Agenda — Santa Maria City Council, November 19, 2024 (part 1 of 5)

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

CITY COUNCIL AGENDA

CITY OF SANTA MARIA, CALIFORNIA

Tuesday, November 19, 2024
CLOSED SESSION - 4:30 P.M.

REGULAR SESSION - 5:30 P.M.

Zoom participation will no longer be provided effective November 1, 2024.

Exception: Members of the public will be allowed to provide public comment through Zoom if a Councilmember is participating remotely
pursuant to the provisions of Assembly Bill 2449.

HOW TO ACCESS MEETINGS

1. Meetings can be viewed in video format alongside the on-line interactive agenda at https://www.cityofsantamaria.org/services/departments/city-clerk-records/agendas-reports-meeting- videos.

2. The City of Santa Maria Broadcasts City Council Meetings Live on local Comcast Cable Channel 23, at cityofsantamaria.org/tv and on YouTube.com/@CityofSantaMariaCalifornia.

3. Closed Captioning is available in English and Spanish during City Council meetings on Comcast Cable Channel 23 and at cityofsantamaria.org/tv.

4. Meetings are replayed on local Comcast Cable Channel 23 and cityofsantamaria.org/tv on Thursdays at 9:00 a.m. and Tuesdays at 5:30 p.m. Meetings are available on demand at YouTube.com/@CityofSantaMariaCalifornia.

Attendance at public meetings may result in the streaming and recording of your image and/or voice.

AMERICANS WITH DISABILITIES ACT
In accordance with the Americans with Disabilities Act of 1990, if you require a disability-related modification or accommodation to attend or participate in this meeting, including auxiliary aids or services, please call the City Clerk’s Office at (805) 925-0951 extension 2306, or by email at [email protected] at least 48 hours before the meeting. Assisted Listening devices are available for those who attend in Council Chambers. Closed Captioning is available during meetings in English and Spanish on Comcast Channel 23 and at CityofSantaMaria.org/tv.

PUBLIC COMMENT (letters/emails)
(Must be received by 2:00 p.m. in advance of the meeting) Members of the public wishing to submit a public comment or a comment on an agenda item, can email [email protected] or mail to the City Council, Attn.: City Clerk's Office, 110 East Cook Street, Santa Maria, CA 93454. Letters/emails will not be read aloud during the meeting. All correspondence will be distributed to Councilmembers, submissions received after the deadline will not be processed until the following day but will become a part of the official record.

MEETINGS
The City Council holds regular meetings on the first and third Tuesday of every month. Regular meetings start at 5:30 p.m. in the Council Chambers at City Hall, 110 East Cook Street, Santa Maria, California. Special and Adjourned Regular meetings start time are to be determined.

POSTING LOCATIONS OF AGENDA AND/OR CANCELLATION NOTICES Regular meeting agendas will be posted at least 72 hours before the meeting (GC§ 54954(a)(1)).

Agenda and Cancellation Notices can be viewed online and are also posted at the following two locations: Santa Maria City Hall located at 110 East Cook Street, Santa Maria, California, and Santa Maria Public Library located at 421 South McClelland Street, Santa Maria, California.

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CLOSED SESSION

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

2. PUBLIC COMMENT PERIOD
Speakers may provide public comments on any matter within the subject matter jurisdiction of the City Council. Each speaker will be limited to 3 minutes, maximum 15 minutes for Public Comment Period. Unless a majority of the Council objects, the Mayor may provide speakers more or less time to speak. All comments or queries shall be addressed to the Council as a body and not to any specific member thereof. Pursuant to Government Code §54954.2(a)(2), the Ralph M. Brown Act, no action or discussion by the City Council shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting.

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

3.a Conference with Real Property Negotiators Pursuant to Government Code §54956.8 Property: 117-191-010, 117-820-002, and a portion of 117-191-013.

Agency Negotiator: Acting City Manager Chuen Wu and City Attorney Tom Watson.

Negotiating Parties: Agro-Jal Farms.

Under Negotiation: Price and Terms of Payment.

3.b Conference with Labor Negotiators, Pursuant to California Government Code §54957.6
Agency Representatives: Acting City Manager Chuen Wu, City Attorney Tom Watson, Chief Human Resources Officer Graciela Reynoso, and Negotiations Team.

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

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

5. INVOCATION

6. PLEDGE OF ALLEGIANCE

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

8. REPORT BY THE CITY ATTORNEY FROM CLOSED SESSION

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9. PROCLAMATIONS

9.a Retirement Resolution – Police Chief Schneider
The City Council will approve a Resolution honoring and commending Police Chief Marc Schneider for 29 years of service with the Santa Maria Police Department, his contributions to the community, and congratulating him on his upcoming retirement.

RECOMMENDATION:

Adopt a Resolution honoring and commending Police Chief Marc Schnieder for 29 years of exemplary public service.

10. PUBLIC COMMENT PERIOD (Not to exceed 15 Minutes)
Speakers may provide public comments on any matter within the subject matter jurisdiction of the City Council. Each speaker will be limited to 3 minutes, maximum 15 minutes for Public Comment Period. Unless a majority of the Council objects, the Mayor may provide speakers more or less time to speak. All comments or queries shall be addressed to the Council as a body and not to any specific member thereof. Pursuant to Government Code §54954.2(a)(2), the Ralph M. Brown Act, no action or discussion by the City Council shall be undertaken on any item not appearing on the posted agenda, except to briefly provide information, ask for clarification, provide direction to staff, or schedule a matter for a future meeting.

11. CONSENT CALENDAR
Items on the consent calendar are considered to be routine and customary and are enacted by a single motion with the exception of items removed by a member of the City Council for individual consideration, which shall be individually considered immediately after taking action on the Consent Calendar.

RECOMMENDATION:

Adopt the Consent Calendar as submitted.

11.a CITY MANAGER/CITY CLERK DEPARTMENT

11.a.1 Ordinances and Resolutions
RECOMMENDATION:

Waive the reading in full of all Ordinances and Resolutions. Ordinances on the Consent Agenda will be adopted by the same vote cast at the first meeting, unless City Council indicates otherwise.

11.a.2 Approval of Minutes
RECOMMENDATION:

Approve the Minutes of the regular City Council meeting of October 1, 2024.

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11.a.3 Adoption of a Resolution Canceling the December 3, 2024, City Council Meeting
The City Council will consider canceling the regular City Council meeting on December 3, 2024, due to the Thanksgiving Holiday and a lack of agenda items.

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 canceling the regular City Council meeting on December 3, 2024.

11.a.4 Responses to 2023-2024 Santa Barbara County Grand Jury Report – Homeless Encampments in Santa Barbara County
The City Council will review staff’s recommended responses to the 2023-2024 Santa Barbara Grand Jury report titled “Homeless Encampments in Santa Barbara County – Becoming Part of the Community Again.” RECOMMENDATION:

Review and approve staff’s recommended responses addressing the findings and recommendations from the Grand Jury report titled “Homeless Encampments in Santa Barbara County” and authorize the Mayor to sign and transmit the City’s Response to the Presiding Judge of the Superior Court with a copy to the current impaneled Civil Grand Jury and file a copy with the City Clerk’s Office.

11.b COMMUNITY DEVELOPMENT DEPARTMENT

11.b.1 Adoption of a Resolution Approving a Public Convenience or Necessity Determination for a Type 20 Alcohol Beverage Control License for El Toro Loco Supermarket at 204 North Blosser Road, Suite B
The City Council will consider approving a Public Convenience or Necessity Determination for a Type 20 Alcohol Beverage Control License for El Toro Loco Supermarket at 204 North Blosser Road, Suite B.

Environmental Notice: The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act State Guidelines.

RECOMMENDATION:

Adopt a Resolution approving a determination of public convenience for the issuance of a Type 20 (Off-Sale Beer and Wine) alcohol beverage control license for El Toro Loco Supermarket located at 204 North Blosser Road, Suite B.

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11.c FINANCE DEPARTMENT

11.c.1 Payment of Warrants
RECOMMENDATION:

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

11.c.2 Payment of Payroll
RECOMMENDATION:

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

11.d POLICE DEPARTMENT

11.d.1 Adoption of a Resolution Approving Amendments to Agreements with Santa Maria Joint Unified High School District for Law Enforcement Services The City Council will consider authorizing the City of Santa Maria to amend current agreements for Law Enforcement services between the Santa Maria Police Department and Santa Maria Joint Unified High School District.

RECOMMENDATION:

Adopt a Resolution approving a billing rate amendment to current agreements for law enforcement services between the Santa Maria Police Department and the Santa Maria Joint Unified High School District.

11.e PUBLIC WORKS DEPARTMENT

11.e.1 Adoption of a Resolution Accepting a Regional Early Action Planning Grant The City Council will consider accepting a Regional Early Action Planning 2.0 grant for infrastructure improvements and pedestrian enhancements to stimulate redevelopment in the City’s downtown core, including the future construction of affordable housing and mixed-use retail commercial developments. The improvements will facilitate in-fill development which will enhance the housing supply, choice, and affordability in the downtown area.

RECOMMENDATION:

Adopt a Resolution authorizing the Director of Public Works to enter into an agreement between the City of Santa Maria and Santa Barbara County Association of Governments regarding the Regional Early Action Planning Grant Award for $2,482,958.44.

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11.e.2 Adoption of a Resolution Approving an Award of Bid - Sports Complex Project, Bid No. 2024-11
The City Council will consider approving the award of Bid No. 2024-11 to Specialty Construction Inc. for the construction of the Sports Complex Project.

This project will consist of grading, irrigation, landscaping, electrical improvements, hardscape, and restroom and playground installation.

Environmental Notice: A Final Supplemental Environmental Impact Report (SCH 1994107909), was prepared in connection with the Blosser-Southeast Specific Plan Amendment.

RECOMMENDATION:

Adopt a Resolution awarding a bid to Specialty Construction Inc., in the amount of $9,894,271.98 for the construction of Sports Complex Project, Bid No. 2024-11.

11.e.3 Adoption of a Resolution Establishing a No Stopping Zone On Farnel Road The City Council will consider approving the establishment of a no stopping zone on Farnel Road to improve line of sight and drop-off and pick-up operations.

RECOMMENDATION:

Adopt a Resolution establishing a no stopping zone on Farnel Road.

11.e.4 Adoption of a Resolution Approving a Proposed Summary Vacation of a 20- Foot-Wide Right-Of-Way Lying East of Concepcion Avenue Between State Route 166 (Main Street) And East Chapel Street, Intersecting with North Concepcion Avenue
The City Council will consider approving summarily vacating an alley right-of- way located between State Route 166 (Main Street) and East Chapel Street, east of North Concepcion Avenue. The alley right-of-way no longer serves its purpose to provide public access to the adjacent parcels and access to utilities within the alley as no public access is necessary across the alley and no utilities exist within the alley.

Adopt a Resolution summarily vacating an alley right-of-way located between State Route 166 (Main Street) and East Chapel Street, intersecting with North Concepcion Avenue, recorded as Instrument No. 8357 in Book 1153 at Page 385 of Official Records in the Office of the County Recorder of Santa Barbara County, State of California.

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11.e.5 Adoption of a Resolution Approving an Award of Bid for Church Street Sewer Line Project, Bid No. 2024-07
The City Council will consider approving the award of Bid No. 2024-07 to R.

Baker Inc. for the construction of the Church Street Sewer Line Project. This project consists of providing a new 2,250-foot long 12” diameter gravity sewer in Church Street between South Depot Street and South Broadway Street, and two 200-foot long 8” diameter relief gravity sewers and associated sewer manholes; providing irrigation and irrigation control wire conduits for future installation of irrigation lines and control wires.

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

RECOMMENDATION:

Adopt a Resolution awarding a bid to R. Baker Inc., in the amount of $1,500,584, for the construction of the Church Street Sewer Line Project, Bid No. 2024-07.

11.e.6 Adoption of a Resolution Authorizing an Easement Quitclaim Deed for Emergency Vehicular Travel
The City Council will consider approving a Resolution to quitclaim the subject easement. This quitclaim would eliminate the City’s interest in the dedicated easement because the easement will no longer be used for the intended purpose to provide emergency vehicle access to the Hi-Way Drive-In Movie Theater that is being replaced by a single-family residential tract. Adoption of a Resolution to quitclaim this easement is recommended to allow the entitled project to continue with Final Map recordation and construction.

Adopt a Resolution to quitclaim the emergency vehicular travel easement located on APN 109-010-012, recorded as instrument 1992-001851.

11.e.7 Adoption of a Resolution Approving Arrow Parcel Map, Tract 6030 The City Council will consider approving a two-lot subdivision of APN 111- 270-005 which will include the dedication of a 10-foot Public Utility Easement.

RECOMMENDATION:

Adopt a Resolution approving the Parcel Map, and a 10-foot wide Public Utility Easement, for the Arrow Parcel Map, Tract 6030.

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11.e.8 Adoption of a Resolution Approving an Award of Bid for Minami Parking Lot Reconstruction Project, Bid No. 2024-09
The City Council will consider approving the award of Bid No. 2024-09 to Ramsey Asphalt Construction Corporation for the construction of the Minami Parking Lot Reconstruction Project, Bid No. 2024-09. This project will consist of demolition of existing concrete, construction of ADA-accessible curb ramps and pathways, drainage improvements, and parking lot reconstruction.

RECOMMENDATION:

Adopt a Resolution awarding a bid to the Ramsey Asphalt Construction Corporation, in the amount of $394,057.50, for the construction of Minami Parking Lot Reconstruction Project, Bid No. 2024-09.

11.e.9 Adoption of a Resolution Approving an Award of Bid for Preisker Park Parking Lot Rehabilitation Project, Bid No. 2024-10
The City Council will consider approving the award of Bid No. 2024-10 to The J.F. Will Company Inc. for the construction of the Preisker Park Parking Lot Rehabilitation Project. This project will consist of demolition of existing concrete, construction of ADA accessible curb ramps and pathways, drainage improvements, and parking lot reconstruction.

RECOMMENDATION:

Adopt a Resolution awarding a bid to The J.F. Will Company Inc., in the amount of $119,107 for the construction of Preisker Park Parking Rehabilitation Project, Bid No. 2024-10.

11.e.10 Adoption of a Resolution Awarding a Bid for East Taylor Street Pocket Park for Project, Bid No. 2024-08
The City Council will consider approving the award of Bid No. 2024-08 to The J.F. Will Company Inc. for the construction of the East Taylor Street Pocket Project. This project will consist of grading, irrigation, landscaping, and playground installation.

Environmental Notice: This is a Class 32 (Infill Development) categorical exemption based on Section 15332 of the CEQA Guidelines.

RECOMMENDATION:

Adopt a Resolution awarding a bid to The J.F. Will Company Inc., in the amount of $371,531.60, for the construction of the East Taylor Street Pocket Project, Bid No. 2024-08.

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11.e.11 Adoption of a Resolution Approving a Proposed Grant and Abandonment of Easements on Santa Maria Airport District Property
The City Council will consider approving the following: waterline and well site easements for Well 6 and Well 15 from the Santa Maria Airport District, abandonment of a waterline well site easement for Well 15, and the abandonment of Well Site 6.

RECOMMENDATION:

Adopt a Resolution accepting a grant of easement from the Santa Maria Airport District for water purposes for Well 6 and Well 15 and the abandonment of previous easements for Well 6 and Well 15.

11.f UTILITIES DEPARTMENT

11.f.1 Adoption of a Resolution Approving an Amendment with Engel & Gray, Inc. for Operational Management of the Green Waste Collection Program and a Disposal Fee Adjustment for the Regional Landfill for Clean Green Waste/Wood Waste
The City Council will consider adopting a Resolution approving an amendment with Engel & Gray, Inc. for Operational Management of the City of Santa Maria Green Waste Collection Program and approving a disposal fee adjustment at the Santa Maria Regional Landfill for clean green waste / wood waste.

RECOMMENDATION:

Adopt a Resolution approving: (1) Amendment No. 2 with Engel and Gray, Inc. for Operational Management of City of Santa Maria Green Waste Collection Program, effective January 1, 2025; and (2) Disposal fee adjustment for Clean Green Waste / Wood Waste, effective January 1, 2025.

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

Council Agenda Report to be given.

Applicant/Appellant comments.

Questions from the City Council.

Written communications/Public input.

Public hearing to be closed.

City Council discussion and action.

12.a Adoption of Resolutions and Introduction of an Ordinance for Santa Maria Public Airport District General Plan Land Use Map Amendment and Zone Change at 1494 Fairway Drive
The City Council will consider approving a General Plan Land Use Map Amendment and Zone Change (GPZ2023-0001) for RRM Design Group on behalf of the Santa Maria Public Airport District to change the land use designation on a 6.95-acre site from A-AS (Airport-Airport Service) and the zone district of OS (Open Space) to LI (Light Industrial) land use designation and PD/M-1 (Planned Development/Light Manufacturing) zone district.

Environmental Notice: Environmental Review for this project was completed through the preparation of an Initial Study/Mitigated Negative Declaration (SCH #2024070374) pursuant to the California Environmental Quality Act State Guidelines.

RECOMMENDATION:

1. Adopt a Resolution to adopt a Mitigated Negative Declaration and Mitigation Monitoring Program prepared for the General Plan Land Use Policy Map Amendment and Zone Change for the Santa Maria Public Airport District project, located at 1494 Fairway Drive; and
RECOMMENDATION:

2. Adopt a Resolution amending the General Plan Land Use Policy Map for the Santa Maria Public Airport District (GPZ2023-0001) on 6.95-acres located at 1494 Fairway Drive from A-AS (Airport-Airport Service) to LI (Light Industrial); and RECOMMENDATION:

3. Introduce for first reading, and continue to a future meeting, an Ordinance amending the official Zoning Map for the Santa Maria Public Airport District (GPZ2023-0001) on a 6.95-acre site located at 1494 Fairway Drive FROM OS (Open Space) to PD/M-1 (Planned Development/Light Manufacturing) zone district.

12.b Adoption of Resolutions and Introduction of an Ordinance for Richards Ranch Annexation, Pre-Zoning, and General Plan Amendment
The City Council will consider the Richards Ranch Annexation, Pre-Zoning, and General Plan Amendment project. The project site is 43.75 acres located at the southeast and northeast corners of the intersection of Highway 135 and Union Valley Parkway in the unincorporated Orcutt area of Santa Barbara County.

Environmental Notice: Environmental review for this project was completed through the preparation of an Environmental Impact Report (SCH# 2022020194) pursuant to the California Environmental Quality Act (CEQA) State Guidelines.

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RECOMMENDATION:

1. Adopt a Resolution to certify an Environmental Impact Report making California Environmental Quality Act Findings, adopting a Statement of Overriding Considerations and adopting a Mitigation Monitoring and Reporting Program for the Richards Ranch Annexation, Pre-Zoning, and General Plan Land Use Map Amendment located at the northeast and southeast intersections of Union Valley Parkway and Highway 135; and
RECOMMENDATION:

2. Adopt a Resolution approving an amendment to the General Plan Land Use Policy Map for approximately 43.75 acres located at the northeast and southeast corners of the intersection of Highway 135 and Union Valley Parkway; and RECOMMENDATION:

3. Introduce an Ordinance pre-zoning approximately 43.75 acres located in the unincorporated area of Santa Barbara County from Retail Commercial (C-2) to Planned Development/ General Commercial (PD/C-2) on 16.35 acres, and Planned Development/High Density Residential (PD/R-3) on 27.4 acres; and RECOMMENDATION:

4. Adopt a Resolution approving an application initiating proceedings for the Richards Ranch Reorganization (AN2021-0001).

12.c Adoption of a Resolution approving a Commercial Building Inspection User Fee The City Council will conduct a Public Hearing and consider approving the addition of a Commercial Building Inspection User Fee.

RECOMMENDATION:

Adopt a Resolution approving the addition of a Commercial Building Inspection User Fee at 100 percent cost recovery.

13. REGULAR BUSINESS
ORDER OF PROCEEDINGS FOR REGULAR BUSINESS ITEMS:

Council Agenda Report to be given.

Questions from the City Council.

Written communications/Public input.

City Council discussion and action.

13.a Adoption of a Resolution Approving First Quarter Amendments and Financial Report for the First Quarter Ending September 30, 2024
The City Council will consider receiving the 2024-25 First Quarter Financial Report and approving proposed budget amendments.

The City Council will consider receiving the 2024-25 First Quarter Financial Report and approving proposed budget amendments.

RECOMMENDATION:

Receive and file the Financial Report for the First Quarter ending September 30, 2024.

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Adopt a Resolution approving First Quarter Amendments to the 2024-25 Budget for personnel and operational changes.

2. 14. REPORT BY INTERIM CITY MANAGER

15. ORAL REPORTS OF COUNCILMEMBERS AND OFFICERS (INCLUDING AB1234

REPORTS)

16. ADJOURNMENT

If you challenge a determination made on a matter on this agenda in court, you may be limited to raising only those issues you or someone else raised at the public hearing described on this agenda, or in written correspondence to the city council at, or prior to, the public hearing.

I, Donna G. Schwartz, hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted not less than 72 hours at the following locations: City of Santa Maria City Hall and Library and made available at https://www.cityofsantamaria.org/services/departments/city-clerk-records/agendas-reports- meeting-videos on this 14th day of November 2024.
/s/ DONNA G. SCHWARTZ
Chief Deputy City Clerk

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FOR THE COUNCIL MEETING OF NOVEMBER 19, 2024

COUNCIL AGENDA REPORT

TO: City Council

FROM: Acting City Manager Chuen Wu

SUBJECT: Retirement Resolution – Police Chief Schneider

Description:

The City Council will approve a Resolution honoring and commending Police Chief Marc Schneider for 29 years of service with the Santa Maria Police Department , his contributions to the community, and congratulating him on his upcoming retirement.

RECOMMENDATION:

Adopt a Resolution honoring and commending Police Chief Marc Schnieder for 29 years of exemplary public service.

BACKGROUND:

Chief Schneider’s law enforcement career began in 1993 with the City of Pismo Beach, and in 1995 was hired by the Santa Maria Po lice Department. He worked as an Officer, Sergeant, Lieutenant, and in March 2017 was promoted to Division Commander. He became Acting Chief on December 19, 2020, and later was appointed as the City’s 31st Police Chief on January 2, 2021.

A longtime Santa Marian, he has a passion for serving the community and serves on the following non -profit boards: Board of Trustees for Child Abuse Listening Mediation (CALM), Advisory Board for One805, and Department Liaison for the Santa Maria Police Council. He is also a member of the following civic organizations: Breakfast Rotary Club of Santa Maria, and the Santa Maria Elks Lodge #1538.

A pair of uncles and a family friend in law enforcement helped to inspire his choice of career. His brother, Duane, also worked at the department, retiring at the rank of sergeant.

Following his graduation from Righetti High School in 1988, he enrolled in administration of justice classes at Allan Hancock College and transferred to Fresno State, earning a Bachelor’s Degree in Crimin ology. He completed Allan Hancock College’s Law Enforcement Academy and landed a job with the Pismo Beach Police Department in 1993. He also earned a Master’s Degree in Human Resource Management.

The Police Department has approximately 200 positions. Its Santa Maria Public Safety communications center receives about 100,000 calls for Police and Fire service every year.

2 Part of his legacy is that of creating a strategic plan that encompasses technology, developing new leadership, and tackling mental health issues in the community.

The Police Department now uses more technology than ever, including automated license plate readers and body-worn cameras. Chief Schneider was instrumental in launching an agreement with County behavioral wellness, enabling a clinician to team up with officers and be proactive in mental health-related calls for service. He is proud to have a diverse Police Department with men and women, many of whom have degrees and are bilingual.

Chief Schneider oversaw the launch of new program s including the paid police cadet program, mounted enforcement unit, outreach coordinator, and online crime reporting.

He worked with the Community Services Unit and the Santa Maria-Bonita School District to create the first Mixteco Community Academy.

Chief Schneider will be retiring on November 29th, to pursue new adventures and travel with his wife, Kristy. City staff would like to commend him for his outstanding dedication and commitment to the City of Santa Maria and wish him well in all his future endeavors.

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

COMMENDING POLICE CHIEF MARC SCHNEIDER FOR HIS
29 YEARS OF EXEMPLARY PUBLIC SERVICE
WHEREAS, Police Chief Marc Schneider has been a valuable member of the City team since 1995; and

WHEREAS, with 29 years of service in the Santa Maria Police Department, Chief Schneider worked as an Officer, Sergeant, Lieutenant, and in March 2017 was promoted to Division Commander. He became Acting Chief on December 19, 2020, and later was appointed as the City’s 31st Police Chief on January 2, 2021; and

WHEREAS, during his tenure as Chief, he ensured the Police Department provided professional police services through community partnerships, and delivered exceptional service to promote public safety and reduce crime; and

WHEREAS, Chief Schneider was instrumental in launching an agreement with County behavioral wellness, enabling a clinician to team up with officers and be proactive in mental health -related calls for service; launched online crime reporting, started the cadet program, implemented the body -worn camera program, initiated the outreach coordinator position, worked to establish the Mixteco Community Academy, and finalized the installation of more than 130 automated license plate readers, among numerous other accomplishments; and

WHEREAS, Chief Schneider is proud to have a diverse Police Department with men and women, many of whom have degrees and are bilingual; and

WHEREAS, Chief Schneider will retire on November 29, 2024, and the Santa Maria City Council wishes to recognize him for his lasting contributions to the community.

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

POLICE CHIEF MARC SCHNEIDER
is hereby recognized and commended for his dedicated service and his significant contributions to the Santa Maria community and wishes him and his family well in all their future endeavors.

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

Mayor Alice M. Patino Mayor Pro Tem Gloria Soto

ATTEST:

Councilmember Mike Cordero

Chief Deputy City Clerk Councilmember Carlos Escobedo Donna Schwartz

Councilmember Maribel Aguilera-
Hernandez

City of Santa Maria
Santa Maria, California
Resolution No. 2024-123

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA MARIA, CALIFORNIA, COMMENDING POLICE
CHIEF MARC SCHNEIDER FOR HIS 29 YEARS OF EXEMPLARY

PUBLIC SERVICE

WHEREAS, Police Chief Marc Schneider has been a valuable member of the City team since 1995; and

WHEREAS, with 29 years of service in the Santa Maria Police Department, Chief Schneider worked as an Officer, Sergeant, Lieutenant, and in March 2017 was promoted to Division Commander. He became Acting Chief on December 19, 2020, a nd later was appointed as the City’s 31st Police Chief on January 2, 2021; and

WHEREAS, Chief Schneider is proud to have a diverse Police Department with men and women, many of whom have degrees and are bilingual; and

WHEREAS, Chief Schneider will retire on November 29, 2024, and the Santa Maria City Council wishes to recognize him for his lasting contributions to the community.

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

1. Police Chief Marc Schneider is hereby recognized and commended for his dedicated service and his significant contributions to the Santa Maria community and wishes him and his family well in all their future endeavors; and

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

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

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

1 CITY COUNCIL MEETING MINUTES CITY OF SANTA MARIA, CALIFORNIA

October 1, 2024, 5:30 p.m.

City Hall Council Chambers
110 East Cook Street
Santa Maria

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

Staff Present: Interim City Manager Alex Posada, City Attorney Thomas Watson, Assistant City Manager Chuen Wu, Fire Chief Bradley Dandridge, Director of Public Works Brett Fulgoni, Interim Chief Human Resources Officer Dawn Jackson, Interim Director of Recreation and Parks Angela Oslund, Interim Director of Community Development Dana Eady, Commander Jesse Silva, Director of Utilities Shad Springer, Chief Deputy City Clerk Donna Schwartz, Assistant City Clerk Alexandra Valadez, Interim Finance Director Xenia Bradford

_____________________________________________________________________

CLOSED SESSION

1. CALL TO ORDER
At 4:30 p.m. Mayor Patino called the meeting to order.

ROLL CALL:

MEMBERS PRESENT:

Councilmembers Maribel Aguilera -Hernandez, Mike Cordero, Carlos Escobedo, Mayor Pro Tem Gloria Soto, and Mayor Alice Patino.

Councilmember Aguilera -Hernandez arrived at 4:33 p.m. Councilmember Escobedo arrived at 5:09 p.m.

STAFF MEMBERS PRESENT:

Interim City Manager Alex Posada and City Attorney Thomas Watson were present, along with Chief Deputy City Clerk Donna G. Schwartz.

2. PUBLIC COMMENT PERIOD
Mayor Patino opened public comment, there being none, closed public comment.

3. RECESS-CLOSED SESSION
At 4:31 p.m. Mayor Patino recessed to Closed Session.

3.a Conference with Labor Negotiators, Pursuant to California Government Code §54957.6

3.b Conference with Real Property Negotiators Pursuant to Government Code §54956.8

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

5. INVOCATION
Pastor Courtney Tan from St. Peters Episcopal Church gave the Invocation.

6. PLEDGE OF ALLEGIANCE

2 Councilmember Cordero led the Pledge of Allegiance.

7. CALL TO ORDER
Mayor Patino convened the meeting and called the meeting to order at 5:32 p.m.

8. REPORT BY THE CITY ATTORNEY FROM CLOSED SESSION
City Attorney Watson reported that instructions were provided for closed session items 3.a and 3.b.

9. PROCLAMATIONS

9.a Proclamation – "Active Aging Week" – September 30 through October 6, 2024 The City Council presented a Proclamation recognizing September 30 through October 6, 2024, as Active Aging Week, recognizing the importance of promoting healthy, active lifestyles among older adults. The Proclamation was accepted by Evelyn Marroquin and Jolene Simmons.

9.b Proclamation – “Fire Prevention Week” - October 6 through 12, 2024 The City Council presented a Proclamation recognizing the week of October 6 through 12, 2024, as "Fire Prevention Week" in the City of Santa Maria. The Proclamation was accepted by Fire Marshal Jim Austin.

9.c Proclamation – “Code Enforcement Officer Appreciation Week” - October 7 through 11, 2024 The City Council presented a Proclamation to recognize October 7 through 11, 2024, as "Code Enforcement Week". The Proclamation was accepted by Code Enforcement Supervisor Yvette Fuentes.

9.d Proclamation – "National Arts and Humanities Month" – October 2024 The City Council presented a Proclamation recognizing October as "National Arts and Humanities Month" in the City of Santa Maria. The Proclamation was accepted by President of the Santa Maria Philharmonic Society Board of Directors Sandra Dickerson and Interim Assistant Director of Recreation & Parks Dennis Smitherman.

9.e Businesses of the Quarter – October to December 2024 The City Council presented certificates to the featured Businesses of the Quarter (October to December 2024) - Klondike Pizza and J&E Cleaning Services, Inc. The certificate was accepted by Owner of J&E Cleaning Services, Inc Joe Gonzalez. Klondike Pizza was not available to accept the certificate.

10. PRESENTATIONS

10.a Presentation – Santa Maria Philharmonic Society
The City Council received a presentation regarding the Santa Maria Philharmonic Society. The presentation was given by President of the Santa Maria Philharmonic Board of Directors Sandra Dickerson.

10.b Presentation – Status Update on Encampment Response Efforts The City Council received a status update on encampment response efforts and services to assist the unsheltered in the Santa Maria community. The presentation was given by Assistant City Manager Chuen Wu, along with Santa Barbara County Deputy Director of Housing a nd Community Development Joe Dzonik, and Senior Park Services Officer Ruben Ramirez.

11. PUBLIC COMMENT PERIOD (Not to exceed 15 Minutes)
Mayor Patino invited public comment. Speaking from the public was Scott Bramsen, Matt Chircop, and Gary Hall.

12. CONSENT CALENDAR
Consent Calendar Items 12.a.1 through 12.e.1 were approved as presented, including the adoption of Resolution Nos. 2024 -116, 2024 -117, 2024 -118, 2024 -119, 2024 -120, and 2024 -121. The recorded vote appears with each item below.

Moved by: Councilmember Escobedo
Seconded by: Councilmember Aguilera-Hernandez

3 Adopt the Consent Calendar as submitted.

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

12.a CITY MANAGER/CITY CLERK DEPARTMENT

12.a.1 Ordinances and Resolutions
Moved by: Councilmember Escobedo
Seconded by: Councilmember Aguilera-Hernandez
Waived the reading in full of all Ordinances and Resolutions. Ordinances on the Consent Agenda will be adopted by the same vote cast at the first meeting, unless City Council indicates otherwise.

Motion carried by a recorded vote

12.a.2 Approval of Minutes
Moved by: Councilmember Escobedo
Seconded by: Councilmember Aguilera-Hernandez
Approved the Minutes of the regular City Council meeting of September 17, 2024, and special City Council meeting of September 20, 2024, and September 24, 2024.

Motion carried by a recorded vote

12.a.3 Bond Release for Betteravia Plaza, Tract 6008
Moved by: Councilmember Escobedo
Seconded by: Councilmember Aguilera-Hernandez
Council approved and accepted as complete, the public improvements associated with Betteravia Plaza, Tract 6008, and authorized the release of various Faithful Performance Bonds related to this tract.

Motion carried by a recorded vote

12.a.4 Adoption of a Resolution Canceling the regular City Council meetings on October 15, 2024, and November 5, 2024.

Action: Adopted as Resolution No. 2024-116.

Moved by: Councilmember Escobedo
Seconded by: Councilmember Aguilera-Hernandez
Adopted a Resolution canceling the regular City Council meetings on October 15, 2024, and November 5, 2024.

Motion carried by a recorded vote

12.a.5 Adoption of a Resolution Approving an Amendment to Conflict of Interest Code Action: Adopted as Resolution No. 2024-117.

Moved by: Councilmember Escobedo
Seconded by: Councilmember Aguilera-Hernandez
Adopted a Resolution approving the Conflict of Interest Code Amendment.

Motion carried by a recorded vote

4 12.a.6 Adoption of a Resolution Approving a Comprehensive Schematic Pay Schedule for Full-Time and Part-Time Employees in Compliance with the Requirements of California Public Employees’ Retirement System
Action: Adopted as Resolution No. 2024-118.

Moved by: Councilmember Escobedo
Seconded by: Councilmember Aguilera-Hernandez
Adopted a Resolution approving a Comprehensive Schematic Pay Schedule for all full -time and part-time employees in accordance with California Public Employees’ Retirement System guidelines.

Motion carried by a recorded vote

12.b COMMUNITY DEVELOPMENT

12.b.1 Community Development Block Grant Capital Project Proposals Moved by: Councilmember Escobedo
Seconded by: Councilmember Aguilera-Hernandez
City Council received this report and directed the Fiscal Year 2025 -26 Community Development Block Grant Capital project proposal to continue with the application process.

Motion carried by a recorded vote

12.c FINANCE DEPARTMENT

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

Motion carried by a recorded vote

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

Motion carried by a recorded vote

12.d LIBRARY DEPARTMENT

12.d.1 Adoption of two Resolutions approving an Amended Joint Powers Agreement and Amended Bylaws with the Black Gold Cooperative Library System
Action: Adopted as Resolution No. 2024-119.

Moved by: Councilmember Escobedo
Seconded by: Councilmember Aguilera-Hernandez
Adopted a Resolution approving an amended Joint Powers Agreement with the Black Gold Cooperative Library System; and
Motion carried by a recorded vote

5 Action: Adopted as Resolution No. 2024-120.

Moved by: Councilmember Escobedo
Seconded by: Councilmember Aguilera-Hernandez
Adopted a Resolution approving the amended Bylaws with the Black Gold Cooperative Library System.

Motion carried by a recorded vote

12.e PUBLIC WORKS DEPARTMENT

12.e.1 Adoption of a Resolution to Reject All Bids for The Santa Maria Sports Complex Project, Bid No. 2024-06
Action: Adopted as Resolution No. 2024-121.

Moved by: Councilmember Escobedo
Seconded by: Councilmember Aguilera-Hernandez
Adopted a Resolution rejecting all bids for the Santa Maria Sports Complex Project, Bid No. 2024-06.

Motion carried by a recorded vote

13. REGULAR BUSINESS

13.a Adoption of a Resolution Approving an Employment Agreement for City Manager The City Council considered approving an employment agreement for City Manager. Staff report given by Interim City Manager Alex Posada.

Action: Adopted as Resolution No. 2024-121.

