1. If the Parties are unable to reach agreement on any particular issue relating to either Parties’ obligations pursuant to this Agreement, the Parties agree to promptly follow the issue resolution process as outlined below:
a. The Department’s project manager and the Recipient’s equivalent may initiate the process of informal dispute resolution by providing the other Party with written notice of a dispute. The written notice shall provide a clear statement of the dispute and shall refer to the specific provisions of this Agreement or Program Supplement that pertain to the dispute. The Department’s project manager and the Recipient’s equivalent shall meet and attempt to resolve the dispute within five days from the written notice. If the dispute is resolved, the Parties shall create and sign a short description of the facts and the resolution that was agreed upon by the Parties. b. If the disp ute is not resolved by the fifth day from the written notice , the Department’s senior project manager and the Recipient’s equivalent shall meet and review the dispute within five days. The Department’s senior project manager and the Recipient’s equivalent manager shall attempt to resolve the dispute within ten days of their initial meeting. If the dispute is resolved, the Parties shall create and sign a short description of the facts and the resolution that was agreed upon by the Parties. c. If the dispute is not resolved by the tenth day, the Department’s Director or his designee and the Recipient’s equivalent manager shall meet and review the dispute within five days. The Department’s Director or his designee and the Recipient’s equivalent manager shall attempt to resolve the dispute within ten days of the initial meeting. If the dispute is resolved, the Parties shall create and sign a short description of the facts and the resolution that was agreed upon by the Parties. If the dispute is not resolved by the tenth day by the Department’s Director or his designee and the Recipient’s equivalent manager, the Parties shall submit the matter to the Secretary of CalSTA for a final administrative determination.
H. Hold Harmless and Indemnification
1. Neither State nor any officer or employee thereof shall be responsible for any damage or liability occurring b y reason of anything done or omitted to be done by Recipient, its agents and contractors under or in connection with any work, authority, or jurisdiction delegated to Recipient under this Agreement or any Program Supplement or as respects environmental clean-up obligations or duties of Recipient relative to Project.
It is also understood and agreed that, Recipient shall fully defend, indemnify and hold the CTC and State and their officers and employees harmless from any liability imposed for injury and damages or environmental obligations or duties arising or created by reason of anything done or imposed by operation of law or assumed by, or omitted to be done Santa Maria Regional Transit
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by Recipient under or in connection with any work, authority, or jurisdiction delegated to Recipient under this Agreement and all Program Supplements.
2. Recipient shall indemnify, defend and hold harmless State, the CTC and the State Treasurer relative to any misuse b y Recipient of State funds, Project property, Project generated income or other fiscal acts or omissions of Recipient.
I. Labor Code Compliance
Recipient shall include in all subcontracts awarded using Project funds, when applicable, a clause that requires ea ch subcontractor to comply with California Labor Code requirements that all workers employed on public works aspects of any project (as defined in California Labor Code §§ 1720-1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective the date of Contract award by the Recipient.
J. Non-Discrimination Clause
1. In the performance of work under this Agreement, Recipient, its contractor(s) and all subcontractors, shall not unlawfully discriminate, harass or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability, mental disability, medical condition, age, marital status, family and medical care leave, pregnancy leave, and disability leave. Recipient, its contractor(s) and all subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Recipient, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code section 12900 et seq.), and the applicable regulations promulgated thereunder (California Code of Regulations, Tit le 2, section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.
2. Each of the Recipient’s contractors, subcontractors, and/or subrecipients shall give written notice of their obligations under this clause to labor organizations with which they have collective bargaining or other labor agreements. The Recipient shall include the non- discrimination and compliance provisions hereof in all contracts and subcontracts to perform work under this Agreement.
3. Should federal funds be constituted as p art of Project funding or compensation received by Recipient under a separate Contract during the performance of this Santa Maria Regional Transit
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Agreement, Recipient shall comply with this Agreement and with all federal mandated contract provisions as set forth in that applicable federal funding agreement.
4. Recipient shall include the non -discrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this Agreement.
5. The Recipient shall comply with the nondiscrimination program requirements of Title VI of the Civil Rights Act of 1964. Accordingly, 49 CFR 21 (Nondiscrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of The Civil R ights Act of 1964) and 23 CFR Part 200 (Title VI Program and Related Statutes—Implementation and Review Procedures) are made applicable to this Agreement by this reference. Wherever the term “Contractor” appears therein, it shall mean the Recipient.
6. The Recipient shall permit, and shall require that its contractors, subcontractors, and subrecipients will permit, access to all records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission or any other agency of the State of California designated by Department to investigate compliance with this Section J.
K. State Fire Marshal Building Standards Code
The State Fire Marshal adopts building standards for fire safety and panic prevention.
Such regulations pertain to fire protection design and construction, means of egress and adequacy of exits, installation of fire alarms, and fire extinguishment systems for any State-owned or State -occupied buildings per section 13108 of the Health and Safety Code. When applicable, Recipient shall request that the State Fire Marshal review Project PS&E to ensure Project consistency with State fire protection standards.
L. Americans with Disabilities Act
By signing this Master Agreement, Recipient assures State that Recipient shall comply with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 U.S.C. 12101 et seq.).
M. Access for Persons with Disabilities
Disabled access review by the Department of General Services (Division of the State Architect) is required for all publicly funded constr uction of buildings, structures, sidewalks, curbs and related facilities. Recipient will award no construction contract unless Recipient’s plans and specifications for such facilities conform to the provisions of sections Santa Maria Regional Transit
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4450 and 4454 of the California Government Code, if applicable. Further requirements and guidance are provided in Title 24 of the California Code of Regulations.
N. Disabled Veterans Program Requirements
1. Should Military and Veterans Code sections 999 et seq. be applicable to Recipient, Recipient will meet, or make good faith efforts to meet, the 3% Disabled Veterans Business Enterprises goals (or Recipient’s applicable highe r goals) in the award of every contract for Project work to be performed under these this Agreement.
2. Recipient shall have the sole duty and authority under this Agreement and each Program Supplement to determine whether these referenced code sections are applicable to Recipient and, if so, whether good faith efforts asserted by those contractors of Recipient were sufficient as outlined in Military and Veterans Code sections 999 et seq.
O. Environmental Process
Completion of the Project environmental process (“clearance”) by Recipient (and/or State if it affects a State facility within the meaning of the applicable statutes) is required prior to requesting Project funds for right-of-way purchase or construction. No State agency may requ est funds nor shall any State agency, board or commission authorize expenditures of funds for any Project effort, except for feasibility or planning studies, which may have a significant effect on the environment unless such a request is accompanied with all appropriate documentation of compliance with or exemption from the California Environmental Quality Act (CEQA) (including, if as appropriate, an environmental impact report, negative declaration, or notice of exemption) under California Public Res ources Code section 21080(b) (10), (11), and (12) provides an exemption for a passenger rail project that institutes or increases passenger or commuter services on rail or highway rights-of-way already in use.
P. Force Majeure
Each party will be excused from performance of its obligations where such non - performance is caused by any extraordinary event beyond its reasonable control, such as any non-appealable order, rule or regulation of any federal or state governmental body, fire, flood, earthquake, storm, hu rricane or other natural disaster, epidemic, pandemic, war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activiti es, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption, provided that the party excused hereunder shall use all reasonable efforts to minimize its non -performance and to overcome, remedy or remove such event in the shortest practical time.
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Should a force majeure event occur which renders it impossible for a period of forty -five (45) or more consecutive days for either party to perform its obligations hereunder, the Parties agree to negotiate in good fait h to amend the existing Master Agreement or Supplemental Agreement to deal with such event and to seek additional sources of funding to continue the operation of the Service.
ARTICLE IV – MISCELLANEOUS PROVISIONS
Section 1. Miscellaneous Provisions
A. Successor Acts
All statutes cited herein shall be deemed to include amendments to and successor statutes to the cited statues as they presently exist.
B. Successor and Assigns to the Parties
Neither this Agreement nor any right, duty or obligation hereunder may be assigned, transferred, hypothecated or pledged by any party without the express written consent of the other party; provided, that unless otherwise expressly required herein, a party shall not be obligated to obtain the written consent of the other party with respect to any contract related to the Service for the provision of goods and/or services to the contracting party in the ordinary course of business.
C. Notice
Any notice which may be required under this Agreement shall be in writing, shall be effective when received, and shall be given by personal service, or by certified or registered mail, return receipt requested, to the addresses set forth below, or to such other addresses as may be specified in writing and given to the other party in accordance herewith.
If given to the Department:
State of California
Department of Transportation
Division of Local Assistance
P.O. Box 942874
Sacramento, CA 994274-0001
Attention: Division of Local Assistance, TIRCP Contract Manager, Mail Stop 39
Santa Maria Regional Transit
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with a copy to:
California State Transportation Agency
915 Capitol Mall Suite 350 B
Sacramento, CA 95814
If given to the Recipient:
City of Santa Maria
110 East Cook Street
Santa Maria, 93454
Attention: Gamaliel Anguiano
D. Amendment
This Agreement may not be changed, modified, or amended except in writing, signed by the parties hereto, and approved in advance in writing by the Secretary, and any attempt at oral modification of this Agreement shall be void and of no effect.
E. Representation and Warranties of the Parties
1. Recipient hereby represents and warrants to the Department that:
a. Recipient is in good standing under applicable law, with all requisite power and authority to carry on the activities for which it has been organized and proposed to be conducted pursuant to this Agreement.
b. Recipient has the requisite power and authority to execute and deliver this Agreement and to carry out its obligations hereunder. The execution and delivery of this Agreement by such entity, the performance by it of its obli gations thereunder and the consummation of the transactions contemplated thereby have been duly authorized by the governing board of such entity and no other proceedings are necessary to authorize this Agreement or to consummate the transactions contemplat ed thereby. The Agreement have been duly and validly executed and delivered by such entity and constitute valid and binding obligations of such entity, enforceable against it in accordance with their terms, except to the extent that such enforceability may be subject to bankruptcy, insolvency, reorganization, moratorium or other laws now or hereinafter in effect relating to the creditor’s rights and the remedy of specific enforcement and injunctive and other forms of equitable relief, and may be subject to equitable defenses and to the discretion of the court before which any proceeding therefore may be brought.
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c. Neither the execution and delivery of this Agreement and the performance of its obligations thereunder nor the consummation of the transactions con templated thereby will (i) conflict with or result in a breach of any provision of any agreement to which Recipient is a party ; (ii) violate any write, order, judgment, injunction, decrees, statute, rule or regulation of any court or governmental authority applicable to such entity or its property or assets.
2. The Department does hereby represent and warrant with respect to each provision of this Agreement to the Recipient that:
a. It validly exists with all requisite power and authority to carry on the activities proposed to be conducted pursuant to this Agreement.
b. It has the requisite power and authority to execute and deliver this Agreement and to carry out its obligations thereunder. The execution and delivery of this Agreement, the performance by it of its obligations thereunder and the consummation of the transactions contemplated thereby have been duly authorized and no other proceedings are necessary to authorize this Agreement or to consummate the transactions contemplated thereby. The agreement have be en duly and validly executed and delivered by it and constitute valid and binding obligations, enforceable against it in accordance with their terms, except to the extent that such enforceability may be subject to bankruptcy, insolvency, reorganization, moratorium or other laws now or hereinafter in effect relating to creditor’s rights and other forms of equitable relief, and may be subject to equitable defenses and to the discretion of the court before which any proceeding therefore may be brought.
c. Neither the execution and delivery of this Agreement and the performance of its obligations thereunder nor the consummation of the transactions contemplated thereby will (i) conflict with or result in a breach of any provision of any agreement to which the Recipient is a party ; (ii) violate any writ, order, judgment, injunction, decree, statute, rule or regulation of any court or governmental authority applicable to such entity or its property or assets.
F. Construction, Number, Gender and Captions
The Agreement have been executed in the State of California and shall be construed according to the law of said State. Numbers and gender as used therein shall be construed to include that number and/or gender which is appropriate in the context of the text in which either is included. Captions are included therein for the purposes of ease of reading and identification. Neither gender, number nor captions used therein shall be construed to alter the plain meaning of the text in which any or all of them appear.
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G. Complete Agreement
This Agreement, including Appendices, constitutes the full and complete agreement of the parties, superseding and incorporating all prior oral and written agreements relating to the subject matter of this Agreement. All attached Appendices A and B are hereby incorporated and made an integral part of this Agreement by this reference.
H. Partial Invalidity
If any part of this Agreement is determined to be invalid, illegal or unenforceable, such determination shall not af fect the validity, legality or enforceability of any other part of this Agreement and the remaining parts of this Agreement shall be enforced as if such invalid, illegal or unenforceable part were not contained herein.
I. Conflicts
To the extent that any provision of or requirement of this Agreement may conflict with a provision or requirement of any other agreement between the parties hereto, or between a party hereto and any other party, which is attached to this Agreement as an appendix, the priority of agreements shall be employed to resolve such conflict. In the event of a conflict, the Master Agreement controls the Program Supplement and any further Amendments.
J. Counterparts
This Agreement may be executed in one or more counterparts and may include mult iple signature pages, all of which shall be deemed to be one instrument. Copies of this Agreement may be used in lieu of the original.
K. Governing Law
The Agreement shall be governed by and construed in accordance with the laws of the State of California.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized officers.
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORATION
City of Santa Maria
BY: ______________________________ BY: ____________________________ Santa Maria Regional Transit
Master Agreement No. 64SantaMariaMA
Marlon Flournoy
Deputy Director, Planning and
Modal Programs
David W. Rowlands
City Manager
DATE: ______________________________ DATE: ____________________________ APPROVED AS TO FORM AND PROCEDURE ATTEST:
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Donna G. Schwartz
Chief Deputy City Clerk
BY: _____________________________
Deputy Attorney APPROVED AS TO FORM:
DATE: _____________________________ Risk Manager
City Attorney
Attachment B
Santa Maria Regional Transit
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APPENDIX A
TIRCP PROGRAM GUIDELINES AND DEPARTMENT DELEGATION
MEMORANDUM
TO: City of Santa Maria Stakeholders
FROM: David W. Rowlands, City Manager
DATE: August 21, 2025
SUBJECT: Delegation of Authority for the Transit and Intercity Rail Capital Program (TIRCP)
This memorandum serves to formally designate the City of Santa Maria's Transit Manager as the delegated administrator for the Transit and Intercity Rail Capital Program (TIRCP) on behalf of the City. This action is in accordance with the agreement executed with the California Department of Transportation (Caltrans) for the TIRCP grant.
Effective immediately, Gamaliel Anguiano, Transit Manager, is hereby authorized to act as the official Project Administrator for the City of Santa Maria Regional Transit's TIRCP-funded projects.
This delegation includes, but is not limited to, the following responsibilities:
Serving as the primary point of contact for the State's Project Administrator, Cinthia Spitaleri, Branch Chief, Capital Projects Central Branch. Administering all Project-specific Program Supplements, as referenced in Article II, Section 2 of the Agreement.
Managing the complete performance of the work and scope as described in the approved Program Supplement.
Preparing and submitting all required documentation, including Progress Payment Invoices, Final Invoices, and the Project Closeout Report. Ensuring compliance with all reporting requirements from the California State Transportation Agency (CalSTA) and the California Air Resource Board (CARB), as detailed in Article III, Section 2(C) of the Agreement. Communicating any issues, such as schedule delays or cost overruns, to the State's representatives.
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This delegation of authority is critical to ensuring the efficient and compliant administration of the TIRCP grant. Mr. Anguiano will be responsible for upholding all the terms, conditions, and obligations set forth in the TIRCP Agreement.
Please direct all inquiries related to this program to Mr. Anguiano.
Sincerely,
David W. Rowlands
Attachment B
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APPENDIX B
RECIPIENT’S RESOLUTION
COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: Brett Fulgoni, Director of Public Works
DATE: September 16, 2025
SUBJECT: Adoption of a Resolution Authorizing Energy Efficiency Project for Facility Led Lighting Upgrades at Various City Facilities
Description:
The City Council will consider adopting a Resolution to authorize an Energy Efficiency Project Work Order for LED lighting upgrades across various City facilities, with a budget not exceeding $3,882,718 under PG&E’s Sustainable Solutions Turnkey Program. This project will replace outdated fluorescent and high-intensity discharge lighting with energy- efficient LED fixtures, reducing energy consumption, lowering operational costs, and improving lighting performan ce. Funded by a 0% loan from PG&E’s On -Bill Financing Program, the upgrades will enhance sustainability, reduce maintenance expenses, modernize infrastructure, and bring the City into compliance with Assembly Bill (AB) 2208 which went into effect January 1, 2025.
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 authorizing Energy Efficiency Project Work Order for LED lighting upgrades at various City Facilities in an amount not to exceed $3,882,718, under Pacific Gas and Electric Company’s (PG&E) Sustainable Solutions Turnkey Program and authorize the City Manager to execute the PG&E On-Bill Financing loan agreement.
BACKGROUND:
On November 20, 2018, the City Council approved participation in Pacific Gas and Electric Company’s (PG&E) Sustainable Solutions Turnkey Program an d adopted a Resolution authorizing the City Manager to enter into a Master Services Agreement (MSA) with PG&E for the Energy Efficiency Project, pursuant to Government Code 4217.12. The MSA anticipated a series of projects to be contracted through Work Orders, subject to the terms of the MSA. November 20, 2018, Council Agenda Report is attached for reference (Attachment B).
2 DISCUSSION:
Following the recommendations outlined in the Investment Grade Audit Report, City staff, in coordination with PG&E, propose a third Work Order Project for LED lighting upgrades at various City facilities.
LED Lighting Upgrades
The scope of work, totaling $3,882,718, includes retrofitting and replacing interior and exterior lighting fixtures currently using outdated fluorescent and high intensity discharge (HID) lighting. The upgrade will improve overall energy efficiency, reduce operational costs, and modernize facility infrastructure. Facilities included in this project are listed in Table 1 below.
Additional benefits include reduced future maintenance costs through the installation of long-lasting LED components and occupancy sensors where appropriate. These improvements will enhance reliability, operation, reduce energy use, and bring City facilities into compliance with AB 2208.
Table 1: List of Locations
Abel Maldonado Youth Center Los Flores Ranch
Blending Facility Maramonte Park
City Attorney/Code Compliance + Police
Department Media Center + Elwin Mussell
City Hall Minami Community Center
Edwards Community Center Paul Nelson Aquatic Center
Fire Administration Complex Police Department (New)
Fire Station #1 Public Works Operations
Fire Station #2 Ruffoni Building (Partial)
Fire Station #3 Recreation & Parks Equipment Storage
Fire Station #3 (New) Recreation & Parks Office
Fire Station #4 Safe Haven (Newlove Community Building) Fire Station #5 Town Center Mall Parking Garage B
(Attachment D)
Hagerman Complex Transit Center
Landfill and Scalehouse Veterans Memorial Center
Library (New) + Library Parking Structure
Alternative(s)
The alternative to the recommended action would be for the City Council to direct staff to revise the proposed Work Order and identify alternative projects.
Fiscal Considerations
The project will be fully funded by a 0% interest loan from PG&E’s On-Bill Financing (OBF) Program, which provides 0% interest loans to qualified non -residential customers for energy-efficient retrofit projects. (Attachment E and Attachment F) Loan repayment will 3 be covered by energy savings over the 10-year term. The project is expected to generate positive cash flow in the first year, with cumulative net savings estimated at $ 1.9 million over 10 years and $10.8 million over 20 years. (Attachment G)
Impact on the Community
The community will benefit from improved lighting quality, enhanced energy efficiency, and reduced operational costs at various City facilities. These upgrades will support sustainability goals and create more inviting environments for community events and public use.
