2024-11-19 Regular — Santa Maria City Council, November 19, 2024 (part 1 of 6)

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

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 Fame! 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.

11.e.10
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.

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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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:

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

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

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 Police 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 Criminology. 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.

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 programs 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. 2 City of Santa Maria
Santa Maria, California
Resolution No. 2024-123
Santa Maria
AII-America City
11111!

A RESOLUTION OF THE CITYCOUNCIL 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 318t 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. follows:

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

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 Santa Maria, California, held this 19th day of November 2024.

Mayor Alice M. Patin Mayor Pro Tem Gloria Soto
ATTEST:

Councilmember Mike Cordero
Chief Deputy City Clerk Councilmember Carlos Escobcdo
Donna Schwartz
Councilmember Maribel Aguilera-
Hernandez

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

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 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

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:

Staff Present:

Mayor Alice Patino, Mayor Pro Tem Gloria Soto, Councilmember Maribel Aguilera-Hernandez, Councilmember Mike Cordero, Councilmember Carlos Escobedo
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
1 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 and 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
2 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
3 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 Department Directors, as shown on records on file in the Department of Finance, and having been approved for payment by the Director of Finance.

Motion carried by a recorded vote

12.d 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
4 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 Report, 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 Convenience of Necessity Determination (Type 20 ABC 5 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 December 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 attended 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 reported 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 Foundation 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
6 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.

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.
2 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 staffs 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 Encampments 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 Jury. 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 agencies, including the City of Santa Maria, that pertain to approaches to encampment response.

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 subject 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
2 HOMELESS ENCAMPMENTS IN SANTA BARBARA COUNTY
Becoming Part of the Community Again

SUMMARY
In 2021 the Santa Barbara County Board of Supervisors approved the Homeless Encampment Resolution Strategy, a three-year plan to transition persons from encampments to housing. The 2023-24 Santa Barbara County Grand Jury studied the issues surrounding encampments and the progress made as the Strategy approaches the end of its first phase in mid -2024.

The Jury found that the Encampment Resolution Strategy energized several departments and agencies to address homelessness in new ways, generating collaboration among them, which has led to positive and helpful contact with unhoused people in the encampments. Many placements in housing were made and encampments were "resolved," or removed. Yet, many encampments continue to have negative impacts on neighborhoods. Heightened health, safety, mental health issues, substance abuse, along with environmental harm, remain concerns for everyone. Our local agencies are still handicapped by lack of affordable housing availability, impeding movement from encampments. Local economic challenges detract from the success of the Encampment Resolution Strategy, as more people are becoming unhoused than those being housed.

These multiple social problems would require unparalleled resources were it not for the enhanced collaboration among government and community agencies fostered by the Homeless Encampment Resolution Strategy. Ideally, the next phase of the Strategy will find more ways to ensure that collaboration is thoroughly planned, enacted, and funded. 2023-2024 Santa Barbara County Grand Jury 1
Attachment A

Commendation
Stereotyping individuals without housing by labeling them as "the homeless" or "the mentally ill" can lead to misconceptions about unhoused persons as somehow different. The Grand Jury commends our community leaders, service agencies, and news media for using appropriate language when referring to our unhoused citizens. This fosters greater compassion and empathy, empowering society to better address the needs of those without housing.

BACKGROUND
Homelessness used to be dealt with by getting the person back to their family. Then local communities and their respective churches made efforts to feed, house, and care for them.

America's early exposure to this phenomenon occurred after the Civil War. Wounded or shell- shocked veterans (today known as Post Traumatic Stress Disorder) were put on trains headed to their last known hometown. A note was pinned on their jackets with the shorthand version of "Homeward Bound," or the "hobo." Many of them never made it home. Santa Barbara was known for its encampment of people labeled as hobos on the famed Child's Estate.

Since 2005 Santa Barbara County has actively sought long-term solutions to homelessness. Its first attempt to bring together partners to address chronic homeless issues resulted in a 10 -year plan, Bringing Our Community Together, in 2006. Lack of sustainable funding impeded the plan's progress.

The County revived its effort to tackle homelessness after the U.S. Department of Housing and Urban Development (HUD) in December 2015 required communities to create regional planning bodies in order to receive federal funding and develop a database to match unhoused individuals with services. The County responded with a Community Action Plan to Address Homelessness Phase I, which began in 2019, and Phase II, which started in 2021. The County Community Services Department began to create networks of agencies and data banks of individuals needing housing and services. A Continuum of Care (CoC) was established to create partnerships among local government bodies and community agencies. It funneled federal and state monies to its member agencies.
2023-2024 Santa Barbara County Grand Jury 2

The five overarching goals of the two Community Action Plans were:
• Increase access to safe, affordable housing
• Deliver supportive services for individual needs
• Build a database and improve data sharing
• Strengthen available support systems
• Build provider capacity to address the needs of specific populations Although access to housing did not guarantee housing itself, just over 1,100 individuals were placed in housing, both transitional and permanent, during 2019 — 2021.

During the continued drought in 2019-21, numerous fires around homeless encampments in the Santa Barbara area placed scrutiny on those sites. These fires alarmed residents who feared the fires would spread beyond the encampments. In May 2021 the City of Santa Barbara declared a State of Emergency in fire -prone areas. These fires also prompted the County to focus its attention on homeless encampments, devising an Encampment Resolution Strategy (Strategy), which the Board of Supervisors adopted on August 31, 2021.

An encampment has been defined as any location where one person or more stays unsheltered every night in areas not meant for human habitation. Often included in the defmition of a homeless encampment is that a person has more personal property than can be carried in one trip and is stored at the site. The County estimates at the beginning of 2024, about 750 people live in encampments.

Part of the 2021 funding for the Strategy went to new mapping software that pinpoints encampment locations. Each encampment site is counted rather than just the larger clusters. By August 2022, there were 961 encampments mapped in the County, making this problem more conspicuous. At the time that this report was written, 721 sites are identified on the encampment map, with an estimate of more than a thousand total. There are potentially many more because some encampments can be difficult to locate or reach, even by mapping drones. 2023-2024 Santa Barbara County Grand Jury 3

Also in 2021, the State made emergency funding available to resolve encampment issues, especially along waterways and traffic corridors. The major hubs for encampments in Santa Barbara County were the Lompoc riverbed, the Santa Maria riverbed, and creeks throughout South Santa Barbara County.

In contrast to the Community Action Plans, the goals of the Strategy emphasized the safety and cleanliness of streets and open spaces, medical and behavioral health, service needs, and information sharing. For this, the Strategy promoted person -to -person connection. Outreach to unsheltered individuals was the primary directive. In its proposal to the Board of Supervisors, the Community Services Department noted:

A key best practice in encampment response is consistent outreach and engagement that includes individual case management and housing navigation.... Successful street outreach requires collaboration among multiple stakeholders and strong coordination among teams. Approaches by teams should: permit ample time for engagement and rapport -building; allow for individualized case management; be client -centered, trauma - informed, and voluntary; be paired with availability of housing resources; and be transparent and consistent at every point of contact.

While the natural environment is not part of the County's homeless plan — nor a beneficiary of state grants — the Strategy directs attention to the unsafe conditions presented by encampments:
the "risk of fire, impacts on public recreation areas and the environment, safety of the greater community and visitors, and concem for the health and safety of those experiencing homelessness."
An Encampment Response Coordinator was hired in 2021 to convene focus groups, including persons who had experienced homelessness, and forge a Response Team from many sources. The Encampment Response Team includes almost every department in the County and some outside agencies: Community Services, Public Health and Environmental Health, Public Works, General Services, Code Enforcement, Parks, the Agricultural Commissioner, Behavioral Wellness, Social Services, as well as the Public Defender's Office. Notably, the Strategy team members participate 2023-2024 Santa Barbara County Grand Jury 4

with the County Fire Department, the Sheriffs Office, as well as many non-profit organizations in the efforts to resolve encampments.

The inclusiveness of the Encampment Response Team helps in approaching the totality of the homeless encampment dilemma.

Navigating Legal Issues of the Unhoused
Historically, interaction between the unhoused population and law enforcement has included writing citations for loitering, vagrancy, panhandling, or disturbance of the peace. Occasionally, the unhoused would be asked to remove themselves from public property, which might escalate to an arrest, resulting in jail time and fines.

As the unhoused population grew, keeping unhoused individuals incarcerated became an unsustainable solution. Jails became overcrowded, and the unhoused, once released with nowhere to shelter safely or resources for change, drifted back into the community, cycling back into custody. A recent survey of the Santa Barbara County jail population showed that 242 of the 767 (32%) incarcerated people were inmates without homes.

McKinney—Vento Homeless Assistance Act
The McKinney—Vento Homeless Assistance Act of 1987 provided states with funding for homeless shelter programs. This first step, though ambitious, did not address the diversity of the needs for services from basic housing to medical/mental health services among the unhoused population. Shelters were built but soon became overcrowded. Many unhoused remained without shelter, with communities' only resource to address this problem too often leading to incarceration without consideration of the civil and human rights of the unhoused.

Martin v. Boise
In 2009, six unhoused people sued the city of Boise, Idaho, stating that incarcerating the unhoused violated their constitutional rights when the city had nowhere else to house them. The group won 2023-2024 Santa Barbara County Grand Jury 5

the lawsuit, which wound its way through the appeals courts, with a final upholding decision by the U.S. Court of Appeals for the Ninth Circuit in 2019 (Martin v. City of Boise, 920 F.3d 584 (9th Cir. 2019). The Ninth Circuit ruled that criminalizing a person for sleeping in public when no sleeping space is available in a shelter is prohibited by the Eighth Amendment's Cruel and Unusual Punishment Clause.

Johnson v. City of Grants Pass
A similar lawsuit originating from Grants Pass, Oregon included statements that the anti -camping ordinance exclude items needed for keeping safe and warm such as blankets, tents, pillows, sleeping bags, backpacks by those unhoused who must sleep in public places when no acceptable alternative forms of shelters are available. The U.S. Court of Appeals for the Ninth Circuit upheld the lawsuit reiterating that not allowing such items by the unhoused is a violation of the Eighth Amendment as cited in the Martin v Boise case in 2022. These Court rulings stated that cities' anti - camping ordinances cannot be enforced if cities do not have sufficient shelter beds available for their unhoused population. However, the rulings reiterated that a city or jurisdiction could enforce other types of restrictions of camping on public property specific to its community. This ruling applies to all nine western states over which the US Court of Appeals for the Ninth Circuit has jurisdiction, including California, Nevada, Idaho, Oregon, Alaska, Arizona, Hawaii, Montana, and Washington.

This ruling allows local jurisdictions to decide what to enforce or restrict in terms of where, when, and how the unhoused can camp. In the past year, there have been several challenges to the 9th Circuit Court's rulings of 2019 and 2023. Though pending review by the Ninth Circuit, the most recent filing of the City of Grants Pass, Oregon v Gloria Johnson, et al, was heard by the United States Supreme Court on April 22, 2024. The issue once again is whether state, county, and city anti -camping ordinances violate an individual's Eighth Amendment rights. As of the writing of this report, the Supreme Court is set to rule sometime in June 2024.

The Ninth Circuit Court of Appeals' decisions notwithstanding, cities across the country have put in place ordinances/laws to "curtail" the unhoused population and skirt around the ruling. Most are considered nuisance laws:
• Panhandling (Multiple Cities). It is a crime or a citable offense if visibly panhandling on streets, in front of businesses, and by on/off ramps.
2023-2024 Santa Barbara County Grand Jury 6

• Camping Ban (Solvang). Bans can be loosely interpreted as prohibiting camping in parks and requiring the removal of tents, sleeping bags, and personal property from encampments. In November 2023, Solvang passed an ordinance defming the time and location where the unhoused can set up encampments or park their vehicles. Encampments or parked vehicles can only occur on city -owned property for 24 hours. After the 24 hours, they must be moved.
• Sit/Lie Ban (Santa Barbara). Individuals cannot sit or lie on the streets directly or on their backpack on the streets from 7 a.m. to 11 p.m. Recently, a federal judge ruled the sit/lie ban for State and Milpas streets was constitutionally insupportable. The ordinance did not distinguish sit/lie from those eating outside, sitting for a parade or other street event, or just resting for a period of time. This ruling, at the time of this report, is being reviewed for further discussion or action.
• Food Sharing Limits (Multiple Cities). It is a violation if either an unhoused person shares food or an individual attempts to provide or share food with a person without housing. • RV Ban (Goleta). One cannot park between set hours in designated areas, which may result in fines, citations, or loss of the RV for non-compliance. The City of Goleta imposed a code for large vehicles in early 2024. It states that no person(s) may park or leave any large vehicle on any residential or commercial areas between the hours of 7:30 a.m. and 4:00 p.m. Goleta does offer safe ovemight parking areas that can be accessed after applying for a permit.
• Bench Removal (Multiple Cities). Benches in public parks have been removed to discourage congregation, vagrancy, sleeping, or panhandling.

These ordinances and more have appeared in the cities of Santa Barbara County. Some have since been retracted.

Other laws are often used against unhoused individuals, such as those involving public intoxication, trespassing, public urination/defecation, disruptive behavior, aggressive panhandling, blocking sidewalks, and littering. Ordinances against camping in public parks have been passed locally. City governments in Santa Barbara County have enlarged the scope of code enforcement for cases such as these, notifying police departments where codes are being broken. Law enforcement officers informed the Jury that citations are complaint driven mostly by private 2023-2024 Santa Barbara County Grand Jury 7

citizens or businesses. Homeless advocates say citations or arrests in these cases are harassment and that law officers treat everyone as criminals. Civic leaders, as well as law enforcement officers, are caught between the two points of view.

METHODOLOGY
The 2023-24 Santa Barbara County Grand Jury (Jury) encompassed a variety of resources in researching encampment issues. Jury members reviewed County documents, watched Board of Supervisors meetings, and read numerous news articles on local encampments and research papers on the effects of homelessness.