Moved by: Councilmember Aguilera-Hernandez
Seconded by: Councilmember Escobedo
Adopted a Resolution approving an employment agreement with David W. Rowlands for City Manager effective November 30, 2024; and authorizing the Mayor to sign the negotiated Employment Agreement once his background investigation has been successfully completed.

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

13.b General Fund Fiscal Forecast Update and Fiscal Year 2024-26 Budget Balancing Analysis The City Council received an update on the City's General Fund Forecast, Fiscal Year 2024 -26 Budget Balancing Analysis, and overview of Revenue Enhancement Options.

Mayor Patino invited public comment. Speaking from the public was Matt Chircop, Gabi Delgado, and Mitzy Mancilla/ Fatima Cabrera.

Direction was provided to City staff to explore all revenue enhancement options more, including an additional "Sugar Tax" option.

14. REPORT BY INTERIM CITY MANAGER
Interim City Manager Posada reported the next City Council Meetings on October 15th and November 5th are canceled. The next City Council Meeting will be on November 19th and items on the agenda include POST - Executive Certification Presentation, Chamber of Commerce Annual Repor t, Quarter 1 Financial Report, Acceptance of Cybersecurity Grant, Award of Contracts for Santa Maria Sports Complex, Taylor -Miller Pocket Park, Minami Park Parking Lot, and Church Street Sewer Project, Preisker Park Parking Lot, REAP Report, Public Conveni ence of Necessity Determination (Type 20 ABC

6 License), Richards Ranch Annexation Applications, and the Street and Fairway Drive Land Use Map Amendment and Zone Change (GPZ2023-0001).

Interim City Manager Posada also reported the City Council Meeting on D ecember 3rd is canceled. The next City Council Meeting in December would be on the 17th with an item on the agenda as Seating for Councilmembers.

15. ORAL REPORTS OF COUNCILMEMBERS AND OFFICERS (INCLUDING AB1234 REPORTS) Councilmember Cordero reported he a ttended the 51st Annual Law Enforcement Appreciation event, the SMRT Micro Transit Ribbon Cutting Ceremony, the 100th Birthday Celebration for Navy Veteran Bob Mettauer, Special Closed Session, and the Highway 166Ribbon Cutting Ceremony.

Councilmember Escobedo reported he attended the 51st Annual Law Enforcement Appreciation event and the 100th Birthday Celebration for Navy Veteran Bob Mettauer.

Councilmember Aguilera -Hernandez reported she attended 51st Annual Law Enforcement Appreciation event, SBCAG Meeting, SMRT Micro Transit Ribbon Cutting Ceremony, Central Coast AirFest, Northern Santa Barbara County Bar Association, EconAlliance Board Meeting, and Highway 166 Ribbon Cutting.

Councilmember Soto had nothing to report.

Mayor Patino rep orted she attended the Ben Heighs Show, 3CE Annual Conference, Fighting Back Santa Maria Board Meeting, Central Coast AirFest, 100th Birthday Celebration for Navy Veteran Bob Mettauer, California Alliance of Local Electeds, Marian Regional Medical Foundati on Board Meeting, Public Officials Night with Homebuilders Association of the Central Coast, and Highway 166 Ribbon Cutting.

16. ADJOURNMENT
There being no further business before the City Council, Mayor Patino declared the City Council meeting adjourned at 7:44 p.m.

Chief Deputy City Clerk Alice M. Patino, Mayor

FOR THE COUNCIL MEETING OF NOVEMBER 19, 2024

COUNCIL AGENDA REPORT

TO: City Council

FROM: Acting City Manager Chuen Wu

SUBJECT: Adoption of a Resolution Canceling the December 3 , 2024, City Council Meeting

Description:

The City Council will consider canceling the regular City Council meeting on December 3, 2024, due to the Thanksgiving Holiday and a lack of agenda items.

RECOMMENDATION:

Adopt a Resolution canceling the regular City Council meeting on December 3, 2024.

BACKGROUND:

Section 2-1.01 of the Santa Maria Municipal Code sets the time, day, and place for holding City Council meetings to discuss items of City business. The City Council has the authority to cancel meetings due to lack of a quorum or lack of business items.

DISCUSSION:

While many cities go “dark” for a meeting or two during the summer months or holiday season, the Santa Maria City Council has always met on the first and third Tuesday of each month with no pre-determined scheduled breaks.

Due to the Thanksgiving Holiday and a lack of agenda items scheduled for December 3, 2024, City Council Meeting staff recommends that the City Council cancel the first meeting in December, and address items that arise between now and then at the December 17, 2024, Council meeting.

Alternative(s)
The City Council can decide not to cancel the December 3, 2024, meeting and meet as regularly scheduled.

Fiscal Considerations
There is no foreseeable fiscal impact as a result of this agenda item.

2 Impact to the Community
While the public will not have the ability to bring concerns to the City Council on December 3, 2024, due to the cancelation of the meeting, Councilmembers and staff remain available by email or telephone to address residents’ concerns during the regular business days prior to December 2nd and thereafter.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SANTA MARIA, CALIFORNIA, CANCELING THE
REGULAR CITY COUNCIL MEETING ON DECEMBER 3, 2024

WHEREAS, the City Council meets on a regular schedule twice a month , on the first and third Tuesdays; and

WHEREAS, the City Council has the authority to cancel meetings when necessary; and

WHEREAS, it has been determined that the Thanksgiving Holiday and a lack of agenda items call for the cancelation of the December 3, 2024, City Council meeting.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Maria that the December 3, 2024, City Council meeting is cancelled.

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

Mayor
ATTEST:

Chief Deputy City Clerk

APPROVED AS TO FORM:

By:

City Attorney

APPROVED AS TO CONTENT:

By: -------------------------------
Department Director

By:

City Manager

FOR THE COUNCIL MEETING OF NOVEMBER 19, 2024

COUNCIL AGENDA REPORT

TO: City Council

FROM: Acting City Manager Chuen Wu

SUBJECT: Responses to 2023 -2024 Santa Barbara County Grand Jury Report – Homeless Encampments in Santa Barbara County

Description:

The City Council will review staff’s recommended responses to the 2023 -2024 Santa Barbara Grand Jury report titled “Homeless Encampments in Santa Barbara County – Becoming Part of the Community Again.”

RECOMMENDATION:

BACKGROUND:

On June 21, 2024, the City received the 2023 -2024 Santa Barbara County Grand Jury report titled “Homeless Encam pments in Santa Barbara County – Becoming Part of the Community Again” (Attachment A). The City Council is required to respond to this report within 90 days of receiving it, which provides the City Council until September 21, 2024, to reply to the Grand Ju ry. Due to unplanned circumstances, this response is late. City staff has informed the Grand Jury that the City’s response will be sent as soon as feasible.

DISCUSSION:

The 2023-2024 Santa Barbara County Grand Jury’s report studied the issues surrounding encampments and the progress made, in accordance with Santa Barbara County’s Homeless Encampment Resolution Strategy. The Jury reports that agencies and departments are working collaboratively, leading to positive impacts and helpful contact with unhoused people in encampments. However, the Jury reports ongoing concerns pertaining to health, safety, mental health, substance abuse and environmental harm, as related to encampments.

The Grand Jury report identified findings and recommendations for various a gencies, including the City of Santa Maria, that pertain to approaches to encampment response.

2 Pursuant to California Penal Code Section 933 and 933.05, the Santa Barbara County Grand Jury requests each entity to respond to the enumerated findings and recommendations within the specified statutory time limit.

Responses to Findings shall either be:
 Agree
 Disagree wholly
 Disagree partially with an explanation

Furthermore, responses to recommendations shall be one of the following:
 Has been implemented, with a summary of implementation actions taken  Will be implemented, with an implementation schedule
 Requires further analysis, with an analysis completion date of no more than six months after the publication of the report
 Will not be implemented, with an explanation of why

A draft response letter to the Grand Jury is attached (Attachment B).

Alternative(s)
California Penal Code Section 933c states “no later than 90 days after the grand jury submits a final report on the operations of any public agency su bject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the control of the governing body” and further states “all of these comments and reports shall forthwith be submitted to the presiding judge of the superior court who impaneled the grand jury.” Responses are prescribed per Penal Code Section 933.05.

Fiscal Considerations
There are no fiscal impacts on the response or implementation of the recommendations.

ATTACHMENTS
Attachment A: Homeless Encampments in Santa Barbara County – Becoming Part of the Community Again Attachment B: Draft Response Letter to the Grand Jury

Attachment A

CITY OF SANTA MARIA

OFFICE OF THE CITY MANAGER
City Manager, Ext. 2200
[email protected]

110 EAST COOK STREET ● SANTA MARIA, CA 93454-5190 ● (805) 925-0951 ● FAX (805) 349-0657 ● www.cityofsantamaria.org

Attachment B

November 19, 2024

Presiding Judge Pauline Maxwell
1100 Anacapa Street
P.O. Box 21107
Santa Barbara, CA 93121-1107

SUBJECT: Responses to 2023-24 Grand Jury Report “Homeless Encampments in Santa Barbara County – Becoming Part of the Community Again” dated June 21, 2024

Dear Honorable Judge Maxwell:

The City of Santa Maria is pleased to provide the following requested responses to the above- referenced report for Findings 2 a nd 3 and Recommendations 2 and 3. Please note the following responses:

FINDING 2
The negative effects of encampment sweeps can be mitigated when a variety of community resources are present at the time of the clean-up.

Response: Agree. The City approaches encampment response with the intent to help unsheltered individuals connect to resources, in conjunction with enforcement efforts to keep the community clean and safe.

RECOMMENDATION 2
The County and the cities shall ensure that all sweeps oc cur utilizing a multi -disciplinary approach.

Response: Has been implemented. The coordinated work within the Santa Maria Riverbed is reflective of the collaborative approach that is required for encampment response that minimizes negative effects on both unsheltered individuals and the community. This work involves multiple agencies, departments, and organizations, and includes public safety officers, outreach workers, and other specialists for medical, mental health, housing and employment services. In ot her encampment response efforts, City Community Service Officers and Park Rangers will continue to engage unsheltered individuals and offer information for emergency shelter and other services.

FINDING 3
Encampments lack basic sanitation services.

Response: Agree. Encampments in Santa Maria are found along railways, in the riverbed, on private property, or along public sidewalks and other rights -of-way. These are areas that lack basic sanitation services. Trash, debris, human waste, and other unsanitary or hazardous materials are found on these sites.

RECOMMENDATION 3
The County and the cities shall make trash cans, porta -potties, resources for handwashing, and sharps containers for safe disposal of needles and other hazardous waste available near encampment sites.

Response: Will not be implemented. While the City recognizes the unsanitary conditions of encampment sites, the City believes that providing trash cans, porta -potties, and other facilities at these sites would in essence convey permission for ongoing occupation of these sites. As mentioned, these sites vary, from the riverbed to a back drive aisle of a private shopping center, and the installation of facilities would not be appropriate for these sites. In addition, these actions would incur other unplanned costs, since City public restroom facilities are ofte n misused, vandalized and require frequent monitoring and/or repair. City public safety officers remain committed to helping unsheltered individuals obtain services for emergency or temporary housing, and other health, housing or employment services. The City will continue to coordinate with Santa Barbara County and other partner organizations on ongoing outreach efforts. The City will continue to work to keep the community clean and safe.

ALICE M. PATINO
Mayor

FOR THE COUNCIL MEETING OF NOVEMBER 19, 2024

COUNCIL AGENDA REPORT

TO: City Council

FROM: Acting City Manager Chuen Wu

BY: Interim Community Development Director Dana Eady

SUBJECT: Adoption of a Resolution Approving a Public Convenience or Necessity Determination for a Type 20 Alcohol Beverage Control License for El Toro Loco Supermarket at 204 North Blosser Road , Suite B

Description:

The City Council will consider a pproving a Public Convenience or Necessity Determination for a Type 20 Alcohol Beverage Control License for El Toro Loco Supermarket at 204 North Blosser Road, Suite B.

Environmental Notice: The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act State Guidelines.

RECOMMENDATION:

Adopt a Resolution approving a determination of public convenience for the issuance of a Type 20 (Off -Sale Beer and Wine) alcohol beverage control license for El Toro Loco Supermarket located at 204 North Blosser Road, Suite B.

BACKGROUND:

El Toro Loco Supermarkets is a California supermarket chain with 11 open locations and five locations under construction throughout the state. El Toro Loco Supermarket – Santa Maria is currently under construction with building permits issued on January 18, 2024.

El Toro Loco will operate a neighborhood supermarket in a p ortion of a 29,000 square - foot vacant shopping center located at 204 North Blosser Road, Suite B (Attachment A – Vicinity Map). The store will be open daily from 7:00 a.m. to 9:00 p.m., and will offer fresh fruits and vegetables, a bakery, a butcher shop and general grocery store items. El Toro Loco Supermarket is requesting a Type 20 license from the California Department of Alcoholic Beverage Control (ABC) to offer the sale of beer and wine to customers for offsite consumption. Currently, 9 out of the 11 open El Toro Loco Supermarkets hold an active ABC License.

DISCUSSION:

El Toro Loco Supermarket proposes to offer beer and wine sales alongside their existing selection of typical food and beverage products sold at a grocery store as a convenience 2 for their customers. The percentage of the El Toro Loco store’s floor area dedicated to beer and wine sales , display, and storage would be no more than 5 percent (or approximately 1,000 square feet) of the store’s 22,921 square -foot building area (Attachment B – Floor Plan). The ability for customers to purchase beer and wine along with other groceries would make El Toro Loco Supermarket a full -service supermarket increasing convenience for the consumer and avoiding a separate trip to a liquor store or separate market to purchase beer and wine.

State Law
Section 23958.4(b)(2) of the Business and Professions Code provides the City Council some authority and responsibility regarding the issuance of certain types of alcoholic beverage licenses where there is a request for a new license in an area with:

1. Undue Concentration of Licenses:

An area of “undue concentration” of off-sale ABC licenses exists where the ratio of licenses to population (people residing) within a census tract exceeds the ratio of off-sale retail licenses for the overall county. This property is located in Census Tract 23.04, which encompasses the area from West Main Street to W Alvin Ave between North Blosser Road and North Broadway. The east and south boundaries of Tract 23.04 are two major commercial corridors , Broadway and Main Street , which results in an undue concentration designation for the area. ABC reports there are six existing off -sale licenses, but the tract is limited to three licenses based on the population. This Type 20 license will increase the number of licenses within the Census Tract to seven.

2. Undue Concentration of Crime:

State law defines an area of “undue concentration” of crime as a reporting district with annual reported crimes 20 percent over the jurisdiction’s average. This property is in Police Beat 010, which had 711 reported crimes in 2023, compared to the City average rate per reporting district of 318. Therefore, this proposal is in a district with an undue concentration of crime.

ABC typically denies a license request for a location with either an undue concentration of licenses or an undue concentration of crime, unless the City Council makes a finding that the license will serve the public convenience or necessity. The applicant has the option to appeal the City’s findings to ABC. However, ABC will generally not issue a license that goes contrary to the City’s determination.

Applicant’s Justification
El Toro Loco Supermarket estimates that alcoholic beverage sales will account for only a small portion (less than five percent) of the overall sales revenues at the store. The applicant has indicated that they understand and take seriously the responsibility that comes with selling alcoholic beverages regarding the maintenance of a safe environment for customers, employees and the surrounding community. Toward this end, each cashier will be properly trained in responsible alcoholic beverage sales practices. In addition, the applicant has committed that the store will not sell “single-serve containers” of beer, 3 instead offering packages with a minimum of three containers, as well as six packs, 12 - packs, etc.

Additionally, El Toro Loco Supermarket employees are required to complete an Employee Alcohol Training upon hire. The training program focuses on cashier responsibilities in preventing underage sales, methods for verifying identification, refusing a sale, documentation and record keeping, and cashier liability in upholding alcoholic beverage sales law.

With this understanding, and with the five percent maximum floor area limitation dedicated to beer and wine sales and display, the Planning Division and Police Department have no opposition to the El Toro Loco Supermarket’s Type 20 PCN request.

Council Policy
Previous City Council policy has been for all applications to be placed on the consent calendar with a staff recommendation that the City Council make a determination of public convenience. The City Council retains the option to remove the application from the consent calendar to consider another action or request additional information. If the City Council requests information to be prepared for consideration, the agenda item would need to be continued to a future meeting.

Alternative(s)
The City Council could determine that public convenience, or necessity is not served by this request. ABC would then not issue the new Type 20 license. However, El Toro Loco Supermarket could appeal the decision to the ABC.

Environmental Review
The project qualifies for a Class 1 Categorical Exemption (Section 15301) as the project is located within an existing structure involving negligible or no expansion of former use.

None of the exceptions to the Class 1 Categorical Exemption that are listed in Sect ion 15300.1 of the State CEQA Guidelines would apply. No further environmental review is required.

Fiscal Considerations
Approval of the ABC license would have nominal sales tax impact. The Police Department did not raise any concern regarding the potenti al for increased calls for service provided that single serving beverages are not sold at the location.

Impact to the Community
A finding of public convenience , thus allowing the issuance of the ABC license, would provide a higher degree of convenience f or residents of Santa Maria , allowing grocery shoppers to also purchase beer and wine at the El Toro Loco Supermarket.

ATTACHMENTS
Attachment A: Vicinity Map
Attachment B: Floor Plan
Attachment C: Employee Alcohol Training Document

VICINITY MAP
ATTACHMENT A¯
Sources: Esri, Airbus DS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user community, Esri Community Maps Contributors, County Of San Luis Obispo, California State Parks, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/ NASA, USGS, Bureau of Land Management, EPA, NPS, US Census Bureau,

USDA, USFWS

BLOSSER RD

MAIN ST

RUSSELL AVE
Project Site
ATTACHMENT B – FLOOR PLAN
NORTH
NTS

EL TORO LOCO SUPERMARKETS

EMPLOYEE ALCOHOL TRAINING
_______________________________________________________ At El T oro Loco Supermarkets, our goal is to keep our employees, vendors, and customers safe.

With the sale of Alcohol, we want to make sure everyone is trained on how to properly sell alcohol to our customers. We take great pride in keeping our stores as safe as possible. Here is how we can keep our stores as safe as possible by selling alcohol.

Alcohol is not like other products. Alcohol is a popular recreational product for many consumers, but it is also a drug that is associated with a host of harmful effects when used excessively or improperly. Alcohol sales must be treated differently than most other products.

Due to the high risk of abuse it is important for our employees to monitor alcohol sales closely.

You need to be aware of its impact when used improperly and be vigilant in not allowing minors or apparently intoxicated people to purchase it.

Your Liability. It is your responsibility to know the laws regulating the safe sale of alcohol.

Ignorance of the law is not a valid defense and you will be subject to legal penalties if you conduct an illegal sale. Illegal alcohol sales can result in fines, a criminal record, loss of employment, cancellation of the establishment’s liquor license, and a possible civil lawsuit.

Ultimately your employer is responsible for your actions and may impose their own penalties. ❖ Checking IDs.
➢ Checking identification is an important part of ensuring legal alcohol sales. You are required to check all IDs of all customers regardless of appearance. Do not ask the customer to give you their age verably. An ID is required for all alcohol sales.
● Acceptable forms of ID:
◆ Driver License
◆ Passport
◆ US military ID
● A Valid ID must show:
◆ Date of Birth
◆ Photo
◆ Expiration Date
● How to check ID:
◆ Ask for Identification
◆ Have customer hand you the ID
◆ Check the expiration date
◆ Check the date of birth to ensure customer is 21 years or older
◆ Verify the photo matches the customer

ATTACHMENT C
ELTOROLOCOSUPERMARKETSEMPLOYEEALCOHOLTRAINING_______________________________________________________ ❖ RefusingaSale ● Pleasekeepthefollowinginmindwhenrefusingasale:● Movetheproduct out of reach● Remainpolite, tactful andfirm. Donot arguewiththecustomer● Blamestatelawfor your refusal –youcannot legallysell tominorsor anapparentlyintoxicatedperson● Offer tosell themanon-alcoholicbeverage● Let themknowyouvaluethemasacustomer but youmust followstatelaw● Obtainassistancefromyour supervisor if thepersonbecomesargumentativeor belligerent● Call thepoliceif necessary● Youcannot physicallyrestrainacustomer or takepossessionoftheir car keysor vehicle● Anintoxicatedcustomer canremainat your businessif theydonothavealcohol. Makesuretheydonot askanother customer tobuythemalcohol ❖ Documentation/ RecordKeeping● Your logbookisanimportant tool for recordingalcohol-relatedincidents. It provideswrittendocumentation, takingthepressureoff youtoremember thedetailsof anincident longafter thefact. Italsoprovidesyour supervisor witharecordof incidentsoccurringat your business. Westronglyrecommendthat youusethefollowingguidelinestoestablishyour record-keeping:● Aboundnotebookshouldbeusedfor all record-keepingsoanypagestornout arenoticeable● Useaninkpennot apencil● Completethelogbookeveryday. If therewerenoincidents,indicatethisinyour notes● If alineisleft empty, crossit out toprevent anythingfrombeingaddedlater● Recordthefactseachday; time, date, place, andadescriptionofthealcohol-relatedincident andthepeopleinvolved. If youdonothavenames, describetheperson(s) involved● Indicatewhether thepolicewerecalledandrecordtheir action(s) RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MARIA, CALIFORNIA, APPROVING A DETERMINATION OF PUBLIC
CONVENIENCE FOR THE ISSUANCE OF A TYPE 20 (OFF-SALE

BEER AND WINE) ALCOHOLIC BEVERAGE CONTROL LICENSE FOR

EL TORO LOCO SUPERMARKET LOCATED AT
204 NORTH BLOSSER ROAD, SUITE B

WHEREAS, the applicant, Mr. Hussein, on behalf of El Toro Loco Supermarket , has applied to the Department of Alcoholic Beverage Control (ABC) for a Type 2 0 ABC license to sell beer and wine for off site consumption at 204 North Blosser Road, Suite B; and
WHEREAS, the Department of A BC requires an ABC Type 20 (Off-Sale Beer & Wine) alcoholic beverage license for the supermarket; and WHEREAS, the site is located in Census Tract No. 23.04, and the Department of ABC has determined that the six existing off-sale alcohol beverage li censes in Census Tract No. 23.04 exceeds the maximum of three licenses allowed by State law; therefore, the Tract does have an “undue concentration” of licenses; and WHEREAS, the site is located within City of Santa Maria Crime Reporting District Beat 010 with an above-average number of reported crimes and is therefore designated an area with an “undue concentration” of crime; and
WHEREAS, in accordance with Section 23958.4(b)(2) o f the California Business and Professions Code, the City Council may make a determination for public convenience or necessity when an “undue concentration” of licenses and an “undue concentration” of crime exists, that will then allow the Department of Alcoholic Beverage Control to issue the requested Type 20 ABC license; and
WHEREAS, the applicant has committed to the following provisions regarding the sales of beer and wine at this location while operating under the Type 20 license:
 Beer will only be sold in packages with quantities of three or more containers (no single container beer sales);
 The floor area dedicated to beer and wine sales, display and storage shall not exceed five percent of the gross floor area of the tenant space; and  All cashiers shall be trained in proper alcohol beverage sales procedures; and WHEREAS, this is a Class 1 categorical exemption based on Section 15301 of the California Environmental Qualit y Act of 1970 (CEQA), Public Resources Code Section 21000 et. seq., as amended.

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

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

Section 2. The proposed Type 20 ABC license would introduce a new Type 20 ABC license at the location; therefore, the proposed license would result in an increase in the existing number of licenses within Census Tract No. 23.04.

Section 3. The Crime Reporting District Beat 010 is experiencing an above average number of reported crimes and is therefore designated an area with an “undue concentration” of crime ; however, the Police Department has no opposition for a Type 2 0 license at this location.

Section 4. The City Council finds that the issuance of the Type 2 0 ABC license will serve the public convenience without any
expectation of negative impacts due to:
a. The undue concentration of licenses in Census Tract No.

23.04 reflects the large area of the tract, with a retail dominant pattern of land uses along the major streets;
and
b. That while Crime Reporting District Beat 010 is
experiencing an above -average number of reported
crimes and is therefore designated an area with an
“undue concentration” of crime, the Police Department
has determined that with the provisions regarding the sales of beer and wine at this location which the applicant has committed to follow, including that b eer will only be sold in packages with quantities of three or more
containers (no single container beer sales) , the Police Department does not oppose the granting of the Type 20
license.

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

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

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

FOR THE COUNCIL MEETING OF NOVEMBER 19, 2024

COUNCIL AGENDA REPORT

TO: City Council

FROM: Acting City Manager Chuen Wu

BY: Chief of Police Marc Schneider

SUBJECT: Adoption of a Resolution Approving Amendments to Agreements with Santa Maria Joint Unified High School District for Law Enforcement Services

Description:

The City Council will c onsider authorizing the City of Santa Maria to amend current agreements for Law Enforcement services between the Santa Maria Police Department and Santa Maria Joint Unified High School District.

RECOMMENDATION:

BACKGROUND:

The Santa Maria Police Department (SMPD) has provided S chool Resource Officers to school districts since 1997 when the first Challenge Grant was implemented to address truancy and juvenile offenders. Since that time School Resource Officers have been deployed to school districts on a regular basis. Starting wi th agreements for services in 2014, funding has been provided by the districts to recover the full cost of law enforcement services, including City and Police administrative costs. Due to the Covid -19 pandemic and the ensuing staffing crisis, SMPD was forc ed to place these services on hold in December of 2021, as the staff was needed to support operations in other areas. The department continued to work with the districts to provide supplemental law enforcement services on an as-needed basis for extracurricular activities if staffing was available.

SMPD was able to re -establish the program and contracted last year with Santa Maria Joint Unified High School District (SMJUHSD) and committed to providing two High School Resource Officers due to vigorous recr uitment and retention efforts. Additional School Resource Officers may be added at the request of the district and availability of staffing within SMPD.

2 DISCUSSION:

Since the current agreements were executed, the City has amended its billing rates. The current agreements’ terms automatically impose updating billing rates when published by Finance; however, this amended billing rate is the first update since February 2021, resulting in a significant increase of 80.3%. The school district has indicated it is unable to absorb an increase of that magnitude in its current budget. Recognizing the importance of this program, while being mindful of budget limitations, the SMPD would like to amend the agreements to allow use of the grant billing rate rather th an the outside billing rate.

The proposed rate would increase the current billing rates by 28.3% but would not recover the City of Santa Maria’s full cost of providing the service.

SMPD believes there is value in subsidizing SMJUHSD for these services. This amended agreement will benefit the community by allowing the City to continue to provide School Resource Officers on campuses and provide additional law enforcement services to the district that will meet the needs of both parties. SMPD and the district realizes the mutual benefit of these services and the importance of providing and maintaining a safe campus environment free from drugs, alcohol, violence, gang activity, truancy, and trespassing by non-students.

Alternative(s)
The alternative would be to not amend the agreements with the school district to provide law enforcement services, resulting in the possible reduction or elimination of the School Resource Officer program at this time due to budgetary constraints. This would result in an unanticipated loss of projected revenue to the City of up to $354,787.

If the agreements are not amended, the SMPD is still obligated to respond to calls for service at the district campuses, however, the City will not be reimbursed for those services.

Fiscal Considerations
The proposed terms of the amended agreements will reimburse the City for the services provided using the current grant billing rates provided by the Finance Department rather than the current outside billing rates. The estimated difference between the grant billing rate and outside rate for the 2024 -25 school year is $143,770. The grant billing rate s cover the full cost of the law enforcement personnel services and the Police Department’s administrative costs, but only some of the City’s overhead costs. The City’s total overhead costs are included in the outside billing rate.

The service expectations and formula costs will be reviewed annually by the Chief of Police and the respective school boards, with recommended adjustments submitted to each respective governing board for approval.

The cost for City -provided services is based on the minimum service levels desired by the district. Additionally, the SMJUHSD also agrees to pay overtime costs associated with events outside the scope of the regular school day.

3 Impact to the Community
In addition to maintaining effective emergency response to the schools, the SMPD views the agreements as a valuable opportunity to continue to provide increased services to the school district. The district w ill benefit from an established police presence resulting in shorter response times, as well as the partnership established by the agreements.

Other Agency Review
Upon the Mayor’s execution of the SMJUHSD amendment on behalf of the City of Santa Maria, the amendment will be presented to the SMJUHSD School Board for approval and will become retroactively effective for the school year of 2024-2025.

ATTACHMENTS

Attachment A: SMJUHSD Law Enforcement Services Agreement 2023-27 Attachment B: SMJUHSD Supplemental Law Enforcement Services Agreement 2023-27 Attachment C: SMJUHSD Amendment No. 1

SCHOOL DISTRICT SUPPLEMENTAL

LAW ENFORCEMENT SERVICES AGREEMENT

BY AND BETWEEN
THE CITY OF SAI\TA MARIA
AND

SANTA MARIA JOINT UNION HIGH SCHOOL DISTRICT

TABLE OF'CONTENTS

PARAGRAPH TITLE
RECITALS.

1.0 SCOPE OF SERVICES..........

2.0 ADMINISTRATIONOF'PERSONNEL...................

3.0 RESERVED

4.0 PERF'ORMANCE OF AGREEMENT...................

5.0 INDEMNIFICATION......

6.0 TERM OF AGREEMENT

7.0 RESERVED

8.0 BILLING RATES........

9.0 PAYMENT PROCEDURES.................
1O.O AMENDMENTS...........
ll.0 ASSIGNMENT, DELEGATION, AND SUBCONTRACTING...................

I2.O AUTHORIZATIONWARRANTY

13.0 GOVERNING LAW, JURISDICTION' AND VENUE

14.0 NOTICES...

15.0 VALIDITY.

16.0 WAMR....

17.O ENTIRE AGREBMENT..............

SIGNATURES.............

PAGE
2 )
4 5
5 6
6 7
7 8
8 9
9 9
9 10
10 10
ll
Attachment B

SCHOOL DISTRICT SUPPLEMENTAL

LAW ENFORCEMENT SERVICES AGREEMENT

BY AND BETWEEN
THE CITY OF SAI\TA MARIA
AND

SANTA MARIA JOINT UNION HIGH SCHOOL DISTRICT
This School District Supplemental Law Enforcement Services Agreement, hereinafter referred to as "Agreement," is entered into this day of August 2023,by and between the CITY OF SANTA MARIA, hereinafter referred to as "City," and the Santa Maria Joint Union High School District, hereinafter referred to as "District."

RECITALS
(a) Whereas, the District is desirous of contracting with the City for the performance of supplemental law enforcement services by the Santa Maria Police Department, hereinafter referred to as "Police Department," to assist in providing safety, security, and order on or near school sites at regular or extracurricular school functions commensurate with the substantial problems and unusual needs presented by each function, including inter-scholastic athletic events, dances, and other school activities; and (b) Whereas, for the purpose of preserving public safety, the City is agreeable to rendering such services to the District, when staff is available at the City's discretion, in excess of the basic level of services customarily provided by the Police Department, if any, on the terms and conditions set forth in this Agreement; and
(c) Whereas, this Agreement is authorized by the California Government Code section 53060, and California Education Code section 35160.

NOW THEREFORE, in consideration of the mutual covenants contained herein, and for good and valuable consideration, the parties hereby agree as follows:

SCOPE OF SERVICES

1.1 The City agrees, through the Police Department of the City of Santa Maria, to provide supplemental law enforcement services to the District during regular and extracurricular school functions on or near District school sites on a per event basis, when, in the sole discretion of the Chief of Police, it is beneficial to the City

1.0 2

2.0 to do so and will not interfere with City's staffing needs.

1.2 Except as otherwise specifically set forth in this Agreement, such supplemental law enforcement services shall only encompass duties and functions of the type coming within the jurisdiction of and customarily rendered by the Police Department of the City of Santa Maria.

ADMINISTRATION OF PERSONNEL

2.1 The rendition of the services performed by the Police Department, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed shall remain with the City.

2.2 In the event of a dispute between the parties to this Agreement as to the extent of the duties and functions to be rendered hereunder, or the minimum level or manner of performance of such service, the District shall be consulted and a mutual determination thereof shall be made by both the Police Department and the District.

2.3 With regard to sections 2.1 and 2.2 above, the Chief of Police, in an unresolved dispute, shall have final and conclusive determination as between the parties hereto.

2.4 Notwithstanding any other provision of this Agreement, the Chief of Police may, at any time, cancel the provision of supplemental law enforcement services for any school function if the Chief of Police concludes that the Department has insufficient available personnel to perform both the supplemental law enforcement services requested by the District and the Department's other duties as required by law. In such cases, the Department shall provide notice to the District as soon as reasonably practical.

2.5 All District employees who work in conjunction with the Police Department pursuant to this Agreement shall remain employees of the District and shall not have any claim or right to employment, civil service protection, salary, or benefits or claims of any kind from the City based on this Agreement. No District a
J
employees shall become employees of the City as a result of the performance of this Agreement.

2.6 For the purpose of performing services and functions pursuant to this Agreement and only for the purpose of giving official status to the performance thereof, every City officer and/or employee engaged in performing any such service and function shall be deemed to be an officer or employee of the District while performing such service for the District, as long as the service is within the scope of this Agreement and is a District function.

2.7 The District shall not be called upon to assume any liability for the direct payment of any Police Department salaries, wages, or other compensation to any City personnel performing services hereunder for said District. Except as herein otherwise specified, the District shall not be liable for compensation or indemnity to any City employee or agent of the City for injury or sickness arising out of his/her employment as a contract employee of the District.

3.0 RESERVED

4.0 PERFORMAI\CE OF AGREEMENT

4.1 For the purpose of performing the requested supplemental law enforcement services, City shall furnish and supply all labor, supervision, equipment, communication facilities, and supplies necessary to maintain the agreed level of service to be rendered hereunder.

4.2 Notwithstanding the foregoing, the District may provide additional resources for the City to utilize in performance of the services.

4.3 When and if both parties to this Agreement mutually as to the necessity of maintaining a Police Department substation within the District or at District schools which would not normally be provided by the Police Department, the District shall fumish at its own cost and expense all necessary office space, furniture and furnishings, office supplies, janitor serviceo telephone, electricity, water, and other utilities.

4.4 It is expressly further understood that in the event a local office or building is maintained in said District, such local office or building may be used by the 4 5.0

6.0 7.0

8.0 9.0
Police Department in connection with the performance of its duties in tenitory outside of the District, provided, however, that the performance of such outside duties shall not be at any additional cost to the District.

4.5 It is mutually agreed that in all instances where special supplies, stationery, notices, forms, and the like must be issued in the name of said District, the same shall be supplied by the District at its own cost and expense.

INDEMNIFICATION

5.1 The District shall indemnify, defend, and hold harmless the City, elected and appointed officers, employees, and agents from and against any and all liability, including but not limited to demands, claims, actionso fees, costs, and expenses (including attorney and expert witness fees), arising from or connected with the District's acts and/or omissions arising from and/or relating to this Agreement.

TERM OF AGREEMENT
The term of this Agreement shall commence upon execution by the Chief of Police and shall terminate June 30,2027 , unless sooner terminated or extended in whole or in part as provided for herein.

RESERVED

BILLING RATES

8.1 For and in consideration of the rendition of the supplemental law enforcement services to be performed by the City for the District under this Agreement, the District shall pay the City for said services provided by City under the terms of this Agreement at the then current, appropriate, and prevailing overtime hourly billing rates established by the City of Santa Maria, as they may be amended from time to time. Rates as of the date of this Agreement are listed in Exhibit A.

PAYMENT PROCEDURES

9.1 The City, through the Police Department, shall render to the District within thirty (30) calendar days after the close of each calendar quarter a summarized invoice which covers all services performed during said quarter, and the District shall pay City for all undisputed amounts within thirty (30) calendar days after date of said invoice.
5 9.2 If such payment is not delivered to the City, through the Police Department, which is described on said invoice, within thirty (30) calendar days after the date of the invoice, the City is entitled to recover interest thereon.

9.3 In the event of any disputed amounts, the District shall provide the City with written notice of the dispute including the invoice date, amount, and reasons for dispute within ten (10) calendar days after receipt of the invoice. The parties shall memorialize the resolution of the dispute in writing. For any disputed amounts, interest shall accrue if payment is not received within thifty (30) calendar days after the dispute resolution is memorialized.

9.4 Said interest shall be at a rate of ten percent (10%) per annum or any portion thereof, calculated from the date payment was due pursuant to Section 9.2 and Section 9.3 above.

