Mayor Alice Patino
Mayor Pro-Tem Carlos Escobedo
Councilmember Gloria Soto
Councilmember Maribel Aguilera-Hernandez
Councilmember Gloria Flores
CITY COUNCIL AGENDA
CITY OF SANTA MARIA, CALIFORNIA
Tuesday, April 15, 2025
CLOSED SESSION - 4:30 P.M.
REGULAR SESSION - 5:30 P.M.
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.
CLOSED SESSION
1. CALL TO ORDER
ROLL CALL: Councilmember Aguilera-Hernandez, Councilmember Flores, Councilmember Soto, Mayor Pro Tem Escobedo, 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 Labor Negotiators, Pursuant to California Government Code §54957.6
Agency Representatives: City Manager David W. Rowlands, 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 Flores, Councilmember Soto, Mayor Pro Tem Escobedo, and Mayor Patino
8. REPORT BY THE CITY ATTORNEY FROM CLOSED SESSION
9. PROCLAMATIONS
9.a Proclamation – “Arbor Day” - April 25, 2025
The City Council will recognize April 25, 2025, as “Arbor Day” in the City of Santa Maria and invite all residents and businesses to celebrate and take part in the festivities by planting trees and acknowledging the important role trees have in the City.
9.b Proclamation – “William Alvin Newton Day” – April 25, 2025 The City Council will recognize April 25th as “William Alvin Newton Day” in the City of Santa Maria.
9.c Proclamation – “Alcohol Awareness Month” - April 2025 The City Council will recognize the month of April 2025 as “Alcohol Awareness Month” in the City of Santa Maria and encourage all Santa Maria residents to join in the effort to prevent alcohol misuse and promote healthy choices for a stronger community.
9.d Proclamation – “National Day of Prayer” - May 1, 2025 The City Council will recognize May 1, 2025, as “National Day of Prayer” in the City of Santa Maria and encourage people of all faiths to participate in “Day of Prayer” according to their own traditions.
9.e Proclamation – “2025 Boys & Girls Clubs of Mid Central Coast Youth of the Year” The City Council will recognize Ruth Sinico-Luna as the “2025 Youth of the Year for the Boys and Girls Clubs of Mid Central Coast”.
10. PRESENTATIONS
10.a Homelessness and Encampment Response – Costs, Goals, Objectives, and Action Items.
The City Council will receive a presentation on costs associated with assisting the unhoused by the City of Santa Maria, and goals, objectives, and action items for continuing to address homelessness and encampment response.
11. 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.
12. 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.
12.a CITY MANAGER/CITY CLERK DEPARTMENT
12.a.1 Ordinances and Resolutions
RECOMMENDATION:
Waive the reading in full of all Ordinances and Resolutions. Ordinances on the Consent Agenda will be adopted by the same vote cast at the first meeting, unless City Council indicates otherwise.
12.a.2 Approval of Minutes
RECOMMENDATION:
Approve the Minutes of the regular City Council meeting of April 1, 2025.
12.b FINANCE DEPARTMENT
12.b.1 Payment of Warrants
RECOMMENDATION:
Order ratified subject to having been certified as being in conformity with the budget and having been approved for payment by the Director of Finance.
12.b.2 Payment of Payroll
RECOMMENDATION:
Order ratified subject to having been certified by the proper Department Directors, as shown on records on file in the Department of Finance, and having been approved for payment by the Director of Finance.
12.b.3 Adoption of a Resolution Approving Accounts Receivable and Uncollectible Debt Policy
The City Council will consider adopting a Resolution approving an Accounts Receivable and Uncollectible Debt Policy.
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
RECOMMENDATION:
Adopt a Resolution approving an Accounts Receivable and Uncollectible Debt Policy.
12.c PUBLIC WORKS DEPARTMENT
12.c.1 Adoption of Resolutions Approving Professional Services Agreements for On- Call Environmental Planning And Permitting Services
The City Council will consider approving the award of On-Call Environmental Planning and Permitting Services to five consultants.
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
RECOMMENDATION:
1. Adopt a Resolution awarding a Professional Services Agreement for On- Call Environmental Planning and Permitting Services to Kevin Merk Associates, LLC.; and
RECOMMENDATION:
2. Adopt a Resolution awarding a Professional Services Agreement for On- Call Environmental Planning and Permitting Services to Rincon Consultants Inc.; and
RECOMMENDATION:
3. Adopt a Resolution awarding a Professional Services Agreement for On- Call Environmental Planning and Permitting Services to CSG Consultants Inc.; and
RECOMMENDATION:
4. Adopt a Resolution awarding a Professional Services Agreement for On- Call Environmental Planning and Permitting Services to EMC Planning Group Inc.; and
RECOMMENDATION:
5. Adopt a Resolution awarding a Professional Services Agreement for On- Call Environmental Planning and Permitting Services to Nichols Consulting Engineers.
13. 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.
13.a Introduction of an Ordinance Adopting the Cost-of-Service Study This public hearing item has been cancelled.
13.b Introduction of an Ordinance regarding Zoning Text Amendments for Battery Energy Storage Systems, Title 12 of the City of Santa Maria Municipal Code The City Council will conduct the first reading and introduction of an Ordinance to adopt Zoning Text Amendments (Z2025-0002) amending Title 12 – Zoning, to add a new definition for Battery Energy Storage Systems to Chapter 12-2, limiting their location to the City’s General Manufacturing District contained in Chapter 12-17 with a Conditional Use Permit and/or Planned Development Permit, and establishing specific development standards for certain BESS uses.
Environmental Notice: Pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15060(c)(2), the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment. Additionally or alternatively, this Ordinance is exempt from CEQA under CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that there is no possibility the activity in question may have a significant effect on the environment, Section 15307 (Class 7, categorical exemption for regulatory activity to assure the protection of natural resources), and Section 15308 (Class 8, categorical exemption for regulatory activity to assure the protection of the environment).
RECOMMENDATION:
1. Conduct the first reading and introduce an Ordinance amending Title 12, to add a new definition for Battery Energy Storage Systems to Chapter 12-2, limiting Battery Energy Storage Systems facility location to 12-17 with a Conditional Use Permit and/or Planned Development Permit, and Establishing specific development standards for certain Battery Energy Storage System uses; and
2. Set for adoption at the next regular City Council meeting.
13.c Adoption of a Resolution Approving Measure A Five-Year Local Program of Projects for Fiscal Year 2025/2026 through 2029/2030
The City Council will consider approving the Measure A Five-Year Program of Projects for transportation and pedestrian enhancement projects within the City of Santa Maria.
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
RECOMMENDATION:
Adopt a Resolution approving the Measure A Five-Year Local Program of Projects for fiscal years 2025/2026 through 2029/2030; and certifying that the City of Santa Maria will provide sufficient funding in the 2025/2026 budget to meet the Measure A Maintenance of Effort requirement.
13.d Introduction of an Ordinance Amending Section 11-9.05 of the Santa Maria Municipal Code Concerning Quimby Park Fees.
The City Council will conduct the first reading and introduction of an amending Section 11-9.05 of the Santa Maria Municipal Code Concerning Quimby Park Fees.
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
RECOMMENDATION:
1. Conduct the first reading and introduce an Ordinance amending Section 11-
9.05(d)(2) of the Santa Maria Municipal Code; and
2. Set for adoption at the next regular City Council meeting
14. 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.
14.a Introduction of an Ordinance Designating Fire Hazard Severity Zones in the City of Santa Maria
The City Council will conduct the first reading and introduction of an ordinance designating Fire Hazard Severity Zones in the City of Santa Maria.
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
RECOMMENDATION:
Conduct the first reading and introduce an Ordinance designating Fire Hazard Severity Zones in the City of Santa Maria; and
1. Set for adoption at the next regular City Council meeting.2.
15. REPORT BY CITY MANAGER
16. ORAL REPORTS OF COUNCILMEMBERS AND OFFICERS (INCLUDING AB 1234
REPORTS)
17. 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 10th day of April 2025.
/s/ DONNA G. SCHWARTZ
Chief Deputy City Clerk
COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: Alex Posada, Director of Recreation and Parks
DATE: April 15, 2025
SUBJECT: Proclamation – “Arbor Day” - April 25, 2025
The City Council will recognize April 25, 2025, as “Arbor Day” in the City of Santa Maria and invite all residents and businesses to celebrate and take part in the festivities by planting trees and acknowledging the important role trees have in the City.
BACKGROUND:
The City of Santa Maria joins the Nation in celebrating of trees and the impacts they have on our community and the world. National Arbor Day is observed the last Friday in April.
This year, Arbor Day falls on April 25, 2025. In celebration, Americans are encouraged to plant, maintain, and appreciate the country’s vast forests, orchards, and woodlands.
DISCUSSION:
Founded by J. Sterling Morton, Arbor Day plays an important role in reminding the public of the many benefits trees provide, including clean air, beautiful communities, and shelter for w ildlife. The Santa Maria Recreation and Parks Department has scheduled tree plantings and outdoor education programs for our residents. Seven trees were planted in a special tree program that took place at Alvin School with over 30 students participating.
Impact to the Community:
Honoring Arbor Day allows the entire community to come together and celebrate the many ways trees benefit not only the City, but the entire world. By showing appreciation and commitment to tree conservation, the community sets an example for younger generations to follow, thus ensuring the spirit of the celebration continues.
The City of Santa Maria's Urban Forest contains over 27,000 trees. Some of these are located in parks, and others are planted in our City streets and rights of way. City trees make our urban neighborhoods more livable. Trees create a buffer from the often-frantic pace of urban life, they aid in cooling our homes, provide habitat for urban wildlife, help reduce the global greenhouse effect, and absorb noise, pollutants, and unpleasant odors.
City trees soften the impacts of concrete and asphalt with greenery. They can buffer noise, block winds, cool temperatures, absorb carbon dioxide, replenish oxygen, and filter air and water. An "urban forest" is not just tr ees, but a biological community closely connected to the human community's quality of life.
Proclamation requested by: Recreation & Parks Department
Attachment(s): Proclamation
City of Santa Maria
Santa Maria, California
Proclamation
WHEREAS, Arbor Day is celebrated nationally to encourage Americans to maintain and replenish the country’s vast forest, orchards, urban areas, and woodlands; and
WHEREAS, Arbor Day is celebrated nationally to encourage Americans to maintain and replenish the country’s vast forests, orchards, urban areas, and woodlands . Arbor Day is celebrated throughout the Nation by urging residents to observe the day with appropriate tree p lanting activities and programs; and
WHEREAS, the residents of Santa Maria re cognize that trees are a vital resource in beautifying the community’s environment and relieving our carbon footprint and serving as valuable economic assets in the City; maintai ning or increasing property values and attracting businesses and new residents to Santa Maria; and
WHEREAS, by educating children in the community of the importance of trees, the City of Santa Maria Recreation and Parks Department is working to ensure Arb or Day remains an important day to future generations and is coordinating acti vities with local schools to educate children on the many benefits trees provide, as well as the history of Arbor Day; and
WHEREAS, through an Arbor Day Proclamation, President Theodore Roosevelt announced, “A people without children would face a hopeless future; a country without trees is almost as hopeless.” The President’s message still rings true today; and
NOW, THEREFORE, I, ALICE M. PATINO, Mayor of the City of Santa Maria hereby recognize April 25, 2025, as:
“ARBOR DAY”
in the City of Santa Maria and invite all residents and businesses to celebrate and take part in the festivities by planting trees and acknowledging the important role trees have in the City.
IN WITNESS WHEREOF, I have hereunto set my hand and have caused the Seal of the City of Santa Maria to be affixed hereto this 15th day of April 2025.
______________________________
Alice M. Patino, Mayor
COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: Donna G. Schwartz, Chief Deputy City Clerk
DATE: April 15, 2025
SUBJECT: Proclamation – “William Alvin Newton Day” – April 25, 2025
The City Council will recognize April 25 th as “William Alvin Newton Day” in the City of Santa Maria.
BACKGROUND:
William Alvin Newton served the City of Santa Maria as a dedicated firefighter for seven years. On April 25, 1970, at the age of 35 years, Firefighter Newton made the ultimate sacrifice while battling the Bradley Hotel fire when the building collapsed.
Proclamation Requested by: Santa Maria Firefighters Local 2020
Attachment: Proclamation
City of Santa Maria
Santa Maria, California
Proclamation
WHEREAS, William Alvin Newton honorably served the City of Santa Maria as a dedicated firefighter for seven years with the Santa Maria Fire Department (SMFD); and
WHEREAS, Firefighter Newton was known for his bravery, professionalism, and commitment to protecting the lives and property of the residents of Santa Maria; and WHEREAS, on April 25, 1970, at the age of 35, Firefighter Newton made the ultimate sacrifice while battling the Bradley Hotel Fire, a large and dangerous blaze that engulfed a vacant wooden structure scheduled for demolition; and
WHEREAS, while directing water onto the flames from atop a retaining wall adjac ent to the structure, Firefighter Newton was tragically pulled into the fire when the building collapsed; and WHEREAS, Firefighter Newton’s heroism and selflessness reflect the highest ideals of public service, and his loss was deeply felt by his fellow fi refighters, the City of Santa Maria, and most profoundly by his loving wife and three children; and
WHEREAS, it is fitting and proper that the City of Santa Maria honor Firefighter Newton’s legacy, courage, and sacrifice by designating April 25, 2025, in his memory.
NOW, THEREFORE, I, ALICE M. PATINO, Mayor of the City of Santa Maria, do hereby recognize April 25, 2025, as:
“WILLIAM ALVIN NEWTON DAY”
in the City of Santa Maria.
IN WITNESS WHEREOF, I have hereunto set my hand and have caused the Seal of the City of Santa Maria to be affixed hereto this 15th day of April 2025.
Alice M. Patino, Mayor
COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: Donna G. Schwartz, Chief Deputy City Clerk
DATE: April 15, 2025
SUBJECT: Proclamation – “Alcohol Awareness Month” – April 2025
The City Council will recognize the month of April 2025 as “Alcohol Awareness Month” in the City of Santa Maria and encourage all Santa Maria residents to join in the effort to prevent alcohol misuse and promote healthy choices for a stronger community.
BACKGROUND:
April is declared Alcohol Awareness Month to raise awareness about the impact of alcohol use and misuse in the community. Alcohol -related problems, including impaired driving and excessive drinking, cause significant harm, with over 178,000 alcohol-related deaths each year in the U.S. Excessive drinking is especially harmful to youth, with more than 3,900 deaths annually among people under 21 years of age. Early drinking increases the risk of alcohol dependence, and impaired driving remains a major safety concern.
In Santa Maria, alcohol-related incidents continue to affect the community, with 489 DUI arrests and 95 alcohol-related victims injured or killed in 2022. Local youth data shows a need for continued education and prevention efforts, as many students report alcohol use and some underestimate its harm. The Fighting Back Santa Maria Valley Coalition plays a key role in promoting prevention and responsible choices. Alcohol Awareness Month encourages all residents to join in the effort t o prevent alcohol misuse and promote healthier choices for a stronger community.
Proclamation Requested by: Audrey Guizar – Coalition Coordinator, Fighting Back Santa Maria Valley
Attachment(s): Proclamation
City of Santa Maria
Santa Maria, California
Proclamation
WHEREAS, April is Alcohol Awareness Month—a time to raise awareness and understanding of how alcohol use and misuse impact our community. Alcohol -related problems take a heavy toll on individuals of all ages and families. This month serves as a call to action to prevent drinking and driving—because these tragedies are preventable and should never happen; and
WHEREAS, alcohol-related problems continue to take a significant toll, with resear chers estimating more than 178,000 alcohol -related deaths each year, making alcohol a leading preventable cause of death in the United States. Alcohol is a major factor in the deaths of people under the age of 21, with the Centers for Disease Control and P revention (CDC) reporting that excessive drinking leads to more than 3,900 deaths and 225,000 years of potential life lost among young people annually; and
WHEREAS, youth who begin drinking before age 15 are six times more likely to develop alcohol dependence or misuse later in life compared to those who start drinking at or after age 21, impaired driving remains a significant public safety concern, with an average of 28 people killed every day due to drunk driving and two out of three people impacted by impaired driving in their lifetime; and
WHEREAS, the Office of Traffic Safety’s 2022 report states there were 489 DUI arrests, 95 alcohol-involved victims injured or killed, and 7 underage drinking victims killed or injured in our community; and
WHEREAS, local youth data highlights the need for continued education and prevention, with 5 percent of 7th and 9th grad ers, 9 percent of 11th graders, and 19 percent of non-traditional students reporting past 30-day alcohol use, and a concerning percentage of stud ents indicating there is little or no harm in occasional drinking . Fighting Back Santa Maria Valley Coalition plays a critical role in addressing alcohol -related issues by increasing awareness, promoting prevention, and encouraging responsible choices to ensure a healthier and safer community.
NOW, THEREFORE, I, ALICE M. PATINO, Mayor of the City of Santa Maria hereby proclaim April 2025 as:
“ALCOHOL AWARENESS MONTH”
in the City of Santa Maria and encourage all residents to join in the effort t o prevent alcohol misuse and promote healthy choices for a stronger community.
IN WITNESS WHEREOF, I have hereunto set my hand and have caused the Seal of the City of Santa Maria to be affixed hereto this 15th day of April 2025.
______________________________
Alice M. Patino, Mayor
COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: Donna G. Schwartz, Chief Deputy City Clerk
DATE: April 15, 2025
SUBJECT: Proclamation – “National Day of Prayer” – May 1, 2025
The City Council will recognize May 1, 2025, as “National Day of Prayer” in the City of Santa Maria and encourage people of all faiths to participate in “Day of Prayer” according to their own traditions.
BACKGROUND:
National "Day of Prayer" is an annual event established by Congress to encourage Americans to pray for the nation, its people, and its leaders. The tradition of days of prayer dates back to 1775 when the Continental Congress called for prayer. In 1952, the event was officially established by Congress and signed into law by President Truman. It was later amended in 1988 by President Reagan to be observed on the first Thursday of May each year. The Day of Prayer allows people to gather, pray, and strengthen u nity while honoring faith and freedoms. The Santa Maria Valley Community of Prayer is celebrating its 28th annual "Day of Prayer," hosting one of the largest gatherings in California.
Proclamation Requested by: Veronica L. Leach, President of Santa Maria Valley Community of Prayer
Attachment(s): Proclamation – Day of Prayer 2025
City of Santa Maria
Santa Maria, California
Proclamation
WHEREAS, National “Day of Prayer ” is an annual event established by an Act of Congress which encourages Americans to pray for the nation, its people, and its leaders; and
WHEREAS, days of prayer have been called for since 1775, when the Continental Congress designated a time for prayer in forming a new nation; and
WHEREAS, in 1863, Abraham Lincoln called for such a day; and
WHEREAS, officially, “Day of Prayer " was established a s an annual event by an Act of Congress in 1952, and was signed into law by President Truman; and
WHEREAS, the law was amended in 1988, and signed by President Ronald Reagan, establishing the “Day of Prayer” as the first Thursday of May each year; and
WHEREAS, “Day of Prayer” affords everyone the ability to exercise their freedom to gather and pray, to unify hearts, communities, and the country, while holding dear their faith, freedoms, and to one another as fellow Americans; and
WHEREAS, the Santa Maria Valley Community of Prayer is celebrating its 28th annual “Day of Prayer” and continues to host one of the largest Day of Prayer gatherings in the State of California.
NOW, THEREFORE, I, ALICE M. PATINO, Mayor of the City of Santa Maria, hereby recognize the 1st day of May 2025, as:
“NATIONAL DAY OF PRAYER”
in the City of Santa Maria, and encourage people of all faiths to participate in “Day of Prayer”.
IN WITNESS WHEREOF, I have hereunto set my hand and have caused the Seal of the City of Santa Maria to be affixed hereto this 15th day of April 2025.
___________________________________
Alice M. Patino, Mayor
COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: Donna G. Schwartz, Chief Deputy City Clerk
DATE: April 15, 2025
SUBJECT: Proclamation – “2025 Boys & Girls Clubs of Mid Central Coast Youth of the Year”
The City Council will recognize Ruth Sinico-Luna as the “2025 Youth of the Year for the Boys and Girls Clubs of Mid Central Coast”.
BACKGROUND:
Ruth Sinico-Luna is recognized for her outstanding leadership, academic achievements, and community involvement, having volunteered 315 hours on various projects. She sets a positive example for other young people, showing the importance of leadership, service, and healthy living. Ruth represents the Boys & Girls Club with pride and was named the 2025 Youth of the Year by the Boys & Girls Clubs of Mid Central Coast on March 13, 2025.
Proclamation Requested by: Mina Donkor, Director of Teen Services
Attachment(s): Proclamation – Youth of the Year 2025
City of Santa Maria
Santa Maria, California
Proclamation
WHEREAS, Ruth Sinico-Luna has demonstrated exceptional leadership, academic excellence, and community involvement; and
WHEREAS, whereas Ruth Sinico-Luna has given 315 hours volunteering wit h projects that benefit our community; and
WHEREAS, Ruth Sinico-Luna embodies the values of leadership and service, academic achievement, and healthy lifestyles as well as exemplifies the impact the Boys & Girls Club movement has had on their lives; and
WHEREAS, Ruth Sinico -Luna serves as a role model for other young people in our community; and
WHEREAS, Ruth Sinico -Luna honorably represents Clubs and Club Members at the Boys & Girls Clubs Central Coast Region; and
WHEREAS, On March 13, 2025, Ruth Sinico-Luna, was recognized by the Boys & Girls Clubs of Mid Central Coast as 2025 Youth of the Year.
NOW, THEREFORE, I, ALICE M. PATINO, Mayor of the City of Santa Maria hereby recognize and congratulate:
“Ruth Sinico-Luna
2025 Boys & Girls Clubs of Mid Central Coast Youth of the Year”
For this outstanding acc omplishment I extend to Ruth our deepest appreciation for all her dedicated work and wish her the best in all her future endeavors.
IN WITNESS WHEREOF, I have hereunto set my hand a nd have caused the Seal of the City of Santa Maria to be affixed hereto this 15th day of April 2025.
______________________________
Alice M. Patino, Mayor
COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: Chuen Wu, Assistant City Manager
DATE: April 15, 2025
SUBJECT: Homelessness and Encampment Response – Costs, Goals, Objectives, and Action Items.
The City Council will receive a presentation on costs associated with assisting the unhoused by the City of Santa Maria, and goals, objectives, and action items for continuing to address homelessness and encampment response.
BACKGROUND:
Homelessness and encampment response is a statewide issue and concern, with the State of California spending $24 billion since 2019 to address the issue. The spending includes housing and rental assistance, physical and mental health outreach, case management, and funds to purchase motels and other types of temporary housing. As of January 2024, the U.S. Department of Housing and Urban Development reports approximately 187,000 individuals that were experiencing homelessness in California, out of a population of 39.4 mi llion. The point -in-time count for Santa Maria in 2024 reports 424 individuals that were experiencing homelessness. Of these individuals, 189 were reported to be sheltered, 138 were reported living outdoors, and 97 were reported living in vehicles.
The Ci ty of Santa Maria has multiple departments that respond to the impacts of encampments and the unhoused. As such, the City spends over $1 million annually addressing homelessness and encampment, through public safety, clean-ups, and funds to non-profit service providers.
DISCUSSION:
Counties primarily receive state and federal funding and grants to provide social and welfare services to their residents, including the unhoused, whereas cities utilize their general funds to provide public safety and qualit y of life to residents while enforcing city ordinances and local laws. A county may partner with local cities and other non -profit agencies to provide the full range of services that meet the needs of a community.
The County of Santa Barbara has partnere d with local cities on several California Encampment Resolution Fund (CERF) grants. In total, approximately $16.5 million has been awarded to the County for these three rounds of CERF. These funds are then used to pay for services that address the safety and wellness of encamped individuals, with the 2 goal of transitioning them into interim and permanent housing. The services include, but are not limited to, health services, including mental health and addiction recovery, housing navigation, and employment services. The City of Santa Maria has partnered with Santa Barbara County and coordinated with service providers, including Good Samaritan Shelter, on these efforts over the past several years. Specifically, CERF funding was directed to efforts along the ci ty’s railways, riverbed, and areas where individuals and families are found living in vehicles.
In addition, the Housing and Urban Development (HUD) program granted over $3.6 million to some of Santa Barbara County’s Continuum of Care agencies specifical ly to assist the unhoused or low-income individuals.
City Personnel and Contractor Costs
The City’s costs for addressing homelessness and encampment response are primarily associated with public safety and mitigating community impacts through cleaning up encampment sites. The Rangers, Police, and Code Enforcement have all committed staff time toward these efforts. In fiscal year 2024, approximately 13,685 hours were spent, which calculates to 6.5 full -time staff addressing and responding to homelessness a nd encampments. This staffing equates to approximately $644,700 in personnel costs on an annual basis, not including administrative and management tasks provided by staff in the Public Works Department, the City Manager’s Office, and the City Attorney’s Office.
Responder Hours spent
FY 22-23
Costs
FY 22-23
Hours spent
FY23- 24
Costs
FY 23-24
Police 2,600 $162,500 2,925 $188,500
Rangers 9,950 $400,000 10,500 $442,000
Code Enforcement 260 $13,500 260 $14,200
Total 12,810 $576,000 13,685 $644,700
In summary, our City departments provide efforts toward homelessness and encampment response in the following ways:
Police (SMPD): Officers of the Community Services Unit respond to any illegal activity, including but not limited to trespassing, littering, stealing, fighting, unlawful camping, parking recreational vehicles over 72 hours, etc. In fiscal year (FY) 2022- 23, SMPD received 5,406 total calls of service involving homelessness/transient issues. In FY 2023 -24, SMPD received 4,670 total calls of service involving homelessness and transient issues. Additionally, SMPD provides contact information for services to unhoused residents who may be seeking help. Recreation and Parks: The Rangers patrol the parks and the riverbed daily, clean up the trash left behind by encampments in parks, medians, or landscaped areas, and, like SMPD, provide contact information for services to unhoused residents who may be seeking help.