Committee members interviewed 22 individuals representing:
• Santa Barbara County Community Services Department
• Santa Barbara County Department of Behavioral Wellness • Santa Barbara County Public Defender's Office
• Santa Barbara County Supervisors
• The Santa Barbara County Fire Department
• The Continuum of Care, Santa Barbara County
• Mayors of Cities in Santa Barbara County
• Homeless Services Coordinators and Shelter Managers
• Local non-profit organizations with outreach workers
• Municipal Police Chiefs in Santa Barbara County
• Santa Barbara Sheriff's Office
• Goleta Neighborhood Services Division
Committee members toured encampments in the Santa Maria area, accompanied by members of the Santa Maria Police Department and Rangers from the Parks and Recreation Department. The committee also interviewed a former resident of encampments. 2023-2024 Santa Barbara County Grand Jury 8

Santa Maria Riverbed encampments

DISCUSSION
Homeless programs have always incorporated various agencies. The unhoused represent a microcosm of economic and social shortcomings, which they likely suffer from more than other segments of the population. The Community Services Department, in devising the Encampment Resolution Strategy, created working partnerships with many County and city departments and non-profit organizations to provide services more directly and effectively. This report will briefly analyze each area and its challenges and successes.

Public Safety
Fire Department
In the time span of 2020 — 2023, the Santa Barbara County Fire Department responded to 1392 fires, of which 113 (8%) were identified as transient -related. Separately, in 2023, transient -related fires accounted for 18 (5.5%) of the 329 total county fire responses. The figures for 2024 are not yet available.
2023-2024 Santa Barbara County Grand Jury 9

In this time frame, five encampments were destroyed by fire, and two were abandoned due to significant fire hazards. Similar to rules in public campgrounds, any illegal fire that generates an incident response can lead to citations or arrests. There have been rare arrests made for fires originating in or adjacent to encampments where arson was suspected. The persons in encampments don't wish to draw attention to themselves, so they are careful to conceal flames and limit smoke plumes for their cooking and warming fires as much as possible.

Particularly in the dry season, serious damage could result with rapid fire spread —endangering vegetation, structures, roadways, and even lives. The local fire departments do not actively patrol encampments, but they keep a vigilant eye on them.

When smoke or fires are reported at encampment sites, the Fire Department responds with fire abatement procedures. They can request backup with patrol officers if they perceive any threat, but generally they respond to the fire alone. If law enforcement is called in or is requested by the fire responders, confiscations of hazardous materials may occur to prevent recurrence.

The Fire Department realizes that warmth is a seasonal prerequisite for coping in encampments.

Firemen offer alternative sources for staying warm (blankets, clothing) and encourage inhabitants to take advantage of temporary warming shelters offered throughout the community.

Because encampment residents are more receptive to firefighters than police officers, the Behavioral Wellness Department has approached the County Fire Department about forming co - response teams in 2024. At the time of this report, it is not known if Behavioral Wellness will be ready to staff these new co -response teams. The Community Services Department will continue to partner with County Fire for encampment clearing.

Law Enforcement
Law enforcement plays a pivotal role in monitoring encampments. Santa Maria, Lompoc, and Santa Barbara have dedicated patrol divisions with assigned officers in charge of the nearby encampments. In Santa Maria, the Parks and Recreation Department City Rangers are also involved in monitoring encampments within city limits, and this now amounts to 70% of their 2023-2024 Santa Barbara County Grand Jury 10

workload. In South County, Santa Barbara has five police officers in a Community Action Team who regularly check on encampment areas.

The illegality of encampment locations can bring the presence of law enforcement officers due to encroachment on public lands, thoroughfares, private lands, and private corridors (railways).

Complaints from residents and businesses affected by the unsheltered can also initiate visits and corrective actions, if indicated, for violations of city codes or criminal acts such as theft, property damage, littering, aggressive panhandling, blocking entrances, cutting fences for access routes, excessive open alcohol and drug use and abuse, prostitution, and environmental damage. Even nearby public walking trails might be impacted. A local high school in Santa Maria has worked out a time schedule with the City Rangers to lessen concerns about the danger of students walking along the levees where encampments are located.

Drug dealers regularly visit encampments, the Jury was told, to sell illegal substances, sometimes resulting in arrests. Law enforcement can make arrests for drug paraphernalia and evidence of drug use inside the encampment, but these only result in misdemeanors. There can be felony arrests for drug sales.

One Police Chief told the Jury that you do not solve homelessness by sending the unhoused people to jail. In fact, homeless advocates say that those living in encampments are more often victims of crime, not the perpetrators.

The Jury learned of concerns by encampment residents over aggressive police patrols and a negative undertone, if not open disregard, for the plight of those without housing. When law enforcement is called to an encampment, they often are met with resistance due to fear of evictions, citations, and possible arrests. Social service personnel and non-profit volunteers often co -respond with law enforcement to provide non -threatening explanations, protections, and referrals to ensure the rights of unhoused persons are fully protected. However, when accompanied by law officers, distrust, even resentment, is often the reaction among the unsheltered.

Sweeps
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Many consider the encampments visually displeasing with tarps, tents, shopping carts, bikes, pets, personal belongings, and pallets. There are many encampments sequestered underneath road overpasses and bridges, railway corridors, along riverbeds, creeks, and in the hills behind thick vegetation. When close to transportation corridors, those who pass by and those who occupy the encampment are at risk of injury. Caltrans has determined that encampments next to the highway are a danger to the public. This concern often leads to clearing encampments or "sweeps." The County, in conjunction with cities, Caltrans, and Union Pacific, has cleared 700 encampments since 2021.

Inhabitants from encampments can also negatively affect tourism and businesses if there is excessive loitering, use of private restrooms or trash bins, and aggressive panhandling. Farmers too have legitimate concerns about possible contamination due to human waste and unsanitary conditions near crops raised for human consumption. Farmers and business owners have been known to file complaints and initiate evictions.

Cities can enforce illegal camping rules, but currently they can only be applied if there is shelter for them, and the people in encampments refuse shelter. Then local jurisdictions can evict the residents and initiate a sweep. Jury members heard how some encampment residents will say they want shelter, knowing that none is available, so they cannot be cited for illegal camping or trespassing.

A number of people living in encampments have more than one place of settlement. If their current camp is swept, they transfer to their other location. Eventually, many return to the first site.

Community frustrations rise when an encampment re-establishes at the same location. The large Santa Ynez River encampment near Lompoc is one key example. The City of Lompoc spent nearly a half million dollars cleaning up 472 tons of trash from 60-70 encampments with over 100 residents in 2019, only to do a similar clean up two years later.

When a sweep is performed and the proper notifications and requirements are met, a police presence can be assured at that time. Multiple agencies are also involved. These include Social Services, Behavioral Wellness, housing representatives such as Good Samaritan, Santa Barbara Alliance for Community Transformation (SBIACT), City Net, and People Helping People, mental health practitioners, substance abuse disorder specialists, medical coordinators, and other community support program managers and volunteers. These participants focus on housing 2023-2024 Santa Barbara County Grand Jury 12

provisions and wraparound social services for those being displaced. No matter how much time a posted notification is given ahead of a sweep, the displaced occupants can still be upset and complain of inadequate notice. Anger can be directed at all parties, especially law enforcement.

For this reason, when all participating agencies coordinate, they are prepared to present a balanced front and carry through with empathy and consideration.

For example, in January 2024 an encampment on private property had been notified of a sweep along a Santa Ynez River tributary. The owner had been cited by the Central Coast Water Authority to remove the encampment material. In spite of the one -week notification of the upcoming sweep, no one left the encampment. Good Samaritan had contacted the residents about housing alternatives, but there were no takers for housing. On the morning of the sweep, People Helping People appeared with trucks and convinced people to sign up for services, including food stamps, storage of belongings, and housing with Good Samaritan.

Flooding
A large concern along the riverbed corridors is the threat of seasonal flooding. The past two years have seen significant rainfall totals in the upper Santa Ynez and Santa Maria watersheds, causing both rivers to experience substantial flow. Small creeks can also be very dangerous, with sudden rises in water levels after heavy rainfall in the surrounding mountains. In the spring of 2024, a transient woman drowned in Santa Barbara's Mission Creek.

When large county reservoirs fill (Lake Cachuma and Twitchell Reservoir), either the gates are opened to release excess water or overflow spillage occurs, resulting in increased river volume.

Inflow from multiple downstream tributaries coupled with dam overflow or release markedly escalates the risk for loss of personal property and endangers lives in the riverbed encampments.

Since 2019, riverbed encampments have been mapped by overhead drones equipped with GPS and cameras with the help of Heal the Ocean. However, drones cannot reach all sites because of their limited range. Warnings are then issued via foot patrols and loudspeaker announcements from the Sheriff's Office helicopters. After the heavy rains of 2023, the warning protocols were strengthened.
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HOUSING
Point in Time Count
The Santa Barbara County Community Services Department and the CoC do a yearly Point in Time count in January. Volunteers visit shelters and also makeshift dwellings such as vehicles, abandoned buildings, bus or train stations, airports, parks, camping grounds, and known encampments. Many encampments are too isolated for the volunteers to reach and thus are not included in the Point in Time Count. Although the Count did not reach all people without housing or all encampments, the Count for 2024 found 232 more people than the Count for 2023. In 2024, the Count for Santa Barbara County was 2,119 individuals, of which 1,332 (63%) were unsheltered and 787 (37%) were sheltered. Of the people without shelter, 46% were outside and 53% in vehicles.

Due to more housing available recently, there had been a 3.7 % decrease in the number of people experiencing homelessness countywide between the 2022 and 2023 Point in Time Counts. But there was a 12% increase from 2023 to 2024. Both the number of persons living in shelters or transitional housing and those living unsheltered increased, the greatest increase being in individuals sleeping in cars and families with children. The Community Services Department attributes the increase to the rise in rents, the cessation of COVID-related eviction moratoriums and emergency housing vouchers, and continuing inflation. There was no count of those specifically living in encampments, although the County Community Services Department estimated that 750 unhoused people were living in encampments at the beginning of 2024.

Housing Inventory
The biggest challenge to encampment resolution is the lack of affordable housing. Homelessness is a housing issue.

Santa Barbara County has the sixth highest rental housing costs in the U.S. These costs are contributing to the rise in homelessness. There is very limited affordable housing built in this area without large amounts of government funding or foundation grants. During the pandemic, the State provided billions of dollars to convert motels into permanent housing. One such project in Goleta will open mid -2024, and it will be the last to open with Homekey funding, a part of the Coronavirus State Fiscal Recovery Fund.
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Several permanent and interim housing projects have been added to the CoC inventory since 2020, resulting in an increase of 787 beds dedicated to persons who are or were experiencing homelessness. There are several established interim housing programs in the County: PATH Santa Barbara, Willbridge of Santa Barbara, Bridge House of Lompoc, Good Samaritan Santa Maria, Partners in Housing, Transition House Santa Barbara, the Rescue Mission and the Salvation Army.

Since the Strategy began, 143 people from encampments have moved into permanent housing and 146 into interim housing or shelters.

Dignity Moves, a non-profit, offers lockable and secure 8'x8' units. It first opened a tiny home center in Santa Barbara in August 2023 with 34 units. In March 2024, 94 similar units opened in Hope Village in Santa Maria. Ten of these homes were dedicated to those living in encampments in the Santa Maria area. In May 2024, Dignity Moves opened La Posada with 80 units located between Santa Barbara and Goleta, of which half are meant to house 40 individuals living in the established encampments nearby. Those in encampments have been more willing to move into these homes than to relocate to shelters because of the privacy and safety afforded by locked doors.

Housing Resistance
Many encampment residents would prefer housing where they can maintain their independence, such as in transitional housing. Over the past two years, the acceptance rate for moving into a congregate (shared space) shelter has been only 20%, and for those who do accept, approximately 35% elect to re -camp after they have been in a congregate shelter.

Many unhoused individuals, especially those in encampments, have difficulty transitioning to housing programs. Some choose not to accept shelter and prefer the freedom of encampments, along with the ability to make their own decisions. Reasons given by the encamped residents for declining housing and services include curfews, unwillingness to pare down belongings, wishing to remain with their pets, not wanting to sacrifice their independence, distance from work or medical services, and lack of privacy in some congregate shelter settings. In Santa Maria, for example, of the approximately 120 people in encampments near the strawberry fields, only two or three accepted housing. Encampment Strategy Plan staff acknowledge that without provisions for 2023-2024 Santa Barbara County Grand Jury 15

partners, property, and pets ("the three Ps"), inhabitants of encampments often return to the encampment from interim housing.

Housing Services
Dignity Moves has restrictions for entering and staying at their centers, differing from federal and state -funded projects where Housing First is practiced. This federal protocol places people in housing first, with wraparound services available, letting the formerly unhoused work out their issues at their own pace. Santa Barbara County has a good track record — 90% stay when treatment is coupled with housing. Other agencies also have positive results. At the Good Samaritan shelter, the unhoused receive services on many levels, resulting in a 96% retention rate. However, services come at a high cost to the County.

The recent increase in units for the residents in encampments has been assisted by utilizing County - owned property. The County has 18 County -owned sites with a potential for nearly 6,000 new housing units. For the newly opened Hope Village in Santa Maria, Santa Barbara County provided $1 million toward the $7.5 million in capital costs and pledged $8.5 million more in services for five years. No further housing projects on County property are being discussed for the near future because of these high operational costs.

These low-cost move -in units helped house over 1,400 formerly unhoused people and resolved 700 encampments in the first two years of the Encampment Strategy. But more housing is needed.