9.5 Notwithstanding the provisions of California Govemment Code section 907, if payment is not delivered to the City, through the Police Department, which is described on said invoice within thirty (30) calendar days after date of the invoice or the date of memorialized resolution, then the City may satisff such indebtedness, including interest thereon, from any funds of the District on deposit with the City without giving further notice to the District of the City's intention to do so.
1O.O AMENDMENTS
All changes, modifications, or amendments to this Agreement must be in the form of a written Amendment duly executed by authorized personnel of the City of Santa Maria City Council and the District. Notwithstanding, the Chief of Police or his designee shall be authorized to execute, on behalf of the City, those Amendments and/or supplemental agreements referenced in Section 9.3 of this Agreement.

11.0 ASSIGNMENT, DELEGATTON, AND SUBCONTRACTING
A party shall not assign its rights and/or subcontract, or otherwise delegate, its duties under this Agreement, either in whole or in part, without the prior written consent of the other party, and any attempted assignment or delegation without such consent shall be null and void.
6 I2.O AUTHORIZATIONWARRANTY
The District represents and warrants that the person executing this Agreement for the District is an authorized agent who has actual authority to bind the District to each and every term, condition, and obligation of this Agreement and that all requirements of the District have been fulfilled to provide such actual authority.

13.0 GOYERNING LAW, JURTSDTCTION, Al{D VENUE
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. The parties agree and consent to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this Agreement and further agree and consent that venue ofany action brought hereunder shall be exclusively in the County of Santa Barbara.

14.0 NOTICES
Unless otherwise specified herein, all notices or demands required or permitted to be given or made under this Agreement shall be in writing and shall be hand delivered with signed receipt or mailed by first class registered or certified mail, postage prepaid, addressed to the parties at the following addresses and to the attention of the person named. Addresses and persons to be notified may be changed by either party by giving ten (10) calendar days prior written notice thereof to the other party.

Notices to the City shall be addressed as follows
City of Santa Maria Police Department
Attn: Business Services Manager
1111 W. Betteravia St.

Santa Maria,CA93455
Notices to the District shall be addressed as follows:

Santa Maria Joint Union High School District
Attn: Antonio Garcia, Superintendent
2560 Skyway Drive
Santa Maria,CA 93455
7 15.0 VALIDITY
If any provision of this Agreement or the application thereof to any person or circumstance is held invalid, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby.

16.0 WAIVER
No waiver by the parties of any breach of any provision of this Agreement shall constitute a waiver of any other breach or of such provision. Failure of the parties to enforce at any time, or from time to time, any provision of this Agreement shall not be construed as a waiver thereof.

I7.O ENTIRE AGREEMENT
This Agreement, including Exhibit A, and any executed Amendments hereto or thereto, constitute the complete and exclusive statement of understanding of the parties which supersedes all previous agreements, written or oral, and all communications between the parties relating to the subject matter of this Agreement. No change to this Agreement shall be valid unless prepared pursuant to Section 10.0, Amendments, of this Agreement and signed by both parties.
lN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.

SANTA MARIAJOINT UNION HIGH W

CITY OF SANTA MARIA
By

APPROVED AS TO FORM
City Attorney's Officesk Manager
8 EXHIBIT A

SCHOOL DISTRICT STJPPLEMENTAL LAW ENFORCEMENT SERVICES AGREEMENT BY AI\D BETWEEN
TIIE CITY OF SAIITAMARIAAI\D
SAIITA MARIA JOINT T]NION HIGH SCHOOL DISTRICT
Approved I
ilr- lo. q.f) rB L3
t",tf chier Date ent Date
Total Unit CostHourlv OT Rate Total Hours RequiredSeruice Units 127.60$ N/APolice Offcer
(l6n nnn nnTotal Estimated Cost (not to exceed)

ARGES FOR SUPPLEMENT
2023-24 SCHOOL YEAR

OVERTIME C AL SERVICES
9 SCHOOL DISTRICT

LAW ENFORCEMENT SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF SANTA MARIA
AND

SANTA MARIA JOINT UNION HIGH SCHOOL DISTRICT

PARAGRAPH
RECITALS.

TABLE OF CONTENTS
TITLE

1.0 SCOPEOFSERVICES.............
2,0 ADMINISTRATIONOFPERSONNEL...................

3.0 DEPLOYMENTOFPERSONNEL...,.........,,,,.,

4.0 PERF'ORMANCE OF'

5.0 INDEMNIFICATION......

6.0 TERMOFAGREEMENT..............

7.0 RIGHT OF TERMINATION.........

8.0 BILLING RATES........

9.0 PAYMENT PROCEDUR8S.................
1O.O AMENDMENTS...........

I1.O ASSIGNMENT,DELEGATION,ANDSUBCONTRACTING

12.0 AUTHORIZATIONWARRANTY...................

13.0 GOVERNING LAW, JURISDICTION, AND VENUE

14.0 NOTICES...

15.0 VALIDITY.

16.0 WAMR....
17,O ENTIREAGREEMENT..............

SrGNATURES.............

RECEIVED
AU6 0 3 Zozs
Asst, Supt. Business
PAGE
2 2
3 4
4 5
5 5
6 6
7 7
7 8
8 8
9 9
10 Attachment A

SCHOOL DISTRICT

LAW ENFORCEMENT SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF SANTA MARIA
ANI)

SANTA MARIA JOINT UNION HIGH SCHOOL DISTRICT
This School District Law Enforcement Services Agreement, hereinafter referred to as "Agreement," is entered into this _day of August, 2023, by and between the City of Santa Maria, hereinafter referred to as "City," and the Santa Maria Joint Union High School District, hereinafter referred to as "District."

RECITALS
(a) Whereas, the Santa Maria Police Department, hereinafter referred to as "Police Department," operates a School Resource Officer Program which provides law enforcement services to school districts within the City of Santa Maria; and (b) Whereas, the District is desirous of contracting with the City for the performance of law enforcement services by the Police Department as described herein; and (c) Whereas, the City is agreeable to rendering such services on the terms and conditions set forth in this Agreement; and
(d) Whereas, this Agreement is authorized by the California Government Code Section 53060, and California Education Code Section 35160.

NOW THEREFORE, in consideration of the mutual covenants contained herein, and for good and valuable consideration, the parties hereby agree as follows:

1.0 SCOPE OF SERVICES

1.1 The City agrees, through the Police Department of the City of Santa Maria, to provide law enforcement services for the District to the extent and in the manner set forth in this Agreement.

1.2 Except as otherwise specifically set forth in this Agreement, law enforcement services shall encompass duties and functions of the type coming within the jurisdiction of and customarily rendered by the Police Department of the City of Santa Maria.
2 2.0 ADMINISTRATION OF PERSONNEL

2.3 With regard to sections 2.I and 2.2 above, the Chief of Police, in an unresolved dispute, shall have final and conclusive determination as between the parties hereto.

2.4 All District employees who work in conjunction with the Police Department pursuant to this Agreement shall remain employees of the District and shall not have any claim or right to employment, civil service protection, salary, or benefits or claims of any kind from the City based on this Agreement. No District employees shall become employees of the City as a result of the performance of this Agreement.

2.5 For the purpose of performing services and functions pursuant to this Agreement and only for the purpose of giving official status to the performance thereof, every City officer and/or employee engaged in performing any such service and function shall be deemed to be an officer or employee of the District while performing such service for the District, as long as the service is within the scope of this Agreement and is a District function.

2.6 The District shall not be called upon to assume any liability for the direct payment of any Police Department salaries, wages, or other compensation to any City personnel performing services hereunder for said District. Except as herein otherwise specified, the District shall not be liable for compensation or indemnity a
J

3.0 4.0

2.7 to any City employee or agent of the City for injury or sickness arising out of his/her performance of services under this Agreement.

Notwithstanding any other provision of this Agreement, the Chief of Police may, at any time, cancel the provision of supplemental law enforcement services if the Chief of Police concludes that the Department has insufficient available personnel to perform both the supplemental law enforcement services requested by the District and the Department's other duties as required by law. In such cases, the Department shall provide notice to the District as soon as reasonably practiial.

DEPLOYMENT OF PERSONNEL
As requested by the District, law enforcement services under this Agreement may be performed by dedicated police personnel and/or dedicated supervisory personnel.

PERFORMAI{CE OF AGREEMENT

4.1 For the purpose of performing law enforcement services, City shall furnish and supply all necessary labor, supervision, equipment, communication facilities, and supplies necessary to maintain the agreed level of service to be rendered hereunder.

4.2 Notwithstanding the foregoing, the District may provide additional resources for the City to utilize in performance of the services.

4.3 When and if both parties to this Agreement mutually agree as to the necessity of maintaining a Police Department substation within the District or at Dishict schools which would not normally be provided by the Police Department, the District shall furnish at its own cost and expense all necessary office space, furniture and furnishings, office supplies, janitor service, telephone, electricity, water, and other utilities.

4.4 It is expressly further understood that in the event a local office or building is maintained in said District, such local office or building may be used by the Police Department in connection with the performance of its duties in tenitory outside of the District, provided, however, that the performance of such outside duties shall not be at any additional cost to the District. 4 5.0

6.0 7.0

8.0 4.5 It is mutually agreed that in all instances where special supplies, stationery, notices, forms, and the like must be issued in the name of said District, the same shall be supplied by the District at its own cost and expense.

INDEMNIFICATION

5.1 The District shall indemnify, defend, and hold harmless the City, elected and appointed officers, employees, and agents from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from or connected with the District's acts and/or omissions arising from and/or relating to this Agreement.

TERM OF AGREEMENT
The term of this Agreement shall commence upon execution by the Chief of Police and shall terminate June 30,2027, unless sooner terminated or extended in whole or in part as provided for herein.

RIGHT OF TERMINATION

7.1 Either party may terminate this Agreement as of the first day of July of any year upon notice in writing to the other party of not less than sixty (60) calendar days prior thereto.

7.2 This Agreement may be terminated at anytime, with or without cause, by either party upon written notice given to the other party at least sixty (60) calendar days before the date specified for such termination.
7 .3 In the event of a termination, each party shall fully discharge all obligations owed to the other party accruing prior to the date of such termination, and each party shall be released from all obligations, which would otherwise accrue subsequent to the date of termination.

BILLING RATES

8.1 For and in consideration of the rendition of the law enforcement services to be performed by the City for the District under this Agreement, the District shall pay the City for said services provided by City under the terms of this Agreement at )

9.0 the then current, appropriate, and prevailing billing rates as established by the City of Santa Maria, as may be amended from time to time. Billing rates at the time of this Agreement are attached as Exhibit A

PAYMENT PROCEDURES

9.1 The City, through the Police Department, shall render to the District within thirty (30) calendar days after the close of each calendar quarter a summarized invoice which covers all services performed during said quarter, or such time periods as otherwise agreed to between the parties in writing. The District shall pay City for all undisputed amounts within sixty (60) calendar days after date of said invoice.

9.2 If such payment is not delivered to the City office, which is described on said invoice, within sixty (60) calendar days after the date of the invoice, the City is entitled to recover interest thereon.

9.3 In the event of any disputed amounts, the District shall provide the City with written notice of the dispute including the invoice dateo amount, and reasons for dispute within ten (10) calendar days after receipt of the invoice. The parties shall memorialize the resolution of the dispute in writing. For any disputed amounts, interest shall accrue if payment is not received within sixty (60) calendar days after the dispute resolution is memorialized.

9.4 Said interest shall be at a rate of ten percent (10%) per annum or any portion thereof, calculated from the date payment was due pursuant to Section 9.2 and Section 9.3 above.

9.5 Notwithstanding the provisions of Califomia Government Code section 907, if payment is not delivered to the City office which is described on said invoice within sixty (60) calendar days after date of the invoice or the date of memorialized resolution, then the City may satisfy such indebtednesso including interest thereono from any funds of the District on deposit with the City without giving further notice to the District of the City's intention to do so. 6 1O.O AMENDMENTS
All changes, modifications, or amendments to this Agreement must be in the form of a written Amendment duly executed by authorized personnel of the City of Santa Maria City Council and the District. Notwithstanding, the Chief of Police or his designee shall be authorized to execute, on behalf of the City, those Amendments and/or supplemental agreements referenced in Sections, 8.2, and 9.3 of this Agreement.

11.0 ASSIGNMENT, DELEGATION, AND SUBCONTRACTING
A party shall not assign its rights and/or subcontract, or otherwise delegate, its duties under this Agreement, either in whole or in part, without the prior written consent of the other party, and any attempted assignment or delegation without such consent shall be null and void.

I2,O AUTHORIZATIONWARRANTY
The District represents and warrants that the person executing this Agreement for the District is an authorized agent who has actual authority to bind the District to each and every term, condition, and obligation of this Agreement and that all requirements of the District have been fulfilled to provide such actual authority.

13.0 GOYERNING LAW, JURISDICTION, AI\D VENUE
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. The parties agree and consent to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this Agreement and fuither agree and consent that venue ofany action brought hereunder shall be exclusively in the County of Santa Barbara.

14.0 NOTTCES
Unless otherwise specified herein, all notices or demands required or permitted to be given or made under this Agreement shall be in writing and shall be hand delivered with signed receipt or mailed by first class registered or certified mail, postage prepaid, addressed to the parties at the following addresses and to the attention of the person 7 named. Addresses and persons to be notified may be changed by either party by giving ten (10) calendar days prior written notice thereof to the other party.

Notices to the City shall be addressed as follows:

City of Santa Maria Police Department
Attn: Business Services Manager
111I W. Betteravia
Santa Maria,CA93455
Notices to the District shall be addressed as follows:

Santa Maria Joint Union High School District
Attn: Antonio Garcia, Superintendent
2560 Skyway Drive
Santa Maria,CA 93455

15.0 VALIDITY
If any provision of this Agreement or the application thereof to any person or circumstance is held invalid, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby.

I7.O ENTIRE AGREEMENT
This Agreement, and any executed Amendments hereto or thereto, constitute the complete and exclusive statement of understanding of the parties which supersedes all previous agreements, written or oral, and all communications between the parties relating to the subject matter of this Agreement. No change to this Agreement shall be valid unless prepared pursuant to Section 10.0, Amendments, of this Agreement and signed by both parties.
8 SCHOOL DISTRICT LAW ENFORCEMENT SERVICES AGREEMENT

BY AND BETWEEN

CITY OF SANTA MARIA
AI\D

SANTA MARIA JOINT UNION HIGH SCHOOL DISTRICT
IN WITNESS WHEREOF, the City of Santa Maria City Council has caused this Agreement to be executed on its behalf by the Chief of Police of the City of Santa Maria and the District has caused this Agreement to be executed on its behalf by its duly authorized offlrcer, on the dates written below.

Date: August 18 ,zozz
DISTRICT:

SANT JOINT LINION HIGH SCHOOL DISTRICT
By
Antonio Superintendent
Dated: Aug _,2023
A
lo t0
City Clerk
Approved as to content:
(,
to
\A-,
Fotic{ Chief
9 EXHIBIT A

SCHOOL DISTRICT I,AW ENF'ORCEMENT SERVICES AGREEMENT

BY AND BETWEEN
TIIE CITY OF SAI{TA MARIA AND
SAIITA MARIA JOINT I.]NION IIIGH SCHOOL DISTRICT
TotalUnitGostService Units Hourlv OT Rate Total Hourc Required Police Officer 96.02$ N/A
s?7A 537 AOTotal Estimated Gost (not to exceed)

CHARGES FOR SERVICES
2023-24 SCHOOL YEAR
Approved A t
\4lL- to'H.'t-g t
Police 0niet Date Superintendent Date
10 Attachment C
AMENDMENT NO. 1

LAW ENFORCEMENT SERVICES AGREEMENT BY AND BETWEEN THE CITY OF

SANTA MARIA AND

SANTA MARIA JOINT UNION HIGH SCHOOL DISTRICT

This Amendment No. 1 to the Law Enforcement Services Agreement s (“Agreements”), by and between the City of Santa Maria (“City”), and the Santa Maria Joint Union High School District (“District”), dated August 18, 2023, is hereby entered into as of November 19, 2024, based upon the following recitals:

WHEREAS, the Santa Maria Police Department operates a School Resou rce Officer Program which provides law enforcement services to school districts within the City of Santa Maria; and

WHEREAS, the City and the District entered into Agreement s dated August 18, 2023, for a four-year term in which the City provided said law enforcement services to the District; and

WHEREAS, these Agreements are authorized by the California Government Code Section 53060, and California Education Code Section 35160; and

WHEREAS, the Parties wish to continue the term of the Agreements; and

WHEREAS, the Chief of Police of the City (or his/her designee) is authorized to amend the Agreements upon the original terms pursuant to City of Santa Maria City Council Resolution No. 2023-112, passed and adopted on August 1, 2023.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, that the City Council authorizes the following:

1. Billing Rates. For and in consideration of the rendition of the law enforcement services to be performed by the City for the District under th ese Agreements, the District shall pay the City for sa id services provided by City under the terms of these Agreements at the then current billing rate which recovers the department’ s cost of law enforcement and administrative services, and some of the City’s overhead costs, as may be amended from time to time. Billing rates at the time of this Amendment are attached as Exhibit A and are retroactively effective for the school year of 2024-25.

2. No Other Changes. Except as specifically amended here in, all other terms and conditions of the Agreements remain in full force and effect.

IN WITNESS WHEREOF, this Amendment No. 1 to the A greements is executed by the parties on the date first written above.

Attachment C
Dated: November ____, 2024

CITY OF SANTA MARIA

By: _____________________
Chief of Police

Approved as to form:

_________________
City Attorney

Date: November __, 2024

SANTA MARIA JOINT UNION HIGH SCHOOL DISTRICT

By: _____________________________
Superintendent

Service Units Hourly Rate
Total Hours
Required* Total Unit Cost
Police Officer 123.19$ 1440 177,393.60$
Police Officer 123.19$ 1440 177,393.60$
Total Estimated Cost 354,787.20$
Service Units Hourly OT Rate Total Hours Required Total Unit Cost Police Officer 147.83$
Police Sergeant 261.01$
Total Estimated Cost -$
* Hours required based upon 2024/25 SMJUHSD School Year Calendar Approved:

Chief of Police Date
Superintendent Date

OVERTIME CHARGES FOR SUPPLEMENTAL SERVICES
2024-25 SCHOOL YEAR

HOURS OF SERVICE & CHARGES
2024-25 SCHOOL YEAR

SCHOOL DISTRICT SUPPLEMENTAL LAW ENFORCEMENT SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF SANTA MARIA AND

SANTA MARIA JOINT UNION HIGH SCHOOL DISTRICT
AMENDMENT NO. 1

EXHIBIT A
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MARIA, CALIFORNIA, APPROVING A BILLING RATE

AMENDMENT TO CURRENT AGREEMENTS FOR LAW

ENFORCEMENT SERVICES BETWEEN THE SANTA MARIA

POLICE DEPARTMENT AND THE SANTA MARIA JOINT

UNIFIED HIGH SCHOOL DISTRICT

WHEREAS, the City has been providing law enforcement services for the Santa Maria Joint Unified High School District (SMJUHSD) since 1997, and both the City and the SMJUHSD desire to continue this partnership as it relates to law enforcement services, and have agreed in principle as to the cost for services and the scope of work ; and

WHEREAS, both the City and SMJUHSD desire to amend the Agreements upon the original terms pursuant to City of Santa Maria City Council Resolution No. 2023-112, passed and adopted on August 1, 2023.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, that the City Council authorizes the following:

1. The City Manager o r designee is hereby authorized and directed to execute the amendment on behalf of the City and to take all steps necessary to implement and sustain the program.

2. The City Council of the City of Santa Maria hereby authorizes and directs the Chief of Police, or his designee, to enter into extensions and execute amendments consistent with the terms of th e amended Agreements, in order to comply with billing rates set forth by the City of Santa Maria.

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

///

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

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

FOR THE COUNCIL MEETING OF NOVEMBER 19, 2024

COUNCIL AGENDA REPORT

TO: City Council

FROM: Acting City Manager Chuen Wu

BY: Director of Public Works Brett Fulgoni

SUBJECT: Adoption of a Resolution Accepting a Regional Early Action Planning Grant

Description:

The City Council will consider accepting a Regional Early Action Planning 2.0 grant for infrastructure improvements and pedestrian enhancements to stimulate redevelopment in the City’s downtown core, including the future construction of af fordable housing and mixed-use retail commercial developments. The improvements will facilitate in -fill development which will enhance the housing supply, choice , and affordability in the downtown area.

RECOMMENDATION:

BACKGROUND:

The Regional Early Action Planning (REAP) 2.0 grant program is administered by the California Department of Housing and Community Development in collaboration with the Governor’s Office of Planning and Research, the Strategic Growth Council, and the California Air Resources Board.

Santa Barbara County Association of Governments ( SBCAG) was apportioned $4,946,325 for projects within Santa Barbara County. The City of Santa Maria was awarded a program grant in the amount of $2,482,958.44 to increase sewer capacity and construct multim odal improvements in the downtown area to facilitate high -density affordable and mixed-use residential developments. These improvements are necessary for the envisioned revitalization of the downtown area to be successful.

2 DISCUSSION:

The scope of wor k to be funded by the REAP 2.0 grant shall consist of the following infrastructure improvements : a new sewer line with increased capacity along W est Church Street ; improved public transit, including a new bus rapid transit station on Broadway (SR 135); improved bicycle facilities; enhanced pedestrian facilities, including upgraded sidewalks, and accessibility improvements.

Alternative(s)
City Council may choose to not accept the grant funds. This alternative is not recommended as the denial will significantly delay or prohibit the development projects that are planned for the Downtown core.

Fiscal Considerations
Adoption of the proposed Resolution providing authorization to receive REAP 2.0 grant program funds will not have a direct financial impact on the General Fund.

Funding for the REAP 2.0 project scope of work will be funded in majority with REAP 2.0 grant funds. In addition, American Rescue Plan Act of 2021 funding will also be utilized as a local match to ensure completion of the projec t. If necessary, local gas tax or Measure A funds may be utilized.

Impact to the Community
The proposed improvements will provide significant enhancements to the City’s Downtown core. Said improvements will help to stimulate residential and commercial development. In addition, the grant funding will provide an enhanced transit facility along SR 135 and pedestrian accessibility improvements along West Church Street.

ATTACHMENTS

A. Agreement

Page 1 of 12 ends

AGREEMENT BETWEEN

CITY OF SANTA MARIA

AND THE

SANTA BARBARA COUNTY ASSOCIATION OF GOVERNMENTS
REGARDING REGIONAL EARLY ACTION PLANNING GRANTS OF 2021 GRANT AWARD T
his Agreement is made by and between the City of Santa Maria, (hereinafter referred to as the “Awardee”), and the Santa Barbara County Association of Governments (hereinafter referred to as SBCAG) (hereinafter collectively referred to as the “Parties” or individually “Party”).

RE
CITALS
WH
EREAS awardee is a charter law city located in Santa Barbara County; WH
EREAS SBCAG has been designated by the Governor as the Metropolitan Planning Organization (MPO) for Santa Barbara County and, as such, has been given the responsibility to conduct the metropolitan transportation planning process required by 23 U.S.C. section 134 and 49 U.S.C. section 5303;
WH
EREAS Assembly Bill 140 (2021) created the Regional Early Action Planning Grants of 2021, colloquially referred to as REAP 2.0 (hereinafter referred to as the “Program”), and tasked the California Department of Housing and Community Development (HCD), in partnership with the California Air Resources Board (CARB) and the Strategic Growth Council (SGC) with administering the Program;
WH
EREAS SBCAG was apportioned by formula $549,592 to administer the Program within Santa Barbara County and $ 4,946,325 for projects within Santa Barbara County which meet Program eligibility requirements as described in the Regional Early Action Planning Grants of 2021 (REAP

2.0) Final Guidelines for Metropolitan Planning Organizations; WH
EREAS SBCAG carried out a competitive project selection process to identify and select projects for Program funding within Santa Barbara County with the SBCAG Board of Directors approving the suite of projects during its December 15, 2022 meeting and HCD and its partners approving the suite of projects on August 15, 2023;
WH
EREAS through the SBCAG project selection process, Awardee was awarded Program grant funds in the amount of $2,482,958.44 to increase sewer capacity improvements and construct multimodal improvements in the downtown area to facilitate high -density residential development (referred to herein as “Project”);
WH
EREAS Parties agree to collaborate to facilitate the grant award with SBCAG serving as administrator and the Awardee responsible for delivering awarded project consistent with grant requirements;
WH
EREAS SBCAG will not incur costs or liabilities beyond the administrative duties of submitting Attachment A

Page 2 of 12 ends

invoices, processing invoices, coordinating grant progress reporting, and disbursing payments as part of this Agreement; and
WH
EREAS by entering into this Agreement, the Parties intend to describe their respective responsibilities and establish a joint cooperative structure for their participation in th e Program project.

N
OW THEREFORE it is mutually agreed:

1. R
ecitals
T
he above Recitals are true and correct and incorporated herein.

2. D
uties of Parties
T
he Parties agree to be responsive to requests for related information or data, and attend all meetings related to the administration of the Project in person or via conference call, after reasonable notice.

3. D
uties of Awardee
A. Use of Funds. Aw ardee shall use the awarded funds in accordance with the approved Scope of Work attached hereto as Exhibit A and incorporated herein by this reference.

B. Procurement. Awardee shall abide by all State and federal contracting standards related to the use o f grant money. Awardee shall maintain documentation of its normal procurement policy and competitive bid process (including the use of sole source purchasing), and ﬁnancial records of expenditures incurred during the course of the Project in accordance with GAAP . Awardee shall require the same of its subcontractor(s).

C. Subcontractors. If Awardee will complete all or part of the Scope of Work through a subcontract, then Awardee shall enter into a written agreement with any subcontractor.

The Awardee shall require all subcontractor(s) to comply with Program requirements and all other requirements described herein. The Awardee shall consult with SBCAG prior to making major decisions regarding contract management and shall ensure all interests of all Parties are protected. SBCAG does not have a contractual relationship with Awardee’s subcontractor(s) and the Awardee shall be fully responsible for monitoring and enforcement of those contracts and all work performed thereunder.

D. Invoicing. T he Awardee agrees to submit quarterly invoices to SBCAG for reimbursement.

The Awardee agrees SBCAG will only process reimbursement payments to the Awardee after such reimbursement is received by SBCAG from HCD . If reimbursement funding is not received by SBCAG from HCD, then SBCAG is not required to pay reimbursements to the Awardee. The Awardee shall require invoices from subcontractor(s) and process subcontractor payments in a timely manner.

Attachment A

Page 3 of 12 ends

E. Invoice Supporting Documentation. Invoices must be accompanied by supporting documentation where appropriate. Invoices without supporting documentation will not be paid. Supporting documentation may include, but is not limited to, purchase orders, receipts, progress payments, subcontracto r invoices, timecards, reports, or any other documentation as deemed necessary by SBCAG or HCD to support the reimbursement to Awardee for expenditures incurred.

F. Reporting. The Awardee agrees to prepare quarterly reports detailing progress on the Project as required for submittal to HCD in the administration of the Program grant. The report must demonstrate a clear and signiﬁcant nexus to REAP 2.0 Program goals and objectives including but not limited to Project delivery progress in accordance with the Scope of Work. Any lack of action or action inconsistent with REAP 2.0 requirements may result in review and could be subject to repayment of funds.

U
pon completion of all deliverables within the Agreement, the Awardee shall submit a close out report in a manner and form prescribed by SBCAG.

4. D
uties of SBCAG
A. S
BCAG agrees to function as the Program administrator for projects within Santa Barbara County and serve as a funding pass through for the (Project). If reimbursement funds are received by SBCAG from HCD, then SBCAG agrees to pass through funds to the Awardee to reimburse the Awardee’s expenses.

B. SB
CAG agrees to process invoices from the Awardee for work completed, submit invoices to HCD, align with the re quired progress reports supplied by the Awardee, and provide payment to the Awardee for eligible expenses reimbursed by HCD.

C. S
BCAG agrees to administer the Program within Santa Barbara County, including coordination with HCD and Awardee, through the conclusion of this Agreement.

5. General Provisions
A. A
ll obligations of the Parties hereto under this Agreement are subject to the appropriation of resources by their respective governing bodies.

B. N
othing in this Agreement shall be construed as empowering any Party hereto to exercise any function properly residing with any other party hereto.

C. Indemniﬁcation. The Awardee shall indemnify, defend (with counsel reasonably approved by SBCAG), and hold harmless SBCAG and its oﬃcers, oﬃcials, governing board members, employees, agents, and volunteers from and against any and all claims, actions, losses, damages, judgments and/or liabilities arising out of this Agreement from any cause whatsoever, including the acts, errors or omissions of any person or entity and for any Attachment A

Page 4 of 12 ends

costs or expenses (i ncluding but not limited to attorneys ’ fees) incurred by SBCAG on account of any claim except where such indemniﬁcation is prohibited by law. Awardee’s indemniﬁcation obligation applies to SBCAG’s active as well as passive negligence but does not apply to SBCAG’s sole negligence or willful misconduct. This indemnity shall survive the completion or termination of this Agreement.

D. Counterparts. This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts, or as many of them as the parties shall preserve undestroyed, shall together constitute one and the same instrument.

E. Limitation of Statutory Construction. Nothing in this Agreement shall be construe d to interfere with the authority, under any State law in eﬀect on the date of enactment of Section 134 of Title 23 USC, of a public agency with multimodal transportation responsibilities to develop:
i. P
lans and programs for adoption by a metropolitan planning organization; and ii. Long-range capital plans, coordinate transit services and projects, and carry out other activities pursuant to State law.

F. Notices. Any notice or consent required or permitted to be given under this Agreement shall be given to the respective parties in writing, by ﬁrst class mail, postage prepaid, or otherwise delivered via email, to the addresses listed below, or at such other address or to such other person that the parties may from time to time designate in accordance with this Notice section. Notices and consents under this section, which are sent by mail, shall b e d e e m e d t o b e r e c e i v e d ﬁ v e ( 5 ) d a y s f o l l o w i n g t h e i r d e p o s i t i n t h e U . S . m a i l . T h i s Notices section shall not be construed as meaning that either party agrees to service of process except as required by applicable law.

T
o Awardee: Attention: David Beas
City of Santa Maria Engineering
110 S. Pine Street, Room 101
San
ta Maria, CA 93458
Email: [email protected]
P
hone: 805-925-0951 ext. 2439
To
SBCAG: Attention: Mike Becker
Santa Barbara County Association of Governments
260 N. San Antonio Road, Suite B
San
ta Barbara CA 93110
Email: [email protected]
Ph one: (831) 915-9466
G. Violations. The Awardee shall comply with and be aware of the requirements and penalties for violations of fraud and for obstruction of investigation as set forth in Attachment A

Page 5 of 12 ends

California Public Contracts Code section 10115.10. At any time, if SBCAG ﬁnds the Awardee included false information in the advance or ﬁnal application or as part of the application review, SBCAG may require the repayment of funds.

H. Severability. If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality or unenforceability shall not aﬀect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

I. No Waiver of Default. No delay or omission of either Party to exercise any right or power arising upon the occurrence of any event of default shall impair any such right or power or shall be construed to be a waiver of any such default or an acquiescence therein; and every power and remedy given by this Agreement to either Party shall be exercised from time to time and as often as may be deemed expedient.

J. Compliance with Law. Each Party shall, at its sole cost and expense, comply with all SBCAG Ordinances, and, State and Federal laws, statutes, regulations, and rules now in force or which may hereafter be in force, including but not limited to legal requirements that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all other matters applicable to the grant. Each Party agrees to comply with HCD REACP 2.0 guidelines, as applicable. Awardee shall include this clause in all subcontracts.

K. Survival. All provisions of this Agreement which by their nature are intended to survive the termination or expiration of this Agreement shall survive such termination or expiration.

L. Immaterial Amendments. The Parties agree that immaterial changes to the Agreemen t such as updating the Notices contact information, addresses for notices, or other clerical error corrections which will not result in a material change to the Agreement, Statement of Work, or total Agreement amount may be authorized may be authorized by SBCAG ’s Executive Director, or designee, in writing, and in accordance with Section 8.

M. Remedies Not Exclusive. No remedy herein conferred upon or reserved to either Party is intended to be exclusive of any other remedy or remedies, and each and every such remedy, to the extent permitted by law, shall be cumulative and in addition to any other remedy given hereunder or now or hereafter existing at law or in equity or otherwise.

N. Section Headings. The headings of the several sections, and any table of conten ts appended hereto, shall be solely for convenience of reference and shall not aﬀect the meaning, construction or eﬀect hereof.

Attachment A

Page 6 of 12 ends

6. Term and Termination
A. T
his Agreement shall become eﬀective when fully executed by both Parties and shall continue in full force and eﬀect until completion of the Project, but not later than June 30, 2026.

B. Th
e Program allows for retroactive reimbursement of eligible expenses for activities to July 1, 2021. Eligible activities performed prior to execution of this Agreement must be included in the ﬁrst quarterly invoice.

C. A
ny party to this Agreement may terminate its participation by providing thirty (30) days written notice to all other Parties hereto.

D. T
he Program requires awarded funds be expended no later than June 30, 20 26. Should legislation extend the expenditure deadline, that revised expenditure deadline shall become applicable for the Awardee.

E. I
n the event that it is determined, at the sole discretion of SBCAG, that the Awardee is not meeting the terms and conditio ns of the Agreement, immediately upon receiving a written notice from SBCAG to stop work, the Awardee shall cease all work under the Agreement. SBCAG has the sole discretion to determine that the Awardee meets the t e r m s a n d c o n d i ti o n s a ft e r a s t o p w o r k o r der, and to deliver a written notice to the Awardee to resume work under the Agreement.

7. C
alifornia Law and Venue
F
ederal law and the laws of the State of California shall govern this Agreement. Any litigation regarding this Agreement or its contents shall be ﬁled in the County of Santa Barbara, if in state court, or in the federal district nearest Santa Barbara County, if in federal court.

8. E
ntire Agreement and Amendments
I
n conjunction with the matters considered herein, this Agreement contains the entire understanding and agreement of the parties and there have been no promises, representations, agreements, warranties or undertakings by any of the Parties, either oral or written, of any character or nature hereafter binding except as set forth here in. This Agreement may be altered, amended or modiﬁed only by an instrument in writing, executed by the parties to this Agreement and by no other means. Each Party waives their future right to claim, contest or assert that this Agreement was modiﬁed, c anceled, superseded, or changed by any oral agreements, course of conduct, waiver or estoppel Ame
ndments to the Scope of Work (Exhibit A) may mutually be approved by the SBCAG Executive Director and David Beas so long as the ﬁnal deliverable remains substantially unchanged. Any other amendment to this agreement shall be approved by the Parties ’ governing bodies.

Attachment A

Page 7 of 12 ends

9. M
onitoring
A. T
he Awardee shall maintain books, records, documents, and other evidence that demonstrates the funding was used for the appropriate purposes, as described in the Scope of Work. These books, records, documents and other evidence shall be available for audit and inspection by SBCAG, HCD, or both at any point during the term of the Agreement and subject to any amendments to this Agreement.

B. SB
CAG may request additional information from Awardee, as needed, to demonstrate statutory compliance, satisfaction of Program requirements and necessary amendments to this Agreement, including but not limited to reporting or audit requirements. SBCAG may monitor expenditures and activities of the Awardee, as SBCAG deems necessary, to ensure compliance with statutory or Program requirements.

10. Accounting
T
he Awardee, its employees, contractors, and subcontractors shall establish and maintain an accounting system and reports that properly accumulate incurred project costs by line. The accounting system shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for payment vouchers and invoices.

11. Record Retention and Audit
A. T
he Awardee agrees that SBCAG, HCD, or both shall have the right to review and to copy any records and supporting documentation pertaining to the performance of the Agreement. The Awardee agrees to maintain such records for a possible audit after the ﬁnal payment for at least ﬁve (5) years after all funds have been expended unless a longer period of records retention is stipulated. Whe rever practicable, such records should be collected, transmitted, and stored in open and machine-readable formats. Awardee shall participate in any audits and review, whether by SBCAG or the State, at no charge to SBCAG. Awardee’s subcontractors paid with moneys under the terms of this Agreement shall be responsible for maintaining accounting records as speciﬁed herein.