ATTACHMENT(S)
A. Resolution
B. CAR PG&E SST Energy Efficiency Program
C. CSM Lighting Work Order
D. Parking Structure Map
E. PG&E Loan Agreement
F. PG&E Financing Supplemental
G. CSM Lighting Upgrades Pro Forma
Attachment A
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MARIA, CALIFORNIA
AUTHORIZING ENERGY EFFICIENCY PROJECT WORK ORDER
FOR LED LIGHTING UPGRADES AT VARIOUS CITY FACILITIES
IN AN AMOUNT NOT TO EXCEED $3,882,718, UNDER PACIFIC
GAS AND ELECTRIC COMPANY’S (PG&E) SUSTAINABLE
SOLUTIONS TURNKEY PROGRAM, AND AUTHORIZE THE CITY
MANAGER TO EXECUTE THE PG&E ON-BILL FINANCING
LOAN AGREEMENT
WHEREAS, the City of Santa Maria seeks to operate efficiently and in a manner that conserves energy usage and reduces operating cost; and
WHEREAS, the City of Santa Maria intends to provide LED Lighting Upgrades to improve energy efficiency at various City-maintained facilities; and
WHEREAS, the City of Santa Maria proposed to install new energy-efficient interior and exterior with lighting fixtures utilizing LED components at numerous buildings; and
WHEREAS, the City of Santa Maria has entered into a Master Services Agreement with Pacific Gas and Electric Company (PG&E) for the Sustainable Solutions Turnk ey Program for the Energy Efficiency Project; and
WHEREAS, the City of Santa Maria has entered into an agreement with PG&E for the Energy Efficiency Project pursuant to Government Code 4217.12; and
WHEREAS, the Sustainable Solutions Turnkey Program for the Energy Efficiency Project will be funded through a 0% interest loan from the PG&E ’s On-Bill Financing Program, to be repaid through energy savings realized over a 10-year period
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
SECTION 1. The City agrees to comply with all conditions and requirements set forth in the Master Services Agreement pursuant to Government Code Section 4217.12; and
SECTION 2. Authorizes the City Manager, or designee, to execute a Work Order subject to approval as to form by the City Attorney, in an amount not to exceed $3,882,718 for LED Lighting Upgrades to various City facilities.
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.
Attachment A
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held this 16th day of September 2025.
ATTEST:
Chief Deputy City Clerk
Mayor
APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager
Attachment B
Attachment C
Internal
CITY OF SANTA MARIA
SUSTAINABLE SOLUTIONS TURNKEY IMPLEMENTATION PROJECT WORK ORDER
This IMPLEMENTATION WORK ORDER (“Work Order”), effective as of the date of the last signature below (“Work Order Effective Date”) is made and entered into by and between City of Santa Maria (“City”) and Pacific Gas and Electric Company (“PG&E”). This Work Order is subject to the terms and conditions of the PG& E Master Services Agreement between City and PG&E entered into on or about February 26, 2019 (“Services Agreement”) and extended by the First Amendment to the Master Service Agreement (“AM1”) on or about February 15, 202 4, attached hereto as Exhibit 1 and incorporated herein. City and PG&E are referred to collectively as the “Parties.”
At a public hearing on August 20, 2019, the City’s governing body determined to enter into Work Orders for a series of projects, including the project that is the subject of this Work Order and adopted findings consistent with Government Code Section 4217.12 requirements that the anticipated costs of the energy conservation services provided und er this Work Order will be less than the City’s anticipated cost of energy that would otherwise have been consumed by the City in the absence of this Work Order . Based in part on those findings the City has determined that this Work Order is an Energy Conservation Contract under Government Code Section 4217.12.
In accordance with the provisions of the Services Agreement, the City authorizes PG&E to provide the Implementation Work, defined below in Section 1, subject to the terms of the Services Agreement, and hereby notifies PG&E to commence work on the following Project:
PROJECT NAME: City of Santa Maria - Implementation LED Lighting Upgrades PROJECT LOCATION: Various Locations, City of Santa Maria, Santa Maria, CA (“Project Sites”) (see Exhibit 2 Scope of Work for list of Project Sites) WORK ORDER AMOUNT: $3,882,718.00
1. SCOPE OF WORK
PG&E will procure equipment for, construct, implement, and deliver to City the measure (the “Project”) as described in the Scope of Work (“SOW”), at the facilities, owned and operated by the City, in the City of Santa Maria, CA (the “Sites”) listed in the SOW. The SOW is attached hereto as Exhibit 2 and incorporated herein. The services to be performed under this Work Order shall be referred to hereinafter as the “Implementation Work”. The Implementation Work consists of implementation of Energy Conservation M easure 1 - LED Lighting Upgrades (“ECM”) at Customer’s facilities as described in the SOW.
1.1 PG&E shall have no obligations to perform any Implementation Work under this Work Order until PG&E and City have both signed this Work Order. The issuance Attachment C
Internal
of this Work Order does not commit PG&E to perform any future work for City.
1.2 Subcontractors. PG&E reserves the right to engage third party subcontractors (“Subcontractors”) to perform some or a ll of the Implementation Work. PG&E agrees that, as between PG&E and City, PG&E shall be solely responsible for the Subcontractors performance of the Implementation Work under this Work Order. In addition, unless otherwise set forth in this Work Order, the fees and costs billed to City shall be inclusive of any and all fees and compensation due to any Subcontractors for services described in the SOW. PG&E shall be responsible for the payment of any compensation, monies, wages or other payment due or allegedly due to Subcontractors for services described in the SOW.
1.3 Term of Work Order. This Work Order shall commence upon the Work Order Effective Date and shall continue until the Implementation Work is complete , unless sooner terminated or extended as permitted under the Services Agreement (the “Work Order Term”). PG&E shall complete the Implementation Work generally in accordance with the milestone dates described in the Estimated Project Schedule attached hereto as Exhibit 4 and incorporated herein.
2. PERFORMANCE OF THE IMPLEMENTATION WORK
2.1 Project Construction.
2.1.1 PG&E’s Responsibilities.
2.1.1.1 Upon execution of this Work Order by both Parties, PG&E shall commence and complete construction and
implementation of the Project in accordance with the
Services Agreement, this Work Order, the attached SOW and any applicable Work Order modifications. PG&E will provide all professional and other services, labor, materials,
equipment, tools, transportation and other services necessary for the proper performance and completion of the
Implementation Work. PG&E will be responsible for the
means, methods, techniques, sequences and procedures to implement the Project, and shall oversee Project
construction. Permitting fees will be the responsibility of the City.
2.1.1.2 PG&E will use commercially reasonable efforts to minimize disruption to City’s use and operations at the Site. PG&E will provide at least ten (10) calendar days written notice to City of any planned power or other utilities outages that will be Attachment C
Internal
necessary for the Implementation Work. City will cooperate with PG&E in scheduling such outages, and City agrees to provide its reasonable approval of any scheduled outage.
2.1.2 City's Responsibilities.
2.1.2.1 City will provide PG&E with Site access necessary to permit PG&E to perform the Implementation Work on this Project.
While working on the Site, if requested by City, the PG&E Project team personnel will be located in an area adjacent to City's subject matter experts and technical personnel, and all necessary security badges and clearance will be provided for access to this area in accordance with City’s vendor policies.
Additionally, upon request City will provide to PG&E relevant site information or documents necessary to perform the
Implementation Work, including but not limited to a copy of this Work Order, all modifications, the Services Agreement, a copy of relevant drawings, specifications, operation and maintenance manuals for equipment at the Site, and other pertinent documents.
2.1.2.2 City will provide a location for a temporary staging area on Site for the storage and assembly of equipment for
completion of the Implementation Work, if needed.
2.1.2.3 City will coordinate the Implementation Work to be performed by PG&E with the City’s operations and other
activities and with any other construction project that is ongoing at or around the Site.
2.2 Commissioning Services . PG&E shall perform commissioning services in accordance with the equipment manufacturers’ startup and commissioning recommendations.
2.3 Substantial Completion.
2.3.1 Substantial Completion of a ECM will be achieved when PG&E has provided the City with: (i) all equipment specifications and ratings, (ii) demonstration of successful commissioning of the ECM, (iii) operating instructions, operations and maintenance manuals and schedules, recommended spare parts lists, and all other written information relating to the ECM, (iv) operations and maintenance training to City staff for the ECM, and (v) equipment warranties for the ECM; Attachment C
Internal
2.3.2 Promptly upon Substantial Completion of an ECM, PG&E will submit a Certificate of Substantial Completion for such ECM to City. Upon receipt of such certificate, City may inspect the ECM Implementation Work and meet with PG&E’s Project Manager to determine if the ECM has achieved Substantial Completion. City shall, within ten (10) business days of receipt of the Certificate of Substantial Completion, inform PG&E if City agrees that the ECM has achieved Substantial Completion. If City disagrees that the ECM has achieved Substantial Completion, City will specify in detail and in writing the deficiencies requiring correction in order to achieve Substantial Completion in accordance with this Work Order . When Substantial Completion has been achieved City will execute and return the Certificate of Substantial Completion to PG&E stating that: (i) the ECM has achieved Substantial Completion and the date on which it did so, and (ii) that on and after that date City will assume responsibility for the ECM’s operation, maintenance and repair, for damage to or destruction of the ECM, and for the ECM’s security and insurance coverage. Title to the ECM materials and equipment installed pursuant to this Work Order shall pass to City on the date of Substantial Completion together with equipment warranties.
2.4 Final Completion.
2.4.1 For purposes of this Work Order, the term “Final Completion” means the date when all of the following have been accomplished:
(a) each ECM has achieved Substantial Completion,
(b) all “punch list” items have been completed,
(c) PG&E has delivered to City: (i) a release of all lien rights, (ii) certification that all claims for payment for labor and equipment for which PG&E is responsible have been paid or satisfied, (iii) copies of waivers/releases of lien rights by Subcontractors that have furnished more than twenty-five thousand dollars and zero cents ($25,000.00) of goods, services or both for the Project, (iv) notice of all outstanding claims of PG&E or equipment or materials supplier or distributor that may affect City, PG&E or the Project, (v) a letter of indemnification regarding claims not addressed by waivers/releases, and (vi) removal of all of PG&E’s personnel, supplies, equipment, waste materials, rubbish, and temporary facilities from the Site.
2.4.2 Promptly after PG&E reasonably believes that Final Completion has Attachment C
Internal
occurred, PG&E shall issue to City a Notice of Final Completion (defined in Section 2.4.1). Thereafter, City shall determine if Project has achieved Final Completion status. City shall, within fourteen (14) business days, inform PG&E if City agrees the Project meets Final Completion status. If City disagrees that the Project has achieved Final Completion status, City will specify in detail and in writing th e deficiencies requiring correction in order to achieve Final Completion status. City’s failure to respond within the fourteen (14) day notice period shall be deemed acceptance that Final Completion has occurred. When Final Completion status has been achie ved, City will develop a Council Agenda Report and Resolution of Final Completion for City Council to (i) accept the Project as complete, and (ii) authorize City staff to proceed with final payment of the Project and deliver the City’s acknowledgment that Final Completion has been achieved. The date of Final Completion shall be the date when City Council adopts the Resolution of Final Completion.
2.5 PG&E shall not be liable for any claims, liabilities, or losses arising out of, resulting from, or in any way connected with, City’s: (a) neglect, misuse or abuse of the equipment; (b) use of unauthorized parts, or removal of any parts; (c) repair, modification or alteration of equipment by anyone other than authorized representatives as described in the warranties covering the equipment; (d) relocation of the equipment, or (e) use of the equipment prior to Substantial Completion.
2.6 PG&E shall carry both payment and performance bonds for the entire Project as described in the SOW and shall name the City as beneficiary.
3. ORDER OF PRECEDENCE
In the event of a conflict between the provisions of the Work Order, any modification to the Work Order, and the Services Agreement, the following order of precedence shall apply: (a) any modification to this Work Order, (b) the Work Order, and (c) the Services Agreement.
4. MODIFICATIONS
If a modification to this Work Order is necessary, the Parties agree to follow the modification process set forth in Article II, Section M of the Services Agreement.
5. AUTHORIZATION
Upon receipt of the Work Order, City shall review the Work Order and verify that the terms of the Work Order are acceptable to City. City’s execution of this Work Order shall indicate its Attachment C
Internal
acceptance of the terms and conditions set forth herein.
6. PAYMENT
6.1 City will pay PG&E for the Implementation Work as follows:
6.1.1 Upon Final Completion, PG&E shall invoice City and City shall pay PG&E a total amount of $3,882,718.00, in return for the Implementation Work. PG&E will track progress based upon an agreed upon percentage completion of each task line item in the Schedule of Values (“SOV”), attached hereto as Exhibit 5 and incorporated herein.
6.1.2 Upon Final Completion, PG&E will submit an invoice for any retention amount withheld by the City during the course of the Implementation Work.
6.2 Each PG&E invoice will reference this Work Order and be submitted to City’s billing address, which is City of Santa Maria, Public Works Department, 110 S.
Pine Street, Suite 101 , Santa Maria, CA 9345 8, or by email at [email protected]. City shall render, or instruct its financial institution to render, all payments to PG&E within net thirty (30) days of receipt of the invoice. Each payment made by City or its third -party designee must reference this Work Order and invoice number.
6.3 Payment Disputes. If a payment dispute arises under this Work Order that is not settled promptly in the ordinary course of business, the dispute shall be resolved in accordance with Article II, Section J of the Services Agreement.
Notwithstanding anything to the contrary in the Services Agreement or this Work Order, pending the resolution of the issues(s), PG&E may temporarily suspend its performance of the Implementation Work without being deemed in breach under this Work Order until such dispute has been resolved
7. NOTIFICATIONS AND INTERFACE
Both Parties shall contact and/or deliver written notices, including by email, to the business contacts below in the normal course of business, and in the event of any problems which may significantly affect the performance of the Implementation Work under this Work Order.
Attachment C
Internal
CITY REPRESENTATIVE PG&E REPRESENTATIVE
Name Brett Fulgoni Name John Garnett
Title Director of Public Works Title Product Manager, Principal Address 110 S. Pine St. Suite 221 Address 300 Lakeshore Dr.
Santa Maria, CA 93458 Oakland, CA 94612
Telephone (805) 925-0951 ext. 2225 Telephone 415-672-1746 (mobile) Email [email protected] Email [email protected]
8. OWNERSHIP OF EQUIPMENT
a. Ownership and title to any equipment purchased by PG&E on City’s behalf pursuant to this Work Order will be transferred to City upon Substantial Completion in accordance with Section 2.3 and no further agreement will be necessary to transfer ownership to the City.
b. PG&E shall not be liable for any claims, liabilities, or losses arising out of, resulting from or in any way connected with Customer’s use of the equipment, subject to Article II, Section E Warranties of the Services Agreement.
9. REQUIRED CLAUSES
Clauses required to be included in this agreement by California law, including the provisions of the California Public Contract Code and those concerning prevailing wage requirements, if applicable, are incorporated herein by this reference.
10. AUTHORITY
Each Party represents and warrants that the individual signing below, as well as any Change Orders and approvals hereunder, has and shall have all requisite power and legal authority to bind the Party on whose behalf he/she is signing to that Party’s obligations hereunder.
Attachment C
Internal
IN WITNESS WHEREOF, the Parties agree to be bound by this Work Order as of the Work Order Effective Date.
“PG&E” “City”
PACIFIC GAS AND ELECTRIC COMPANY CITY OF SANTA MARIA
a Municipal Corporation
a California corporation
By: By:
MIKE DELANEY DAVID ROWLANDS
VP, Utility Partnerships & Innovation City Manager
ATTEST
By:
DONNA SCHWARTZ
Chief Deputy City Clerk
APPROVED AS TO FORM
Risk Manager
City Attorney
APPROVED AS TO CONTENT
Director of Public Works
Attachment C
Internal
EXHIBIT 1
MASTER SERVICES AGREEMENT
(see attached)
Attachment C
Internal
EXHIBIT 2
SCOPE OF WORK (”SOW”)
(Including Assumptions, Clarifications and Exclusions)
ECM 1: LED Lighting Upgrades
Background
The City has numerous buildings with interior and exterior lighting fixtures that are operating with inefficient fluorescent and high intensity discharge lighting fixtures. Retrofit and replacement of these fixture components will create energy savings and ensure proper lighting system operation for the equipment’s next life cycle.
Scope Overview
This scope will retrofit or replace 6,073 light fixtures with LED components and install 316 occupancy sensors. This new equipment will ensure reliable operation, reduce energy usage, and provide improved lighting performance.
Scope of Work
A detailed lighting scope of Work for each building, by space, is provided in:
Exhibit 3 – Lighting Room by Room Descriptions
The locations included in the Scope of Work are listed below.
Table 1: List of Locations
Abel Maldonado Youth Center Los Flores Ranch
Blending Facility Maramonte Park
City Attorney/Code Compliance + Police
Department Media Center + Elwin Mussell
City Hall Minami Community Center
Edwards Community Center Parks & Rec. Equip. Storage
Fire Administration Complex Paul Nelson Aquatic Center
Fire Station #1 Police Department (NEW)
Fire Station #2 Public Works Operations
Fire Station #3 Recreation & Parks Office
Fire Station #3 (NEW) Ruffoni Building (Partial)
Fire Station #4 Safe Haven (Newlove Comm. Bldg)
Fire Station #5 Town Center Mall Parking Garage B (see
exhibit 6)
Hagerman Complex Transit Center
Landfill and Scalehouse Veterans Memorial Center
Library (New) +Library Parking Structure
Attachment C
Internal
Attachment C
Internal
Training
PG&E’s Training Plan is intended to ensure that City personnel are provided the knowledge and procedures needed to successfully operate the installed systems and maintain the persistence of the ECM. Training will be conducted during Project Closeout to provide clarity on the goals and scope of work for each energy measure to equip City staff with the proper understanding in the use and maintenance of each measure. The following items will be covered during the training session:
Manufacturer data and cutsheets will be provided for supplied material. Operations procedures: overview of the measure scope, and how the measure works. Key parameters forming basis of savings, and variables to maintain and sustain savings.
Equipment covered under warranty, warranty procedures and provide an opportunity to operators to ask questions.
Project Meetings
1) A kickoff meeting will be conducted with the City to discuss the following:
a) Site-specific Safety Plan including provisions related to COVID-19 b) Project approach and schedule.
c) City’s expectations, needs and preferences as well as any issues or constraints. d) Site work protocols and procedures including safety, security, allowable work hours, vehicle parking, laydown/storage areas, and access to facility. 2) Weekly status updates, planning and coordination meetings with City in-person or via telephone conference call as appropriate.
Communications Plan
PG&E’s communication plan establishes a schedule for project meetings to ensure team members communicate with City stakeholders at prescribed intervals to consider technical design issues, discuss construction schedules and progress, quality, and safety concerns, develop mitigation strategies and schedules to address project risks, and monitor the progress of risk mitigation efforts. In addition to the kickoff meeting, our project management process includes weekly project meetings as detailed in the following table.
Communication/
Meeting Frequency Responsible Organization Required Attendees/ Distribution Purpose
Subcontractor Coordination
Meeting Daily Project Manager PM, subcontractor team
leads
Project schedule, work plan,
risks, issues, access, process
improvement, quality
assurance and safety review
Project Coordination Meeting Weekly Project Manager
Designated client
representative(s) from
affected department(s),
PM
Project schedule, access and
risks issues, process
improvement, quality
assurance and safety review
Attachment C
Internal
Warranty
PG&E will be responsible for managing warranty activity for two years after Final Completion.
PG&E will deliver to the Owner, in PDF format, the manufacturer warranties for all equipment and components installed. At the completion of the Work, the Owner will manage warranty activity. In some instances, warranty periods on equipment may extend beyond the two-year period. An initial ECM warranty summary is provided below:
General Assumptions and Clarifications
The following assumptions and clarifications apply to the scope and costs in this proposal. 1) The City will provide a location for a construction trailer as well as storage trailers for materials.
2) Construction pricing assumes that no unreasonable or unusual environmental requirements are imposed by the governing bodies with jurisdiction over the wastewater treatment plant. 3) Hazardous Material Removal and Disposal, including but not limited to Asbestos and Lead Based Paint, will be handled directly by the City. The City will provide testing at all locations where construction activities will take place and where there is potential for hazardous material. In the event hazardous material is encountered, PG&E will immediately notify the City’s Representative and suspend work pending resolution. 4) Daily working hours will be 4:30p – 1a, Monday through Friday excluding weekends and holidays. Some work, such as equipment startup, may require alternate hours and days.
Contractor and City will mutually agree on access and security requirements to facilitate the Work.