Community Development: Code Enforcement Officers assist with issues on private property by working with property owners, connecting them with SMPD, and assisting with letters of authority being filled out and filed with the SMPD. Staff in 3 the Community Programs Division provides and tracks Community Development Block Grant (CDBG) monies to local non -profit partners that provide services addressing homelessness.
Fire: Staff respond to medical calls for unhoused people, and also to dumpster and vegetation fires. In FY 2022 -23, Fire staff responded to 978 inciden ts with the unhoused; in FY 2023-24, Fire staff responded to 989 incidents0. Utilities: Staff processed over 81 tons of encampment trash in FY 2022 -23 and over 296 tons of encampment trash in FY 2023-24.
Public Works: Staff administers the encampment clean-up contract and processes the bills. Their staff will clean up medians if they notice garbage. Library: The Library provides a temperature-controlled space for the unhoused to spend time in during the day, along with computer access. They pay for added security in and around the library to mitigate safety concerns. City Attorney’s Office: This office provides staffing to press charges against those who have broken the laws.
City Manager’s Office: This office provides leadership, management , and coordination in various meetings with the County and other service providers regarding homelessness and encampments.
Finance: Staff processes payments for the encampment clean-up contract.
The City currently contracts with the company, 2Mexicans (2M) , to haul encampment waste away from clean-up sites and dispose of it at the Santa Maria Landfill. This contract has been funded v ia American Rescue Plan Act (ARPA) funds, but with ARPA funding ending this next year, funding to continue this contract will need to come from other sources. In FY 2022-23, over $48,000 was paid to 2M for trash removal, over $230,000 in FY 2023-24, and over $93,000 so far in FY 2024-25.
Adding personnel and contractor costs results in a total cost of approximately $874,700 in FY 23 -24. The City expects costs to remain in the $800,000 to $1 million range to continue work in addressing homelessness and encampment response.
Community Development Block Grant (CDBG) Funds
In FY 22-23, over $571,000 was directed to programs targeting homelessness, including capital improvements to Good Samaritan’s emergency shelter facility as well as tenant - based rental assi stance to households in need. In FY 23 -24, the City granted over $521,000, provided to other similar programs targeting homelessness.
FY 24 -25 recipients include $300,000 in funds for a Transition Age Youth (TAY) Navigation Center to be operated by Fight ing Back Santa Maria Valley, and additional funds ranging from $15,306 to $20,900 for Catholic Charities, Foodbank of Santa Barbara County, Good Samaritan Shelter, and The Salvation Army, all providing services to our low-income community, including those experiencing homelessness.
Goals, Objectives, and Action Items The City is committed to ensuring clean and safe neighborhoods in Santa Maria by mitigating the impacts of encampments. The City is also 4 committed to the broader goal of reducing homelessness through partnership and coordination with other agencies and service providers.
The City’s Goals, Objectives, and Action Items are stated below:
Goal 1: Ensure clean and safe neighborhoods in Santa Maria.
Objective 1.1: Clean and prevent the establishment of encampments.
Action 1.1.1: Provide 72 -hour notice to vacate and direct individuals living in encampments to resource and service providers, and follow -up on continued site monitoring.
Action 1.1.2: Monitor frequent encampment areas, such as the Santa Maria Riverbed, through daily patrol, and in coordination with other responsible jurisdictions, including Santa Barbara County, San Luis Obispo County, and CalTrans.
Action 1.1.3: Work with private property owners, including properties adjacent to frequent encampment areas, commercial shopping centers, and vacant properties, to monitor and strengthen their sites, and encourage implementation of added security measures.
Action 1.1.4: Upon vacati on of an encampment, contact staff or contractor s to clean up site, and implement measures to prevent re -encampment, including restricting access, fencing repair, vegetation trimming or planting, and other ways to reduce places of concealment.
Objective 1.2: Provide residents and businesses convenient access to report encampments.
Action 1.2.1: Maintain and monitor the City’s Neighborhood Connect portal to allow residents and businesses to report activities and concerns online.
Action 1.2.2: Continue to evaluate easy and effective ways for residents and businesses to report activities and concerns pertaining to encampments.
Objective 1.3: Create a unified enforcement front.
Action 1.3.1: Coordinate the efforts of various City departments through a Ho meless Encampment Task Force to provide ongoing strategies and recommendations that mitigate encampment impacts on neighborhoods and businesses.
Action 1.3.2: Increase visibility and efficiency of City efforts through consistent enforcement across departments, engaging daily patrol staff in contacting and identifying individuals experiencing homelessness.
5 Objective 1.4: Leverage other public safety measures to reduce crime related to the transient population.
Action 1.4.1: Instruct public safety officers to conduct evaluations of individuals who appear under the influence of controlled substances and take appropriate actions as needed, including charges and enforcement.
Action 1.4.2: Implement a bicycle registration system to reduce bicycle theft and to increase recovery of stolen bicycles and apprehension of those responsible for the thefts.
Action 1.4.3: Educate business owners of the City’s shopping cart ordinance, enforce shopping cart violations , and prevent abandoned carts from being used t o store belongings.
Goal 2: Reduce homelessness in Santa Maria.
Objective 2.1: Partner and engage with regional agencies and local service providers.
Action 2.1.1: Partner with Santa Barbara County, San Luis Obispo County, and other identified agencies in coordinating homelessness and encampment response efforts, collaborating regularly through scheduled meetings, and adhering to the stated expectations of an agreed -upon memorandum of understanding for efforts within the Santa Maria Riverbed.
Action 2.1.2: Coordinate police and ranger efforts with street outreach workers, identifying locations of encampments, including public right s-of-way, private properties, downtown, and areas of those living in vehicles, and connect outreach workers to individuals a nd families needing assistance.
Objective 2.2: Seek and provide funding and support for local service providers.
Action 2.2.1: Seek, partner with, and/or support other agencies in obtaining funding to address homelessness, such as California Encampment Resolution Funds (CERF).
Action 2.2.2: Continue the provision of (CDBG) funding toward homelessness efforts, including but not limited to, local non-profit agencies providing services to individuals and families experiencing homelessness.
Objective 2.3: Support the development of housing, including permanent, supportive, transitional, and emergency housing, with consideration to neighborhood input and potential impacts.
Action 2.3.1: Facilitate and prioritize the review of proposed housing development s, ensuring that the development meets community needs, is high-quality, and is compatible with surrounding and adjacent neighborhood uses.
1 CITY COUNCIL MEETING MINUTES CITY OF SANTA MARIA, CALIFORNIA
April 1, 2025, 5:30 p.m.
City Hall Council Chambers
110 East Cook Street
Santa Maria
Roll Call: Councilmember Maribel Aguilera -Hernandez, Councilmember Gloria Flores, Councilmember Gloria Soto, Mayor Pro Tem Carlos Escobedo, and Mayor Alice Patino.
Staff Present: City Manager David W. Rowlands, Assistant City Manager Chuen Wu, City Attorney Thomas Watson, Interim Finance Director Xenia Bradford, Director of Community Development Chenin Dow, Fire Chief Bradley Dandridge, Director of Public Works Brett Fulgoni, Libra ry Director Dawn Jackson, Director of Recreation & Parks Alex Posada, Interim Chief of Police Daniel Cohen, Director of Utilities Shad Springer, Community Programs Manager Rosie Rojo, Chief Deputy City Clerk Donna Schwartz, and Assistant City Clerk Alexandra Valadez.
_____________________________________________________________________
CLOSED SESSION
1. CALL TO ORDER
At 4:41 p.m. Mayor Pro Tem Escobedo called the meeting to order.
ROLL CALL:
MEMBERS PRESENT:
Councilmember Aguilera -Hernandez (via Teams), Councilmember Flores, Councilmember Soto, and Mayor Pro Tem Escobedo.
Mayor Patino arrived at 4:45 p.m.
STAFF MEMBERS PRESENT:
City Manager David W. Rowlands, City Attorney Thomas Watson and Chief Deputy City Clerk Donna G.
Schwartz.
Moved by: Councilmember Soto
Seconded by: Councilmember Gloria Flores
Mayor Pro Tem Escobedo announced there was an urgency request by Councilmember Aguilera - Hernandez, which was after the agenda was posted, requesting to participate via video conference for "Just Cause," due to "Childcare" per AB 2449 during the Closed Session portion of the meeting.
Councilmember Aguilera-Hernandez was present via Teams and announced there was no one over the age of 18 present at her location.
Mayor Pro Tem Escobedo asked for a motion to approve Councilmember Aguilera -Hernandez request to participate via video conference.
Ayes (3): Councilmember Gloria Flores, Councilmember Soto, and Councilmember Escobedo Absent (1): Mayor Patino
Motion carried by a recorded vote (3 to 0)
2 2. PUBLIC COMMENT PERIOD
Mayor Patino opened public comment, there being none, closed public comment.
3. RECESS-CLOSED SESSION
At 4:43 p.m. Mayor Patino recessed to Closed Session.
3.a Conference with Legal Counsel - Existing Litigation, Pursuant to California Government Code §54956.9(d)(1)
3.b Conference with Labor Negotiators, Pursuant to California Government Code §54957.6
3.c Conference with Legal Counsel - Existing Litigation, Pursuant to California Government Code §54956.9(d)(1)
4. RECONVENE TO OPEN SESSION
OPEN SESSION - 5:30 P .M.
5. INVOCATION
Beverly Taylor with Santa Maria Valley Community of Prayer gave the Invocation.
6. PLEDGE OF ALLEGIANCE
Councilmember Flores led the Pledge of Allegiance.
7. CALL TO ORDER
Mayor Patino convened the meeting and called the meeting to order at 5:42 p.m.
8. REPORT BY THE CITY ATTORNEY FROM CLOSED SESSION
City Attorney Watson reported that instructions were provided to staff for items 3.a, 3.b, and 3.c.
9. PROCLAMATIONS
9.a Proclamation – “Donate Life Month” – April 2025
The City Council presented a Proclamation recognizing the month of April 2025 as “Donate Life Month” in the City of Santa Maria and encouraged all Santa Maria residents to check “YES!” to donate their organs when applying for or renewing their driver’s licen se. The Proclamation was accepted by Scott Burns.
9.b Proclamation – "National Library Week" - April 6 through 12, 2025 The City Council presented a Proclamation to recognizing April 6 through 12, 2025, as "National Library Week" in the City of Santa Maria . The Proclamation was accepted by Library Board of Trustee Helen Galvan.
9.c Proclamation – “National Community Development Week” – April 21 through 25, 2025 The City Council presented a Proclamation recognizing April 21 through 25, 2025, as “National Community Development Week” to celebrate and showcase the programs and projects which are funded by federal grant programs like Community Development Block Grants and HOME Investment Partnership. The Proclamation was accepted by the Community Programs Division.
9.d Proclamation – “Fair Housing Month” – April 2025
The City Council presented a Proclamation recognizing the month of April 2025 as “Fair Housing Month” in the City of Santa Maria and encouraged the continued celebration of equal housing opportunities and the progress made in opening the doors to housing opportunities for all residents of Santa Maria. The Proclamation was accepted by Attorney at Legal Aid Foundation of Santa Barbara County Madeleine Nantze.
3 9.e Proclamation – “Child Abuse Awareness Month” – April 2025 The City Council presented a Proclamation recognizing the month of April 2025, as “Child Abuse Awareness Month” in the City of Santa Maria and encouraged awareness in the City. The Proclamation was accepted by Executive Director of North County Rape Crisis and Child Protection Center Ann McCarty.
9.f Proclamation – “Sexual Assault Awareness Month” – April 2025 The City Council presented a Proclamation recognizing the month of April 2025, as “Sexual Assault Awareness Month” in the City of Santa Maria and encouraged awareness in the City. The Proclamation was accepted by Executive Director of North County Rape Crisis and Child Protection Center Ann McCarty.
9.g Proclamation – “Parkinson’s Disease Awareness Month” – April 2025 The City Council presented a Proclamation recognizing the month of April 2025 as “Parkinson’s Disease Awareness Month’ in the City of Santa Maria and encouraged all residents to take this opportunity to learn more about Parkinson’s disease, support those affected, and pr omote awareness efforts within our community. The Proclamation was accepted by Founder and Coach of Neurofighters April Huckabey.
10. PUBLIC COMMENT PERIOD (Not to exceed 15 Minutes)
Mayor Patino invited public comment. Esther Jensen spoke individually, while Diego, Juan, Yaqui, Adilene, and Marivel spoke collectively. Additionally, Hilda Zacarias, Angelina Jimenez, and Ilene Pickle also addressed the meeting.
11. CONSENT CALENDAR
Consent Calendar Items 11.a.1 through 11.c.1 were approved as presented, in cluding the adoption of Resolution Nos. 2025-37, 2025-38, and 2025-39. The recorded vote appears with each item below.
Councilmember Escobedo asked for clarification on item 11.a.5.
Moved by: Councilmember Escobedo
Seconded by: Councilmember Aguilera-Hernandez
Adopted the Consent Calendar as submitted.
Ayes (5): Councilmember Aguilera-Hernandez, Councilmember Gloria Flores, Councilmember Soto, Councilmember Escobedo, and Mayor Patino
Motion carried by a recorded vote (5 to 0)
11.a CITY MANAGER/CITY CLERK DEPARTMENT
11.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 cas t at the first meeting, unless City Council indicates otherwise.
Motion carried by a recorded vote
11.a.2 Approval of Minutes
Moved by: Councilmember Escobedo
Seconded by: Councilmember Aguilera-Hernandez
Approved the Minutes of the regular City Council meeting of March 18, 2025.
Motion carried by a recorded vote
4 11.a.3 Adoption of a Resolution Approving a City Legislative Platform Action: Adopted as Resolution No. 2025-37.
Moved by: Councilmember Escobedo
Seconded by: Councilmember Aguilera-Hernandez
Adopted a Resolution approving the Legislative Platform to guide the City’s legislative and intergovernmental activities.
Motion carried by a recorded vote
11.a.4 Bond Release for Public Improvement Plan Number PIP2022-0001 Moved by: Councilmember Escobedo
Seconded by: Councilmember Aguilera-Hernandez
Accepted as complete the public improvements associated with Public Improvement Plan Number PIP2022 -0001 (Building Permit Number B21 -2165) at 512 East Chapel Street, and authorize the release of Faithful Perf ormance Bond [#0832197] in the full amount of $151,822.25 posted in the form of a surety to guarantee public improvements; and order that the Labor and Material Bond in the mount of $75,911.13 and the Guarantee and Defective Material Bond in the amount of $15,182.23 be retained for six months and one year, respectively, from the date of the release of the Faithful Performance Bond for public improvements.
Motion carried by a recorded vote
11.a.5 Adoption of a Resolution Approving a Budget Amendment for Public, Education, and Government for an Audiovisual and Production Solution Project for Fiscal Years 2024-25 and 2025-26.
Action: Adopted as Resolution No. 2025-38.
Moved by: Councilmember Escobedo
Seconded by: Councilmember Aguilera-Hernandez
Adopted a Resolution approving a budget amendment for Public, Education, and Government in the amount of $120,000 for an audiovisual and production solution project for Fiscal Years 2024-25 and 2025-26.
Motion carried by a recorded vote
11.b FINANCE DEPARTMENT
11.b.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
5 11.b.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 D epartment of Finance, and having been approved for payment by the Director of Finance.
Motion carried by a recorded vote
11.c PUBLIC WORKS DEPARTMENT
11.c.1 Adoption of a Resolution Approving Betteravia Plaza Reimbursement Agreement; and Release of Landscaping Performance Bonds
Action: Adopted as Resolution No. 2025-39.
Moved by: Councilmember Escobedo
Seconded by: Councilmember Aguilera-Hernandez
1. Adopted a Resolution authorizing a Reimbursement Agreement with Betteravia Park, LLC; and
2. Authorized the release of Faithful Performance Bond for Landscaping & Irrigation [#30051906] in the full remaining amount of $598,120 (City Council previously approved the reduction by 50 percent on October 1, 2024) posted in the form of a Surety to guarantee the installation of the required landscaping and irrigation; and order that the Labor and Materials Bond [#30051906 -E] in the amount of $598,120 and the Guarantee and Defective Material Bond [#30051906 -F] in the amount of $119,624 be retained for six months and one year respectively, from the date of the release of the Faithful Performance Bond for Landscaping & Irrigation. Full release was granted by each department.
Motion carried by a recorded vote
12. PUBLIC HEARING
12.a Fiscal Year 2025-26 Community Development Block Grant Program Drafted Action Plan and Five-Year Drafted Consolidated Plan
The City Council conducted a public hearing, received comments from the public as part of the drafted Fiscal Year 2025-26 Community Development Block Grant Action Plan 30 -day public review period; and considered the Block Grants Advisory Committee’s recommendation for the allocation of Fiscal Year 2025-26 Community Development Block Grant Program Public Services and Capital funds.
Staff report and PowerPoint presented by Community Programs Manager Rosie Rojo.
Mayor Patino opened the public hearing at 7:05 p.m.
Speaking from the public was Yolanda Vasquez/Greg Cornell, Martina Arreola, Midge Nicosia, Bradlee Kirkman, Jacob Buxton, Alexa Martin, Chelsea Crabill, Mary Moore, Arceli a Sencion, Ann McCarty, Michelle Ward, Nicole Fleeman, Daniela Garcia, and Edwin Weaver.
Mayor Patino closed the public hearing at 7:46 p.m.
Moved by: Councilmember Aguilera-Hernandez
Seconded by: Councilmember Escobedo
Approved allocating the $37,500 to Public Services programs:
Councilmember Escobedo allocated $7,500 to Access Central Coast.
Councilmember Aguilera-Hernandez allocated $4,239 to North County Rape Crisis & Child Protection Center and $3,261 to Access Central Coast.
Councilmember Soto allocated $7,500 to Access Central Coast.
6 Councilmember Flores allocated $4,837 to Fighting Back Santa Maria Valley and $2,663 to Access Central Coast.
Mayor Patino allocated $1,087 to Fighting Back Santa Maria Valley, $4,239 to Community Partners in Caring, and $2,174 to Meals on Wheels Santa Maria Valley.
Total City Council allocations for the affected organizations are as follows:
Access Central Coast (formerly Independent Living Resource Center): $20,924 Community Partners in Caring: $4,239
Fighting Back Santa Maria Valley: $5,924
Meals on Wheels Santa Maria Valley: $2,174
North County Rape Crisis & Child Protection Center: $4,239 Ayes (5): Councilmember Aguilera-Hernandez, Councilmember Gloria Flores, Councilmember Soto, Councilmember Escobedo, and Mayor Patino
Motion carried by a recorded vote (5 to 0)
Moved by: Councilmember Soto
Seconded by: Councilmember Aguilera-Hernandez
Approved the overall allocations and contingencies of the drafted Fiscal Year 2025 -26 Community Development Block Grant Action Plan. Amendment to motion to include a request by Councilmember Soto to add, if there is a decrease in funding, the item will be brought back to City Council for discussion.
Ayes (5): Councilmember Aguilera-Hernandez, Councilmember Gloria Flores, Councilmember Soto, Councilmember Escobedo, and Mayor Patino
Motion carried by a recorded vote (5 to 0)
13. REPORT BY CITY MANAGER
City Manager Rowlands announced that the next City Council meeting will be held on April 15th. The agenda will include a proclamation recognizing the Boys & Girls Club 2025 Youth of the Year, an introduction to the Quimby Fee Ordinance, and proposed amendments to the Municipal Code. The agenda for the May 6th meeting will feature a presentation on the Businesses of the Quarter, the final allocation and Five-Year Consolidation Plan for the Community Development Block Grants for Fiscal Year 2025-2026, and a second reading of the Fire Hazard Severity Zones Ordinance. Additionally, the May 20th City Council meeting will include a presentation on Pavement Management.
14. ORAL REPORTS OF COUNCILMEMBERS AND OFFICERS (INCLUDING AB 1234 REPORTS) Councilmember Flores shar ed her attendance at the Central Coast Community Energy Open House Ribbon Cutting, took part in a tour of the Library and Museum, met with representatives from United Way, participated in the Santa Maria Valley Housing Summit at Allan Hancock College, and toured affordable housing developments.
Councilmember Escobedo mentioned his attendance at the Central Coast Water Authority Board Meeting.
Councilmember Aguilera-Hernandez noted her attendance at the Women Lawyers Association Board Meeting and Spoke to Santa Maria Highschool Sophomores on City Government.
Councilmember Soto had no report.
7 Mayor Patino highlighted her participation in several events, including the Central Coast Community Energy Open House Ribbon Cutting, the Santa Barbara County Associat ion of Governments Board Meeting, and the Air Pollution Control District Board Meeting. She also spoke to 4th -grade students at Libbon Elementary about city government, attended the Santa Maria Valley Chamber Business Expo, and participated in the Santa Ma ria Valley Housing Summit at Allan Hancock College. Additionally, she appeared on the Rick Blaemire Radio Show, toured affordable housing developments, and took part in the Ben Heighes Radio Segment.
15. ADJOURNMENT
There being no further business before t he City Council, Mayor Patino declared the City Council meeting adjourned at 8:06 p.m.
Chief Deputy City Clerk Alice M. Patino, Mayor
COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: Xenia Bradford, Interim Director of Finance
DATE: April 15, 2025
SUBJECT: Adoption of a Resolution Approving Accounts Receivable and Uncollectible Debt Policy
Description:
The City Council will consider adopting a Resolution approving an Accounts Receivable and Uncollectible Debt Policy.
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
RECOMMENDATION:
Adopt a Resolution approving an Accounts Receivable and Uncollectible Debt Policy.
BACKGROUND:
The City of Santa Maria collects revenue for multiple lines of services provided to the community. Services are not limited but may include providing utilities such as water, wastewater, solid waste, landfill, as well as providing recreation and parks and library services. From time-to-time accounts receivable become uncollectible and are written off as bad debt per accounting principles. The City wishes to establish a Citywide Accounts Receivable Policy to ensure a standard method for collections and write -off of uncollectible debt.
DISCUSSION:
The proposed Accounts Receivable and Uncollectible Debt P olicy (Attachment B) establishes consistent application for collections across the City departments in accordance with the best practices. The purpose of th is policy is to establish the responsibilities, internal controls, authorizations and procedures for the accurate and timely preparation of customer invoices for goods and services rendered by the City Santa Maria (City) and the management of the accounts receivable created by these invoices including the authority to write-off uncollectible accounts. This includes ensuring adequate support for all amounts billed, timely collection of outstanding amounts, recording of transactions, reporting of outstanding accounts, and ensuring that practices are consistent throughout the City.
2 Fiscal Considerations
There is no direct fiscal impact associated with the establishment of this policy.
Impact to the Community
The policy establishes best practices for accounts receivable and serves to safeguard the City’s assets and effectively collect payments.
ATTACHMENTS
A. Resolution
B. Accounts Receivable and Uncollectible Debt Policy
ATTACHMENT A
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MARIA, CALIFORNIA,
APPROVING ACCOUNTS RECEIVABLE
AND UNCOLLECTIBLE DEBT POLICY
WHEREAS, the City of Santa Maria provides various services to the community for which it recovers costs through fees; and
WHEREAS, it is recommended to adopt the Accounts Receivable and Uncollectible Debt policy to set parameters for the collection of fees and bad debt write-off procedures.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
SECTION 1. The Accounts Receivable and Uncollectible Debt policy shall be placed in effect on April 15, 2025.
SECTION 2. The Chief Deputy City Clerk is hereby authorized to make m inor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult wi th 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 15th day of April 2025.
ATTEST:
Chief Deputy City Clerk
Mayor
APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager
ATTACHMENT
B
CITY OF SANTA MARIA
ACCOUNTS RECEIVABLE AND UNCOLLECTABLE DEBT POLICY
Policy: Effective April 15, 2025
City of Santa Maria Accounts Receivable and Uncollectable Debt Policy
I. PURPOSE:
The purpose of this policy is to establish the responsibilities, internal controls, authorizations and procedures for the accurate and timely preparation of customer invoices for goods and services rendered by the City Santa Maria (City) and the management of the accounts receivable created by these invoices including t he authority to write-off uncollectible accounts. This includes ensuring adequate support for all amounts billed, timely collection of outstanding amounts, recording of transactions, reporting of outstanding accounts and ensuring that practices are consistent throughout the City.
II. GOALS:
The goal s of this policy are to improve the accuracy of measuring outstanding accounts receivable, ensure that reasonable diligence is used to collect outstanding accounts receivable, and write -off uncollectible debts from the City’s financial system. This will be facilitated by the following:
1. The policy will name parameters for accurately reflecting the value of accounts receivable.
2. This policy will name the parameters by which overdue accounts receivable will be sent to collection agency/services.
3. This policy will set up the process by which the Finance Department will direct that specified accounts receivables shall be subject to write -off, to ensure that accounts receivables are not overstated. The write -off process is a critical part in accurately valuing accounts receivables. Following Generally Accepted Accounting Principles (GAAP), the City has established an allowance for doubtful accounts as an estimate of the amount of those outstanding accounts receivable which are not expected to be collected. The allowance for doubtful accounts shall be recalculated and adjusted by the Finance Department each fiscal year on an annual basis.
III. SCOPE:
This policy applies to all City departments processing accounts receivable and should be used in conjunction wi th the City’s cash handing policy and adopted policies on the application of late fees and penalties. Types of receivables covered by this policy include but are not limited to: certain delinquent items in regards to utility billing, business license tax; transient occupancy tax; regulatory and
ATTACHMENT
B
CITY OF SANTA MARIA
ACCOUNTS RECEIVABLE AND UNCOLLECTABLE DEBT POLICY
development impact fees; fees for services; recovery for damage to City property; fines and penalties; benefit payments, rents and leases; contract payments ; and, legal judgments.
Exceptions to this policy include legal requirements or specific contractual agreements. Departments that engage third party accounts receivable processing companies to generate invoices and process payments on behalf of the City may follow different procedures to optimize collection efforts with prior approval by the Finance Director and the City Manager
IV. GENERAL:
1. Definitions:
Account Receivable: means a claim for money, goods, services and other non -cash assets. These are generally established via billing advice/invoice or contract/agreement. These are set up as assets of the City and recognized as revenue is earned.