B. I
f federal, state or other regulatory audit exceptions are made relating to this Agreement, Awardee shall reimburse all costs incurred by SBCAG associated with defending against the audit exceptions or performing any audits or follow -up audits, including but not limited to: audit fees, court costs, attorneys’ fees based upon a reasonable hourly amount for attorneys in the community, travel costs, penalty assessments and all other costs of whatever nature. Immediately upon notiﬁcation from SBCAG, Awardee shall reimburse the amount of the audit exceptions and any other related costs directly to SBCAG as speciﬁed by SBCAG in the notiﬁcation.

C. I
f any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been Attachment A

Page 8 of 12 ends

started before the expiration of the required record retention period, all records must be retained by the Awardee and its designees, contractors, and subcontr actors until completion of the action and resolution of all issues which arise from it. In any contract that Awardee enters into in an amount exceeding $10,000, the Awardee shall include the SBCAG’s and HCD ’s right to audit the subcontractor ’s records and interview their employees.

12. N
ondiscrimination
Dur
ing the performance of this Agreement, the Awardee assures that no otherwise qualiﬁed person shall be excluded from participation or employment, denied program beneﬁts, or be subjected to discrimination based on race, color, ancestry, national origin, sex, gender, gender identity, gender expression, genetic information, age, disability, handicap, familial status, religion, or belief, under any program or activity funded by this Agreement, as required by Title VI of the Civil Rights Act of 1964, as amended, and with the provisions contained in Title 49, Code of Federal Regulations (CFR), Part 21 through Appendix C and 23 CFR section 710.405(b), the Fair Housing Act (42 USC 3601 -20) and all implementing regulations, and the Age Discrimination Act of 1975 and all implementing regulations. During the performance of this Agreement, the Awardee, for itself, its assignees and successors in interest agrees as follows:

A. C
ompliance with Regulations . Awardee shall comply with the regulations relative to nondiscrimination in federally -assisted programs of the Departme nt of Transportation (hereinafter, "DOT") 49 CFR Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement.

B. D
OT-assisted Contracts. Awardee shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the Awardee to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as recipient deems appropriate.

Awardee, with regard to the work performed by it during the agreement, shall not discriminate on the grounds of race, religion, color, sex, age or national origin in the selection or retention of subcontractors, including procurement of materials and leases of equipment. Awardee shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.

C. S
olicitations for Subcontractors, including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiations made by Awardee for work to be performed under the subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by Awardee of Awardee's obligations under this Agreement, and the Regulations relative to nondiscrimination on the grounds of race, religion, color, sex, age or national origin.

Attachment A

Page 9 of 12 ends

D. Information and Reports. Awardee shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by SBCAG to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of Awardee is in the exclusive possession of another who fails or refuses to furnish this information, Awardee shall so certify to SBCAG, and shall set forth what efforts it has made to obtain the information.

E. S
anctions for Noncompliance . I n t h e e v e n t o f Awardee's noncompliance with the nondiscrimination provisions of this Agreement, SBCAG shall impose such contract sanctions as it may determine to be appropriate, including, but not limited to:
i. W
ithholding of payments to Awardee under this Agreement until Awardee complies, and/or
ii. Cancellation, termination or suspension of the Agreement in whole or in part.

F. Th
e Awardee shall, in the course of performing Project work, fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
G. Th
e Awardee shall include this Nondiscrimination clause and its subsections in all subcontracts.

13. Ow
nership of Intellectual Property
A. Work means the work to be directly or indirectly produced by the Awardee, its employees, or by and of the Awardee’s subcontractor (s) and/or subcontractor(s) employees under this Agreement.

B. Work Product means all deliverables created or produced from Work unde r this Agreement including, but not limited to, all Work and deliverables conceived or made or, hereafter conceived or made, either solely or jointly with others during the term of this Agreement and during a period of six months after the termination thereof, which relates to the Work commissioned or performed under this Agreement, are considered Work Product. Work Product includes all deliverables, inventions, innovations, improvements, or other works of authorship Awardee and/or Awardee’s subcontractor may conceive of or develop in the course of this Agreement, whether or not they are eligible for patent, copyright, trademark, trade secret or other legal protection.

C. Sharing of Work Product and Rights. All Work Product shall be shared with the SBCAG and HCD and its partners for various purposes, including education, outreach, transparency and future learning.

Attachment A

Page 10 of 12 ends

IN WITNESS THEREOF, the Agreement has been executed by the Parties and is eﬀective when fully executed by both Parties.

Santa Barbara County Association of
Governments (SBCAG)
By:_________________________
Name: Steve Lavagnino
Title: Chair, SBCAG
Date:

Attest:

Marjie Kirn
Clerk of the Board
By: _________________________
Deputy
Approved as to Form:

Rachel Van Mullem
County Counsel
By: __________________________
Awardee
By: _________________________
N
ame: Brett Fulgoni
Title: Public Works Director
Date:

Attest
:

Donna G. Schwartz
Chief De
puty City Clerk
By: ___________________________
Name:

Title:

Approved as to Form a
nd Procedure:

Heather Whitham
Assistant City Attorney
By: ____________________________
Senior Deputy
[T
his area intentionally left blank.]
Attachment A

Page 11 of 12 ends

Exhibit A
Scope of Work
P
roject: The City of Santa Maria seeks to provide infrastructure improvements, including construction of a new sewer line with increased capacity and a new bus rapid transit (BRT) station to accommodate new inﬁll housing developments in a mixed -use setting in the Downtown area of Santa Maria, comprising over 675 housing units.

CITY OF SANTA MARIA (Awardee) shall complete the following tasks.

Task 0: Project Management and Administration

0.1: Project Staﬃng
Awardee shall assign appropriate staﬀ to complete the project.

0.3: Management and Administration
Awardee will prepare progress reports consistent with any and all requirements of the Regional Early Action Planning Grants’ Program of 2021 and provide those reports to SBCAG and HCD as requested. Awardee will complete all project close out reporting as required by the Regional Early Action Planning Grants’ Program of 2021, SBCAG, or HCD. Awardee will prepare and submit to SBCAG quarterly invoices for work completed.

Task 0 Deliverables:
• Progress Reports
• Quarterly Invoices
Task 1: Sanitary Sewer Improvements

1.1: Contractor Procurement
Awardee shall develop and advertise a request for proposals, review received proposals, and develop an agreement for services between the City of Santa Maria and the selected contractor(s). Awardee may elect to forego contractor services and complete this deliverable with City staﬀ.

1.2: Sanitary Sewer Installation
Awardee shall manage all phases of o ne-half mile of upgraded sanitary sewer line to provide increased sewer capacity to downtown parcels. The upgraded sanitary sewer line will extend east from Depot Street, follow Church Street to Pine Street, traverse Town Center West, and terminate at Broadway.

Task 1 Deliverables:

Attachment A

Page 12 of 12 ends

• Request for Proposals
• Agreement with Contractor(s)
• Completed sanitary sewer line upgrade
Task 2: Downtown Bus Rapid Transit (BRT) Station

2.1: Contractor Procurement
Awardee shall develop and advertise a request for proposals, review received proposals, and develop an agreement for services between the City of Santa Maria and the selected contractor(s). Awardee may elect to forego contractor services and complete this deliverable with City staﬀ.

2.2: Bus Rapid Transit Station Development
Awardee shall manage all phases of development and installation of bus rapid transit station. The proposed Bus Rapid Transit (BRT) station will be designed and built along Santa Maria’s main thoroughfare of Broadway just south of the Main St. intersection and as part of an early phase of the City’s Downtown Redevelopment project(s) located in and around the major employment and retail Town Center Mall.

The BRT system is categorized by its high-quality transit with bus service frequency usually every 1 5 t o 2 0 m i n u t e s . B R T s t o p s a re strategically placed, such as the proposed, to facilitate the greatest level of convenience for the greatest amount of the transit riding public. BRT stations support this enhanced transit service with level boarding platforms, architecturally aesthetic stations that features real-time transit information, security enhancements and other passenger centric features.

Working with on-call consulting, architect and engineering ﬁrms, the City will manage all aspects of redesigning existing bus pull out to me et needed BRT station criteria while complementing work undertaken by the areas of the real property developers.

Task 2 Deliverables:
• Request for Proposals
• Agreement with Contractor(s)
• Downtown bus rapid transit station
Attachment A

RESOLUTION NO.

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

CALIFORNIA, AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO ENTER INTO

AN AGREEMENT BETWEEN THE CITY OF SANTA MARIA AND SANTA BARBARA

COUNTY ASSOCIATION OF GOVERNMENTS REGARDING A REGIONAL EARLY ACTION PLANNING GRANT AWARD FOR $2,482,958.44.

WHEREAS, the California Department of Housing and Community Development (HCD) has been assigned as the state agency overseeing the Regi onal Early Action Planning (REAP) Program; and

WHEREAS, Assembly Bill 140 (2021) created the REAP Grants of 2021, referred to as REAP 2.0, and tasked the California Department of HCD, in partnership with the California Air Resources Board and the Strategic Growth Council with administering the Program; and

WHEREAS, Santa Barbara County Association of Governments (SBCAG) was tasked to administer the Program within Santa Barbara County and $4,946,325 for projects within Santa Barbara County which meet program eligibility requirements as described in the REAP Final Guidelines for Metropolitan Planning Organizations; and

WHEREAS, SBCAG carried out a competitive project selection process to identify and select projects for Program funding within Santa Barbara County with the SBCAG Board of Directors approving the projects; and

WHEREAS, the City of Santa Maria was awarded $2,482,958.44 of project funds to increase sewer capacity and construct multimodal improvements in the downtown area to facilitate high-density residential development; and

WHEREAS, in order to receive the grant funding, the City must enter into an agreement with SBCAG governing the grant award and the use of grant funds.

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

1. The City Council hereby authorizes the Director of Public Works to execute the Agreement and any other documents necessary to receive funding from and/or carry out the project identified in the REAP grant.

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

2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 19th day of November 2024.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

FOR THE COUNCIL MEETING OF NOVEMBER 19, 2024

COUNCIL AGENDA REPORT

TO: City Council

FROM: Acting City Manager Chuen Wu

BY: Director of Public Works Brett Fulgoni

SUBJECT: Adoption of a Resolution Approving an Award of Bid - Sports Complex Project, Bid No. 2024-11

Description:

The City Council will consider approving the award of Bid No. 2024 -11 to Specialty Construction Inc. for the construction of the Sports Complex Project. This project will consist of grading, irrigation, landscaping, electrical improvements, hardscape, and restroom and playground installation.

Environmental Notice: A Final Supplemental Environmental Impact Report (SCH 1994107909), was prepared in connection with the Blosser -Southeast Specific Plan Amendment.

RECOMMENDATION:

Adopt a Resolution awarding a bid to Specialty Construction Inc., in the amount of $9,894,271.98 for the construction of Sports Complex Project, Bid No. 2024-11.

BACKGROUND:

Under the direction of the City of Santa Maria Recreation and Parks Department, the project was designed by the Wallace Group of San Luis Obispo, CA. The scope of work consists of grading, irrigation, landscaping, electrical improvements, hardscape, and restroom and playground installation.

DISCUSSION:

The project was extensively advertised for bids. The City received three bids, which were opened on October 31, 2024. A summary of the bids submitted are as follows:

Bidder Bid Amount
Specialty Construction, Inc. $ 9,688,271.98
AMG & Associates, Inc. $11,086,836.02
Edwards Construction Group, Inc. $11,861,525.28

2 A detailed tabulation of the bids received is attached (Attachment A). Signed proposals and bid bond forms are available for viewing in the office of the Director of Public Works located at 110 South Pine Street, Suite 221, Santa Maria, CA 93458.

The lowest responsive, responsible bid was submitted by Specialty Construction, Inc., in the amount of $9,688,271.98.

Specialty Construction, Inc., from San Luis Obispo, CA has performed and successfully completed similar work for many cities throughout Southern California and on the Central Coast. In addition, they have submitted references for their work history. City staff has checked the firm’s references and are comfortable with the abili ty of the contractor to perform the work successfully.

Several additive bid alternates were included in the bid. The Recreation and Parks Department has elected to award the base bid and bid alternates 5B and 5C (Basketball Courts, Adult Exercise Equipment) in the amount of $184,000 and $22,000, respectively.

This brings the contract award to $9,894,271.98.

Therefore, the recommended action is to award the bid to Specialty Construction, Inc. in the amount of $9,894,271.98.

In addition, The Recreation and Parks Department has allocated $800,000 for construction contingency and the Public Works Department estimates that Inspection, Testing, Staff Time for Construction Management will cost $800,000.

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

Environmental Review
As required by the California Environmental Quality Act, a Notice of Determination was prepared and filed in connection with the Blosser -Southeast Specific Plan Amendment (SCH 1994107909), Santa Maria, California. In addition, the original NOD was filed with the Department of Fish and Wildlife payment.

Fiscal Considerations
Funding sources for this project are identified as follows:

Available Budget Account Amount
Prop 68 Grant $5,660,956
Santa Barbara County $1,500,000
State of California Project Grant $1,000,000
Residential Development Tax 028 $1,000,000
Quimby Act Subdivision-in-Lieu $1,280,000
Community Development Block Grant 2024 $457,906
3 Community Development Block Grant 2025 $1,061,730
ARPA Funding $2,145,820
Total $14,106,412

Estimated Expenditures Amount
Award
Contingency & Add Alts.
$9,894,272
$3,412,140
Inspection, Testing, Staff Time $800,000
Total $14,106,412

Impact to the Community
The community will benefit from the new sports complex which include four multipurpose playing fields, sports lighting, restroom buildings, and integrated space for community events.

ATTACHMENTS

A. Detailed Bids Results
B. Agreement

City of Santa Maria
Bid Results for Project SANTA MARIA SPORTS COMPLEX PROJECT (Re-Bid) (2024-11) Issued on 10/03/2024
Bid Due on November 05, 2024 10:00 AM (PST)

BASE BID SCHEDULE
Item Code Description Unit QTY Unit Price Total Unit Price Total Unit Price Total 1 1 MOBILIZATION & DEMOBILIZATION LS 1 $396,200.00 $396,200.00 $444,500.00 $444,500.00 $1,119,163.89 $1,119,163.89 2 2 CONSTRUCTION STAKING LS 1 $119,000.00 $119,000.00 $76,200.00 $76,200.00 $82,987.50 $82,987.50 3 3 CONSTRUCTION AREA SIGNS LS 1 $3,600.00 $3,600.00 $3,810.00 $3,810.00 $16,597.50 $16,597.50 4 4 TRAFFIC CONTROL SYSTEM LS 1 $52,000.00 $52,000.00 $38,100.00 $38,100.00 $27,662.50 $27,662.50 5 5 PREPARE WATER POLLUTION CONTROL PROGRAM LS 1 $335,000.00 $335,000.00 $63,500.00 $63,500.00 $29,322.25 $29,322.25 6 6 SHEETING, SHORING, AND BRACING LS 1 $1,800.00 $1,800.00 $635.00 $635.00 $22,130.00 $22,130.00 7 7 SOIL REMEDIATION (BASED ON CONTAMINATED SOIL FINDINGS) CY 21243 $19.50 $414,238.50 $9.00 $191,187.00 $110.65 $2,350,537.95 8 8 SITE DEMOLITION, CLEARING AND GRUBBING LS 1 $12,800.00 $12,800.00 $44,450.00 $44,450.00 $55,325.00 $55,325.00 9 9 SITE GRADING LS 1 $160,000.00 $160,000.00 $1,594,201.00 $1,594,201.00 $1,327,800.00 $1,327,800.00 10 10 DOMESTIC WATER UTILITIES LS 1 $132,000.00 $132,000.00 $222,250.00 $222,250.00 $221,300.00 $221,300.00 11 11 10" PVC WATERLINE LS 1 $297,000.00 $297,000.00 $317,500.00 $317,500.00 $110,650.00 $110,650.00 12 12 STORM WATER SYSTEM LS 1 $915,000.00 $915,000.00 $755,650.00 $755,650.00 $442,600.00 $442,600.00 13 13 SEWER UTILITIES LS 1 $175,000.00 $175,000.00 $222,250.00 $222,250.00 $221,300.00 $221,300.00 14 14 FIRE SERVICE AND HYDRANTS LS 1 $92,000.00 $92,000.00 $95,250.00 $95,250.00 $110,650.00 $110,650.00 15 15 CURB/GUTTER LS 1 $482,000.00 $482,000.00 $698,500.00 $698,500.00 $410,969.00 $410,969.00 16 16 BIORETENTION SOIL MEDIA (BSM) CY 875 $161.00 $140,875.00 $146.00 $127,750.00 $134.22 $117,442.50 17 17 BIORETENTION SOIL GRAVE L CY 762 $175.00 $133,350.00 $165.00 $125,730.00 $155.09 $118,178.58 18 18 IRRIGATION SYSTEM LS 1 $1,179,000.00 $1,179,000.00 $1,524,000.00 $1,524,000.00 $1,172,519.32 $1,172,519.32 19 19 ELECTRICAL SYSTEMS LS 1 $915,000.00 $915,000.00 $1,270,000.00 $1,270,000.00 $967,258.04 $967,258.04 20 20 ASPHALT PAVING SF 129300 $5.32 $687,876.00 $5.00 $646,500.00 $5.12 $662,016.00 21 21 CONCRETE (WOOD STAMPED) SF 2240 $25.00 $56,000.00 $17.00 $38,080.00 $19.97 $44,732.80 22 22 CONCRETE PEDESTRIAN PAVING & GENERAL CONCRETE SITE PAVING LS 1 $663,000.00 $663,000.00 $546,100.00 $546,100.00 $342,031.00 $342,031.00 23 23 CONCRETE VEHICULAR PAVING SF 4480 $21.00 $94,080.00 $17.00 $76,160.00 $16.15 $72,352.00 24 24 ENHANCED CONCRETE BANDS (12") SF 1128 $29.00 $32,712.00 $32.00 $36,096.00 $23.62 $26,643.36 25 25 VEHICULAR PERMEABLE PAVERS SF 15326 $33.00 $505,758.00 $23.00 $352,498.00 $28.88 $442,614.88 26 26 PEDESTRIAN PERMEABLE PAVER S SF 400 $40.00 $16,000.00 $298.00 $119,200.00 $35.41 $14,164.00 27 27 PEDESTRIAN LINEAR PAVERS SF 2737 $44.00 $120,428.00 $23.00 $62,951.00 $25.41 $69,547.17 28 28 DECOMPOSED GRANITE PAVING SF 17012 $8.50 $144,602.00 $9.00 $153,108.00 $7.04 $119,764.48 29 29 CRUSHED GRAVEL PAVING SF 5246 $4.50 $23,607.00 $5.00 $26,230.00 $5.13 $26,911.98 30 30 SITE FENCING & GATES LS 1 $197,000.00 $197,000.00 $190,500.00 $190,500.00 $224,247.00 $224,247.00 31 31 TURF LAWN (HYDROSEED) SF 469091 $0.28 $131,345.48 $0.22 $103,200.02 $0.30 $140,727.30 32 32 LANDSCAPE - SHRUBS AND GROUNDCOVER LS 1 $775,000.00 $775,000.00 $698,500.00 $698,500.00 $530,588.88 $530,588.88 33 33 SIGNAGE LS 1 $61,000.00 $61,000.00 $6,350.00 $6,350.00 $71,922.50 $71,922.50 34 34 SOIL PREPARATION LS 1 $131,000.00 $131,000.00 $139,700.00 $139,700.00 $111,313.90 $111,313.90 35 35 LANDSCAPE MAINTENANCE LS 1 $93,000.00 $93,000.00 $76,200.00 $76,200.00 $37,554.00 $37,554.00 Subtotal $9,688,271.98 Subtotal $11,086,836.02 Subtotal $11,861,525.28 Specialty Construction, Inc. AMG & Associates, Inc. Edwards Construction Group, Inc.

Attachment A
BID ALTERNATIVE 1A
36 1A MUSCO FIELD LIGHTS LS 1 $1,750,000.00 $1,750,000.00 $1,820,143.0 0 $1,820,143.00 $1,987,691.19 $1,987,691.19 Subtotal $1,750,000.00 Subtotal $1,820,143.00 Subtotal $1,987,691.19 BID ALTERNATIVE 1B
37 1B SITE LIGHTING LS 1 $2,750,000.00 $2,750,000.00 $2,812,779.92 $2,8 12,779.92 $2,252,742.40 $2,252,742.40 Subtotal $2,750,000.00 Subtotal $2,812,779.92 Subtotal $2,252,742.40 BID ALTERNATIVE 1C
38 1C ACCENT LIGHTING LS 1 $48,000.00 $48,000.00 $48,921.00 $48,921.00 $ 26,664.00 $26,664.00 Subtotal $48,000.00 Subtotal $48,921.00 Subtotal $26,664.00 BID ALTERNATIVE 2A
39 2A PREFAB RESTROOM NORTH LS 1 $220,000.00 $220,000.00 $337,103.00 $3 37,103.00 $295,637.00 $295,637.00 Subtotal $220,000.00 Subtotal $337,103.00 Subtotal $295,637.00 BID ALTERNATIVE 2B
40 2B PREFAB RESTROOM SOUTH LS 1 $220,000.00 $220,000.00 $342,655.00 $3 42,655.00 $301,519.00 $301,519.00 Subtotal $220,000.00 Subtotal $342,655.00 Subtotal $301,519.00 BID ALTERNATIVE 2C
41 2C LARGE RESTROOM AND CONCESSION BUILDING LS 1 $392,000.00 $392,00 0.00 $709,468.00 $709,468.00 $499,067.00 $499,067.00 Subtotal $392,000.00 Subtotal $709,468.00 Subtotal $499,067.00 BID ALTERNATIVE 3A
42 3A LARGE PICNIC PAVILION LS 1 $195,000.00 $195,000.00 $194,850.00 $1 94,850.00 $243,174.00 $243,174.00 Subtotal $195,000.00 Subtotal $194,850.00 Subtotal $243,174.00 BID ALTERNATIVE 3B
43 3B SMALL PICNIC PERGOLAS EA 3 $110,000.00 $330,000.00 $105,122.00 $3 15,366.00 $324,331.00 $972,993.00 Subtotal $330,000.00 Subtotal $315,366.00 Subtotal $972,993.00 BID ALTERNATIVE 3C
44 3C SMALL PICNIC SHADE SAILS EA 3 $42,000.00 $126,000.00 $46,420.00 $ 139,260.00 $273,641.00 $820,923.00 Subtotal $126,000.00 Subtotal $139,260.00 Subtotal $820,923.00 BID ALTERNATIVE 4A
45 4A ENTRANCE MONUMENT @ LA BREA ENTRANCE LS 1 $137,000.00 $137,000. 00 $50,634.00 $50,634.00 $81,017.00 $81,017.00 Subtotal $137,000.00 Subtotal $50,634.00 Subtotal $81,017.00 BID ALTERNATIVE 4B
46 4B ENTRANCE MONUMENT SMALL EA 2 $65,000.00 $130,000.00 $19,734.00 $3 9,468.00 $71,337.00 $142,674.00 Subtotal $130,000.00 Subtotal $39,468.00 Subtotal $142,674.00 BID ALTERNATIVE 5A
47 5A PLAYGROUND LS 1 $380,000.00 $380,000.00 $248,376.00 $248,376.00 $6 44,052.00 $644,052.00 Subtotal $380,000.00 Subtotal $248,376.00 Subtotal $644,052.00 BID ALTERNATIVE 5B
48 5B BASKETBALL COUR T EA 4 $46,000.00 $184,000.00 $45,013.00 $180,052.00 $248,500.00 $994,00 0.00 Subtotal $184,000.00 Subtotal $180,052.00 Subtotal $994,000.00 BID ALTERNATIVE 5C
49 5C ADULT EXERCISE EQUIPMEN T LS 1 $22,000.00 $22,000.00 $5,413.00 $5,413.00 $147,354.00 $147,354.00 Subtotal $22,000.00 Subtotal $5,413.00 Subtotal $147,354.00 BID ALTERNATIVE 5D
50 5D REMOVABLE BOLLARDS LS 1 $123,000.00 $123,000.00 $78,418.00 $78,41 8.00 $56,974.00 $56,974.00 Subtotal $123,000.00 Subtotal $78,418.00 Subtotal $56,974.00 BID ALTERNATIVE 5E
51 5E DRINKING FOUNTAINS LS 1 $9,600.00 $9,600.00 $7,718.00 $7,718.00 $3 0,663.00 $30,663.00 Subtotal $9,600.00 Subtotal $7,718.00 Subtotal $30,663.00 BID ALTERNATIVE 6A
52 6A LANDSCAPE (TREES) LS 1 $386,000.00 $386,000.00 $326,465.00 $326,4 65.00 $398,821.00 $398,821.00 Subtotal $386,000.00 Subtotal $326,465.00 Subtotal $398,821.00

Attachment B

AGREEMENT

THIS AGREEMENT, made and entered into this 19th day of November 2024, by and between Specialty Construction, Inc., hereinafter referred to as "Contractor," and the City of Santa Maria in the County of Santa Barbara, California, hereinafter referred to as "Owner."

WITNESSETH:

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

1. That Contractor shall complete the work generally described as follows: City of Santa Maria Sports Complex Project (PW 2024-11), in accordance with th e Contract Documents therefore, adopted by the City Council, of Owner, as prepared by City of Santa Maria.

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

Total Bid of Nine-Million, Eight -Hundred and Ninety-Four Thousand, Two -Hundred Seventy-One Dollars and Ninety-Eight Cents.

Contract Price in Figures $9,894,271.98

3. Contractor agrees to complete said work within the contract time of three-hundred and fifty (350) working days, from the day following the issuance of the Notice to Proceed, and approved extensions thereof, to the satisfaction of Owner before final payment is made.

4. Time is of the essence on this contract.

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

In accordance with California Government Code, Section 53069.85, the amount of liquidated damages to be paid to Owner for each day completion is delayed beyond the time for completion, shall be twelve-hundred hundred ($1,200) dollars. Contractor hereby acknowledges that it has reviewed said provisions relating to liquidated damages and the amount thereof and accepts the same as being reasonable under the circumstances and as a material part of the consideration for this contract.

Contractor also acknowledges that progress payments made after the scheduled

Attachment B
completion date do not constitute a waiver of liquidated damages.

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

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

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

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

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

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

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

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

Attachment B

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

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

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

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

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

15. The agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto, but nothing in this section shall be construed as consent by City to any assignment of this agreement or any interest in this agreement.

(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.)

Attachment B
IN WITNESS WHEREOF, said Contractor and the Mayor of Santa Maria, by Resolution No. 2024-xxx of the City Council, of Owner thereunto duly authorized, have caused the names of said parties to be affixed hereto, each in triplicate, the day and year first above written.

CONTRACTOR:

___________________________
Rudolph C. Bachmann
President/Secretary
Specialty Construction, Inc.

OWNER:

Alice Patino
Mayor

ATTEST:

Donna G. Schwartz
Chief Deputy City Clerk
APPROVED AS TO FORM:

_______________________________
Risk Manager
_______________________________
City Attorney

Attachment B
EXHIBIT “A”

INSURANCE REQUIREMENTS

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

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

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

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

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

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

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

Attachment B

B. Minimum Limits of Insurance

Provider shall maintain limits no less than:

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

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

3. Workers’ Compensation: Statutory limits.

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

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

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

C. Self-insured Retentions

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

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

D. Other Insurance Requirements

The liability policies are to contain, or be endorsed to contain, the following provisions:

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

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

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

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

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

E. Acceptability of Insurers

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

Attachment B

F. Verification of Coverage

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

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA, CALIFORNIA, AWARDING A BID TO SPECIALTY CONSTRUCTION, INC. IN THE AMOUNT OF $9,894,271.98 FOR THE CONSTRUCTION OF THE SPORTS COMPLEX PROJECT, BID NO. 2024-11

WHEREAS, the City of Santa Maria formally advertised Santa Maria Sports Complex Project, Bid No. 2024-11 (“Project”); and

WHEREAS, the Notice Inviting Bids was published and posted in compliance with applicable sections of the Public Contract Code; and

WHEREAS, the bids were publicly opened on November 5, 2024; and

WHEREAS, Specialty Construction, Inc., was determined to be the lowest responsive, responsible bidder who included all required documentation, bid bonds, and signatures; and

WHEREAS, an Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA and mitigation measures were made a condition of the approval of the project, and the findings were made pursuant to the provisions of CEQA

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

1. The Mayor is hereby authorized and directed to execute, for and on behalf of the City of Santa Maria, a n Agreement with Specialty Construction, Inc., for the Sports Complex Project, Bid No. 2024-11; and

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

3. The City Manager, or designee, is hereby authorized and directed to designate funds from the following identified accounts:

2 Community Development Block Grant 2025 $1,061,730
ARPA Funding $2,145,820
Total $14,106,412

4. The City Manager, or designee, is hereby authorized to approve Contract Change Orders so long as expenditures do not exceed funding approved for the project; and

5. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substa ntial 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 Co uncil of the City of Santa Maria held this 19th day of November 2024.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

FOR THE COUNCIL MEETING OF NOVEMBER 19, 2024

COUNCIL AGENDA REPORT

TO: City Council

FROM: Acting City Manager Chuen Wu

BY: Director of Public Works Brett Fulgoni

SUBJECT: Adoption of a Resolution Establishing a No Stopping Zone On Farnel Road

Description:

The City Council will consider approving the establishment of a no stopping zone on Farnel Road to improve line of sight and drop-off and pick-up operations.

RECOMMENDATION:

Adopt a Resolution establishing a no stopping zone on Farnel Road.

BACKGROUND:

Santa Barbara County Education Office Coordinator of Juvenile Court & Community Schools, Mr. Matthew Linton, requested staff review the portion of Farnel Road adjacent to the Fitzgerald Community School driveway for a no stopping zone. Mr. Linton’s request is based on improving both line of sight and drop-off and pick-up operations at Fitzgerald Community School.

DISCUSSION:

Staff brought this request to the Traffic Committee. Per City Council Resolution No. 2061 and CAM 63 -15, a Traffic C ommittee was formed to “be responsible for the review, approval or denial, and recommendations to City Council on all matters and requests relating to traffic circulation and safety within the public right -of-way”. The Traffic Committee has reviewed and ap proved the request for establishing a no stopping zone to improve both line of sight and drop -off and pick -up operations. The City Council has the authority to locate, establish, or eliminate no stopping zones within the City.

The no stopping zones recommended to be established is described as follows:

1. Farnel Road, along the easterly curb face, beginning at the northerly curb return of the driveway continuing north for a length of 40 linear 2 feet.

2. Farnel Road, along the easterly curb face, beginning at the southerly curb return of the driveway continuing south for a length of 40 linear feet.

Alternative(s)
The alternative to the recommended action would be to not approve the establishment of the No Stopping Zone.

Fiscal Considerations
Establishing the no stopping zone will require labor and materials to paint the curb red.

The painted curb will need to be maintained in the future as the paint fades. Staff estimates it will cost the City $1,000 to install the red curb.

Impact to the Community
Approximately four additional parking spaces will be removed to prevent vehicles from obstructing drop-off and pick-up operations and line-of-sight. Employees of the adjacent businesses will still have adequate parking in the vicinity of the propose d no stopping zone.

ATTACHMENTS

A. Drawing_Proposed No Stopping Zone to be Established on Farnel Road

40404040
40404040
Luis A. MagallónProposed No Stopping Zone402 Farnel RdTitle Drawing No.Scale:Sheet:

City of Santa MariaDepartment of Public Works110 South Pine StreetSanta Maria, CA 93458Drawn By:Approved By:NTS1 of 1 N David BeasAttachment ATC-24-16

FARNEL RD
W. COOK ST
S. BLOSSER RDFITZGERALDCOMMUNITY SCHOOL40'40'
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MARIA, CALIFORNIA, ESTABLISHING A NO STOPPING ZONE ON

FARNEL ROAD

WHEREAS, it is in the best interest of the City of Santa Maria to establish no stopping zones at certain locations within the City; and

WHEREAS, the City of Santa Maria Traffic Committee has reviewed and is recommending the establishment of no stopping zones at the locations described below;

NOW, THEREFORE, IT IS HEREBY RESOLVED that pursuant to Section 7-5.16 of the Santa Maria Municipal Code, no stopping zones shall be established on the following streets, incorporated herein by reference, at the following locations by the City Council of the City of Santa Maria, California, as follows:

1. Farnel Road, along the easterly curb face, beginning at the northerly curb return of the driveway continuing north for a length of 40 linear feet.

2. Farnel Road, along the easterly curb face, beginning at the southerly curb return of the driveway continuing south for a length of 40 linear feet.

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

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

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

///

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 19 day of November 2024.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

FOR THE COUNCIL MEETING OF NOVEMBER 19, 2024

COUNCIL AGENDA REPORT

TO: City Council

FROM: Acting City Manager Chuen Wu

BY: Director of Public Works Brett Fulgoni

SUBJECT: Adoption of a Resolution Approving a Proposed Summary Vacation of a 20-Foot-Wide Right -Of-Way Lying East of Concepcion Avenue Between State Route 166 (Main Street) And East Chapel Street, Intersecting with North Concepcion Avenue

Description:

The City Council will consider approving summarily vacating an alley right-of-way located between State Route 166 (Main Street) and East Chapel Street, east of North Concepcion Avenue. The alley right -of-way no longer serves its purpose to provide public access to the adjacent parcels and access to utilities within the alle y as no public access is necessary across the alley and no utilities exist within the alley.

RECOMMENDATION:

Adopt a Resolution summarily vacating an alley right-of-way located between State Route 166 (Main Street) and East Chapel Street, intersecting with No rth Concepcion Avenue, recorded as Instrument No. 8357 in Book 1153 at Page 385 of Official Records in the Office of the County Recorder of Santa Barbara County, State of California.

BACKGROUND:

The underlying property owner of the parcels to the north and south of the alley in question, Mr. Lupe Alvarez, approached the City of Santa Maria Public Works Department with a request to maintain the City alley as it was in disrepair. Following research of the alley condition and subsequent repair of the alley, discussion of the necessity of the alley lead to a discussion with Mr. Alvarez about the potential summary vacation of the alley.

Mr. Alvarez indicated that he would be willing to accept the ownership and maintenance of the alley and pay to prepare the documents to process the summary vacation.

DISCUSSION:

The Public Works Department has reviewed the documents prepared by Mr. Alvarez and found them to be technically accurate and ready for recordation if a Resolution is adopted 2 by City Council. The summary vacation would eliminate the City’s liability to maintain an alley that no longer serves a purpose to the general public and therefore would reduce ongoing maintenance costs. The Police and Fire Departments have been consulted and determined that the access is not necessary for response to emergencies on the adjacent properties.

Staff recommends vacating the easement in conformance with California Streets and Highways Code §8333(a). The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation.

Alternative(s)
The City Council may elect to not adopt the Resolution to summarily vacate the right-of- way. Staff would return the processing fees to the applicant and would continue to maintain the alley surface.

Fiscal Considerations
Summarily vacating the right -of-way would reduce future maintenance expenditures on this area of alley and would reduce liability due to poor maintenance.

Impact to the Community
No impact to the community is anticipated at this time as the right -of-way is not being used for its intended purpose and emergency response access is not needed.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MARIA, CALIFORNIA, SUMMARILY VACATING AN ALLEY RIGHT-
OF-WAY LOCATED BETWEEN STATE ROUTE 166 (MAIN

STREET) AND EAST CHAPEL STREET, INTERSECTING WITH

NORTH CONCEPCION AVENUE, RECORDED AS INSTRUMENT
NO. 8357 IN BOOK 1153 AT PAGE 385 OF OFFICIAL RECORDS IN

THE OFFICE OF THE COUNTY RECORDER OF SANTA BARBARA
COUNTY, STATE OF CALIFORNIA.

WHEREAS, the Streets and Highways Code §8333(a) permits summary vacation because the easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation; and

WHEREAS, the vacation of a portion of the alley right-of-way will not affect any in- place or in-use public facilities; and

WHEREAS, the property owner of the adjacent parcels, APN 121-250-004 and 121-250-005, Mr. Lupe Alvarez, has prepared a legal description and exhibit of the area to be summarily vacated and has paid all applicable fees to process the summary vacation; and

WHEREAS, the City Surveyor has reviewed the legal description and exhibit of the area to be summarily vacated and found both to be technically correct.