5) No natural heritage issues exist on-site for our work. 6) PG&E reserves the right to modify pricing and / or schedule in the event of found conditions which differ materially from information provided by the City or what is reasonably anticipated given the nature of the work.
7) Unrestricted site access for personnel, equipment and materials is required. PG&E will coordinate scheduling of the work with the City’s Representative to ensure minimal impact. 8) Any change in proposed quantities or recommended retrofits/replacements will require a revision to the price and schedule.
9) Attic stock or material to be left onsite after the job has been completed is included and represents 2% of all lamps used, and 1% of retrofit kits.
Equipment Warranty Period Expected Service
Life
Reference for
Expected Life
LED T8 Lamps, Luminaires
and Retrofit Kits
CONTRACTOR
Two (2) year parts and site labor
Manufacturer
Five (5) year material only
50,000 -100,000
hours
Manufacturer’s
Specification Sheets
Attachment C
Internal
10) The City is waiving plan check, Permits and associated fees. 11) City review time for lighting product submittals will not exceed ten working days.
Exclusions
1) For lighting work, we are excluding the following items:
a) Any work or repairs to existing systems or components that will be reused (electrical wiring and conduit) not identified in our scope of work b) Any change in layout or unforeseen electrical issues (quoted scope and price assumes one for one replacement only)
c) Electrical repairs, replacement, rework, or modifications beyond the initial fixture connection
d) T-bar ceiling replacement/repair work
e) Design drawings
f) Repairs to existing non-code compliant conditions.
Attachment C
Internal
Exhibit 3
CSM Lighting Line-by-Line
(see attached)
Attachment C
Internal
Exhibit 4
Estimated Project Schedule
PG&E will begin work immediately on the Work Order Effective Date. The estimated project schedule is shown in the chart below assuming Work Order Effective Date is approximately July 1, 2025. An updated project schedule will be provided in conjunction with the kickoff meeting.
Period Highlight: 1
MONTHS
Apr-25 May-25 Jun-25 Jul-25 Aug-25 Aug-25 Oct-25 Oct-25 Dec-25 Dec-25 Jan-26 Mar-26 Apr-26 May-26 Jun-26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Installation Phase
Submittal Review and
Finalize Design
1 2 0%
Procurement and
Construction
3 10 0%
Training and Closeout 13 2 0%
First OBF Payment 15 1 0%
Select a period to highlight at right. A legend describing the charting follows.
ACTIVITY
PLAN
START
(month)
PLAN
DURATION
(months)
PERCENT
COMPLETE
Plan Duration
Actual (beyond plan)
Attachment C
Internal
Exhibit 5
Schedule of Values
Attachment C
Internal
Exhibit 6
Parking Structure Map
Parking Structure for
Lighting Project
Parking
Structure
for
Lighting
Project
Attachment D
____________________________________________________
Automated Document – Preliminary Statement Part A
1 Form 79-1118
Advice 4909-G/7256-E
May 2024
LOCAL AGENCY AND DISTRICT
CUSTOMERS
ON-BILL FINANCING LOAN AGREEMENT
The undersigned Local Agency or District 1 Customer (“Customer”) has contracted for the provision of energy efficiency/demand response equipment and services (the “ Work”) which qualify for one or more of PG&E’s applicable rebate or incentive programs. Subject to the conditions (including the process for Adjustment and preconditions to funding) set forth below, Pacific Gas and Electric Company ( “PG&E”) shall extend a loan (the “ Loan”) to Customer in the amount of the loan balance (the “ Loan Balance”) pursuant to the terms of this On-Bill Financing Loan Agreement (“ Loan Agreement ”) and PG&E’s rate schedules E-OBF and/or G-OBF, as applicable (the “Schedule”).
To request the Loan, Customer has submitted a completed On-Bill Financing Application and associated documentation as required by PG&E (the “Application”). Collectively the Application and this Loan Agreement (including any Adjustment hereunder) comprise the “Agreement".
1. Customer shall arrange for its Contractor, as identified at the end of this Agreement (“Contractor”), to provide the Work as described in the Application.
2. The estimated Loan Balance is set forth below. The total cost of the Work as installed, rebate/incentive for qualifying energy efficiency measures, Loan Balance, monthly payment, and loan term specified in this Loan Agreement may be adjusted, if necessary, after the Work and the post-installation inspection described in the Application and/or herein are completed (the “ Adjustment”). The Adjustment will be calculated using the actual total cost of the Work, as installed, and the estimated energy savings (as described in the Application) of such Work. In no event will the Loan Balance be increased without Customer’s written consent, even if Customer is eligible for such increased Loan Balance. Moreover, in no event will the Loan Balance exceed the maximum loan amount stipulated in the Application. Customer understands that in order to be eligible for the Loan, the initial Loan Balance for Work may not fall below the minimum loan amount, nor may the payback period exceed the maximum payback period. Accordingly, if after the Adjustment, the Loan Balance falls below the minimum loan amount or if the simple payback period exceeds the program maximum payback period, each as described in the Application, PG&E shall have no obligation to extend the Loan, as the Work would not meet program requirements. The Adjustment described in this paragraph will be communicated to the Customer in writing and will automatically become part of this Loan Agreement, except that any proposed increase in the Loan Balance will only become part of this Loan Agreement upon Customer’s written consent to such increase.
3. PG&E shall have no liability in connection with, and makes no warranties, expressed or implied, regarding the Work. The Parties acknowledge and agree that PG&E is only providing the Local Agency or District cited here with financing. The Customer has independently hired contractors ("Local Agency or District Contractors") to perform the work on behalf of the Customer to qualify for financing. The Customer acknowledges and agrees that the Local Agency or District Contractors are not third party beneficiaries to this agreement between the Customer and PG&E. To the extent authorized by law and subject to appropriation of the Legislature, the Customer agrees that it will look only to Local Agency or District Contractors for any claims related to the installed equipment or its performance and that PG&E shall have no responsibility or liability, except for the payment of the loan proceeds, and the Customer shall indemnify PG&E for any claims made by the Local Agency or District Contractors against PG&E.
4. Customer represents and warrants that (a) Customer is receiving this Loan solely for Work obtained in connection with Customer’s business, and not for personal, family or household purposes; (b) Customer, if not an individual or a government agency, is duly organized, validly existing and in good standing under the laws of its state of formation, and has full power and authority to enter into this Agreement and to carry out the provisions of this Agreement. Customer is duly qualified and in good standing to do business in all jurisdictions where such qualification is required; (c) this Loan Agreement has been duly authorized by all necessary proceedings, has been duly executed and delivered by Customer and is a valid and legally binding agreement of Customer duly enforceable in accordance with its terms; (d) no consent, approval, authorization, order, registration or qualification of or with any court or regulatory authority or other governmental body having jurisdiction over Customer is required for, and the absence of which would adversely affect, the legal and valid execution and delivery of this Loan Agreement, and the performance of the transactions contemplated by this Loan Agreement; (e) the execution and delivery of this Loan Agreement by Customer hereunder and the compliance by Customer with all provisions of this Loan Agreement: (i) will not conflict with or violate any Applicable Law; and (ii) will not conflict with or result in a breach of or default under any of the terms or provisions of any loan agreement or other contract or agreement under which Customer is an obligor or by which its property is bound; and (f) all factual information furnished by Customer to PG&E in the Application and pursuant to this Agreement is true and accurate.
5. The Application must include the Federal Tax Identification Number or Social Security Number of the party who will be the recipient of the checks for the rebate/incentive or any Loan proceeds. Checks may be issued directly to the Customer or its designated Contractor or both, for the benefit of the Customer, as specified below. Customer acknowledges that PG&E will not be responsible for any tax liability imposed on the Customer or its contractor in connection with the transactions contemplated under the Agreement, whether by virtue of the Loan contemplated under the Agreement, or otherwise, and Customer shall indemnify PG&E for any tax liability imposed upon PG&E as a result of the transactions contemplated under the Agreement.
________________________________________________________________________________ 1 Local Agency or District as defined in California Government Code §50001 and §58004.
Attachment E
____________________________________________________
Automated Document – Preliminary Statement Part A
2 Form 79-1118
Advice 4909-G/7256-E
May 2024
6. Upon completion of the Work, Customer shall send a written confirmation of completion to PG&E’s On-Bill Financing Program Administrator at the address listed in Section 15. Within 60 days after receiving the confirmation, PG&E (a) will conduct a post installation inspection and project verification, including review of invoices, receipts and other documents as required by PG&E to verify the correctness of any amounts claimed by Customer; and (b) will adjust, if necessary, the total cost, incentive, Loan Balance, monthly payment, and loan term as stated above. Customer shall give PG&E reasonable access to its premises and the Work. If the Work conforms to all requirements of the Agreement and all amounts claimed by Customer as Work costs are substantiated to PG&E’s reasonable satisfaction, PG&E will issue a check (“ Check”) to Customer or Contractor (as designated by Customer in Section 15) for all amounts PG&E approves for payment in accordance with the Agreement. The date of such issuance is the “ Issuance Date”. If the Check is issued to Customer, Customer shall be responsible for paying any outstanding fees due to Contractor for the Work. If the Check is less than the amount due from Customer to Contractor, Customer shall be responsible for the excess due to the Contractor.
7. Customer shall repay the Loan Balance to PG&E as provided in this Loan Agreement irrespective of whether or when the Work is completed, or whether the Work is in any way defective or deficient, and whether or not the Work delivers energy efficiency savings to Customer.
8. The monthly payments will be included by PG&E on the Account's regular energy service bills, or by separate bill, in PG&E’s discretion.
Regardless whether the monthly payments are included in the regular utility bill or a separate loan installment bill, the following repayment terms will apply:
a. The Customer agrees to repay to PG&E the Loan Balance in the number of payments listed below and in equal installments (with the final installment adjusted to account for rounding), by the due date set forth in each PG&E utility bill or loan installment bill rendered in connection with Customer’s account (identified by the number set forth below) (“Account”), commencing with the bill which has a due date falling at least 30 days after the Issuance Date. b. Check Made Payable to Customer □ or Contractor □ c. If the Customer is unable to make a full utility bill payment in a given month, payment arrangements may be made at PG&E’s discretion.
d. Any partial bill payments received for a month will be applied in equal proportion to the energy charges and the loan obligation for that month, and the Customer may be considered in default of both the energy bill and the loan installment bill.
e. Further payment details are set forth below.
9. Any notice from PG&E to Customer regarding the Program or the transactions contemplated under the Loan Agreement may be provided within a PG&E utility bill or loan installment bill, and any such notices may also be provided to Customer at the address below or to the Customer’s billing address of record in PG&E’s customer billing system from time to time, and in each case shall be effective five (5) days after they have been mailed.
10. The Loan Balance shall not bear interest.
11. Customer may, without prepayment penalty, pay the entire outstanding loan balance in one lump sum payment provided the customer first notifies PG&E by telephoning the toll free phone number (1-800-468-4743), and by sending written notice to PG&E On-Bill Financing Program Administrator at the address listed below, in advance of making the lump sum payment. Accelerated payments that are received from Customer without PG&E’s prior approval may, at PG&E’s sole discretion, be applied proportionally to subsequent energy charges and Loan repayments and PG&E shall have no obligation to apply accelerated payments exclusively to reduction of the outstanding Loan.
12. The entire outstanding Loan Balance will become immediately due and payable, and shall be paid by Customer within 30 days if: (i) the Account is closed or terminated for any reason; (ii) Customer defaults under the Agreement; (iii) Customer sells the equipment forming part of the Work to any third party; or (iv) Customer becomes Insolvent. Customer becomes “Insolvent” if: (i) Customer is unable to pay its debts as they become due or otherwise becomes insolvent, makes a general assignment for the benefit of its creditors, or suffers or permits the appointment of a receiver for its business or assets or otherwise ceases to conduct business in the normal course; or (ii) any proceeding is commenced by or against Customer under any bankruptcy or insolvency law that is not dismissed or stayed within 45 days.
13. Customer understands that without limiting any other remedy available to PG&E against Contractor or Customer, failure to repay the Loan Balance in accordance with the terms of the Agreement could result in shut-off of utility energy service, adverse credit reporting, and collection procedures, including, without limitation, legal action.
14. If there is any conflict among the documents comprising the Agreement, the following order of priority shall apply: 1. this Loan Agreement; 2. the Application; 3. any documents attached to the Application.
Attachment E
____________________________________________________
Automated Document – Preliminary Statement Part A
3 Form 79-1118
Advice 4909-G/7256-E
May 2024
15. LOCAL AGENCY OR DISTRICT REQUIREMENT
a. All Payment Obligations Subject to Appropriation
The Customer acknowledges that the cost incurred pursuant to this Loan Agreement will be part of the monthly bill for electric use. All payment obligations and the Work replacement obligations of the Customer under this Loan Agreement or any related agreement or application is subject to appropriation by the Legislative body belonging to Local Agency or District cited in this loan agreement.
b. Check Made Payable to Customer □ or Contractor □ (1) Notwithstanding any other provision in this Loan Agreement – , PG&E acknowledges that nothing in this Loan Agreement shall constitute a mortgage, charge, assignment, transfer, pledge, lien or encumbrance upon either the Work or any part of the buildings, structures or related facilities in which the Work is constructed, installed or situated (collectively, the “Related Facilities”). Accordingly, PG&E agrees it will not record or file any instrument that would indicate or imply it has a security interest in the Related Facilities, including but not limited to a UCC-1. (2) In addition to the preceding paragraph (a), if this Loan Agreement were ever construed or deemed to create any such encumbrance, then: (i) this Loan Agreement shall be junior and subordinate and subject in all respects to the terms and conditions of any and all leases, and indentures related to lease revenue bonds issued by the Local Agency or District cited here or any other issuer of bonds on behalf of the Local Agency or District concerning the Related Facilities entered into in the past, the present or the future (the “Senior Security Documents”); and (ii) any term or condition of this Loan Agreement relating to any right, title or interest in the Related Facilities or other benefits derived there from shall be in all respects junior and subordinate to, and subject to the terms of, the Senior Security Documents.
Attachment E
____________________________________________________
Automated Document – Preliminary Statement Part A
4 Form 79-1118
Advice 4909-G/7256-E
May 2024
16. Loan Particulars.
This table is to be completed by PG&E
Total Cost Incentive Customer
Buy- Down
(if applicable)
Loan Balance 1 Monthly Payment Term 2
(months)
Number of
Payments
$ 3,882,718.24 $ - $ - $ 3,882,718.24 $ 34,058.93 114 114 Check Made Payable to Customer □ or Contractor □ [customer to select payment method. Note that only one check can be issued]
17. This agreement at all times shall be subject to such modifications as the California Public Utilities Commission may direct from time to time in the exercise of its jurisdiction.
Federal Tax ID or Social Security #, Customer Federal Tax ID or Social Security #, Contractor 95-6000788
PG&E Account # / Service Agreement #
8991362269 / 8991362756
Account Name, Customer Name, Contractor
Primary Customer Name: CITY OF SANTA MARIA -
421 S McCLELLAND ST
Project ID: Population Non-Res OBF-132222
FA ID: 015761
Customer Address (For OBF Check Delivery) Contractor Address (For OBF Check Delivery) Name and Title of Authorized Representative of
.Customer
Name and Title of Authorized Representative of
.Contractor
Signature of Authorized Representative of Customer
Date
ACCEPTED: Pacific Gas and Electric Company
By Date
PG&E On-Bill Financing Authorized Representative
18. Once this Agreement is effective and unless otherwise agreed to by PG&E in writing, Customer must complete the approved project they are using these funds for, including submitting all post-installation documentation requirements, within 24 months thereafter.
For avoidance of doubt, Customer will not be eligible and will not receive any funding under this Agreement, if their project is not fully completed within the 24 months or as otherwise expressly agreed by PG&E. 1 The Loan Balance shall not exceed two-hundred fifty thousand dollars ($250,000), except where, in PG&E’s sole opinion, the opportunity for uniquely large energy savings exist, in which case the Loan Balance may exceed two-hundred fifty thousand dollars ($250,000) but shall not exceed four million dollars ($4,000,000). 2 The loan term in months will be established by PG&E at the time of the OBF Loan Agreement initiation. The maximum loan term shall be one hundred and twenty (120) months.
Brett Fulgoni - Public Works Director
Attachment E
____________________________________________________
Automated Document – Preliminary Statement Part A
5 Form 79-1118
Advice 4909-G/7256-E
May 2024
On-Bill Financing Program (OBF)
Loan Calculation Summary Sheet
Simple project payback per meter
Customer Name: CITY OF SANTA MARIA - 421 S McCLELLAND ST Project Number: FA ID 015761
Calculations from:
Original
(A)
PROJECT COST FOR
MEASURES
(B)
REBATES or INCENTIVES
Check Made Payable to
Customer □ or
Contractor □
CUSTOMER
TOTAL LOAN
AMOUNT
(C)
CUSTOMER
AVERAGE RATE
PER kWh
(D)
CUSTOMER AVERAGE
RATE PER Therm
(E)
ESTIMATED
ANNUAL
ENERGY
SAVINGS
(kWh)
(F)
ESTIMATED
ANNUAL GAS
SAVINGS
(Therm)
ESTIMATED
ANNUAL ENERGY
COST SAVINGS
SIMPLE
PAYBACK
IN YEARS
$ 3,882,718.24 $ - $ - $ 3,882,718.24 $ 0.34 $ - 1,201,123.35 (2,894.76) $ 412,928.00 9.40
PAYBACK IN MONTHS
BASED ON EXPECTED
ENERGY SAVINGS
LOAN TERM (MONTHS)
(1 month added for bill
neutrality)
CUSTOMER FIXED
MONTHLY LOAN
PAYMENT
ESTIMATED
MONTHLY
ENERGY COST
SAVINGS
113 114 $ 34,058.93 $ 34,410.67
(C) = (From utility bill) Total $ amount (12-month) / Total kWh (same 12-month) (D) = (From utility bill) Total $ amount (12-month) / Total therm (same 12-month) Mailing Address
Attachment E
Financing Supplement
Energy Efficiency Retrofit Loan Program Application
The Energy Efficiency Retrofit Loan Program (the “Program”) is funded by California utility customers and administered by Pacific Gas and Electric Company (PG&E) under the auspices of the California Public Utilities Commission (CPUC). The Program provides qualified PG&E customers with a means to finance energy-efficient (EE) retrofit projects implemented under select PG&E EE Programs (the “Qualified Program”).
The loans issued under the Program are interest-free, unsecured loans to fully or partially reimburse qualified PG&E customers for the costs they incur in connection with a qualified retrofit project (the “Retrofit Project”), which term shall mean the energy efficiency retrofit project described in Customer’s relevant Energy Efficiency Program Application.
1. Conditions for Eligibility: Participation in the Program is limited to PG&E customers that meet the following conditions and satisfy these conditions throughout the duration of the Retrofit Project up to and including the date of Final Verification (defined below in Section 8): (a) the PG&E customer must be a business (“Commercial Customer”) or a federal, state, county or local government agency (“Government Customer”).* Commercial Customers and Government Customers are collectively referred to as “Customer;” (b) Customer currently receives service from PG&E at the location of the Retrofit Project (the “Location”); (c) Customer has continually maintained an active PG&E account for the previous 24 months and has a minimum of 12 months of historical metered energy usage at Customer’s current Location; (d) at the time the Customer’s Program Application is Approved and Customer’s Loan Agreement is executed, and at the time the loan is to be funded following completion of the Retrofit Project and satisfaction of all other requirements of the Loan Agreement, Customer must be in good credit standing, as determined by PG&E through credit review which may include a commercial credit check and a bill history review, which may be based upon the following and other criteria:
a. No 24-hour disconnection notices in the last 12 months; b. No returned payments within the last 12 months;
c. No more than 1 payment arrangement in the last 12 months; d. No broken payment arrangements within the last 12 months; e. No deposit assessed within the last 12 months; and
f. The Retrofit Project qualifies, and Customer is eligible for an incentive under the Qualified Program.