The County stated in its Year 1 Progress Report that "[t]he biggest challenge to encampment resolution has been the lack of shelter (congregate and non -congregate)." Some individuals have moved into transitional units, only to be asked to leave when there are no units available at the next level. This setback can lead to being homeless again. Moving the unhoused into affordable housing, a limited commodity in Santa Barbara County, depends on high turnover up the housing chain. When forced to move out of provisional housing, former encampment residents are at great risk of leaving one unsheltered location for another.

MENTAL HEALTH
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Living on the streets or in encampments is a challenging experience for those who have lost the means to support themselves and cannot afford to live in a traditional residence. For people who suffer from mental illness and are forced by circumstances to live in encampments, it is devastating. Statistics show that a significant proportion of individuals experiencing homelessness struggle with severe mental illness. The 2024 Point in Time Count estimated that 34% suffered from severe mental illness and 27% had a substance abuse disorder. The County Community Services Department estimates that drug addiction and mental health issues are even higher in encampments than in the general homeless population: 50-60% with mental health issues and 40- 50% with addictions and/or substance abuse issues.

People in encampments are often victims of crime according to encampment residents and law enforcement. It is well -documented that trauma can be the result of repeated domestic abuse, sexual abuse, and other forms of violence. Compounding the problem is that unhoused individuals with mental illness may self -medicate just as other members of encampments do, and the illicit use of drugs can exacerbate their mental disorders. Individuals with mental illness may have difficulty performing regular daily tasks, caring for their hygiene, or making lasting relationships.

Anti -social tendencies may cause dissension and misunderstandings, which may lead to more trauma.

Housing People with Mental Illness
There is considerable agreement in the professional community that one of the most important elements in assisting unhoused people with mental illness is to find stable housing. It must be subsidized and include wraparound services, as in Housing First. Arranging for housing involves incremental steps, beginning with a tiny home as a first haven and then segueing to more stable and permanent living arrangements. The ideal goal is to find long-term suitable housing whether it is the type of model such as Sanctuary Centers has developed where the goal is to house and attend to the needs of people with life-long mental illness, or other supportive housing solutions suitable to the nature of a person's mental illness. The bridge housing to be developed by Behavioral Wellness will also offer some units for those leaving homelessness.

Outreach is an integral step in ending homelessness. Mentally unstable individuals are less likely to contact agencies that will help them. A major roadblock occurs when assistance is offered to a 2023-2024 Santa Barbara County Grand Jury 17

mentally troubled person and the offer is refused. A nuanced introduction to the programs available is required.

Housing is a positive step because it ostensibly is meant to help stabilize individuals with mental illness feel safer, making it easier for them to receive medication and counseling. In this stable environment, symptoms could become less extreme, and they could begin to process traumatic experiences that they may have had prior to or when in encampments.

Educating the Public
Perception is everything. Residents of Santa Barbara County are impacted by the incursion of homeless encampments on or near their property. There are inherent difficulties in communicating with mentally ill members of the homeless settlements. While many residents of Santa Barbara County are empathetic and understand the circumstances that cause part of the population to be homeless, some citizens do not fully grasp the dire situations of people living apart from housed society.

Finding ways to create understanding in the public forum is necessary to decrease public misconceptions about the behaviors of people with mental illness. This becomes a critical step when county or community agencies are proposing housing for the people with mental illness in neighborhoods. In South County, public objections have stopped several supportive housing plans.

However, an early meeting for the project at La Posada turned from negative to positive when one person stood up to tell her story of how supportive housing helped her find her way again. Citizens of North County, the Jury heard, are more willing to listen. Still, incidents such as those at Housing on Depot Street in Santa Maria, where too many complaints caused formerly homeless residents to lose housing, could damage a fragile acceptance.

Resources for Services
Behavioral Wellness extended its street outreach, which included:

Consistent outreach by trained personnel
• Easily accessible assistance for those seeking or in need of help • Crisis intervention availability — crisis centers such as the Crisis • Stabilization Unit and co -response teams
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• Collaboration between or integration of the mental health agencies and outreach workers • Intensive training for those giving direct services
One large stumbling block for building a mental health network is the lack of qualified workers.

With few outreach workers and not enough clinicians for co -response teams, Behavioral Wellness cannot fully service unhoused people with mental illness in encampments.

Good Samaritan and Behavioral Wellness work side by side with a mental health contract. These shelters have their own clinicians who are trained by Behavioral Wellness. They are then able to provide services and drug and alcohol treatment at their sites.

California Advancing and Innovation Medi-Cal (Ca1AIM) has a five-year plan that includes a comprehensive approach addressing the needs of the unhoused and people with mental illness. The timeline for the first CalAlMreforms began in January 2022, and additionalreforms will be phased in through 2027. The 2023 Benioff Homelessness and Housing Initiative from the University of California, San Francisco, found that just expanding health coverage and adding social services is not serving all those in need. The Initiative found that 83% of unhoused people surveyed said they had health insurance, mostly through Medi-Cal, California's Medicaid program for low-income people. Yet more than half relied on the emergency room for care, and nearly a quarter said they couldn't access the care they needed. A majority who said they were experiencing mental health problems weren't being treated or did not receive care through emergency visits.

HEALTH
The Encampment Strategy prioritizes the health and safety of those living in encampments. In Santa Barbara County the unhoused population has faced various health challenges due to living in encampments, especially during the COVID-19 pandemic.

The COVID-19 pandemic illuminated limitations within the healthcare system. Its impact on unhoused individuals in Santa Barbara County was particularly pronounced. During the pandemic, there was concern that breaking up homeless encampments would create unnecessary risks for both the displaced individuals and the broader community. In 2020, the Centers for Disease 2023-2024 Santa Barbara County Grand Jury 19

Control (CDC) advised cities and counties to leave encampments in place. CDC's directive took effect, and people in encampments were removed only to safe bed situations, such as with Project Roomkey. Sweeps stopped. Ignoring the CDC's recommendation, a Pershing Park sweep in Santa Barbara in March 2021 forced campers back onto the streets, potentially exposing them and others to COVID-19.

Unhoused individuals in Santa Barbara County face continual significant healthcare challenges, especially within encampments. These include:
• Lack of Access to Basic Amenities: Many encampments lack running water and sanitary facilities like bathrooms/porta-potties.
• Infectious Diseases: Close living quarters, inadequate hygiene, and limited access to medical care increase the risk of infectious diseases such as tuberculosis, hepatitis, and skin infections.
• Substance Abuse: Encampments often become hubs for drug use, which can lead to overdose, infections, and other health complications.

The Benioff Homelessness and Housing Initiative showed that involuntary displacement of people experiencing homelessness who inject drugs could lead to significant spikes in overdoses, hospitalizations, and mortality, possibly contributing to 15-25% of deaths among the unsheltered population over ten (10) years.

The Santa Barbara County Public Health Department last reported on deaths among the unsheltered in June 2023. During the period from 2019 to 2022, there were 143 deaths of people without housing in Santa Barbara County. According to the Public Health report to the Board of Supervisors, the leading causes of death were overdoses of drugs and alcohol, cardiovascular disease, and suicide. The underlying causes were predominantly substance abuse and mental health afflictions. The 2023 report from the County noted that the average age of death of those experiencing homelessness is 54, as opposed to 76 in the general population.

In health matters, the County has turned to its Multi -Disciplinary Team, which includes Behavioral Wellness, Public Health, and the Public Defender, counting on their field experience to reach those living in encampments. Outreach workers began by handing out hygiene kits and providing safe 2023-2024 Santa Barbara County Grand Jury 20

needle drops, COVID-19 testing, and vaccinations as "temporary health and safety measures." The protocol for Public Health was to identify communicable diseases and treat the affected person to prevent the spread of disease. Health measures now also include clean-up of trash, human waste, and vector hazards.

Partnerships with community service agencies have provided many health services at various sites where people living in encampments can access health care. In 2020, SBIACT began organizing representatives and nurses from various organizations in Santa Barbara to address health and psychological needs. Doctors Without Walls is one such organization. Good Samaritan in Santa Maria has a Public Health office on its site, where medications can be obtained. Its shelter has recuperative beds after hospitalization. Both organizations offer meals and showers to help attract homeless individuals and then connect them with health services. There are two other Health Care Centers located in homeless shelters and about a dozen Health Care Nurses stationed in shelters or transitional living centers. At these sites, the unsheltered can be entered into the County's databases for further health assistance and follow-up.

The health field is changing. CenCal, Medi-Cal, and CaIAIM will focus on services for unhoused residents. In the year leading up to spring of 2024, over 900 individuals in the county's Homeless Management Information System had fully enrolled in Medi-Cal and over 1000 had applied for this coverage.

FUNDING
Traditionally, organizations like the Red Cross and the Salvation Army solicited donations from individuals to fund their efforts in helping unhoused individuals. Local churches took similar donations to fund their food and shelter programs, but these were limited in scope and effectiveness. These efforts basically intended to ease hunger and provide shelter during severe weather conditions or individual economic decline and were not long-term solutions for the individual suffering from homelessness. Now, the involvement of many members from different organizations in the County has become an ever more important resource in the solution for encampments.
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The Encampment Strategy began during the pandemic when rapid encampment proliferation occurred. In October 2021, the Community Services Department requested funding for the initial Encampment Strategy and Response Protocol, a three-year project. At that time, the American Rescue Plan Act (ARPA) offered federal stimulus funds to local communities, and applications for helping the unsheltered community were encouraged. ARPA funds allowed for hiring an Encampment Response Coordinator to direct the Multi -Disciplinary Team primarily made up of Behavioral Wellness, Public Health, the Public Defender, and Good Samaritan outreach workers.

The County also allocated increased funding for shelter beds and housing from the general fund.

Additional monies from ARPA funds went to software, debris removal, and some outreach.

In 2021, the State announced competitive grant funding to resolve encampments. Santa Barbara County's Encampment Strategy was successful in acquiring $2,520,000 for encampment resolution along transit corridors (highways and railroad tracks). This resolved 95 encampments.

In 2022, more state funding became available to assist with encampments along waterways, and the Encampment Strategy was awarded $6,000,000. In 2024, the County won a third grant along with the City of Santa Barbara to clear 21 vehicle encampments, with the goal of housing 300 people. The award of three state grants is testimony to the efficiency of the Encampment Strategy programs and the dedication of those working tirelessly to resolve the encampments and house those living there.

The state grants are one-time allocations. The County is facing what they refer to as "funding cliffs" when the funds expire. New state funding for encampments cannot be assured. Response to reduced funding at the state level has encouraged the forging of new partnerships with other entities such as Community Correction Partnerships, Behavioral Wellness (Mental Health Services Act), CenCal Health, foundations, and non-profit organizations.

The California Encampment Resolution Fund Round 1 (CERF 1) was established in 2006 to increase collaboration between the California Interagency Council on Homelessness (Cal ICH), local jurisdictions, and the County's CoC. These funds address the safety and wellness of encamped individuals, transitioning them into interim and permanent housing. CERF 2 released funding in December 2022 and contributed to the three state grants awarded to the Encampment 2023-2024 Santa Barbara County Grand Jury 22

Strategy's staff. CERF 3 funds, available in 2023, will continue to focus on the resolution of encampments.

As the County's CoC is the designated receiver of various state and federal funds, it distributes most of its funding directly to non -profits that operate within the cities and the County. In the past, this has led to competition among the various agencies and has created a wedge in cohesive and collaborative relationships. Another drawback to funding being concentrated in the hands of the County's CoC is that cities do not usually receive similar grants. Thus, local cities do not have enough funding to be able to invest in housing.

Building teams outside the sphere of CoC has fostered coordination and cooperation among partners for specific projects. Such direct proactive cooperation among County agencies can greatly reduce redundancy for specific projects and produce tangible results. The first example of the team approach at the County level was Project Homekey in 2021. In just over five months an office building was converted into homeless housing. In 2024, the County collaborated with the City of Santa Barbara, and they were awarded a grant for the New Beginnings Safe Parking program which allows RV's and private vehicles to park overnight.

More robust state funding for health services began in 2022. Organizations will now be reimbursed for health and mental health expenditures for people experiencing homelessness. Medi-Cal, CaIAIM, and CenCal will pay for wraparound services, which may free up more money for outreach and housing. Good Samaritan has been the first recipient of funding from CaIAIM, which will help to provide intensive support services such as substance abuse prevention and case management.

Funding for unhoused people who have mental illness is available from California state-wide taxes, as well as Federal funds. State funding for mental illness amounts to $10-13 billion per year.

About a third of the money counties receive to provide mental health services comes from the Mental Health Services Act passed in 2004, known as the "Millionaire's Tax Law" because of the taxation of 1 percentage point tax on incomes above $1 million per year. The recently passed California Proposition 1 will take 30% of this tax to help the chronically unsheltered and those living in encampments by creating housing. The implementation will begin in July 2024. 2023-2024 Santa Barbara County Grand Jury 23

In April 2024, for the third -year review of the three-year Encampment Strategy program, the Community Services Department requested $500,000 from the remaining ARPA funds for sanitation services. These funds would pay for the removal of debris and biohazards from encampments for two years. The department had previously asked for a funding allocation to support the position of the Encampment Response Coordinator for an additional two years. The Board of Supervisors extended the life of the Homeless Encampment Resolution Strategy by allocating these funding requests. The County has approximately $8 million left in ARPA funds for future homeless projects in the next two years.

Environment
The impacts of encampments on the environment are most noticeable in riverbeds and open spaces near transit corridors. Encampments next to freeways and railways endanger the landscape as well as the unsheltered themselves. Encampments in riverbeds can have further negative effects on the environment such as damage to vegetation and water pollution, whether to groundwater, local creeks, or the ocean.

The Encampment Resolution Strategy of 2021 had "impacting sensitive environment/water quality" as one of its five criteria for cleaning up encampments. The Response Protocol of the Strategy included $375,000 per year for sanitation services and $100,000 per year for storage of personal property during the three-year plan. Since state funding did not allow paying for clean- up, the County allocated ARPA funds for this, and the money is primarily dedicated to removing debris from abandoned encampments.