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

1. That the portion of the existing right-of-way, as shown in Exhibits A and B, is summarily vacated pursuant to Streets and Highways Code, Part 3, Chapter 4, §8333(a).

2. That from and after the date this Resolution is recorded with the Santa Barbara County Clerk-Recorder, the right-of-way as shown in Exhibit A and described in Exhibit B shall no longer be or constitute public right-of-way; and

///
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 19th day of November 2024.

Mayor
ATTEST:

Chief Deputy City Clerk

EXHIBIT A – Vicinity Map
EXHIBIT B – Legal Description
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director

City Manager

2 a. line S.E. I/4
E. Ma in 5:E=i::=It:=I=:i= I=G:)

EXHIBIT "a"
( description of Alley being Quitclaimed/abandoned)
A PORTION OF THE SE 1/4 0F SECTION 11, TOWNSHIP 10 N., RANGE 34 WEST, S.B.B. & M.,

IN THE CITY OF SANTA MARIA, COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

THAT PORTION 0F A 20 FOOT WIDE RIGHT-OF-WAY DESCRIBED AS PARCEL 5 IN THAT CERTAIN RIGHT OF WAY DEED NAMING ARTHUR T. ERICSON AND STELLAA. ERICSON HUSBAND AND WIFE AS GRANTORS TO THE CITY OF SANTA MARIA DATED MAY 11 1953 AND RECORDED AS INSTRUMENT NO. 8357 IN BOOK 1153 AT PAGE 385 0F OFFICIAL

RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SANTA BARBARA COUNTY, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS;
THAT PORTION OF SAID 20 FOOT STRIP LYING EASTERLY OF THE EASTERLY LINE OF CONCEPCION AVENUE DESCRIBED AS PARCEL 4 IN SAID RIGHT OF WAY DEED.

A PLAT SHOWING THE ABANDONMENT, EXHIBIT "A", IS ATTACHED AND MADE A I'ART OF THIS DESCRIPTION.

TjHfrf rd @/z/ /7A2y

FOR THE COUNCIL MEETING OF NOVEMBER 19, 2024

COUNCIL AGENDA REPORT

TO: City Council

FROM: Acting City Manager Chuen Wu

BY: Director of Public Works Brett Fulgoni

SUBJECT: Adoption of a Resolution Approving an Award of Bid for Church Street Sewer Line Project, Bid No. 2024-07

Description:

The City Council will consider approving the award of Bid No. 2024 -07 to R. Baker Inc. for the construction of the Church Street Sewer Line Project. This project consists of providing a new 2,250 -foot long 12” diameter gravity sewer in Church Street betwee n South Depot Street and South Broadway Street, and two 200-foot long 8” diameter relief gravity sewers and associated sewer manholes; providing irrigation and irrigation control wire conduits for future installation of irrigation lines and control wires.

RECOMMENDATION:

Adopt a Resolution awarding a bid to R. Baker Inc., in the amount of $1,500,584, for the construction of the Church Street Sewer Line Project, Bid No. 2024-07.

BACKGROUND:

Under the direction of the City of Santa Maria Public Works Engineering Department, the project was designed by the Wallace Group. This project will consist of providing a new 2,250-foot long 12” diameter gravity sewer in Church Street between South Depot Street and South Broadway Street, and two 200-foot long 8” diameter relief gravity sewers and associated sewer manholes; providing irrigation and irrigation control wire conduits for future installation of irrigation lines and control wires.

DISCUSSION:

The project was extensively advertised for bids. The City received three bids, which was opened on October 31, 2024. A summary of the bids submitted are as follows:

Bidder Bid Amount
R. Baker Inc. $1,500,584.00
The J.F. Will Company Inc. $1,895,878.32
V. Lopez Jr. & Sons G.E.C., Inc. $1,974,355.00
2 A detailed tabulation of the bids received is attached (Attachment A). Signed proposals and bid bond forms are available for viewing in the office of the Director of Public Works located at 110 South Pine Street, Suite 221, Santa Maria, CA 93458.

The lowest responsive, responsible bid was submitted by R. Baker Inc., in the amount of $1,500,584, which included two additive bid alternatives. The first be ing irrigation and irrigation control wire conduits for future installation of irrigation lines and control wires.

The second being the substitution and installation of polymer coated manholes. City staff recommends only awarding both bid alternatives.

R. Baker Inc., from Arroyo Grande, CA has performed and successfully completed similar work for many cities throughout Southern California and on the Central Coast. In addition, they have submitted references for their work history. City staff has checked t he firm’s references and are comfortable with the ability of the contractor to perform the work successfully. Therefore, the recommended action is to award the bid to R. Baker Inc. in the amount of $1,500,584.

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

Fiscal Considerations
Funding for this project is supported by a REAP Grant awarded to the City through the Santa Barbara County Association of Governments (SBCAG).

Available Budget Account Amount
REAP Grant Funds

$ 2,482,958.44
Estimated Expenditures Amount
Award
Contingency (10%)
$ 1,500,584.00
$ 150,058.40
Inspection, Testing, Staff Time $ 50,000.00
Total $ 1,700,642.40

Impact to the Community
The community will benefit from the gravity sewer in Church Street between South Depot Street and South Broadway Street and relief gravity sewers.

ATTACHMENTS

A. Detailed Bid Results
B. Agreement
City of Santa Maria
Bid Results for Project CHURCH STREET SEWER PROJECT (2024‐07) Issued on 09/03/2024
Bid Due on October 31, 2024 2:00 PM (PDT)
BASE BID
Item Num Description Unit of Measure Quantity Unit Price Total Unit Price Total Unit Price Total 1 MOBILIZATION & DEMOBILIZATION LS 1 $40,000.00 $40,000.00 $150,149.10 $150,149.10 $26,000.00 $26,000.00 2 CONSTRUCTION SURVEY LS 1 $19,000.00 $19,000.00 $4,887.84 $4,887.84 $8,000.00 $8,000.00 3 TRAFFIC CONTROL LS 1 $77,000.00 $77,000.00 $71,917.65 $71,917.65 $92,000.00 $92,000.00 4 SHEETING, SHORING AND BRACING LS 1 $63,000.00 $63,000.00 $39,691.87 $39,691.87 $67,100.00 $67,100.00 5 STORM WATER COMPLIANCE LS 1 $16,000.00 $16,000.00 $24,386.16 $24,386.16 $3,100.00 $3,100.00 6 POTHOLING LS 1 $28,500.00 $28,500.00 $37,784.88 $37,784.88 $11,000.00 $11,000.00 7 SANITARY SEWER BYPASSING LS 1 $13,000.00 $13,000.00 $13,149.84 $13,149.84 $90,000.00 $90,000.00 8 12" GRAVITY SEWER LF 2110 $280.00 $590,800.00 $311.24 $656,716.40 $423.00 $892,530.00 98 " GRAVITY RELIEF SEWER LF 400 $360.00 $144,000.00 $311.24 $124,496.00 $397.00 $158,800.00 10 48" TIE‐IN MANHOLE AT S. DEPOT STREET EA 1 $22,200.00 $22,200.00 $27,152.40 $27,152.40 $32,000.00 $32,000.00 11 48" RELIEF DIVERSION MANHOLE AT S. PINE STREET EA 1 $21,000.00 $21,000.00 $27,351.30 $27,351.30 $31,000.00 $31,000.00 12 48" RELIEF DIVERSION MANHOLE AT S. BROADWAY STREET LS 1 $21,000.00 $21,000.00 $27,288.06 $27,288.06 $33,000.00 $33,000.00 13 8” WATER MAIN RELOCATION AT ALLEY WAY WEST OF S. BROADWAY LS 1 $26,500.00 $26,500.00 $21,932.04 $21,932.04 $51,846.00 $51,846.00 14 48" GRAVITY SEWER MANHOLE EA 7 $21,000.00 $147,000.00 $25,059.87 $175,419.09 $34,335.00 $240,345.00 15 REMOVE AND REPLACE TILES AT BROADWAY RELIEF SEWER LS 1 $11,000.00 $11,000.00 $5,385.60 $5,385.60 $16,800.00 $16,800.00 16 1 ‐SACK SLURRY CEMENT BACKFILL CY 15 $310.00 $4,650.00 $609.28 $9,139.20 $168.00 $2,520.00 17 GRIND AND OVERLAY TON 231 $550.00 $127,050.00 $463.93 $107,167.83 $358.00 $82,698.00 Subtotal $1,371,700.00 Subtotal $1,524,015.26 Subtotal $1,838,739.00 BID ALTERNATIVE 1
A1 6" PVC IRRIGATION AND 2" PVC CONTROL WIRING SLEEVES, SLIP CAPS AND WARNING TAPE IN CONNON TRENCH AND MAR LF 1968 $13.00 $25,584.00 $14.17 $27,886.56 $12.00 $23,616.00 Subtotal $25,584.00 Subtotal $27,886.56 Subtotal $23,616.00 BID ALTERNATIVE 2
A2.1 ADDITIONAL COST FOR POLYMER CONCRETE MANHOLES IN LIEU OF STANDARD CONCRETE MANHOLES (BASE BID) EA 7 $11,500.00 $80,500.00 $36,084.70 $252,592.90 $11,200.00 $78,400.00 A2.2 ADDITIONAL COST FOR POLYMER CONCRETE MANHOLES IN LIEU OF STANDARD CONCRETE MANHOLES (BASE BID) AT CHURCH/S. DEPOT, ALLEY/S. BROADWAY, ALLEY/S. PINE EA 3 $7,600.00 $22,800.00 $30,461.20 $91,383.60 $11,200.00 $33,600.00 Subtotal $103,300.00 Subtotal $343,976.50 Subtotal $112,000.00 Total $1,500,584.00 $1,895,878.32 $1,974,355.00
R Baker Inc. The J. F. Will Company, Inc. V. Lopez Jr. & Sons G.E.C., Inc.

Attachment A

Attachment B

AGREEMENT

THIS AGREEMENT, made and entered into this 19th day of November 2024, by and between R. Baker Inc., hereinafter referred to as "Contractor," and the City of Santa Maria in the City of Santa Barbara, California, hereinafter referred to as "Owner."

WITNESSETH:

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

1. That Contractor shall complete the work generally described as follows: Church Street Sewer Line Project (Bid No. 2024-07), in accordance with the Contract Documents as prepared by City of Santa Maria.

Total Bid of ONE-MILLION, FIVE-HUNDRED THOUSAND, FIVE-HUNDRED EIGHTY- FOUR DOLLARS AND ZERO CENTS.

Contract Price in Figures $1,500,584.00

3. Contractor agrees to complete said work within seventy-five (75) days, from the day following the issuance of the Notice to Proceed, and approved extensions thereof, to the satisfaction of Owner before final payment is made.

4. Time is of the essence on this contract.

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

Attachment B

9. Contractor shall maintain insurance as required in Exhibit A. Contractor shall comply with the Federal Funding Requirements in Exhibit B.

10. This contract will be paid for in whole or in part utilizing American Rescue Plan Act funding. Contractor shall follow the federal requirements listed in Exhibit B and any other requirements that may be necessary for contracts paid using American Rescue Plan Act funds. Any required provisions not included in Exhibit B are incorporated by this reference.

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

Attachment B

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

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

13. That this agreement, by reference, includes the contract documents defined in Document 00700, General Conditions. Where terms in the Exhibits or Con tract documents conflict, the more restrictive term shall apply.

(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.)

Attachment B

IN WITNESS WHEREOF, said Contractor and the Mayor of Santa Maria, by Resolution No. 2024-xx of the City Council, of Owner thereunto duly authorized, have caused the names of said parties to be affixed hereto, each in triplicate, the day and year first above written.

CONTRACTOR:

___________________________
Joyce Baker
CEO, R. Baker Inc.

OWNER:

Alice Patino
Mayor, City of Santa Maria

ATTEST:

Donna G. Schwartz
Chief Deputy City Clerk
APPROVED AS TO FORM:

_______________________________
Risk Manager
_______________________________
City Attorney

Attachment B

EXHIBIT “A”

INSURANCE REQUIREMENTS

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

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

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

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

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

Attachment B

B. Minimum Limits of Insurance

Provider shall maintain limits no less than:

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

3. Workers’ Compensation: Statutory limits.

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

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

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

C. Self-insured Retentions

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

D. Other Insurance Requirements

The liability policies are to contain, or be endorsed to contain, the following provisions:

Attachment B

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

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 f or at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non -renewed, and not
replaced with another claims -made policy form with a
Retroactive Date prior to the contract effective date, the Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

E. Acceptability of Insurers

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

Attachment B

F. Verification of Coverage

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

G. Special Risks or Circumstances

The City reserves the right to modify these requirements, including limits, ba sed on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Attachment B

EXHIBIT “B”

FEDERAL FUNDING SOURCE COMPLIANCE PROVISIONS

This Project is funded wholly or in part with federal assistance in the form of a grant issued pursuant to the AMERICAN RESCUE PLAN ACT (ARPA), as such, Contractor acknowledges and agrees to be bound by the additional federal terms and conditions, including but not limited to those contained within this exhibit. Pursuant to 2 C.F.R. Part 200, unless otherwise stated in 41 C.F.R. Part 60, during the performance of this contract, the contractor agrees as follows:

1. TERMINATION

A. BY CITY. CITY may, by written notice to CONTRACTOR, terminate this Agreement in whole or in part at any time, w hether for CITY's convenience, for Non appropriation of funds, or because of the failure of CONTRACTOR to fulfill the obligations herein.

i. For Convenience. CITY may terminate this Agreement in whole or in part upon thirty (30) days written notice. D uring the thirty (30) day period, CONTRACTOR shall, as directed by CITY, wind down and cease its services as quickly and efficiently as reasonably possible, without performing unnecessary services or activities and by minimizing negative effects on CITY from such winding down and cessation of services.

ii. For Non appropriation of Funds. Notwithstanding any other provision of this Agreement, in the event that no funds or insufficient funds are appropriated or budgeted by federal, state or CITY governments, or funds are not otherwise available for payments in the fiscal year(s) covered by the term of this Agreement, then CITY will notify CONTRACTOR of such occurrence and CITY may terminate or suspend this Agreement in whole or in part, with or without a prior notice period. Subsequent to termination of this Agreement under this provision, CITY shall have no obligation to make payments with regard to the remainder of the term.

iii. For Cause. Should CONTRACTOR default in the performanc e of this Agreement or materially breach any of its provisions, CITY may, at CITY's sole option, terminate or suspend this Agreement in whole or in part by written notice. Upon receipt of notice, CONTRACTOR shall immediately discontinue all services affected (unless the notice directs otherwise) and notify CITY as to the status of its performance. The date of termination shall be the date the notice is received by CONTRACTOR, unless the notice directs otherwise.

B. Upon termination, CONTRACTOR shall deliver to CITY all data, estimates, graphs, summaries, reports, and all other property, records, documents or papers as may have been accumulated or produced by CONTRACTOR in performing this Agreement, whether completed or in process, except such items as CITY may, by written permission, permit

Attachment B

CONTRACTOR to retain. Notwithstanding any other payment provision of this Agreement, CITY shall pay CONTRACTOR for satisfactory services performed to the date of termination to include a prorated amount of compe nsation due hereunder less payments, if any, previously made. In no event shall CONTRACTOR be paid an amount in excess of the full price under this Agreement nor for profit on unperformed portions of service. CONTRACTOR shall furnish to CITY such financi al information as in the judgment of CITY is necessary to determine the reasonable value of the services rendered by CONTRACTOR. In the event of a dispute as to the reasonable value of the services rendered by CONTRACTOR, the decision of CITY shall be final. The foregoing is cumulative and shall not affect any right or remedy which CITY may have in law or equity.

2. EQUAL EMPLOYMENT OPPORTUNITY.

During the performance of this Agreement, CONTRACTOR agrees as follows:

A. CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to t heir race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

B. CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of CONTRACTOR, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.

i. CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of CONTRACTOR’S commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

ii. CONTRACTOR agrees to comply with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, as supplemented in Department of Labor regulations (41 CFR Part 60) and all other applicable rules, regulations, and relevant orders of the Secretary of Labor. Title 41 CFR section 60.14 applies to this Agreement and is incorporated herein by this reference with the same force and effect as if the regulation were specifically set out herein and CONTRACTOR agrees to

Attachment B

comply with said regulation.

iii. CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

iv. In the event of CONTRACTOR’S noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be cancelled, terminated, or suspended in whole or in part and CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

v. CONTRACTOR will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (F) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.

3. NONDISCRIMINATION.

A. CONTRACTOR shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this Agreement. Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title V I regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this Agreement.

B. CONTRACTOR shall report any complaints of discrimination on the grounds of

Attachment B

race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome.

C. CONTRACTOR shall incorporate the language in Section 10 (A) through (B). in every agreement with a contract or purchase order funded under this Agreement.

D. CONTRACTOR shall comply with the Age Discrimination Act of 1975, 42 U.S.C. 6101 et seq., as codified at 45 CFR Part 91, which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance.

E. CONTRACTOR shall comply with Title IX of the Education Amendments of 1972, 20 U.S.C. 1681, 1682, 1683, 1685, and 1686, as codified at 45 CFR Part 86, which provides that no person in the United States will, on the basis of sex, be excluded from participation in, be deni ed the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance.

4. PREVAILING WAGE. If this project meets the requirements under U.S.

Treasury’s FAQ dated April 27, 2022, section 6.15 , the Davis -Bacon Act requirements (prevailing wage rates) do not apply to projects funded solely with ARPA awarded funds.

Subrecipients and contractors may be otherwise subject to the requirements of Davis - Bacon Act, when APRA funds are used on a construction project in conjunction with funds from another federal program that requires enforcement of the Davis-Bacon Act. State of California Prevailing Wage Laws will apply to these funds.

5. COPELAND ACT. The CONTRACTOR shall comply with the requirements of 29 CFR Part 3 as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”) which are hereby incorporated by reference in this Agreement. CONTRACTOR is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. In the case of a conflict with California Prevailing Wage law, California Prevailing Wage Law shall apply.

6. CONTRACT WORK HOURS AND SAFETY STANDARDS - OVERTIME COMPENSATION.

A. Overtime requirements. No CONTRACTOR or subcontractor employing laborers or mechanics shall require or permit them to work over 40 hours in any workweek unless they are paid at least 1 and 1/2 times the basic rate of pay for each hour worked over 40 hours.

Attachment B

B. Violation; liability for unpaid wages; liquidated damages. The responsible CONTRACTOR and subcontractor are liable for unpaid wages if they violate the terms in paragraph A. of this clause. In addition, the CONTRACTOR and subcontractor are liable for liquidated damages payable to the Government. The CITY will assess liquidated damages at the rate of $10 per affected employee for each calendar day on which the employer required or permitted the employee to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the Contract Work Hours and Safety Standards statute (found at 40 U.S.C. chapter 37).

C. Withholding for unpaid wages and liquidated damages. The CITY will withhold from payments due under the contract sufficient funds required to satisfy any CONTRACTOR or subcontractor liabilities for unpaid wages and liquidated damages. If amounts withheld under the contract are insufficient to satisfy CONTRACTOR or subcontractor liabilities, the CITY will withhold payments from other Federal or Federally assisted contracts held by the same CONTR ACTOR that are subject to the Contract Work Hours and Safety Standards statute.

D. Payrolls and basic records.

i. The CONTRACTOR and its subcontractors shall maintain payrolls and basic payroll records for all laborers and mechanics working on the contr act during the contract and shall make them available to the Government until 3 years after contract completion. The records shall contain the name and address of each employee, social security number, labor classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. The records need not duplicate those required for construction work by Department of Labor regulations at 29 CFR 5.5(a)(3) implementing the Construction Wage Rate Requirements statute.

ii. The CONTRACTOR and its subcontractors shall allow authorized representatives of the CITY or the Department of Labor to inspect, copy, or transcribe records maintained under paragraph D.1. of this clause. The CONTRACTOR or subcontractor also shall allow authorized representatives of the CITY or Department of Labor to interview employees in the workplace during working hours.

E. Subcontracts. The CONTRACTOR shall insert the provisions set forth in paragraphs A. through D. of this clause in subcontracts may require or involve the employment of laborers and mechanics and require subcontractors to include these provisions in any such lower-tier subcontracts. The CONTRACTOR shall be responsible for compliance b y any subcontractor or lower -tier subcontractor with the provisions set forth in paragraphs “A” through “D” of this clause.

F. In the case of a conflict with California Prevailing Wage law, California Prevailing Wage Law shall apply.

Attachment B

7. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY.

A. CITY shall be the owner of the following items incidental to this Agreement upon production, whether or not completed: all data collected, all documents of any type whatsoever, all photos, designs, sound or audiovisual recordings, software code, inventions, technologies, and other materials, and any material necessary for the practical use of such items, from the time of collection and/or production whether or not performance under this Agreement is completed or terminated prior to completion.

CONTRACTOR shall not release any of such items to other parties except after prior written approval of CITY.

B. Unless otherwise specified in the Agreement, CONTRACTOR hereby assigns to CITY all copyright, patent, and other intellectual property and proprietary rights to all data, documents, reports, photos, designs, sound or audiovisual recordings, software code, inventions, technologies, and other materials prepared or provided by CONTRACTOR pursuant to this Agreement (collectively referred to as “Copyrightable Works and Inventions”). CITY shall have the unrestricted authority to copy, adapt, perform, display, publish, disclose, distribute, create derivative works from, and otherwise use in whole or in part, any Copyrightable Works and Inventions. CONTRACTOR agrees t o take such actions and execute and deliver such documents as may be needed to validate, protect and confirm the rights and assignments provided hereunder. CONTRACTOR warrants that any Copyrightable Works and Inventions and other items provided under this Agreement will not infringe upon any intellectual property or proprietary rights of any third party. CONTRACTOR at its own expense shall defend, indemnify, and hold harmless CITY against any claim that any Copyrightable Works or Inventions or other items provided by CONTRACTOR hereunder infringe upon intellectual or other proprietary rights of a third party, and CONTRACTOR shall pay any damages, costs, settlement amounts, and fees (including attorneys’ fees) that may be incurred by CITY in connection with any such claims. This Ownership of Documents and Intellectual Property provision shall survive expiration or termination of this Agreement.

8. CLEAN AIR ACT.

A. CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

B. CONTRACTOR agrees to report each violation to the California Environmental Protection Agency and understands and agrees that the California Environmental Protection Agency will, in tu rn, report each violation as required to assure notification to the CITY, the Federal Agency which provided funds in support of this Agreement, and the appropriate Environmental Protection Agency Regional Office.

C. CONTRACTOR agrees to include these req uirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance.

Attachment B

9. DEBARMENT AND SUSPENSION.

A. As required by 2 CFR section 200.214, CONTRACTOR warrants that it is not subject to the non -procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 CFR Part 180, which restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities.

B. This certification is a material representation of fact relied upon by CITY. If it is later determined that CONTRACTOR did not comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, in addition to remedies available to the California Governor’s Office of Emergency Services and CITY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

C. This Agreement is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part 3000. As such CONTRACTOR is required to verify that none of the CONTRACTOR, its principals (defined at 2 CFR section 180.995), or its affiliates (defined at 2 CFR section 180.905) are excluded (defined at 2 CFR section 180.940) or disqualified (defined at 2 CFR section 180.935).

D. CONTRACTOR must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

E. The bidder or proposer agrees to comply with the requirements of 2 CFR Part 180, subpart C and 2 CFR Part. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

10. BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C. § 1352 (AS AMENDED).

CONTRACTOR shall file the required certification attached as Attachment A Certification for Contracts, Grants, Loans, and Cooperative Agreement (Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (As Amended), which is incorporated herein by this reference. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352.

Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.

11. DOMESTIC PREFERENCES FOR PROCUREMENTS.

Attachment B

A. As appropriate and to the extent consistent with law, the CONTRACTOR should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, produc ts, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontractor agreements.

B. For purposes of this section:

i. ‘‘Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

ii. ‘‘Manufactured products’’ means items a nd construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer - based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

12. PROHIBITION ON CERTAIN TELECOMM PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT.

A. CONTRACTOR is prohibited from obligating or expending loan or grant funds to:

i. Procure or obtain;

ii. Extend or renew a contract to procure or obtain; or

iii. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115 -232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

B. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment pro duced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

C. Telecommunications or video surveillance services provided by such entities or using such equipment.

D. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably

Attachment B

believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

E. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to tra nsition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.

F. See Public Law 115-232, section 889 for additional information.

G. See also 2 CFR section 200.471.

13. MANDATORY DISCLOSURE.

CONTRACTOR must disclose, in a timely manner, in writing to the CITY all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the award. C ONTRACTOR is required to report certain civil, criminal, or administrative proceedings to the System for Award Management (SAM) located at www.sam.gov.

Failure to make required disclosures can result in any of the remedies described in 2 CFR section 200.338 Remedies for noncompliance, including suspension or debarment. (See also 2 CFR Part 180 and 31 U.S.C. 3321.)

14. REMEDIES FOR NONCOMPLIANCE. In the event CITY determines, in its sole discretion, that CONTRACTOR is not in compliance with the terms and c onditions set forth herein, CITY may:

A. Wholly or partly suspend or terminate the Agreement.

B. Require payments as reimbursements rather than advance payments;

C. Withhold authority to proceed to the next phase until receipt of evidence of acceptable performance within a given period of performance;

D. Require additional, more detailed financial reports;

E. Require additional project monitoring;

F. Requiring CONTRACTOR to obtain technical or management assistance; or

G. Establish additional prior approvals.

H. Take other remedies that may be legally available.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA, CALIFORNIA, AWARDING A BID TO R. BAKER INC., IN THE AMOUNT OF $1,500,584 FOR THE CONSTRUCTION OF THE CHURCH STREET SEWER LINE PROJECT, BID NO. 2024-07

WHEREAS, the City of Santa Maria formally advertised Church Street Sewer Line Project, Bid No. 2024-07 (“Project”); and

WHEREAS, the Notice Inviting Bids was published and posted in compliance with applicable sections of the Public Contract Code; and

WHEREAS, the bids were publicly opened on October 31, 2024; and

WHEREAS, R. Baker Inc., was determined to be the lowest responsive, responsible bidder who included all required documentation, bid bonds, and signatures; and

WHEREAS, project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301.

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

1. The Mayor is hereby authorized and directed to execute, for and on behalf of the City of Santa Maria, an Agreement with R. Baker Inc., for the construction of the Church Street Sewer Line Project, Bid No. 2024-07; and

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

3. The City Manager, or designee, is hereby authorized and directed to designate funds from the following identified REAP Grant Funds account for the approved project in the amount of $1,700,642.40; and

4. The City Manager, or designee, is hereby authorized to approve Contract Change Orders so long as expenditures do not exceed funding approved for the project; and

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.

2 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 19th day of November 2024.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

FOR THE COUNCIL MEETING OF NOVEMBER 19, 2024

COUNCIL AGENDA REPORT

TO: City Council

FROM: Acting City Manager Chuen Wu

BY: Director of Public Works Brett Fulgoni

SUBJECT: Adoption of a Resolution Authorizing an Easement Quitclaim Deed for Emergency Vehicular Travel

Description:

The City Council will consider approving a Resolution to quitclaim the subject easement.

This quitclaim would eliminate the City’s interest in the dedicated easement because the easement will no longer be used for the intended purpose to provide emergency vehicle access to the Hi -Way Drive-In Movie Theater that is being replaced by a single -family residential tract. Adoption of a Resolution to quitclaim this easement is recommended to allow the entitled project to continue with Final Map recordation and construction.

RECOMMENDATION:

Adopt a Resolution to quitclaim the emergency vehicular travel easement located on APN 109-010-012, recorded as instrument 1992-001851.

BACKGROUND:

The City accepted an easement for t he use of emergency vehicle travel as a part of the Hi-Way Drive-In Movie Theater development, as documented in the Grant of Easement for Public Emergency Vehicular Access Way, dedicated November 12, 1991, and recorded January 10, 1992 as Instrument 1992-001851.

DISCUSSION:

As part of the Skylight Homes subdivision and development, the project has a Condition of Approval to quitclaim the easement, as it will no longer be necessary as the site will have adequate roadways and access, and the easement to be quitclaimed is locate d in future building areas. Typically, easements can be removed during the Final Map process, however, since this easement was granted by a separate instrument, and not by a map, it must be quitclaimed in a similar manner. Following the quitclaim of this easement, a request to record the Final Map for this project will be sent to the City Council for approval.
2 Alternative(s)
The City Council may decline to quitclaim the easement. If this is declined, People’s Self- Help Housing (Developer) will have to go t hrough the entitlement process again, which will delay the recordation of a Final Map and the subsequent construction of income restricted single-family homes.

Fiscal Considerations
The Developer has paid the requisite processing fees to review and record this easement quitclaim. No additional financial impacts are anticipated to the community.

Impact to the Community
Approval of the quitclaim will allow the project to continue through the land development process. The project consists of a 49 -unit single-family subdivision that is income restricted by the Developer.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MARIA, CALIFORNIA, TO QUITCLAIM THE EMERGENCY
VEHICULAR TRAVEL EASEMENT LOCATED ON APN 109-010-
012, RECORDED AS INSTRUMENT 1992-001851.

WHEREAS, the City of Santa Maria is the owner of an emergency vehicle travel easement on APN 109-010-012, recorded as Instrument 1992-001851; and

WHEREAS, the easement was created and accepted to provide emergency vehicle access to the Hi-Way Drive-in Movie Theater that has now ceased operation and the land is in the process of redevelopment; and

WHEREAS, with the Hi-Way D rive-in movie Theater operations ceased and future development having private access roads for emergency vehicle access , the City no longer has a need for this easement; and

WHEREAS, the property at APN 109 -010-012 has a Tentative Tract Map, Tract 6033, that has a Condition of Approval to record the subject quitclaim prior to recordation of the Final Map of the subdivision; and

WHEREAS, the City Surveyor has reviewed the easement quitclaim deed and found it to be technically correct.

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

1. The portion of the emergency vehicular travel easement, as shown in Exhibits A, is quitclaimed.

2. From and after the date, Exhibit A is recorded with the Santa Barbara County Clerk-Recorder, the emergency vehicular travel easement as described in Exhibit A shall no longer be or constitute an emergency vehicle travel easement; and

///
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 19th day of November 2024.

Mayor
ATTEST:

Chief Deputy City Clerk

EXHIBIT A – Easement Quitclaim Deed
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director

City Manager

2 Exhibit A

FOR THE COUNCIL MEETING OF NOVEMBER 19, 2024

COUNCIL AGENDA REPORT

TO: City Council

FROM: Acting City Manager Chuen Wu

BY: Director of Public Works Brett Fulgoni

SUBJECT: Adoption of a Resolution Approving Arrow Parcel Map, Tract 6030

Description:

The City Council will consider approving a two-lot subdivision of APN 111-270-005 which will include the dedication of a 10-foot Public Utility Easement.

RECOMMENDATION:

Adopt a Resolution approving the Parcel Map, and a 10-foot wide Public Utility Easement, for the Arrow Parcel Map, Tract 6030.

BACKGROUND:

The tentative parcel map for Tract 6030 subdivision was approved by the Planning Commission on October 19, 2022. The 1.58 -acre lot is located in the 900 block of West McCoy Lane.

This is a subdivision of one lot into two lots for commercial and manufacturing uses.

DISCUSSION:

The Arrow Parcel Map, Tract 6030 has been reviewed and approved by the City Engineer and the Interim Director of Community Development. With input from the Communit y Development and Public Works Departments the establishment of a 10 -foot wide Public Utility Easement was required as a condition of approval.

The City Clerk’s Office is in receipt of the parcel map. No sureties are required for the subdivision, as no public improvements are required. City Council action is required for the approval of a public utility easement.

The Public Works Department has collected the appropriate required fees from the subdivider.

2 Alternative(s)
The City Council could decide to not approve the proposed subdivision and acceptance of easements. This will prohibit further development of APN 111 -270-005 and limit the property’s future potential.

Fiscal Considerations
The City has been reimbursed for all plan checking and administrat ion fees associated with this Parcel Map review.

Impact to the Community
Impacts from this project were addressed and mitigated through environmental and planning processes. This Parcel Map follows the General Plan and Specific Plan for the orderly development of this area of the City.

ATTACHMENTS

A. Tentative Tract Map

Attachment A
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA, CALIFORNIA, APPROVING THE PARCEL MAP, AND A 10-FOOT WIDE PUBLIC UTILITY EASEMENT, FOR THE ARROW PARCEL MAP, TRACT 6030

WHEREAS, the proposed Parcel Map for the subdivision known as the Arrow Parcel Map, Tract 6030, substantially conforms to the tentative map as approved by the Planning Commission of the City of Santa Maria on October 19, 2022, and the conditions as imposed thereon.

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

1. The proposed Parcel Map for the Arrow Parcel Map, Tract 6030, in the form on file with the Chief Deputy City Clerk, is hereby approved, and the Mayor, or in the Mayor's absence the City Manager, is hereby authorized and directed to execute the same on behalf of the City.

2. The City Engineer has examined the parcel map, and that the subdivision is substantially in conformance with the tentative map, and that all provisions of the Subdivision Map Act and Local Ordinances have been complied with.

3. The proposed Parcel Map, Arrow, Tract 6030 in the form on file with the Chief Deputy City Clerk is hereby approved, and the Chief Deputy City Clerk or authorized representative is hereby authorized and directed to execute the same on behalf of the City and coordinate the recordation of the Parcel Map with the Santa Barbara County Clerk-Recorder.

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 November 2024.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

FOR THE COUNCIL MEETING OF NOVEMBER 19, 2024

COUNCIL AGENDA REPORT

TO: City Council

FROM: Acting City Manager Chuen Wu

BY: Director of Public Works Brett Fulgoni

SUBJECT: Adoption of a Resolution Approving an Award of Bid for Minami Parking Lot Reconstruction Project, Bid No. 2024-09

Description:

The City Council will consider approving the award of Bid No. 2024-09 to Ramsey Asphalt Construction Corporation for the construction of the Minami Parking Lot Reconstruction Project, Bid No. 2024 -09. This project will consist of demolition of existing concrete, construction of ADA-accessible curb ramps and pathways, drainage improvements, and parking lot reconstruction.

RECOMMENDATION:

Adopt a Resolution awarding a bid to the Ramsey Asphalt Construction Corp oration, in the amount of $394,057.50, for the construction of Minami Parking Lo t Reconstruction Project, Bid No. 2024-09.

BACKGROUND:

Under the direction of the City of Santa Maria Public Works Department Engineering Division, the project was designed by the Wallace Group of San Luis Obispo. This project will consist of demolition of existing concrete, construction of ADA-accessible curb ramps and pathways, drainage improvements, and parking lot reconstruction.

DISCUSSION:

The project was extensively advertised for bids. The City received two bids, which w ere opened on October 8, 2024. A summary of the bids submitted are as follows:

Bidder Bid Amount
Ramsey Asphalt Construction Corp. $ 394,057.50
R Burke Corporation $ 480,580.00

2 A detailed tabulation of the bids received is attached (Attachment A). Signed proposals and bid bond forms are available for viewing in the office of the Director of Public Works at 110 South Pine Street, Suite 221, Santa Maria, CA 93458.

The lowest responsive, responsible bid was submitted by Ramsey Asphalt Construction Corporation, in the amount of $394,057.50.

The Ramsey Asphalt Construction Corporation, from Santa Maria, CA has performed and successfully completed similar work for many cities throug hout Southern California and on the Central Coast. In addition, they have submitted references for their work history.

City staff has checked the firm’s references and are comfortable with the ability of the contractor to perform the work successfully. Th erefore, the recommended action is to award the bid to Ramsey Asphalt Construction Corp oration, in the amount of $394,057.50.

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

Fiscal Considerations
Sufficient funds for this project have been budgeted in Fiscal Year 2024/2025 from the account titled “Parking Lot Resurfacing (ARPA-17).”

Available Budget Account Amount
047-012-040-52-17 $ 533,424.00
Estimated Expenditures Amount
Award
Contingency (10%)
$ 394,057.50
$ 39,405.75
Inspection, Testing, Staff Time $ 15,000.00
Total $ 448,463.25

Impact to the Community
The community will benefit from the reconstructed parking lot designed and constructed to address ADA path of travel and correct drainage issues, providing access to the existing Minami Center and Park facilities.