2. Loan Features: The loans offered under the Program are interest-free (0%) and free of any fees, late payment penalties or other charges. The loan terms and conditions are set to provide simple payback from energy savings during the maximum allowed loan term and are calculated by dividing the loan amount (eligible project cost less Qualified Program Incentives) by the estimated monthly energy savings resulting from the Retrofit Project. The ensuing number of monthly payments must not exceed the Maximum Loan Term set forth in chart below (“Loan Amount and Term Limitations”).
Loan Amount and Term Limitations
Interest 0%, with no additional fees or charges
Minimum Loan Amount $5,000
Maximum Loan Amount $250,000 (up to $4,000,000 per premises with approved exception)
Maximum Loan Term, not to 120 months
exceed the Expected Useful Life
(EUL) of the measures
*Residential customers are ineligible. continued on next page Attachment F
3. Eligibility: Prior to purchasing and installing any energy efficient measures or equipment under the Qualified Program, Customer must satisfy the eligibility requirements of both the Program and Qualified Program.
4. Project Review: PG&E will assist Customers in understanding the energy efficiency measures available under the Qualified Program and will answer their questions concerning this Program. After Customer has decided upon the measures that comprise the Retrofit Project, PG&E will request that project engineering documentation is developed on behalf of the customer by their installer, and that the package is reviewed by an independent engineer prior to submission to PG&E. Projects costs and energy savings from this documentation are required in order to calculate the Loan Terms and prepare the Loan Documents. Thereafter, PG&E will provide Customer with a Loan Agreement, the Application, the applicable On-Bill Financing (OBF) Gas and/or Electric Rate Schedule and Loan Calculation Summary Sheet (collectively, the “Loan Documents”).
5. Loan Documents: If the terms of the loan are acceptable, Customer shall execute the Loan Documents and return them to PG&E prior to the commencement of the Retrofit Project. Incomplete or incorrect applications cannot be processed and may result in the delay of PG&E’s approval and possible disqualification from the Program. Customer may withdraw this Application for any reason without penalty by sending written notice to PG&E.
6. Changes to Project Scope and/or Cost: It is common for a project’s scope and/or cost to alter during the installation phase. Refer to “Changes to Project Scope and/or Cost” section of the OBF Customer and Contractor Handbook for requirements if the project scope and/or cost changes after the loan agreement is executed.
7. Customer’s Responsibilities for Contractor and Vendor: Upon execution of the loan agreement between the Customer and PG&E, Customer may begin the Retrofit Project pursuant to the contract agreed upon by Customer, its contractor or vendor. PG&E does not endorse or recommend any particular contractor or vendor nor does PG&E review any contractor or vendor proposals. Rather, Customer shall be solely responsible for reviewing the feasibility of the contractor’s and vendor’s proposal(s) and verifying their respective qualifications, pricing, energy savings, warranties and the terms and conditions of the contractor’s and/or vendor’s contract with Customer.
8. PG&E Disclaimers: Customer’s design of the retrofit project and selection and use of energy efficiency equipment, measures and selection of contractors and vendors is at customer’s sole discretion and at customer’s sole risk. To the extent permitted by applicable law, PG&E expressly and specifically disclaims any liability in respect of any advice, information or other instruction provided by or on behalf of PG&E to customer in connection with the qualified program, program or retrofit project. PG&E does not warrant or bear any responsibility for any of the following:
a. The work performed by customer’s contractor(s) or vendor(s), that the retrofit project is appropriate for the location;
b. The retrofit will result in or yield any energy efficiency savings or a specific amount of energy efficiency savings or other reduction in customer’s PG&E utility bill after completion of the retrofit project; c. The contractor’s or vendor’s services will be timely, complete or error-free, or that defects in the retrofit project will be corrected by such individuals;
d. Any errors, omissions, defects or delays in the design or construction of the retrofit project or the operation of any energy efficiency measures installed at the location.
9. Verification: Upon completion of the Retrofit Project, Customer shall request PG&E’s post-install project review (submission may be provided by the customers installer) and final verification that the Retrofit Project has been completed in conformity with the requirements of the Qualified Program and that customer remains eligible (the “Final Verification”).
a. If there has been any change to the Retrofit Project’s scope, cost and/or incentives available under the Qualified Program or energy savings, Customer will be required to enter into a Loan Modification Agreement with PG&E, which may include new contract terms reflecting the changes in the Retrofit Project. (If a Loan Modification Agreement is required, it shall be deemed part of the “Loan Documents”.) See “Changes to Project Scope and/or Cost” section of the OBF Customer and Contractor Handbook for further information. b. If the changes to the Retrofit Project are such that it no longer meets the Program’s payback criteria or other conditions, the Retrofit Project will be considered ineligible, the Loan Agreement will be terminated, and no loan proceeds will be disbursed.
c. If PG&E determines, in its absolute discretion, that customer’s credit has deteriorated or has otherwise placed customer’s repayment of the loan at risk, the loan proceeds shall not be issued, even though the retrofit project may have been satisfactorily completed at customer’s expense. continued on next page
Attachment F
10. Disbursements: Subject to and following PG&E’s satisfactory Final Verification, an incentive check and the loan proceeds will be issued to Customer or, at Customer’s written direction, to Customer’s contractor or vendor.
11. General Provisions:
a. Applications for loans under the Program will be accepted from qualified Customers on a first-come, first-served basis until the funds allocated by PG&E for the Program are no longer available. The Program may be modified or terminated by the CPUC or PG&E at any time and without prior notice.
However, termination of the Program following execution of a Loan Agreement by Customer will not affect that Loan Agreement, or, if Customer thereafter satisfies all Program conditions, the disbursement.
b. The loan proceeds may only be used to pay or reimburse Customer for implementing or installing energy-efficient measures or equipment through the Qualified Program. c. If there is any conflict between the terms of any document relating to the Program, the Loan Documents shall control.
d. For all retrofit projects, including but not limited to streetlight, HVAC and lighting retrofits, Customer acknowledges and understands that Customer is able to use the installation vendor or contractor of their choice.
e. The customer confirms that the OBF loan funds are required for the project to be completed, and that without the loan funds the project would not otherwise be able to be completed with the same scope or within the same time-frame.
f. Energy Efficiency funds, including On-Bill Finance loan funds, are public funds. Depending on the project that receives Energy Efficiency or On-Bill Finance loan funds may be considered a public work (as defined under Labor Code section 1720 et. seq.). For information on the rules and regulations that apply to public works, including payment of prevailing wages, see the Department of Industrial Relations.
I have read, understand and agree to all of the Energy Efficiency Retrofit Loan Program requirements and terms and conditions set forth in this Program description.
I understand that loan calculations will be based on pre-inspection results and on the applicable program documentation, and that my agency/company must meet all eligibility criteria and requirements in order to participate in the Program. Any unapproved changes to project scope, costs or run hours, or to my agency’s/company’s creditworthiness, between the time the Loan Documents are accepted and signed, and the Retrofit Project is completed and the project’s and my agency’s/company’s continued eligibility are verified, could result in loan ineligibility.
Legal Name of Business (i.e., the formal name on your tax return) Authorized Representative’s Signature Authorized Representative’s Printed Name Title Date
Tax identification information (select one):
Social Security Number
FOR PG&E USE ONLY:
PG&E OBF Administrator Printed Name Date
Retrofit Program Application Number OBF Application Number “PG&E” refers to Pacific Gas and Electric Company, a subsidiary of PG&E Corporation. ©2023 Pacific Gas and Electric Company. All rights reserved. These offerings are funded by California utility customers and administered by PG&E under the auspices of the California Public Utilities Commission. CCC-0323-6168
Federal Tax ID Number
CITY OF SANTA MARIA
95-6000788
Brett Fulgoni
Public Works Director
Attachment F
City of Santa Maria
Sustainable Solutions Turnkey Implementation Project Pro Forma
Year
PG&E Annual
Lighting Savings
($)
PG&E Annual
HVAC Savings
($)
PG&E Annual
Heating
Penalty ($)
Annual
Maintenance
Savings ($)
Total Annual
Savings ($)
Annual
Payment ($)
Net Annual
Savings ($)
Net Cumulative
Savings ($)
1 $433,574 $13,007 -$3,039 $43,357 $486,900 $408,707 $78,192 $78,192 2 $455,253 $13,658 -$3,191 $40,973 $506,692 $408,707 $97,985 $176,177 3 $478,016 $14,340 -$3,351 $38,241 $527,246 $408,707 $118,539 $294,717 4 $501,917 $15,057 -$3,519 $35,134 $548,590 $408,707 $139,882 $434,599 5 $527,012 $15,810 -$3,695 $31,621 $570,749 $408,707 $162,042 $596,641 6 $553,363 $16,601 -$3,879 $27,668 $593,753 $408,707 $185,046 $781,687 7 $581,031 $17,431 -$4,073 $23,241 $617,630 $408,707 $208,923 $990,609 8 $610,083 $18,302 -$4,277 $18,302 $642,411 $408,707 $233,704 $1,224,313 9 $640,587 $19,218 -$4,491 $12,812 $668,125 $408,707 $259,418 $1,483,731 10 $672,616 $20,178 -$4,715 $6,726 $694,806 $204,354 $490,452 $1,974,183 11 $706,247 $21,187 -$4,951 -$7,062 $715,421 $715,421 $2,689,604 12 $741,559 $22,247 -$5,199 -$9,269 $749,338 $749,338 $3,438,942 13 $778,637 $23,359 -$5,459 -$11,680 $784,858 $784,858 $4,223,801 14 $817,569 $24,527 -$5,731 -$14,307 $822,057 $822,057 $5,045,858 15 $858,448 $25,753 -$6,018 -$17,169 $861,014 $861,014 $5,906,872 16 $901,370 $27,041 -$6,319 -$20,281 $901,811 $901,811 $6,808,684 17 $946,439 $28,393 -$6,635 -$23,661 $944,536 $944,536 $7,753,220 18 $993,760 $29,813 -$6,967 -$27,328 $989,278 $989,278 $8,742,498 19 $1,043,448 $31,303 -$7,315 -$31,303 $1,036,134 $1,036,134 $9,778,632 20 $1,095,621 $32,869 -$7,681 -$35,608 $1,085,201 $1,085,201 $10,863,833 TOTAL $14,336,551 $430,097 -$100,504 $80,407 $14,746,551 $3,882,718 $10,863,833
Note 1: PG&E savings to accrue starting early 2026 as buildings are converted to LED lighting - escalated at 5% annually.
Note 2: Per review with Brett Fulgoni, maintenance savings to accrue starting early 2026 as the City discontinues purchase of fluorescent and HID lighting components.
Note 3: Annual payments based on PG&E/OBF agreement calculated as the sum of monthly payments: Years 1 to 9 (12 mos @ $34,058.93); Year 10 (6 mos @ $34,058.93).
Note 4: First monthly payment projected for 2 to 3 months following completion of construction (approx Jan 2027).
Attachment G
COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: Brett Fulgoni, Director of Public Works
DATE: September 16, 2025
SUBJECT: Adopt a Resolution Approving the Project List for Fiscal Year 2025-26 for the California State of Good Repair Program and Authorize the Submittal of a Grant Application for the Purchase of Digital Signage from Daktronics to Support the Transit Program
Description:
The City Council will consider authorizing the application of the City’s Transit Program’s recommended Fiscal Year 2025-26 Senate Bill 1 (SB1) State of Good Repair (SGR) grant in the amount of $366,646 for the purchase for digital signage from Daktronics to support the Transit Program’s Transit Center and Bus Stop Modernization Project.
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 approving the project list for Fiscal Year 2025 -26 for the California State of Good Repair Program; and
2. Authorize City Manager, or designee, to submit a grant application for the purchase of digital signage from Daktronics to support the transit program.
BACKGROUND:
The Road Repair and Accountability Act of 2017 Senate Bill 1 (SB1) includes the State of Good Repair (SGR) Program, which provides annual investments in public transit by funding infrastructure repair, service improvements, and modernization . Approximately $120 million annually in SGR funds are made available annually for eligible statewide transit capital projects on both an allocated and competitive basis.
Before receiving an apportionment of SGR program funds in a fiscal year, a transit agency must submit a list of proposed projects to the California Department of Transportation (DOT). DOT reports to the State Controller’s Office (SCO) the eligible agencies that will receive an allocation. SCO anticipates the first quarter’s allocation to awarded agencies will be paid by November 26, 2025.
2 DISCUSSION:
In total, $979,000 has been allocated to Santa Barbara County transit operators for Fiscal Year 25 -26. The Santa Barbara County Association of Governments (SBCAG) administers the allocated and discretionary SB1 SGR Funds for local transit agencies.
Public Utilities Code (PUC) Section 99314 allocations are based on the SCO transmittal letter. These discretionary funds are divided among local transit agencies with a 43 percent/12 percent/45 percent split: 43 percent to South County transit operators (SBMTD), 12 percent to Regional Transit/Rail projects (CAE/SBCAG), and 45 percent to the North County transit operators.
PUC section 99313 allocations are based on the latest annual population estimates from the Department of Finance. Funding by section is listed in Tables 1 and 2 below.
Table 1:
99313 Funding Distribution
FY 24/25 Amount
Guadalupe $842
Solvang $1,263
Santa Maria $10,973
Lompoc $1,653
SBMTD $163,331
SBCAG $19,622
Table 2:
After an informal call for projects, North County transit operators (Santa Maria/Guadalupe, Lompoc, and Santa Ynez) collaboratively agreed that Santa Maria Regional Transit (SMRT) would this time be the sole recipient of this year’s SGR funds in order to complete a more substantial project. In total, SMRT will apply to receive North County 99313 and 99314 SGR funds in the amount $366,646 in, as noted in the highlighted tables.
Santa Maria Regional Transit Project – Transit Center Modernization The Santa Maria Regio nal Transit (SMRT) is undertaking a significant modernization of the Transit Center, including electric bus charging infrastructure, community art, relandscaping, general exterior maintenance, and other placemaking features. A key 99314 Funding Distribution
Distribution % FY 24/25 Amount
North County 45% $351,915
South Coast 43% $336,275
Regional 12% $93,844
Total Amount $782,034
3 component of this projec t is the addition of digital signage to enhance the rider experience.
The California Integrated Travel Project (Cal -ITP) assists transit agencies with capital procurements by conducting solicitations that agencies may later leverage to acquire specialized equipment and technology.
In this case, Cal-ITP solicited vendors for digital signage by reaching out to leading GTFS- RT display providers. Six requests were sent out, and two proposals were received , specific to Santa Maria: one from Daktronics and one from Connectpoint. SMRT proposes to leverage Cal-ITP’s procurement process to purchase digital signage from Daktronics for the Transit Center modernization project.
By utilizing Cal -ITP’s pre -vetted procurement, SMRT can efficiently acquire advanced digital signage from Daktronics, a recognized leader in dynamic display solutions. This approach ensures high -quality equipment, leverages the state’s purchasing power for potentially reduced costs, and expedites implementation of this critical technology. The result will be improved real-time information dissemination, better passenger flow, and a more modernized Transit Center.
Alternative(s)
Alternatively, the City Council could direct SMRT to conduct its own independent competitive bidding process, such as a Request for Proposals (RFP). However, this would require more staff time and resources, potentially delay the project, and likely lead to higher costs without Cal -ITP’s pre-negotiated pricing and economies of scale. There's also a higher risk of engagin g less experienced vendors without Cal -ITP's pre - qualification process.
Fiscal Considerations
The City of Santa Maria’s Procurement Manual allows departments to leverage third-party contracts. Staff therefore recommends leveraging Cal -ITP's procurement pr ocess for digital signage. Cal -ITP, a state -led initiative, streamlines acquisition of transit technologies by conducting solicitations and securing favorable contracts with leading vendors. Procurement of these units will be based on Cal -ITP’s secured pr icing (see Attachment C).
Impact on the Community
There is no negative impact on the community from applying for and being awarded SGR funds. The addition of digital signage will significantly enhance the Santa Maria Regional Transit Center, providing a dynamic communication platform for riders and the community.
Digital signage will provide real-time transit information, helping riders navigate their trips efficiently and with confidence. It can also display public service announcements, community even t information, and other local updates. In emergencies, the signs will 4 serve as a critical communication tool to broadcast urgent alerts, safety protocols, and evacuation instructions.
This project will transform the Transit Center into a more engaging and useful community hub, ultimately improving the public transit experience in Santa Maria.
ATTACHMENT(S)
A. Resolution
B. Cal-ITP Solicitation for Proposal
C. Daktronics Budgetary Proposal
Attachment A
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MARIA, CALIFORNIA,
APPROVING THE PROJECT LIST FOR FISCAL YEAR 2025-26
FOR THE CALIFORNIA STATE OF GOOD REPAIR PROGRAM
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017, established the State of Good Repair (SGR) program to fund eligible transit maintenance, rehabilitation, and capital projects that maintain public transit systems in a state of good repair; and
WHEREAS, the Santa Barbara County Association of Governments (SBCAG) is an eligible project sponsor and may receive and distribute State Transit Assistance – State of Good Repair funds to eligible local agencies for eligible transit capital projects ; and
WHEREAS, SBCAG is distributing SGR funds to eligible project sponsors (local agencies) within its regional jurisdiction, including the City of Santa Maria; and
WHERAS, the City Council of the City of Santa Maria concurs with and approves the attached project list for the State of Good Repair Program funds for Fiscal Year 2025-
26. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
SECTION 1. The City Council of the City of Santa Maria hereby approves the SB 1 State of Good Repair Project List for Fiscal Year 2025-26; and
SECTION 2. The City of Santa Maria, as the fund recipient, agrees to comply with all conditions and requirements set forth in the Certification and Assurances document and all applicable statutes, regulations, and guidelines for all SGR -funded transit capital projects; and
SECTION 3. The City Manager is hereby authorized to submit a request for the Scheduled Allocation of the SB 1 State of Good Repair funds and to execute all related grant applications, forms, and agreements; and
SECTION 4. The Chief Deputy City Clerk is hereby authorized to make m inor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 16th day of September 2025.
ATTEST:
Chief Deputy City Clerk
Mayor
APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager
CALIFORNIA INTEGRATED TRAVEL PROJECT REAL-TIME DIGITAL SIGNAGE INITIATIVE City of Santa Maria
CALTRANS | DIVISION OF DATA & DIGITAL SERVICES1
Uriel Fojas
Mobility Data Standards Engineering Branch
April 30, 2025
Attachment B
CALTRANS | DIVISION OF DATA & DIGITAL SERVICES2
CAL -ITP REAL- TIME DIGITAL SIGNAGE INITIATIVE: CITY OF SANTA MARIA Candidate Transit Center for Testing GTFS-RT Digital Signage
CALTRANS | DIVISION OF DATA & DIGITAL SERVICES3
CAL -ITP REAL- TIME DIGITAL SIGNAGE INITIATIVE: CITY OF SANTA MARIA Draft Concept
CALTRANS | DIVISION OF DATA & DIGITAL SERVICES4
CAL -ITP REAL- TIME DIGITAL SIGNAGE INITIATIVE: CITY OF SANTA MARIA Draft Concept
CALTRANS | DIVISION OF DATA & DIGITAL SERVICES5
CAL -ITP REAL- TIME DIGITAL SIGNAGE INITIATIVE: CITY OF SANTA MARIA Draft Concept
CALTRANS | DIVISION OF DATA & DIGITAL SERVICES6
CAL -ITP REAL- TIME DIGITAL SIGNAGE INITIATIVE: CITY OF SANTA MARIA Draft Concept
CALTRANS | DIVISION OF DATA & DIGITAL SERVICES7
CAL -ITP REAL- TIME DIGITAL SIGNAGE INITIATIVE: CITY OF SANTA MARIA Draft Concept
CALTRANS | DIVISION OF DATA & DIGITAL SERVICES8
CAL -ITP REAL- TIME DIGITAL SIGNAGE INITIATIVE: CITY OF SANTA MARIA Draft Concept
Thank You
CALTRANS | DIVISION OF DATA & DIGITAL SERVICES9
DAKTRONICS TRANSPORTATION BUSINESS UNIT
BUDGETARY PRICING REQUEST*
CalITP GTFS-RT Proposals
*Budgetary Information is an inflated price intended for budgetary purposes only. It is intended to be marked up enough so that the overall sign cost does not come in over budget. Contractors will mark up our firm quotes and it should not exceed the budgetary price listed below.