In 2019, the first year of the Strategy, no clean-up took place. In January 2022, the County hired a privately owned company for sanitation purposes, removing debris and human waste. During that second year, the County reported that the company removed 70 tons of trash, 145 pounds of bio- hazard waste, 4.75 pounds of needles, and 73 propane cylinders. Finding contractors for this purpose is problematic because of the biowaste left at the site. The City of Santa Maria hired a private contractor willing to do the job. Heal the Ocean also has hired a small company, composed of trained homeless volunteers, to clean up after an encampment is removed. 2023-2024 Santa Barbara County Grand Jury 24

Pollution is a serious threat to the environment. Garbage, propane and oil, biowaste, toxic trash such as needles, and chemical spills — all find their way into the ground. If near a water source, this contamination can enter the groundwater or be carried downstream. For those living near waterways and depending on groundwater for safe drinking water, encampments pose a threat to public health. Communities that rely on groundwater have no recourse from contaminating encampments at this time.

Complete resolution of an encampment would include restoration of the vegetation and the cleanliness of the water. Such work is long and costly. To date, only a few sites have been restored.

The environment often remains endangered, as 35% of the cleared encampments reappear in the same location within a year's time according to the Community Services Department.

The lust round of State funding granted $150,000 for environmental rehabilitation, but there has been no additional public funding for restoring the original state of the environment. Non-profit agencies have partnered with local government agencies to help monitor and clean out encampments voluntarily. Heal the Ocean has created a task force in conjunction with the Fire Department and the Sheriff's Office to coordinate clean-ups. Volunteers with the Santa Barbara Urban Creeks Council and Channel Islands Restoration have worked to restore creek beds after an encampment removal.

CONCLUSION
Encampments are a barometer of our efforts to help our unhoused individuals. If we do nothing, the encampments only grow. Dangerous conditions such as fire, illnesses, and crime increase. If we work collaboratively, we can assist the citizens living in encampments to reintegrate back into the communities.

Solutions to homeless encampments are no longer a local issue with limited resources. There are a multitude of resources available. There can be a collective impact when there is a true team approach. The success of multi -disciplinary teams lies in coordination of all agencies, government and private, to work together to resolve the social and economic issues that encampments make visible.
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The Homeless Encampment Resolution Strategy has demonstrated the clear vision of the Community Services Department. This Strategy evolved into a network committed to helping individuals who live in encampments and keeping our public lands safe and protected. In so doing, our County departments and our cities have learned to support each other for the good of everyone in the County.

FINDINGS AND RECOMMENDATIONS
Finding 1
Use of a team approach has made engagement with community services more acceptable to those who live in encampments.

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.

Recommendation 2
The County and the cities shall ensure that all sweeps occur utilizing a multi -disciplinary approach.

Finding 3
Encampments lack basic sanitation services.

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.

Finding 4
Encampment residents are reluctant to transition to housing with strict rules of conduct. 2023-2024 Santa Barbara County Grand Jury 26

Recommendation 4
The County shall encourage the creation of more units that continue the Housing First model, providing a home fast, and offering supportive services as the individual learns to cope in socially accepted ways.

Finding 5
State funding for helping people without housing is becoming less available.

Recommendation 5
The Board of Supervisors shall instruct the County Community Services Department to work with community partners in addition to Continuum of Care members to pursue funding opportunities beyond those coming from the State or the encampment resolution.

Finding 6
Most state encampment funding cannot be applied to environmental restoration.

Recommendation 6
The Board of Supervisors shall instruct the Community Services Department to invite environmental non -profits into its multi -disciplinary teams.

Finding 7
When heavy rain is forecast and materializes, the persons in encampments along creeks and riverbeds are at high risk for loss of life, personal property, and living quarters.

Recommendation 7a
The Santa Barbara County Sheriff's Office and the Office of Emergency Management, using mapping technology, shall continue to refine and share comprehensive locations of encampment sites among all concerned agencies.

Recommendation 7b
2023-2024 Santa Barbara County Grand Jury 27

The Santa Barbara County Sheriff's Office and the Office of Emergency Management shall develop and formalize a multi -modal warning system to relocate persons when there are looming credible threats.

REQUEST FOR RESPONSE
Pursuant to California Penal Code Section 933 and 933.05, the Santa Barbara County Grand Jury requests each entity or individual named below to respond to the enumerated findings and recommendations within the specified statutory time limit:

Responses to Findings shall be either:
• Agree
• Disagree wholly
• Disagree partially with an explanation
Responses to Recommendations shall be one of the following:
• Has been implemented, with brief summary of implementation actions taken • Will be implemented, with an implementation schedule
• Requires further analysis, with analysis completion date of no more than six months after the issuance of the report
• Will not be implemented, with an explanation of why
Santa Barbara County Board of Supervisors - 90 days
Findings 1, 2, 3, 4, 5, 6, 7
Recommendations 2, 3, 4, 5, 6, 7a, 7b
City of Santa Barbara - 90 days
Findings 2, 3
Recommendations 2, 3
2023-2024 Santa Barbara County Grand Jury 28

City of Goleta - 90 days
Findings 2, 3
Recommendations 2, 3
City of Carpinteria - 90 days
Findings 2, 3
Recommendations 2, 3
City of Solvang - 90 days
Findings 2, 3
Recommendations 2, 3
City of Buellton - 90 days
Findings 2, 3
Recommendations 2, 3
City of Lompoc - 90 days
Findings 2, 3
Recommendations 2, 3
City of Guadalupe - 90 days
Findings 2, 3
Recommendations 2, 3
City of Santa Maria - 90 days
Findings 2, 3
Recommendations 2, 3
Santa Barbara County Sheriff's Office — 60 days
Finding 7
2023-2024 Santa Barbara County Grand Jury 29

Recommendation 7a, 7b

APPENDIX
Homeless Management Information System (HMIS) partner agencies:
• 211
• Americorps Partnership United Way of Santa Barbara County • CenCal Health
• Channel Islands YMCA
• City of Goleta
• City of Santa Barbara
• City Net
• CommUnify
• Community Action Commission
• Cottage Health
• Dignity Health
• Family Services Agency
• Fighting Back Santa Maria Valley
• Freedom Warming Centers- Unitarian Society of Santa Barbara • Good Samaritan Shelter
• Housing Authority for the City of Santa Barbara
• Housing Authority for the County of Santa Barbara
• Independent Living Resource Center
• Jodi House Brain Injury Support Center
• LAGS Recovery Centers, Inc.
2023-2024 Santa Barbara County Grand Jury 30

• Legal Aid Foundation of Santa Barbara County
• Outreach Grid • Mental Wellness Center
• New Beginnings Counseling Center
• Partners in Housing Solutions
• PATH Santa Barbara
• People's Self -Help Housing
• Sanctuary Psychiatric Centers of Santa Barbara
• Santa Barbara Alliance for Community Transformation (SBIACT) • Santa Barbara Community Housing Corporation
• Santa Barbara County Dept. of Behavioral Wellness
• Santa Barbara County Dept. of Community Services
• Santa Barbara County Office of Public Defender
• Santa Barbara County Dept. of Public Health
• Santa Barbara County Dept. of Social Services
• Santa Barbara Rescue Mission
• Santa Ynez Valley People Helping People
• Sarah House Santa Barbara
• Social Venture Partners
• St. Vincent's Santa Barbara State of California
• The Salvation Army
• United Way of Northern Santa Barbara County/Home for Good Santa Barbara County • University of California at Santa Barbara Student Services • Veteran's Administration
• WillBridge of Santa Barbara
2023-2024 Santa Barbara County Grand Jury 31

Santa Maria
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SANTA MARIA
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CITY OF SANTA MARIA

OFFICE OF THE CITY MANAGER
City Manager, Ext. 2200
C itymanager-admin@c i tyo fsantamaria. org
110 EAST COOK STREET • SANTA MARIA, CA 93454-5190 • (805) 925-0951 • FAX (805) 349-0657 • www.cityofsantamaria.org 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 and 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 occur 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 other 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 often 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 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:

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 portion 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

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, 2 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 Section 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 potential 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 for 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
3 Project Site
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VICINITY MAP

ATTACHMENT A

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ATTACHMENT B - FLOOR PLAN

EL TORO LOCO SUPERMARKETS

EMPLOYEE ALCOHOL TRAINING
At El Toro 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

EL TORO LOCO SUPERMARKETS

EMPLOYEE ALCOHOL TRAINING
❖ Refusing a Sale
• Please keep the following in mind when refusing a sale:
• Move the product out of reach
• Remain polite, tactful and firm. Do not argue with the customer • Blame state law for your refusal — you cannot legally sell to minors or an apparently intoxicated person
• Offer to sell them a non-alcoholic beverage
• Let them know you value them as a customer but you must follow state law
• Obtain assistance from your supervisor if the person becomes argumentative or belligerent
• Call the police if necessary
• You cannot physically restrain a customer or take possession of their car keys or vehicle
• An intoxicated customer can remain at your business if they do not have alcohol. Make sure they do not ask another customer to buy them alcohol
❖ Documentation / Record Keeping
• Your log book is an important tool for recording alcohol -related incidents. It provides written documentation, taking the pressure off you to remember the details of an incident long after the fact. It also provides your supervisor with a record of incidents occurring at your business. We strongly recommend that you use the following guidelines to establish your record -keeping:
• A bound notebook should be used for all record -keeping so any pages torn out are noticeable
• Use an ink pen not a pencil
• Complete the log book every day. If there were no incidents, indicate this in your notes
• If a line is left empty, cross it out to prevent anything from being added later
• Record the facts each day; time, date, place, and a description of the alcohol -related incident and the people involved. If you do not have names, describe the person(s) involved
• Indicate whether the police were called and record their 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 20 ABC license to sell beer and wine for off site consumption at 204 North Blosser Road, Suite B; and
WHEREAS, the Department of ABC 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 licenses 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) of 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 Quality 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 20 license at this location.

Section 4. The City Council finds that the issuance of the Type 20 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 beer 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 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.

Mayor
ATTEST:

Chief Deputy City Clerk
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:

FROM:

BY:

SUBJECT:

City Council
Acting City Manager Chuen Wu
Chief of Police Marc Schneider
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 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:

BACKGROUND:

The Santa Maria Police Department (SMPD) has provided School Resource Officers to school districts since 1997 when the first Challenge Grant was implemented to address truancy and juvenile offenders. Since that time School Resource Officers have been deployed to school districts on a regular basis. Starting with 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 forced to place these services on hold in December of 2021, as the staff was needed to support operations in other areas. The department continued to work with the districts to 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 recruitment and retention efforts. Additional School Resource Officers may be added at the request of the district and availability of staffing within SMPD.

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 than 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 rates 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.
2 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 will benefit from an established police presence resulting in shorter response times, as well as the partnership established by the agreements.

Other Agency Review
Upon the Mayor's execution of the SMJUHSD 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
3 SCHOOL DISTRICT SUPPLEMENTAL

LAW ENFORCEMENT SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF SANTA MARIA
AND

SANTA MARIA JOINT UNION HIGH SCHOOL DISTRICT

TABLE OF CONTENTS

PARAGRAPH TITLE PAGE
RECITALS 2

1.0 SCOPE OF SERVICES 2

2.0 ADMINISTRATION OF PERSONNEL 4

3.0 RESERVED 5

4.0 PERFORMANCE OF AGREEMENT 5

5.0 INDEMNIFICATION 6

6.0 TERM OF AGREEMENT 6

7.0 RESERVED 7

8.0 BILLING RATES 7

9.0 PAYMENT PROCEDURES 8

10.0 AMENDMENTS 8

11.0 ASSIGNMENT, DELEGATION, AND SUBCONTRACTING 9

12.0 AUTHORIZATION WARRANTY 9

13.0 GOVERNING LAW, JURISDICTION, AND VENUE 9

14.0 NOTICES 9

15.0 VALIDITY 10

16.0 WAIVER 10

17.0 ENTIRE AGREEMENT 10
SIGNATURES 11
Attachment B

SCHOOL DISTRICT SUPPLEMENTAL

LAW ENFORCEMENT SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF SANTA MARIA
AND

SANTA MARIA JOINT UNION HIGH SCHOOL DISTRICT
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:

1.0 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 2 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.

2.0 ADMINISTRATION OF PERSONNEL

2.1 The rendition of the services performed by the Police Department, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so 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 3 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 PERFORMANCE 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 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 4 Police Department in connection with the performance of its duties in territory 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.

5.0 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.

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

7.0 RESERVED

8.0 BILLING RATES

8.1 For and in consideration of 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.

9.0 PAYMENT PROCEDURES

9.1 The City, through the Police Department, shall render to the District within thirty (30) calendar days after the close of each calendar quarter a summarized invoice which covers all services performed during said quarter, and the District shall pay City for all undisputed amounts within thirty (30) calendar days after date of said invoice.
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 thirty (30) calendar days after the dispute resolution is memorialized.

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

9.5 Notwithstanding the provisions of California Government 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 satisfy such indebtedness, including interest thereon, from any funds of the District on deposit with the City without giving further notice to the District of the City's intention to do so.

10.0 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, 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.
6 12.0 AUTHORIZATION WARRANTY
The District represents and warrants that the person executing this Agreement for the District is an authorized agent who has actual authority to bind the District to each and every term, condition, and obligation of this Agreement and that all requirements of the District have been fulfilled to provide such actual authority.