Allowance for Doubtful Accounts : is a contra account on the balance sheet associated with Accounts Receivable based on Delinquent Accounts. The credit balance i n this account comes from the entry wherein Bad Debt Expense is debited. The amount in this account is based on a regular aging analysis of Accounts Receivable and/or specifically identified Doubtful Accounts.
Authorized Person : is an Employee who has been granted the authority to perform specific duties or make decisions within the scope of their designated responsibilities.
Bad Debt Expense : When an Allowance for Doubtful Account is credited, the expense is recorded to an operating department. Where known and identifiable to a department , the expense for the bad debt is charged to the operating department.
Billing Advice : means an internal document used to generate an Invoice to a customer.
City Manager : means the person appointed by the City Council to perform the responsibilities in the City’s Charter and Municipal Code. City Council: is the legislative body of a city and is made up of elected officials who create policies and laws for the community . Council members handle ensuring that laws and polici es serve the needs of the people who live and work in their district.
Collection Agencies : are businesses set up to collect past -due Accounts Receivable on behalf of creditors and appointed by the City to collect these amounts.
Debtors Watch List: means a list of individuals and/or businesses that are in arrears to the City or have had a balance written off that is
ATTACHMENT
B
CITY OF SANTA MARIA
ACCOUNTS RECEIVABLE AND UNCOLLECTABLE DEBT POLICY
utilized by staff to collect outstanding debts. Customers on the list may be barred from conducting future business with the City until their accounts are fully settled.
Delinquent Account: means an Accounts Receivable that is late or overdue on payment.
Doubtful Account : means an Accounts Receivable for which collection efforts are in progress or have been exhausted without successful collection and for which an Allowance for Doubtful accounts adjustment will be recorded.
Due Date: means the last date by which an invoice must be paid by a customer following the terms of payment on the Invoice. Dunning Letter: means a communication to a customer showing that a payment is overdue.
Director of Finance: is the person appointed by the City Manager to that position who will be responsible for the duties outlined in Municipal Code Chapter 2-7.
Good Standing: means a customer with an Accounts Receivable that is current meaning that payments are made following the payment terms indicated on the Invoice.
Interest Charge: the charge calculated on outstanding amounts from the due date, following the City’s Municipal Code.
Invoice: means a document requesting payment from an external customer for goods or services provided by the City to the customer. Repayment Arrangement : means a written and signed repayment arrangement, authorized following this policy, negotiated with a customer for repayment of a past due amount and which may or may not include repayment of Interest Charges.
Standard Payment Options : cash, cheque, certified cheque, credit card, debit card and Electronic Funds Transfer.
Statement: means of communication issued to the customer detailing the previous month’s balance and current month’s transactions including any Interest Charges.
Write Off: means to remove an Account Receivable that is thought uncollectible from the City's financial records.
2. Write-Off Authorization Thresholds:
Write-Off Authorization Thresholds
City Council Greater than $50,000
City Manager $ 15,000 to $50,000
Finance Director Up to $15,000
V. ROLES AND RESPONSIBILITIES:
ATTACHMENT
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CITY OF SANTA MARIA
ACCOUNTS RECEIVABLE AND UNCOLLECTABLE DEBT POLICY
1. City Council is responsible for:
Approval of all non-collectible accounts receivable write-offs of the City over $50,000, plus any related interest or penalties on a per account basis.
Approval of accounts receivable adjustment of amount more than $50,000 per invoice.
2. City Manager is responsible for:
Approval of all non -collectable accoun ts receivable write -offs up to $50,000 plus any related interest or penalties on a per account basis. Approval of accounts receivable adjustment amounts more than $15,000 to $50,000 per invoice.
3. Finance Director is responsible for:
Approval of all non-collectable accounts receivable write -offs up to $15,000 plus any related interest or penalties on a per account basis. Approval of any accounts receivable adjustment up to $ 15,000 per invoice.
Submittal of a non-collectable accounts receivable write-off request report to City Council or City Manager following the guidelines established in this policy.
Recommending the choice of a registered collection agency as required.
Directing the review of this policy, at a minimum every five (5) years, or sooner if required, and recommend updates as necessary.
4. Finance Department is responsible for the:
Daily management of the staff delegated accounts receivable duties. Timely and accurate delivery of invoices to customers. Timely and professional c ommunication about collections to customers occur.
Collaboration with departments and legal services in collection efforts. Identification and recommendation of accounts to be determined as uncollectable and written off.
Approval of the accounting adjustments taking into consideration the appropriate authority as provided in this policy.
Transfer of accounts receivable to third -party collection agencies as approved by appropriate authority per this policy.
On an annual ba sis, prepare an analysis of outstanding accounts receivable and develop a proper estimate for the allowance for doubtful accounts.
Facilitate Reports to City Council and/or City Manager for all internal requests to begin legal action for the recovery of accounts receivable.
5. Collection Agency is responsible for:
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ACCOUNTS RECEIVABLE AND UNCOLLECTABLE DEBT POLICY
Debt recovery by contacting debtors to inquire about their payment status and negotiate payoff deadlines and payment plans. Handling customers’ questions or complaints and send ing bill reminders through emails or letters.
Ensure that all collection activities follow relevant laws and regulations. Reporting the status of collections and any issues met to the City on a regular basis.
VI. SEGREGATION OF DUTIES
Segregation of Duties (SOD) separates roles and responsibilities to ensure that an individual cannot process a transaction from initiation through to collection without the involvement of others and thereby reduces the risk of fraud.
Segregation of Duties is achieved for accounts receivables by the following duties being undertaken by different individuals:
The billing for goods and services is started by an employee in the operating department responsible for delivering the goods and/or services. The accounts receivable billing request is sent to Finance to process.
Finance will create the invoice based on billing request s. The invoice should be prepared or approved by an alternate employee. Payments should be accepted and posted by an alternate employee. Adjustments to customer accounts are recommended by staff and require approval by an alternate employee.
Collection steps are performed by the operating department, finance and legal services.
In situations where it is not pract ical to meet the minimum requirements listed in this policy, the Department Director shall discuss with the Director of Finance, or designee, proposed alternative procedures and mitigating controls, such as increased supervision, job rotation, or regular review of transact ions, that can be established within existing staffing limitations.
VII. PROCEDURES:
1. Accounts Receivable Procedures:
All accounts receivable shall be entered in the finance system by Finance staff who have been delegated th e responsibility and access to the accounts receivable module. Each account receivable must be recorded and maintained
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CITY OF SANTA MARIA
ACCOUNTS RECEIVABLE AND UNCOLLECTABLE DEBT POLICY
until payment is received or the recorded amount is written off. Staff will generate an invoice and /or monthly statement to the debtor to remind them of the outstanding balances of the debt, with a concise description of the debt, and the due date.
2. Payments:
Payments may be in the form of cash, checks and credit card. Payments can be made in person, by mail and online. Payments will be applied to accounts receivable as per the Debtor’s instructions. If no instructions are provided, the payment will be applied against the oldest outstanding account receivable and interest noted on the Debtors’ statement. Any remaining credit balance will be applied in order of oldest to most recent arrears at the City’s discretion. Payments will be accepted following the City’s Cash Handling Procedure and relevant accounts receivable and collections policies , ensuring proper segregation of duties.
3. Returned Checks:
The Treasurer’s Department shall notify the originating City department upon receipt of a r eturned payment due to Non -Sufficient Funds (NSF) . The City department will follow up with the customer to recover the payment along with any associated NSF fees. Accounting will also be notified of all NSF checks so all adjusting entries can be entered into the financial system.
4. Billing Adjustments:
When an error has been made in an original invoice or it becomes necessary to adjust a customer’s account, the originating department must send an Accounts Receivable Adjustment request to the Finance Department . The request must indicate the nature and amount of the adjustment required providing the authorization for finance staff to post the correcting billing adjustment.
5. Reporting:
On a monthly basis, Departments will review aging reports and make reasonable efforts to collect all outstanding debts. Those efforts should, at minimum, be contacting the debtor and verifying that the address and phone number on file are correct, as well as steps for repayment. These reports can act as a debtors watch list which can assist departments in determining if customers should be barred from any future business with the City until their debts are settled. This proactive approach ensures that all efforts were made to
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ACCOUNTS RECEIVABLE AND UNCOLLECTABLE DEBT POLICY
recover debts while keeping accurate records and facilitating communications with debtors.
If the debt is not satisfied by the debtor within 120 days of its due date, the Finance Department or the Department responsible for the receivable will start Accounts Receivable Write-Off Authorization.
The timely identification of outstanding revenue owed and/or losses is essential element in accurately measuring the value of the City’s assets.
6. Business Licenses:
The exception to the section above is business licenses that are past due, they will be charged a penalty of 10% per month up to a maximum of 40% of the license tax. Any business license not paid by the fifth (5th) month will be sent to the collection agency. These billings are not normally written off, as they pertain to future dates, type of business and on a variable tax structure. If a customer notifies the City or the collection agency, that they are no longer conducting business within the city, the date of the closure will be compared to the license period of the billing. If the date of the closure falls within the license period, they will still be obligated to pay for the business license tax. If the date of closure is prior to the business license period, then the account will be closed, and no further action will be taken.
7. Customer Statements:
Customers have 30 days from the statement date to ensure timely payment with no late fees assessed, unless a date is specified differently in an individual contract.
1st Overdue Notice : over 30 days; notice statement, late fees, penalties and/or interest assessed.
2nd Overdue Notice: 60-90 days; late notice statement; added fees, penalties, interest
Collection and/or Legal Notice: 90 days and over. Submit an account to Collection Agency for revenue collection or Legal Department to initiate legal proceedings.
8. Late Fees/Interest/Penalties:
Customers with delinquent accounts more than 30 days past the due date, will be assessed 10% interest per annum until paid. There are several exceptions to this per the Municipal Code.
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ACCOUNTS RECEIVABLE AND UNCOLLECTABLE DEBT POLICY
Business licenses that are past due, they will be charged a penalty of 10% per month up to a maximum of 40% of the license tax.
Administrative Citations, Fines and Hearing Procedures fees past due will be assessed 15% fine, plus interest accrued at a rate of 1.5% per month until paid.
Transient Occupancy Tax. Any operator who does not remit any tax imposed by this chapter within the time required shall pay a penalty of 10% of the delinquent amount. If not paid within 30 days, an added 10% delinquency will be assessed. A 1.5% interest is applied to all delinquent amounts until paid.
Property Nuisance. Any person who fails to remit payment to the City of any penalty or cost or other charge required to be paid by the City pursuant to a Compliance Order or Nuisance Abatement Order under this chapter on or before the date the penalty, cost or other charge is due, shall in addition to the amount of the penalty, cost or other charge, pay interest on the a mount due at the rate of 10% per annum, pro -rata, from the date on which the amount due first became delinquent until the date that payment is received by the City.
9. Collection Agencies:
A collection agency is a third -party organization engaged by the Cit y for the collection of overdue accounts. Per applicable City policies, a ccounts are transferred to the contracted collection agency. This agency utilizes various collection techniques and tools to locate debtors to facilitate the collection of funds on behalf of the City.
The collection agency shall report back to the City on the status of collection efforts and remit the recovered funds, less their fee, usually a percentage of the amount collected. Should the collection agency be unable to recover the d ebt after exhausting all of the ir collection efforts, they will inform the City that the debt is uncollectable and the City may need to write-off the debt.
Accounts that past due and have a balance of $5.00 or less are excluded from the process as they are deemed as cost inefficient.
10. Allowance for Doubtful Accounts:
To ensure correct financial reporting and prudent fiscal management, the City will establish and maintain an Allowance for Doubtful Accounts. This allowance accounts for potential uncollectible receivables, providing a realistic estimate of
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ACCOUNTS RECEIVABLE AND UNCOLLECTABLE DEBT POLICY
collectible revenues. The Finance Department will review and adjust this allowance annually based on historical collection data and current economic conditions. This practice aligns with generall y accepted accounting principles (GAAP) and supports transparent and accountable public financial management by acknowledging potential revenue shortfalls due to uncollectible debts.
The calculation for Allowance for Doubtful Accounts is based in part on the aging of customer accounts. Outstanding receivables will be reviewed by funds and department and the following percentages will be applied to determine the allowance amount:
Accounts Receivable Ageing Percentage
30 – 59 Days 25%
60 - 89 Days 50%
90 Days and Older 100%
In addition, customer accounts may be specifically identified as Doubtful Accounts and will be 100% allowed when one of the following occurs:
Recovery is predicted to be minimal, based on management’s knowledge,
The account has been transferred to a Collection Agency, The City has received notice of bankruptcy from a Trustee in Bankruptcy,
Litigation has or is anticipated to commence.
The exception will be for a receivable thought collectible by the department even though greater 120 days delinquent.
11. Designation of an Account as Uncollectible/Bad Debt:
Accounts thought uncollectable will be written off as bad debt after all reasonable collection efforts have been exhausted and wit h the appropriate approvals. Bad debt is recognized as an expense and reflects the part of receivables that cannot be collected. For any Account Receivable that is 120 days or more past its due date, the Finance Department or originating Department Staff will complete the Accounts Re ceivable Write -Off Authorization. The Department Director and the Finance Director must sign the authorization. Approval from the City Manager and/or City Council approval is needed based on specified thresholds.
The authorization should include:
The amount of the debt
The name of the debtor
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CITY OF SANTA MARIA
ACCOUNTS RECEIVABLE AND UNCOLLECTABLE DEBT POLICY
The reason for the write-off
Whether the debt should be sent to outside collections
The requests must be accompanied by documentation to substantiate that collections procedures have been followed, and departments have exercised due diligence in their collections’ efforts.
An account may be considered uncollectible after the proper collection procedures have been followed if it meets one or more of the following criteria:
The debt is disputed and the City has insufficient documentation to pursue collection efforts;
The balance has been deemed uncollectable by a Collection Agency;
The invoice requires voiding or adjusting due to an error made by the City;
The cost of further collection efforts will exceed the estimated recovery amount;
The account remains unpaid after the lesser of four years or the applicable period for commencement of a recovery action per California state law;
The debtor cannot be located, nor any of the debtor’s assets; The debtor has no assets and there is no expectation they will have any in the future;
The debtor has died and there is no known estate or guarantor; The debt is discharged through legal action (bankruptcy or court judgment);
The debt has been forgiven by action of the City Council.
12. Write-Off Thresholds:
Uncollectible receivables will be written off in the manner stated below:
Write-off Authority:
Director of Finance may approve of the write -off transactions up to $15,000
City Manager may approve write-off transactions over $ 15,000 up to $50,000
City Council authorization required for transactions over $50,000
ATTACHMENT
B
CITY OF SANTA MARIA
ACCOUNTS RECEIVABLE AND UNCOLLECTABLE DEBT POLICY
It is the responsibility of the Finance Department to provide the City Manager and/or the City Council with an aging report as needed, identifying all outstanding receivable with a value of $ 15,000 or more per transaction determined to be delinquent or uncollectible, including the basis for collection and the actions taken.
• A write-off of uncollectible accounts receivable from the City’s accounting records does not constitute forgiveness of the debt or gift of public funds.
13. Accounting Entries:
Accounts receivable
Account Debit Credit
Accounts Receivable XXX.XX
Revenue XXX.XX
Payment (Cash Receipt)
Account Debit Credit
Cash XXX.XX
Accounts Receivable XXX.XX
Credit Issued to Customer
Account Debit Credit
Revenue XXX.XX
Accounts Receivable XXX.XX
Allowance for Doubtful Accounts
Account Debit Credit
Bad Debt XXX.XX
Allowance for Doubtful Accounts XXX.XX
Writing off Bad Debt from Allowance of Doubtful Accounts
Account Debit Credit
Allowance for Doubtful Accounts XXX.XX
Accounts Receivable XXX.XX
Payment Received on an account that was written off to the Allowance for Doubtful Accounts
ATTACHMENT
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ACCOUNTS RECEIVABLE AND UNCOLLECTABLE DEBT POLICY
Account Debit Credit
Accounts Receivable XXX.XX
Allowance for Doubtful Accounts XXX.XX
Account Debit Credit
Cash XXX.XX
Accounts Receivable XXX.XX
COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: Brett Fulgoni, Director of Public Works
DATE: April 15, 2025
SUBJECT: Adoption of Resolutions Approving Professional Services Agreements for On -Call Environmental Planning And Permitting Services
Description:
The City Council will consider approving the award of On -Call Environmental Planning and Permitting Services to five consultants: 1) Kevin Merk Associates, LLC.; 2) Rincon Consultants Inc.; 3) CSG Consultants Inc.; 4) EMC Planning Group Inc.; and 5) Nichols Consulting Engineers.
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
RECOMMENDATIONS:
1. Adopt a Resolution awarding a Professional Services Agreement for On -Call Environmental Planning and Permitting Services to Kevin Merk Associates, LLC.; and
2. Adopt a Resolution awarding a Professional Services Agreement for On -Call Environmental Planning and Permitting Services to Rincon Consultants Inc.; and
3. Adopt a Resolution awarding a Professional Services Agreement for On -Call Environmental Planning and Permitting Services to CSG Consultants Inc.; and
4. Adopt a Resolution awarding a Professional Services Agreement for On -Call Environmental Planning and Permitting Services to EMC Planning Group Inc.; and
5. Adopt a Resolution awarding a Professional Services Agreeme nt for On -Call Environmental Planning and Permitting Services to Nichols Consulting Engineers.
BACKGROUND:
The City owns, operates, and maintains municipal infrastructure, structures, and facilities throughout the City. The City has active and pending projects that require planning and permitting assistance from Environmental Consultants. While the City employs Civil Engineers and Planners on staff, these buildings and facilities require professional engineering beyond the capabilities and purview of t he existing staff and their normal workloads; therefore, necessitating the hiring of outside consultants for such services. 2 Having on-call consultants who can provide these services will allow the City to deliver projects in a timely manner.
DISCUSSION:
On February 24, 2025, a Request for Proposal was issued and advertised through the City website. In addition, notification emails were sent to firms that expressed interest in providing Environmental Planning and Permitting Services to the City.
Selection of the best-qualified firms was made in accordance with the City’s Purchasing Guidelines. Seven proposals were received on March 24, 2025. A selection committee, consisting of Engineering Division staff, independently evaluated and ranked the proposals. After deliberations, the top five ranked firms chosen are as follows:
Firm and Location
Kevin Merk Associates, LLC, San Luis Obispo, CA
Rincon Consultants, Inc., Santa Barbara, CA
CSG Consultants, Inc., Paso Robles, CA
EMC Planning Group, Monterey, CA
Nichols Consulting Engineers, Anaheim, CA
Alternative(s)
City Council could decide not to award these Environmental Planning and Permitting Services Agreements and direct staff to issue Requests for Proposals for each project individually. However, this alternative is not recommended as there is a significant backlog of funded projects for wh ich outside Environmental Planning and Permitting Services are required to augment City staff. Further, having pre -approved, on-call, as- needed firms readily available will allow for more efficient and timely delivery of projects, as multiple projects can be designed concurrently.
Fiscal Considerations
Fees for Environmental Planning and Permitting Services will be based on a project -by- project basis and directly charged to individual project budgets. Each project is separately approved and budgeted by the City Council. The City is under no obligation to expend any funds under these Professional Services Agreements.
3 Impact to the Community
The additional use of Environmental Consultants will have a beneficial impact on the community by allowing the prep aration of plans to be planned and designed in accordance with residents’ desires, while also complying with local, state, and federal statutes.
ATTACHMENT(S)
A. Resolution - Kevin Merk Associates, LLC
B. Resolution - Rincon Consultants Inc.
C. Resolution - CSG Consultants, Inc.
D. Resolution - EMC Planning Group
E. Resolution - Nichols Consulting Engineers
F. Agreement - Kevin Merk Associates, LLC
G. Agreement - Rincon Consultants Inc.
H. Agreement - CSG Consultants, Inc.
I. Agreement - EMC Planning Group, Inc.
J. Agreement - Nichols Consulting Engineers
Attachment A
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MARIA, CALIFORNIA,
AWARDING A PROFESSIONAL SERVICES
AGREEMENT FOR ON-CALL ENVIRONMENTAL
PLANNING AND PERMITTING SERVICES TO
KEVIN MERK ASSOCIATES, LLC
WHEREAS, the need exists for the City to obtain prompt professional Environmental Planning and Permitting Services to support municipal improvement projects; and
WHEREAS, on February 24, 2025, the City issued a Request for Proposal (RFP) for On-Call Environmental Planning and Permitting Services for projects within the City and notified firms that specialize in this work, including those firms who had expressed interest, as well as those who had previously completed work for the City; and
WHEREAS, on March 24, 2025, the City received seven proposals from firms that perform this work; and
WHEREAS, staff formed a selection committee to independently review and score each firm’s proposal based on specific criteria in the RFP; and
WHEREAS, following deliberations, the selection committee determined that Kevin Merk Associates, LLC satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed On-Call Environmental Planning and Permitting Services; and
WHEREAS, the firm will provide services on an on-call, as-needed, project-specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and
WHEREAS, the City determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
SECTION 1. A Professional Services Agreement for On-Call Environmental Planning and Permitting Services is awarded to Kevin Merk Associates, LLC for a term
2 that ends on June 30, 2026, at 11:59 p.m. with an annual fee not to exceed $1,000,000; and
SECTION 2. The City Manager, or designee, is authorized to execute the Professional Services Agreement upon receipt of information required by the Request for Proposal; and
SECTION 3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 15th day of April 2025.
ATTEST:
Chief Deputy City Clerk
Mayor
APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager
Attachment B
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MARIA, CALIFORNIA, AWARDING A PROFESSIONAL SERVICES
AGREEMENT FOR ON-CALL ENVIRONMENTAL PLANNING AND PERMITTING SERVICES TO RINCON CONSULTANTS, INC.
WHEREAS, the need exists for the City to obtain prompt professional Environmental Planning and Permitting Services to support municipal improvement projects; and
WHEREAS, on February 24, 2025, the City issued a Request for Proposal (RFP) for On-Call Environmental Planning and Permitting Services for projects within the City and notified firms that specialize in this work, including those firms who had expressed interest, as well as those who had previously completed work for the City; and
WHEREAS, on March 24, 2025, the City received seven proposals from firms that perform this work; and
WHEREAS, staff formed a selection committee to independently review and score each firm’s proposal based on specific criteria in the RFP; and
WHEREAS, following deliberations, the selection committee determined that Rincon Consultants, Inc. satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed On-Call Environmental Planning and Permitting Services; and
WHEREAS, the firm will provide services on an on-call, as-needed, project-specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and
WHEREAS, the City determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
1. That a Professional Services Agreement for On-Call Environmental Planning and Permitting Services is awarded to Rincon Consultants, Inc. for a term that ends on June 30, 2026, at 11:59 pm with an annual fee not to exceed $1,000,000; and
2 2. That the City Manager, or designee, is authorized to execute the Professional Services Agreement upon receipt of information required by the Request for Proposal (RFP).
3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 15th day of April 2025.
ATTEST:
Chief Deputy City Clerk
Mayor
APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager
Attachment C
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MARIA, CALIFORNIA,
AWARDING A PROFESSIONAL SERVICES AGREEMENT
FOR ON-CALL ENVIRONMENTAL PLANNING AND
PERMITTING SERVICES TO CSG CONSULTANTS
WHEREAS, the need exists for the City to obtain prompt professional Environmental Planning and Permitting Services to support municipal improvement projects; and
WHEREAS, on February 24, 2025, the City issued a Request for Proposal (RFP) for On-Call Environmental Planning and Permitting Services for projects within the City and notified firms that specialize in this work, including those firms who had expressed interest, as well as those who had previously completed work for the City; and
WHEREAS, on March 24, 2025, the City received seven proposals from firms that perform this work; and
WHEREAS, staff formed a selection committee to independently review and score each firm’s proposal based on specific criteria in the RFP; and
WHEREAS, following deliberations, the selection committee determined that CSG Consultants satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed On-Call Environmental Planning and Permitting Services; and
WHEREAS, the firm will provide services on an on-call, as-needed, project-specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and
WHEREAS, the City determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
SECTION 1. A Professional Services Agreement for On-Call Environmental Planning and Permitting Services is awarded to CSG Consultants, Inc. for a term that ends on June 30, 2026, at 11:59 p.m. with an annual fee not to exceed $1,000,000; and
2 SECTION 2. The City Manager, or designee, is authorized to execute the Professional Services Agreement upon receipt of information required by the Request for Proposal; and
SECTION 3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 15th day of April 2025.
ATTEST:
Chief Deputy City Clerk
Mayor
APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager
Attachment D
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MARIA, CALIFORNIA,
AWARDING A PROFESSIONAL SERVICES
AGREEMENT FOR ON-CALL ENVIRONMENTAL
PLANNING AND PERMITTING SERVICES
TO EMC PLANNING GROUP, INC.
WHEREAS, the need exists for the City to obtain prompt professional Environmental Planning and Permitting Services to support municipal improvement projects; and
WHEREAS, on February 24, 2025, the City issued a Request for Proposal (RFP) for On-Call Environmental Planning and Permitting Services for projects within the City and notified firms that specialize in this work, including those firms who had expressed interest, as well as those who had previously completed work for the City; and
WHEREAS, on March 24, 2025, the City received seven proposals from firms that perform this work; and
WHEREAS, staff formed a selection committee to independently review and score each firm’s proposal based on specific criteria in the RFP; and
WHEREAS, following deliberations, the selection committee determined that EMC Planning Group, Inc. satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed On-Call Environmental Planning and Permitting Services; and
WHEREAS, the firm will provide services on an on-call, as-needed, project-specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and
WHEREAS, the City determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
2 SECTION 1 . A Professional Services Agreement for On-Call Environmental Planning and Permitting Services is awarded to EMC Planning Group, Inc. for a term that ends on June 30, 2026, at 11:59 pm with an annual fee not to exceed $1,000,000; and
SECTION 2. The City Manager, or designee, is authorized to execute the Professional Services Agreement upon receipt of information required by the Request for Proposal; and
SECTION 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 Cle rk 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 15th day of April 2025.