PRODUCT: Bus Shelter Mounted Signs
Budgetary List Price Per Unit: AF-6701-46X225-W-SF-DB- $9,450 ea Physical Dimensions: 11.41”H x 40.15”W
Max Power Draw: 135 Watts
Weight: 60 lbs
Pixel Pitch: 4mm
Single, Double or 2V Option: Single-sided
Includes:
● Sign
● Communications Kit/Controller
● Gold Warranty (One Year Parts Only)
● Standard Vanguard Software
Excludes:
● Shipping to Site/Offloading of Equipment
● Support Structure or Mounting Hardware
● Shrouding/Enclosure
●Traffic Cabinet to House the Controller
● Lane Closures/Bucket Trucks/Lifts
● Installation/Installation Support
● Testing or Training
Attachment C
PRODUCT: Wall-Mounted Full Color LED Signs
Budgetary List Price Per Unit: AF-6711-64X320-2.5-RGB-SF- $11,435 ea Physical Dimensions: 13.11”H x 38.3”W
Max Power Draw: 81 Watts
Weight: 71 lbs
Pixel Pitch: 2.5mm
Single, Double or 2V Option: Single-Sided
MS647 Optional Wall Mounting Brackets- $250 ea
Includes:
● Sign
● Communications Kit/Controller
● Gold Warranty (One Year Parts Only)
● Standard Vanguard Software
Excludes:
● Shipping to Site/Offloading of Equipment
● Support Structure or Mounting Hardware
● Shrouding/Enclosure
●Traffic Cabinet to House the Controller
● Lane Closures/Bucket Trucks/Lifts
● Installation/Installation Support
● Testing or Training
PRODUCT: Santa Maria 39”x114’ Transit Station LED Signage Budgetary List Price Per Unit: $269,213
Physical Dimensions: 3’-3 3/8” H x 114’-9 15/16”W
Max Power Draw: 28,213 Watts
Weight: 3,775 lbs
Pixel Pitch: 3.9mm
Attachment C
Single, Double or 2V Option: This display is a single-sided unit only.
Includes:
● Sign
● Communications Kit/Controller
● Gold Warranty (One Year Parts Only)
● Venus Control Suite Transportation Package with GTFS-RT Capabilities Excludes:
● Shipping to Site/Offloading of Equipment
● Support Structure or Mounting Hardware
● Shrouding/Enclosure
●Rack to House the Controller
● Lane Closures/Bucket Trucks/Lifts
● Installation/Installation Support
● Testing or Training
Note- If software is needed please plan for $120/year per controller.
NOTE: This document should be used for budgetary purposes only. If a firm quote is needed, please contact me via email at [email protected]
or via phone at 605-695-7102.
COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: Brett Fulgoni, Director of Public Works
DATE: September 16, 2025
SUBJECT: Adoption of a Resolution Approving Final Map and Subdivision Improvement Agreement for Bellecrest Residences, Tract 6040
Description:
The City Council will consider adopting a Resolution approving the recordation of the Final Map and Subdivision Improvement Agreement for the Bellecrest Residences, Tract 6040.
Environmental Notice: The Project was adequately covered through the preparation of an Initial Study/Mitigated Negative Declaration (SCH #2024090050); document pursuant to California Environmental Quality Act State Guidelines Section 15162.
RECOMMENDATION:
1. Adopt a Resolution approving the Subdivision Improvement Agreement and the recordation of the Final Map for Bellecrest Residences, Tract 6040.
BACKGROUND:
The tentative map for Bellecrest Residences, Tract 6040 subdivision, was approved by the Planning Commission on November 6, 2024. The 14.43-acre project site consists of two parcels located east of Suey Road, near the City’s easterly limits.
The subdivision will create 146 lots for the development of 142 age -restricted senior residential units, along with four common l ots for landscaping and a clubhouse with amenities.
DISCUSSION:
The Bellecrest Residences Final Map has been reviewed and approved by the City Engineer and the Community Development Director. The Subdivision Improvement Agreement, prepared with input from the Community Development and Recreation & Parks Department, has been approved by the Public Works Department. The Agreement requires the developer to provide an additional cash surety to ensure timely completion of approvable Public Improvement Plans, as certain comments remain outstanding and could not be resolved prior to this Co uncil Meeting. The City Clerk’s office has received the properly executed Subdivision Improvement Agreement with the associated sureties.
2 Alternative(s)
If the agreement and/or final map is unacceptable, the City Council may recommend corrections, direct the City Attorney and/or City Engineer to revise the documents, and defer approval until acceptable versions are resubmitted.
The City Council shall deny approval of a Final Map upon making a finding that it does not comply with the requirements of Section 11-3.03(f) of the Santa Maria Municipal Code or fails to substantially meet the requirements or conditions applicable at the time of tentative map approval. Any disapproval shall include findings identifying unmet requirements or conditions.
Where a failure to meet any requirement or condition is the result of a technical or inadvertent error that does not materially affect the validity of the map, the City Council may approve the map.
Fiscal Considerations
The City shall be reimbursed for al l plan checking and administrative costs associated with this Final Map and Subdivision Improvement Agreement. Bonds have been received for the construction of all public improvements and to guarantee those improvements for one year after completion.
Impact on the Community
Potential impacts from this project were addressed through the environmental and planning review processes. The General Plan Land Use and Zone Amendment, Tentative Tract Map, and Planned Development Permit were reviewed and approved by the Planning Commission following public hearings where community concerns were considered. The developer incorporated modifications to minimize impacts. The project will provide senior housing, contributing to community housing needs.
ATTACHMENT(S)
A. Resolution
B. Final Map Tract 6040
C. Subdivision Improvement Agreement
D. Bonds
Attachment A
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MARIA, CALIFORNIA,
APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT
AND THE RECORDATION OF THE FINAL MAP FOR
BELLECREST RESIDENCES, TRACT 6040
WHEREAS, the proposed Final Map for the subdivision known as Bellecrest Residences, Tract 6040, substantially conforms to the tentative map approved by the Planning Commission of the City of Santa Maria on November 6, 2024, and the conditions imposed thereon.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
SECTION 1. The proposed Final Map and Subdivision Improvement Agreement for Bellecrest Residences, Tract 6040, in the form on file with the Chief Deputy City Clerk, is hereby approved, and the Mayor, or in the Mayor's absence, the City Manager, is authorized and directed to execute the same on behalf of the City.
SECTION 2. The recordation of the Final Map for Bellcrest Residences, Tract 6050; and
SECTION 3. The City Engineer is authorized to review and, if appropriate, approve and execute on behalf of the City a Subdivision Improvement Extension Agreement pursuant to Paragraph 5, Extension of Agreement , of the Subdivision Improvement Agreement; and
SECTION 4. The City Engineer is authorized to review and, if appropriate, approve and execute on behalf of the City a novation of this Agreement, pursuant to Paragraph 4, Subdivider’s Obligation on Sale or Disposition of Subdivision , of the Subdivision Improvement Agreement; and
SECTION 5. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
///
///
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 16th day of September 2025.
ATTEST:
Chief Deputy City Clerk
Mayor
APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager
Attachment B
Attachment B
Attachment B
Attachment B
Attachment B
Attachment C
Attachment C
Attachment C
Attachment D
COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: Brett Fulgoni, Director of Public Works
DATE: September 16, 2025
SUBJECT: Adoption of a Resolution Amending Contract with Move Santa Barbara County
Description:
The City Council will consider adopting a Resolution approving a contract amendment for Pedestrian and Bicycle Safety Professional Services.
Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act Sta te Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
RECOMMENDATION:
1. Adopt a Resolution amending the contract with MOVE Santa Barbara County for Pedestrian and Bicycle Safety Professional Services in the amount of $120,065 ; and
2. Authorize City Manager or designee to execute agreement.
BACKGROUND:
In 2023, the City prepared an Office of Traffic Safety (OTS) grant application to provide pedestrian and bicycle safety outreach and education to improve active transportation safety for all users, particularly school -aged children. This includes public outreach, training of trainers at Santa Maria -Bonita School District schools, and providing helmets to children unable to afford them.
The City was awarded the OTS grant in the amount of $120,000. While the City employs transportation professionals, the specialized skills required to train others in teaching school-aged children pedestrian and bicycle safety fall outside existing staff capabilities and workloads. Therefore, outside consultants were necessary.
The Public Works Department issued a request for proposals and selected MOVE Santa Barbara County (MOVE) as the most qualified consultant. On March 19, 2024, City Council awarded the contract to MOVE. MOVE successfully executed all facets of the OTS grant, provided the necessary documentation, and established a strong partnership with the Santa Maria-Bonita School District to promote safe active transportation.
2 DISCUSSION:
In 2025, the City prepared another OTS grant application to expand on the initial grant efforts. The new grant supports enhanced programming, i ncluding mobility surveys, multimedia bicycle education content, helmet purchases, bicycle rodeos, and community outreach. OTS has tentatively awarded these grant funds to the City.
Given MOVE’s successful performance with the prior grant cycle, staff recommends amending the existing contract with MOVE to continue providing pedestrian and bicycle safety education services.
Alternative(s)
City Council may direct staff to conduct another request for proposals to identify a different consultant for these services. If the grant purpose does not align with Council’s desires, Council may direct staff to forfeit the funding.
Fiscal Considerations
The OTS grant will fully fund the contract amendment with MOVE. City staff time to grant administration and reporting is minimal.
Impact on the Community
The grant program aims to reduce pedestrian and bicycle injuries and fatalities while promoting safe transportation practices. As the City expands its active transportation network, continued education and outreach will improve safety outcomes for all users.
ATTACHMENT(S)
A. Resolution
B. OTS Grant Agreement
C. Contract Amendment
Attachment A
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA MARIA, CALIFORNIA,
AMENDING THE CONTRACT WITH MOVE SANTA BARBARA
COUNTY FOR PEDESTRIAN AND BICYCLE SAFETY
PROFESSIONAL SERVICES IN THE AMOUNT OF $120,065
WHEREAS, the City of Santa Maria (“City”) and MOVE Santa Barbara County (“Contractor”) entered into an Agreement for Professional Services dated March 19, 2024, for Pedestrian and Bicycle Safety Professional Services (the “Agreement”); and
WHEREAS, the City has secured additional funding through the California Office of Traffic Safety (“OTS”) under Grant No. PS26055 (Pedestrian and Bicycle Safety Program) to support enhanced safety programming, including mobility surveys, multimedia bicycle education content, helmet purchases, bicycle rodeos, and community outreach efforts; and
WHEREAS, the parties desire to amend the Agreement to incorporate the new OTS-funded scope of work consistent with the objectives, goals, and activities set forth in Grant No. PS26055, including deliverables such as pre- and post-helmet usage surveys, mobility mode choice data collection, and the production of instructional videos requested by participating school districts; and
WHEREAS, the parties wish to extend the Agreement’s term through October 31, 2026, to allow for completion of the OTS grant-funded tasks and activities;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
SECTION 1. The Professional Services Agreement Amendment for Pedestrian and Bicycle Safety Professional Services is awarded to MOVE Santa Barbara County, through October 31, 2026, with a not-to exceed amount of $120,065; and
SECTION 2. Authorize City Manager, or designee, to execute agreement; and
SECTION 3. The Chief Deputy City Clerk is hereby authorized to make m inor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
//
//
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, California, held this 16th day of September 2025.
ATTEST:
Chief Deputy City Clerk
Mayor
APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager
Attachment B
6/20/2025 3:20:31 PM Page 1 of 13
State of California – Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PS26055
1. GRANT TITLE
Pedestrian and Bicycle Safety Program
2. NAME OF AGENCY 3. Grant Period
Santa Maria From: 10/01/2025 To:
09/30/2026 4. AGENCY UNIT TO ADMINISTER GRANT Santa
Maria Public Works
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving pedestrians and bicyclists. The funded strategies may include classroom education, bicycle rodeos, community events, presentations, and workshops. These countermeasures should be conducted in communities with high numbers of pedestrian and/or bicycle related crashes including underserved communities, older adults, and school-aged children. Coordinated efforts such as Safe Routes to School initiatives, Safe System Approach, and working with community based organizations are highly encouraged to prevent fatalities and injuries of vulnerable non-motorized road users.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $120,065.00 Allocation is contingent upon availability of federal funds.
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
• Schedule A – Problem Statement, Goals and Objectives and Method of Procedure • Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable) • Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable) • Exhibit A – Certifications and Assurances
• Exhibit B* – OTS Grant Program Manual
• Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto. These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME: Mark Mueller
TITLE: Principal Civil Engineer
EMAIL: [email protected]
PHONE: (805) 925-0951 Ext. 1667
ADDRESS: 110 S. Pine Street, Suite 221
Santa Maria, CA 93458
NAME: David Rowlands
TITLE: City Manager
EMAIL: [email protected]
PHONE: (805) 925-0951 Ext. 2200
ADDRESS: 110 South Pine Street
Santa Maria, CA 93458
(Signature) (Date)
(Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY Attachment B
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NAME: Rebecca Campbell
TITLE: Director of Finance
EMAIL: [email protected]
PHONE: (805) 925-0951 Ext. 2215
ADDRESS: 110 South Pine Street Santa
Maria, CA 93458
NAME: Stephanie Dougherty
TITLE: Director
EMAIL: [email protected]
PHONE: (916) 509-3030
ADDRESS: 2208 Kausen Drive Suite 300
Sacramento, CA 95758
(Signature) (Date) (Signature) (Date)
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
SAM #:
REGISTERED
ADDRESS:
CITY:
ZIP+4:
KMK4VML3VFF9
110 E Cook Street
Santa Maria
93454-5135
10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED
EXPENDITURES
AGREEMENT
TOTAL
$120,065.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
$120,065.00
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED
TOTAL AMOUNT ENCUMBERED TO DATE
$120,065.00
Attachment B
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State of California – Office of Traffic Safety GRANT
AGREEMENT
GRANT NUMBER
PS26055
Schedule A
1. PROBLEM STATEMENT
Describe the city, county, or jurisdiction this grant will impact.
Santa Maria has many high-volume 4-lane streets designed with moving cars as the priority. There are few facilities for bicyclists and safe opportunities for pedestrians to cross busy streets are often many blocks apart. The city’s 17 elementary schools require multiple crossing guards due to high volumes of fast-moving traffic. Many community members are unaware of recent improvements to pedestrian and bicycle infrastructure and continue to use unsafe or outdated infrastructure on their routes to destinations. Many lack equitable access to safety education or life-saving equipment like helmets. This leads to unsafe conditions such as cyclists on sidewalks, riders executing turns incorrectly, riding the wrong way in bike lanes or riding at night without lights or high-visibility clothing. Local cyclists may be discouraged from riding, decreasing driver awareness of cyclists and reducing incentive for the community to invest in safer bike infrastructure. Students participating in bicycle education at Santa Maria schools may be discouraged from riding to school by intimidating routes and lack of secure bike storage on campus.
Describe the problem(s) to be addressed, supported by current and relevant crash data. (most recent calendar year data/stats).
Santa Barbara County ranked 19th State-wide in crashes with bicycles and vehicles from 2019-2023 and Santa Maria is no exception. Crash rates from 2022-2024 are relatively high for a city with a population of around 110,000. In 2023 alone, 28 bicyclists were injured in crashes. According to the City of Santa Maria adopted Local Road Safety Plan prepared by DKS Associates, “Crash data show that while only 2.54% of all crashes in Santa Maria involved bicycles, bicyclists are involved in 15% of all fatalities and 10% of all severe injuries. This is much greater than the state average of only 4% of fatalities and 8% of severe injuries involving bicyclists. Older riders are also three times more likely for a crash to result in fatalities or severe injuries.” The same study found that vulnerable modes of transportation (pedestrians, cyclists and seniors) made up 45% of all Fatal or Severe Injury crashes. Two recent incidents in Santa Maria involved young students struck on their bicycles while riding to school near busy intersections. In both incidents, the young riders were found at-fault after making mistakes like not yielding for “Stop” signs or being on the wrong side of the road. According to the Santa Maria Times, Officer McGehee of the Santa Maria Police Department credited the student’s helmet in one incident with preventing more serious injury.
Define the target population the grant intends to serve and how they are affected by the problem(s).
Elementary up to junior-college-aged students and adults using their bicycles as a form of transportation are most impacted by these issues, as they have little choice but to continue to take their chances along roads that are built for the convenience of cars and not the safety of people. Among these are Santa Maria’s elementary school students. Minority enrollment in Santa Maria is close to 100%, while 86% are identified as economically disadvantaged. Those who cannot afford to use a car or do not have access to commuter safety education or equipment currently face a higher likelihood of being involved in a serious incident with a vehicle, as well as reduced access to community services and resources. Students without knowledge of cycling rules and best-practices are more likely to ride unsafely and be injured or killed.
Attachment B
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2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.
2. Reduce the number of persons injured in traffic crashes.
3. Reduce the number of pedestrians killed in traffic crashes.
4. Reduce the number of pedestrians injured in traffic crashes.
5. Reduce the number of pedestrians killed under age 15 in traffic crashes.
6. Reduce the number of pedestrians injured under age 15 in traffic crashes.
7. Reduce the number of pedestrians killed over age 65 in traffic crashes.
8. Reduce the number of pedestrians injured over age 65 in traffic crashes.
9. Reduce the number of bicyclists killed in traffic crashes.
10. Reduce the number of bicyclists injured in traffic crashes.
11. Reduce the number of bicyclists under age 15 killed in traffic crashes.
12. Reduce the number of bicyclists under age 15 injured in traffic crashes.
13. Increase bicycle helmet usage.
B. Objectives: Target Number
1. Issue a news release announcing the kick-off of the grant by December 31st. The kick-off news releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release. 1 2. Participate in traffic safety fairs and/or community events with an effort to reach individuals.
2 3. Participate in the following campaigns: National Walk to School Day, National Bicycle Safety Month, California's Pedestrian Safety Month and National Pedestrian Safety Month.
4 4. Distribute pedestrian/bicycle safety items to increase safety and visibility at no cost to youth or community members in need, who received traffic safety education during bicycle rodeos, presentations, workshops, trainings, and community events.
Report quarterly the dates and locations where pedestrian/bicycle safety items were distributed.
1 5. Conduct Walking School Buses at schools with an effort to reach students. 2
6. Develop bicycle and pedestrian safety educational materials to be distributed during classroom presentations, workshops, and community events. Submit materials to PIO for approval and upload approved material. 1 7. Conduct bicycle helmet usage surveys pre and post-grant activities. Bicycle helmet usage surveys should occur at the start and end of the grant. A pre-survey will be required to determine the base year helmet use rate and a post-survey will be required to determine the operational rate. Pre and post surveys should be conducted at the same location. Upload completed survey to GEMS. 2 8. Conduct bicycle rodeos. 2
9. Distribute and properly fit OTS funded bicycle helmets at no cost to community members in need who receive bicycle helmet safety education. 200
10. Purchase bicycle helmets. 200
11. Conduct community bicycle rides providing bicycle safety education to promote safe bicycling in the community with an effort to reach bicyclists. 2 12. Participate in quarterly meetings with countywide pedestrian and/or bicycle safety stakeholders to collaborate on events, share best practices, and leverage resources.
4 Attachment B
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13. Execute subcontracts referenced in the budget. Prior to finalizing the subcontract, grantee should work with the OTS to ensure all costs in the sub contract are allowable. Upon execution of subcontract, upload a copy of the subcontract and request a revision to the grant budget to add new budget line items for associated costs under contractual services. If not yet executed, provide ETA. 1 14. Conduct Bicycle Safety Education and Training for students at all participating schools. Classes will typically consist of four (4) sessions during PE and will include helmet fitting, a bicycle safety check, clothing check and skills such as stopping, yielding, using turn signals, among others. Bicycles and helmets will be provided for all students. Program includes instructors, course material, set up and take down, and options for PE teachers to learn the curriculum. When reporting, include date/location of each event, total number of students completing each course, and number of new students who learned to ride for the first time. 200
15. Develop bicycle safety and skills training videos to complement written (previously funded) Bicycle Education Curriculum. Videos will be developed in conjunction with area schools who are currently teaching or plan to teach bicycle education as an ongoing program. Videos, based on community feedback, could include course set up, teaching each lesson, and students riding through each course, as needed.