13.0 GOVERNING LAW, JURISDICTION, AND VENUE
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. The parties agree and consent to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this Agreement and further agree and consent that venue of any action brought hereunder shall be 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, CA 93455
Notices to the District shall be addressed as follows:

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

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

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

SANTA MARIA JOINT UNION HIGH SCHOOL DISTRICT

CITY OF SANTA MARIA
By:

APPROVED AS TO FORM:
`Risk Manager City Attorney's Office
8 EXHIBIT A

SCHOOL DISTRICT SUPPLEMENTAL LAW ENFORCEMENT SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF SANTA MARIA AND

SANTA MARIA JOINT UNION HIGH SCHOOL DISTRICT

OVERTIME

CHARGES

FOR SUPPLEMENTAL SERVICES
2023-24

SCHOOL YEAR
Service Units
Hourl OT Rate
Total Hours Re • uired
Total Unit Cost
Police Officer
$ 127.60
•
N/A
ElltiniMMEI1
Total Estimated Cost not to exceed
Approved:

Poli Chief
A
r q t$ 23
Su•erintendent Date
9 RECEIVED
SCHOOL DISTRICT AUG 0 3 2023

LAW ENFORCEMENT SERVICES AGREEMENT
BY AND BETWEEN Asst, Supt. Business

THE CITY OF SANTA MARIA
AND

SANTA MARIA JOINT UNION HIGH SCHOOL DISTRICT

TABLE OF CONTENTS

PARAGRAPH TITLE PAGE
RECITALS 2

1.0 SCOPE OF SERVICES 2

2.0 ADMINISTRATION OF PERSONNEL 3

3.0 DEPLOYMENT OF PERSONNEL 4

4.0 PERFORMANCE OF AGREEMENT 4

5.0 INDEMNIFICATION 5

6.0 TERM OF AGREEMENT 5

7.0 RIGHT OF TERMINATION 5

8.0 BILLING RATES 6

9.0 PAYMENT PROCEDURES 6

10.0 AMENDMENTS 7

11.0 ASSIGNMENT, DELEGATION, AND SUBCONTRACTING 7

12.0 AUTHORIZATION WARRANTY 7

13.0 GOVERNING LAW, JURISDICTION, AND VENUE 8

14.0 NOTICES 8

15.0 VALIDITY 8

16.0 WAIVER 9

17.0 ENTIRE AGREEMENT 9
SIGNATURES 10
Attachment A

SCHOOL DISTRICT

LAW ENFORCEMENT SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF SANTA MARIA
AND

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

RECITALS
(a) Whereas, the Santa Maria Police Department, hereinafter referred to as "Police Department," 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 2.1 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 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 3 to any City employee or agent of the City for injury or sickness arising out of his/her performance of services under this Agreement.

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

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

4.0 PERFORMANCE OF AGREEMENT

4.1 For the purpose of performing law enforcement services, City shall furnish and supply all necessary labor, supervision, equipment, 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 District 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 territory outside of the District, provided, however, that the performance of such outside duties shall not be at any additional cost to the District. 4 4.5 It is mutually agreed that in all instances where special supplies, stationery, notices, forms, and the like must be issued in the name of said District, the same shall be supplied by the District at its own cost and expense.

5.0 INDEMNIFICATION

7.0 RIGHT OF TERMINATION

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

7.2 This Agreement may be terminated at anytime, with or without cause, by either party upon written notice given to the other party at least sixty (60) calendar days before the date specified for such termination.

7.3 In the event of a termination, each party shall fully discharge all obligations owed to the other party accruing prior to the date of such termination, and each party shall be released from all obligations, which would otherwise accrue subsequent to the date of termination.

8.0 BILLING RATES

8.1 For and in consideration of 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 5 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

9.0 PAYMENT PROCEDURES

9.1 The City, through the Police Department, shall render to the District within thirty (30) calendar days after the close of each calendar quarter a summarized invoice which covers all services performed during said quarter, or such time 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 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 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 California 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 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. 6 10.0 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.

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

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 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
1111 W. Betteravia
Santa Maria, CA 93455
Notices to the District shall be addressed as follows:

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

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

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

SCHOOL DISTRICT LAW ENFORCEMENT SERVICES AGREEMENT

BY AND BETWEEN

CITY OF SANTA MARIA
AND

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

Date: August 1$ , 2023
DISTRICT:

SANTA M A JOINT UNION HIGH SCHOOL DISTRICT
By
Antonio Garcia, Superintendent
Dated: Aug
Approve
City Attorney
Approved as to content:
2023 �•`,`.�.•aRi,oR, ;:.. 4. ,
o '�G ��lfi T0. 1 -bF
►oft 4' to.: D
0 FMBER �z : '. •Mayor
NT n,RIA
Folic d Chief
9 EXHIBIT A

SCHOOL DISTRICT LAW ENFORCEMENT SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF SANTA MARIA AND

SANTA MARIA JOINT UNION HIGH SCHOOL DISTRICT

CHARGES FOR SERVICES
2023-24 SCHOOL YEAR
Service Units
Police Officer
Hourly OT Rate
$

96.02 Total Hours Required
N/A
Total Unit Cost
Approved:

Police hief
Total Estimated Cost (not to exceed)
Date
Superintendent Date
10 $276.537.60

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 Agreements ("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 Resource 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 Agreements 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 these Agreements, the District shall pay the City for said 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 herein, all other terms and conditions of the Agreements remain in full force and effect.

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

Attachment C

Dated: November , 2024 Date: November , 2024

CITY OF SANTA MARIA SANTA MARIA JOINT UNION HIGH SCHOOL DISTRICT By:

Chief of Police Superintendent
Approved as to form:

City Attorney
Attachment C

AMENDMENT NO. 1

SCHOOL DISTRICT SUPPLEMENTAL LAW ENFORCEMENT SERVICES AGREEMENT

BY AND BETWEEN

THE CITY OF SANTA MARIA AND

SANTA MARIA JOINT UNION HIGH SCHOOL DISTRICT

HOURS OF SERVICE & CHARGES
2024-25 SCHOOL YEAR j
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

OVERTIME CHARGES FOR SUPPLEMENTAL SERVICES
2024-25 SCHOOL YEAR
Hourly OT Rate
Total Hours Required
Service Units
Total Unit Cost
Police Officer
$ 147.83
Police Sergeant
$ 261.01
Total Estimated Cost
S -
* Hours required based upon 2024/25 SMJUHSD School Year Calendar Approved:

Chief of Police Date
Superintendent Date

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 or 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 the 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 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

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 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:

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 multimodal 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.

DISCUSSION:

The scope of work to be funded by the REAP 2.0 grant shall consist of the following infrastructure improvements: a new sewer line with increased capacity along West 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 project. 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
2 AGREEMENT BETWEEN

CITY OF SANTA MARIA

AND THE

SANTA BARBARA COUNTY ASSOCIATION OF GOVERNMENTS
REGARDING REGIONAL EARLY ACTION PLANNING GRANTS OF 2021 GRANT AWARD This 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").

RECITALS
WHEREAS awardee is a charter law city located in Santa Barbara County; WHEREAS 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;
WHEREAS 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;
WHEREAS 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; 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 suite of projects during its December 15, 2022 meeting and HCD and its partners approving the suite of projects on August 15, 2023;
WHEREAS 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");
WHEREAS 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;
WHEREAS SBCAG will not incur costs or liabilities beyond the administrative duties of submitting

Page 1 of 12 ends

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

NOW THEREFORE it is mutually agreed:

1. Recitals
The above Recitals are true and correct and incorporated herein.

2. Duties of Parties
The 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. Duties of Awardee
A. Use of Funds. Awardee 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 of 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. The 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.

Page 2 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, subcontractor 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.

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

4. Duties of SBCAG
A. SBCAG 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. SBCAG agrees to process invoices from the Awardee for work completed, submit invoices to HCD, align with the required progress reports supplied by the Awardee, and provide payment to the Awardee for eligible expenses reimbursed by HCD.

C. SBCAG 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. All obligations of the Parties hereto under this Agreement are subject to the appropriation of resources by their respective governing bodies.

B. Nothing 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

Page 3 of 12 ends

costs or expenses (including but not limited to attorneys' fees) incurred by SBCAG on account of any claim except where such indemnification is prohibited by law. 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 construed 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. Plans 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 be deemed to be received five (5) days following their deposit in the U.S. mail. This Notices section shall not be construed as meaning that either party agrees to service of process except as required by applicable law.

To Awardee:

To SBCAG:

Attention: David Beas
City of Santa Maria Engineering
110 S. Pine Street, Room 101
Santa Maria, CA 93458
Email: [email protected]
Phone: 805-925-0951 ext. 2439
Attention: Mike Becker
Santa Barbara County Association of Governments
260 N. San Antonio Road, Suite B
Santa Barbara CA 93110
Email: [email protected]
Phone: (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

Page 4 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.

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 Agreement 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 contents appended hereto, shall be solely for convenience of reference and shall not affect the meaning, construction or effect hereof.

Page 5 of 12 ends

6. Term and Termination
A. This 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. The 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. Any party to this Agreement may terminate its participation by providing thirty (30) days written notice to all other Parties hereto.

D. The Program requires awarded funds be expended no later than June 30, 2026. Should legislation extend the expenditure deadline, that revised expenditure deadline shall become applicable for the Awardee.

E. In the event that it is determined, at the sole discretion of SBCAG, that the Awardee is not meeting the terms and conditions 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 terms and conditions after a stop work order, and to deliver a written notice to the Awardee to resume work under the Agreement.

7. California Law and Venue
Federal 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. Entire Agreement and Amendments
In 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 herein. This Agreement may be altered, amended or modified only by an instrument in writing, executed by the parties to this Agreement and by no other means. Each Party waives their future right to claim, contest or assert that this Agreement was modified, canceled, superseded, or changed by any oral agreements, course of conduct, waiver or estoppel Amendments 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.

Page 6 of 12 ends

9. Monitoring
A. The 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. SBCAG 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
The 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. The 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. Wherever 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. If 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. If any litigation, claim, negotiation, audit, monitoring, inspection, or other action has been

Page 7 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 subcontractors 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. Nondiscrimination
During 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. Compliance with Regulations. Awardee shall comply with the regulations relative to nondiscrimination in federally -assisted programs of the Department 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. DOT -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. Solicitations 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.

Page 8 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. Sanctions for Noncompliance. In the event of 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. Withholding 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. The 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. The Awardee shall include this Nondiscrimination clause and its subsections in all subcontracts.

13. Ownership 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 under 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.

Page 9 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 Awardee
Governments (SBCAG)
By: By:

Name: Steve Lavagnino Name: Brett Fulgoni
Title: Chair, SBCAG Title: Public Works Director
Date: Date:

Attest: Attest:

Marjie Kirn Donna G. Schwartz
Clerk of the Board Chief Deputy City Clerk
By:

Deputy
By:

Name:

Title:

Approved as to Form:

Rachel Van Mullem
County Counsel
By:

Senior Deputy
Approved as to Form and Procedure:

Heather Whitham
Assistant City Attorney
By:
[This area intentionally left blank.]

Page 10 of 12 ends

Exhibit A
Scope of Work
Project: 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 one-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:

Page 11 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 15 to 20 minutes. BRT stops are 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 meet 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

Page 12 of 12 ends

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 Regional 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.

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
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
City Manager
2 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

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 ability 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
2 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
3 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 GRAVEL
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 PAVERS
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
Specialty Construction, Inc.

AMG & Associates, Inc.

Edwards Construction Group, Inc.

Subtotal
$9,688,271.98
Subtotal
$11,086,836.02
Subtotal
$11,861,525.28
Attachment A

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

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 the Contract Documents therefore, adopted by the City Council, of Owner, as prepared by City of Santa Maria.

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

Total Bid of 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: OWNER:

Rudolph C. Bachmann Alice Patino
President/Secretary Mayor
Specialty Construction, Inc.

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, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.

Attachment B

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

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

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

3. Workers' Compensation: Statutory limits.

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

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

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

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

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

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

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

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

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

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

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

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

Attachment B

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

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

Attachment B

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, an 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:

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 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.

Mayor
ATTEST:

Chief Deputy City Clerk
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
City Manager
2 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 Committee was formed to "be responsible for the review, approval or denial, and recommendations to City Council on all matters and requests relating to traffic circulation and safety within the public right-of-way". The Traffic Committee has reviewed and approved 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

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 proposed no stopping zone.

ATTACHMENTS
A. Drawing_Proposed No Stopping Zone to be Established on Farnel Road 2 ,'"
CI
W
z
0t
W. COOK ST
I

FITZGERALD

COMMUNITY SCHOOL
City of Santa Maria
Department of Public Works
110 South Pine Street
Santa Maria, CA 93458
Drawn By:

Luis A. Magallon
Approved By:

David Beas
S. BLOSSER RD
4 Title
Proposed No Stopping Zone
402 Farnel Rd
Drawing No.

TC-24-16
Scale:

Sheet:
loft
anta i aria
All -America City
Attachment A

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.

Mayor
ATTEST:

Chief Deputy City Clerk
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 alley as no public access is necessary across the alley and no utilities exist within the alley.

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

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. 2 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
APPROVED AS TO FORM:

EXHIBIT A — Vicinity Map
City Attorney
EXHIBIT B — Legal Description APPROVED AS TO CONTENT:

Department Director
City Manager
2 EXHLS/i "A"
(Sketch of Alley being Quitclaimed/Abandoned)
' e1
Alley
(Parcel 5
1153-0R-385

20.00' wide)
30' 30'
30'
30'
N
N
N
N

29. q2'
E. Tine of W. 1/2 of S.E 1/4 of Section II
0\eloe
Scale 1"=-50'
B' 20'
0' 10'
AS,4N1DON
50'
\2\Y
Sketch, Exhibit "A", showing a portion of a
20 foot wide alley being abandoned and
lying east of Concepcion Ave.

The property is in the City of Santa
Maria and within the 1N. 1/2 of the
S.F. 1/4 of Sec. 11, T.10 N., R.34 W.,
S.B.13.$ M.

Description, Exhibit "B" attached.

Prepared by,
Leonard Lenger, L5 .
1203 Carpenter Gyn. Rd.