ATTEST:
Chief Deputy City Clerk
Mayor
APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager
Attachment E
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MARIA, CALIFORNIA,
AWARDING A PROFESSIONAL SERVICES AGREEMENT
FOR ON-CALL ENVIRONMENTAL PLANNING AND
PERMITTING SERVICES TO NICHOLS CONSULTING ENGINEERS
WHEREAS, the need exists for the City to obtain prompt professional Environmental Planning and Permitting Services to support municipal improvement projects; and
WHEREAS, on February 24, 2025, the City issued a Request for Proposal (RFP) for On-Call Environmental Planning and Permitting Services for projects within the City and notified firms that specialize in this work, including those firms who had expressed interest, as well as those who had previously completed work for the City; and
WHEREAS, on March 24, 2025, the City received seven proposals from firms that perform this work; and
WHEREAS, staff formed a selection committee to independently review and score each firm’s proposal based on specific criteria in the RFP; and
WHEREAS, following deliberations, the selection committee determined that Nichols Consulting Engineers satisfied the requirements of the RFP and was deemed a qualified firm to provide the needed On-Call Environmental Planning and Permitting Services; and
WHEREAS, the firm will provide services on an on-call, as-needed, project-specific basis as defined by the City, and all task orders will have a defined scope, schedule, and fee arrangement that will be negotiated based on the hourly rate schedule included in the agreement; and
WHEREAS, the City determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
SECTION 1. A Professional Services Agreement for On-Call Environmental Planning and Permitting Services is awarded to Nichols Consulting Engineers for a term
2 that ends on June 30, 2026, at 11:59 p.m. with an annual fee not to exceed $1,000,000; and
SECTION 2. The City Manager, or designee, is authorized to execute the Professional Services Agreement upon receipt of information required by the Request for Proposal; and
SECTION 3. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 15th day of April 2025.
ATTEST:
Chief Deputy City Clerk
Mayor
APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager
Attachment F
AGREEMENT FOR PROFESSIONAL SERVICES
On-Call Consultant Services
This Agreement is made on April 15, 2025, by and between, Kevin Merk Associates, LLC a California Corporation (“Consultant”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:
WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and
WHEREAS, City does not have available employees to perform the services for the Project; and
WHEREAS, City has requested the Consultant to provide manpower to complete the Project; and
WHEREAS, Consultant is registered or licensed in California to perform desired services for the Project.
NOW, THEREFORE, IT IS AGREED:
1. Recitals true. The above recitals are true.
2. General.
2.1 Term and Termination. The term of this contract is until 11:59 p.m. on June 30, 202 6, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.
2.2 Services to be Performed. Consultant shall determine the method, details and means of providing on -call consultant services. More specifically, Consultant agrees to perform the specific services listed in Exhibit “A.”
2.3 City’s Duties. City’s dut ies under this Agreement are to cooperate with Consultant in the performance of the contract and timely pay invoices.
2.4 Payment. Payment terms under this Agreement are listed in Exhibit “B.”
2.5 Insurance. Consultant shall provide insurance as listed in Exhibit “C.”
2.6 Exhibits. Exhibits “A,” “B,” and “C” are attached and incorporated.
Attachment F
3. Consultant’s Obligations.
3.1 Minimum Amount of Service. Consultant shall devote sufficient time to perform services under this agreement efficiently and effectively. Consultant may represent, perform services for and be employed by additional individuals or entities, in Consultant’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.
3.2 Tools and Equipment. Except as otherwise stated in this Agreement, Consultant will supply all tools and equipment necessary to perf orm this Agreement.
3.3 Status. Consultant (including its employees) is an independent Consultant.
No employer/employee relationship exists between Consultant and the City.
Consultant's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Consultant under this agreement.
3.4 Indemnification. To the fullest extent permitted by law, the Consultant shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investig ation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Consultant or the acts or omissions of an employee, agent or subconsultant of the Consultant. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.
4. Miscellaneous
4.1 Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONSULTANT, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
To City: To Consultant:
David Beas, P.E. Kevin Merk Associates, LLC
Principal Civil Engineer Attn: Kevin Merk
110 East Cook Street P.O. Box 318
Santa Maria, CA 93454 San Luis Obispo, CA 93406
Attachment F
If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.
4.2 Compliance With Laws, etc. Consultant shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.
4.3 Integration. This agreement constitutes the ent ire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.
4.4 Interpretation. This agreement s hall be interpreted in accordance with the laws of the State of California.
4.5 Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Santa Barbara, State of California.
4.6 Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.
4.7 No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.
4.8 Severability. The provisions of this agreement are seve rable. If any part of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
4.9 Submittals. In addition to any other submittals required by this agreement, Consultant shall submit copies of its current business license and current certificate of workers compensation coverage to the City before beginning work on this project.
Attachment F
4.10 Prevailing Wage. Prevailing Wage. If applicable, Consultant and all subconsultants are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. o f the California Labor Code. The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined and specified are referred to and made a part hereof as though fully set forth herein.
IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.
KEVIN MERK ASSOCIATES, LLC.
___________________________
Kevin Merk
Principal Biologist
CITY OF SANTA MARIA, a political
subdivision of the State of California
Brett Fulgoni
Public Works Director
ATTEST:
Donna G. Schwartz, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:
_______________________________
Risk Manager
_______________________________
City Attorney
Attachment F
EXHIBIT “A”
SCOPE OF SERVICES
The following tasks may be performed with their own forces or using sub-consultants identified in consultant’s proposal. Tasks may include, but are not limited, to the following:
CEQA/NEPA Compliance
Consultants may be asked to prepare objective, technically compliant, legally defensible, and clearly written environmental documents to enable approval and implementation of both public and private projects. The following is a list of typical CEQA documents: Environmental Impact Reports (ElRs), Initial Studies/Mitigated Negative Declarations (IS/MNDs), Mitigation Monitoring and Reporting Program (MMRPs), and CEQA findings, and NEPA documents, such as Environmental Impact Statements (EISs), Environmental Assessments (EAs), Record of Decision (ROD) and Finding of No Significant Impact (FONSI) decision documents, and Preliminary EA Reports.
In summary, task may include, but not limited to any of the following:
• Categorical Exclusions
• Public involvement and outreach
• Assistance with Staff reports
• Attending Planning Commission and City Council meetings • Conducting Collaborative planning meetings
• Creating Land use and recreation plans
• Preparing Implementation plans
• Third-party technical reviews
• Siting and feasibility studies
• MMRP mitigation monitoring
Archaeology Resources
Archaeology services task may include literature searches, reconnaissance studies, intensive surveys, preservation and treatment plans, memoranda of agreement, archaeological site testing/evaluations, full-scale excavation for data recovery, construction monitoring, impact mitigation management, and site preservation.
In summary, task may include, but not limited to any of the following:
• Archaeological surveys, excavation, testing and data recovery. • Native American consultation
• Native American Graves Protection and Repatriation Act compliance • Assembly Bill (AB) 52 and Senate Bill18 consultation
Attachment F
Architectural History
Selected firms will be expected to have access to resources to provide architectural history services including archival research; resource surveys of historic buildings; developing historical overviews, preservation plans, and interpretive plans; National Register of Historic Places (NRHP) and California Register of Historical Resources (CRHR) documentation and nominations; and preparation of Historic American Buildings Survey (HABS) documentation.
In summary, task may include, but not limited to any of the following:
• Historic resource surveys and evaluations
• National Historic Preservation Act (NHPA) Sections 106 and 110 compliances • Historic preservation ordinances
• State Historic Preservation Officer and local government coordination
Biological Resources
Biological services may require the expertise from scientists, planners, restoration ecologists, and arborists. Services may include conducting siting, alternatives, and constraints analyses; recording and documenting pre-project existing biological conditions; and developing and implementing specialized studies, mitigation and monitoring plans, and environmental compliance programs for a wide range of project types.
In summary, task may include, but not limited to any of the following:
• Biological assessments and evaluations
• Wetland delineations
• Mitigation plans and implementation
• Mitigation monitoring
• Endangered species surveys
• Federal Endangered Species Act (FESA) Section 7 consultations and Section 10(a) permits
• Avian and bat services, including morbidity/mortality studies, breeding bird/nesting surveys
• Restoration ecology
Regulatory Permitting
Consultants’ tasks may include coordinating with federal and state regulatory agencies to ensure compliance and consistency with federal and state environmental requirements. Potential consultants are expected to have a working relationship with local U.S. Fish and Wildlife Service (USFWS), U.S. Army Corps of Engineers (USAGE), California Department of Fish and Wildlife (CDFW), and Regional Water Quality Control Board (RWQCB) staffers and experience with FESA Section 7 formal and informal consultations, and FESA Section 10 Habitat Conservation Plan (HCP) preparation.
In addition, it is highly desirable that the potential consultants have access to biologists holding federal species permits and are regularly approved to survey for and relocate federally listed species, such as California red-legged frog, steelhead trout, and Attachment F
California tiger salamander under Biological Opinions prepared by USFWS. Task may include conducting the necessary biological and wetland analyses and prepare CWA Section 404 Nationwide Permit, CWA Section 401 Water Quality Certification, and California Fish and Game Code Section 1602 Streambed Alteration Agreement permit application packages.
In summary, task may include, but not limited to any of the following:
• FESA Section 7 and Section 10 Consultations
• Biological Assessments in Support of Biological Opinions • NEPA Document Endangered Species Impact Analysis
• HCP Preparation and Compliance
• CWA Section 404 Nationwide Permit
• CWA Section 401 Water Quality Certification
California Fish and Game Code Section 1602 Streambed Alteration Agreement
Attachment F
EXHIBIT “B”
PAYMENT
I. Progress Authorization
This contract is subject to the requirements of Page G -9 of the Purchasing Guidelines for the City of Santa Maria.
Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.
During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.
The aggregate not-to-exceed fee for all tasks provided during the initial two -year term of the Agreement shall be $300,000.
II. Invoice procedure.
A. Payment shall be at the conclusion of the Project based on the billable charges.
B. The Consultant shall present the bill for charges by the second day of the month.
C. The Consultant's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subconsultants, and other direct costs incurred.
III. Maximum billable amounts
Under no circumstance shall the total of all payments to the Consultant exceed ninety percent (90%) of the maximum not-to-exceed cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A".
Attachment F
Attachment F
EXHIBIT “C”
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his/her agents, representatives, or employees. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.
2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.
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 F
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shal l 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 occurren ce or claim, $2,000,000 aggregate.
C. Self-insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.
D. Other Insurance 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 Consultant including materials, parts or equipment furnished in connection with such work or
Attachment F
operations. General liability coverage can be provided in the form or an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, official s, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. Each insurance policy required by th is clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this
Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.
4. Consultant hereby grants to City a waiver of any ri ght to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any
endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation
endorsement from the insurer.
5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be
before the d ate of the contract or the beginning of
contract work.
b. Insurance must be maintained and evidence of
insurance must be provided for at least five (5) years
after completion of the contract of work.
c. If coverage is canceled or non -renewed, and not
replaced with another claims -made policy form with a
Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting”
Attachment F
coverage for a minimum of five (5) years after
completion of work.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
F. Verification of Coverage
Consultant shall furnish the C ity with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
G. Special Risks or Circumstances
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Attachment G
AGREEMENT FOR PROFESSIONAL SERVICES
On-Call Consultant Services
This Agreement is made on April 15, 2025, by and between, Rincon Consultants, Inc. a California Corporation (“Consultant”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:
WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and
WHEREAS, City does not have available employees to perform the services for the Project; and
WHEREAS, City has requested the Consultant to provide manpower to complete the Project; and
WHEREAS, Consultant is registered or licensed in California to perform desired services for the Project.
NOW, THEREFORE, IT IS AGREED:
1. Recitals true. The above recitals are true.
2. General.
2.1 Term and Termination. The term of this contract is until 11:59 p.m. on June 30, 202 6, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.
2.2 Services to be Performed. Consultant shall determine the method, details and means of providing on -call consultant services. More specifically, Consultant agrees to perform the specific services listed in Exhibit “A.”
2.3 City’s Duties. City’s dut ies under this Agreement are to cooperate with Consultant in the performance of the contract and timely pay invoices.
2.4 Payment. Payment terms under this Agreement are listed in Exhibit “B.”
2.5 Insurance. Consultant shall provide insurance as listed in Exhibit “C.”
2.6 Exhibits. Exhibits “A,” “B,” and “C” are attached and incorporated.
Attachment G
3. Consultant’s Obligations.
3.1 Minimum Amount of Service. Consultant shall devote sufficient time to perform services under this agreement efficiently and effectively. Consultant may represent, perform services for and be employed by additional individuals or entities, in Consultant’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.
3.2 Tools and Equipment. Except as otherwise stated in this Agreement, Consultant will supply all tools and equipment necessary to perf orm this Agreement.
3.3 Status. Consultant (including its employees) is an independent Consultant.
No employer/employee relationship exists between Consultant and the City.
Consultant's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Consultant under this agreement.
3.4 Indemnification. To the fullest extent permitted by law, the Consultant shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investig ation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Consultant or the acts or omissions of an employee, agent or subconsultant of the Consultant. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.
4. Miscellaneous
4.1 Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONSULTANT, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
To City: To Consultant:
David Beas, P.E. Rincon Consultants, Inc.
Principal Civil Engineer Attn: Eric VonBerg
110 East Cook Street 319 East Carrillo Street, Ste. 105 Santa Maria, CA 93454 Santa Barbara, CA 93101
Attachment G
If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to th e other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.
4.2 Compliance With Laws, etc. Consultant shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.
4.3 Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.
4.4 Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.
4.5 Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Santa Barbara, State of California.
4.6 Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.
4.7 No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.
4.8 Severability. The provisions of this agreement are severable. If any part of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
4.9 Submittals. In addition to any other submittals required by this agreement, Consultant shall submit copies of its current business license and current certificate of workers compensation coverage to the City before beginning work on this project.
Attachment G
4.10 Prevailing Wage. Prevailing Wage. If applicable, Consultant and all subconsultants are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined and specified are referred to and made a part hereof as though fully set forth herein.
IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.
RINCON CONSULTANTS, INC.
___________________________
John Dreher
President/CEO
CITY OF SANTA MARIA, a political
subdivision of the State of California
Brett Fulgoni
Public Works Director
ATTEST:
Donna G. Schwartz, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:
_______________________________
Risk Manager
_______________________________
City Attorney
Attachment G
EXHIBIT “A”
SCOPE OF SERVICES
The following tasks may be performed with their own forces or using sub-consultants identified in consultant’s proposal. Tasks may include, but are not limited, to the following:
CEQA/NEPA Compliance
Consultants may be asked to prepare objective, technically compliant, legally defensible, and clearly written environmental documents to enable approval and implementation of both public and private projects. The following is a list of typical CEQA documents: Environmental Impact Reports (ElRs), Initial Studies/Mitigated Negative Declarations (IS/MNDs), Mitigation Monitoring and Reporting Program (MMRPs), and CEQA findings, and NEPA documents, such as Environmental Impact Statements (EISs), Environmental Assessments (EAs), Record of Decision (ROD) and Finding of No Significant Impact (FONSI) decision documents, and Preliminary EA Reports.
In summary, task may include, but not limited to any of the following:
• Categorical Exclusions
• Public involvement and outreach
• Assistance with Staff reports
• Attending Planning Commission and City Council meetings • Conducting Collaborative planning meetings
• Creating Land use and recreation plans
• Preparing Implementation plans
• Third-party technical reviews
• Siting and feasibility studies
• MMRP mitigation monitoring
Archaeology Resources
Archaeology services task may include literature searches, reconnaissance studies, intensive surveys, preservation and treatment plans, memoranda of agreement, archaeological site testing/evaluations, full-scale excavation for data recovery, construction monitoring, impact mitigation management, and site preservation.
In summary, task may include, but not limited to any of the following:
• Archaeological surveys, excavation, testing and data recovery. • Native American consultation
• Native American Graves Protection and Repatriation Act compliance • Assembly Bill (AB) 52 and Senate Bill18 consultation
Attachment G
Architectural History
Selected firms will be expected to have access to resources to provide architectural history services including archival research; resource surveys of historic buildings; developing historical overviews, preservation plans, and interpretive plans; National Register of Historic Places (NRHP) and California Register of Historical Resources (CRHR) documentation and nominations; and preparation of Historic American Buildings Survey (HABS) documentation.
In summary, task may include, but not limited to any of the following:
• Historic resource surveys and evaluations
• National Historic Preservation Act (NHPA) Sections 106 and 110 compliances • Historic preservation ordinances
• State Historic Preservation Officer and local government coordination
Biological Resources
Biological services may require the expertise from scientists, planners, restoration ecologists, and arborists. Services may include conducting siting, alternatives, and constraints analyses; recording and documenting pre-project existing biological conditions; and developing and implementing specialized studies, mitigation and monitoring plans, and environmental compliance programs for a wide range of project types.
In summary, task may include, but not limited to any of the following:
• Biological assessments and evaluations
• Wetland delineations
• Mitigation plans and implementation
• Mitigation monitoring
• Endangered species surveys
• Federal Endangered Species Act (FESA) Section 7 consultations and Section 10(a) permits
• Avian and bat services, including morbidity/mortality studies, breeding bird/nesting surveys
• Restoration ecology
Regulatory Permitting
Consultants’ tasks may include coordinating with federal and state regulatory agencies to ensure compliance and consistency with federal and state environmental requirements. Potential consultants are expected to have a working relationship with local U.S. Fish and Wildlife Service (USFWS), U.S. Army Corps of Engineers (USAGE), California Department of Fish and Wildlife (CDFW), and Regional Water Quality Control Board (RWQCB) staffers and experience with FESA Section 7 formal and informal consultations, and FESA Section 10 Habitat Conservation Plan (HCP) preparation.
In addition, it is highly desirable that the potential consultants have access to biologists holding federal species permits and are regularly approved to survey for and relocate federally listed species, such as California red-legged frog, steelhead trout, and Attachment G
California tiger salamander under Biological Opinions prepared by USFWS. Task may include conducting the necessary biological and wetland analyses and prepare CWA Section 404 Nationwide Permit, CWA Section 401 Water Quality Certification, and California Fish and Game Code Section 1602 Streambed Alteration Agreement permit application packages.
In summary, task may include, but not limited to any of the following:
• FESA Section 7 and Section 10 Consultations
• Biological Assessments in Support of Biological Opinions • NEPA Document Endangered Species Impact Analysis
• HCP Preparation and Compliance
• CWA Section 404 Nationwide Permit
• CWA Section 401 Water Quality Certification
California Fish and Game Code Section 1602 Streambed Alteration Agreement
Attachment G
EXHIBIT “B”
PAYMENT
I. Progress Authorization
This contract is subject to the requirements of Page G -9 of the Purchasing Guidelines for the City of Santa Maria.
Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.
During the duration of this Master Agreement the City will identif y individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.
The aggregate not-to-exceed fee for all tasks provided during the initial two-year term of the Agreement shall be $300,000.
II. Invoice procedure.
A. Payment shall be at the conclusion of the Project based on the billable charges.
B. The Consultant shall present the bill for charges by the second day of the month.
C. The Consultant's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subconsultants, and other direct costs incurred.
III. Maximum billable amounts
Under no circumstance shall the total of all payments to the Consultant exceed ninety percent (90%) of the maximum not-to-exceed cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A".
Attachment G
Attachment G
Attachment G
EXHIBIT “C”
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his/her agents, representatives, or emplo yees. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.
2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.
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 infringe ment 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 G
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: Statutory limits.
4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.
6. Cyber Liability - $2,000,000 per occurrence or claim, $2,000,000 aggregate.
C. Self-insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.
D. Other Insurance 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 Consultant including materials, parts or equipment furnished in connection with such wor k or
Attachment G
operations. General liability coverage can be provided in the form or an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this
Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.
4. Consultant here by grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any
endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation
endorsement from the insurer.
5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date mus t 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 ca nceled or non -renewed, and not
replaced with another claims -made policy form with a
Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting”
Attachment G
coverage for a minimum of five (5) years after
completion of work.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
F. Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
G. Special Risks or Circumstances
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experienc e, insurer, coverage, or other special circumstances.
Attachment H
AGREEMENT FOR PROFESSIONAL SERVICES
On-Call Consultant Services
This Agreement is made on April 15, 2025, by and between, a CSG Consultants Inc.
California Corporation (“Consultant”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:
WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and
WHEREAS, City does not have available employees to perform the services for the Project; and
WHEREAS, City has requested the Consultant to provide manpower to complete the Project; and
WHEREAS, Consultant is registered or licensed in California to perform desired services for the Project.
NOW, THEREFORE, IT IS AGREED:
1. Recitals true. The above recitals are true.
2. General.
2.1 Term and Termination. The term of this contract is until 11:59 p.m. on June 30, 202 6, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.
2.2 Services to be Performed. Consultant shall determine the method, details and means of providing on -call consultant services. More specifically, Consultant agrees to perform the specific services listed in Exhibit “A.”
2.3 City’s Duties. City’s duties under this Agreement are to cooperate with Consultant in the performance of the contract and timely pay invoices.
2.4 Payment. Payment terms under this Agreement are listed in Exhibit “B.”
2.5 Insurance. Consultant shall provide insurance as listed in Exhibit “C.”
2.6 Exhibits. Exhibits “A,” “B,” and “C” are attached and incorporated.
Attachment H
3. Consultant’s Obligations.
3.1 Minimum Amount of Service. Consultant shall devote sufficient time to perform services under this agreement efficiently and effectively. Consultant may represent, perform services for and be employed by additional individuals or entities, in Consultant’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.
3.2 Tools and Equipment. Except as otherwise stated in this Agreement, Consultant will supply all tools and equipment necessary to perform this Agreement.
3.3 Status. Consultant (including its employees) is an independent Consultant.
No employer/employee relationship exists between Consultant and the City.
Consultant's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Consultant under this agreement.
3.4 Indemnification. To the fullest extent permitted by law, the Consultant shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investigation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful miscon duct of the Consultant or the acts or omissions of an employee, agent or subconsultant of the Consultant. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limit ed by the provisions of the Section relating to insurance.
4. Miscellaneous
4.1 Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONSULTANT, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
To City: To Consultant:
David Beas, P.E. CSG Consultants, Inc.
Principal Civil Engineer Attn: Cyrus Kianpour
110 East Cook Street 550 Pilgrim Drive
Santa Maria, CA 93454 Foster City, CA 94404
Attachment H
If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.
4.2 Compliance With Laws, etc. Consultant shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.
4.3 Integration. This agreement constitutes the entire agreement of t he parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.
4.4 Interpretation. This agreement shall be interprete d in accordance with the laws of the State of California.
4.5 Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Santa Barbara, State of California.
4.6 Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.
4.7 No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.
4.8 Severability. The provisions of this agreement are seve rable. If any part of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
4.9 Submittals. In addition to any other submittals required by this agreement, Consultant shall submit copies of its current business license and current certificate of workers compensation coverage to the City before beginning work on this project.
Attachment H
4.10 Prevailing Wage. Prevailing Wage . If applicable, Consultant and all subconsultants are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of th e California Labor Code. The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined and specified are referred to and made a part hereof as though fully set forth herein.
IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.
CSG CONSULTANTS, INC.
___________________________
Cyrus Kianpour
President
CITY OF SANTA MARIA, a political
subdivision of the State of California
Brett Fulgoni
Public Works Director
ATTEST:
Donna G. Schwartz, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:
_______________________________
Risk Manager
_______________________________
City Attorney
Attachment H
EXHIBIT “A”
SCOPE OF SERVICES
The following tasks may be performed with their own forces or using sub-consultants identified in consultant’s proposal. Tasks may include, but are not limited, to the following:
CEQA/NEPA Compliance
Consultants may be asked to prepare objective, technically compliant, legally defensible, and clearly written environmental documents to enable approval and implementation of both public and private projects. The following is a list of typical CEQA documents: Environmental Impact Reports (ElRs), Initial Studies/Mitigated Negative Declarations (IS/MNDs), Mitigation Monitoring and Reporting Program (MMRPs), and CEQA findings, and NEPA documents, such as Environmental Impact Statements (EISs), Environmental Assessments (EAs), Record of Decision (ROD) and Finding of No Significant Impact (FONSI) decision documents, and Preliminary EA Reports.
In summary, task may include, but not limited to any of the following:
• Categorical Exclusions
• Public involvement and outreach
• Assistance with Staff reports
• Attending Planning Commission and City Council meetings • Conducting Collaborative planning meetings
• Creating Land use and recreation plans
• Preparing Implementation plans
• Third-party technical reviews
• Siting and feasibility studies
• MMRP mitigation monitoring
Archaeology Resources
Archaeology services task may include literature searches, reconnaissance studies, intensive surveys, preservation and treatment plans, memoranda of agreement, archaeological site testing/evaluations, full-scale excavation for data recovery, construction monitoring, impact mitigation management, and site preservation.
In summary, task may include, but not limited to any of the following:
• Archaeological surveys, excavation, testing and data recovery. • Native American consultation
• Native American Graves Protection and Repatriation Act compliance • Assembly Bill (AB) 52 and Senate Bill18 consultation
Attachment H
Architectural History
Selected firms will be expected to have access to resources to provide architectural history services including archival research; resource surveys of historic buildings; developing historical overviews, preservation plans, and interpretive plans; National Register of Historic Places (NRHP) and California Register of Historical Resources (CRHR) documentation and nominations; and preparation of Historic American Buildings Survey (HABS) documentation.
In summary, task may include, but not limited to any of the following:
• Historic resource surveys and evaluations
• National Historic Preservation Act (NHPA) Sections 106 and 110 compliances • Historic preservation ordinances
• State Historic Preservation Officer and local government coordination
Biological Resources
Biological services may require the expertise from scientists, planners, restoration ecologists, and arborists. Services may include conducting siting, alternatives, and constraints analyses; recording and documenting pre-project existing biological conditions; and developing and implementing specialized studies, mitigation and monitoring plans, and environmental compliance programs for a wide range of project types.