When reporting, include date/location of event, total number of students riding courses at each event and a short summary of community feedback received. 1 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year) Develop operational plans to
implement the “best practice” strategies outlined in the objectives section. • Conduct all training needed to implement the program, in the first quarter. • Purchase all grant related supplies and materials to implement the program, in the first quarter. • Items with a unit cost of $5,000 or more (including tax and shipping) must comply with Buy America.
Media Requirements
• Issue a news release approved by the OTS PIO announcing the kick-off of the grant by December 31 and after the grant is signed and executed, but no sooner than October 1, the start of the grant year. The kick-off release must be approved by the OTS PIO. If you are unable to meet the December 31 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.
Attachment B
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B. Phase 2 – Program Operations (Throughout Grant Year) Media Requirements
The following requirements are for all grant-related activities:
• Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
• Send all PowerPoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
• The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator. • Pre-approval is not required when using any OTS-supplied template for media advisories, news releases, social media graphics, videos or posts, or any other OTS-supplied educational material.
However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a news release, educational material, or link to social media post.
• If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator.
• News releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are EXEMPT from the OTS PIO approval process. The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
• Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are EXEMPT from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with the embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email. • Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval.
• Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
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• Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication. • Use the following standard language in all press, media, and printed materials, space permitting:
Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult the OTS PIO and copy your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.
• Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.
If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grantrelated event or program. Media and program highlights are to be reflected in QPRs. • Any news releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
• For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website.
• Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.
C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)
1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)
2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
• Collect and report quarterly, appropriate data that supports the progress of goals and objectives. • Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
• Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
• Collect, analyze and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
State of California – Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PS26055
Schedule B
Attachment B
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FUND NUMBER CATALOG NUMBER
(CFDA)
FUND DESCRIPTION TOTAL AMOUNT
402PS-26 20.600 State and Community Highway
Safety
$120,065.00
COST CATEGORY FUND
NUMBER
UNIT COST OR RATE UNITS TOTAL COST TO GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
$0.00
Category Sub-Total $0.00
B. TRAVEL EXPENSES
$0.00
$0.00
Category Sub-Total $0.00
C. CONTRACTUAL SERVICES
Pedestrian and Bicycle Safety
Education Program - $120,065
402PS-26 $120,065.00 1 $120,065.00
> Conduct Quarterly Stakeholder
Meetings
402PS-26 $297.50 4 $1,190.00
> Meet and Collaborate with
Community-Based Organizations
402PS-26
$2,625 1 $2,625
> Traffic Safety Fair/Community
Events
402PS-26 $1,494.00 2 $2,988.00
> National and State Traffic Safety
Campaigns
402PS-26 $700.00 4 $2,800.00
> Walking School Buses 402PS-26 $469.00 2 $938.00
> Pre and Post Bicycle Helmet
Surveys
402PS-26 $500.00 2 $1,000.00
> Conduct Mobility Counts 402PS-26 $900.00 3 $2,700.00
> Bicycle Rodeos 402PS-26 $1,293.00 2 $2,586.00
> Conduct electric bicycle safety
presentations
402PS-26 $1,069 2 $2,138.00
> Community Bike Rides 402PS-26 $1,650.00 2 $3,300.00 > Safety Skills Classes 402PS-26 $200 200 $40,000.00 > Safety Curriculum Video Series 402PS-26 $50,000.00 1 $50,000.00 > Bicycle Helmets 402PS-26 $20.00 150 $3,000.00
> Pedestrian/Bicycle Safety Items 402PS-26 $2,000.00 1 $2,000.00 > Educational Materials 402PS-26 $2,800.00 1 $2,800.00 Category Sub-Total $120,065.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
Attachment B
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E. OTHER DIRECT COSTS
$0.00
Category Sub-Total $0.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $120,065.00
State of California – Office of Traffic Safety GRANT NUMBER GRANT AGREEMENT PS26055
Schedule B-1
BUDGET NARRATIVE
PERSONNEL COSTS
-
TRAVEL EXPENSES
-
CONTRACTUAL SERVICES
Pedestrian and Bicycle Safety Education Program - $120,065 - Santa Maria Public Works Agency will seek a contractor to assist with fulfilling the goals and objectives of this grant. Work rendered for this program will include the following expenses: fees to provide pedestrian and bicycle safety education to students at local schools and attendees of local community events and safety fairs which includes the cost to produce a bike safety curriculum manual.
Prior to finalizing the subcontract, grantee will work with the OTS to ensure the subcontract budget and all costs are allowable. Upon execution of subcontract, grantee will provide a copy of the subcontract to the OTS and will request a grant budget revision to include the associated costs of the subcontract in the grant budget as a prerequisite for claiming these costs.
> Conduct Quarterly Stakeholder Meetings – Conduct countywide pedestrian and/or bicycle safety stakeholders to collaborate on events, share best practices, and leverage resources.
4 x $297.50 = $1,190
> Meet and Collaborate with Community-Based Organizations - Work closely with community-based organizations at both the neighborhood and community level with an effort to reach individuals.
1 x $2,625 = $2,625
> Traffic Safety Fair/Community Events - Participate in traffic safety fairs and/or community events with an effort to reach individuals.
2 x $1,494 = $2,988
> National and State Traffic Safety Campaigns - Participate in the following campaigns: National Walk to School Day, National Bicycle Safety Month, California's Pedestrian Safety Month and National Pedestrian Safety Month.
4 x $700 = $2,800
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> Walking School Buses - Conduct Walking School Buses at schools with an effort to reach students.
2 x 469= $938
> Pre and Post Bicycle Helmet Surveys/Mobility Counts - Conduct pre and post-grant activities bicycle helmet usage surveys during the months of October (start of the grant) and September (end of the grant). A pre-survey will be required to determine the base year helmet use rate and a post-survey will be required to determine the operational rate. Upload completed survey to GEMS.
2 x $500 = $1,000
> Conduct Mobility Counts - Coordinate with schools to conduct mobility (mode choice) counts which will include the school name, date, number of students surveyed and mode of travel. Provide a summary of the data.
3 x $900 = $2,700
> Bicycle Rodeos - Conduct bicycle rodeos with an effort to reach individuals.
2 x $1,293 = $2,586
> Conduct Electric Bicycle Safety Presentations – Conduct presentations for young adults and adults to demonstrate how to own and operate an electric bike safely.
2 x $1,069 = $2,138
> Community Bike Rides - Conduct community bicycle rides providing bicycle safety education to promote safe bicycling in the community with an effort to reach bicyclists.
2 x $1650 = $3,300
> Safety Skills Classes - Support bicycle safety education classes for students at elementary schools.
Classes will typically take place during PE and will include helmet fitting, a bicycle safety check, clothing check and lesson-based skills such as stopping, yielding, using turn signals, among others. Bicycles and helmets will be provided. Instruction, course material, set up and take down and teacher training will be provided. Reporting will include date/location of each event, total number of students completing each course and number of new students who learned to ride for the first time.
200 x $200 = $40,000
> Safety Curriculum Video Series - Develop bicycle safety and skills training videos to complement written (previously funded) Bicycle Education Curriculum. Videos will be developed in conjunction with area schools who are currently teaching or plan to teach bicycle education as an ongoing program. Videos, based on community feedback, could include course set up, teaching each lesson, and students riding through each course, as needed. When reporting, include date/location of event, total number of students riding courses at each event and a short summary of community feedback received.
1 x $50,000 = $50,000
> Bicycle Helmets - Helmets to be distributed at no cost during bicycle rodeos and other bicycle safety related events. Cost per helmet not to exceed a Unit Cost of $20, including shipping, handling, and tax. More expensive helmets may be purchased if approved by OTS.
150 x $20 = $3,000
> Pedestrian/Bicycle Safety Items - Cost may include bicycle headlights/taillights, reflectors, and reflective items such as arm and leg bands, tape, or zipper pulls; to be distributed at no cost during bicycle rodeos, on- foot pedestrian trainings, presentations, workshops, community events and other pedestrian or bicycle traffic safety related events to increase safety and visibility. Additional items may be purchased if approved by OTS.
1 x $2,000 = $2,000
Attachment B
6/20/2025 3:20:31 PM Page 11 of 13
> Educational Materials - Costs of purchasing, developing, or printing brochures, pamphlets, fliers, coloring books, posters, signs, banners, and training materials associated with grant activities. Items shall include a traffic safety message and if space is available, the OTS logo. Draft materials must be submitted to OTS for approval. Additional items may be purchased if approved by OTS.
Purchase and Develop Educational Materials: 1 x 2,800 = $2,800
EQUIPMENT
-
OTHER DIRECT COSTS
-
INDIRECT COSTS
-
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
Attachment B
6/20/2025 3:20:31 PM Page 12
The Certifications and Assurances are being finalized by the National Highway Traffic Safety Administration, once they are available, they will be added to the grant agreement.
Attachment B
6/20/2025 3:20:31 PM Page 13
of 10
Attachment C
Atty. Rev. 2022
AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES
This Amendment No. 1 to that certain Agreement for Professional Services for Pedestrian and Bicycle Safety Professional Services, Contract No. K-PW-2024-011, dated March 19, 2024, by and between the City of Santa Maria and MOVE Santa Barbara County (the “Agreement”) is made on, by and between, MOVE Santa Barbara County, a California Corporation (“Contractor”) and the City of Santa Maria, a California Municipal Corporation and charter city (“City”), in Santa Maria, California, based on the following recitals:
1. WHEREAS, the City of Santa Maria (“City”) and MOVE Santa Barbara County (“Contractor”) entered into that certain Agreement for Professional Services dated March 19, 2024, for Pedestrian and Bicycle Safety Professional Services (the “Agreement”); and
2. WHEREAS, the City has secured additional funding through the California Office of Traffic Safety (“OTS”) under Grant No. PS26055 (Pedestrian and Bicycle Safety Program) to support enhanced safety programming, including mobility surveys, multimedia bicycle education content, helmet purchases, bicycle rodeos, and community outreach efforts as further described in the grant materials; and
3. WHEREAS, the parties desire to amend the Agreement to incorporate the new OTS- funded scope of work consistent with the objectives, goals, and activities set forth in Grant No.
PS26055, including deliverables such as pre- and post-helmet usage surveys, mobility mode choice data collection, and the production of instructional videos requested by participating school districts; and
4. WHEREAS, the parties wish to extend the Agreement’s term through October 31, 2026, to allow for completion of the OTS grant-funded tasks and activities;
NOW, THEREFORE, IT IS AGREED:
1. The scope of services is expanded to include all services necessary to implement the City’s OTS Grant No. PS26055 Pedestrian and Bicycle Safety Program, as set forth in the grant agreement and corresponding task authorizations issued by the City.
2. This Agreement shall have a not-to-exceed amount of $120,065 during the extension period, based on the scope and rate identified in the Agreement with OTS for the delivery of the grant.
3. The Agreement’s term is hereby extended to expire at 11:59 p.m. on October 31, 2026.
4. All other terms of the Agreement remain unchanged.
//
Attachment C
Atty. Rev. 2022
IN WITNESS WHEREOF, this agreement is executed by the parties on the date first written above.
MOVE SANTA BARBARA COUNTY, a
California Corporation
CITY OF SANTA MARIA, a Municipal
Corporation
___________________________
By: Heather Deutsch
Executive Director
___________________________
Brett Fulgoni
Public Works Director
ATTEST:
___________________________
Donna G. Schwartz, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:
______________________
City Attorney
______________________
Risk Manager
COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: Donna G, Schwartz, Chief Deputy City Clerk
DATE: September 16, 2025
SUBJECT: Appointment to the Recreation and Parks Commission
Description:
The City Council will consider making an appointment to the Recreation and Parks Commission.
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:
Recreation and Parks Commission
Councilmember Soto will have the opportunity to make an appointment for an unexpired term ending January 2027.
Unexpired term ending January 2027: Nomination to be made by:
Vacant Councilmember Soto
New Applications:
Geoffrey Wheeler
Charles Provencio
Yolanda Zamora
Araceli Gaspar
Floyd Watson II
Attendance Reporting:
Members of the City’s Boards, Commissions, and Committees serve an important role in advising staff and the City Council on matters that affect policy and issues that affect the future of the community; therefore, Members’ attendance is key to the work these Boards, Commissions, and Committees perform. Members serve in their capacity as Members at the pleasure of the City Council pursuant to Santa Maria Municipal Code (SMMC) Section 2-16.02. As established by SMMC 2 -16.01, Members are required to attend mee tings regularly and not miss 25 percent of the regular meetings in a calendar year, or they would be deemed to have resigned upon acceptance by the City Council. While the Municipal Code focuses on the Planning Commission, Recreation and Parks Commission, Board of Appeals, and Library Board, it is the expectation that all City 2 Boards and Committee Members participate and attend meetings in the same manner as those Boards, Commissions, and Committees defined in the Municipal Code.
BACKGROUND:
Members of the Recreation and Parks Commission are required by the Political Reform Act (Govt. Code Section 81000 -91014), and the City’s Conflict of Interest Code, to file Statements of Economic Interest, Form 700, disclosing personal assets and income within 30 days of appointment, annually thereafter, and upon leaving office. Board Members must also disqualify themselves from participating in decisions which may affect their personal economic interests. Statements of Economic Interests are public documents and may b e inspected by any member of the public and copied if requested. The Fair Political Practices Commission (FPPC) is the State agency which interprets the law’s provisions.
Copies of applications may be obtained from the City Clerk's office upon request.
Alternative(s)
A Councilmember could decide to withhold their nomination to a Board, Commission, or Committee until such time as additional applications can be received or there is sufficient opportunity for the Councilmember to contact the existing applicant(s) to be considered for nomination.
Impact on the Community
Having members of the public serve on the City’s Advisory Bodies provides a positive impact to the community, enabling the city to obtain input from all segments of the community and ensures that the community receives information regarding the activities of the City’s Boards, Committees, and Commissions.
COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: Chenin Dow, Community Development Director
DATE: September 16, 2025
SUBJECT: Adoption of Resolution Approving Community Development Block Grant Priorities Funding for Fiscal Year 2026-2027
Description:
The City Council will conduct a public hearing to receive comments on the priorities for Fiscal Year 2026-2027 funding.
Environmental Notice: This 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 approving the Community Development Block Grant priorities for Fiscal Year 2026-27 funding process; and
2. Approve the use of Fiscal Year 2026 -27 CDBG Capital funding for two City projects.
BACKGROUND:
On an annual basis, the Block Grants Advisory Committee (BGAC) reviews the priorities outlined in the City’s Five -Year Consolidated Plan and decides whether they should be modified based on community needs. The priorities are one of the tools used by the BGAC and the City Council in determining what activities and projects should receive funding to maximize the impact the City’s Community Development Block Grant (CDBG) funds will have on City residents. This is a required process under the U.S. Housing and Urban Development’s (HUD’s) adopted Citizen Participation Plan.
DISCUSSION:
As part of the required CDBG funding process, staff conducted a Community Needs Workshop on Monday, July 14, 2025. The workshop is designed to obtain information from residents and non -profit agencies concerning the unmet needs in the community.
Participants spoke about the need for affordab le housing, at-risk youth, elderly/seniors, and services for the unhoused. The needs expressed are reflected in the existing CDBG funding priorities; therefore, the BGAC recommends no changes be made to the current priorities.
2 These funding priorities are one of several tools used by the BGAC and the City Council to determine how the funding is distributed. The City also has discretion as to how the funding should be allocated based on other factors such as the immediate need of a project, the project’s tim eliness, the administrative capacity of the agency applying for funding, the applicant’s capacity to financially sustain the project long after the funding is utilized, and long-term goals imposed by the City in its five-year CDBG Consolidated Plan.
The a doption of these funding priorities by the City Council will kick off the Notice of Funding Availability (NOFA), which is scheduled to be released on Thursday, September 18, 2025. This will inform potential applicants that the application process for Fiscal Year 2026-27 has begun. During this funding cycle, staff recommends that the application process only be offered to non -profits under public services. Due to pressing needs involving the City’s public facilities, staff recommends that CDBG Capital fundin g be set aside for City -related projects that will benefit the entire community, primarily low - to moderate-income people and areas per CDBG regulations. These proposed projects include the Santa Maria Sports Complex and the City’s Tenant -Based Rental Depo sit Assistance (TBRA) Program.
The Sports Complex will enhance public recreational facilities for low - and moderate - income residents. The project currently holds $1.5 million in CDBG funding and over $6 million in State grants, both with expiration deadlines. An additional CDBG allocation would help complete critical amenities and keep the project on track for timely completion.
The TBRA program provides rental deposit assistance for low -income residents. While funded through the HOME Investment Par tnership Program, the City must use CDBG funds to cover administrative costs due to HOME Consortium rules. It is proposed that $20,000 of CDBG Capital funding be set aside to cover staff time to manage this program.
Alternative(s)
The City Council can ame nd the priorities with the understanding that it differs from the BGAC’s recommendation, the City’s adopted five-year CDBG Consolidated Plan, and that the changes may not accurately reflect the overall needs expressed of the community.
Delaying the adoption of the funding priorities will also delay the CDBG funding process for FY 2026-27.
The City Council can also choose not to set aside all the CDBG Capital funding for City projects or set aside a portion solely for non -profit projects like the minor home repair program. In doing so, the Capital funding for City-related projects would be impacted.
Fiscal Considerations
HUD has not yet released official figures, but staff anticipates approximately $1 million will be available for Capital funding in FY 2026 -27. Allocating this funding to the Sports Complex and TBRA administration would prevent the need for General Fund contributions.
3 Impact to the Community
The proposed action will have a positive impact on the community by providing the BGAC and potential sub-recipients with a decisive outline of the priorities for the upcoming funding cycle.
ATTACHMENT(S):
A. Resolution
B. Proposed FY 2026-27 Priorities
Attachment A
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MARIA, CALIFORNIA
APPROVING THE COMMUNITY DEVELOPMENT BLOCK GRANT
PRIORITIES FOR 2026-2027
FISCAL YEAR FUNDING PROCESS
WHEREAS, the City of Santa Maria has been eligible for Federal funding on an annual basis since 1975 under the Community Development Block Grant (CDBG) Program; and
WHEREAS, the funds may be used at the discretion of the City if the City’s activities comply with Federal regulations and meet one of three national objectives; and
WHEREAS, the national objectives are: 1) primary benefit to low and moderate - income persons; 2) prevention or elimination of slums or blight; or 3) meet an urgent community-wide need, such as one caused by a major catastrophic event (i.e., flooding, earthquake, etc.); and
WHEREAS, the Block Grants Advisory Committee (BGAC) annually reviews the priorities from the previous fiscal year , which were adopted and approved by the City Council; and
WHEREAS, based on community partici pation and the U.S. Department of Housing and Urban Development (HUD) recommendations, the BGAC recommends that the priorities remain the same for the 2026-2027 Fiscal Year, as they have been for the 2025-2026 Fiscal Year.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, as follows:
SECTION 1. Authorize and direct the BGAC to adopt the funding priorities for the upcoming 2026-2027 Fiscal Year; and
SECTION 2. The City Manager, or designee, is hereby authorized to make minor changes to these adopted priorities, so long as substantial conformance with the intent of the document is maintained; and
SECTION 3 . Authorize and direct the Chief Deputy City Clerk to make minor changes herein to address clerical errors, so long as substantial conformance with 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 16th day of September 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
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
PROPOSED FUNDING PRIORITIES
FOR FISCAL YEAR 2026-2027
Approved by the Block Grants Advisory Committee (BGAC) on Monday, July 14, 2025
A. Prevent homelessness, address critical needs, and assist at-risk youth, the elderly, and underserved populations
i. Assist low- to moderate -income people in need of food, shelter, clothing, health care , and/or safety.
ii. Prevent juvenile delinquency and divert at -risk youth from gang involvement, crime, substance abuse, family violence, school problems, and out-of-control behavior. iii. Address the housing, health care , accessibility , and service needs of underserved populations, such as, but n ot limited to, the elderly and persons with mental, physical, emotional, and developmental disabilities and/or diseases.