ATTACHMENTS

A. Detailed Bid Results
B. Agreement

City of Santa Maria
Bid Results for Project MINAMI PARK PARKING LOT REHABILITATION PROJECT (2024-09) Issued on 09/05/2024
Bid Due on October 08, 2024 2:00 PM (PDT)
Item Num Description Unit of Measure Quantity Unit Price Line Total Unit Price Line Total 1 TRAFFIC CONTROL SYSTEM LS 1 $0.00 $0.00 $12,000.00 $12,000.00 2 PREPARE WATER POLLUTION CONTROL PROGRAM LS 1 $0.00 $0.00 $12,000.00 $12,000.00 3 TEMPORARY DRAINAGE INLET PROTECTION EA 1 $1,250.00 $1,250.00 $400.00 $400.00 4 STREET SWEEPING LS 1 $1,500.00 $1,500.00 $9,000.00 $9,000.00 5 REMOVE CONCRETE SQYD 180 $191.00 $34,380.00 $60.00 $10,800.00 6 CLEARING AND GRUBBING LS 1 $0.00 $0.00 $9,500.00 $9,500.00 7 ROADWAY EXCAVATION CY 15 $275.00 $4,125.00 $400.00 $6,000.00 8 RESET BENCH EA 1 $500.00 $500.00 $500.00 $500.00
9 CHECK AND TEST EXISTING IRRIGATION FACILITIES LS 1 $1,500.00 $1,500.00 $2,600.00 $2,600.00 10 CLASS 2 AGGREGATE BASE CY 20 $200.00 $4,000.00 $190.00 $3,800.00 11 HOT MIX ASPHALT (TYPE A) TON 1020 $190.00 $193,800.00 $220.00 $224,400.00 12 COLD PLANE ASPHALT CONCRETE PAVEMENT SQYD 4690 $16.63 $77,994.70 $10.00 $46,900.00 13 ADJUST BOX FRAME AND COVER TO GRADE EA 1 $750.00 $750.00 $2,000.00 $2,000.00 14 MINOR CONCRETE (CURB) LF 90 $250.00 $22,500.00 $110.00 $9,900.00 15 MINOR CONCRETE (VERTICAL CURB) LF 20 $225.00 $4,500.00 $114.00 $2,280.00 16 MINOR CONCRETE (VALLEY GUTTER) CY
5 $400.00 $2,000.00 $1,800.00 $9,000.00
17 DETECTABLE WARNING SURFACE SQFT 50 $125.00 $6,250.00 $70.00 $3,500.00 18 MINOR CONCRETE (CURB AND GUTTER) LF 26 $435.00 $11,310.00 $120.00 $3,120.00 19 MINOR CONCRETE (SIDEWALK) CY 12 $900.00 $10,800.00 $1,650.00 $19,800.00 20 MINOR CONCRETE (CURB RAMP) CY 5 $250.00 $1,250.00 $1,900.00 $9,500.00 21 PAINT CURB (2-COAT) SQFT 220 $12.99 $2,857.80 $12.00 $2,640.00 22 RELOCATE ROADSIDE SIGN EA 2 $375.00 $750.00 $500.00 $1,000.00 23 4" PAINTED TRAFFIC STRIPE LF 4240 $2.25 $9,540.00 $6.00 $25,440.00 24 PAVEMENT MARKING (PAINT) SQFT 100 $25.00 $2,500.00 $45.00 $4,500.00 25 MOBILIZATION (10%) LS 1 $0.00 $0.00 $50,000.00 $50,000.00 Total: $394,057.50 Total: $480,580.00
Ramsey Asphalt Construction Corp. R Burke Corporation
Attachment A
Attachment B

AGREEMENT

THIS AGREEMENT, made and entered into this 19th day of November 2024, by and between Ramsey Asphalt Construction Corp., hereinafter referred to as "Contractor," and the City of Santa Maria in the City of Santa Barbara, California, hereinafter referred to as "Owner."

WITNESSETH:

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

1. That Contractor shall complete the work generally described as follows: Minami Park Parking Lot Rehabilitation Project (Bid No. 2024-09), in accordance with the Contract Documents as prepared by City of Santa Maria.

Total Bid of THREE-HUNDRED NINETY-FOUR THOUSAND, FIFTY-SEVEN DOLLARS AND FIFTY CENTS.

Contract Price in Figures $394,057.50

3. Contractor agrees to complete said work within twenty-five (25) days, from the day following the issuance of the Notice to Proceed, and approved extensions thereof, to the satisfaction of Owner before final payment is made.

4. Time is of the essence on this contract.

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

Attachment B

9. Contractor shall maintain insurance as required in Exhibit A. Contractor shall comply with the Federal Funding Requirements in Exhibit B.

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

Attachment B

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

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

13. That this agreement, by reference, includes the contract documents defined in Document 00700, General Conditions. Where terms in the Exhibits or Contra ct documents conflict, the more restrictive term shall apply.

(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.)
Attachment B

CONTRACTOR:

___________________________
Scott Ramey
President
Ramsey Asphalt Construction Corp.

OWNER:

Alice Patino
Mayor, City of Santa Maria

ATTEST:

Donna G. Schwartz
Chief Deputy City Clerk
APPROVED AS TO FORM:

_______________________________
Risk Manager
_______________________________
City Attorney

Attachment B

EXHIBIT “A”

INSURANCE REQUIREMENTS

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

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

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

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

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

Attachment B

B. Minimum Limits of Insurance

Provider shall maintain limits no less than:

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

3. Workers’ Compensation: Statutory limits.

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

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

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

C. Self-insured Retentions

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

D. Other Insurance Requirements

The liability policies are to contain, or be endorsed to contain, the following provisions:

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

E. Acceptability of Insurers

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

Attachment B

F. Verification of Coverage

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

G. Special Risks or Circumstances

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

Attachment B

EXHIBIT “B”

FEDERAL FUNDING SOURCE COMPLIANCE PROVISIONS

1. TERMINATION

A. BY CITY. CITY may, by written notice to CONTRACTOR, terminate this Agreement in whole or in part at any time, whether for CITY's convenience, for Non appropriation of funds, or because of the failure of CONTRACTOR to fulfill the obligations herein.

i. For Convenience. CITY may terminate this Agreement in whole or in part upon thirty (30) days written notice. During the thirty (30) day period, CONTRACTOR shall, as directed by CITY, wind down and cease its services as quickly and efficiently as reasonably possible, without performing unnecessary services or activities and by minimizing negative effects on CITY from such winding down and cessation of services.

ii. For Non appropriation of Funds. Notwithstanding any other provision of this Agreement, in the even t that no funds or insufficient funds are appropriated or budgeted by federal, state or CITY governments, or funds are not otherwise available for payments in the fiscal year(s) covered by the term of this Agreement, then CITY will notify CONTRACTOR of such occurrence and CITY may terminate or suspend this Agreement in whole or in part, with or without a prior notice period. Subsequent to termination of this Agreement under this provision, CITY shall have no obligation to make payments with regard to the remainder of the term.

iii. For Cause. Should CONTRACTOR default in the performance of this Agreement or materially breach any of its provisions, CITY may, at CITY's sole option, terminate or suspend this Agreement in whole or in part by written notice. Upon receipt of notice, CONTRACTOR shall immediately discontinue all services affected (unless the notice directs otherwise) and notify CITY as to the status of its performance. The date of termination shall be the date the notice is received by CONTRACTOR, unless the notice directs otherwise.

B. Upon termination, CONTRACTOR shall deliver to CITY all data, estimates, graphs, summaries, reports, and all other property, records , documents or papers as may have been accumulated or produced by CONTRACTOR in performing this Agreement, whether completed or in process, except such items as CITY may, by written permission, permit Attachment B

CONTRACTOR to retain. Notwithstanding any other paymen t provision of this Agreement, CITY shall pay CONTRACTOR for satisfactory services performed to the date of termination to include a prorated amount of compensation due hereunder less payments, if any, previously made. In no event shall CONTRACTOR be paid an amount in excess of the full price under this Agreement nor for profit on unperformed portions of service. CONTRACTOR shall furnish to CITY such financial information as in the judgment of CITY is necessary to determine the reasonable value of the ser vices rendered by CONTRACTOR. In the event of a dispute as to the reasonable value of the services rendered by CONTRACTOR, the decision of CITY shall be final. The foregoing is cumulative and shall not affect any right or remedy which CITY may have in law or equity.

2. EQUAL EMPLOYMENT OPPORTUNITY.

During the performance of this Agreement, CONTRACTOR agrees as follows:

A. CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

ii. CONTRACTOR agrees to comply with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, as supplemented in Department of Labor regulations (41 CFR Part 60) and all other applicable rules, regulations, and relevant orders of the Secretary of Labor. Title 41 CFR section 60.14 applies to this Agreement and is incorporated herein by th is reference with the same force and effect as if the regulation were specifically set out herein and CONTRACTOR agrees to Attachment B

comply with said regulation.

iv. In the event of CONTRACTOR’S noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or ord ers, this Agreement may be cancelled, terminated, or suspended in whole or in part and CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execu tive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

3. NONDISCRIMINATION.

A. CONTRACTOR shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the b asis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this Agreement. Title VI also includ es protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this Agreement.

B. CONTRACTOR shall report any complaints of discrimination on the grounds of Attachment B

C. CONTRACTOR shall incorporate the language in Section 10 (A) through (B). in every agreement with a contract or purchase order funded under this Agreement.

E. CONTRACTOR shall comply with Title IX of the Education Amendments of 1972, 20 U.S.C. 1681, 1682, 1683, 1685, and 1686, as codified at 45 CFR Part 86, which provides that no person in the United State s will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance.

4. PREVAILING WAGE. If this project meets the re quirements under U.S.

Treasury’s FAQ dated April 27, 2022, section 6.15, the Davis -Bacon Act requirements (prevailing wage rates) do not apply to projects funded solely with ARPA awarded funds.

5. COPELAND ACT. The CONTRACTOR shall comply with the requirements of 29 CFR Part 3 as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loan s or Grants from the United States”) which are hereby incorporated by reference in this Agreement. CONTRACTOR is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of t he compensation to which he or she is otherwise entitled. In the case of a conflict with California Prevailing Wage law, California Prevailing Wage Law shall apply.

6. CONTRACT WORK HOURS AND SAFETY STANDARDS - OVERTIME COMPENSATION.

Attachment B

B. Violation; liability for unpaid wages; liquidated damages. The responsible CONTRACTOR and subcontractor are liable for unpaid wages if they violate the terms in paragraph A. of this clause. In addition, the CONTRACTOR and subcontractor are liable for liquidate d damages payable to the Government. The CITY will assess liquidated damages at the rate of $10 per affected employee for each calendar day on which the employer required or permitted the employee to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the Contract Work Hours and Safety Standards statute (found at 40 U.S.C. chapter 37).

C. Withholding for unpaid wages and liquidated damages. The CITY will withhold from payments due under the contract sufficient funds required to satisfy any CONTRACTOR or subcontractor liabilities for unpaid wages and liquidated damages. If amounts withheld under the contract are insufficient to satisfy CONTRACTOR or subcontractor liabilities, the CITY will withhold payments from other Federal or Federally assisted contracts held by the same CONTRACTOR that are subject to the Contract Work Hours and Safety Standards statute.

D. Payrolls and basic records.

i. The CONTRACTOR and its subcontractors shall maintain payrolls and ba sic payroll records for all laborers and mechanics working on the contract during the contract and shall make them available to the Government until 3 years after contract completion. The records shall contain the name and address of each employee, so cial security number, labor classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. The records need not duplicate those required for construction work by Department of Labor regulations at 29 CFR 5.5(a)(3) implementing the Construction Wage Rate Requirements statute.

E. Subcontracts. The CONTRAC TOR shall insert the provisions set forth in paragraphs A. through D. of this clause in subcontracts may require or involve the employment of laborers and mechanics and require subcontractors to include these provisions in any such lower-tier subcontracts. The CONTRACTOR shall be responsible for compliance by any subcontractor or lower -tier subcontractor with the provisions set forth in paragraphs “A” through “D” of this clause.

F. In the case of a conflict with California Prevailing Wage law, California Prevailing Wage Law shall apply.

Attachment B

7. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY.

A. CITY shall be the owner of the following items incidental to this Agreement upon production, whether or not completed: all data collected, all documents of any typ e whatsoever, all photos, designs, sound or audiovisual recordings, software code, inventions, technologies, and other materials, and any material necessary for the practical use of such items, from the time of collection and/or production whether or not performance under this Agreement is completed or terminated prior to completion.

CONTRACTOR shall not release any of such items to other parties except after prior written approval of CITY.

B. Unless otherwise specified in the Agreement, CONTRACTOR hereb y assigns to CITY all copyright, patent, and other intellectual property and proprietary rights to all data, documents, reports, photos, designs, sound or audiovisual recordings, software code, inventions, technologies, and other materials prepared or prov ided by CONTRACTOR pursuant to this Agreement (collectively referred to as “Copyrightable Works and Inventions”). CITY shall have the unrestricted authority to copy, adapt, perform, display, publish, disclose, distribute, create derivative works from, and otherwise use in whole or in part, any Copyrightable Works and Inventions. CONTRACTOR agrees to take such actions and execute and deliver such documents as may be needed to validate, protect and confirm the rights and assignments provided hereunder. CON TRACTOR warrants that any Copyrightable Works and Inventions and other items provided under this Agreement will not infringe upon any intellectual property or proprietary rights of any third party. CONTRACTOR at its own expense shall defend, indemnify, an d hold harmless CITY against any claim that any Copyrightable Works or Inventions or other items provided by CONTRACTOR hereunder infringe upon intellectual or other proprietary rights of a third party, and CONTRACTOR shall pay any damages, costs, settleme nt amounts, and fees (including attorneys’ fees) that may be incurred by CITY in connection with any such claims. This Ownership of Documents and Intellectual Property provision shall survive expiration or termination of this Agreement.

8. CLEAN AIR ACT.

A. CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

B. CONTRACTOR agrees to report each violation to the California Environmental Protection Agency and understands and agrees that the California Environmental Protection Agency will, in turn, report each violation as required to assure notification to the CITY, the Federal Agency which provided funds in support of this Agreement, and the appropriate Environmental Protection Agency Regional Office.

C. CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance.

Attachment B

9. DEBARMENT AND SUSPENSION.

B. This certification is a material r epresentation of fact relied upon by CITY. If it is later determined that CONTRACTOR did not comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, in addition to remedies available to the California Governor’s Office of Emergency Services and CITY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

C. This Agreement is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part 3000. As such CONTRACTOR is required to veri fy that none of the CONTRACTOR, its principals (defined at 2 CFR section 180.995), or its affiliates (defined at 2 CFR section 180.905) are excluded (defined at 2 CFR section 180.940) or disqualified (defined at 2 CFR section 180.935).

10. BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C. § 1352 (AS AMENDED).

CONTRACTOR shall file the required certification attached as Attachment A Certification for Contracts, Grants, Loans, and Cooperative Agreement (Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (As Amended), which is incorporated herein by this reference. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attem pting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352.

11. DOMESTIC PREFERENCES FOR PROCUREMENTS.

Attachment B

A. As appropriate and to the extent consistent with law, the CONTRACTOR should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontractor agreements.

B. For purposes of this section:

i. ‘‘Produced in the United States’’ means, for iron and steel prod ucts, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

ii. ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous m etals such as aluminum; plastics and polymer - based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

12. PROHIBITION ON CERTAIN TELECOMM PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT.

A. CONTRACTOR is prohibited from obligating or expending loan or grant funds to:

i. Procure or obtain;

ii. Extend or renew a contract to procure or obtain; or

iii. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Publi c Law 115 -232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

B. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Techn ology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

C. Telecommunications or video surveillance services provided by such entities or using such equipment.

believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

E. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencie s administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered commun ications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.

F. See Public Law 115-232, section 889 for additional information.

G. See also 2 CFR section 200.471.

13. MANDATORY DISCLOSURE.

CONTRACTOR must disclose, in a timely manner, in writing to the CITY all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the award. CONTRACTOR is required to re port certain civil, criminal, or administrative proceedings to the System for Award Management (SAM) located at www.sam.gov.

14. REMEDIES FOR NONCOMPLIANCE. In the event CITY determines, in its sole discretion, that CONTRACTOR is not in compliance with the terms and conditions set forth herein, CITY may:

A. Wholly or partly suspend or terminate the Agreement.

B. Require payments as reimbursements rather than advance payments;

C. Withhold authority to proceed to the next phase until receipt of evidence of acceptable performance within a given period of performance;

D. Require additional, more detailed financial reports;

E. Require additional project monitoring;

F. Requiring CONTRACTOR to obtain technical or management assistance; or

G. Establish additional prior approvals.

H. Take other remedies that may be legally available.

RESOLUTION NO.

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

CALIFORNIA, AWARDING A BID TO THE RAMSEY ASPHALT CONSTRUCTION CORPORATION, IN THE AMOUNT OF $394,057.50 FOR THE CONSTRUCTION OF MINAMI PARKING LOT RECONSTRUCTION PROJECT, BID NO. 2024-09

WHEREAS, the City of Santa Maria formally advertised the Minami Parking Lot Reconstruction Project, Bid No. 2024-09 (“Project”); and

WHEREAS, the Notice Inviting Bids was published and posted in compliance with applicable sections of the Public Contract Code; and

WHEREAS, the bids were publicly opened on Planet Bids on October 8, 2024; and

WHEREAS, Ramsey Asphalt Construction Corp. was determined to be the lowest responsive, responsible bidder who included all required documentation, bid bonds, and signatures; and

WHEREAS, the project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301.

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

1. The Mayor is hereby authorized and directed to execute, for and on behalf of the City of Santa Maria, a n Agreement with the Ramsey Asphalt Construction Corp oration for the Minami Parking Lot Reconstruction Project, Bid No. 2024-09; and

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

3. The City Manager, or designee, is hereby authorized and directed to designate funds from the following identified account: Parking Lot Resurfacing (ARPA-17) for the approved project in the amount of $448,463.25; and

4. The City Manager, or designee, is hereby authorized to approve Contract Change Orders so long as expenditures do not exceed funding approved for the project; and

2 5. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as subs tantial 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 November 2024.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

FOR THE COUNCIL MEETING OF NOVEMBER 19, 2024

COUNCIL AGENDA REPORT

TO: City Council

FROM: Acting City Manager Chuen Wu

BY: Director of Public Works Brett Fulgoni

SUBJECT: Adoption of a Resolution Approving an Award of Bid for Preisker Park Parking Lot Rehabilitation Project, Bid No. 2024-10

Description:

The City Council will consider approving the award of Bid No. 2024 -10 to The J.F. Will Company Inc. for the construction of the Preisker Park Parking Lot Rehabilitation Project.

This project will consist of demolition of existing concrete, construction of ADA accessible curb ramps and pathways, drainage improvements, and parking lot reconstruction.

RECOMMENDATION:

Adopt a Resolution awarding a bid to The J.F. Will Company Inc., in the amount of $119,107 for the construction of Preisker Park Parking Rehabilitation Pr oject, Bid No. 2024-10.

BACKGROUND:

Under the direction of the City of Santa Maria Recreation and Parks Department, the project was designed by Baxter Miller Landscape Architects. This project will consist of demolition of existing concrete, constructi on of ADA accessible curb ramps and pathways, drainage improvements, and parking lot reconstruction.

DISCUSSION:

The project was extensively advertised for bids. The City received two bids, which was opened on October 17, 2024. A summary of the bids submitted are as follows:

Bidder Bid Amount
The J.F. Will Company Inc. $119,107.00
RCH Construction $19,968,999.00

2 A detailed tabulation of the bids received is attached (Attachment A). Signed proposals and bid bond forms are available for viewing in the office of the Director of Public Works at 110 South Pine Street, Suite 221, Santa Maria, CA 93458

The lowest responsive, responsible bid was submitted by The J.F. Will Company Inc., in the amount of $119,107.

The J.F. Will Company Inc., from Santa Maria, CA has performed and successfully completed similar work for many cities throughout Southern California and on the Central Coast. In addition, they have submit ted references for their work history. City staff has checked the firm’s references and are comfortable with the ability of the contractor to perform the work successfully. Therefore, the recommended action is to award the bid to The J.F. Will Company Inc. in the amount of $119,107.

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

Fiscal Considerations
Sufficient funds for this project have been budgeted in Fiscal Year 2024/2025 from the account titled “Parking Lot Resurfacing (ARPA-17).”

Available Budget Account Amount
047-012-040-52-17

$ 1,072,583.00
Estimated Expenditures Amount
Award
Contingency (10%)
$ 119,107.00
$ 11,910.70
Inspection, Testing, Staff Time $ 10,000.00
Total $ 141,017.70

ATTACHMENTS

A. Detailed Bid Results
B. Agreement

City of Santa Maria
Bid Results for Project PREISKER PARK PARKING LOT IMPROVEMENT PROJECT (2024‐10) Issued on 09/05/2024
Bid Due on October 17, 2024 2:00 PM (PDT)
BASE BID
Item Description Unit Qty Unit Price Line Total Unit Price Line Total 1 TRAFFIC CONTROL SYSTEM LS 1 $2,600.00 $2,600.00 $9,113.00 $9,113.00 2 PREPARE WATER POLLUTION CONTROL PROGRAM LS 1 $3,400.00 $3,400.00 $1,620.00 $1,620.00 3 TEMPORARY DRAINAGE INLET PROTECTION LS 1 $6,500.00 $6,500.00 $1,763.00 $1,763.00 4 STREET SWEEPING LS 1 $16,620.00 $16,620.00 $101.00 $101.00 5 REMOVE CONCRETE LS 1 $4,884.00 $4,884.00 $13,697.00 $13,697.00 6 CLEARING AND GRUBBING LS 1 $18,387.00 $18,387.00 $9,517.00 $9,517.00 7 EXCAVATION LS 1 $20,393.00 $20,393.00 $12,476.00 $12,476.00 8 CHECK AND TEST EXISTING IRRIGATION FACILITIES LS 1 $10,330.00 $10,330.00 $2,672.00 $2,672.00 9 CLASS 2 AGGREGATE BASE CY 5 $517.00 $2,585.00 $3,369.00 $16,845.00 10 MINOR CONCRETE (6" CURB, RD‐11) LF 45 $74.00 $3,330.00 $5,859.00 $263,655.00 11 MINOR CONCRETE (CURB RAMP) SF 220 $35.00 $7,700.00 $6,480.00 $1,425,600.00 12 DETECTABLE WARNING SURFACE SQFT 15 $50.00 $750.00 $1,509.00 $22,635.00 13 WHEEL STOP EA 12 $240.00 $2,880.00 $3,240.00 $38,880.00 14 PAINT CURB (2‐COAT) LS 1 $900.00 $900.00 $1,013.00 $1,013.00 15 POST AND SIGN EA 2 $480.00 $960.00 $797.00 $1,594.00 16 4" PAINTED TRAFFIC STRIPE LF 4240 $1.20 $5,088.00 $2,862.00 $12,134,880.00 17 PAVEMENT MARKINGS AND STRIPING (PAINT) LS 1 $3,300.00 $3,300.00 $3,713.00 $3,713.00 18 MOBILIZATION (10%) LS 1 $8,500.00 $8,500.00 $9,225.00 $9,225.00 Subtotal $119,107.00 Subtotal $13,968,999.00
ADD ALTERNATE BID SCHEDULE A
Item Description Unit Qty Unit Price Line Total Unit Price Line Total A1 Hot Mix Asphalt Mill Grind and Replace (Type A, 4" thk., " aggregate) SQFT 13000 $4.88 $63,440.00 $75,464.00 $981,032,000.00 Subtotal $63,440.00 Subtotal $981,032,000.00
ADD ALTERNATE BID SCHEDULE B
Item Description Unit Qty Unit Price Line Total Unit Price Line Total B1 Hot Mix Asphalt Mill Grind and Replace (Type A, 4" thk., " aggregate) SQFT 8000 $4.88 $39,040.00 $48,600.00 $388,800,000.00 Subtotal $39,040.00 Subtotal $388,800,000.00
ADD ALTERNATE BID SCHEDULE C
Item Description Unit Qty Unit Price Line Total Unit Price Line Total C1 Hot Mix Asphalt Mill Grind and Replace (Type A, 4" thk., " aggregate) SQFT 25000 $4.88 $122,000.00 $145,125.00 $3,628,125,000.00 Subtotal $122,000.00 Subtotal $3,628,125,000.00
ADD ALTERNATE BID SCHEDULE D
Item Description Unit Qty Unit Price Line Total Unit Price Line Total D1 Hot Mix Asphalt Mill Grind and Replace (Type A, 4" thk., " aggregate) SQFT 1000 $4.88 $4,880.00 $11,475.00 $11,475,000.00 Subtotal $4,880.00 Subtotal $11,475,000.00
ADD ALTERNATE BID SCHEDULE E
Item
Description Unit Qty Unit Price Line Total Unit Price Line Total E1 Hot Mix Asphalt Mill Grind and Replace (Type A, 4" thk., " aggregate) SQFT 4000 $4.88 $19,520.00 $29,025.00 $116,100,000.00 Subtotal $19,520.00 Subtotal $116,100,000.00
ADD ALTERNATE BID SCHEDULE F
Item Description Unit Qty Unit Price Line Total Unit Price Line Total F1 Hot Mix Asphalt Mill Grind and Replace (Type A, 4" thk., " aggregate) SQFT 11000 $4.88 $53,680.00 $107,754.00 $1,185,294,000.00 Subtotal $53,680.00 Subtotal $1,185,294,000.00
Grand Total $421,667.00 $6,324,794,999.00
The J. F. Will Company, Inc. RCH Construction
Attachment A

Attachment B

AGREEMENT

THIS AGREEMENT, made and entered into this 19th day of November 2024, by and between The J.F. Will Company, Inc., hereinafter referred to as "Contractor," and the City of Santa Maria in the City of Santa Barbara, California, hereinafter referred to as "Owner."

WITNESSETH:

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

1. That Contractor shall complete the work generally described as follows: Preisker Park Parking Rehabilitation Project (Bid No. 2024-10), in accordance with th e Contract Documents as prepared by City of Santa Maria.

Total Bid of ONE-HUNDRED NINETEEN THOUSAND, ONE-HUNDRED AND SEVEN DOLLARS AND ZERO CENTS.

Contract Price in Figures $119,107.00

4. Time is of the essence on this contract.

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

Attachment B

9. Contractor shall maintain insurance as required in Exhibit A. Contractor shall comply with the Federal Funding Requirements in Exhibit B.

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

Attachment B

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

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

13. That this agreement, by reference, includes the contract documents defined in Document 00700, General Conditions. Where terms in the Exhibits or Contra ct documents conflict, the more restrictive term shall apply.

(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK)

Attachment B

CONTRACTOR:

___________________________
John Will
President, The J.F. Will Company, Inc.

OWNER:

Alice Patino
Mayor, City of Santa Maria

ATTEST:

Donna G. Schwartz
Chief Deputy City Clerk
APPROVED AS TO FORM:

_______________________________
Risk Manager
_______________________________
City Attorney

Attachment B

EXHIBIT “A”

INSURANCE REQUIREMENTS

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

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

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

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

B. Minimum Limits of Insurance

Provider shall maintain limits no less than:

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

Attachment B

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.

C. Self-insured Retentions

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

D. Other Insurance Requirements

The liability policies are to contain, or be endorsed to cont ain, 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 Provid er 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 Provider’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).

Attachment B

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.

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

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.

Attachment B

EXHIBIT “B”

FEDERAL FUNDING SOURCE COMPLIANCE PROVISIONS

1. TERMINATION

A. BY CITY. CITY may, by written notice to CONTRACTOR, terminate this Agreement in whole or in part at any time, whether for CITY's convenience, for Non appropriation of funds, or because of the failure of CONTRACTOR to fulfill the obligations herein.

i. For Convenience. CITY may terminate this Agreement in whole or in part upon thirty (30) days written notice. During the thirty (30) day period, CONTRACTOR shall, as directed by CITY, wind down and cease its services as quickly and efficiently as reasonably possible, without performing unnecessary services or activities and by minimizing negative effects on CITY from such winding down and cessation of services.

iii. For Cause. Should CONTRACTOR default in the performance of this Agreement or materially breach any of its provisions, CITY may, at CITY's sole option, terminate or suspend this Agreement in whole or in part by written notice. Upon receipt of notice, CONTRACTOR shall immediately discontinue all services affected (unless the notice directs otherwise) and no tify CITY as to the status of its performance. The date of termination shall be the date the notice is received by CONTRACTOR, unless the notice directs otherwise.

Attachment B

CONTRACTOR to retain. Notwithstanding any other payment provision of this Agreement, CITY shall pay CONTRACTOR for satisfactory services performed to the date of termination to include a prorated amount of compensation due hereun der less payments, if any, previously made. In no event shall CONTRACTOR be paid an amount in excess of the full price under this Agreement nor for profit on unperformed portions of service. CONTRACTOR shall furnish to CITY such financial information as in the judgment of CITY is necessary to determine the reasonable value of the services rendered by CONTRACTOR. In the event of a dispute as to the reasonable value of the services rendered by CONTRACTOR, the decision of CITY shall be final. The foregoing is cumulative and shall not affect any right or remedy which CITY may have in law or equity.

2. EQUAL EMPLOYMENT OPPORTUNITY.

During the performance of this Agreement, CONTRACTOR agrees as follows:

A. CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, c olor, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensatio n; and selection for training, including apprenticeship. CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

ii. CONTRACTOR agrees to comply with Executive Order 11246 of September 24 , 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, as supplemented in Department of Labor regulations (41 CFR Part 60) and all other applicable rules, regulations, and relevant orders of the Secret ary of Labor. Title 41 CFR section 60.14 applies to this Agreement and is incorporated herein by this reference with the same force and effect as if the regulation were specifically set out herein and CONTRACTOR agrees to

Attachment B

comply with said regulation.

iii. CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and acco unts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

iv. In the event of CONTRACTOR’S noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be cancelled, terminated, or suspended in whole or in part and CONTRACTOR may be declared ineligible for further Government contracts or federally assist ed construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

v. CONTRACTOR will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (F) in every subcontract or purcha se order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

3. NONDISCRIMINATION.

A. CONTRACTOR shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this Agreem ent. Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 C FR Part 22, and herein incorporated by reference and made a part of this Agreement.

B. CONTRACTOR shall report any complaints of discrimination on the grounds of

Attachment B

C. CONTRACTOR shall incorporate the language in Section 10 (A) thro ugh (B). in every agreement with a contract or purchase order funded under this Agreement.

D. CONTRACTOR shall comply with the Age Discrimination Act of 1975, 42 U.S.C. 6101 et seq., as codified at 45 CFR Part 91, which prohibits discrimination on the ba sis of age in any program or activity receiving Federal financial assistance.

E. CONTRACTOR shall comply with Title IX of the Education Amendments of 1972, 20 U.S.C. 1681, 1682, 1683, 1685, and 1686, as codified at 45 CFR Part 86, which provides that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance.

4. PREVAILING WAGE. If this project meets the requirements under U.S.

Treasury’s FAQ dated April 27, 2022, section 6.15, the Davis -Bacon Act requirements (prevailing wage rates) do not apply to projects funded solely with ARPA awarded funds.

6. CONTRACT WORK HOURS AND SAFETY STANDARDS - OVERTIME COMPENSATION.

Attachment B

C. Withholding for unpaid wages and liquidated damages. The CITY will withhold from payments due under the contract sufficient funds required to satisfy any CONTRACTOR or subcontractor liabilities for unpaid wages and liquidated damages. If amounts withheld under the contract are insufficient to satisfy CONTRACTOR or s ubcontractor liabilities, the CITY will withhold payments from other Federal or Federally assisted contracts held by the same CONTRACTOR that are subject to the Contract Work Hours and Safety Standards statute.

D. Payrolls and basic records.

i. The CONTR ACTOR and its subcontractors shall maintain payrolls and basic payroll records for all laborers and mechanics working on the contract during the contract and shall make them available to the Government until 3 years after contract completion. The recor ds shall contain the name and address of each employee, social security number, labor classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. The records need not duplicate those requ ired for construction work by Department of Labor regulations at 29 CFR 5.5(a)(3) implementing the Construction Wage Rate Requirements statute.

ii. The CONTRACTOR and its subcontractors shall allow authorized representatives of the CITY or the Depa rtment of Labor to inspect, copy, or transcribe records maintained under paragraph D.1. of this clause. The CONTRACTOR or subcontractor also shall allow authorized representatives of the CITY or Department of Labor to interview employees in the workplace during working hours.

E. Subcontracts. The CONTRACTOR shall insert the provisions set forth in paragraphs A. through D. of this clause in subcontracts may require or involve the employment of laborers and mechanics and require subcontractors to in clude these provisions in any such lower-tier subcontracts. The CONTRACTOR shall be responsible for compliance by any subcontractor or lower -tier subcontractor with the provisions set forth in paragraphs “A” through “D” of this clause.

F. In the case of a conflict with California Prevailing Wage law, California Prevailing Wage Law shall apply.

Attachment B

7. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY.

CONTRACTOR shall not release any of such items to other parties except after prior written approval of CITY.

B. Unless otherwise specified in the Agreement, CONTRACTOR hereby assigns to CITY all copyright, patent, and other intellectual property and proprietary rights to all data, documents, reports, photos, designs, sound or audiovisual recordings, software code, inventions, technologies, and other materials prepared or provided by CONTRACTO R pursuant to this Agreement (collectively referred to as “Copyrightable Works and Inventions”). CITY shall have the unrestricted authority to copy, adapt, perform, display, publish, disclose, distribute, create derivative works from, and otherwise use in whole or in part, any Copyrightable Works and Inventions. CONTRACTOR agrees to take such actions and execute and deliver such documents as may be needed to validate, protect and confirm the rights and assignments provided hereunder. CONTRACTOR warrants that any Copyrightable Works and Inventions and other items provided under this Agreement will not infringe upon any intellectual property or proprietary rights of any third party. CONTRACTOR at its own expense shall defend, indemnify, and hold harmless CITY against any claim that any Copyrightable Works or Inventions or other items provided by CONTRACTOR hereunder infringe upon intellectual or other proprietary rights of a third party, and CONTRACTOR shall pay any damages, costs, settlement amounts, and fees (including attorneys’ fees) that may be incurred by CITY in connection with any such claims. This Ownership of Documents and Intellectual Property provision shall survive expiration or termination of this Agreement.

8. CLEAN AIR ACT.

A. CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

B. CONTRACTOR agrees to report each violation to the California Environmental Protection Agency and underst ands and agrees that the California Environmental Protection Agency will, in turn, report each violation as required to assure notification to the CITY, the Federal Agency which provided funds in support of this Agreement, and the appropriate Environmental Protection Agency Regional Office.

C. CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance.

Attachment B

9. DEBARMENT AND SUSPENSION.

A. As required by 2 CFR section 200.214, CONTRACTOR warrants that it is not subject to the non -procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 CFR Part 180, which restrict awards, subawards, and contracts with certain parties that are debarred, su spended, or otherwise excluded from or ineligible for participation in Federal assistance programs or activities.

E. The bidder or proposer agrees to comply with the requirements of 2 CFR Part 180, subpart C and 2 CFR Part. 3000, subpart C while this offer is valid and throughout th e period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

10. BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C. § 1352 (AS AMENDED).

CONTRACTOR shall file the required certification attached as Attachment A Certification for Contracts, Grants, Loans, and Cooperative Agreement (Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (As Amended), which is incorporated herein by this reference. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of C ongress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352.

11. DOMESTIC PREFERENCES FOR PROCUREMENTS.

Attachment B

A. As appropriate and to the extent consistent with law, the CONTRACTOR should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontractor agreements.

B. For purposes of this section:

ii. ‘‘Manufactured products’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer - based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

12. PROHIBITION ON CERTAIN TELECOMM PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT.

A. CONTRACTOR is prohibited from obligating or expending loan or grant funds to:

i. Procure or obtain;

ii. Extend or renew a contract to procure or obtain; or

iii. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115 -232, section 889, covered telecommu nications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

B. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

C. Telecommunications or video surveillance services provided by such entities or using such equipment.

Attachment B

believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

E. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.