Arroyo Grande, GA. 613420
Phone (805) 4861-1127
/ P�� Fy�
Wr/AV ij14 L.S. 3877
\ 6/30/26
Survey Map References \�
32 -RS -37 (Harold Turner LS 2243)
64 -RS -37 (Harold Orr, LS 3088
S. line 5.E. 1/4
m
Moir r S ` . (State Route 166)

EXHIBIT "B"
( description of Alley being Quitclaimed/abandoned)
A PORTION OF THE SE 1/ OF 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 OF A 20 FOOT WIDE RIGHT-OF-WAY DESCRIBED AS PARCEL 5 IN THAT CERTAIN RIGHT OF WAY DEED NAMING ARTHUR T. ERICSON AND STELLA A. 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 OF 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 PART OF THIS DESCRIPTION.
eonard Lenger, LS 3877
Dated Z//Zm 2 fL

FOR THE COUNCIL MEETING OF NOVEMBER 19, 2024

COUNCIL AGENDA REPORT
TO:

FROM:

BY:

SUBJECT:

City Council
Acting City Manager Chuen Wu
Director of Public Works Brett Fulgoni
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 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.

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

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 being 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 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 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
2 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
R Baker Inc.

The J. F. Will Company, Inc.

V. Lopez Jr. & Sons G.E.C., Inc.

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
9 8" 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
BID ALTERNATIVE 1
Subtotal $1,524,015.26
Subtotal $1,838,739.00
Al
6" PVC IRRIGATION AND 2" PVC CONTROL WIRING SLEEVES, SLIP CAPS AND WARNING TAPE IN CONNON TRENCH AND MAF LF
1968
$13.00
$25,584.00
$14.17
$27,886.56
$12.00
$23,616.00
Subtotal
BID ALTERNATIVE 2
$25,584.00
Subtotal
$27,886.56
Subtotal
$23,616.00
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 EA
3 $7,600.00
$22,800.00
$30,461.20
$91,383.60
$11,200.00
$33,600.00
CHURCH/S. DEPOT, ALLEY/S. BROADWAY, ALLEY/S. PINE
Subtotal
$103,300.00
Total $1,500,584.00
Subtotal
$343,976.50
$1,895,878.32
Subtotal
$112,000.00
$1,974,355.00
Attachment A

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 Contract documents conflict, the more restrictive term shall apply.

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: OWNER:

Joyce Baker Alice Patino
CEO, R. Baker Inc. 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"

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

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

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

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

Attachment B

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

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

3. Workers' Compensation: Statutory limits.

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

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

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

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

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

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

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, 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 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 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 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 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 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, 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.

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 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

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 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.

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 CONTRACTOR that are subject to the Contract Work Hours and Safety Standards statute.

D. Payrolls and basic records.

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 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 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 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 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 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.

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, 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:
"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 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:

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

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 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 .

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 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.

Attachment B

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

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
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
City Manager
2 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.

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 the 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 located 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.

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 through 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.
2 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 Drive-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
APPROVED AS TO FORM:

EXHIBIT A— Easement Quitclaim Deed
City Attorney
APPROVED AS TO CONTENT:

Department Director
City Manager
2 Exhibit A
RECORDING REQUESTED BY:

When Recorded Document To:

City Clerk, City of Santa Maria
110 East Cook Street
Santa Maria, Ca 93454-5190
APN: 109-010-012 SPACE ABOVE THIS LINE FOR RECORDER'S
USE

EASEMENT QUITCLAIM DEED
The undersigned grantor(s) declare(s)
Documentary transfer tax is $ none
[ X ] computed on full value of property conveyed, or
[ ] computed on full value less value of liens or encumbrances remaining at time of sale, [ X ] City of Santa Maria
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The City of Santa Maria, a municipal corporation
hereby remises, releases and quitclaims to: People's Self -Help Housing Corporation, a California non-profit corporation the following described easement in the City of Santa Maria , State of California:

SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
DATED: September , 2024

MAIL TAX STATEMENTS AS DIRECTED ABOVE
FD -13F (Rev 12/07) QUITCLAIM DEED
(quitclam) (10-03) (Rev. 01-15)

The City of Santa Maria, a municipal corporation,
BY:

Name:

Title:

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of
County of
On before me, Notary Public,
(here insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

EXHIBIT A

THAT CERTAIN EASEMENT FOR USE OF THE PUBLIC FOR EMERGENCY VEHICULAR TRAVEL IN, ON, OVER, THROUGH AND ACROSS THAT PORTION OF PARCEL "B" OF THE HI -WAY DRIVE IN THEATER PARCEL MAP TRACT 5275 RECORDED IN BOOK 24 OF PARCEL MAPS AT PAGES 43 AND 44 OF PARCEL MAPS, IN THE OFFICIAL RECORDS OF THE COUNTY OF SANTA BARBARA, AS SET FORTH AND DESCRIBED IN THAT CERTAIN DOCUMENT ENTITLED "GRANT OF EASEMENT FOR PUBLIC EMERGENCY VEHICULAR ACCESS WAY", DATED NOVEMBER 12,1991 AND RECORDED JANUARY 10,1992 AS INSTRUMENT NO. 1992-001851 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

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 Community 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.

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 administration 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
2 ABBREVIATIONS
N88'08'03"W 200.00'(R1)
LOT 4

MCCOY INDUSTRIAL TRACT
59 MAPS 48-51
•
AC
AP
BC
BLD
BOL
BSW
CB
CF
CL
CMP
CO
CONC
DI
DIA
DWY
EC
ELEC
EP
ESMT
EUC
EXIST
FNC
FF
FG
FH
FL
FS
GB
GM
GRD

ASPHALT

ANGLE POINT

BEGIN CURVE

BUILDING

BOLLARD

BACK OF SIDE WALK

CATCH BASIN

CURB FACE

CHAIN LINK FENCE

CORRUGATED METAL PIPE

CLEAN OUT(SEWER)

CONCRETE

DROP INLET

DIAMETER

DRIVEWAY

END OF CURVE

ELECTRIC

EDGE OF PAVEMENT

EASEMENT

EUCALYPTUS

EXISTING
FENCE

FINISH FLOOR

FINISH GRADE

FIRE HYDRANT

FLOW UNE

FINISH SURFACE

GRADE BREAK

GAS METER
GROUND

HW HEADWALL

ICV IRRIGATION VALVE

INV INVERT ELEVATION

JP JOINT POLE

MKR MARKER

MON MONUMENT

OHW OVERHEAD WIRES

PB PULL BOX

PP POWER POLE

PST POST

PVC PLASTIC PIPE

RCP REINFORCED CONCRETE PIPE

RR RAILROAD

RW RETAINING WALL

R/W RIGHT OF WAY

SD STORM DRAIN

SL STREET LIGHT

SS SANITARY SEWER

SW SIDEWALK

SDMH STORM DRAIN MANHOLE

SSMH SANITARY SEWER MANHOLE

TC TOP OF CURB

TELE TELEPHONE

THRESH THRESHOLD

TW TOP OF WALL

TYP TYPICAL

WM WATER METER

WS WHITE STRIPE

WV WATER VALVE
NOTE: ABBREVIATIONS SHOWN ABOVE MAY OR
MAY NOT BE EVIDENT ON MAP.

MAP SYMBOLS
D4
GV
Q

WATER VALVE

FIRE HYDRANT

GAS VALVE OR METER

SEWER MANHOLE OR CLEANOUT

STORM DRAIN MANHOLE

TRAFFIC FLOW

DRAINAGE FLOW

HANDICAP SPACE

AREA LIGHT

SIGN POST

UTILITY POLE
WELL

MONUMENT

STREET LIGHT

WATER METER

CATCH BASIN OR OTHER STRUCTURE AS NOTED
NOTE: ALL SYMBOLS SHOWN ABOVE MAY OR MAY NOT BE
EVIDENT ON MAP.

II
II

VICINITY MAP
•

NO SCALE
20' 0' 10' 20'
40'
1 inch = 20 ft.

Q OPROPER�ES
MCC pCT 5272
o6 cc
y4-96
S0'21'56"W 345.53'(R1)
`Op OPERilES
MCCOYpex 5272
PM 94-
Q
vi

DROP INLET

V -DITCH

DRAINAGE
BASIN

DRIVEWAY

EXISTING BULIDING
I

DRIVEWAY

ASPHALT
S6
10' PUBLIC UTILITIES
EASEMENT PER (R1)
01 5 ` �pGT
MCC059 MppS 4551
MO
S88'57'30"E 119.94'(CALC)
1 DRI
WAY
\\\\\N

EXISTING PARCEL

1.58 ACRES
PROPOSED LOT 2

1.10 ACRES
SD -)

STORM DRAIN
INLET
15'
PROPOSED LOT 1

0.48 ACRES

EXISTING BULIDING
0 30"

DROP INLET
101—
SS
--ce5i/A
w
SS

DRIVEWAY

ASPH ALT
119.94'(CALC)
6"
ACCESS
STAIRS
N
tn

WATER SERVICE

TO BE REMOVED
w

94.00'

RIGHT OF WAY
SS
w
w w
10' WIDE TREE PLANTING

EASEMENT PER THIS MAP
64'

PAVEMENT
WIDTH
SS
SS
U)
U)

ASPHALT

PROPOSED PROPERTY LINES
0)

7.8'
TRASH
fENCOSURE
J
Q
N
n
ui
n
w
O
ACCESS
�� RAMP
10,

ASPHALT
U)

LOADING
DOCK
100_
101
102 ,
U,
15' WATERLINE EASEMENT
PER INST. NO. 2001-0074737

OF OFFICIAL RECORDS

9.0'
N
U)
6"
y— 80.00'
r (

ASPHALT
1"
'h88'58'31 "W 199.95'(R1)
U)
U)
SIGN

ASPHALT

ROLLING
6"

BACK FLOW

PREVENTOR

AND FIRE

DEPT CONNECTION
to 80.011C

PROPOSED

WATER METER

SS ' SS

MCCOY LANE
SS
w
SS
6"
w U w
SS
C)
SS
w
GATE

DRIVEWAY
r15"
SS
N0'21'56"E 342.59'(R1)
SS
SS

STORM DRAIN
INLET
0151R pt 1RpCS
MCC059 140,5 48-51

BENCH MARK

MAG NAIL
EL=101.06'
w

SURVEYORS STATEMENT

I HEREBY STATE THAT THIS MAP CORRECTLY REPRESENTS A

SURVEY MADE BY ME OR UNDER MY DIRECTION UNDER THE
PROVISIONS OF SECTION 8726 OF THE PROFESSIONAL LAND

SURVEYORS ACT AND THAT SAID SURVEY CORRECTLY SHOWS THE
TOPOGRAPHIC FEATURES. THE CONTOURS ARE COMPUTER
GENERATED.
dvizer-
MARSHALL D. FARfN LS 8962 DATE
y 5- 1.oy-z
JOB: 21142
OWNER:

JOHN H. VINE, INDIVIDUAL LIVING TRUST

SITE INFORMATION
APN: 111-270-005
ZONING: CM - COMMERCIAL MANUFACTURING
EXISTING LOT: 1.58 ACRES
PROPOSED LOTS: 1.10 AND 0.48 ACRES

UTILITIES
SEWER:

WATER:

ELECTRIC:

GAS:

TELEPHONE:

CABLE:

LAGUNA SANITATION DISTRICT

GOLDEN SATE WATER
PG&E

SO CAL GAS

FRONTIER

COMCAST

BASIS OF BEARINGS

THE BASIS OF BEARINGS FOR THIS SURVEY IS

BASED ON THE CENTERLINE OF MCCOY LANE
PER 59 MAPS 48-51
BEARING = 588'58'31'E

BENCHMARK

THE BENCHMARK FOR THIS SURVEY IS ASSUMED AT

A MAG NAIL SET NEAR THE SOUTHEAST CORNER OF
THE SUBJECT PARCEL AS SHOWN.

ELEVATION = 101.06'

OWNERS STATEMENT

I HEREBY APPLY FOR APPROVAL OF THE DIVISION OF REAL

PROPERTY SHOWN ON THIS MAP AND CERTIFY THAT I AM

THE LEGAL OWNER OR THE AUTHORIZED AGENT OF THE

LEGAL OWNER AND THAT THE INFORMATION SHOWN

HEREON IS TRUE AND CORRECT TO THE BEST OF MY
KNOWLEDGE AND BELIEF.

JOHN H. VINE
ADDRESS:

DATE
PNOHE NUMBER:

PROPOSED EASEMENTS

1. A BLANKET ACCESS, UTILITY, PARKING AND DRAINAGE

EASEMENT IS PROPOSED, EXCEPT UNDER THE
EXISTING BUILDINGS.

2. 10' WIDE TREE PLANTING EASEMENT ALONG MCCOY
LANE AS SHOWN.

FLOOD PLAIN INFORMATION:

THE SUBJECT PROPERTY IS LOCATED WITHIN ZONE X OF THE FLOOD INSURANCE RATE MAP, 06083C0187F EFFECTIVE 9/30/2005, CITY OF SANTA MARIA COMMUNITY PANEL 060336 AND IS CLASSIFIED AS FOLLOWS:

ZONE X: AREAS DETERMINED TO BE OUTSIDE OF THE 0.2% ANNUAL CHANCE FLOODPLAIN.

UTILITY NOTES

UTILITIES SHOWN HEREON WERE BASED ON SURFACE

EVIDENCE AND CONSTRUCTION PLANS, THE SIZES OF THE

LINES WERE COMPILED FROM THE CONSTRUCTION PLANS

FOR THE REAR BUILDING PREPARED BY PACIFIC
ENGINEERING DATED 15 NOV 2000.

TENTATIVE PARCEL MAP
TRACT 6030
941 W MCCOY LANE

SANTA MARIA, CA
2624 AIRPARK DRIVE
SANTA MARIA, CA 93455
PHONE: 805-934-5727
FAX: 805-934-3448
DATE: DECEMBER 2021
21142 -ARROW EWING TPM.DWG
SHEET 1 OF 1
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.