In summary, task may include, but not limited to any of the following:
• Biological assessments and evaluations
• Wetland delineations
• Mitigation plans and implementation
• Mitigation monitoring
• Endangered species surveys
• Federal Endangered Species Act (FESA) Section 7 consultations and Section 10(a) permits
• Avian and bat services, including morbidity/mortality studies, breeding bird/nesting surveys
• Restoration ecology
Regulatory Permitting
Consultants’ tasks may include coordinating with federal and state regulatory agencies to ensure compliance and consistency with federal and state environmental requirements. Potential consultants are expected to have a working relationship with local U.S. Fish and Wildlife Service (USFWS), U.S. Army Corps of Engineers (USAGE), California Department of Fish and Wildlife (CDFW), and Regional Water Quality Control Board (RWQCB) staffers and experience with FESA Section 7 formal and informal consultations, and FESA Section 10 Habitat Conservation Plan (HCP) preparation.
In addition, it is highly desirable that the potential consultants have access to biologists holding federal species permits and are regularly approved to survey for and relocate federally listed species, such as California red-legged frog, steelhead trout, and Attachment H
California tiger salamander under Biological Opinions prepared by USFWS. Task may include conducting the necessary biological and wetland analyses and prepare CWA Section 404 Nationwide Permit, CWA Section 401 Water Quality Certification, and California Fish and Game Code Section 1602 Streambed Alteration Agreement permit application packages.
In summary, task may include, but not limited to any of the following:
• FESA Section 7 and Section 10 Consultations
• Biological Assessments in Support of Biological Opinions • NEPA Document Endangered Species Impact Analysis
• HCP Preparation and Compliance
• CWA Section 404 Nationwide Permit
• CWA Section 401 Water Quality Certification
• California Fish and Game Code Section 1602 Streambed Alteration Agreement
Attachment H
EXHIBIT “B”
PAYMENT
I. Progress Authorization
This contract is subject to the requirements of Page G -9 of the Purchasing Guidelines for the City of Santa Maria.
Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.
During the duration of this Master Agreement the City will identify individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.
The aggregate not-to-exceed fee for all tasks provided during the initial two -year term of the Agreement shall be $ 300,000.
II. Invoice procedure.
A. Payment shall be at the conclusion of the Project based on the billable charges.
B. The Consultant shall present the bill for charges by the second day of the month.
C. The Consultant's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subconsultants, and other direct costs incurred.
III. Maximum billable amounts
Under no circumstance shall the total of all payments to the Consultant exceed ninety percent (90%) of the maximum not-to-exceed cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A".
Attachment H
Attachment H
Attachment H
Attachment H
EXHIBIT “C”
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his/her agents, representatives, or employees. If the Consultant maintains broader coverage a nd/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.
2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.
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, inva sion 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 H
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability - $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: Statutory limits.
4. Employer's Liability - $1,000,000 per accident for bodily injury or disease.
5. Errors and Omissions Liability - $1,000,000 per occurrence or claim, $2,000,000 aggregate.
6. Cyber Liability - $2,000,000 per occurrence or claim, $2,000,000 aggregate.
C. Self-insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.
D. Other Insurance 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 Consultant including materials, parts or equipment furnished in connection with such wor k or
Attachment H
operations. General liability coverage can be provided in the form or an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and volunteers. Any
insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this
Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this A greement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.
4. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any
endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation
endorsement from the insurer.
5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be
before the date of the contract or the beginning of
contract work.
b. In surance must be maintained and evidence of
insurance must be provided for at least five (5) years
after completion of the contract of work.
c. If coverage is canceled or non -renewed, and not
replaced with another claims -made policy form with a
Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting”
Attachment H
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. Be st's rating of no less than A:VII, unless otherwise acceptable to the City.
F. Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
G. Special Risks or Circumstances
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experienc e, insurer, coverage, or other special circumstances.
Attachment I
AGREEMENT FOR PROFESSIONAL SERVICES
On-Call Consultant Services
This Agreement is made on April 15, 2025, by and between, EMC Planning Group, Inc. a California Corporation (“Consultant”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:
WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and
WHEREAS, City does not have available employees to perform the services for the Project; and
WHEREAS, City has requested the Consultant to provide manpower to complete the Project; and
WHEREAS, Consultant is registered or licensed in California to perform desired services for the Project.
NOW, THEREFORE, IT IS AGREED:
1. Recitals true. The above recitals are true.
2. General.
2.1 Term and Termination. The term of this contract is until 11:59 p.m. on June 30, 202 6, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law. Termination is effective 14 days after deposit of notice as specified in this Agreement.
2.2 Services to be Performed. Consultant shall determine the method, details and means of providing on -call consultant services. More specifically, Consultant agrees to perform the specific services listed in Exhibit “A.”
2.3 City’s Duties. City’s dut ies under this Agreement are to cooperate with Consultant in the performance of the contract and timely pay invoices.
2.4 Payment. Payment terms under this Agreement are listed in Exhibit “B.”
2.5 Insurance. Consultant shall provide insurance as listed in Exhibit “C.”
2.6 Exhibits. Exhibits “A,” “B,” and “C” are attached and incorporated.
Attachment I
3. Consultant’s Obligations.
3.1 Minimum Amount of Service. Consultant shall devote sufficient time to perform services under this agreement efficiently and effectively. Consultant may represent, perform services for and be employed by additional individuals or entities, in Consultant’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.
3.2 Tools and Equipment. Except as otherwise stated in this Agreement, Consultant will supply all tools and equipment necessary to perf orm this Agreement.
3.3 Status. Consultant (including its employees) is an independent Consultant.
No employer/employee relationship exists between Consultant and the City.
Consultant's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Consultant under this agreement.
3.4 Indemnification. To the fullest extent permitted by law, the Consultant shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investig ation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Consultant or the acts or omissions of an employee, agent or subconsultant of the Consultant. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.
4. Miscellaneous
4.1 Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONSULTANT, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
To City: To Consultant:
David Beas, P.E. EMC Planning Group Inc.
Principal Civil Engineer Attn: Stuart Poulter, AICP, MCRP 110 East Cook Street 601 Abrego Street
Santa Maria, CA 93454 Monterey, CA 93940
Attachment I
If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other party prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.
4.2 Compliance With Laws, etc. Consultant shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.
4.3 Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.
4.4 Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.
4.5 Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Santa Barbara, State of California.
4.6 Warranty of aut hority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.
4.7 No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.
4.8 Severability. The provisions of this agreement are severable. If any part of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
4.9 Submittals. In addition to any other submittals required by this agreement, Consultant shall submit copies of its current business license and current certificate of workers compensation coverage to the City before beginning work on this project.
Attachment I
4.10 Prevailing Wage. Prevailing Wage. If applicable, Consultant and all subconsultants are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined and specified are referred to and made a part hereof as though fully set forth herein.
IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.
EMC PLANNING GROUP, INC.
___________________________
Michael J. Groves
President
CITY OF SANTA MARIA, a political
subdivision of the State of California
Brett Fulgoni
Public Works Director
ATTEST:
Donna G. Schwartz, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:
_______________________________
Risk Manager
_______________________________
City Attorney
Attachment I
EXHIBIT “A”
SCOPE OF SERVICES
The following tasks may be performed with their own forces or using sub-consultants identified in consultant’s proposal. Tasks may include, but are not limited, to the following:
CEQA/NEPA Compliance
Consultants may be asked to prepare objective, technically compliant, legally defensible, and clearly written environmental documents to enable approval and implementation of both public and private projects. The following is a list of typical CEQA documents: Environmental Impact Reports (ElRs), Initial Studies/Mitigated Negative Declarations (IS/MNDs), Mitigation Monitoring and Reporting Program (MMRPs), and CEQA findings, and NEPA documents, such as Environmental Impact Statements (EISs), Environmental Assessments (EAs), Record of Decision (ROD) and Finding of No Significant Impact (FONSI) decision documents, and Preliminary EA Reports.
In summary, task may include, but not limited to any of the following:
• Categorical Exclusions
• Public involvement and outreach
• Assistance with Staff reports
• Attending Planning Commission and City Council meetings • Conducting Collaborative planning meetings
• Creating Land use and recreation plans
• Preparing Implementation plans
• Third-party technical reviews
• Siting and feasibility studies
• MMRP mitigation monitoring
Archaeology Resources
Archaeology services task may include literature searches, reconnaissance studies, intensive surveys, preservation and treatment plans, memoranda of agreement, archaeological site testing/evaluations, full-scale excavation for data recovery, construction monitoring, impact mitigation management, and site preservation.
In summary, task may include, but not limited to any of the following:
• Archaeological surveys, excavation, testing and data recovery. • Native American consultation
• Native American Graves Protection and Repatriation Act compliance • Assembly Bill (AB) 52 and Senate Bill18 consultation
Attachment I
Architectural History
Selected firms will be expected to have access to resources to provide architectural history services including archival research; resource surveys of historic buildings; developing historical overviews, preservation plans, and interpretive plans; National Register of Historic Places (NRHP) and California Register of Historical Resources (CRHR) documentation and nominations; and preparation of Historic American Buildings Survey (HABS) documentation.
In summary, task may include, but not limited to any of the following:
• Historic resource surveys and evaluations
• National Historic Preservation Act (NHPA) Sections 106 and 110 compliances • Historic preservation ordinances
• State Historic Preservation Officer and local government coordination
Biological Resources
Biological services may require the expertise from scientists, planners, restoration ecologists, and arborists. Services may include conducting siting, alternatives, and constraints analyses; recording and documenting pre-project existing biological conditions; and developing and implementing specialized studies, mitigation and monitoring plans, and environmental compliance programs for a wide range of project types.
In summary, task may include, but not limited to any of the following:
• Biological assessments and evaluations
• Wetland delineations
• Mitigation plans and implementation
• Mitigation monitoring
• Endangered species surveys
• Federal Endangered Species Act (FESA) Section 7 consultations and Section 10(a) permits
• Avian and bat services, including morbidity/mortality studies, breeding bird/nesting surveys
• Restoration ecology
Regulatory Permitting
Consultants’ tasks may include coordinating with federal and state regulatory agencies to ensure compliance and consistency with federal and state environmental requirements. Potential consultants are expected to have a working relationship with local U.S. Fish and Wildlife Service (USFWS), U.S. Army Corps of Engineers (USAGE), California Department of Fish and Wildlife (CDFW), and Regional Water Quality Control Board (RWQCB) staffers and experience with FESA Section 7 formal and informal consultations, and FESA Section 10 Habitat Conservation Plan (HCP) preparation.
In addition, it is highly desirable that the potential consultants have access to biologists holding federal species permits and are regularly approved to survey for and relocate federally listed species, such as California red-legged frog, steelhead trout, and Attachment I
California tiger salamander under Biological Opinions prepared by USFWS. Task may include conducting the necessary biological and wetland analyses and prepare CWA Section 404 Nationwide Permit, CWA Section 401 Water Quality Certification, and California Fish and Game Code Section 1602 Streambed Alteration Agreement permit application packages.
In summary, task may include, but not limited to any of the following:
• FESA Section 7 and Section 10 Consultations
• Biological Assessments in Support of Biological Opinions • NEPA Document Endangered Species Impact Analysis
• HCP Preparation and Compliance
• CWA Section 404 Nationwide Permit
• CWA Section 401 Water Quality Certification
California Fish and Game Code Section 1602 Streambed Alteration Agreement
Attachment I
EXHIBIT “B”
PAYMENT
I. Progress Authorization
This contract is subject to the requirements of Page G -9 of the Purchasing Guidelines for the City of Santa Maria.
Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.
During the duration of this Master Agreement the City will identif y individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.
The aggregate not-to-exceed fee for all tasks provided during the initial two-year term of the Agreement shall be $300,000.
II. Invoice procedure.
A. Payment shall be at the conclusion of the Project based on the billable charges.
B. The Consultant shall present the bill for charges by the second day of the month.
C. The Consultant's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subconsultants, and other direct costs incurred.
III. Maximum billable amounts
Under no circumstance shall the total of all payments to the Consultant exceed ninety percent (90%) of the maximum not-to-exceed cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A".
Attachment I
Attachment I
EXHIBIT “C”
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his/her agents, representatives, or employ ees. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.
2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.
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 limite d 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 secur ity. 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 I
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general agg regate 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 Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.
D. Other Insurance 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 Consultant including materials, parts or equipment furnished in connection with such work or
Attachment I
operations. General liability coverage can be provided in the form or an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, official s, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. Each insurance policy required by th is clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this
Agreement shall be given to the City representative listed for notice in this agreement and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.
4. Consultant hereby grants to City a waiver of any ri ght to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any
endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation
endorsement from the insurer.
5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be
before the d ate of the contract or the beginning of
contract work.
b. Insurance must be maintained and evidence of
insurance must be provided for at least five (5) years
after completion of the contract of work.
c. If coverage is canceled or non -renewed, and not
replaced with another claims -made policy form with a
Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting”
Attachment I
coverage for a minimum of five (5) years after
completion of work.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
F. Verification of Coverage
Consultant shall furnish the C ity with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
G. Special Risks or Circumstances
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Attachment J
AGREEMENT FOR PROFESSIONAL SERVICES
On-Call Consultant Services
This Agreement is made on April 15, 2025 , by and between, Nichols Consulting Engineers a California Corporation (“Consultant”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:
WHEREAS, City has determined it is in the public interest to proceed with the work hereinafter described as "Project"; and
WHEREAS, City does not have available employees to perform the services for the Project; and
WHEREAS, City has requested the Consultant to provide manpower to complete the Project; and
WHEREAS, Consultant is registered or licensed in California to perform desired services for the Project.
NOW, THEREFORE, IT IS AGREED:
1. Recitals true. The above recitals are true.
2. General.
2.1 Term and Termination. The term of this contract is until 11:59 p.m. on June 30, 202 6, beginning on the date first written above. This contract may be extended by mutual consent of the parties. This contract may be terminated for breach of its terms or conditions, or because of discovery of any act which violates local, state or federal law . Termination is effective 14 days after deposit of notice as specified in this Agreement.
2.2 Services to be Performed. Consultant shall determine the method, details and means of providing on -call consultant services. More specifically, Consultant agrees to perform the specific services listed in Exhibit “A.”
2.3 City’s Duties. City’s duties under this Agreement are to cooperate with Consultant in the performance of the contract and timely pay invoices.
2.4 Payment. Payment terms under this Agreement are listed in Exhibit “B.”
2.5 Insurance. Consultant shall provide insurance as listed in Exhibit “C.”
2.6 Exhibits. Exhibits “A,” “B,” and “C” are attached and incorporated.
Attachment J
3. Consultant’s Obligations.
3.1 Minimum Amount of Service. Consultant shall devote sufficient time to perform services under this agreement efficiently and effectively. Consultant may represent, perform services for and be employed by additional individuals or entities, in Consultant’s sole discretion, as long as the performance of these extra-contractual services does not interfere with or present a conflict with City's business.
3.2 Tools and Equipment. Except as otherwise stated in this Agreement, Consultant will supply all tools and equipment necessary to perf orm this Agreement.
3.3 Status. Consultant (including its employees) is an independent Consultant.
No employer/employee relationship exists between Consultant and the City.
Consultant's assigned personnel shall not be entitled to any benefits payable to employees of the City. The City is not required to make any deductions or withholdings from the compensation payable to Consultant under this agreement.
3.4 Indemnification. To the fullest extent permitted by law, the Consultant shall indemnify, defend (with independent counsel approved by the City) and hold harmless the City, and its directors, officers, and employees from and against all liabilities (including without limitation all claims, losses, damages, penalties, fines, and judgments, associated investig ation and administrative expenses, and defense costs, including but not limited to reasonable attorneys’ fees, court costs and costs of alternative dispute resolution) regardless of nature or type that arise out of, pertain to, or relate to the negligence, reckless, or willful misconduct of the Consultant or the acts or omissions of an employee, agent or subconsultant of the Consultant. The provisions of this paragraph survive completion of the services or the termination of this contract. The provisions of this Section are not limited by the provisions of the Section relating to insurance.
4. Miscellaneous
4.1 Notices. All communication relating to the day-to-day activities of this Agreement shall be exchanged between a designated representative of the CITY and a representative of CONSULTANT, listed below. All notices shall be addressed as follows unless a written change is filed with the City:
To City: To Consultant:
David Beas, P.E. Nichols Consulting Engineers
Principal Civil Engineer Attn: Vivek Jha
110 East Cook Street 2300 E. Katella Avenue, Ste. 125 Santa Maria, CA 93454 Anaheim, CA 92806
Attachment J
If the designated Representative or address of either party changes during the term of this agreement, a written notice shall be given to the other part y prior to the effective date of change. Any written notices required under this agreement shall be effective five (5) days after deposit into United States mail, postage prepaid, addressed to the designated Representative, or upon confirmation of receipt of delivery if another notification process is used.
4.2 Compliance With Laws, etc. Consultant shall comply with all laws, including but not limited to the rules and policies of the City, in performing this agreement.
4.3 Integration. This agreement constitutes the entire agreement of the parties with respect to the subject matter. All modifications, amendments, or waivers of the terms of this agreement must be in writing and signed by the appropriate representatives of the parties.
4.4 Interpretation. This agreement shall be interpreted in accordance with the laws of the State of California.
4.5 Jurisdiction. Jurisdiction and venue of all disputes over the terms of this agreement shall be in the County of Santa Barbara, State of California.
4.6 Warranty of authority. Each person signing this agreement on behalf of a party warrants that he or she has authority to do so.
4.7 No Waiver. Failure to enforce with respect to a default shall not be construed as a waiver.
4.8 Severability. The provisions of this agreement are severable. If any part of this agreement is held invalid by a court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect unless amended or modified by mutual written consent of the parties.
4.9 Submittals. In addition to any other submittals required by this agreement, Consultant shall submit copies of its current business license and current certificate of workers compensation coverage to the City before beginning work on this project.
Attachment J
4.10 Prevailing Wage. Prevailing Wage. If applicable, Consultant and all subconsultants are required to pay the general prevailing wage rates of per diem wages and overtime and holiday wages determined by the Director of the Department of Industrial Relations under Section 1720 et seq. of the California Labor Code. The Director's determination is on file and open to inspection at www.dir.ca.gov and is referred to and made a part hereof; the wage rates therein ascertained, determined and specified are referred to and made a part hereof as though fully set forth herein.
IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.
NICHOLS CONSULTING GROUP
___________________________
Margot Yapp
President
CITY OF SANTA MARIA, a political
subdivision of the State of California
Brett Fulgoni
Public Works Director
ATTEST:
Donna G. Schwartz, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:
_______________________________
Risk Manager
_______________________________
City Attorney
Attachment J
EXHIBIT “A”
SCOPE OF SERVICES
The following tasks may be performed with their own forces or using sub-consultants identified in consultant’s proposal. Tasks may include, but are not limited, to the following:
CEQA/NEPA Compliance
Consultants may be asked to prepare objective, technically compliant, legally defensible, and clearly written environmental documents to enable approval and implementation of both public and private projects. The following is a list of typical CEQA documents: Environmental Impact Reports (ElRs), Initial Studies/Mitigated Negative Declarations (IS/MNDs), Mitigation Monitoring and Reporting Program (MMRPs), and CEQA findings, and NEPA documents, such as Environmental Impact Statements (EISs), Environmental Assessments (EAs), Record of Decision (ROD) and Finding of No Significant Impact (FONSI) decision documents, and Preliminary EA Reports.
In summary, task may include, but not limited to any of the following:
• Categorical Exclusions
• Public involvement and outreach
• Assistance with Staff reports
• Attending Planning Commission and City Council meetings • Conducting Collaborative planning meetings
• Creating Land use and recreation plans
• Preparing Implementation plans
• Third-party technical reviews
• Siting and feasibility studies
• MMRP mitigation monitoring
Archaeology Resources
Archaeology services task may include literature searches, reconnaissance studies, intensive surveys, preservation and treatment plans, memoranda of agreement, archaeological site testing/evaluations, full-scale excavation for data recovery, construction monitoring, impact mitigation management, and site preservation.
In summary, task may include, but not limited to any of the following:
• Archaeological surveys, excavation, testing and data recovery. • Native American consultation
• Native American Graves Protection and Repatriation Act compliance • Assembly Bill (AB) 52 and Senate Bill18 consultation
Attachment J
Architectural History
Selected firms will be expected to have access to resources to provide architectural history services including archival research; resource surveys of historic buildings; developing historical overviews, preservation plans, and interpretive plans; National Register of Historic Places (NRHP) and California Register of Historical Resources (CRHR) documentation and nominations; and preparation of Historic American Buildings Survey (HABS) documentation.
In summary, task may include, but not limited to any of the following:
• Historic resource surveys and evaluations
• National Historic Preservation Act (NHPA) Sections 106 and 110 compliances • Historic preservation ordinances
• State Historic Preservation Officer and local government coordination
Biological Resources
Biological services may require the expertise from scientists, planners, restoration ecologists, and arborists. Services may include conducting siting, alternatives, and constraints analyses; recording and documenting pre-project existing biological conditions; and developing and implementing specialized studies, mitigation and monitoring plans, and environmental compliance programs for a wide range of project types.
In summary, task may include, but not limited to any of the following:
• Biological assessments and evaluations
• Wetland delineations
• Mitigation plans and implementation
• Mitigation monitoring
• Endangered species surveys
• Federal Endangered Species Act (FESA) Section 7 consultations and Section 10(a) permits
• Avian and bat services, including morbidity/mortality studies, breeding bird/nesting surveys
• Restoration ecology
Regulatory Permitting
Consultants’ tasks may include coordinating with federal and state regulatory agencies to ensure compliance and consistency with federal and state environmental requirements. Potential consultants are expected to have a working relationship with local U.S. Fish and Wildlife Service (USFWS), U.S. Army Corps of Engineers (USAGE), California Department of Fish and Wildlife (CDFW), and Regional Water Quality Control Board (RWQCB) staffers and experience with FESA Section 7 formal and informal consultations, and FESA Section 10 Habitat Conservation Plan (HCP) preparation.
In addition, it is highly desirable that the potential consultants have access to biologists holding federal species permits and are regularly approved to survey for and relocate federally listed species, such as California red-legged frog, steelhead trout, and Attachment J
California tiger salamander under Biological Opinions prepared by USFWS. Task may include conducting the necessary biological and wetland analyses and prepare CWA Section 404 Nationwide Permit, CWA Section 401 Water Quality Certification, and California Fish and Game Code Section 1602 Streambed Alteration Agreement permit application packages.
In summary, task may include, but not limited to any of the following:
• FESA Section 7 and Section 10 Consultations
• Biological Assessments in Support of Biological Opinions • NEPA Document Endangered Species Impact Analysis
• HCP Preparation and Compliance
• CWA Section 404 Nationwide Permit
• CWA Section 401 Water Quality Certification
California Fish and Game Code Section 1602 Streambed Alteration Agreement
Attachment J
EXHIBIT “B”
PAYMENT
I. Progress Authorization
This contract is subject to the requirements of Page G -9 of the Purchasing Guidelines for the City of Santa Maria.
Individual task orders will be created under this Master Agreement for the completion of each task and billed according to the attached rate sheet.
During the duration of this Master Agreement the City will identif y individual task, and upon agreed scope of work, schedule, and cost, a Notice to Proceed and Purchase Ordered will be issued for each task not to exceed $75,000 per task as indicated in Section 1.1B.
The aggregate not-to-exceed fee for all tasks provided during the initial two-year term of the Agreement shall be $300,000.
II. Invoice procedure.
A. Payment shall be at the conclusion of the Project based on the billable charges.
B. The Consultant shall present the bill for charges by the second day of the month.
C. The Consultant's bill shall be substantiated by appropriate documentation, and include an itemized listing of personnel, subconsultants, and other direct costs incurred.
III. Maximum billable amounts
Under no circumstance shall the total of all payments to the Consultant exceed ninety percent (90%) of the maximum not-to-exceed cost, prior to acceptance by the City of all items to be completed as noted within Exhibit "A".
Attachment J
Attachment J
EXHIBIT “C”
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his/her agents, representatives, or employ ees. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), including products and completed operations, property damage, bodily injury and personal & advertising injury.
2. Insurance Services Office Business Auto Coverage Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, covering hired (Code 8) and non-owned autos (Code 9).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the Consultant's profession. Architects' and engineers' coverage is to be endorsed to include contractual liability.
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 infringem ent 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 J
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit s hall 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 Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention.
D. Other Insurance Requirements
The liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its offi cers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished i n connection with such work or
Attachment J
operations. General liability coverage can be provided in the form or an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38 and CG 20 37 forms if later revisions are used).
2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees and v olunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or reduced, except with notice stating the title of this contract to the City. All notices provided pursuant to this
Agreement shall be given to the City representative listed for notice in this agree ment and shall specify the title of this Agreement. Notice may be given by overnight mail, facsimile with confirmation of receipt, or certified mail with return-receipt requested.
4. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any
endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation
endorsement from the insurer.
5. If any of the required policies provide claims-made coverage:
a. The Retroactive Date must be shown, and must be
before the date of the contract or the beginning of
contract work.
b. Insurance must be maintained and evidence of
insurance must be provided for at least five (5) years
after completion of the contract of work.
c. If coverage is canceled or non -renewed, and not
replaced with another claims -made policy form with a
Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting”
Attachment J
coverage for a minimum of five (5) years after
completion of work.
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City.
F. Verification of Coverage
Consultant shall furnish the C ity with original certificates and amendatory endorsements of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications at any time.
G. Special Risks or Circumstances
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: Chenin Dow, Community Development Director
DATE: April 15, 2025
SUBJECT: Introduction of an Ordinance regarding Zoning Text Amendments for Battery Energy Storage Systems, Title 12 of the City of Santa Maria Municipal Code
Description:
The City Council will conduct the first reading and introduction of an Ordinance to adopt Zoning Text Amendments (Z2025 -0002) amending Title 12 – Zoning, to add a new definition for Battery Energy Storage Systems to Chapter 12-2, limiting their location to the City’s General Manufacturing District contained in Chapter 12 -17 with a Conditional Use Permit and/or Planned Development Permit, and establishing specific development standards for certain BESS uses.