B. Expand educational and development opportunities
i. Support and develop social services and facilities , and provide opportunities for youth development that will provide positive experiences needed by youth to achieve success. ii. Encourage programs to improve academic performance and educational outcomes for those in preschool through grade 12.
iii. Support and encourage programs to provide adult literacy training and encourage lifelong learning.
C. Provide affordable housing
i. Develop and support programs and projects to increase the supply of affordable housing for low to moderate-income persons.
ii. Maintain and upgrade existing low to moderate -income neighborhoods and preserve affordable housing stock.
iii. Provide services that will assist low to moderate -income homeowners and renters to continue living in their homes safely.
D. Revitalize existing neighborhoods
i. Revitalize existing neighborhoods in low to moderate-income areas by increasing services such as supportive social services and upgrading public infrastructure s, such as street lighting, improved sidewalks, parks, and recreational public facilities.
Note: The priorities are not listed in order of importance but itemized for reference purposes only. Priorities A and B will only be considered for CDBG public services funding.
COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: Chenin Dow, Community Development Director
DATE: September 16, 2025
SUBJECT: Adoption of Resolutions Authorizing Use of Bond Opportunities for Land Development Program and Authorizing the City of Santa Maria to Join the Statewide Community Infrastructure Program
Description:
The City Council will consider adopting resolutions authorizing the City to enter the Bond Opportunities for Land Development (BOLD) Program, administered by the Calif ornia Municipal Finance Authority (CMFA), and the Statewide Community Infrastructure Program (SCIP), administered by the California Statewide Communities Development Authority (CSCDA).
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 authorizing the use of the Bond Opportunities for Land Development (BOLD) program and authorizing the California Municipal Finance Authority to accept applications from property owners, conduct proceedings and levy special taxes within the City of Santa Maria pursuant to the Mello -Roos Community Facilities of 1982, as amended; and authorizing related actions.
2. Adopt a Resolution authorizing the City of Santa Maria to join the Statewide Community Infrastructure Program (SCIP), authorize the California Statewide Communities Development Au thority to accept applications from property owners, conduct special assessment proceedings and levy assessments and special taxes and to form assessment districts and community facilities districts within the territory of the City of Santa Maria; embodyin g a joint community facilities agreement setting forth the terms and conditions of community facilities district financing; approving form of acquisition agreement for use when applicable, and to authorize related actions.
BACKGROUND:
The City Council has identified economic development as a key priority for the City of Santa Maria, with a focus on economic growth, job creation, and providing housing options for local residents. Yet current market conditions, including the effects of inflation 2 as well as high interest rates for construction loans, can present challenges for new development.
Enter the BOLD and SCIP Programs. Offered by the California Municipal Finance Authority and the California Statewide Communities Development Authority, respectively, these programs equip the City and developers alike with a new resource to finance public infrastructure required for new development within the City at no cost to the City itself.
Financing is provided through tax -exempt municipal bonds, administered ent irely by CMFA and CSCDA. Authorizing use of the BOLD and SCIP Programs will allow greater flexibility for the development community, thus facilitating new development and economic growth, while also lessening the administrative burdens on City staff.
DISCUSSION:
CMFA BOLD Program
The City is a member of the California Municipal Finance Authority (CMFA), a statewide joint powers authority whose members include numerous cities, counties, and other public agencies throughout California. CMFA ’s Bond Opportunities for Land Development (BOLD) Program is specifically designed to help local government municipalities, schools, and land developers work together to cost -effectively fund public infrastructure projects and development fees. The program recognizes that new development often challenges local government agencies ’ ability to provide infrastructure and schools, since new development triggers the need to construct, acquire, or otherwise provide additional public facilities to accommodate growth.
Under the BOLD Program, bonds are issued by Community Facilities Districts (CFDs) formed by CMFA under the Mello -Roos Community Facilities Act of 1982. The Mello - Roos Act offers great financing flexibility and is commonly used by cities, schools, and other local agencies throughout California to generate funds for the payment of public facilities, including development fees for facilities. CFDs can also be structured to pay for maintenance of public facilities and other service costs that benefit the City o f Santa Maria.
The BOLD program represents a cost -effective form of land -secured financing that directly supports Santa Maria ’s economic development objectives. The more cost - effective a bond financing structure is, the greater overall public benefit it yields because more proceeds are available for the acquisition of public infrastructure that supports community growth. The development community has expressed a desire for the City to adopt and implement the BOLD Program, demonstrating strong private sector support for this pro-business initiative.
The program requires minimal City involvement while providing maximum benefit to Santa Maria’s development climate. Although CFDs would be formed within the City ’s jurisdiction, the City Council is only required to adopt a resolution approving participation in the BOLD Program. Thereafter, CMFA will work with staff to ensure that the program is meeting Santa Maria’s specific objectives. CMFA and its consultant team will form and 3 approve each CFD, issue bonds on b ehalf of the CFD, and levy and collect the special taxes each year. This streamlined approach allows City staff to focus on other critical aspects of facilitating land development projects rather than bond administration.
The program maintains strict credi t criteria to ensure successful financing outcomes.
Projects must meet a minimum four -to-one value -to-debt ratio, have no discretionary approvals required for build-out, possess necessary entitlements for the bonded phase, and have completed or imminent fi nancing plans for backbone infrastructure. Credit criteria are reviewed on a case -by-case basis to ensure reasonable interest rates at issuance, and similar credits can be pooled together into single bond issues to maximize cost-effectiveness.
Administration of all aspects of the BOLD Program is handled by CMFA without cost to or burden on the City. City staff time can and will be reimbursed by participating developers upfront and by CMFA once bonds are issued. Additionally, CMFA shares a portion of its is suance fees directly with member communities and makes grants to the California Foundation for Stronger Communities to fund charities designated by member communities. This revenue-sharing approach provides direct financial benefits to Santa Maria while su pporting the community development goals that align with the City Council’s vision.
CSCDA SCIP Program
The California Statewide Communities Development Authority (CSCDA) is a joint powers authority sponsored by the League of California Cities and the Cali fornia State Association of Counties. The City is among 530 cities, counties, and special districts throughout California that are members of CSCDA. The Statewide Community Infrastructure Program (SCIP) was instituted by CSCDA in 2002 to allow property owners in participating cities and counties to finance development-related fees through a pooled special assessment districts program. Since its inception, SCIP has issued over $1 billion in land-secured special assessment and CFD bonds for development projects throughout California, establishing a proven track record that supports Santa Maria ’s economic development goals.
SCIP has expanded significantly from its original scope to include financing of public capital improvements directly in addition to fees, and has been further expanded to include community facilities districts and options to finance public services for stand-alone bond issues. This flexibility makes SCIP particularly valuable for supporting diverse development projects that contribute to Santa Maria’s economic growth and complement the City Council’s business-friendly policies.
When property owners apply to participate in SCIP and the Agency approves the application, selected public capital improvements, facilities, and development -related fees owed to the Agency will be financed through bond issuance by CSCDA. Property owners can work with the Agency and SCIP team to have CSCDA form either an assessment district or a community facilities district based on project needs. CSCDA determines whether projects will be included in the pooled program, where no developer 4 is responsible for payment related to any other project, or implemented as stand -alone financing depending on projected bond sizing and other factors.
The program provides significant advantages to property owners that make development more attractive in Santa Maria. Property owners receive low -cost, long-term tax-exempt financing instead of paying cash for improvements and fees, which frees up capital for other development purposes. P roperty owners can choose to pay off assessments or special taxes at any time, providing flexibility that appeals to the development community.
For homebuyers, paying for infrastructure costs through assessment or special tax financing is typically superio r to having those costs included in home prices because it results in smaller mortgage amounts that make qualification easier.
SCIP offers particular benefits for Santa Maria’s economic development strategy because it makes tax -exempt financing accessible to smaller projects that would not otherwise qualify. Projects as small as $500,000 can access financing that would not be economical on a stand -alone basis, opening development opportunities for local and regional developers who contribute to Santa Maria’s diverse economic base.
The program provides substantial operational benefits that align with the City Council ’s efficiency objectives. The Agency faces no liability to repay bonds issued by CSCDA or the assessments or special taxes imposed on participa ting properties. CSCDA handles all district formation, district administration, bond issuance, and bond administration functions, allowing the City to provide tax -exempt financing to property owners while committing virtually no staff time to program admin istration. This efficient approach enables staff to focus on core municipal services while still supporting robust economic development.
SCIP enhances Santa Maria ’s competitive position in attracting new development by helping cushion the impact of rising public capital improvement costs and development - related fees on new projects. Many developers rely on assessment district or CFD financing through SCIP when making land purchase decisions, giving Santa Maria a competitive advantage in the regional develo pment market. The availability of financing encourages developers to pull permits and pay fees in larger blocks, providing the City with immediate access to revenues for public infrastructure rather than receiving incremental payments over extended periods.
Benefits to the City of Santa Maria
Both financing programs provide significant advantages that directly support Santa Maria’s economic development goals and the City Council ’s commitment to maintaining a business-friendly environment. The City faces no financial risk under either program because the City is not liable for bond repayment, with all obligations secured by assessments or special taxes on participating properties. Both programs require minimal City administration since external agencies hand le all district formation, bond issuance, and ongoing administration with minimal staff time commitment.
5 These financing tools enable development projects that might otherwise be financially infeasible, expanding the range of development opportunities ava ilable in Santa Maria.
They provide immediate revenue access through upfront payment of fees rather than extended payment schedules, improving the City ’s cash flow for infrastructure investments. The availability of tax -exempt financing creates a competiti ve advantage that attracts development to Santa Maria rather than competing jurisdictions, directly supporting the City Council’s economic development objectives.
Alternative(s)
The City Council may decide not to authorize the BOLD and SCIP Programs, which would prevent the development community from using these tools to aid in financing new projects.
Fiscal Considerations
None. All costs and expenses related to the formation, issuance of bonds and ongoing administration for any CFD or assessment dist rict formed under the BOLD or SCIP program is the responsibility of CMFA or CSCDA, respectively, and there is no liability or fiscal impact on the City. The City can be reimbursed for staff time expended on the program.
Conversely, to the extent that these programs facilitate and/or expedite new development that would be impractical in the absence of these financing tools, BOLD and SCIP will aid in generating new property and sales tax revenue to the City.
Impact to the Community
The adoption of the SCIP and BOLD Programs will create two new resources to aid in the City of Santa Maria’s efforts to grow the local economy and facilitate new development, thus providing new amenities for local residents at no cost to the City.
ATTACHMENT(S)
A. Resolution – BOLD Program
B. Resolution – SCIP
C. Form of Resolution of Intention to Be Adopted by CSCDA D. Form of Acquisition Agreement
E. Eligible Facilities and Fees
F. Eligible Services
G. Certificate of Resolution
Attachment A
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MARIA, CALIFORNIA
AUTHORIZING THE USE OF THE BOND OPPORTUNITIES FOR LAND
DEVELOPMENT (BOLD) PROGRAM AND AUTHORIZING THE
CALIFORNIA MUNICIPAL FINANCE AUTHORITY TO ACCEPT
APPLICATIONS FROM PROPERTY OWNERS, CONDUCT
PROCEEDINGS AND LEVY SPECIAL TAXES WITHIN THE CITY OF
SANTA MARIA PURSUANT TO THE MELLO-ROOS COMMUNITY
FACILITIES ACT OF 1982, AS AMENDED; AND AUTHORIZING
RELATED ACTIONS
WHEREAS, the California Municipal Finance Authority (the “CMFA”) is a joint exercise of powers authority , the members of which include numerous cities, counties and other local agencies in the State of California (the “State”); and
WHEREAS, City of Santa Maria (the “City”) is currently a member of CMFA in good standing; and
WHEREAS, the CMFA has established the Bond Opportunities for Land Development Program (the “BOLD Program”) to allow the financing of certain public facilities and/or certain development impact fees that finance public facilities (together, the “Improvements”) levied by local agencies in the State through the levy of special taxes under the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”); and
WHEREAS, the CMFA from time to time may be requested by owners of land within the City to utilize the BOLD Program for the financing of Improvements related to new development within the City, which Improvements will be financed for acquisition by the City or to finance impact fees payable to the City in connection with new development; and
WHEREAS, the City desires to allow the owners of property within the City to participate in the BOLD Program (“Participating Developers”) and to allow the CMFA to conduct proceedings under the Act to form community facilities districts (“CFDs”) from time to time under the Act, to levy special taxes within such CFDs, and to issue bonds secured by such special taxes under the Act to finance the Improvements, p rovided that such Participating Developers vote in favor of the levy of such special taxes and bonded indebtedness; and
WHEREAS, property owners within the jurisdiction of the City may in the future elect to be Participating Developers upon obtaining approval of the CMFA, and the CMFA may conduct proceedings under the Act to form CFD s, levy special taxes within such CFDs and issue bonds secured by such special taxes to finance Improvements; and
WHEREAS, the City will not be responsible for the conduct of any proceedings under the Act for the formation of any CFD, the levy or collection of special taxes for any CFD or any required remedial action in the case of delinquencies in any special tax payments, or the issuance, sale or administration of any bonds issued in connection with the BOLD Program; and
WHEREAS, the City finds that the BOLD program offered by the CMFA can provide significant public benefits, and in conformance with Government Code Section 6586.5 relating to the issuance of bonds by a joint powers authority of which the City is a member, notice was published at least five days prior to the adoption of this resolution at a public hearing, which was duly conducted by this City Council concerning the significant public benefits of the BOLD Program and the bond financing of the Improvements from time to time; and
WHEREAS, bonds of BOLD Program CFDs are issued through CMFA, with no involvement of the City needed other than approving the use of the program and, prior to actual issuance of bonds, entering into an agreement to acquire the public facilitie s or fees to be paid for with the bond proceeds , and CMFA authorizes and issues the bonds in their name and awards their sale to the bond underwriter per the underwriter’s credit requirements; and
WHEREAS, CMFA’s financing team provides the bond documenta tion and the Official Statement for the bonds through its bond counsel; and
WHEREAS, by authorizing use of the BOLD Program in the City, the City will not be liable to repay the bonds issued by CMFA or the special taxes imposed on the participating properties and would have no contractual relationship with bond owners or the bond trustee; and
WHEREAS, upon issuance of the bonds, proceeds are a funding source for direct payment of impact fees or to otherwise reimburse developer costs for public facilities associated with new development ; once the bond issuance occurs, bond proceeds are available to be disbursed pursuant to a joint community facilities agreement and/or acquisition agreement between CMFA and the City for each project, the form of which is subject to approval by City staff, and the bond proceeds are held by a bond trustee or fiscal agent and become available to a Participating Developer as directed by the City for use on public capital improvements benefitting the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA MARIA, AS FOLLOWS:
SECTION 1. The use of the BOLD Program in connection with the financing of Improvements is hereby authorized and approved. The appropriate officials and staff are hereby authorized and directed to allow BOLD Program participation to be available to property owners who are subject to the payment of fees for new development and/or who are conditioned to install public improvements in connection with new development.
Attachment A
SECTION 2. The City hereby finds and declares that the issuance of bonds by the CMFA in connection with the BOLD Program will provide significant public benefits, including without li mitation, savings in effective interest rate, bond preparation, bond underwriting and bond issuance costs and the more efficient delivery of local agency services to residential and commercial development within the City.
SECTION 3. In connection with the issuance of bonds from time to time by the CMFA for the BOLD Program, a form of acquisition agreement, joint community facilities agreement or similar agreement will be required to be entered into, and the form of such agreement will be subject to approva l by the City Manager , Director of Community Development or their respective designees. The City Council finds and declares that entrance into each such agreement will constitute a “joint community facilities agreement” for purposes of the Act and shall be beneficial to residents of the City. Any such agreement may include, directly or by reference, City standards, policies and procedures applicable to the financing of public facilities constructed by developers for acquisition by the City.
SECTION 4. The appropriate officials and staff of the City are hereby authorized and directed to allow and approve BOLD Program participation by requesting property owners that are required to install public improvements and/or the payment of fees in connection with new development in the City, including signing developer applications or other documents evidencing the official intent of the City to reimburse itself in connection with each project from the proceeds of tax-exempt obligations issued by CMFA as part of the BOLD Program, and to advise such owners requesting participation in BOLD that the City has approved the BOLD Program; provided that the CMFA shall be responsible for providing applications and processing of documentation and related materials at its own expense.
SECTION 5. This Resolution shall take effect immediately upon its adoption. The Chief Deputy City Clerk is hereby authorized and directed to transmit a certified copy of this resolution to the Secretary of CMFA.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria held on this 16th day of September 2025.