Mayor
ATTEST:

Chief Deputy City Clerk
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 Corporation, in the amount of $394,057.50, for the construction of Minami Parking Lot 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 were 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

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 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 Ramsey Asphalt Construction Corporation, 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
2 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)
Ramsey Asphalt Construction Corp.

R Burke Corporation
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
Attachment A

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.

CONTRACTOR: OWNER:

Scott Ramey
President
Ramsey Asphalt Construction Corp.

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"

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

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

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

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

Attachment B

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

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

3. Workers' Compensation: Statutory limits.

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

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

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

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

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

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

EXHIBIT "B"

2. EQUAL EMPLOYMENT OPPORTUNITY.

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

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.

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

D. Payrolls and basic records.

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.

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.

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).

11. DOMESTIC PREFERENCES FOR PROCUREMENTS.

Attachment B

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:

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.

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

G. See also 2 CFR section 200.471.

13. MANDATORY DISCLOSURE.

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.

H. Take other remedies that may be legally available.

Attachment B

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, an Agreement with the Ramsey Asphalt Construction Corporation 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

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
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
City Manager
2 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 Project, 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, 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 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

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 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 $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
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 Preisker Park.

ATTACHMENTS
A. Detailed Bid Results
B. Agreement
2 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
The J. F. Will Company, Inc.

RCH Construction
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

ADD ALTERNATE BID SCHEDULE A
Item
Description
Unit
Qty
Unit Price
Line Total
Unit Price
Line Total
Al
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
$119,107.00
Subtotal
$13,968,999.00
Subtotal

ADD ALTERNATE BID SCHEDULE B
$63,440.00
Subtotal
$981,032,000.00
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

ADD ALTERNATE BID SCHEDULE C
$39,040.00
Subtotal
$388,800,000.00
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

ADD ALTERNATE BID SCHEDULE D
$122,000.00
Subtotal
$3,628,125,000.00
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

ADD ALTERNATE BID SCHEDULE E
$4,880.00
Subtotal
$11,475,000.00
Item
Description
Unit
Qty
Unit Price
Line Total
Unit Price
Line Total
El
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

ADD ALTERNATE BID SCHEDULE F
$19,520.00
Subtotal
$116,100,000.00
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
Grand Total
$53,680.00
$421,667.00
Subtotal
$1,185,294,000.00
$6,324,794,999.00
Attachment A

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 the 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.

CONTRACTOR: OWNER:

John Will Alice Patino
President, The J.F. Will Company, Inc. 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"

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 contain, the following provisions:

1. The City, its officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Provider including materials, parts or equipment furnished in connection with such work or
operations. General liability coverage can be provided in the 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).

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.

Attachment B

EXHIBIT "B"

2. EQUAL EMPLOYMENT OPPORTUNITY.

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

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.

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

D. Payrolls and basic records.

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.

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.

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).

11. DOMESTIC PREFERENCES FOR PROCUREMENTS.

Attachment B

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:

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.

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

G. See also 2 CFR section 200.471.

13. MANDATORY DISCLOSURE.

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.

H. Take other remedies that may be legally available.

Attachment B

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, an 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

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.

Mayor
ATTEST:

Chief Deputy City Clerk
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
City Manager
2 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.

The lowest responsive, responsible bid was submitted by 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
2 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)
The J. F. Will Company, Inc.

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-6
4" THICK STANDARD CONCRETE PAVING
SF
460
$33.26
$15,299.60
B-7
4" THICK INTEGRAL COLORED CONCRETE PAVING
SF
1100
$35.00
$38,500.00
B-8
6" 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
Attachment A

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: E. Taylor Street Pocket Park Project (Bid No. 2024-08), in accordance with the 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.

CONTRACTOR: OWNER:

John Will Alice Patino
President, The J.F. Will Company, Inc. 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"

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

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

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

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

Attachment B

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

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

3. Workers' Compensation: Statutory limits.

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

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

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

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

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

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

EXHIBIT "B"

2. EQUAL EMPLOYMENT OPPORTUNITY.

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

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.

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

D. Payrolls and basic records.

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.

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.

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).

11. DOMESTIC PREFERENCES FOR PROCUREMENTS.

Attachment B

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:

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.

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

G. See also 2 CFR section 200.471.

13. MANDATORY DISCLOSURE.

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.

H. Take other remedies that may be legally available.

Attachment B

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, an 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

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.

Mayor
ATTEST:

Chief Deputy City Clerk
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
City Manager
2 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 established 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.

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 staff 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 staffs 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 construction 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
2 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

GRANT OF EASEMENT
FOR

WATER PURPOSES
DOCUMENTARY TRANSFER TAX S zero (0)
EXEMPTION (R&T CODE) §11922
EXPLANATION Municipal Govt. Agency
Signature of Declarant or Agent Determining Tax
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:
(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:

BY:

Reese Riddiough, P.E. 18,035
City Surveyor
Public Works Department
BY:

Chuen Wu
Acting City Manager
ATTEST:

BY:

Donna G. Schwartz
Chief Deputy City Clerk

ACCEPTED BY AIRPORT DISTRICT
BY:

Ignacio Moreno
President
BY:

Steve Brown
Secretary

EXHIBIT A

LEGAL DESCRIPTION
10 -FOOT -WIDE WATERLINE AND WELL SITE EASEMENT
LYING WITHIN SECTION 33, TOWNSHIP 10 N. RANGE 34 W. SAN BERNARDINO BASE AND MERIDIAN AS SHOWN ON THE SURVEY FILED ON BOOK 29 OF RECORDS OF SURVEY, AT PAGE 141 IN THE RECORDER'S

OFFICE OF SANTA BARBARA COUNTY, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

WATERLINE PARCEL:

A 10 -FOOT -WIDE WATERLINE EASEMENT LYING 5.00' ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:

COMMENCING AT THE NORTHEAST CORNER OF THE SECTION 33 AS SHOWN ON SAID RECORD OF SURVEY;
THENCE SOUTH 0 DEGREES 46 MINUTES 38 SECONDS EAST 1562.37 FEET TO A POINT REFERRED TO HEREAFTER AS "POINT A", AND BEING THE POINT OF BEGINNING OF SAID CENTERLINE; THENCE SOUTH 46 DEGREES 56 MINUTES 45 SECONDS WEST 50.49 FEET; THENCE NORTH 87 DEGREES 24 MINUTES 35 SECONDS WEST 10.23 FEET; THENCE NORTH 41 DEGREES 46 MINUTES 45 SECONDS WEST 464.62 FEET; THENCE NORTH 39 DEGREES 26 MINUTES 46 SECONDS WEST 114.17 FEET; THENCE NORTH 17 DEGREES 41 MINUTES 06 SECONDS WEST 5.00 FEET; THENCE NORTH 29 DEGREES 06 MINUTES 52 SECONDS EAST 40.17 FEET; THENCE NORTH 13 DEGREES 08 MINUTES 44 SECONDS WEST 142.37 FEET; THENCE NORTH 54 DEGREES 21 MINUTES 35 SECONDS WEST 59.77 FEET; THENCE NORTH 9 DEGREES 21 MINUTES 35 SECONDS WEST 156.69 FEET; THENCE NORTH 1 DEGREES 53 MINUTES 25 SECONDS EAST 363.56 FEET.

THE SIDELINES OF SAID 10 -FOOT -WIDE WATERLINE EASEMENT SHALL BE EXTENDED OR SHORTENED TO MEET AT END AND ANGLE POINTS SO AS TO CREATE A CLOSED FIGURE.

WELL SITE PARCEL:

BEGINNING AT SAID "POINT A";
THENCE NORTH 0 DEGREES 54 MINUTES 04 SECONDS EAST 29.48 FEET;

THENCE SOUTH 88 DEGREES 20 MINUTES 03 SECONDS EAST 112.75 FEET; THENCE SOUTH 0 DEGREES 32 MINUTES 30 SECONDS WEST 74.42 FEET; THENCE NORTH 87 DEGREES 52 MINUTES 17 SECONDS WEST 113.24 FEET; THENCE NORTH 0 DEGREES 54 MINUTES 04 SECONDS EAST 44.02 FEET TO SAID POINT "A", BEING THE POINT OF BEGINNING OF SAID WELL SITE PARCEL.

THE ABOVE -DESCRIBED FIGURES ARE GRAPHICALLY DEPICTED ON THE ATTACHED EXHIBIT B, AND BY REFERENCE IS MADE A PART HEREOF.

END OF DESCRIPTION

LEGEND
•
DETAIL'S' SHT-3
L./._._._._. -._.J
c`YI
I

POINT OF

BEGINNING
PARCEL 1 DETAIL 'A' SHT-2i•

NEW EASEMENT PARCEL
I� -.1 DETAIL KEYFRAME
CENTERLINE OF NEW 10'

WATERLINE EASEMENT
/
/
/
/
/
/
/
/
/
/
/
/
/
/4(//.

N.W. CORNER OF
SECTION 34 AS

DESCRIBED IN

SANTA BARBARA
COUNTY 25 RS 25
/

POINT OF
/
/ COMMENCEMENT
/
SEE SHT. 2 AND 3 FOR DETAILS AND LINE TABLE

TARTAGLIA Z

ENGINEERING

CITY OF SANTA MARIA
NEW WELL 6S EASEMENT

EXHIBIT B
SCALE: 1"=250'
DATE 12-20-2023
SHEET
1 OF 3

LEGEND

NEW EASEMENT PARCEL
_____ CENTERLINE OF NEW 10'

WATERLINE EASEMENT

POINT OF

BEGINNING
"POINT A"
L7
L8
DETAIL "A"
1" = 50'
/

PARCEL LINE TABLE
LINE #
LENGTH

DIRECTION
L1
1562.37
SO' 46' 38"E
L2

29.48 NO' 54' 04"E
L3
112.75
S88' 20' 03"E
L4

74.42 SO' 32' 30"W
L5
113.24
N87' 52' 17"W
L6

44.02 NO' 54' 04"E
L7

50.49 S46' 56' 45"W
L8

10.23 N87' 24' 35"W
L9
464.62
N41' 46' 45"W
L10
114.17
N39' 26' 46"W
L11

5.00 N17' 41' 06"W
L12

40.17 N29' 06' 52"E
L13
142.37
N13' 08' 44"W
L14

59.77 N54' 21' 35"W
L15
156.69
N9' 21' 35"W
L16
363.56
N1' 53' 25"E

TARTAGLIA Z

ENGINEERING

CITY OF SANTA MARIA
NEW WELL 6S EASEMENT

EXHIBIT B
SCALE: 1"=50'
DATE 12-20-2023
SHEET
2 OF 3

LEGEND
CENTERLINE OF NEW 10'

WATERLINE EASEMENT
/
/
/
/
/
/
0-7%- DETAIL "B"
1"=50'

CURVE TABLE
CURVE #
LENGTH
RADIUS
DELTA

CHORD DIRECTION

CHORD LENGTH
C1
162.22
3984.00

2.33 N40* 36' 46"W
162.21
C2
373.73
984.00

21.76 N28' 33' 56"W
371.49

TARTAGLIA Z

ENGINEEI G

CITY OF SANTA MARIA
NEW WELL 6S EASEMENT

EXHIBIT B
SCALE: 1"=50'
DATE 12-20-2023
SHEET
3 OF 3

Attachment B
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
DOCUMENTARY TRANSFER TAX $ zero (0)
EXEMPTION (R&T CODE) §11922
EXPLANATION Municipal Govt. Agency
Signature of Declarant or Agent Determining Tax
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:

BY:

Chuen Wu
Acting City Manager
ATTEST:

BY:

Donna G. Schwartz
Chief Deputy City Clerk
Steve Brown
Secretary

PT. "C" OF
I.N. 92-001067

POINT OF BEGINNING
POINT OF /41

COMMENCEMENT
_ 4. OF 11TH ST. /
PER R/S 29-141 -1
rn
It '
J
73 LEGEND
'//i1

PORTION OF EASEMENT TO BE

ABANDONED
----- CENTERLINE OF EXISTING 20'
UTILITY EASEMENT PER I.N.
92-001067
PARCEL "C" OF
I.N. 92-001067
L4
' DETAIL "A"
SEE SHT. 2 FOR DETAILS AND LINE TABLE SEESHT-2
POINT "D" OF
I.N. 92-001067
PARCEL "D" OF
I.N. 92-001067
TARTAGLIA i-
ENGINEERiNG

CITY OF SANTA MARIA
20' WATERLINE & WELL 15 EASEMENT ABANDONMENT

EXHIBIT A
SCALE: 1"=300'
DATE 4-11-2024
SHEET
1 OF 2

/////
00 -J

LINE TABLE
LINE #
LENGTH

DIRECTION
L1
567.14
N21' 52' 43"E
L2
390.55
S2' 18' 38"W
L3
1296.48
S2' 18' 38"W
L4
735.07
S87' 41' 22"E
L5

10.00 S2' 18' 38"W
L6
125.00
S2' 18' 38"W
L7
125.00
N87' 41' 22"W
L8
125.00
N2' 18' 38"E
L9
125.00
S87' 41' 22"E
L7
DETAIL "A"
LEGEND

PORTION OF EASEMENT TO BE

ABANDONED
-- CENTERLINE OF EXISTING 20'
UTILITY EASEMENT PER I.N.
92-001067
POINT "D"OF
I.N. 92-001067

POINT OF

BEGINNING OF
PARCEL "D"
PARCEL "D" OF
I.N. 92-001067
TARTAGLIK1-
ENGINEEP.ING

CITY OF SANTA MARIA
20' WATERLINE & WELL 15 EASEMENT ABANDONMENT

EXHIBIT A
SCALE: 1"=50'
DATE 4-11-2024
SHEET
2 OF 2

EXHIBIT B

LEGAL DESCRIPTION
20 -FOOT -WIDE WATERLINE AND WELL SITE 15 EASEMENT ABANDONMENT LYING WITHIN THE RANCHO PUNTA DE LA LAGUNA AND THE PADEREWSI<I SUBDIVISION NO. 1 AS SHOWN ON THE SURVEY FILED ON BOOK 29 OF RECORDS OF SURVEY, AT PAGE 141 IN THE RECORDER'S OFFICE OF SANTA BARBARA COUNTY, STATE OF CALIFORNIA. SAID EASEMENT ABANDONMENT IS A PORTION OF THAT CERTAIN LAND DESCRIBED IN THE DOCUMENT RECORDED ON JANUARY 7, 1992 AS INSTRUMENT NUMBER 92-001067 IN SAID RECORDER'S OFFICE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