Environmental Notice: Pursuant to the California Environmental Quality Act ( CEQA) Guidelines Section 15060(c)(2), the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment. Additionally or alternatively, this Ordinance is exempt from CEQA under CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that there is no possibility the activity in question may have a significant effect on the environment, Section 15307 (Class 7, categorical exemption for regulatory activity to assure the protection of natural resources), and Section 15308 (Class 8, categorical exemption for regulatory activity to assure the protection of the environment).
RECOMMENDATION:
1. Conduct the first reading and introduce an Ordinance amending Title 12, to add a new definition for Battery Energy Storage Systems to Chapter 12-2, limiting Battery Energy Storage Systems facility location to 12-17 with a Conditional Use Permit and/or Planned Development Permit, and Establishing specific development standards for certain Battery Energy Storage System uses; and
2. Set for adoption at the next regular City Council meeting.
BACKGROUND:
The California Energy Commission (CEC) website identifies that ‘energy storage is an important tool to support grid reliability and complement the state’s abundant renewable energy resources.’ Energy storage technologies are designed to capture energy generated during non -peak energy demand times, store that energy, and then release that energy back into the electrical grid to help meet peak loads. The CEC also cites that “from 2018 to 2024, battery storage capacity in California increased from 500 megawatts (MW) to more than 13,300 MW, with an additional 3,000 MW planned to come online by the end of 2024.”
The proposed Ordinance is intended to define and regulate the location and operation of Battery Energy Storage Systems (BESS) facilities in the City and is in response to a series of incidents at BESS facilities both in California and nationwide. BESS facilities that use lithium-ion batteries create particularly unique potential fire and explosion hazards.
Information suggests that lithium -ion batteries are potentially safe and stable when installed properly, however , certain conditions elevate the risk of fire and thermal runaways, such as impact, puncture, or mechanical damage, overcharging, overheating, and/or short circuits. A significant incident recently occurred at the Moss Landing BESS facility in Monterey County on January 16, 2025, when a major fire broke out among batteries within one of the facility’s buildings. This incident forced 1,200 residents to evacuate, caused highway closures, and rele ased smoke plumes posing a potential health threat to humans and wildlife in Monterey County.
The Community Development Department has had recent inquiries regarding developing BESS facilities within the City. However, the Municipal Code, Title 12 (Zoning Ordinance) does not have definitions, land use policies or standards in place to regulate the location and operation of BESS facilities within City limits in order to address compatibility with surrounding uses and safety, among other issues. To ensure th e public’s health, safety, and welfare, the proposed Ordinance is intended to provide clarity regarding the allowed location, development standards, and permitting procedures for BESS facilities.
Planning Commission Review
The Planning Commission held a noticed public hearing on March 19, 2025, to consider the proposed Ordinance. After receiving testimony from staff and the public, the Commission recommended approval of the Ordinance to the City Council with the following modifications to the proposed text amendments:
1) Agricultural land be added to the list of sensitive uses; 2) The distance (radius) for public notice associated with a BESS project application be expanded to include all properties within two miles of a proposed BESS project; and
3) Property owners and tenants are to receive notification within the expanded noticing area.
Outside of the scope of this proposed text amendment, t he Planning Commission also recommended that, should the City receive any discretionary application s for a BESS facility, that the City Council consider adopting an urgency ordinance to place a Citywide moratorium on approving Bess facilities. Additionally, the Commission requested that one year from the adoption of this proposed ordinance , the Community Development staff provide an update to the Commission regarding the status of BESS facilities in general and any changes in BESS technology, and how that might apply to the enacted Ordinance.
DISCUSSION
BESS Definition
In general, a BESS facility collects energy from the grid, stores it, and then discharges that energy later to provide electricity or other grid services when needed, typically at times of high demand.
The proposed Ordinance defines BESS as:
“Battery Energy Storage Systems (BESS) means a facility in part consisting of rechargeable electro -chemical storage batteries, battery chargers, controls and associated electrical equipment designed to collect energy from the grid or an associated di stributed generation system and then discharge that energy at a later time to provide electricity or other grid services when needed.”
This definition will be added to Chapter 12-2 of the Zoning Ordinance (Title 12).
Conditionally Permitted Use
Recognizing the Industrial nature of BESS facilities, the proposed Ordinance would amend Chapter 12-17, General Manufacturing District, of the Zoning Ordinance (Title 12) to allow BESS facilities subject to the approval of a Conditional Use Permit only within the City’s General Manufacturing (M -2) District. The BESS facility would be required to comply with newly enacted City development standards, including that the property is adequately separated from residences, hospitals, and schools , and per Planning Commission recommendation, also separated from land within or adjacent to the City, used and/or zoned for agricultural cultivation, whether in active production or fallow. The Conditional Use Permit would be under the discretion of the Planning Commission , and the Planning Commission would have the opportunity to include conditions of approval to mitigate any potential land use conflicts, public health and safety concerns.
BESS Development Standards
The Ordinance establishes a new section for BESS project development standards regarding the development of an Emergency Response and Emergency Action Plan by the facility owner, the separation of BESS facilities from specific sensitive uses, and expanded public hearing notice for BESS project Conditional Use Permit applications.
Senate Bill (SB 38) and the California Public Utilities Code Section 761.3 law requires applicants of BESS facilities to develop an Emergency Response and Emergency Action Plan ‘“In order to ensure the safety of employees, emergency re sponders, and surrounding communities. . .” (Cal. Pub. Util. Code § 761.3.). The BESS owner is required to coordinate the development of this plan with the emergency agencies local to the development site, and when complete, is required to provide that plan to the county where the facility is located. The plan must:
Establish response procedures for an equipment malfunction or failure. Include procedures that provide for the safety of surrounding residents, neighboring properties, emergency responders, an d the environment. These procedures shall be established in consultation with local emergency management agencies.
Establish notification and communication procedures between the battery energy storage facility and local emergency management agencies.
Public Utility Code § 761.3 regulations also state that the plan may also:
Consider responses to potential off-site impacts, including, but not limited to, poor air quality, threats to municipal water supplies, water runoff, and threats to natural waterways.
Include procedures for the local emergency response agency to establish shelter- in-place orders and road closure notifications when appropriate.
The proposed Ordinance makes these mandatory components of the Emergency Response and Emergency Action Plan for projects located within the City.
The Community Development Department recommended that a separation distance between a proposed BESS facility location and nearby sensitive uses could be based on the City’s street system grid. City streets are placed on a north-south, east-west grid, with collector or larger capacity streets placed at ¼ mile spacing. Generally, the City’s zoning designation locations and boundaries have also been arranged based on the street grid.
Therefore, the proposed Ordinance uses the ¼ mile (1,320 feet) as the appropriate minimum separation between BESS development sites and nearby sensitive uses . For this Ordinance, the list of sensitive uses consists of Residential and Mixed -Use Residential developments and Zones, Senior Res idential projects, Schools, and Hospitals. As noted earlier, the Planning Commission recommended that land used and/or zoned for agricultural cultivation, whether the land be within or outside of the City, in active production or fallow, also be included in this list of sensitive uses.
BESS Application Public Hearing Notice.
With many of the City’s industrially zoned areas consisting of larger parcels and considering the potential impact area if a BESS facility incident were to occur, staff believes the legal minimum of providing public hearing notice to property owners within 300 feet of the project site is insufficient.
Initially staff proposed notice be sent to property owners within 1,760 feet (1/3 mile) of any proposed BESS project application. The 1/3 mile noticing distance was selected to ensure noticing included any adjacent sensitive uses. The Planning Commission recommended that the public noticing distance be expanded to include all properties within two miles of a proposed BESS project, and t hat tenants on these properties, in addition to property owners, receive notification.
As is the case with all discretionary public noticing, the project applicant is required to pay the postage for notifying all property owners within the noticing radius as a part of a complete application.
“Opt-In” Certification by the California Energy Commission In 2022, the Governor signed into law Assembly Bill 205 (AB 205), which expands the California Energy Commission’s (CEC) powerplant siting authority to inclu de certain renewable energy facilities, including energy storage systems defined in California Public Utilities Code Section 2835 capable of storing 200 megawatt -hours or more of electrical energy. Pursuant to AB 205, an applicant proposing to build a qual ifying energy facility may file an “opt -in application for certification” at the CEC and the CEC’s permitting authority over the proposed project is in lieu of any permit, certificate, or similar document required by a state, local, or regional agency, or federal agency, to the extent permitted by federal law, for those facilities.
Therefore, this Ordinance would not prevent a qualifying BESS facility from op ting to obtain State approval to locate in Santa Maria through the California Energy Commission’s AB 205 Opt -in Certification program, which allows an override of local zoning.
Attachment:
A: Ordinance – BESS
1 ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MARIA, CALIFORNIA,
AMENDING TITLE 12, TO ADD A NEW DEFINITION
FOR BATTERY ENERGY STORAGE SYSTEMS
TO CHAPTER 12-2, LIMITING BATTERY ENERGY
STORAGE SYSTEM FACILITY LOCATION
TO THE CITY’S GENERAL MANUFACTURING DISTRICT
CONTAINED IN CHAPTER 12-17 WITH A CONDITIONAL
USE PERMIT AND/OR PLANNED DEVELOPMENT PERMIT,
AND ESTABLISHING SPECIFIC DEVELOPMENT
STANDARDS FOR CERTAIN BESS USES
WHEREAS, the City of Santa Maria is a California municipal corporation and charter City (“City”); and
WHEREAS, in general, a Battery Energy Storage Systems (“BESS”) facility collects energy from the grid, stores it, and then discharges that energy later to p rovide electricity or other grid services when needed, typically at times of high demand; and
WHEREAS, the City Municipal Code does not have definitions, land use policies or standards in place to regulate the location and operation of BESS facilities within City limits, which would address compatibility with surrounding uses and safety, among other issues; and
WHEREAS, on October 7, 2023, the Governor of California signed into law Senate Bill (“SB 38”), which amends the California Public Utilities Code Section 761.3 to address safety concerns with BESS projects. SB 38 requires every BESS facility in California to establish an emergency response and emergency action plan for the facility to protect surrounding residents, neighboring properties, emergency responders, and the environment. The BESS facility owner or operator must coordinate with local emergency management agencies, unified program agencies, and local first responders to develop the plan, and submit the plan to the county where the facility is located; and
WHEREAS, SB 38 recognizes the many hazards that BESS facilities can create given the fairly new technology, lack of long -term study of the performance and risk associated with these facilities, as well as the ever-increasing megawatt capacity of these projects; and
WHEREAS, there have been several recent fires at BESS facilities both in California and nationwide. BESS facilities that use lithium-ion batteries create particularly unique fire and explosion hazards. Information suggests that lithium -ion batteries are potentially safe and stable when installed properly, however, certain conditions eleva te the risk of fire and thermal runaways, such as impact, puncture, or mechanical damage, overcharging, overheating, and/or short circuits; and
2 WHEREAS, on January 16, 2025, a major fire broke out at an existing BESS facility in the unincorporated communi ty of Moss Landing, forcing 1,200 area residents to evacuate, caused highway closures, and released smoke plumes that could pose a health threat to humans and wildlife in Monterey County; and
WHEREAS, the City seeks to adopt appropriate development guidelines for BESS projects in order to ensure the public’s health, safety and welfare; and WHEREAS, the Planning Commission of the City of Santa Maria held a duly noticed public hearing on March 19, 2025 , for the purpose of receiving evidence and considering the proposed Title 12 BESS Amendments; and
WHEREAS, on a 4-0 vote, the Planning Commission of the City of Santa Maria made its recommendation in writing that the City Council amend Santa Maria Municipal Code Title 12 as proposed on Exhibit 1 (BESS Orindance) of the passed and adopted Planning Commission Resolution No. 2841, with recommendations of modification to selected provisions of the Ordinance shown in strike-out and underline text; and WHEREAS, a duly noticed public hearing was held for the purpose of considering the proposed Title 12 BESS Amendments by the City Council of the City of Santa Maria on April 15, 2025; and
WHEREAS, the City Council of the City of Santa Maria made no modification of the proposed Title 12 BESS Amendments which had not been previously considered by the Planning Commission.
NOW, THEREFORE, IT IS HEREBY ORDAINED by the City Council of the City of Santa Maria, State of California, as follows:
SECTION 1. A new Section 18A, of Chapter 12-2, of Title 12 of the Santa Maria Municipal Code is hereby added to read as follows:
“Section 12-2.18A Battery Energy Storage Systems.
“Battery Energy Storage System s” (“BESS”) means a facility in part consisting of rechargeable electro -chemical storage batteries, battery chargers, controls and associated electrical equipment designed to collect energy from the grid or a n associated distributed generation system and then discharge that energy at a later time to provid e electricity or other grid services when needed.”
SECTION 2. A new Subsection (j) is added to Section 05, of Chapter 12-17, of Title 12 of the Santa Maria Municipal Code, to read as follows:
“(j) Battery Energy Storage Systems (“BESS”) as a primary or ancillary use, that are a “Front-of-the-Meter” facility, meaning the energy storage 3 collection systems are connected to the distribution system on the utility side of the meter. (For the purposes of this Title, BESS is a unique use from a Substation, Utility Substation, Electrical Substation, Public Utility Structures, Distribution Plant, Utility Distribution Station, Utility Yard, Public Service Facility, or any other Public or Private utility use cited in this Title);”
SECTION 3. A new Section 15, of Chapter 12-17, of Title 12 of the Santa Maria Municipal Code is hereby added to read as follows:
“Section 12-17.15 Battery Energy Storage Systems Standards.
The following are special standards for the development of Battery Energy Storage System s (BESS) facilit ies as defined in Section 12 -
17.05(j) above:
(a) The BESS project owner shall work with the City Fire and Police Departments to develop an Emergency Response and Emergency Action Plan in conformance with the provisions of Section 761.3(g) of the Public Utilities Code and Section 3220 of Title 8 of the California Code of Regulations. Additionally, the plan must:
a. Consider responses to potential offsite impacts, including, but not limited to, poor air quality, threats to municipal water supplies, water runoff, and threats to natural waterways; and
b. Include procedures for the local emergency response agency to establish shelter -in-place orders a nd road closure notifications when appropriate.
The Plan’s provisions shall be to the satisfaction of the City, and a copy of the completed plan provided to the City prior to the commencement of facility operation.
(b) BESS facilities shall not be located wi thin 1,320 feet (1/4 mile) of a residential district and/or mixed -use residential district, or school, or hospital, or land used and/or zoned for agricultural cultivation whether within or outside of the City or in active production or fallow, as measured from the BESS property boundary.
(c) Any public hearing for a proposed BESS facility shall provide written notice to owners and tenants of properties located within 1,760 feet (1/3 mile) 10,560 feet (two miles) of the proposed BESS facility property.
SECTION 4. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (“CEQA”) (Public Resources Code Section 21000 et seq.), and the CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.) , and the City’s environmental procedures . P ursuant to CEQA Guidelines Section 15060(c)(2), the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment. Additionally or alternatively, this Ordinance is exempt 4 from CEQA under CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that there is no possibility the activity in question may have a significant effect on the environment, Section 15307 (Class 7, categorical exemption for regulatory activity to assure the protection of natural resources), and Section 15308 (Class 8, categorical exemption for regulatory activity to assure the protection of the environment).
SECTION 5. Severability. If any sections, subsections, sentences, clauses, phrases, or portions of this Ordinance are for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this and each section, subsection, phrase, or clause of this Ordinance whether or not any one or more sections, subsections, phrases, or clauses may be declared invalid or unconstitutional on their face as applied.
SECTION 6. Clerical Errors. 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 conc erning any changes deemed necessary.
SECTION 7. Publication. This Ordinance shall be in full force and effect thirty days after its passage. Within fifteen days following its passage, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in accordance with State Law; or when deemed necessary due to the length or complexity of the Ordinance, cause a summary of the Ordinance to be prepared and published at least five days prior to the City Council meeting at which the proposed Ordinance is to be adopted. If a summary is published at least five days prior to the City Council meeting at which the proposed Ordinance is to be adopted, then within 15 days after adoption of the Ordinance the City Clerk shall publis h a summary of the Ordinance with the names of those City Council Members voting for and against the Ordinance and shall post a certified copy of the full text of such adopted Ordinance along with the names of those City Council Members voting for and against the Ordinance.
INTRODUCED at a regular meeting of the City Council held on the ______ day of ________ 2025, and PASSED AND ADOPTED at a regular meeting held on the _____ day of ______ 2025, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
5 ATTEST:
Chief Deputy City Clerk
Mayor
APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager
COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: Brett Fulgoni, Director of Public Works
DATE: April 15, 2025
SUBJECT: Adoption of a Resolution Approving Measure A Five -Year Local Program of Projects for Fiscal Year 2025/2026 through 2029/2030
Description:
The City Council will consider approving the Measure A Five -Year Program of Projects for transportation and pedestrian enhancement projects within the City of Santa Maria.
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
RECOMMENDATION:
Adopt a Resolution approving the Measure A Five-Year Local Program of Projects for fiscal years 2025/2026 through 2029/2030; and certifying that the City of Santa Maria will provide sufficient funding in the 2025/2026 budget to meet the Measure A Maintenance of Effort requirement.
BACKGROUND:
In November 2008, Santa Barbara County voters approved the reauthorization of Measure D, an extension of the existing half -cent sales tax for transportation purposes, known as Measure A. Over its 30 -year lifespan, Measure A will provide more than $1 billion in local sales tax revenues for transportation projects in Santa Barbara County.
Specifically, it will provide approximately $455 million to Northern Santa Barbara County for high-priority transportation projects and programs to address the current and fu ture needs of local communities.
Measure A funds are essential for the current and future maintenance needs of the City’s roadways, transportation facilities, and overall infrastructure year after year.
DISCUSSION:
Section 18 of the Measure A ordinance requires each local jurisdiction to annually hold a public hearing to adopt a five-year Program of Projects (POP). This meeting serves that purpose. Once approved, all local POPs are submitted to the Santa Barbara County Local Transportation Authority for approval.
2 The Five -Year Local POP (Attachment B) proposes projects that comply with the requirements of the Measure A ordinance. The Measure A project list for the current cycle allocates funds to local streets and transportation improvements.
Measure A requires the City to allocate 15 percent of its local share of Measure A funding to pedestrian and bicycle improvements, classified as “Alternate Transportation” Improvements. The Measure A program is divided into five-year segments with regard to Alternate Transportation, and the ordinance requires that the 15 percent requirement for Alternate Transportation expenditures be met completely over each five-year period.
The primary focus of the POP is the maintenance of the existing infrastructure within the City’s rights-of-way. Other transportation funding sources, such as Gas Tax, SB1, LSTP (Local Surface Transportation Program), Growth Mitigation, and other grant programs are available for capital expenditures through the normal budget process.
Maintenance of Effort
Maintenance of Effort (MOE) is a common requirement of special tax measures. MOE is a taxpayer safeguard used to ensure that new special tax revenues are not used to supplant historical discretionary funding levels. The MOE requiremen t is meant to maintain existing funding levels so that the new tax revenues will improve public infrastructure or services above current levels.
The Measure A ordinance contains an MOE requirement that identifies the minimum amount of local discretionary funding for local streets and roads. The MOE requirements were established based on the City of Santa Maria ’s discretionary spending reported during Year One, Fiscal Year 2010 -11, of the Measure A Program. This amount has increased incrementally over the l ifetime of the program. The MOE requirement for FY 2024/2025 is estimated to be $4,237,571.
The Resolution (Attachment A) contains a certification required by the Measure A ordinance. The City is required to certify that the City budget includes an amount of local discretionary funding to comply with the MOE requirements. The proposed City of Santa Maria 2024-26 budget shall include sufficient discretionary funding to meet the estimated MOE requirement.
Alternative(s)
The recommended action is to approve the Resolution approving the five -year Measure A POP. The alternative to the recommended action would be for the City Council to direct staff to make changes to the POP and bring the item back to the City Council for approval.
This would result in a delay in submitting the approved POP to SBCAG, which could delay the City’s funding.
Fiscal Considerations
This action is expected to bring over $7.7 million to the City of Santa Maria in FY 2025/2026 and a projected total of $37.9 million over the next five ye ars. Attachment B shows “Measure A Revenue Estimates from Santa Barbara County Association of 3 Governments (SBCAG)” by year in the second row of the table under “Revenues.” This does not include carryovers from the fund balance. The City must adopt a Resolu tion approving the Measure A Five -Year Local POP and certify the MOE requirement to secure this funding.
Impact to the Community
The Measure A Local POP will have a beneficial impact on the community by directing available Measure A revenues to the mainte nance of the City’s transportation infrastructure. This network of roadways, sidewalks, streetlights, traffic signals, drainage systems, and landscaping serves every resident of the community daily. The maintenance and operation of this system are of critical importance to nearly every aspect of the health of the community’s infrastructure.
ATTACHMENT(S)
A. Resolution
B. Five-Year Measure a Program of Projects
C. SBCAG TTAC Staff Report
Attachment A
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MARIA, CALIFORNIA,
APPROVING THE MEASURE A FIVE-YEAR LOCAL PROGRAM OF
PROJECTS FOR FISCAL YEARS 2025/2026 THROUGH 2029/2030; AND
CERTIFYING THAT THE CITY OF SANTA MARIA WILL PROVIDE
SUFFICIENT FUNDING IN THE 2025/2026 BUDGET TO MEET THE
MEASURE A MAINTENANCE OF EFFORT REQUIREMENT
WHEREAS, on November 4, 2008, the voters of Santa Barbara County approved Ordinance No. 5, the Road Repair, Traffic R elief, and Transportation Safety Measure , known as Measure A; and
WHEREAS, the City of Santa Maria held a public hearing per Section 18 of the Ordinance; and
WHEREAS, the Ordinance provides that the Santa Barbara County Local Transportation Authority shall annually approve a Program of Projects (POP) submitted by local jurisdictions identifying those transportation projects eligible to use Measure A funds during the succeeding five-year period; and
WHEREAS, the City of Santa Maria was provided with an es timate of annual Measure A local revenues for 2025/2026 through 2029/2030 to develop a local POP.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
SECTION 1. The City Council approves the Five-Year POP to be funded in part with Measure A revenues; and
SECTION 2. The City of Santa Maria certifies that it will include in its budget an amount of local discretionary funding for local streets and roads sufficient to comply with Maintenance of Effort requirements contained in Section 27 of the Ordinance; and
SECTION 3. The City of Santa Maria has complied with all other applicable provisions and requirements of the Ordinance; and
SECTION 4. The Chief Deputy City Clerk is hereby authorized to make mi nor 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.
///
Attachment A
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 15th day of April 2025.
ATTEST:
Chief Deputy City Clerk
Mayor
APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager
Local Street & Transportation Improvements
Project Descriptions
FY 2023/24
Actual
Expenditures
FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 TOTAL
Revenues
Measure A Carry-Over 6,938,632$ 2,999,799$ 2,147,391$ 1,219,935$ 212,890$ $ 6,938,632 Measure A Revenue Estimates from SBCAG 7,714,737$ 7,116,284$ 7,389,252$ 7,674,977$ 7,970,548$ $ 37,865,798 Total 14,653,369$ 10,116,083$ 9,536,643$ 8,894,912$ 8,183,438$ 44,804,430$ Maintainance, Improvement or Construction of Roadways & Bridges Roadway Maintenance and improvements 3,052,310$ 5,550,000$ 4,106,000$ 4,270,240$ 4,441,050$ 4,618,692$ 22,985,981$ Landscaping Maintenance 170,000$ 187,000$ 205,700$ 226,270$ 252,897$ 1,041,867$ Traffic Safety
Signage replacements and improvements 681,941$ 702,399$ 646,207$ 672,056$ 698,938$ 726,895$ 3,446,495$ Pavement delineation 676,072$ 696,354$ 640,646$ 666,272$ 692,923$ 720,639$ 3,416,834$ Street lighting maintenance and improvements 693,684$ 714,495$ 657,335$ 683,628$ 710,973$ 739,412$ 3,505,844$ Street lighting upgrades - Underlit neighborhoods 58,031$ 300,000$ 330,000$ 363,000$ 399,300$ 439,230$ 1,831,530$ Traffic signal maintenance and improvements 352,535$ 363,111$ 334,062$ 347,425$ 361,322$ 375,775$ 1,781,694$ Highway Improvements
TOTAL 5,514,573$ 8,496,359$ 6,901,250$ 7,208,320$ 7,530,775$ 7,873,540$ 38,010,245$ Alternative Transportation Expenditures
Project Descriptions
FY 2023/24
Actual
Expenditures
FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 28/29 TOTAL
Maintenance, Repair, Construction & Improvement of Bike & Ped Facilities, Safe Routes to School, & ADA Facilities 1,130,691$ 3,086,211$ 996,443$ 1,037,388$ 1,080,247$ 1,124,582$ 7,324,870$ City-wide Sidewalk Index 178,503$ 40,000$ 40,000$ 40,000$ 40,000$ 40,000$ 200,000$ Programs, Education, & Incentives to Reduce Single Occupant Auto Trips or Transportation Demand $ - 31,000$ 31,000$ 31,000$ 31,000$ 31,000$ 155,000$ TOTAL ALTERNATIVE TRANSPORTATION EXPENDITURES 1,309,194$ 3,157,211$ 1,067,443$ 1,108,388$ 1,151,247$ 1,195,582$ 7,679,870$ TOTAL EXPENDITURES 6,823,767$ 11,653,570$ 7,968,693$ 8,316,708$ 8,682,022$ 9,069,122$ 45,690,114$ Alternative Transportation Summary
TOTAL MEASURE A ALLOCATION (FY 2025/26 TO 2029/30) 37,865,798$
MINIMUM ALTERNATIVE PERCENTAGE PRESCRIBED BY INVESTMENT PLAN TO BE MET BY FY 2029/30 FOR FISCAL YEARS 2025/26 THROUGH 2029/30 15% TOTAL MEASURE A ALLOCATION TO ALTERNATIVE TRANSPORTATION 5,679,870$ PERCENTAGE OF MEASURE A ALLOCATION TO ALTERNATIVE TRANSPORTATION 15% Measure A Revenues
City of Santa Maria
Five-Year Measure A Program of Projects (FYs 24/25 to 28/29) Measure A Local Street and Transportation Improvements Submittal Form Measure A Revenues
Attachment B
STAFF REPORT
Board of Directors - SB
MEETING DATE: January 16, 2025
STAFF CONTACT: Jacky Mata, SBCAG
SUBJECT: FINAL MEASURE A REVENUE ESTIMATES FOR FISCAL YEARS 25/26 TO 29/30
ATTACHMENTS: Attachment A - Measure D and Measure A Revenues Attachment B - Development Schedule
Attachment C Measure A Local POP Submittal Form - FY 25-26 Attachment D Final FY 25-26 Tables 1-5
RECOMMENDATION:
Approve the final Measure A revenue estimates for Fiscal Years 2025/26 to 2029/30.