F. See Public Law 115-232, section 889 for additional information.

G. See also 2 CFR section 200.471.

13. MANDATORY DISCLOSURE.

CONTRACTOR must disclose, in a timely manner, in writing to the CITY all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the award. CONTRACTOR is required to report certain civil, criminal, or administrative proceedings to the System for Award Management (S AM) located at www.sam.gov.

14. REMEDIES FOR NONCOMPLIANCE. In the event CITY determines, in its sole discretion, that CONTRACTOR is not in compliance with the terms and conditions set forth herein, CITY may:

A. Wholly or partly suspend or terminate the Agreement.

B. Require payments as reimbursements rather than advance payments;

C. Withhold authority to proceed to the next phase until receipt of evidence of acceptable performance within a given period of performance;

D. Require additional, more detailed financial reports;

E. Require additional project monitoring;

F. Requiring CONTRACTOR to obtain technical or management assistance; or

G. Establish additional prior approvals.

H. Take other remedies that may be legally available.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA, CALIFORNIA, AWARDING A BID TO THE J.F. WILL COMPANY, INC., IN THE AMOUNT OF $119,107 FOR THE CONSTRUCTION OF THE PREISKER PARK PARKING LOT REHABILITATION PROJECT, BID NO. 2024-10

WHEREAS, the City of Santa Maria formally advertised Preisker Park Parking Lot Rehabilitation Project, Bid No. 2024-10 (“Project”); and

WHEREAS, the Notice Inviting Bids was published and posted in compliance with applicable sections of the Public Contract Code; and

WHEREAS, the bids were publicly opened on October 17, 2024; and

WHEREAS, The J.F. Will Company, Inc., was determined to be the lowest responsive, responsible bidder who included all required documentation, bid bonds, and signatures; and

WHEREAS, project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301.

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

1. The Mayor is hereby authorized and directed to execute, for and on behalf of the City of Santa Maria, a n Agreement with The J.F. Will Company, Inc., for the construction of the Preisker Park Parking Lot Rehabilitation Project, Bid No. 2024-10; and

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

3. The City Manager, or designee, is hereby authorized and directed to designate funds from the following identified account: “Parking Lot Resurfacing (ARPA-17)” for the approved project in the amount of $141,017.70; and

4. The City Manager, or designee, is hereby authorized to approve Contract Change Orders so long as expenditures do not exceed funding approved for the project; and

2 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 Co uncil of the City of Santa Maria held this 19th day of November 2024.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

FOR THE COUNCIL MEETING OF NOVEMBER 19, 2024

COUNCIL AGENDA REPORT

TO: City Council

FROM: Acting City Manager Chuen Wu

BY: Director of Public Works Brett Fulgoni

SUBJECT: Adoption of a Resolution Awarding a Bid for East Taylor Street Pocket Park for Project, Bid No. 2024-08

Description:

The City Council will consider approving the award of Bid No. 2024 -08 to The J.F. Will Company Inc. for the construction of the East Taylor Street Pocket Project. This project will consist of grading, irrigation, landscaping, and playground installation.

Environmental Notice: This is a Class 32 (Infill Development) categorical exemption based on Section 15332 of the CEQA Guidelines.

RECOMMENDATION:

Adopt a Resolution awarding a bid to The J.F. Will Company Inc., in the amount of $371,531.60, for the construction of the East Taylor Street Pocket Project, Bid No. 2024-

08. BACKGROUND:

Under the direction of the City of Santa Maria Recreation and Parks Department, the project was designed by Baxter Miller Landscape Architects. The scope of work consists of grading, irrigation, landscaping, hardscape, and playground installation.

DISCUSSION:

The project was extensively advertised for bids. The City received one bid, which was opened on October 8, 2024. A summary of the bids submitted are as follows:

Bidder Bid Amount
The J.F. Will Company Inc. $371,531.60

A detailed tabulation of the bids received is attached (Attachment A). Signed proposals and bid bond forms are available for viewing in the office of the Director of Public Works at 110 South Pine Street, Suite 221, Santa Maria, CA 93458.

2 The lowest responsive, responsible bid was submitted by The J.F. Will Company Inc., in the amount of $371,531.60.

The J.F. Will Company Inc., from Santa Maria, CA has performed and successfully completed similar work for many cities throughout Southern California and on the Central Coast. In addition, they have submitted references for their work history. City staff has checked the firm’s references and are comfortable with the ability of the contractor to perform the work successfully. Therefore, the recommended action is to award the bid to The J.F. Will Company Inc. in the amount of $371,531.60.

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

Fiscal Considerations
Sufficient funds for this project have been budgeted in Fiscal Year 2024/2025 from the account titled “Pocket Park Construction (ARPA-20).”

Available Budget Account Amount
047-012-040-52-20

$ 700,000.00
Estimated Expenditures Amount
Award
Contingency (10%)
$ 371,531.60
$ 37,153.10
Inspection, Testing, Staff Time $ 15,000.00
Total $ 423,684.70

Impact to the Community
The community will benefit from the new neighborhood park, which will include a new playground and integrated space for the neighborhood.

ATTACHMENTS

A. Detailed Bid Results
B. Agreement

City of Santa Maria
Bid Results for Project E. TAYLOR STREET POCKET PARK PROJECT (2024‐08) Issued on 09/10/2024
Bid Due on October 08, 2024 2:00 PM (PDT)
Item Code Description Unit of Measure Quantity Unit Price Line Total B‐1 CONSTRUCTION COORDINATION AND MOBILIZATION LS 1 $18,285.00 $18,285.00 B‐2 MOBILIZATION LS 1 $22,676.00 $22,676.00
B‐3 EARTHWORK, AND SUBGRADE PREPARATION LS 1 $31,743.00 $31,743.00 B‐4 DEMOLITION, CLEARING AND GRUBBING LS 1 $48,338.00 $48,338.00 B‐64 " THICK STANDARD CONCRETE PAVING SF 460 $33.26 $15,299.60 B‐74 " THICK INTEGRAL COLORED CONCRETE PAVING SF 1100 $35.00 $38,500.00 B‐86 " WIDE CONCRETE MOW CURB LF 60 $30.00 $1,800.00
B‐9 PLAYGROUND RUBBERIZED SURFACING (TO BE PURCHASED BY CITY FROM SPECTRATURF) SF 2850 $0.60 $1,710.00 B‐10 6" WIDE 12" DEEP PLAYGROUND CONCRETE MOW CURB LF 150 $68.00 $10,200.00 B‐11 6' TALL MANSORY PRIVACY WALL LF 55 $567.00 $31,185.00 B‐12 6' TALL 10' WIDE UTILITY EASEMENT METAL COVER LS 1 $7,525.00 $7,525.00 B‐13
PLAYGROUND COORDINATION AND INSTALLATION OF MOUNTAIN TRAIL, OCTOPUS SEESAW, SPINNER BOWL, AND SWING (TO BE PURCHASED BY CITY FROM

KOMPAN) LS
1 $33,499.00 $33,499.00
B‐14 PRECAST CONCRETE SEATS (TWIST BENCH SEMI CIRCLE & PEBBLE SEATING) ‐ (TO BE PURCHASED BY CITY FROM QCP) LS 1 $12,838.00 $12,838.00 B‐15 SHADE STRUCTURE (TO BE PURCHASED BY CITY FROM USA SHADE) LS 1 $16,035.00 $16,035.00 B‐16 1 GAL SHRUBS EA 92 $16.00 $1,472.00
B‐17 5 GAL SHRUBS EA 177 $40.00 $7,080.00
B‐18 24" BOX TREE EA 8 $592.00 $4,736.00
B‐19 IRRIGATION SYSTEM LS 1 $53,590.00 $53,590.00
B‐20 SOIL IMPROVEMENTS SF 3100 $1.45 $4,495.00
B‐21 DECOMPOSED GRANITE MULCH 3" DEEP SF 3100 $1.45 $4,495.00 B‐22 PLANT ESTABLISHMENT LS 1 $2,960.00 $2,960.00
B‐23 LANDSCAPE BOULDER WITH PLAQUE LS 1 $3,070.00 $3,070.00 Total: $371,531.60
The J. F. Will Company, Inc.

Attachment A

Attachment B

AGREEMENT

WITNESSETH:

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

1. That Contractor shall complete the work ge nerally described as follows : E. Taylor Street Pocket Park Project (Bid No. 2024-08), in accordance with th e Contract Documents as prepared by City of Santa Maria.

Total Bid of THREE-HUNDRED SEVENTY-ONE THOUSAND, FIVE-HUNDRED THIRTY-ONE DOLLARS AND SIXTY CENTS.

Contract Price in Figures $371,531.60

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

4. Time is of the essence on this contract.

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

Attachment B

9. Contractor shall maintain insurance as required in Exhibit A. Contractor shall comply with the Federal Funding Requirements in Exhibit B.

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

Attachment B

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

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

(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK.)

Attachment B

CONTRACTOR:

___________________________
John Will
President, The J.F. Will Company, Inc.

OWNER:

Alice Patino
Mayor, City of Santa Maria

ATTEST:

Donna G. Schwartz
Chief Deputy City Clerk
APPROVED AS TO FORM:

_______________________________
Risk Manager
_______________________________
City Attorney

Attachment B

EXHIBIT “A”

INSURANCE REQUIREMENTS

A. Minimum Scope of Insurance

Coverage shall be at least as broad as:

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

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

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

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

Attachment B

B. Minimum Limits of Insurance

Provider shall maintain limits no less than:

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

3. Workers’ Compensation: Statutory limits.

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

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

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

C. Self-insured Retentions

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

D. Other Insurance Requirements

The liability policies are to contain, or be endorsed to contain, the following provisions:

Attachment B

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

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 f or at least five (5) years after completion of the contract of work.
c. If coverage is canceled or non -renewed, and not
replaced with another claims -made policy form with a
Retroactive Date prior to the contract effective date, the Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

E. Acceptability of Insurers

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

Attachment B

F. Verification of Coverage

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

G. Special Risks or Circumstances

The City reserves the right to modify these requirements, including limits, ba sed on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Attachment B

EXHIBIT “B”

FEDERAL FUNDING SOURCE COMPLIANCE PROVISIONS

1. TERMINATION

Attachment B

2. EQUAL EMPLOYMENT OPPORTUNITY.

During the performance of this Agreement, CONTRACTOR agrees as follows:

Attachment B

comply with said regulation.

3. NONDISCRIMINATION.

B. CONTRACTOR shall report any complaints of discrimination on the grounds of

Attachment B

C. CONTRACTOR shall incorporate the language in Section 10 (A) through (B). in every agreement with a contract or purchase order funded under this Agreement.

E. CONTRACTOR shall comply with Title IX of the Education Amendments of 1972, 20 U.S .C. 1681, 1682, 1683, 1685, and 1686, as codified at 45 CFR Part 86, which provides that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance.

4. PREVAILING WAGE. If this project meets the requirements under U.S.

Treasury’s FAQ dated April 27, 2022, section 6.15, the Davis -Bacon Act requirements (prevailing wage rates) do not apply to projects funded solely with ARPA awarded funds.

6. CONTRACT WORK HOURS AND SAFETY STANDARDS - OVERTIME COMPENSATION.

Attachment B

C. Withholding for unpaid wages and liquidated damages. The CITY will withhold from payments due under the contract sufficient funds required to satisfy any CONTRACTOR or subcontractor liabilities for unpaid wages and liquidated damages. If amounts withheld under the contract are insufficient to satisfy CONTRACTOR or subcontractor liabilities, the CITY will withhold payments from other Federal or Federally assisted contracts held by the same CONTRACTOR that are subject to the Contract Work Hours and Safety Standards statute.

D. Payrolls and basic records.

i. The CONTRACTOR and its subcontractors shall maintain payrolls and basic payroll records for all laborers and mechanics working on the contract during the contract and shall make them available to the Government until 3 years after contract completion. The records shall contain the name and address of each employee, social security number, labor classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actu al wages paid. The records need not duplicate those required for construction work by Department of Labor regulations at 29 CFR 5.5(a)(3) implementing the Construction Wage Rate Requirements statute.

E. Subcontracts. The CONTRACTOR shall insert the provisions set forth in paragraphs A. through D. of this clause in subcon tracts may require or involve the employment of laborers and mechanics and require subcontractors to include these provisions in any such lower-tier subcontracts. The CONTRACTOR shall be responsible for compliance by any subcontractor or lower -tier subcontractor with the provisions set forth in paragraphs “A” through “D” of this clause.

F. In the case of a conflict with California Prevailing Wage law, California Prevailing Wage Law shall apply.

Attachment B

7. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY.

CONTRACTOR shall not release any of such items to other parties except after prior written approval of CITY.

B. Unless otherwise specified in the Agreement, CONTRACTOR hereby assigns to CITY all copyright, patent, and other intellectual property and proprietary rights to all data, documents, reports, photos, designs, sound or audiovisual recordings, software code, inventions, technologies, and other materials prepared or provided by CONTRACTOR pursuant to this Agreement (collectively referred to as “Copyrightable Wo rks and Inventions”). CITY shall have the unrestricted authority to copy, adapt, perform, display, publish, disclose, distribute, create derivative works from, and otherwise use in whole or in part, any Copyrightable Works and Inventions. CONTRACTOR agre es to take such actions and execute and deliver such documents as may be needed to validate, protect and confirm the rights and assignments provided hereunder. CONTRACTOR warrants that any Copyrightable Works and Inventions and other items provided under this Agreement will not infringe upon any intellectual property or proprietary rights of any third party. CONTRACTOR at its own expense shall defend, indemnify, and hold harmless CITY against any claim that any Copyrightable Works or Inventions or other i tems provided by CONTRACTOR hereunder infringe upon intellectual or other proprietary rights of a third party, and CONTRACTOR shall pay any damages, costs, settlement amounts, and fees (including attorneys’ fees) that may be incurred by CITY in connection with any such claims. This Ownership of Documents and Intellectual Property provision shall survive expiration or termination of this Agreement.

8. CLEAN AIR ACT.

A. CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

B. CONTRACTOR agrees to report each violation to the California Environmental Protection Agency and understands and agrees that the California Environmental Protection Agency will, in turn, report each violation as required to assure notification to the CITY, the Federal Agency which provided funds in support of this Agreement, and the appropriate Environmental Protection Agency Regional Office.

C. CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance.

Attachment B

9. DEBARMENT AND SUSPENSION.

10. BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C. § 1352 (AS AMENDED).

CONTRACTOR shall file the required certification attached as Attachment A Certification for Contracts, Grants, Loans, and Cooperative Agreement (Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (As Amended), which is incorporated herein by this reference. Each tier certifies to the tier above that it will not and has not used Fed eral appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352.

11. DOMESTIC PREFERENCES FOR PROCUREMENTS.

Attachment B

A. As appropriate and to the extent consistent with law, the CONTRACTOR should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of good s, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontractor agreements.

B. For purposes of this section:

ii. ‘‘Manufactured products’’ mean s items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer - based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

12. PROHIBITION ON CERTAIN TELECOMM PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT.

A. CONTRACTOR is prohibited from obligating or expending loan or grant funds to:

i. Procure or obtain;

ii. Extend or renew a contract to procure or obtain; or

B. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

C. Telecommunications or video surveillance services provided by such entities or using such equipment.

Attachment B

believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

E. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph ( 1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.

F. See Public Law 115-232, section 889 for additional information.

G. See also 2 CFR section 200.471.

13. MANDATORY DISCLOSURE.

CONTRACTOR must disclose, in a timely manner, in writing to the CITY all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the award. CONTRACTOR is required to report certain civil, criminal, or administrative proceedings to the System for Award Management (SAM) located at www.sam.gov.

14. REMEDIES FOR NONCOMPLIANCE. In the event CITY determines, in its sole discretion, that CONTRACTOR is not in compliance with the terms an d conditions set forth herein, CITY may:

A. Wholly or partly suspend or terminate the Agreement.

B. Require payments as reimbursements rather than advance payments;

C. Withhold authority to proceed to the next phase until receipt of evidence of acceptable performance within a given period of performance;

D. Require additional, more detailed financial reports;

E. Require additional project monitoring;

F. Requiring CONTRACTOR to obtain technical or management assistance; or

G. Establish additional prior approvals.

H. Take other remedies that may be legally available.

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA, CALIFORNIA, AWARDING A BID TO THE J.F. WILL COMPANY, INC., IN THE AMOUNT OF $371,531.60, FOR THE CONSTRUCTION OF THE EAST TAYLOR STREET POCKET PARK PROJECT, BID NO. 2024-08

WHEREAS, the City of Santa Maria formally advertised the East Taylor Street Pocket Project, Bid No. 2024-08 (“Project”); and

WHEREAS, the Notice Inviting Bids was published and posted in compliance with applicable sections of the Public Contract Code; and

WHEREAS, the bids were publicly opened on October 8, 2024; and

WHEREAS, The J.F. Will Company Inc. was determined to be the lowest responsive, responsible bidder who included all required documentation, bid bonds, and signatures; and

WHEREAS, this is a Class 32 (Infill Development) categorical exemption based on Section 15332 of the CEQA Guidelines.

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

1. The Mayor is hereby authorized and directed to execute, for and on behalf of the City of Santa Maria, a n Agreement with The J.F. Will Company Inc, for the. Taylor Street Pocket Project, Bid No. 2024-08; and

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

3. The City Manager, or designee, is hereby authorized and directed to designate funds from the following identified account: “Pocket Park Construction (ARPA-20)” for the approved project in the amount of $423,684.70; and

4. The City Manager, or designee, is hereby authorized to approve Contract Change Orders so long as expenditures do not exceed funding approved for the project; and

2 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 November 2024.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

FOR THE COUNCIL MEETING OF NOVEMBER 19, 2024

COUNCIL AGENDA REPORT

TO: City Council

FROM: Acting City Manager Chuen Wu

BY: Director of Public Works Brett Fulgoni

SUBJECT: Adoption of a Resolution Approving a Proposed Grant and Abandonment of Easements on Santa Maria Airport District Property

Description:

The City Council will consider approving the following: waterline and well site easements for Well 6 and Well 15 from the Santa Maria Airport District, abandonment of a waterline well site easement for Well 15, and the abandonment of Well Site 6.

RECOMMENDATION:

Adopt a Resolution accepting a grant of easement from the Santa Maria Airport District for water purposes for Well 6 and Well 15 and the abandonment of previous easements for Well 6 and Well 15.

BACKGROUND:

The City of Santa Maria has established easements for the existing Well Site 6 and proposed Well Site 15. Following a survey of the existing Well Site 6, it was determined the legal description did not match the existing well site. To correct the inaccuracy, the abandonment and reestablishment of Well Site 6 is required (Attachment A).

As a result of environmental concerns, the previously established easement for Well Site 15 was not feasible without significant effort and cost and is proposed to be abandoned (Attachment B). Therefore, a new waterline alignment and well site was establis hed for the proposed Well Site 15 (Attachment C). The proposed new well is necessary to maintain the current level of service for City residents. Staff has initiated work with consultants for the engineering design and environmental assessment for the new alignment of Well Site 15. The scope of work to initiate construction on the new Well Site 15 is near completion.

2 DISCUSSION:

With the support of the Santa Maria Airport District, staff proposed to address Well Site 6 in the following manner. Abandon the existing Well Site 6 (Attachment D) and re-establish an accurate legal description for the well site. In addition, establish a waterline easement to link Well Site 6 to Well Site 11 for a direct connection to the City’s Blending Station.

At the request of the Santa Maria Airport District, an appraisal for the proposed waterline easement was prepared by Hoffman, Vance and Worthington, Inc. It was determined that compensation for the easement was valued at $27,000. In lieu of cash compensation, City s taff proposed to provide roadway surface improvements on Airport property comparable to the appraised value of the easement. The Santa Maria Airport District agreed to the staff’s proposal. Said improvements would be constructed in coordination with the City’s Annual Surface Seal Program in calendar year 2025.

Well Site 15 will require the following: abandonment of the existing waterline and well site easement. Establishment of a new waterline and Well Site 15. The grant of easements and abandonments are supported by the Airport District.

Alternative(s)
Council could decide to not accept the easement and support the abandonment. This action would result in the City’s inability to obtain the necessary water resources for City of Santa Maria commercial and residential customers.

Fiscal Considerations
The City proposes to provide roadway surface improvements comparable to the appraisal for the Well Site 6 easement. Funds for the improvements will be provided through the Utilities Department Water Fund.

Impact to the Community
The establishment and abandonment of the easements do not have an immediate impact to the community. However, said easements will provide the City with the ability to convey water to City residents in the near future with the constr uction of a new Well Site 15 and Well Site 6 connection to link with Well Site 11 to the City Blending Station.

ATTACHMENTS

A. Well Site 6 Waterline and Well Site Easement
B. Well Site 15 Abandonment
C. Well Site 15 Waterline and Well Site Easement
D. Well Site 6 Abandonment

Recording Requested by:

CHIEF DEPUTY CITY CLERK

CITY OF SANTA MARIA, CA
Wh
en recorded, mail this document and
tax statements (if any) to:

Chief Deputy City Clerk Donna Schwartz
City of Santa Maria
110 E. Cook Street, Rm. 3
Santa Maria, CA 93454
SP ACE ABOVE THIS LINE FOR RECORDER’S USE
NO FEE PER GOV’T CODE SECTION 6103
GRAN

T OF EASEMENT
FOR

WATER PURPOSES
The
undersigned, as their interests may appear, hereby grant to the City of Santa Maria, a municipal corporation, easements for water purposes including the construction, maintenance, and replacement of a waterline and establishment of well site #6, including appurtenances in, on, over, under, through, and across the following described property:
(SE
E EASEMENT SKETCH, EXHIBIT “A,” ATTACHED HERETO)
(SE
E EASEMENT DESCRIPTION, EXHIBIT “B,” ATTACHED HERETO)
APPROVED AS TO FORM: REF: Airport District
BY: DATED:

City Attorney
Thomas T. Watson
CONTENTS: ACCEPTED BY AIRPORT DISTRICT
BY: BY:

Reese Riddiough, P.E. 18,035 Ignacio Moreno
City Surveyor President
Public Works Department
BY:

Chuen Wu
Acting City Manager

BY:

Steve Brown
Secretary
ATTEST:

BY:

Donna G. Schwartz
Chief Deputy City Clerk
DOCUMENTARY TRANSFER TAX $ zero (0)
EXEMPTION (R&T CODE) §11922
EXPLANATION Municipal Govt. Agency
Signature of Declarant or Agent Determining Tax
Attachment A

Recording Requested by:

CHIEF DEPUTY CITY CLERK

CITY OF SANTA MARIA, CA

When recorded, mail this document and
tax statements (if any) to:

Chief Deputy City Clerk Donna Schwartz
City of Santa Maria
110 E. Cook Street, Rm. 3
Santa Maria, CA 93454

SPACE ABOVE THIS LINE FOR RECORDER’S USE

NO FEE PER GOV’T CODE SECTION 6103

ABANDONMENT OF

EASEMENT FOR WATER PURPOSES

The undersigned, as their interests may appear, hereby abandon a waterline and well site #15 easement for water purposes through and across the following described property:

(SEE EASEMENT SKETCH, EXHIBIT “A,” ATTACHED HERETO)

(SEE EASEMENT DESCRIPTION, EXHIBIT “B,” ATTACHED HERETO)

APPROVED AS TO FORM: REF: Airport District

BY: DATED:

City Attorney
Thomas T. Watson

CONTENTS:

ACCEPTED BY THE AIRPORT DISTRICT

BY: BY:

Reese Riddiough, P.E. 18,035 Ignacio Moreno
City Surveyor President
Public Works Department

BY:

Chuen Wu
Acting City Manager

ATTEST:

BY:

Donna G. Schwartz
Chief Deputy City Clerk

BY:

Steve Brown
Secretary

DOCUMENTARY TRANSFER TAX $ zero (0)
EXEMPTION (R&T CODE) §11922
EXPLANATION Municipal Govt. Agency

Signature of Declarant or Agent Determining Tax
Attachment B

Recording Requested by:

CHIEF DEPUTY CITY CLERK

CITY OF SANTA MARIA, CA
Wh
en recorded, mail this document and
tax statements (if any) to:

Chief Deputy City Clerk Donna Schwartz
City of Santa Maria
110 E. Cook Street, Rm. 3
Santa Maria, CA 93454
SP ACE ABOVE THIS LINE FOR RECORDER’S USE
NO FEE PER GOV’T CODE SECTION 6103
GRAN

T OF EASEMENT
FOR

WATER PURPOSES
The
undersigned, as their interests may appear, hereby grant to the City of Santa Maria, a municipal corporation, easements for water purposes including the construction, maintenance, and replacement of a waterline and establishment of well site #15, including appurtenances in, on, over, under, through, and across the following described property:
(SE
E EASEMENT SKETCH, EXHIBIT “A,” ATTACHED HERETO)
(SE
E EASEMENT DESCRIPTION, EXHIBIT “B,” ATTACHED HERETO)
APPROVED AS TO FORM: REF: Airport District
BY: DATED:

City Attorney
Thomas T. Watson
CONTENTS: ACCEPTED BY AIRPORT DISTRICT
BY: BY:

Reese Riddiough, P.E. 18,035 Ignacio Moreno
City Surveyor President
Public Works Department
BY:

Chuen Wu
Acting City Manager
ATTEST:

BY:

Donna G. Schwartz
Chief Deputy City Clerk
BY:

Steve Brown
Secretary
DOCUMENTARY TRANSFER TAX $ zero (0)
EXEMPTION (R&T CODE) §11922
EXPLANATION Municipal Govt. Agency
Signature of Declarant or Agent Determining Tax
Attachment C

Recording Requested by:

CHIEF DEPUTY CITY CLERK

CITY OF SANTA MARIA, CA
W
hen recorded, mail this document and
tax statements (if any) to:

Chief Deputy City Clerk Donna Schwartz
City of Santa Maria
110 E. Cook Street, Rm. 3
Santa Maria, CA 93454
S PACE ABOVE THIS LINE FOR RECORDER’S USE
NO FEE PER GOV’T CODE SECTION 6103
ABANDO

NMENT OF

EASEMENT FOR WATER PURPOSES
The undersigned, as their interests may appear, hereby abandon well site #6 easement for water purposes through and across the following described property:
(SEE EASEMENT DESCRIPTION, EXHIBIT “A,” ATTACHED HERETO) (SEE EASEMENT SKETCH, EXHIBIT “B,” ATTACHED HERETO)
APPROVED AS TO FORM: REF: Airport District
BY: DATED:

City Attorney
Thomas T. Watson
CONTENTS: ACCEPTED BY AIRPORT DISTRICT
BY: BY:

Reese Riddiough, P.E. 18,035 Ignacio Moreno
City Surveyor President
Public Works Department
BY:

Chuen Wu
Acting City Manager
BY:

Steve Brown
Secretary
ATTEST:

BY:

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA

MARIA, CALIFORNIA, ACCEPTING A GRANT OF EASEMENT FROM

THE SANTA MARIA AIRPORT DISTRICT FOR WATER PURPOSES
FOR WELL 6 AND WELL 15 AND THE ABANDONMENT OF
PREVIOUS EASEMENTS FOR WELL 6 AND WELL 15

WHEREAS, the City of Santa Maria currently operates water wells and all the necessary infrastructure for water purposes in the City of Santa Maria, California; and

WHEREAS, Well Site 6 is an existing well site which is proposed to link to Well Site 11 with a direct connection to the City’s Blending Station;

WHEREAS, Well Site 15 is a proposed well site in t he City of Santa Maria and is proposed as a new source of water to City residents; and

WHEREAS, the proposed easements from the Santa Maria Airport District for water purposes will provide the City with the necessary entitlements to convey water to City residents; and

WHEREAS, the abandonment of the original well sites and new establishment of well site easements will provide an accurate legal description of the well site locations ; and

WHEREAS, the value of the new Well Site 6 easement as identified in the appraisal prepared by Hoffman, Vance and Worthington, Inc. shall be compensated to the Santa Maria Airport District in the form of roadway improvements.

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

1. The grant of easement is accepted by the City of Santa Maria from the Santa Maria Airport District for the establishment of waterline and well site easements, in a form approved by the City Attorney; and

2. The abandonment of previous well site easements is accepted by the Santa Maria Airport District for the establishment of revised well site easements.

3. The City Manager, or designee, is authorized to execute the easement on behalf of the City of Santa Maria; and

2 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 de emed necessary.

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

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager

FOR THE COUNCIL MEETING OF NOVEMBER 19, 2024

COUNCIL AGENDA REPORT

TO: City Council

FROM: Acting City Manager Chuen Wu

BY: Director of Utilities Shad S. Springer

SUBJECT: Adoption of a Resolution Approving an Amendment with Engel & Gray, Inc. for Operational Management of the City of Santa Maria Green Waste Collection Program and a Disposal Fee Adjustment for the Regional Landfill for Clean Green Waste / Wood Waste

Description:

The City Council will consider adopting a Resolution approving an amendment with Engel & Gray, Inc. for Operational Management of the City of Santa Maria Green Waste Collection Program and approving a disposal fee adjustment at the Santa Maria Regional Landfill for clean green waste / wood waste.

RECOMMENDATIONS:

BACKGROUND:

Since 2011, the City of Santa Maria (City) Utilities Department has provided residential green waste collection services. Following a successful recycling pilot program and subsequent request for proposals for the operational management of City-collected green waste, in 2012, Engel and Gray, Inc. was selected by the City to process green waste .

The City’s recycling program was expanded in 2016 to include organic waste collection services for commercial businesses, as required by Assembly Bill (AB) 1826, and again in 2022, to include organic waste collection services for residents, as required by Senate Bill (SB) 1383, ensuring ongoing compliance with State recycling legislation.

The original contract with Engel & Gray, Inc., executed on January 7, 2013, and amended on April 1, 2020 , to provide a nominal processing fee increase from $30.00/ton to $31.20/ton, specifically identifies green waste, but does not address additional organic waste streams introduced b y more recent legislation - AB 1826 (commercial organics) and SB 1383 (residential organics). Notwithstanding that, Engel & Gray, Inc. continued to 2 accept and process all organic material types collected by the City from commercial customers and residents.

The organic material types currently accepted from the City and processed by Engel and Gray, Inc. include:

 Green Waste (green- and wood waste) – includes landscape and pruning waste, and non -hazardous wood waste accepted at the Santa Maria Regional Landfill Recycling Park, and transported to Engel & Gray, Inc.
 Mixed Organic Waste (residential organics waste) – consists of mixed organic food waste and green waste collected from residential customers and delivered to Engel & Gray, Inc. by City collection vehicles.
 Source Separated Food Waste (commercial organics waste) – includes organic food waste and food soiled paper waste collected from commercial customers and delivered to Engel & Gray, Inc. by City collection vehicles.

DISCUSSION:

Engel & Gray, Inc. Amendment No. 2
The current annual cost for the Engel & Gray, Inc. agreement is $240,000 , however, processing costs for these materials have risen significantly since the last contract amendment. This is primarily due to changes in processing methods , including capital investments for new equipment, and new regulatory requirements.

After evaluating alternative processing options, City staff determined that no other providers offer a more cost -effective solution. As a result , staff recommends amending the current agreement with Engel & Gray, Inc. (see Attachment “A” – Amendment No. 2), rather than issuing a new request for proposals.

City staff and Engel & Gray, Inc. negotiated new processing costs for each waste stream as follows:

 Green Waste $39.17 per ton
 Mixed Organic Waste $53.55 per ton
 Source Separated Food Waste $62.55 per ton

Based on historical tonnage processed by Engel & Gray, Inc., the estimated cost for these services is $740,000 annually. For the remainder of Fiscal Year 202 4-2025 (January – June 2025), this would be an additional $94,117 for the Solid Waste Collections Fund 003 and $275,500 for the Solid Waste Disposal Fund 010.

Solid Waste Disposal Fund 010 (Enterprise Funds) – Landfill Disposal Fees With approval of the contract amendment, an adjustment to landfill disposal fees for clean green waste and wood waste will be required; the new fees are proposed to be effective January 1, 2025 , consistent with the effective date o f the Engel & Gray, Inc. contract amendment:

3 Description Approved Fee 1/1/25 Proposed Fee 1/1/25
Clean Green Waste / Wood
Waste, up to 1,000 pounds
$42.00 (flat) $65.00 (minimum)
Clean Green Waste / Wood
Waste, over 1,000 pounds
$83.00/ton (prorated) $90.00/ton (prorated)

This adjustment is necessary to ensure that the Solid Waste Disposal Fund 010 generates adequate revenue to cover the increased Green Waste processing costs. City staff will continue to closely monitor the revenues and expenditures of the Solid Waste Disposal Fund 010 to maintain financial stability and ensure its long-term solvency.

Disposal fees are not property-related such as rates for water service, sewer service, and refuse collection. As a result, they are not subject to Article XIII D, Section 6 of the California Constitution, commonly referred to as “Prop 218”.

Solid Waste Collections Fund 003 (Enterprise Fund) – Collections Rates The Solid Waste Collections Fund 003 will also incur higher processing costs for mixed organic waste and source -separated food waste. While no additional appropriation is requested for the current fiscal year, these increased costs will be included in an ongoing cost-of-service study and evaluation of the City’s collection rates. Proposed adjustments to solid waste collection rates will be presented to the City Council at a future meeting, following completion of the study, adherence to rate-setting procedures, and the necessary notification for property-related fees.

Alternative(s)

1. City Council may direct City staff to renegotiate the amendment. However, the processing fees are fair and reasonable for the work being performed and renegotiation is unlikely to yield a better outcome.

2. City Council may opt not to approve the amendment and instead direct staff to issue a new request for proposals. Staff does not recommend this, as the recent analysis of other destinations indicated no cost-effective alternatives.

3. City Council may approve the contract amendment w ithout adjusting the disposal fees. This option is not recommended because the disposal fees will not adequately cover processing costs and could require subsidy from other sources.

Without adjusting disposal fees, the Solid Waste Disposal Fund 010 may fac e shortfalls, which could impact service s or lead to subsidizing costs from other sources.

To ensure adequate funding and continued compliance with State regulations for diversion and recycling , concurrent approval of the amendment - and the disposal fee adjustment - is recommended.

Fiscal Considerations
An additional appropriation of $275,500 is requested for Solid Waste Disposal Fund 010 for Fiscal Year 2024-25 to cover the increased costs associated with this amendment. If the proposed disposal fees and the requested budget appropriation are approved, 4 sufficient funds will be available in both the Solid Waste Disposal Fund 010 and the Solid Waste Collections Fu nd 003 to cover the expenses related to Engel and Gray, Inc.

Amendment No. 2. City staff will continue to monitor and assess the financial impact on both Solid Waste Enterprise Funds throughout the remainder of the fiscal year.

Impact to the Community
Amendment No. 2 with Engel & Gray, Inc. represents a continued cost-effective and efficient solution for diverting organic waste in compliance with State regulations. The partnership will continue to ensure quality service for the residents and businesses of Santa Maria.

Impact to the City
The adjustments to landfill disposal fees will support the City’s compliance with state regulations requiring the diversion of organic waste from the Santa Maria Regional Landfill, while also ensuring continued funding for the operational management services provided by Engel & Gray, Inc.

ATTACHMENTS
A. ENGEL & GRAY, INC. AMENDMENT NO. 2

Atty Rev. 2024, Risk Rev. 2024 Page 1 of 8
AMENDMENT NO. 2

AGREEMENT FOR OPERATIONAL MANAGEMENT OF THE

CITY OF SANTA MARIA GREEN WASTE COLLECTION PROGRAM

This Amendment No. 2 to Agreement for Operational Management is made and entered into as of January 1, 202 5 (the "Effective Date”) by and between Engel and Gray, Inc., a 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, on January 7, 2013, the City and the Contractor entered into an Agreement for Operational Management of the City of Santa Maria Green Waste Collection Program (the “2013 Agreement”); and

WHEREAS, on April 1, 2020, the City and the Contractor entered into an amendment to update the fee schedule as provided in E xhibit “D” and insurance requirements as provided in Exhibit “E” (that “Amendment No. 1); and

WHEREAS, the City and the Contractor now wish to amend the 2013 Agreement and Amendment No. 1 to modify the terms as further outlined herein; and

WHEREAS, the Contractor is qualified, willing, and able to continue to perform the work required by the City, as an amendment to both the 2013 Agreement and Amendment No. 1.