A 20 -FOOT -WIDE WATERLINE EASEMENT COMMENCING AT THE INTERSECTION OF ELEVENTH STREET AND "E" STREET AS SHOWN ON SAID RECORD OF SURVEY;
THENCE NORTH 21 DEGREES 52 MINUTES 43 SECONDS EAST 567.14 FEET TO A POINT ON THE CENTERLINE OF A 20 -FOOT -WIDE WATERLINE EASEMENT DESCRIBED IN SAID INSTRUMENT NUMBER 92- 001067, SAID POINT BEING SOUTH 02 DEGREES 18 MINUTES 38 SECONDS WEST 390.55 FEET FROM POINT "C" OF SAID INSTRUMENT NUMBER 92-001067;
THENCE SOUTH 02 DEGREES 18 MINUTES 38 SECONDS WEST ON SAID CENTERLINE 1296.48 FEET; THENCE CONTINUING ON SAID CENTERLINE SOUTH 87 DEGREES 41 MINUTES 22 SECONDS EAST 735.07 FEET TO POINT "D" OF SAID INSTRUMENT NUMBER 92-001067;
THENCE SOUTH 02 DEGREES 18 MINUTES 38 SECONDS WEST 10.00 FEET TO THE POINT OF BEGINNING OF WATER WELL SITE PARCEL "D" OF SAID INSTRUMENT NUMBER 92-001067; THENCE CONTINUING SOUTH 02 DEGREES 18 MINUTES 38 SECONDS WEST 125.00 FEET; THENCE NORTH 87 DEGREES 41 MINUTES 22 SECONDS WEST 125.00 FEET; THENCE CONTINUING NORTH 02 DEGREES 18 MINUTES 38 SECONDS EAST 125.00 FEET; THENCE SOUTH 87 DEGREES 41 MINUTES 22 SECONDS EAST 125.00 FEET TO THE POINT OF BEGINNING OF SAID PARCEL D.

THE SIDELINES OF SAID 20 -FOOT -WIDE WATERLINE EASEMENT SHALL BE EXTENDED OR SHORTENED TO MEET AT END AND ANGLE POINTS SO AS TO CREATE A CLOSED FIGURE.

THE ABOVE -DESCRIBED FIGURE IS GRAPHICALLY DEPICTED ON THE ATTACHED EXHIBIT A, AND BY REFERENCE IS MADE A PART HEREOF.

END OF DESCRIPTION.

Attachment C
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

GRANT OF EASEMENT
FOR

WATER PURPOSES
DOCUMENTARY TRANSFER TAX $ zero (0)
EXEMPTION (R&T CODE) §11922
EXPLANATION Municipal Govt. Agency
Signature of Declarant or Agent Determining Tax
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:
(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:

BY:

Reese Riddiough, P.E. 18,035
City Surveyor
Public Works Department
BY:

Chuen Wu
Acting City Manager
ATTEST:

BY:

Donna G. Schwartz
Chief Deputy City Clerk

ACCEPTED BY AIRPORT DISTRICT
BY:

Ignacio Moreno
President
BY:

Steve Brown
Secretary

PT. "C" OF
I.N. 92-001067

POINT OF BEGINNING
OF PARCELS 1 & 2
7 PARCEL "C" OF
I.N. 92-001067
no
/ PARCEL 1
LEGEND
CENTERLINE OF NEW 20'

WATERLINE EASEMENT
----- CENTERLINE OF EXISTING 20'
UTILITY EASEMENT PER I.N.
92-001067
4 POINT OF

COMMENCEMENT

4. OF 11TH ST.

PER R/S 29-141
N
N
N
N
N
N
N
N
N
"<(,,,,s7N
N
N
N
N
N
N
SEE DETAIL "A"
SHEET 2
SEE SHT. 2 FOR DETAILS AND LINE TABLE
PARCEL 2
1\
N PT. "A"OF
I.N. 92-001067
(END OF 4.)
PARCEL 3
TARTAGLIA1-

ENGNEEIG

CITY OF SANTA MARIA
20' WATERLINE & WELL 15 EASEMENT

EXHIBIT A
SCALE: 1"=300'
DATE 4-11-2024
SHEET
1 OF 2

)\(kNlyi, N7
DETAIL "A"
LEGEND
CENTERLINE OF NEW 20'

WATERLINE EASEMENT
------- CENTERLINE OF EXISTING 20'
UTILITY EASEMENT PER I.N.
92-001067
PT."A"
(END OF C.)
L5

LINE TABLE
LINE #
LENGTH

DIRECTION
L1
1356.99
N51' 30' 43"W
L2
125.00
N37' 29' 58"E
L3
125.00
N52' 30' 02"W
L4
125.00
S37' 29' 58"W
L5

10.00 S52' 30' 02"E
L6
115.00
S52' 30' 02"E
L7
1038.05
S37' 29' 58"W
L8
1655.17
S62' 58' 45"E
L9
185.68
NT 18' 38"E
L10
204.86
ST 18' 44"W
L11
763.27
N16' 43' 15"E
TARTAGLIA i---

ENGINEERING

CITY OF SANTA MARIA
20' WATERLINE & WELL 15 EASEMENT

EXHIBIT A
SCALE: 1”=1 00'
DATE 4-11-2024
SHEET
2 OF 2

EXHIBIT B

LEGAL DESCRIPTION
20 -FOOT -WIDE WATERLINE AND WELL SITE 15 EASEMENT
LYING WITHIN THE RANCHO PUNTA DE LA LAGUNA AND THE PADEREWSKI SUBDIVISION NO. 1 AS SHOWN ON THE SURVEY FILED ON BOOK 29 OF RECORDS OF SURVEY, AT PAGE 141 IN THE RECORDER'S

OFFICE OF SANTA BARBARA COUNTY, STATE OF CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

A 20 -FOOT -WIDE WATERLINE EASEMENT COMMENCING AT THE INTERSECTION OF ELEVENTH STREET AND "E" STREET AS SHOWN ON SAID RECORD OF SURVEY;
THENCE NORTH 16 DEGREES 43 MINUTES 15 SECONDS EAST 763.27 FEET TO A POINT ON THE CENTERLINE OF A 20 -FOOT -WIDE WATERLINE EASEMENT DESCRIBED IN THE DOCUMENT RECORDED ON JANUARY 7, 1992 AS INSTRUMENT NUMBER 92-001067 IN SAID RECORDER'S, SAID POINT BEING SOUTH 02 DEGREES 18 MINUTES 38 SECONDS WEST 390.55 FEET FROM POINT "C" OF SAID INSTRUMENT NUMBER 92-001067, AND BEING THE POINT OF BEGINNING OF THE CENTERLINES OF THE FOLLOWING DESCRIBED PARCELS 1 AND 2;
PARCEL 1:

BEGINNING AT SAID POINT OF BEGINNING;
THENCE SOUTH 02 DEGREES 18 MINUTES 44 SECONDS WEST 204.86 FEET.

PARCEL 2:

BEGINNING AT SAID POINT OF BEGINNING;
THENCE SOUTH 62 DEGREES 58 MINUTES 45 SECONDS EAST 1655.17 FEET; THENCE SOUTH 37 DEGREES 29 MINUTES 58 SECONDS WEST 1038.05 FEET TO A POINT HEREAFTER REFERRED TO AS POINT "A", SAID POINT BEING SOUTH 51 DEGREES 30 MINUTES 43 SECONDS EAST 1356.99 FEET FROM SAID POINT OF COMMENCEMENT;
WELL SITE PARCEL:

BEGINNING AT SAID POINT "A";
THENCE SOUTH 52 DEGREES 30 MINUTES 02 SECONDS EAST 10.00 FEET; THENCE SOUTH 37 DEGREES 29 MINUTES 58 SECONDS WEST 125.00 FEET; THENCE NORTH 52 DEGREES 30 MINUTES 02 SECONDS EAST 125.00 FEET; THENCE NORTH 37 DEGREES 29 MINUTES 58 SECONDS EAST 125.00 FEET; THENCE SOUTH 52 DEGREES 30 MINUTES 02 SECONDS EAST 115.00 FEET TO SAID POINT "A", BEING THE POINT OF BEGINNING OF SAID WELL SITE PARCEL.

THE SIDELINES OF SAID 20 -FOOT -WIDE WATERLINE EASEMENT SHALL BE EXTENDED OR SHORTENED TO MEET AT END AND ANGLE POINTS SO AS TO CREATE A CLOSED FIGURE.

THE ABOVE -DESCRIBED FIGURE IS GRAPHICALLY DEPICTED ON THE ATTACHED EXHIBIT A, AND BY REFERENCE IS MADE A PART HEREOF.

END OF DESCRIPTION

Attachment D
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
DOCUMENTARY TRANSFER TAX $ zero (0)
EXEMPTION (R&T CODE) §11922
EXPLANATION Municipal Govt. Agency
Signature of Declarant or Agent Determining Tax
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:

BY:

Chuen Wu
Acting City Manager
ATTEST:

BY:

Donna G. Schwartz
Chief Deputy City Clerk
Steve Brown
Secretary

EXHIBIT A

LEGAL DESCRIPTION

WELL SITE EASEMENT ABANDONMENT

AN EASEMENT ABANDONMENT BEING A PORTION OF THAT CERTAIN LAND DESCRIBED IN THE DOCUMENT RECORDED ON JANUARY 7, 1992 AS INSTRUMENT NUMBER 92-01067 IN SAID RECORDER'S OFFICE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

EASEMENT 1
PARCEL NO. 1: A PORTION OF THE S.W. 1/4 OF THE N.W. 1/4 OF SECTION 34, T. 10 N. , R. 34 W. , S.B.B. & M. , IN THE CITY OF SANTA MARIA, COUNTY OF SANTA BARBARA, CALIFORNIA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT IN THE WEST LINE OF A CITY OF SANTA MARIA WATER WELL SITE, SAID POINT BEING SOUTH 0 DEGREES 13 MINUTES 53 SECONDS EAST, 1572.78 FEET AND NORTH 89 DEGREES 46 MINUTES 07 SECONDS EAST, 37.38 FEET FROM A POINT AT THE NORTHWEST CORNER OF THE N.W. 1/4 OF SECTION 34, T. 10 N., R. 34 W. , S.B.B & M AS SHOWN ON MAP OF RECORD OF SURVEY AS FILED IN BOOK 25, RECORD OF SURVEYS, PAGE 25, SANTA BARBARA COUNTY RECORDS; THENCE NORTH 0 DEGREES 13 MINUTES 53 SECONDS WEST, 62.50 FEET TO A POINT; THENCE NORTH 89 DEGREES 46 MINUTES 07 SECONDS EAST, 125.00 FEET TO A POINT, THENCE SOUTH 0 DEGREES 13 MINUTES 53 SECONDS EAST, 125.00 FEET TO A POINT, THENCE SOUTH 89 DEGREES 46 MINUTES 07 SECONDS WEST, 125.00 FEET TO A POINT; THENCE NORTH 0 DEGREES 13 MINUTES 53 SECONDS WEST,

62.50 FEET TO THE POINT OF BEGINNING

THE ABOVE -DESCRIBED FIGURE IS GRAPHICALLY DEPICTED ON THE ATTACHED EXHIBIT B, AND BY REFERENCE IS MADE A PART HEREOF.

END OF DESCRIPTION.

•
N.W. CORNER OF SECTION
34 AS DESCRIBED IN SANTA

BARBARA COUNTY
25 RS 25
•
•
•
N
•
N
•
•
DETAIL "A"
l"=100'
LEGEND
11 1 1 1
•

PORTION OF EASEMENT TO BE

ABANDONED

PARCEL LINE TABLE
LINE #
LENGTH

DIRECTION
L1

37.38 N89' 46' 07"E
L2
1572.78
SO' 13' 53"E
L3

62.50 NO' 13' 53"W
L4
125.00
N89' 46' 07"E
L5
125.00
SO' 13' 53"E
L6
125.00
S89' 46' 07"W
L7

62.50 NO' 13' 53"W
N
•

POINT OF BEGINNING
PARCEL 1AS
DESCRIBED IN 92-01067 DETAIL "A"

TARTAGLIA Z

ENGINEERING

CITY OF SANTA MARIA
WELL 6 EASEMENT ABANDONMENT

EXHIBIT B
SCALE: 1"=200'
DATE 12-20-2023
SHEET
1 OF 1

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 the 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

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
APPROVED AS TO FORM:

City Attorney
APPROVED AS TO CONTENT:

Department Director
City Manager
2 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 by more recent legislation - AB 1826 (commercial organics) and SB 1383 (residential organics). Notwithstanding that, Engel & Gray, Inc. continued to

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 2024-2025 (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 of the Engel & Gray, Inc. contract amendment:
2 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 without 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 face shortfalls, which could impact services 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, 3 sufficient funds will be available in both the Solid Waste Disposal Fund 010 and the Solid Waste Collections Fund 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
4 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, 2025 (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 Exhibit "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. Recitals true.

The above recitals are true.

2. Amendments.
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 outlined 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:

Atty Rev. 2024, Risk Rev. 2024

Page 1 of 8 ends

Santa Maria City CouncilNovember 19, 2024

Santa Maria City Council
November 19, 2024