DISCUSSION:
As the Local Transportation Authority, SBCAG allocates Measure A transportation sales tax revenues according to the voter-approved ordinance and investment plan. Integral to this responsibility, SBCAG staff prepares five-year revenue estimates that are used annually to develop the Measure A Program of Projects (POP), which the SBCAG Board will adopt in May. The attached tables provide draft projected revenues for FY 2025/26 to FY 2029/30.
The revenue estimates reflect the repayment of a $75 million TIFIA loan to accommodate the construction of the U.S. 101 HOV Phase 4 project. This TIFIA loan issuance will impact the overall program, with debt payments that began in FY 2022/23.
The estimates allow local agencies to prepare their Measure A Programs of Projects. SBCAG is responsible for preparing the Authority Program of Projects. The Local Program of Projects will be due to SBCAG by March 31, 2025 . The draft Measure A Program of Projects will be presented for review in May and adopted by the Board in June.
Estimates of Measure A allocations for the five-year period are presented in the attached tables as follows in Attachment D:
Table 1 – Five-Year Measure A Revenue Estimate
Table 1 presents the overall Measure A program revenue estimate for the five-year period. HdL, SBCAG’s revenue analysis consultant, developed the revenue projection for FY 25/26, which is 2.4% higher than the projection for FY 24/25.
The 5-year revenue projections being presented take into consideration the following factors:
FY 25/26: The Federal Reserve is expected to continue its rate-cutting campaign through mid- 2026, with rates stabilizing between 2.75% and 3.00%, according to the Federal Open Market Committee (FOMC) members’ consensus projection for the anticipated trajectory of interest rates. likelihood a soft landing has increased significantly. However, short-term The of Attachment C
economic growth is projected to remain below average, reflecting ongoing economic risks and the time required for the full impact of these cuts to stimulate the economy. FY 26/27: Following several years of below-trend growth after the extraordinary surges in FY 20/21 and 21/22, which satisfied several years of future demand, growth is expected to accelerate. As the economy continues to normalize, the growth rate is anticipated to return to a rate closer to the long-term historical trend.
FY 27/28: The auto and transportation markets are expected to significantly contribute to renewed growth after years of market distortions. As inventory, pricing, and financing rates become more favorable, consumers will likely begin replacing vehicles that have reached an average age of 12.6 years. Additionally, the housing market is expected to ramp up as policymakers and the marketplace address the acute housing shortage in California.
FY 28/29: Business industrial development is projected to accelerate due to increased technological investments in automation, robotics, artificial intelligence, and the electrification of the economy. These investments will be necessary to address emerging challenges and are expected to result in robust returns on investment. This period is anticipated to see a faster increase in overall productivity compared to the post-2008 years, driving a cycle of improved growth.
FY 29/30 and beyond: This period represents a normal business cycle, eventually including a recession or economic slowdown. The United States will face challenges such as high debt levels, expanding burdens from entitlement programs, and an aging workforce, with the birth rate below the replacement rate. However, advancements in artificial intelligence (AI), robotics, and other technological innovations, along with immigration, may provide solutions to these issues. These factors could help offset labor shortages and enhance productivity, marking a significant shift from the recent post-2008 productivity slump, which is believed to have ended with the COVID-19 pandemic in 2019.
Table 1 shows annual deductions for CDTFA administration costs, which are a maximum of 1.15%. In addition, the table includes a gross revenue deduction of 1.0% for SBCAG administrative costs.
As discussed by TTAC, SBCAG was approved for a Federal TIFIA Loan by the Build America Bureau to provide financing for SBCAG’s Measure A match for the SB1 Cycle 1 award for construction of the U.S. 101 HOV project. This will be required to continue annual apportionments of Local Street & Transportation Improvement and transit funding while constructing segment(s) of the HOV project.
Debt service estimates have been incorporated in Table 1, which assumes a TIFIA loan of $75 million beginning in FY 22/23 and drawn down through FY 24/25. The borrowing amount and debt service estimates are the most conservative approach, with the possibility of being revised slightly downward.
This table also includes deductions off the top for consultant assistance, ongoing consultation with the financial advisor, and TIFIA reporting assistance.
This table includes the proposed deduction off the top for Replica. Replica is a planning tool that benefits planning projects, public outreach, application development, and numerous other tasks.
Following the September 2023 TTAC meeting, TTAC members agreed to fund a regionwide and ongoing subscription with off-the-top Measure A funds. Doing so would enable the region to retain access to Replica through the expiration of Measure A. To extend the current agreement, Replica offered a non-escalating fee of $96,000 annually through 2040 to cover all regional agencies. (The cost would have been approximately $500,000 annually if each agency subscribed individually).
Finally, the table assumes that interest will be earned on the Measure A fund balance and allocated at the same percentages as the sales tax revenues.
Attachment C
Table 2A – North County and South Coast Annual Allocation Table 2A lists the allocations to be made annually over the five-year period to programs in the North County and South Coast sub-programs. The investment plan specifies that the North County and South Coast programs receive 43.3% of the total measure revenues over 30 years. However, the amount of funding that projects or programs within the sub-programs are to receive is reflected in the investment plan as estimated revenues (in $) over 30 years, not as a percentage. So, dollar amounts have been used to derive a percentage of the sub-program revenue that each will receive annually.
The percentages reflected are the same as those from last year.
Table 2B – Highway 101 HOV Widening & Other Named Projects The estimated revenues available for the South Coast Highway 101 HOV project and other “named” projects are reflected in Table 2B. The estimate is derived by deducting the North County and South Coast annual allocation total from the net revenues available for allocation in Table 1.
Table 3 – Local Street & Transportation Improvement Revenues Table 3 derives the estimated North County and South Coast Local Street and Transportation Improvement revenues by jurisdiction within sub-regions using the LSTI estimate from Table 2A and population estimates from January 2024. The North County and South Coast unincorporated population split is based on the 2020 census. The investment plan specifies that each local agency on the South Coast will provide SBMTD with a percentage of their gross LTSI allocation for transit operations. These estimates are reflected in Table 3. The funds will be distributed directly to SBMTD per the investment plan. The table also reflects the minimum percentage of LTSI funding and the corresponding dollar amount each local agency must expend on alternative transportation by the end of the five-year period, as required by the Investment Plan.
Table 4 – Specialized Transit for Elderly & Disabled
Table 4 reflects the estimated revenues for Easy Lift, the sole specialized transit service provider on the South Coast, and a revenue estimate for the North County based on population and paratransit ridership. Per the investment plan, transit operators and Consolidated Transportation Service Agencies are eligible recipients of this funding, which is intended to reduce fares charged to the elderly and disabled by funding operating expenses of specialized services. Half of the annual North County Specialized Transit funding is allocated based on population, with a $5,000 base allocation to Guadalupe and SMOOTH, and the other half is allocated based on specialized transit ridership figures. Table 4 reflects population figures from the Department of Finance for January 2024 and specialized transit ridership figures from FY 23/24 provided by Transit Operators.
Table 5 – Local & Authority Program of Projects
This table summarizes revenue estimates reflected in Tables 1-4, organized by the two Programs of Projects, a Local program, and an Authority program, that the ordinance requires SBCAG to adopt annually. It includes a column showing which agencies are responsible for preparing the various components of the two POPs.
Program of Projects Submittal Form
Annually, SBCAG and local agency recipients of Measure A funds are required to adopt programs of projects showing how Measure A funds will be spent over the five-year period. The current Local Program of Projects Submittal form is included in Attachment C. It is based on Appendix B1 (Local Street and Transportation Improvements Funding Eligible Uses) and Appendix B2 (eligible Local Attachment C
Street and Transportation Improvements Funding Alternative Transportation Expenditures) of the Measure A Investment Plan.
The submittal form also includes a designated area for agencies to identify how they meet their prescribed alternative transportation expenditure percentages. These percentages for local alternative expenditures must be met by the end of the fourth quinquennium of the program (FY 29/30). One column is to be used exclusively by the County to identify expenditures on Class 2 bikeway maintenance that may be counted towards its alternative transportation percentage. The County may count 50% of such expenditures towards its percentages, but these expenditures may not exceed 50% of the prescribed rate in the five-year period.
Schedule
Attachment B to this report includes a summary schedule of the Measure A POP process. The local Programs of Projects are due to SBCAG by March 31, 2025. SBCAG staff will present them for review in May and adoption in June.
Attachment C
Attachment A
Measure D and Measure A Revenues
Fiscal Years 2005/06 to 2025/26
* Projected through end of Fiscal Year (Provided by HdL) ** Projected
Program Fiscal Year Revenues Growth Rate
Measure D
2005-06 $31,009,268
2006-07 $32,760,075 5.6%
2007-08 $32,573,516 -0.6%
2008-09 $29,769,950 -8.6%
2009-10 $27,047,320 -9.1%
Measure A
2010-11 $29,175,863 7.9%
2011-12 $32,084,170 10.0%
2012-13 $33,020,369 2.9%
2013-14 $34,817,454 5.4%
2014-15 $36,274,326 4.2%
2015-16 $36,952,647 1.9%
2016-17 $37,497,469 1.5%
2017-18 $37,255,453 -0.6%
2018-19 $42,398,043 13.8%
2019-20 $40,372,225 -4.8%
2020-21 $46,257,033 14.6%
2021-22 $53,769,084 16.2%
2022-23 $54,916,379 2.1%
2023-24 $54,989,323 0.1%
2024-25* $55,058,323 0.1%
2025-26** $56,352,323 2.4%
Attachment C
Attachment B
Measure A Program of Projects
Development Schedule
FY 2025/26 Cycle
Action Date
Review of Draft Revenue Estimates
SBCAG provides the Technical Transportation Advisory
Committee with a draft five-year estimate of the Measure A revenues for comment.
November 7
SBCAG approves Measure A Revenue Estimates for FY 25/26 January 16 POP Submittal Date
Local agencies and SBMTD Service Agencies submit a five-year program of projects to SBCAG. The project listing should be prepared and adopted consistent with the Measure A Ordinance.
March 31, 2025
Review of POPs
SBCAG staff reviews local programs of projects and seeks modifications as necessary. SBCAG staff also develops the Draft Measure A Program of Projects for review in May.
April 2025
Draft Measure A POP is presented to TTAC and SBCAG Board May 2025 SBCAG Board Approval of POP
SBCAG Board approves Local and Authority Program of Projects and allocation of Measure A funds for FY 25/26.
June 19, 2025
Attachment C
Local Street & Transportation Improvements Total Project Cost
For Santa Barbara County
Only
Project Descriptions
FY 23/24
Actual
Expenditures
Carry-over
from FY
23/24
Carry-over
from FY
24/25
FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 TOTAL Measure A Revenues Local State Federal TOTAL Non-Measure A
Revenues
Class 2 Bikeway Maintenance
Expenditure - Count as
Alternative Transportation
Expenditure
Maintainance, Improvement or Construction of Roadways & Bridges $0 $0 $0
$0 $0 $0
$0 $0 $0
Safety Improvements
$0 $0 $0
$0 $0 $0
$0 $0 $0
Urban Forestry Street Tree Program
$0 $0 $0
$0 $0 $0
$0 $0 $0
Storm Damage Repair to Transportation Facilities
$0 $0 $0
$0 $0 $0
$0 $0 $0
Roadway Drainage Facilities
$0 $0 $0
$0 $0 $0
$0 $0 $0
Traffic Signal Coordination, Intersection Channelization $0 $0 $0
$0 $0 $0
$0 $0 $0
Traffic Management
$0 $0 $0
$0 $0 $0
$0 $0 $0
Landscaping Maintenance
$0 $0 $0
$0 $0 $0
$0 $0 $0
Highway Improvements
$0 $0 $0
$0 $0 $0
$0 $0 $0
Matching Funds for State and Regional Programs and Projects $0 $0 $0
$0 $0 $0
$0 $0 $0
TOTAL 0 $ 0$ 0$ 0$ 0$ 0$ 0 $ 0 $ 0$ 0$ 0 $ 0 $ 0 $0
Alternative Transportation Expenditures Total Project
Cost
Project Descriptions
FY 23/24
Actual
Expenditures
Carry-over
from FY
23/24
Carry-over
from FY
24/25
FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 TOTAL Measure A Revenues Local State Federal TOTAL Non-Measure A
Revenues
Maintenance, Repair, Construction & Improvement of Bike & Ped Facilities $0 $0 $0 $0
$0 $0 $0
$0 $0 $0
Safe Routes to School Improvements
$0 $0 $0
$0 $0 $0
$0 $0 $0
Reduced Transit Fares for Seniors & Disabled
$0 $0 $0
$0 $0 $0
$0 $0 $0
Bus and Rail Transit Services and Facilties
$0 $0 $0
$0 $0 $0
$0 $0 $0
Programs, Education, & Incentives to Reduce Single Occupant Auto Trips or Transportation Demand
$0 $0 $0
$0 $0 $0
$0 $0 $0
TOTAL ALTERNATIVE TRANSPORTATION EXPENDITURES 0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 TOTAL EXPENDITURES 0 $ 0$ 0$ 0$ 0$ 0$ 0 $ 0 $ 0$ 0$ 0 $ 0 $ 0 Alternative Transportation Summary
TOTAL MEASURE A ALLOCATION (FY 2025/26 TO 2029/30) $0
MINIMUM ALTERNATIVE PERCENTAGE PRESCRIBED BY INVESTMENT PLAN TO BE MET BY FY 2029/30 FOR FISCAL YEARS 2025/26 THROUGH 2029/30 Enter
Percentage
TOTAL MEASURE A ALLOCATION TO ALTERNATIVE TRANSPORTATION $0 $0 PERCENTAGE OF MEASURE A ALLOCATION TO ALTERNATIVE TRANSPORTATION Enter Percentage
Measure A Revenues Non-Measure A Revenues
Non-Measure A Revenues
City/County of ______________
Measure A Local Street and Transportation Improvements Submittal Form Five Year Measure A Program of Projects (Fys 25/26 to 29/30) (Figures in $1000's)
Measure A Revenues
Attachment C
FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 TOTAL
Total Receipts1 $56,352,323 $58,060,323 $59,907,323 $61,838,323 $63,842,323 $300,000,615 Board of Equalization Costs ($650,352) ($669,994) ($691,234) ($713,441) ($736,487) ($3,461,507) Administrative Costs (up to 1.15% on receipts)
Administration: SBCAG Staff + Indirect Costs ($565,523) ($582,603) ($601,073) ($620,383) ($640,423) ($3,010,006) (no more than 1% of receipts for administration and
audits)
Measure A TIFIA Reporting, HdL revenue
analysis 3 ($60,000) ($60,000) ($60,000) ($60,000) ($60,000) ($300,000) Replica Annual Subscription 4 ($96,000) ($96,000) ($96,000) ($96,000) ($96,000) ($480,000) Debt Service on TIFIA Loan 2 ($2,836,542) ($8,476,292) ($8,473,474) ($8,468,250) ($8,469,173) ($36,723,731) Interest on Measure A Fund Balance $200,000 $200,000 $200,000 $200,000 $200,000 $1,000,000 Based on historical data
Available for Allocation $52,343,906 $48,375,434 $50,185,542 $52,080,249 $54,040,240 $257,025,371
1. Growth rate figures and revenue estimate for FY 25/26 provided by SBCAG's revenue analysis consultant, HdL.
2. Debt service estimates assume TIFIA loan of $75 million (drawn down through FY 24/25) at 4.02% assumed rate.
3. This also includes $50,000 for TIFIA reporting assistance and $10,000 for revenue monitoring services
4. Includes $96,000 annually for Replica
Table 1 - Total Receipts and Available Allocations
Final Five Year Measure A Revenue Estimate
FY 2025/26 to FY 2029/30
12/17/2024
Attachment C
Investment Plan
Total % FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 TOTAL North County Annual Allocations $455,000,000 43.3%
Local Street and Transportation Improvements $341,000,000 74.9% $16,986,230 $15,698,413 $16,285,815 $16,900,670 $17,536,711 $83,407,840 Specialized Transit for Elderly and Disabled $4,500,000 1.0% $224,158 $207,164 $214,915 $223,029 $231,423 $1,100,690 Safe Routes to School, Bicycle & Pedestrian Program $3,000,000 0.7% $149,439 $138,109 $143,277 $148,686 $154,282 $733,793 Carpool and Vanpool Program $2,000,000 0.4% $99,626 $92,073 $95,518 $99,124 $102,855 $489,196 Interregional Transit Program $22,500,000 4.9% $1,120,792 $1,035,819 $1,074,577 $1,115,147 $1,157,114 $5,503,450 Subtotal $18,580,246 $17,171,578 $17,814,102 $18,486,657 $19,182,385 $91,234,968 South County Annual Allocations $455,000,000 43.3%
Local Street and Transportation Improvements $330,650,000 72.7% $16,470,666 $15,221,936 $15,791,509 $16,387,703 $17,004,439 $80,876,253 Safe Routes to School Program $13,000,000 2.9% $647,569 $598,473 $620,867 $644,307 $668,555 $3,179,771 Bicycle & Pedestrian Program $13,000,000 2.9% $647,569 $598,473 $620,867 $644,307 $668,555 $3,179,771 South Coast Transit Capital Program $27,000,000 5.9% $1,344,951 $1,242,983 $1,289,493 $1,338,176 $1,388,537 $6,604,140 Interregional Transit Program $25,350,000 5.6% $1,262,759 $1,167,023 $1,210,690 $1,256,399 $1,303,682 $6,200,553 Specialized Transit for Elderly and Disabled $6,000,000 1.3% $298,878 $276,218 $286,554 $297,372 $308,564 $1,467,587 Carpool and Vanpool Program $7,000,000 1.5% $348,691 $322,255 $334,313 $346,935 $359,991 $1,712,184 Commuter/Passenger Rail $25,000,000 5.5% $1,245,325 $1,150,910 $1,193,975 $1,239,052 $1,285,683 $6,114,944 Subtotal $22,266,407 $20,578,272 $21,348,268 $22,154,251 $22,988,006 $109,335,203 $40,846,653 $37,749,850 $39,162,370 $40,640,908 $42,170,390 $200,570,172 FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 TOTAL
$11,497,253 $10,625,584 $11,023,171 $11,439,341 $11,869,850 $56,455,199Highway 101 HOV Widening & Other Named Projects Total of North & South Annual Allocations
Table 2A - North County and South Coast Annual Allocations Five Year Measure A Revenue Estimate
FY 2025/26 to FY 2029/30
Table 2B - Highway 101 HOV Widening & Other Named Projects Five Year Measure A Revenue Estimate
FY 2025/26 to FY 2029/30
12/17/2024
Attachment C
Jurisdiction Population Population % FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 TOTAL Alternative
Mode
Percentage
Total North County Estimates 238,018 100.000% $16,986,230 $15,698,413 $16,285,815 $16,900,670 $17,536,711 $83,407,840 Buellton 4,970 2.088% $442,156 $415,266 $427,531 $440,370 $453,651 $2,178,975 5% Guadalupe 8,676 3.645% $697,294 $650,352 $671,763 $694,175 $717,359 $3,430,942 5% Lompoc 43,610 18.322% $3,102,303 $2,866,347 $2,973,972 $3,086,626 $3,203,162 $15,232,411 15% Santa Maria 110,608 46.470% $7,714,737 $7,116,284 $7,389,252 $7,674,977 $7,970,548 $37,865,798 15% Solvang 5,663 2.379% $489,866 $459,226 $473,201 $487,830 $502,963 $2,413,085 15% Co. of Santa Barbara (unincorporated North County) 64,491 27.095% $4,539,874 $4,190,938 $4,350,096 $4,516,692 $4,689,028 $22,286,629 10% Total South Coast Estimates 205,605 100.000% $16,470,666 $15,221,936 $15,791,509 $16,387,703 $17,004,439 $80,876,253 Carpinteria 12,744 6.198% $1,096,109 $1,018,709 $1,054,013 $1,090,967 $1,129,194 $5,388,992 % of Gross Allocation for SC Transit Operations 7.96% $87,250 $81,089 $83,899 $86,841 $89,884 $428,964 Carpinteria $1,008,859 $937,620 $970,114 $1,004,126 $1,039,310 $4,960,029 10% Goleta 32,515 15.814% $2,641,470 $2,443,992 $2,534,066 $2,628,350 $2,725,882 $12,973,759 % of Gross Allocation for SC Transit Operations 13.18% $348,146 $322,118 $333,990 $346,417 $359,271 $1,709,941 Goleta $2,293,324 $2,121,873 $2,200,076 $2,281,933 $2,366,611 $11,263,818 10% Santa Barbara City 85,679 41.672% $6,796,927 $6,276,560 $6,513,911 $6,762,355 $7,019,360 $33,369,113 % of Gross Allocation for SC Transit Operations 26.05% $1,770,600 $1,635,044 $1,696,874 $1,761,594 $1,828,543 $8,692,654 Santa Barbara City $5,026,328 $4,641,516 $4,817,037 $5,000,762 $5,190,817 $24,676,459 10% Co. of Santa Barbara (unincorporated South Coast) 74,667 36.316% $5,936,159 $5,482,676 $5,689,520 $5,906,031 $6,130,002 $29,144,388 % of Gross Allocation for SC Transit Operations 11.12% $660,101 $609,674 $632,675 $656,751 $681,656 $3,240,856 Co. of Santa Barbara (unincorporated South Coast) $5,276,058 $4,873,002 $5,056,845 $5,249,280 $5,448,346 $25,903,532 10% South Coast Transit Operations Program TOTAL $2,866,097 $2,647,925 $2,747,438 $2,851,602 $2,959,355 $14,072,415 Population estimates reflect California Department of Finance (DOF) figures for January 2023. https://dof.ca.gov/forecasting/de mographics/estimates-e1/ North/South unincorporated split is based on 2020 US Census, 2020 American Community Survey, 5 year estimates All local jurisdictions receive a $100,000 base allocation Alternative Mode Percentages per the Measure A Investment Plan Table 3 - Local Agency Apportionments
Five Year Measure A Revenue Estimate
FY 2025/26 to FY 2029/30
12/17/2024
Attachment C
FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 TOTAL
North County
Population 238,018 100.000000% $112,079 $103, 582 $107,458 $111,515 $115,711 $550,345 Ridership* 88,616 100.000000% $112,079 $103, 582 $107,458 $111,515 $115,711 $550,345 Lompoc Valley
City of Lompoc Transit (COLT)
Population 60,644 25.478541% $28,556 $26,391 $27,379 $28,412 $29,482 $140,220 Ridership 9,346 10.546628% $11,821 $10,924 $11,333 $11,761 $12,204 $58,043 Lompoc Valley Total $40,377 $37,316 $38,712 $40,173 $41,685 $198,263 Santa Maria Valley 155,093 65.160124% $73,031 $67,494 $70,020 $72,663 $75,398 $358,605 Guadalupe Transit
Population $5,000 $5,000 $5,000 $5,000 $5,000 $25,000
Ridership 1,202 1.356414% $1,520 $1,405 $1,458 $1,513 $1,570 $7,465 Guadalupe Total $6,520 $6,405 $6,458 $6,513 $6,570 $32,465 Santa Maria Regional Transit (SMRT)
Population $63,031 $57,494 $60,020 $62,663 $65,398 $308,605 Ridership 12,346 13.932021% $15, 615 $14,431 $14,971 $15,536 $16,121 $76,674 SMRT Total $78,646 $71,925 $74,991 $78,199 $81,519 $385,280 Santa Maria Organization of Transportation Helpers (SMOOTH) $5,000 $5,000 $5,000 $5,000 $5,000 $25,000
Ridership 63,440 71.589781% $80, 237 $74,154 $76,929 $79,833 $82,838 $393,991 SMOOTH Total $85,237 $79,154 $81,929 $84,833 $87,838 $418,991 Santa Ynez Valley
Santa Ynez Valley Transit (SYVT)
Population 22,282 9.361335% $10,492 $9,697 $10,059 $10,439 $10,832 $51,520 Ridership 2,282 2.575156% $2,886 $2,667 $2,767 $2,872 $2,980 $14,172 Santa Ynez Valley Total $13,378 $12,364 $12,827 $13,311 $13,812 $65,692 NORTH COUNTY TOTAL $224,158 $207,164 $214,915 $223,029 $231,423 $1,100,690 South Coast
Easy Lift $298,878 $276,218 $286,554 $297,372 $308,564 $1,467,587 SOUTH COAST TOTAL $298,878 $276,218 $286,554 $297, 372 $308,564 $1,467,587 Notes:
- Population estimates reflect California Department of Finance (DOF) figures for January 2024. - Ridership figures are based on Fiscal Year 23/24 Specialized Transit figures provided by Transit Operators.