NOW, THEREFORE, IT IS AGREED:

1. R
ecitals true.

The above recitals are true.

2. A mendments .

a. Section 1.02 SERVICES TO BE PERFORMED BY CONTRACTOR shall hereby be substituted in its entirety as follows:
i. 1. 02 SERVICES TO BE PERFORMED BY CONTRACTOR.

Contractor shall supply all labor, and equipment to effectively perform the scope of services as out lined herein and further described in Exhibit “A-2”, attached and incorporated.

It is agreed and understood that , as of the Effective Date of this Amendment No. 2, Exhibit “A -2” shall cancel, supersede, and terminate Exhibit “A ” of the 2013 Agreement and Contractor ’s services shall be governed by Exhibit “A-2.”

b. Section 1.03 PAYMENT TERMS shall hereby be substituted in its entirety as follows:

ATTACHMENT "A"
Atty Rev. 2024, Risk Rev. 2024 Page 2 of 8
i. 1.02 PAYMENT TERMS.

City agrees to pay Contractor in accordance with the payment terms set forth in Exhibit “D-2”, attached and incorporated.

It is agreed and understood that as of the Effective Date of this Amendment No. 2, this Exhibit “ D-2” shall cancel, supersede, and terminate Exhibit “ D” of the 2013 Agreement, as amended by Amendment No. 1, and Payment Terms shall be governed by Exhibit “D-2.”

c. Insert new Section “1.04 DEFINITIONS”.
i. 1.04 DEFINITIONS.

1.04.1 Green Waste: means solid waste containing material s originated from living organisms including green material, landscape and pruning waste, lumber, and wood waste. This material is collected at the Santa Maria Regional Landfill Recycling Park.

1.04.2 Mixed Organic Waste: means solid waste containing materials originated from living organisms including but not limited to Source Separated F ood Waste, green material, landscape and pruning waste, lumber and wood waste, paper products, and printing and writing paper . This material is collected from City’s residential solid waste collections customers.

1.04.3 Organic Waste: collectively refers to the definitions of Green Waste, Mixed Organic Waste, and Source Separated Food Waste.

This term also includes waste treatment by -products like biosolids, digestate, and sludges, material which is typically collected from the City’s Wastewater Treatment Plant.

1.04.4 Source Separated Food Waste: means a raw, cooked, or processed edible substance, an ingredient used or intended for use or for sale in whole or in part for human consumption, as defined in Section 113781 of California Health and Safety Code. This material is collected from City ’s commercial solid waste collections customers.

1.04.5 Residual Materials: means the unusable waste materials that remain after the Contractor has processed the primary components of the Organic Waste.

d. Section 2.01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR shall hereby be substituted in its entirety as follows:
i. 2.01 MINIMUM AMOUNT OF SERVICE BY CONTRACTOR.

The Contractor agrees to devote the hours necessary to perform the services as set forth herein in an efficient and effective manner.

Atty Rev. 2024, Risk Rev. 2024 Page 3 of 8
e. Se ction 2.04 INDEMNIFICATION shall hereby be substituted in its entirety as follows:
i. 2.04 INDEMNIFICATION. To the fullest extent permitted by law, the Contractor 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 Contractor or the acts or omissions of an employee, agent or subcontractor of Contractor. The provisions of this paragraph survive the 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.

f. Section 2.05 INSURANCE REQUIREMENTS shall hereby be substituted in its entirety as follows:
i. 2.05 INSURANCE REQUIREMENTS.

Throughout the term of this contract, the Contractor shall maintain insurance as described in Exhibit “E-2”, attached and incorporated herein. The Contractor shall submit proof of coverage with all endorsement pages to the City before commencing work under this Amendment No. 2.

It is agreed and understood that this Exhibit “E -2” shall cancel, supersede, and terminate Exhibit “E” of Amendment No. 1 as of the Effective Date of this Amendment No. 2 and the Contractor’s insurance requirements to the City shall be governed by Exhibit “E -

2.”

g. Section 6.06 NOTICES shall be amended to update the City’s representative as follows:

Director of Utilities
City of Santa Maria
Utilities Department
2065 East Main Street
Santa Maria, CA 93454

3. Other terms and conditions remain the same.

All other terms and conditions of the 2013 Agreement dated January 7, 2013, as modified by Amendment No. 1 to the 2013 Agreement dated April 1, 2020, and this Amendment No. 2 dated January 1, 2025, remain the same.

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IN WITNESS WHEREOF, this Amendment No. 2 is executed by the parties on the date first written above.

“Contractor” “City”
ENGEL AND GRAY, INC. CITY OF SANTA MARIA
a California corporation a political subdivision
of the State of California

By: By:

CARL ENGEL SHAD S. SPRINGER, P.E., MPA
President Director of Utilities

By:

ROBERT ENGEL
Secretary
ATTEST

By:

DONNA SCHWARTZ
Chief Deputy City Clerk

APPROVED AS TO FORM

Risk Manager

City Attorney

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EXHIBIT “A-2”

SERVICES TO BE PERFORMED BY CONTRACTOR

1. The Contractor shall accept and process Organic Waste into compost products.

2. The Contractor shall prioritize unloading of City vehicles at the Contractor’s facility .

City vehicles shall not have a queue longer than twenty (20) minutes for obtaining net weights once entering Contractor’s facility.

3. The Contractor’s facility shall provide a safe, accessible location for City vehicles to empty load contents during all types of weather conditions Monday through Friday from 7:00 A.M. to 4:00 P.M. and on Saturdays during a week that includes any City - recognized holiday.

4. The Contractor shall be responsible for obtaining a net weight of material type for each City vehicle unloaded at the Contractor’s facility.

5. The Contractor shall be responsible for ensuring that Green Waste material is hauled offsite from the City to the Contractor’s facility, at a frequency of no less than once per week.

6. The Contractor shall provide monthly electronic reports in Microsoft Excel to the City for each incoming load - for each material type - to the Contractor. a. The information shall be reported in tons for each material type and include the inbound weight and total weight processed into compost products.

7. All Residual Materials from the Contractor shall be disposed of at the Santa Maria Regional Landfill.
a. If the weight of Residual Materials exceeds one percent (1%) of the total Green Waste delivered by the City collection vehicles to the Contractor's facility, City disposal fees will be applied according to the posted rates. These tonnages will be determined based on the monthly tonnage report and/or invoices submitted by the Contractor to the City.

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EXHIBIT “D-2”

PAYMENT TERMS

Processing Rates effective January 1, 2025:

Material Type Cost Per Ton
Green Waste $39.17
Mixed Organic Waste $53.55
Source Separated Food Waste $62.55

The City shall pay the Contractor a processing rate based on material type at the cost per ton indicated above.

Invoice Procedure
Monthly invoices shall be submitted to the City for each material type (i.e., three separate invoices). Each invoice shall separately itemize Contractor’s processing rates in tonnages for the invoice period.

Rate Adjustments
Rate adjustments shall apply to Processing Rates and shall be based on the Consumer Price Index (CPI) and occur annually, with the first adjustment taking effect on January 1, 2026. The Cost Per Ton will be calculated by taking the current Cost Per Ton and multiplying it by a fraction. The numerator of this fraction will be the CPI value published in December of the current year, while the denominator will be the CPI value published in December of the prior year. All adjustments will be capped at a maximum of three percent (3%).

Additionally, the City’s Cost Per Ton must always be at least one percent (1%) lower than the price charged to any Contractor customers who deliver one hundred ( 100) tons or more of Organic Waste within a calendar year.

CPI Definition
The term "CPI" refers to the Price Index for All Urban Consumers for the Los Angeles, Riverside, and Orange County area, as published monthly by the U.S. Department of Labor, Bureau of Labor Statistics.

If the Bureau revises the Index, the Parties agree that the Bureau will determine the comparability of successive indexes. If the Bureau does not provide comparable indexes or if no new index is published, the Parties will negotiate an appropriate alternative published price index.

If the Parties cannot agree on an alternative index within thirty (30) calendar days after one Party requests it, the matter will be resolved through binding arbitration in accordance with California Code of Civil Procedure §§1280 to 1294.2, or any successor provisions, conducted in Santa Maria, California.

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EXHIBIT “E-2”

INSURANCE

Contractor 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 Contractor, his/her agents, representatives, or employees. If Contractor maintains broader coverage and/or higher limits than the minimums shown below, City requires and shall be entitled to the broader coverage and/or higher limits maintained by Contractor.

1) Minimum Scope of Insurance
a) Coverage shall be at least as broad as:
i) Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.
ii) Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1); or if Contractor has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).
iii) Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
iv) Contractor’s Pollution liability insurance applicable to the work being performed.

2) Minimum Limits of Insurance
a) Contractor shall maintain limits no less than:
i) 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.
ii) Automobile Liability: $1,000,000 per accident for bodily injury and property damage. iii) Workers’ Compensation: Statutory limits.
iv) Employer's Liability: $1,000,000 per accident for bodily injury or disease. v) Contractors Pollution Liability: $2,000,000 per occurrence or claim, $2,000,000 aggregate.

3) Self-insured Retentions
Self-insured retentions must be declared to and approved by City. City may require Contractor 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.

4) Other Insurance Provisions
a) The commercial general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
i) The City of Santa Maria, its officers, officials, employees, and volunteers are to be covered as additional insureds on the policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General Atty Rev. 2024, Risk Rev. 2024 Page 8 of 8
liability coverage can be provided in the form or an endorsement to the Contractor’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). ii) For any claims related to this project, Contractor's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects 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 Contractor's insurance and shall not contribute with it. iii) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled or reduced, except with notice stating the title of this Agreement 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. iv) Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer.
v) If any of the required policies provide claims-made coverage:
(1) The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
(2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. (3) If coverage is cancelled or non-renewed, and not replaced with another claims- made policy form with a Retroactive Date prior to the Agreement effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

5) 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.

6) Verification of Coverage
a) Contractor shall furnish City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. b) 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 Contractor’s obligation to provide them. 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.

7) Special Risks or Circumstances
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.

1 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA, CALIFORNIA, AUTHORIZING AMENDMENT NO. 2 WITH ENGEL AND GRAY, INC.

FOR OPERATIONAL MANAGEMENT OF THE CITY OF SANTA MARIA
GREEN WASTE COLLECTION PROGRAM, EFFECTIVE JANUARY 1, 2025

WHEREAS, in accordance with state recycling mandates, including Assembly Bill 1826 and Senate Bill 1383, the City of Santa Maria provides organics waste collection services to both residents and businesses, and facilitates green waste and wood waste recycling diversion at the Santa Maria Regional Landfill; and

WHEREAS, in early 2013, the City of Santa Maria entered into an agreement with Engel and Gray, Inc. to process organic waste into compost, and subsequently amended the agreement in 2020 to include a modest pricing adjustment; and

WHEREAS, due to recent changes in regulatory requirements, advancements in processing technologies, and necessary capital investments in equipment, the costs associated with processing organic materials have significantly increased since 2020; and

WHEREAS, an evaluation of alternative processing options determined that no other service providers could offer a more cost-effective solution, leading to negotiations with Engel and Gray, Inc. to amend the existing agreement , en suring continued compliance with state recycling and diversion regulation s while maintaining essential services; and

WHEREAS, concurrent with the effective date of amended agreement with Engel and Gray, Inc., an increase in the current landfill disposal f ees for green waste / wood waste is necessary to generate sufficient revenues to cover a portion o f the increased processing costs resulting from the amendment.

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

1. Authorize and direct the City Manager, or designee, to enter into Amendment No. 2 with Engel and Gray, Inc. for operational management of the City of Santa Maria Green Waste Collection Program effective January 1, 2025 , incorporat ed by reference; and

2. Authorize and direct the City Manager, or designee, to enter into extensions and modifications consistent with the terms of the agreement as determined to be in the best interest of the City of Santa Maria; and

3. Authorize and direct the City Manager, or designee, to appropriate additional budget (increase base budget) to expenditure account 010-011-052-43-10 in the amount of $275,500 for Fiscal Year 2024-25; and
2 4. Authorize and direct the City Manager, or designee, to charge and collect the following landfill disposal fees, effective January 1, 2025:

Description Fee
Clean Green Waste / Wood Waste, up to 1,000 pounds $65.00 (minimum) Clean Green Waste / Wood Waste, over 1,000 pounds $90.00/ton (prorated)

5. Authorize the Chief Deputy City Clerk to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the 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 on the 19th day of November 2024.

ATTEST:

Chief Deputy City Clerk

Mayor

APPROVED AS TO FORM:

_______________________________
City Attorney

APPROVED AS TO CONTENT:

_______________________________
Department Director

_______________________________
City Manager

FOR THE COUNCIL MEETING OF NOVEMBER 19, 2024

COUNCIL AGENDA REPORT

TO: City Council

FROM: Acting City Manager Chuen Wu

BY: Interim Community Development Director Dana Eady

SUBJECT: Adoption of Resolutions and Introduction of an Ordinance for S anta Maria Public Airport District General Plan Land Use Map Amendment and Zone Change at 1494 Fairway Drive

Description:

The City Council will consider approving a General Plan Land Use Map Amendment and Zone Change (GPZ2023 -0001) for RRM Design Group on behalf of the Santa Maria Public Airport District to change the land use designation on a 6.95 -acre site from A-AS (Airport-Airport Service) and the zone district of OS (Open Space) to LI (Light Industrial) land use designation and PD/M -1 (Planned Development/Light Manufacturing) zone district.

RECOMMENDATIONS:

3. Introduce for first reading, and continue to a future meeting, an Ordinance amending the official Zoning Map for the Santa Maria Public Airport District (GPZ2023-0001) on a 6.95-acre site located at 1494 Fairway Drive FROM OS (Open Space ) to PD/ M-1 (Planned Development/ Light Manufacturing ) zone district.

2 BACKGROUND:

The project site is located at 1494 Fairway Drive and is currently undeveloped except for a City water well and fenced yard. The site is bordered to the north, south and west by a flood control channel regulated by Santa Barbara County (Attachment A – Vicinity Map).

Beyond the flood control to the north is a business park used by VTC Enterprises, to the west and south are open space areas and to the east of the site is business park area.

The zoning immediately to the north, south, and west of the site is OS (Open Space), with PD/M-1 designations across A Street and along Fairway Drive. (Attachment B - Land Use and Zoning Map).

Planning Commission:

The Planning Commission received a presentation on this project at the Study Session held on September 19, 2024. The Planning Commissioners were generally supportive of the project and no concerns were raised. The project was reviewed by the Planning Commission at the November 6, 2024, public hearing and was recommended for approval to the City Council.

DISCUSSION:

The applicant, RRM Design Group on behalf of the Santa Maria Public Airport District, is requesting a General Plan Amendment and Zone Change to allow for future industrial development of the project site. No site development is proposed currently. Any future development of the site would be subject to Planning Commission approval of a Planned Development Permit application.

In order to analyze the proposed Land Use and Zone change, the project applicant has provided an estimate of the development likely to occur under the proposed industrial designations, which includes up to 100,000 square feet of industrial or manufacturing floor area.

General Plan Amendment and Rezone
The proposed project includes a General Plan Land Use Map Amendment and Zone change that would change the land use and zoning designations on the site from A-AS (Airport -Airport Services) to LI (Light Industrial) and from OS (Open Space ) to PD/M-1 (Planned Development/Light Manufacturing).

The purpose of the LI designation, as described on page LU-19 of the City’s General Plan Land Use Element, is “To accommodate industrial uses which contain the process primarily within the building, do not generate negative environmental impacts, and which are most compatible with adjacent nonindustrial uses.” Changing the land use designation and zoning on the project site from A-AS to LI and from OS to PD/M-1 would enable the future industrial and/or manufacturing use of the site not permitted under the current Open Space designation. The proposed LI land use designation and PD/M -1 zoning would match that of the adjacent properties east of the project site, across A Street and along Fairway Drive. There are no adjacent sensitive land uses, such as residential developments, that could create potential conflicts between uses . All of these factors make this site an appropriate location for future industrial or manufacturing development. 3 Santa Maria Public Airport District
The project site is owned by the Santa Mari a Public Airport District. The General Plan Land Use Map Amendment and Zone change has been reviewed for consistency with the Airport District’s Master Plan which guides the internal operations and development for the airport. The project was also reviewed in conformance with the Santa Barbara County Association of Governments’ (SBCAG) Airport Land Use Compatibility Plan (ALUCP) which is the governing document used by the Airport Land Use Commission to ensure that all airports countywide are developed safely. A detailed discussion of how the project complies with the ALUCP is included below. The City’s Airport Business Park Specific Plan only encompasses areas on the southern side of the airport and therefore does not apply to this project site.

Santa Maria ALUCP
The Santa Maria ALUCP was adopted by SBCAG in January of 2023. The purpose of the ALUCP is to promote airport land use compatibility. Specifically, the plan provides for the orderly growth of the Airport and the areas surrounding the Airport and sa feguards the general welfare of the inhabitants within the vicinity of the Airport and the public in general.

The ALUCP requires General Plan Amendments to be reviewed by the Airport Land Use Commission for determination of compatibility with the ALUCP. On September 19, 2024, the Airport Land Use Commission and SBCAG determined that the proposed project, and the industrial Land Use and Zone designations proposed, is consistent with the noise, safety, and airspace policies listed in the ALUCP.

Alternative(s)
The City Council, through written findings, may determine that the proposed General Plan Land Use Map Amendment and Zone change are not consistent with the goals, objectives, policies, and programs of the General Plan, and deny the project, leaving the existing land use and zoning designations in place.

Environmental Review
The conceptual plan for 100,000 square feet of future industrial or manufacturing uses was used to analyze the potential environmental effects of the proposed project, as required by the California Environmental Quality Act (CEQA) . An Initial Study/Mitigated Negative Declaration (MND) was prepared by the City as Lead Agenc y. This document identifies potential project impacts in the topic areas of air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, noise, and tribal cultural resources. Mitigations are incorporated in the draft MND to reduce any of the potential impacts identified to less than significant levels.

The draft MND was circulated for public review from July 11, 2024, to August 9, 2024.

Two comment letters were received during the public review period. One letter was submitted from the California Department of Conservation, Geologic Energy Management Division (CalGEM) and another from the Santa Barbara County Air Pollution Control District (SBCAPCD). The CalGEM letter clarified that no known oil wells are located on the property, but also recommended procedural steps to take if a previously unknown oil well is discovered o n the property during construction. The comments 4 provided by SBCAPCD were primarily technical clarifications related to emissions quantifications and regulatory thresholds. Staff addressed each of these comments as appropriate, with changes depicted in strike-out/underline text in the MND attached to this staff report (Attachment C) as well as the Mitigation Monitoring Program (Attachment D).

For reference, the public comment letters are attached to the MND.

Fiscal Considerations
The proposed project will contribute to economic growth by providing additional developable area for an industrial project in the City of Santa Maria.

Impact to the Community
The proposed project will have a positive impact on the community through the development of a future industrial project that will contribute to employment opportunities for residents. Future development and uses on the site would be subject to the mitigation measures in the Mitigated Negative Declaration prepared for the project. Compliance with these measu res would reduce any potential impacts to the community to less than significant levels.

ATTACHMENTS
A – Vicinity Map
B – Existing and Proposed Land Use and Zoning Map
C – CEQA Initial Study/Mitigated Negative Declaration with Public Comment Letters D – Mitigation Monitoring Program

SANTA MARIA PUBLIC AIRPORT

PROJECT
SITE

SANTA MARIA PUBLIC AIRPORT

FAIRWAY DRIVE

A STREET
Attachment B – Existing and
Proposed Land Use and Zone
District Maps
Existing General Plan Map Land Use Designation

Proposed General Plan Map Land Use Designation

Existing Zone District

Proposed Zone District

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CITY OF SANTA MARIA

INITIAL

ENVIRONMENTAL STUDY

MITIGATED NEGATIVE DECLARATION

A STREET AND FAIRWAY DRIVE GENERAL PLAN AMENDMENT AND REZONE (GPZ2023-0001)
REVISED ON SEPTEMBER 12, 2024 TO ADDRESS PUBLIC COMMENTS V
acant Lot at the Corner of A Street and Fairway Driv e (APN: 111-231-016)

PROJECT SUMMARY
Project Description General Plan Land Use Map Amendment and Zone Change for RRM on behalf of the Santa Maria Public
Airport District to change the land use designation on a

6.95-acre site FROM A-AS (Airport -Airport Service) and the zone district of OS (Open Space) TO LI (Light
Industrial) land use designation and M-1 (Light
Manufacturing) zone district.

A total of approximately 100,000 square-feet of floor area would be established at the site from future development.

Location Vacant Lot at the Corner of A Street and Fairway Drive Assessor's Parcel No. 111-231-016
General Plan
Designation
Airport Airport Service (A-AS)
Zoning Open Space (OS)
Size of Site 6.95 acres
Present Use Vacant land
Proposed Uses Future industrial or manufacturing development Access Not applicable1
Surrounding
Uses/Zoning
North Flood Control & Business Park / OS & Public Facility 1 No development project application has been submitted for the project site to date. However, the proje
ct applicant has provided a conceptual description of a potential development that could be constructed at the site at a future date. A future Planned Development permit will provide site specific information and shall comply with required development standards of the Citys Municipal Code.

Attachment C - Initial Study/Mitigated Negative Declaration GPZ2023-001 SEPTEMBER 2024

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South Flood Control/ OS
East Agriculture/ OS
West Business Park/Light Manufacturing
Parking Not applicable
Setbacks Not applicable
Height Not applicable
Building Coverage Not applicable
Landscape Area Not applicable
Storm Water Retardation Not applicable
Fencing Not applicable
Related files/Actions A future Planned Development permit shall be submitted for the buildout of the site with an industrial or
manufacturing use that is enabled by this GPZ.

Applicant/Owner Pamela A. Ricci, RRM Design Group/Martin Pehl, Santa Maria Public Airport District
Procedure Planning Commission and City Council consideration and action regarding a Mitigated Negative Declaration of environmental impacts.

GENERAL AREA DESCRIPTION:

The project site is located in the southern area of the City and is directly across from the intersection of A Street and Fairway Drive. A mix of industrial, business park, row crops and airport development has occurred adjacent to the project area. The project site is part of the Santa Maria Public Airport and the proposed project has been reviewed for consistency with the Airport Master Plan, Airport Specific Plan and Airport Land Use Compatibility plan.

ENVIRONMENTAL SETTING:

The project is located within the City of Santa Maria in Santa Barbara County, approximately 2.5 miles east of US Highway 101. The topography in the project area is flat with no significant features within the project site or surrounding area. A City water well on-site is the only developed feature at the site. The project is characterized as a vacant 6.95-acre open space designated site proposed to be developed in the future as an industrial or manufacturing project.

PROJECT DESCRIPTION:

A request by RRM Design Group, on behalf of the Santa Maria Public Airport District, for a General Plan Amendment and rezone (GPZ) to allow for general plan land use designation and zoning ordinance designation change. The project proposes to change GPZ2023-001 SEPTEMBER 2024

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the current land use designation from A-AS to Light Industrial (LI), and the current zoning from OS to PD/M-1 (Planned Development/Light Manufacturing). This change would allow for an expanded level of development that would consist of light industrial and manufacturing uses. Currently the OS zoning primarily only allows open space, natural resource preservation and outdoor recreation development.

The zoning designation PD/M-1 would permit light industrial and manufacturing uses, using the M-1 designation as a guide, and would be subject to the provisions and limitations of the approved planned development permit required by the PD Overlay proposed. No development project application has been submitted for the project site to date. However, the project applicant has provided a conceptual description of a potential development that could be constructed at the site at a future date. The conceptual description included up to 100,000 square-feet of industrial or manufacturing development.

PROJECT REVIEW:

The environmental impacts associated with the development of the site were determined using the City of Santa Maria Staff Project Environmental Checklist (attached), on-site inspection, various computer models, and information provided by the applicant.

Potentially significant adverse environmental impacts were identified in the area of Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hazards and Hazardous Materials, Noise and Tribal Cultural Resources.

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

IMPACT SUMMARY TABLE
Proposed Project
Size of Site 6.95 acres
Size of Buildings 100,000 square feet
Water Demand (1) 1,100 gallons per day per acre
Sewage Generation (1) 2,780 gallons per day
Average Daily Trips (2) 579
P.M. Peak Trips (2) 70
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Unmitigated
Long Term Emissions: (3)
Reactive Hydrocarbons
Nitrogen Oxides

3.49 pounds/day

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

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

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

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

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

Dust Control Measures
During construction, the applicant shall implement all of the applicable measures from the following list as standard dust control measures to avoid impacts associated with fugitive dust emissions:
a. Use water trucks or sprinkler systems to keep all areas of vehicle movement damp enough to prevent dust from leaving the site and from exceeding the APCDs limit of 20% opacity for greater than 3 minutes in any 60-minute period.

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

Equipment Emissions Control Measures
During project grading and construction, the applicant shall adhere to the following measures to reduce NO
X and PM2.5 emissions from construction equipment:
a. All portable diesel-powered construction equipment shall be registered with the states portable equipment registration program OR shall obtain an APCD permit.
b. Fleet owners of mobile construction equipment are subject to the CARB Regulation for In-use Off-road Diesel Vehicles (Title 13 California Code of Regulations, Chapter 9, § 2449), the purpose of which is to reduce diesel PM and criteria pollutant emissions from in-use (existing) off-road diesel-fueled vehicles. For more information, please refer to the CARB website at www.arb.ca.gov/msprog/ordiesel/ordiesel.htm.
c. All commercial diesel vehicles are subject to Title 13, § 2485 of the California Code of Regulations, limiting engine idling time. Idling of heavy-duty diesel construction equipment and trucks during loading and unloading shall be limited to five minutes; electric auxiliary power units should be used whenever possible.

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d. Diesel construction equipment meeting the CARB Tier 3 or higher emission standards for off-road heavy-duty diesel engines shall be used to the maximum extent feasible.
e. Diesel powered equipment should be replaced by electric equipment whenever feasible.
f. If feasible, diesel construction equipment shall be equipped with selective catalytic reduction systems, diesel oxidation catalysts and diesel particulate filters as certified and/or verified by EPA or California. g. Catalytic converters shall be installed on gasoline-powered equipment, if feasible.
h. All construction equipment shall be maintained in tune per the manufacturers specifications.
i. The engine size of construction equipment shall be the minimum practical size. j. The number of construction equipment operating simultaneously shall be minimized through efficient management practices to ensure that the smallest practical number is operating at any one time.

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

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

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

Permit to Operate
If contaminated soils are found at the project site, SBCAPCD must be contacted to determine if ATC and/or Permit to Operate permits s hall be required. (SBCAPCD permits are required for all soil vapor extraction activities. SBCAPCD permits are also required for the excavation, or dig-and-haul, of more than 1,000 cubic yards of contaminated soils.)
Equipment Idling Requirements
At all times, idling of heavy-duty diesel trucks should be minimized; auxiliary power units should be used whenever possible. State law requires that:
 Drivers of diesel-fueled commercial vehicles shall not idle the vehicle's primary diesel engine for greater than five minutes at any location.  Drivers of diesel-fueled commercial vehicles shall not idle a diesel-fueled auxiliary power system (APS) for more than five minutes to power a heater, air conditioner, or any ancillary equipment on the vehicle. Trucks with 2007 or GPZ2023-001 SEPTEMBER 2024

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newer model year engines must meet additional requirements (verified clean APS label required).

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

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

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

California Red-legged Frog (CRLF)
The CRLF is a highly aquatic species associated with perennial aquatic habitat for almost its entire lifecycle. The CRLF is known for overlan d movements between breeding sites during rain or heavy moisture (fog) events. The adjacent County flood control ditches next to the project site have highly variable flows subj ect to duration and frequency of rainfall events, and at times could support suitable aquatic habitat for breeding and movement upstream and downstream through the ditches. This s pecies may be present within the offsite drainages when water is present, and potentially in the retained mitigation golf course pond adjacent to the FedEx site. The project site lacks suitable upland refuge habitat with vegetation cover limited to herbaceous grassland habitat. No moist refuge such as riparian habitat or downed woody debris occurs on the projec t site suggesting only the limited probability of overland movements during or immediately after rainstorms. No loss of CRLF habitat would result from project development of th e site. No designated critical habitat occurs over the project site, so none would be affected. Potential impacts to this species would occur if individuals were present during construction and were exposed to vehicle and heavy equipment traffic. Mitigation Measure BIO-2 is included to minimize potential impacts to CRLF during future project construction activities.

Mitigation Measure(s) incorporated into the project:

BIO-1: Nesting Birds Impact Avoidance and Minimization
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The following actions are recommended to avoid potential impacts to nesting birds:
 A nesting bird survey should be conducted by a qualified biologist no more than two weeks prior to the onset of construction activities. The nesting bird survey should be conducted within any and all suitable habitat that occurs within the project site, within 300 feet of its immediate vicinity for raptors, and 100 feet for all other bird species (as is feasible). If no active nests are found, no further mitigation would be required.
 If active bird nests are found, then an appropriately sized avoidance buffer should be established by the biologist and all construction work within the buffer should be delayed until after the nesting season has ended or until the biologist has determined that the adults and young are no longer reliant on the nest site for survival.
 Limits of construction to avoid the nest shall be established in the field with flagging and stakes or construction fencing. Construction personnel shall be instructed on the sensitivity of the area.

Plan Requirements and Timing.

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

Monitoring.

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

BIO-2: California Red-legged Frog Impact Avoidance
The following actions are recommended to avoid potential impacts to CRLF:
 A pre-construction survey of the proposed project site for CLRF shall be conducted by a qualified biologist within 48 hours prior to the start of project construction to confirm this species is not present in the work area.  A qualified biological monitor familiar with CRLF will monitor all initial site disturbance (clearing, grubbing, rough grading).
 In the event the pre-construction survey or the onsite monitor identifies the presence of individuals of CRLF prior to or during construction, then all work shall stop until the CRLF leave the site of their own accord. If CRLF do not move off site on their own, the project proponent shall comply with all relevant requirements of a take authorization under the federal Endangered Species Act prior to resuming project activities.

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Plan Requirements and Timing.

Monitoring.

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

Implementation of Mitigation Measure BIO-1 and BIO-2 would reduce potential impacts to special-status species to less than significant; therefore, potential impacts related to special status wildlife would be less than significant with mitigation.

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

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

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If the resource is determined significant under CEQA, the qualified archaeologist shall prepare and implement a research design and archaeological data recovery plan, in conjunction with locally affiliated Native American representative(s) as necessary that will capture those categories of data for which the site is significant. The archaeologist shall also perform appropriate technical analysis, prepare a comprehensive report, and file it with the Central Coast Information Center, located at the University of California, Santa Barbara, and provide for the permanent curation of the recovered materials. These actions would reduce impacts to a less than significant level.

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

Geology and Soils
Future industrial or manufacturing development allowed under the proposed PD/M-1 zoning would result in disturbance to the site. Based on previous site disturbance and manipulation, buried human remains are not expected in the site a rea. In the event of an accidental discovery or recognition of any human remains, California State Health and Safety Code Section 7050.5 stipulates that no further disturbances shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to CEQA regulations and Public Resources Code Section 5097.98. With adherence to State Health and Safety Code Section 7050.5, which stipulates the process to be followed when human remains are encountered.

The project site is underlain by Older Alluvium, which is considered to have high sensitivity for palaeontologic resources (Diblee 1994, U.S. DOT 2004). Fossils that have been historically encountered in formations of this age include tide-pool and rock-cliff mollusks and barnacles in marine deposits (Woodring et al 19 50). The project site consists of previously disturbed terrain. Based on the sensitiv ity of underlying geologic formations, mitigation has been recommended identifying the inadvertent discovery protocol in order to reduce potential impacts to paleontological resourc es to less than significant; therefore, potential impacts are less than significant with mitigation.

Mitigation Measure(s) incorporated into the project:

GEO-1 Inadvertent Discovery of Paleontological Reso urces. Should any vertebrate fossils or potentially significant finds (e.g., numerous well-preserved invertebrate or plant fossils) be encountered during work on-site, all activities in the immediate vicinity of the find shall cease until a qualified paleontologist evaluates the find for its scientific value. If deemed GPZ2023-001 SEPTEMBER 2024

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significant, the paleontological resource(s) shall be salvaged and deposited in an accredited and permanent scientific institution where they wil l be properly curated and preserved.

These actions would reduce impacts to a less than significant level.

Hazards and Hazardous Materials
The project site does contain an abandoned/remnant water well structure as identified in a Phase I Environmental Site Assessment by Rincon Consultants, Inc. The Department of Conservation, California Geologic Energy Management Division (CalGEM) regulations prohibit construction of enclosed structures directly over the oil well in the event of leaking or substandard abandonment of the well which would require future re-abandonment. The recommendation in the Phase I Environmental Site Assessment is to provide a soil management plan for the future development of the project site as well as abandonment of the well structure observed in the southeastern portion of the property. The Phase I notes that no oil wells are located on the subject property. This was also confirmed in the California Geologic Energy Management Division (CalGEM) letter dated 8-6-24 that was sent to the City. However, standard mitigation is included to minimize oil facility health risks during construction in accordance with CalGem standards in case of an inadvertent discovery of an previously unknown oil well with grading and removal of the identified well structure.

HAZ-1Stop Work Procedure. If during construction of a future project enabled by the GPZ, visual contamination or chemical odors are detected, work will be stopped immediately and the Santa Barbara County Fire Department Hazardous Materials Unit (HMU) will be contacted. Resumption of work will require the approval of HMU. In the event that previously unknown oil or gas wells and/or associated equipmen t is discovered, CalGEM shall be contacted immediately to assess the equipment. Recommendations of CalGEM to address the discovered equipment shall be implemented. At m inimum CalGEM shall be notified regarding the oil well identified on the CalGEM GIS website.

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

Mitigation measures NOI-1 and NOI-2 have been recommended to minimize all potential impacts related to construction noise, associated with the future development of the site.

These measures include adherence to City constructi on work hours, implementation of noise control for stationary equipment, and proper maintenance of all equipment to avoid unnecessary increased noise levels. Construction related noise would be limited in duration and nature, and the project does not propose land uses that would generate excessive noise during project operation.

Mitigation Measure(s) incorporated into the project:

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

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

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

Mitigation Measure(s) incorporated into the project:

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

If the resource is determined significant under CEQ A, the qualified archaeologist shall prepare and implement a research design and archaeo logical data recovery plan, in conjunction with locally affiliated Native American representative(s) as necessary that will capture those categories of data for which the site is significant. The archaeologist shall also perform appropriate technical analysis, prepare a comprehensive report, and file it with the CCIC, located at the University of California, Santa Barbara, and provide for the permanent curation of the recovered materials.

CITY OF SANTA MARIA
Environmental Checklist / Initial Study
A Street and Fairway Drive GPZ (GPZ2023-0001)
REVISED SEPTEMBER 12, 2024 TO ADDRESS PUBLIC COMMENTS

1. Project Title and Location
A Street and Fairway Drive General Plan Amendment and Rezone 1494 Fairway Drive
Vacant lot at the corner of A Street and Fairway Drive
Santa Maria, CA 93455
APN: 111-231-016

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

3. Project Applicants Name and Address
Pamela A. Ricci
RRM Design Group
3765 South Higuera Street, Suite 102
San Luis Obispo, CA 93401

4. General Plan Designation
Existing: Airport Airport Service (A-AS)
Proposed: Light Industrial (LI)

5. Zoning Designation
Existing: Open Space (OS)
Proposed: Planned Development/Light Manufacturing (PD/M-1)

6. Brief Description of Project
A request by RRM Design Group, on behalf of the Santa Maria Public Airport District, for a General Plan Amendment and rezone (GPZ) to allow for general plan land use designation and zoning ordinance designation changes on a 6.95-acre parcel located in the southern part of the City (Figure 1) within Airport District boundaries. The site was previously a portion of a golf course with managed turfgrass and a man-made decorative water feature, however that golf course has been abandoned and the water feature no longer exists. The project site is currently vacant except for a City water well pump facility and yard are located on the eastern portion of the site (Figure 2), which will remain.

A Street and Fairway Drive GPZ September 2024
GPZ2023-0001 Environmental Checklist

Page 2 ends

Santa Maria City CouncilNovember 19, 2024

Santa Maria City Council
November 19, 2024