Table 4 - Specialized Transit for Elderly & Disabled
5-Year Measure A Revenue Estimate
FY 2025/26 to FY 2029/30
12/17/2024
Attachment C
Local Street & Transportation Improvements FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 POP Prepared by Buellton $442,156 $415,266 $427,531 $440,370 $453,651 City Guadalupe $697,294 $650,352 $671,763 $694,175 $717,359 City Lompoc $3,102,303 $2,866,347 $2,973,972 $3,086,626 $3,203,162 City Santa Maria $7,714,737 $7,116,284 $7,389,252 $7,674,977 $7,970,548 City Solvang $489,866 $459,226 $473,201 $487,830 $502,963 City Co. of Santa Barbara (North County) $4,539,874 $4,190,938 $4,350,096 $4,516,692 $4,689,028 County Co. of Santa Barbara (South County) $5,276,058 $4,873,002 $5,056,845 $5,249,280 $5,448,346 County Carpinteria $1,008,859 $937,620 $970,114 $1,004,126 $1,039,310 City Goleta $2,293,324 $2,121,873 $2,200,076 $2,281,933 $2,366,611 City Santa Barbara City $5,026,328 $4,641,516 $4,817,037 $5,000,762 $5,190,817 City Subtotal $30,590,800 $28,272,425 $29,329,887 $30,436,772 $31,581,795 North County FY 25/26 FY 26/27 FY 27/28 FY 28/29 FY 29/30 POP Prepared by Specialized Transit for Elderly and Disabled
- City of Lompoc Transit (COLT) $40,377 $37,316 $38,712 $40,173 $41,685 Lompoc - Guadalupe Transit $6,520 $6,405 $6,458 $6,513 $6,570 Guadalupe - Santa Maria Area Transit (SMAT) $78,646 $71,925 $74,991 $78,199 $81,519 Santa Maria - Santa Maria Organization of Transp. Helpers $85,237 $79,154 $81,929 $84,833 $87,838 SMOOTH - Santa Ynez Valley Transit (SYVT) $13,378 $12,364 $12,827 $13,311 $13,812 Solvang Safe Routes to School, Bike & Ped Program $149,439 $138,109 $143,277 $148,686 $154,282 SBCAG Carpool and Vanpool Program $99,626 $92,073 $95,518 $99,124 $102,855 SBCAG Traffic Solutions Interregional Transit Program $1,120,792 $1,035,819 $1,074,577 $1,115,147 $1,157,114 SBCAG South Coast
Specialized Transit for Elderly and Disabled
- Easy Lift $298,878 $276,218 $286,554 $297,372 $308,564 Easy Lift South Coast Transit Operations $2,866,097 $2,647,925 $2,747,438 $2,851,602 $2,959,355 SBMTD South Coast Transit Capital $1,344,951 $1,242,983 $1,289,493 $1,338,176 $1,388,537 SBMTD Safe Routes to School Program $647,569 $598,473 $620,867 $644,307 $668,555 SBCAG Bicycle and Pedestrian Program $647,569 $598,473 $620,867 $644,307 $668,555 SBCAG Interregional Transit Program $1,262,759 $1,167,023 $1,210,690 $1,256,399 $1,303,682 SBCAG Carpool and Vanpool Program $348,691 $322,255 $334,313 $346,935 $359,991 SBCAG Traffic Solutions Commuter/Passenger Rail $1,245,325 $1,150,910 $1,193,975 $1,239,052 $1,285,683 SBCAG Named Projects
Hwy 101 HOV Widening & Other Named Projects $11,497,253 $10,625,584 $11,023,171 $11,439,341 $11,869,850 SBCAG Subtotal $21,753,107 $20,103,009 $20,855,655 $21,643,478 $22,458,445 TOTAL $52,343,906 $48,375,434 $50,185,542 $52,080,249 $54,040,240 Table 5
Five Year Measure A Revenue Estimate
Local & Authority Program of Projects
FY 2025/26 to FY 2029/30
Authority Program of Projects
Local Program of Projects
12/17/2024
Attachment C
COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: Alex Posada, Director of Recreation and Parks
DATE: April 15, 2025
SUBJECT: Introduction of an Ordinance Amending Section 11 -9.05 of the Santa Maria Municipal Code Concerning Quimby Park Fees.
Description:
The City Council will conduct the first reading and introduction of an amending Section 11-9.05 of the Santa Maria Municipal Code Concerning Quimby Park Fees.
RECOMMENDATION:
1. Conduct the first reading and introduce an Ordinance amending Section 11-9.05(d)(2) of the Santa Maria Municipal Code; and
2. Set for adoption at the next regular City Council meeting
BACKGROUND:
The State of California recognized the need for municipalities and other local government agencies to provide new park and open space areas to meet the demands brought on by new residential development when it enacted Government Code Section 66477, more commonly known as the Quimby Act in 1974, which established a mechanism for cities to impose fees on new residential development to provide land and/or funds for parks and recreation purposes. In the City of Santa Maria, this fee is referred to as the “Subdivision In-Lieu Fee” (SDIL) and was adopted by the City Council as Section 11-9.05 of the Santa Maria Municipal Code (SMMC) in 1994 as part of the City’s Subdivision Ordinance. This fee program funded much of the expansion of existing parks and the development of new parks necessitated by the construction of new residential developments in the City.
SMMC Section 11-9.05(d)(2) has been titled “sub -division in-lieu fee” since its’ adoption in 1994. One of the proposed updates to the SMMC is to retitle this section as “Quimby Park Fee”, replacing “sub -division in-lieu fee”. This change would more clearly id entify the fee for future developers, staff, and residents, the term Quimby Park Fee is recognized statewide in the residential development industry. In preparation for future growth of the City it is important to update the terms and conditions of existin g ordinances that were created over 30 years ago to meet today’s demands for housing and open space.
Attachment B is the proposed update to the current ordinance and Attachment A is the existing Ordinance with redactions. Proposed changes include the auth orization for the Recreation and Parks Commission to act on the City Council’s behalf on most matters related to requests for land dedication vs. in -lieu fees, credits against the Quimby Park Fee and to consider/approve requests for the deferment of fees. The update also provides clarity on the terms for consideration of granting credits against the Quimby Park Fee for private recreational improvements. Provides a range of credit options for consideration under the Quimby Park Fee, depending on the general public benefit of the improvements/project. Eliminate s the terms under which credits are granted for senior projects or senior conversion projects. Senior housing projects may request credits under other sections of this Ordinance. Continue to provide opportunities for the deferment of fees, should the project qualify.
DISCUSSION:
SMMC Section 11 -9.05(d)(2) provides one of three fee programs that provide for the mitigation of new residential construction in the City. Over the past several years the City has been underwriting the cost of new residential development by having park fees in place that are insufficient to fund the open space needs created by new residential development. This update to the Ordinance is intended to provide clarit y to the City’s process, while still adhering to the terms and conditions of Government Code Section 66477. As City continues to expand, especially with a new General Plan underway and the concentration of new residential development in the core of the Ci ty, updates to this Ordinance are critical to be prepared for our anticipated growth.
Alternatives:
The City Council can choose to leave the Ordinance unchanged or adopt portions of the recommendations, and direct staff to bring back the item for further consideration in the future.
Fiscal Considerations:
Proposed updates to this section of the SMMC have no immediate impact on the City’s park fee program, it is intended to improve clarity, guidance, and oversight of the park fee program as the City contin ues to grow. The actual fees proposed under this section of the SMMC will come to the City Council later this year. It is important to note that the City has been successful in receiving over $15 million in state grants for park projects, however, these grant funds should not be co nsidered or used to supplant the requirements for park projects placed on new development and provided for by the Quimby Park Fee.
Impact to the Community:
Park development fees provide for the acquisition of park land and provide funding for the City to develop new and improve existing recreation and park facilities. Without the availability of such fees, park development would not be possible, adversely affecting the quality of life, and possibly impacting the decision of companies and businesses to base their operations in the City of Santa Maria.
Attachments
A: Ordinance- Quimby fee with Changes
B: Quimby Fee Proposal Update
Attachment A
1 ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA, CALIFORNIA, AMENDING SECTION 11-9.05 OF THE SANTA MARIA MUNICIPAL
CODE CONCERNING QUIMBY PARK FEES
The City Council of the City of Santa Maria, State of California, does ordain as follows:
SECTION 1. Section 11-9.05 of Chapter 11-9 the Santa Maria Municipal Code concerning Dedications—Public Parks is hereby retitled as follows: Quimby Fee Dedications —Public Parks.
SECTION 2. Section 11-9.05 of Chapter 11-9 the Santa Maria Municipal Code concerning Quimby Fee Dedications—Public Parks is hereby amended as follows:
Section 11-9.05 Dedications - Public Parks.
(a) General.
(1) This section is enacted pursuant to the authority granted by the Subdivision Map Act and the general police power of the City and is for the purpose of providing such additional park and recreational facilities and open space as appropriate pursuant to the General Plan. The park and recreational facilities for which dedication of land and/or payment of a fee is required by this section are in accordance with the policies, objectives, and standards for park and recreational facilities contained in the General Plan.
(2) For the purpose of this section, " Subdivision In-Lieu FeeQuimby Park Fee" shall mean either of the following:
(A) For all subdivisions noted in Section 11 -9.05(b)(1), the subdivision in-lieu feeQuimby Park Fee means the Quimby Act provisions of Government Code Section 66410 et seq. and of Chapter 9 of this title.
(B) For all residential developments not being subdivided as noted in Section 11-9.05(b)(2), the subdivision in -lieu fee Quimby Park Fee means the fee provisions of Chapter 9 of this title.
The subdivision in-lieu feeQuimby Park Fee is not the same as the residential development tax (Chapter 7 of Title 3) or the recreation and parks mitigation fee (Section 19 of Chapter 15 of Title 8).
(b) Applicability.
(1) The provisions of this section shall apply to all subdivisions with the exception of the following:
(A) Commercial or industrial subdivisions.
Attachment A
2 (B) Condominium projects or stock cooperative projects which consist of the subdivision of airspace within an existing apartment building which is more than five years old and by which no new dwelling units are added.
(C) Official tentative maps containing four or fewer parcels and not used for residential purposes. However, a condition may be placed on the approval of the official tentative map to the effect that if a building permit is requested for construction of a residential structure or structures on one or more of the lots within four years, the Quimby Park Ffee which is required at the time of building permit issuance may be required to be paid by the owner of each such parcel as a condition to the issuance of the building permit. (Reference: Government Code Section 66477).
(2) The provisions of this section shall apply to residenti al developments which are not being subdivided and have not previously been assessed fees pursuant to the provisions of this section. The exactions imposed upon these developments shall be paid at the earliest time allowed by lawprior to at building permit issuance.
(c) Requirements.
(1) As a condition of approval of an official tentative map, the subdivider shall dedicate land to the City, pay a subdivision in -lieu fee Quimby Park Fee to the City, or a combination of both, at the option of the City, for park or recreational purposes at the time and according to the standards described in Section 11 -9.05(d) of this chapter.
Dedications and/or fees Quimby Park Fees acquired for park and recreational uses shall be used as follows:
(A) To compensate the City for the cost of providing for the rehabilitation or construction of new park and recreational facilities; or
(B) To provide park and recreational facilities that will reasonably serve the residents of the development from which the exaction was obtained, and the amount and location of the Quimby Park F ees fee and /or land shall bear a reasonable relationship to the use of the park and recreational facilities by those future residents.
(2) Any Quimby Park Fees fee collected shall be committed within five years after the payment of such fee, or in the case of a subdivision, when building permits are issued on 1/2 of the lots created, whichever occurs later.
(3) Any Quimby Park Feesfee not committed shall be reimbursed to the then record owners of the subdivision pursuant to the procedure set forth in Government Code Section 66477(f). (Reference: Government Code Section 66477).
(d) Standards for Calculating Parkland Dedication or Quimby Park Fees.
(1) The amount of the subdivision in-lieu feeQuimby Park Fee or the amount of land to be dedicated, or both, shall be based upon the residential density of the site and Attachment A
3 the average household size according to the following standards:
(A) Res idential density shall be the total number of units proposed on the property by the official tentative map filed for Planning Commission action. In the case of a condominium project, the number of dwelling units shall be the number of condominium units.
(B) The average household size reflects the average for the area based on the latest Federal Census or a census taken by the California Department of Finance pursuant to Government Code section 40200 et seq. (hereinafter collectively referred to as “Census”)..
(C) The dedication of land, or the payment of Quimby Park Ffees, or both, shall not exceed the proportionate amount necessary to provide three (3) acres of park area per 1,000 persons residing within a subdivision, unless the amount of existing neighborhood and community park area, as calculated pursuant to this section, exceeds that limit, in which case the City CouncilRecreation and Parks Commission may adopt the calculated amount as a higher standard not to exceed five acres per 1,000 persons residing within a subdivision.
(D) The park area per 1,000 members of the population of the City shall be derived from the ratio of the amount of neighborho od and community park acreage bears to the total population of the City as shown in the most recent available Census. Federal Census . The amount of neighborhood and community park acreage shall be the actual accessible acreage of these parks within the City limits as shown on its records, plans, recreational element, maps, or reports as of the date of the most recent available CensusFederal Census.
(E) The City Council establishes that these Quimby Park Fees may be used within a specific subdivision, neighborhood, or to fund regional projects that will benefit the residents for the subdivision from which the Quimby Park Fee was extracted.
(E)F) Only the payment of subdivision in -lieu fee Quimby Park Fee s, as calculated in this chapter, may be required of developments of 50 lots or fewer.
Dedication of land may not be required. Provided however, that , except that when a condominium project, stock cooperative, or community apartment exceeds 50 dwelling units, dedication of land may be required notwithstanding that the number of parcels may be less than 50. However, nothing in this chapter shall prohibit the dedication and acceptance of land for park and recreation purposes in developments of 50 lots or fewer, where the subdivider proposes such dedication voluntarily and the land is acceptable to the City.
(2) The in-lieu feeQuimby Park Fee per acre shall be based on the Citywide average fair market value of land zoned for residential development that would be dedicated.
The value per acre may be amended by resolution of the City Council on the basis of a Citywide appraisal; or by information provided by the Director of Recreation and Attachment A
4 Parks. The value per acre may be amended no more than every 12 m onths. (Reference: Government Code Section 66477).
(e) Determination of Land or Quimby Park Fee.
(1) Whether the City accepts land dedication, or elects to require the payment of the subdivision in-lieu feeQuimby Park Fee, or a combination of both, shall be determined by consideration of the following:
(A) The policies, objectives, and standards for park and recreation facilities in the City's General Plan;
(B) The topography, geology, and location of and access to land in the subdivision available for dedication;
(C) The size and shape of the subdivision and land available for dedication;
(D) The feasibility of dedication;
(E) The availability of previously-acquired park property; and
(F) The location of existing or proposed park sites and recreation trails.
(2) The determination by the City Council as to whether land shall be dedicated, or the subdivision in-lieu feeQuimby Park Fee shall be charged, or a combination of both, shall be final and conclusive. (Reference: Government Code Section 66477).
(f) Procedure.
(1) At the time of approval or conditional approval of the official tentative map, the Planning Commission shall determine, based on recommendations from the Director of Recreation and Parks Recreation and Parks Commission , whether land, subdivision in-lieu feeQuimby Park Fees, or a combination of both, shall be dedicated and/or paid by the subdivider.
(2) The Planning Commission may approve, modify, or disapprove the recommendation of the Director of Recreation and Parks.
(32) The recommendation of the Director of Recreation and Parks Recreation and Parks Commission shall include the following:
(A) The amount of land required, or that the subdivision in-lieu feeQuimby Park Fee be charged instead of the dedication, or that a combination of land and Quimby Park Ffee be required; and
(B)The location of the park land and, where appropriate, the siting and conceptual design of the park facilities thereto, to be dedicated or used in lieu of Quimby Park Ffees; and
Attachment A
5 (C) The approximate time when the development of the park or recreation facility shall commence in the case of land dedication.
(43) Where dedication is required, the dedication shall be accomplished in accordance with the Subdivision Map Act and this title, and such land shall be conveyed to the City.
(54) Where subdivision in-lieu feeQuimby Park Fees are required, they are due and payable to the City at the time of building permit issuance.
(65) Open space covenants, easements or other appropriate designations for private park or recreational facilities shall be submitted to the City, in a form and type acceptable to the City Attorney and Director of Recreation and Parks, prior to approval of the final or parcel map by the City Council, and shall be recorded as part of the final or parcel map or recorded concurrently as a separate instrument with the final or parcel map.
(g) Private Parks/Open Space Maintained by Others.
(1) If private open space for park and recreational purposes is provided in a proposed development, and such space is to be privately owned and maintained by others, such areas are not entitled to any credit against Quimby Park Fees, unless public access is provided for in perpetuity. If public access is provided in perpetuity, such areas may be credited against not more than 60% of the requirement of dedication and development for park and recreation purposes, as set forth in this chapter, or the payment of the subdivision in-lieu feeQuimby Park Fee thereof, in accordance with Section 11-9.05(f) of this chapter, provided that the following standards are met:
(A) That yards, court areas, required setbacks and other open space areas required to be maintained by the zoning and building provisions of the City's Municipal Code shall not be included in the computation of such private open space; and
(BA) That the ownership and maintenance of the open space is adequately provided for; and
(CB) That the use of th e private open space is restricted for park and recreational purposes by recorded easements which run with the land in favor of the existing and future owners of property within the development and the public at-large and which cannot be modified or eliminated without the consent of the City Council; and payment of an amount equal to the initial credit given against the Quimby Park Fees and
(DC) That the proposed private open space is reasonably adaptable for park and recreational purposes, as determined by the Director of Recreation and Parks, taking into consideration such factors as size, shape, topography, geology, access, and location of the private open space land; and Attachment A
6 (ED) That facilities proposed for the open space are in substantial accordance with the provisions of the Land Use Element of the City's General Plan and are approved by the Recreation and Parks Commission; and
(FE) That the quality of all elements of recreation improvements shall meet the public playgrounds industry stan dards and the guidelines of the U.S.
Consumer's Product Safety Commission (CPSC).
(G) Nothing in this chapter shall prevent credit for lands used jointly for flood control as well as recreational purposes except that land inundated in an average annual storm shall not be given credit for recreational purposes.
(2) A minimum of fifteen hundred (1,500) square feet of landscaped space containing recreation facilities may qualify the applicant for credit to a maximum of 60% of the total subdivision in-lieu fee. All recreation facilities shall meet the CPSC Guidelines.
The actual amount of credit will be determined by the estimated value of the land as set forth in Section 11-9.05(d) of this chapter, and the cost estimates of the recreation facilities as approved by the Director of Recreation and Parks. These are calculated and available at the Recreation and Parks Department. All recreation facilities proposed for credit shall be approved by the Director of Recreation and Parks prior to approval of the official tentative map.
(32) Minor deviations from the standards of this section may be approved by the Director of Recreation and Parks, provided the changes are in conformance with the purpose and intent of this chapter.
(43) If a credit is received under this section, further credit may be given under Section 11-9.05(h), but in no case shall the total credit given under Sections 11 -9.05(g) and (h) exceed 6020%.
(54) If a credit is received under this section, no credit shall be available pursuant to Chapter 7 of Title 3 of the Municipal Code (Residential Development Tax), or Section 11-9.05(i) of this chapter. In addition, no credit shall be available pursuant to Municipal Code Section 8-15.19 unless the exemption provisions of Municipal Code Section 8-15.16 apply (AB1600 Growth Mitigation Fee).
(h) Other Credit - No Impact to Recreation or Park Facilities.
(1) There are few new development projects that will not impact the existing park system and recreational services offered by the City; therefor all new development must not only pay into the existing park system, but must also mitigate the impacts of new residential development. If a project can demonstrate that it will not have “any” impacts on the current and future park system and recreational services, the project may petition for a hearing before the Recreation and Park Commission for a reduction in fees; but in no case will the credit exceed 20% of the Quimby Fee.
If an applicant for a proposed residential development can meet a needs test proving that the residences will not impact typical neighborhood recreation and park facilities, Attachment A
7 the development may be eligible for credit of up to 60% of the required subdivision in-lieu fee. The Recreation and Parks Commission shall determine eligibility for thi s credit.
(2) If a credit is received under this section, further credit may be given under Section 11-9.05(g), but in no case shall the total credit given under Sections 11 -9.05(g) and (h) exceed 60%.
(3) If a credit is received under this section, no c redit shall be available pursuant to Chapter 7 of Title 3 of the Municipal Code (Residential Development Tax), or Section 11-9.05(i) of this chapter. In addition, no credit shall be available pursuant to Municipal Code Section 8-15.19 unless the exemption provisions of Municipal Code Section 8-15.16 apply (AB1600 Growth Mitigation Fee).
(i) Quimby Park Fee Deferments and Reductions.
(1) Deferments. If the Recreation and Parks Commission finds that a project will be built and operated for Lower Income Tenants, as defined by the latest United States Housing and Urban Development Department figures for the Santa Maria area, the payment of the subdivision in-lieu feeQuimby Park Fee may be deferred according to the following:
(A) One half of the fee amount shall be paid on or before one year fromprior to the issuance of building permits the date the City , and final payment of the second half of the fee shall be paid before the issuance of issues the last Certificate of Occupancy for the project, with the remainder of the fee due on or before one year thereafter together with interest based on the average interest rate of the Local Agency Investment Fund for the 12 month period (last four statements) ending 30 days prior to the date payment is due. An agreement and note secured by a Deed of Trust in a form acceptable to the City Attorney shall be entered into between the City and the subdivider.
Approval of the fee deferment shall be through a resolution adopted by the Recreation and Parks Commission.
(2) Reductions. If the City Council finds that a project will be built and operated for senior citizens, the City Council may, by resolution, approve a credit to a maximum of 60% of the total subdivision in-lieu fee. If the project does not remain as a seniors only project, the remainder of the subdivision in-lieu fee shall be paid. If a reduction is received under this section, no credits or reductions shall be available pursuant to Chapter 7 of Title 3 of the Municipal Code, or Sections 11 -9.05(g) and 11-9.05(h) of this chapter. In addition, no credit shall be availa ble pursuant to Municipal Code Section 8-15.19 unless the exemption provisions of Municipal Code Section 8-15.16 apply.
(3) Senior Conversions. If the City Council finds that a project that converts existing facilities to senior housing will provide on -site recreational facilities, the City Council may, by resolution, waive up to 100% of the subdivision inlieu fee. The waiver of all Attachment A
8 or a portion of the fee will be determined by the Director of Recreation and Parks based on the estimated cost of the on -site recreation facilities. If a reduction is received under this section, no credits or reductions shall be available pursuant to Chapter 7 of Title 3 of the Municipal Code, or Sections 11-9.05(g), 11-9.05(h), or 11-
9.05(i)(2) of this chapter. In addition, no credit shall be available pursuant to Municipal Code Section 8-15.19 unless the exemption provisions of Municipal Code Section 8-
15.16 apply.
SECTION 3. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA guidelines, and the City’s environmental procedures, and has been found to be exempt pursuant to Section 15601(b)(3) (general rule) of the CEQA Guidelines, because the City Council hereby finds with certainty that there is no possibility the passage of this Ordinance amending the zoning code will have a significant effect on the environment.
SECTION 4. If any part or provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the chapter, including the application of that part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of t his ordinance are severable.
SECTION 5. This Ordinance shall be in full force and effect 30 days after its passage.
Within 15 days following its passage, the City Clerk shall cause this Ordinance to be published in a newspaper of gen eral circulation in accordance with State Law; or when deemed necessary due to the length or complexity of the Ordinance, cause a summary of the Ordinance to be prepared and published at least five days prior to the City Council meeting at which the propos ed Ordinance is to be adopted. If a summary is published at least five days prior to the City Council meeting at which the proposed Ordinance is to be adopted, then within 15 days after adoption of the Ordinance the City Clerk shall publish a summary of t he Ordinance with the names of those City Council Members voting for and against the Ordinance and shall post a certified copy of the full text of such adopted Ordinance along with the names of those City Council Members voting for and against the Ordinance.
SECTION 6. 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.
INTRODUCED at a regular meeting of the City Council held the ___ day of ___, 2025 and PASSED AND ADOPTED the ___ day of _____, 2025 by the following roll call vote:
AYES:
NOES:
Attachment A
9 ABSENT:
ABSTAINED:
ATTEST:
Donna G. Schwartz
Chief Deputy City Clerk
Alice M. Patino
Mayor
APPROVED AS TO FORM:
_________________________
City Attorney
APPROVED AS TO CONTENT:
_________________________
Department Director
_________________________
City Manager
Integra Realty Resources
Los Angeles
Appraisal of Real Property
Residential Development Property - Quimby Act
Vacant Land - Hypothetical Property
Blosser Southwest Specific Plan Area
Santa Maria, Santa Barbara County, California 93458
Prepared For:
City of Santa Maria
Date of the Report:
February 19, 2025
Report Format:
Appraisal Report
IRR - Los Angeles
File Number: 219-2025-0009
Attachment B
Subject Photographs
Residential Development Property - Quimby Act
Blosser Southwest Specific Plan Area
Santa Maria, California
Aerial Photograph
Integra Realty Resources 12100 Wilshire Boulevard T 213.984.4425 Los Angeles Suite 800 www.irr.com
Los Angeles, CA 90025
February 19, 2025
Dennis Smitherman
Recreation Services Manager
City of Santa Maria
615 S. McClelland Street
Santa Maria, CA 93454
SUBJECT: Market Value Appraisal
Residential Development Property - Quimby Act
Blosser Southwest Specific Plan Area
Santa Maria, Santa Barbara County, California 93458
IRR - Los Angeles File No. 219-2025-0009
Dear Mr. Smitherman:
Integra Realty Resources – Los Angeles is pleased to submit the accompanying appraisal of the referenced property. The purpose of the appraisal is to develop an opinion of the market value, pertaining to the fee simple interest of a hypothetical residentially-zoned property in the Blosser Southwest Specific Plan area of Santa Maria.
The client and intended user is the City of Santa Maria. The intended use of the report is to assist the City of Santa Maria in establishing in-lieu fees for recreation and park purposes, in accordance with the Quimby Act established by the State of California. No other party or parties may use or rely on the information, opinions, and conclusions contained in this report.
The value conclusion in this report, which is for the purpose of determining development fees, such as Quimby Act fees, is predicated upon a hypothetical parcel of vacant residential land and is concluded on a per square foot basis. The subject parcel is therefore a hypothetical parcel located within the Blosser Southwest Specific Plan area of Santa Maria and is comprised of five acres, which is representative of a typical development site in the area. Based upon the agreed-upon scope of work in this analysis, the density of this hypothetical parcel is eight units per acre.
Dennis Smitherman
City of Santa Maria
February 19, 2025