Mayor
ATTEST:
Chief Deputy City Clerk
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO CONTENT:
Department Director
City Manager
Attachment B
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MARIA, CALIFORNIA
AUTHORIZING THE CITY OF SANTA MARIA TO JOIN THE STATEWIDE COMMUNITY INFRASTRUCTURE PROGRAM; AUTHORIZING THE
CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY
TO ACCEPT APPLICATIONS FROM PROPERTY OWNERS, CONDUCT
SPECIAL ASSESSMENT PROCEEDINGS AND LEVY ASSESSMENTS
AND SPECIAL TAXES AND TO FORM ASSESSMENT DISTRICTS AND
COMMUNITY FACILITIES DISTRICTS WITHIN THE TERRITORY OF THE CITY OF SANTA MARIA; EMBODYING A JOINT COMMUNITY FACILITIES
AGREEMENT SETTING FORTH THE TERMS AND CONDITIONS OF
COMMUNITY FACILITIES DISTRICT FINANCINGS; APPROVING FORM OF ACQUISITION AGREEMENT FOR USE WHEN APPLICABLE; AND
AUTHORIZING RELATED ACTIONS
WHEREAS, the California Statewide Communiti es Development Authority (the “Authority”) is a joint exercise of powers authority, lawfully formed and operating within the State pursuant to an agreement (the “Joint Powers Agreement”) entered into as of June 1, 1988 under the authority of Title 1, Division 7, Chapter 5 (commencing with Section 6500) of the California Government Code (the “JPA Law”), the members of which include numerous cities, counties and local agencies in the State of California , including the City of Santa Maria (the “Agency”); and
WHEREAS, the Joint Powers Agreement authorizes the Authority to undertake financing programs under any applicable provisions of State law to promote economic development, the stimulation of economic activity, and the increase of the tax base within the jurisdictional boundaries of its members (such members, the “Program Participants”); and
WHEREAS, as one of the Programs under the Joint Powers Agreement, the Authority has established the Statewide Community Infrastructure Program (“SCIP”) to allow the finan cing of certain public capital improvements to be constructed by or on behalf of property owners for acquisition by the Agency or another public agency (the “Improvements”) and improvements eligible for funding from certain development impact fees, capacity fees and/or other development related charges (the “Fees”) levied in accordance with the Mitigation Fee Act (California Government Code Sections 66000 and following) and other authority providing for the levy of fees on new development to pay for public capital improvements (collectively, the “Fee Act”) through the levy of special assessments pursuant to the Municipal Improvement Act of 1913 (Streets and Highways Code Sections 10000 and following) (the “1913 Act”) and the issuance of improvement bonds (the “Improvement Bonds”) under the Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 and following) (the “1915 Act”) upon the security of the unpaid special assessments; and
Attachment B
WHEREAS, the “Mello-Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 (beginning with Section 53311) of the Government Code of the State (the “Mello-Roos Act”) is an applicable provision of State law available to, among other things, finance public improvements and public servic es (“Services”) necessary to meet increased demands placed upon local agencies as a result of development; and WHEREAS, the Authority also uses SCIP to allow the financing of Fees and Improvements through the levy of special taxes and the issuance of speci al tax bonds (the “Special Tax Bonds” and, together with the Improvement Bonds, the “Local Obligations”) under the Mello-Roos Act upon the security of the special taxes and to allow the financing of Services through the levy of special taxes under the Mello Roos Act; and WHEREAS, the Agency desires to allow the owners of property being developed within its jurisdiction (“Participating Developers”) to participate in SCIP and to allow the Authority to conduct proceedings and to form community facilities distr icts (“CFDs”) and to issue Local Obligations under the Mello -Roos Act, as well as to conduct assessment proceedings to form assessment districts (“Assessment Districts”) under the 1913 Act and to issue Local Obligations under the 1915 Act, to finance Fees levied on such properties and Improvements, provided that such Participating Developers voluntarily agree to participate and consent to the levy of the assessments or special taxes, as applicable; and
WHEREAS, the Agency desires to allow the Participating Developers to participate in SCIP and to allow the Authority to conduct proceedings and to form CFDs to levy special taxes to finance Services, provided that such Participating Developers voluntarily agree to participate and consent to the levy of such special taxes and that such CFDs are not pooled together with projects in other jurisdictions; and WHEREAS, from time to time when eligible property owners within the jurisdiction of the Agency elect to be Participating Developers, the Authority will conduct proceedings under the 1913 Act and the Mello -Roos Act and issue Local Obligations under the 1915 Act and the Mello-Roos Act to finance Fees and Improvements and, at the conclusion of such proceedings, will levy assessments or special taxes, as applicable on such property within the territory of the Agency; and
WHEREAS, both the Authority and the Agency are “local agencies” under the Mello-Roos Act; and
WHEREAS, the Mello-Roos Act permits two or more local agencies to enter into a joint community facilities agreement to exercise any power authorized by the Mello-Roos Act; and
WHEREAS, the Agency desires to enter into such an agreement with the Authority to authorize the Authority to form CFDs from time to time within the territorial limits of the Agency to finance Fees, Improvements and Services necessitated by new development; and
WHEREAS, there has been presented to this meeting a proposed form of Resolution of Intention to be adopted by the Authority in connection with assessment proceedings (the “ROI”), incorporated herein by reference and attached as Attachment A to the September 16, 2025, Council Agenda Report, and the territory within which Attachment B
assessments may be levied for SCIP (provided that each Participating Developer consents to such assessment) shall be coterminous with the Agency’s official boundaries of record at the time of adoption of such ROI, and reference is hereby made to such boundaries for the plat or map required to be included in this Resolution pursuant to Section 10104 of the Streets and Highways Code; and
WHEREAS, there has also been presented to this meeting a proposed form of Acquisition Agreement (the “Acquisition Agreement”), incorporated herein by reference and attached as Attachment B to the September 16, 2025, Council Agenda Report, to be approved as to form for use with respect to any Improvements to be constructed and installed by a Participating Developer and for which the Participating Developer requests acquisition financing as part of its SCIP application; and WHEREAS, the Agency will not be responsible for the conduct of any proceedings; the levy or collection of assessments or special taxes or any required remedial action in the case of delinquencies in such assessment or special tax payments; or the issuance, sale or administration of the Local Obligations or any other bonds issued in connection with SCIP; and
WHEREAS, the Authority periodically issues Local Obligations on behalf of the local agency participants in SCIP to provide financing for the Fees and Improvemen ts; and
WHEREAS, where the Authority determines a project is eligible for a SCIP pooled issuance, the Authority issues revenue bonds pursuant to the Marks -Roos Local Bond Pooling Act of 1985, consisting of Article 4 (commencing with Section 6584) of Chapte r 5, Division 7, Title 1 of the California Government Code (the “Marks-Roos Act”) concurrently with the issuance of Local Obligations, the proceeds of which are used to purchase the Local Obligations; and
WHEREAS, pursuant to Government Code Section 6586.5, notice was published at least five days prior to the adoption of this resolution at a public hearing, which was duly conducted by this City Council concerning the significant public benefits of SCIP and the financing of the Improvements and the public capital improvements to be paid for with the proceeds of the Fees.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Maria as follows:
SECTION 1. This resolution shall constitute full “local approval,” under Section 9 of the Joint Powers Agreement, for the issuance of bonds by the Authority in accordance herewith and the issuance of any refunding bonds therefor.
SECTION 2. The Agency hereby consents to the conduct of proceedings by the Authority under the Mello Roos Act to form CFDs with boundaries that shall be coterminous with the Agency’s official boundaries of record at the time of such proceedings or any portion thereof (the “Proposed Boundaries”), and to authorize a special tax and to issue bonds with respect thereto; provided that the Participating Developers, who shall be the legal owners of such property at the time of formation of the CFD, execute a written consent to the levy of special tax in connection with SCIP by the Attachment B
Authority and execute a ballot in favor of the formation of such CFD and the Mello -Roos Act.
SECTION 3. The Agency hereby consents to the conduct of special assessment proceedings by the Authority i n connection with SCIP pursuant to the 1913 Act and the issuance of Local Obligations under the 1915 Act on any property within the Proposed Boundaries; provided, that:
(1) Such proceedings are conducted pursuant to one or more Resolutions of Intention in substantially the form of the ROI; and
(2) The Participating Developers, who shall be the legal owners of such property at the time of the formation of the Assessment District, execute a written consent to the levy of assessments in connection with SCIP by the Authority and execute an assessment ballot in favor of such assessment in compliance with the requirements of Section 4 of Article XIIID of the State Constitution.
SECTION 4. This resolution sets forth the terms of a “joint community facilities agreement” (as defined in Section 53316.2 of the Mello Roos Act) between the Agency and the Authority. Adoption by the Commission of the Authority of each Resolution of Intention to form a CFD under the Mello -Roos Act to finance Agency Improvements, Agency Fees or Agency Services shall constitute acceptance of the terms hereof by the Authority with respect to such CFD. This Resolution and the Authority’s Resolution of Intention for the respective CFDs shall together embody a separate and independent joint community facilities agreement, or a joint agreement to fund services, for each CFD formed by the Authority (the “Joint Agreement”).
SECTION 5. The City Council hereby finds and determines that this resolution and the Joint Agreement are beneficial to the reside nts/customers of the Agency and are in the best interests of the residents of the Agency, and of the future residents of the area within the proposed CFDs and Assessment Districts. The Agency hereby finds and declares that the issuance of revenue bonds by the Authority to purchase Local Obligations, and the issuance of bonds to refund such revenue bonds, in connection with SCIP will provide significant public benefits, including without limitation, savings in effective interest rate, bond preparation, bond underwriting and bond issuance costs, and the more efficient delivery of local agency services to residential and commercial development within the Agency.
SECTION 6. The Authority has adopted Local Goals and Policies as required by Section 53312.7 of the Mello-Roos Act. The Agency approves the use of those Local Goals and Policies in connection with the formation of CFDs. The Agency hereby agrees that the Authority may act in lieu of the Agency under those Local Goals and Policies in forming and administering the CFDs.
SECTION 7. The Authority has prepared and will update from time to time the “SCIP Manual of Procedures” (the “Manual”), and the Agency will handle Fee revenues and funds for Improvements for properties participating in SCIP in accordance with the procedures set forth in the Manual.
SECTION 8. Pursuant to the Mello-Roos Act and this resolution, the Authority may conduct proceedings under the Mello-Roos Act to form the CFDs and to have such CFDs Attachment B
authorize the financing of (i) any or all of the f acilities and Fees set forth on Attachment C, and (ii) any or all the Services set forth on Attachment D, incorporated herein by reference and attached as Attachments C and D to the September 16, 2025, Council Agenda Report. All of the facilities, whether to be financed directly or through Fees, shall be facilities that have an expected useful life of five years or longer and are facilities that the Agency or other local public agencies, as the case may be, are authorized by law to construct, own or operate , or to which they may contribute revenue. The appropriate officials and staff of the Agency are hereby authorized and directed to cooperate with the Authority and the Authority’s special tax consultant and other consultants to calculate the appropriate level of the special tax to fund the Services for each CFD in connection with initial formation and in connection with the annual levy. Attachment C and Attachment D may be modified from time to time by written agreement between an authorized representative of the Authority and of the Agency. The facilities are referred to herein as the “Improvements,” and the Improvements to be owned by the Agency are referred to as the “Agency Improvements.” The Fees paid or to be paid to the Agency are referred to as the “Agency Fees”. The Services funded are referred to as the “Agency Services”. The financing of the Agency Services shall only be authorized for stand -alone development projects and Local Obligations may not be issued to fund Services.
SECTION 9. For Improvements, Fees or Services to be owned, used or provided by another local agency (a “Third Party Local Agency”), the Authority will separately identify them in its proceedings and will enter into a joint community facilities agreement with such Third Party Loc al Agency as required by the Mello -Roos Act. Each joint community facilities agreement with each Third Party Local Agency will contain a provision that the Third Party Local Agency will provide indemnification to the Agency to the same extent that the Agency provides indemnification to the Third Party Local Agency under the terms of this resolution.
SECTION 9 . The Agency acknowledges that Improvements and Fees will be funded through a CFD only if they are necessary to meet increased demands placed upon the Agency as a result of development occurring or expected to occur within the proposed CFD and Services will be funded through a CFD only if they are in addition to those provided in the territory of the CFD before the CFD was created and will not supplant existing services. In connection with the formation of each CFD, as may be required by the Authority’s procedures, the Agency shall certify that such requirements are satisfied in form and substance satisfactory to the Authority.
SECTION 10 . The Authority shall promptly transfer special tax collections for Agency Services, after payment of its own reasonable administrative costs incurred in the administration of the CFDs, to the Agency. The Authority will apply the other special tax collections initially as required by the documents under which any Local Obligations are issued; and thereafter, to the extent not provided in the Local Obligations documents, may pay its own reasonable administrative costs. The Authority will remit any special tax revenues from any particular CFD remaining after the final retirement of all related Local Obligations to the Agency and to the other local agencies in the proportions specified in the Authority’s proceedings. The Agency will apply any such special tax revenues it receives for authorized Agency Improvements, Agency Fees and/or Agency Services, as applicable, and its own administrative costs only as permitted by respective CFD proceedings and by the Mello -Roos Act. The joint community facilities agreements with each Third Party Local Agency must require the Third Party Local Agency to apply the Attachment B
special tax revenues they receive for their authorized Improvements, Fees and/or Services under the CFDs and for their own related administrative costs only as permitted by the Mello-Roos Act.
SECTION 11 . The Authority will administer the CFDs, including employing and paying all consultants, annually levying the special tax and all aspects of paying and administering the Local Obligations, and complying with all State and Federal requirements appertaining to the proceedings, including the requirements of the United States Internal Revenue Code. The Agency will cooperate fully with the Authority in respect of the requirements of the Internal Revenue Code and to the extent informatio n is required of the Agency to enable the Authority to perform its disclosure and continuing disclosure obligations with respect to the Local Obligations and any revenue bonds, although the Agency will not participate in nor be considered to be a participa nt in the proceedings respecting the CFDs (other than as a party to the agreement embodied by this resolution) nor will the Agency be or be considered to be an issuer of the Local Obligations nor any revenue bonds. The Authority is required to obtain a pro vision equivalent to this paragraph in all joint community facilities agreements with each Third Party Local Agency.
SECTION 12 . In the event the Authority completes issuance and sale of Local Obligations, and Local Obligation proceeds become available to finance the Improvements, the Authority shall establish and maintain a special fund for each development project (the “Acquisition and Construction Fund”). The portion of Local Obligation proceeds which is intended to be utilized to finance the Improvement s and Fees shall be deposited in the Acquisition and Construction Fund. The Acquisition and Construction Fund will be available both for Agency Improvements and Agency Fees and for the Improvements and Fees pertaining to each Third Party Local Agency.
Subaccounts shall be created as necessary.
SECTION 13. As respects the Authority and each Third Party Local Agency, the Agency agrees to fully administer, and to take full governmental responsibility for, the construction or acquisition of the Agency Improveme nts and for the administration and expenditure of the Agency Fees, as applicable, including but not limited to environmental review, approval of plans and specifications, bid requirements, performance and payment bond requirements, insurance requirements, contract and construction administration, staking, inspection, acquisition of necessary property interests in real or personal property, the holding back and administration of retention payments, punch list administration, and the Authority and each Third Party Local Agency shall have no responsibility in that regard. The Agency reserves the right, as respects each Participating Developer, to require the Participating Developer to contract with the Agency to assume any portion or all of this responsibility. The Authority is required to obtain provisions equivalent to this paragraph in the joint community facilities agreement with each Third Party Local Agency.
SECTION 14. The Agency agrees to indemnify and to hold the Authority, its other members, and its other members’ officers, agents and employees, and each Third Party Local Agency and their officers, agents and employees (collectively, the “Indemnified Parties”) harmless from any and all claims, suits and damages (including costs and Attachment B
reasonable attorneys’ fees) arising out of the design, engineering, construction and installation of the Agency Improvements and the improvements to be financed or acquired with the Agency Fees. The Agency reserves the right, as respects each Participating Developer, to require the Participating Developer to assume by contract with the Agency any portion or all of this responsibility. The Authority is required to obtain a provision equivalent to this paragraph in all joint community facilities agreements with each Third Party L ocal Agency naming the Agency and its officers, agents and employees as Indemnified Parties with respect to each Third Party Local Agency’s respective Improvements and the improvements to be constructed or acquired with each Third Party Local Agency’s Fees.
SECTION 15. As respects the Authority and each Third Party Local Agency, the Agency agrees – once the Agency Improvements are constructed according to the approved plans and specifications, and the Agency and the Participating Developer have put in place their agreed arrangements for the funding of maintenance of the Agency Improvements – to accept ownership of the Agency Improvements, to take maintenance responsibility for the Agency Improvements, and to indemnify and hold harmless the Indemnified Parties to the extent provided in the preceding paragraph from any and all claims, etc., arising out of the use and maintenance of the Agency Improvements. The Agency reserves the right, as respects the Participating Developer, to require the Participating Developer by contract with the Agency to assume any portion or all of this responsibility. The Authority is required to obtain a provision equivalent to this paragraph in all joint community facilities agreements with each Third Party Local Agency naming the Agency and its officers, agents and employees as Indemnified Parties.
SECTION 16. The Agency acknowledges the requirement of the Mello -Roos Act that if the Agency Improvements are not completed prior to the adoption by the Commission of the Authority of the Resolution of Formation of the CFD for each respective development project, the Agency Improvements must be constructed as if they had been constructed under the direction and supervision, or under the authority of, the Agency. The Agency acknowledges that this means all Agency Improvements must be constructed under contracts that require the payment of prevailing wages as required by Section 1720 and following of the Labor Code of the State of California. The Authority makes no representation that this requirement is the only applicable legal requirement in this regard. The Agency reserves the right, as respects the Participating Developer, to assign appropriate responsibility for compliance with this paragraph to the Participating Developer.
SECTION 17 . The form of the Acquisition Agreement incorporated herein by reference and attached as Attachment B to the September 16, 2025, Council Agenda Report, is hereby approved, and the City Manager, Mayor, or any other officer of the Agency (each, an “Authorized Of ficer”) is authorized to execute, and deliver to the Participating Developer, the Acquisition Agreement on behalf of the Agency in substantially that form, with such changes as shall be approved by the Authorized Officer after consultation with the City Attorney and the Authority’s bond counsel, such approval to be conclusively evidenced by the execution and delivery thereof.
SECTION 18 . After completion of the Agency Improvements and appropriate arrangements for the maintenance of the Agency Improvements, or any discrete portion thereof as provided in Section 53313.51 of the Mello -Roos Act and in the Acquisition Attachment B
Agreement, to the satisfaction of the Agency, and in conjunction with the Agency’s acceptance thereof, acquisition of the Agency Improvements shall be undertaken as provided in the Acquisition Agreement.
SECTION 19 . The Agency hereby consents to the formation of the CFDs in accordance with this resolution and consents to the assumption of jurisdiction by the Authority for the proceedings respecting t he CFDs with the understanding that the Authority will hereafter take each and every step required for or suitable for consummation of the proceedings, the levy, collection and enforcement of the special tax, and the issuance, sale, delivery and administra tion of the Local Obligations, all at no cost to the Agency and without binding or obligating the Agency’s general fund or taxing authority.
SECTION 20. The terms of the Agreement embodied by this resolution may be amended by a writing duly authorized, exe cuted and delivered by the Agency and the Authority, except that no amendment may be made after the issuance of the Local Obligations by the Authority that would be detrimental to the interests of the bondholders without complying with all of the bondholder consent provisions for the amendment of the bond resolutions, bond indentures or like instruments governing the issuance, delivery and administration of all outstanding Local Obligations.
SECTION 21. Except to the extent of the indemnifications extended to each Third Party Local Agency in the Agreement embodied by this resolution, and the Agency’s agreement to take responsibility for and ownership of the Agency Improvements, no person or entity, including the Participating Developer, shall be deemed to be a third party beneficiary of this resolution, and nothing in this resolution (either express or implied) is intended to confer upon any person or entity other than the Authority and the Agency (and their respective successors and assigns) any rights, reme dies, obligations or liabilities under or by reason of this resolution.
SECTION 22. The Agency shall be identified as a third-party beneficiary of all joint community facilities agreements between the Authority and each Third Party Local Agency to the extent of the indemnification provisions and the provisions whereby each Third Party Local Agency agrees to take responsibility for and ownership of their Improvements.
SECTION 23 . The appropriate officials and staff of the Agency are hereby authorized and directed to make SCIP applications available to all property owners who are subject to Fees for new development within the Agency and/or who are conditioned to install Improvements and/or whose plans for new development within the Agency necessitate new or increased levels of Services and to inform such owners of their option to participate in SCIP; provided, that the Authority shall be responsible for providing such applications and related materials at its own expense. The Agency shall designate appropriate staff who shall be responsible for coordination with the Authority and shall provide the appropriate contact information to the Authority from time to time.
Attachment B
SECTION 24 . The appropriate officials and staff of the Agency are hereby authorized and direc ted to execute and deliver such closing certificates, requisitions, agreements and related documents, including but not limited to such documents as may be required by bond counsel in connection with the participation in SCIP of any districts, authorities or other third -party entities entitled to own Improvements and/or to levy and collect Fees on new development to pay for public capital improvements within the jurisdiction of the Agency, as are reasonably required by the Authority in accordance with the M anual to implement SCIP and to evidence compliance with the requirements of federal and state law in connection with the issuance by the Authority of the Local Obligations and any other bonds for SCIP.
SECTION 25. This Resolution shall take effect immediately upon its adoption. The City Clerk of the City of Santa Maria is hereby authorized and directed to transmit a certified copy of this resolution to the Secretary of the Authority. This resolution shall remain in force with respect to any Assessment Dist rict and CFD formed until all Local Obligations have been retired and the authority to levy the special tax conferred by any CFD proceedings and to levy the assessment conferred by any assessment proceedings has ended or is otherwise terminated.
SECTION 26. 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 on this 16th day of September 2025.
_________________________
Mayor
ATTEST:
________________________
Chief Deputy City Clerk
APPROVED AS TO FORM:
BY:
CITY ATTORNEY
CONTENTS:
BY:
DEPARTMENT DIRECTOR
BY:
CITY MANAGER
A-1
4155-8093-8767.14
ATTACHMENT C
FORM OF RESOLUTION OF INTENTION
TO BE ADOPTED BY CSCDA
For Assessment Districts Only
RESOLUTION NO. __SCIP-
RESOLUTION OF INTENT ION OF THE CALIFORNI A STATEWIDE
COMMUNITIES DEVELOPMENT AUTHORIT Y TO FINANCE CAPITAL
IMPROVEMENTS AND/OR THE PAYMENT OF DEVEL OPMENT RELATED
FEES FOR PUBLIC CAPI TAL IMPROVEMENTS IN THE PROPOSED
STATEWIDE COMMUNITY INFRASTRUCTURE PROGR AM ASSESSMENT
DISTRICT NO. ___ ([ NAME OF PROJECT ]) CITY OF SANTA MA RIA,
APPROVING A PROPOSED BOUNDARY MAP, MAKING CERTAIN
DECLARATIONS, FINDIN GS AND DETERMINATION S CONCERNING
RELATED MATTERS, AND AUTHORIZING RELATED ACTIONS IN
CONNECTION THEREWITH
WHEREAS, under the authority of the Municipal Improvement Act of 1913 (the “1913 Act”), being Division 12 (commencing with Sections 10000 and following) of the California Streets and Highways Code (the “Code”), the Commission (the “Commission”) of the California Statewide Communities Development Authority (the “Authority”) intend s to finance, through its Statewide Community Infrastructure Program, the payment of certain development impact fees, capacity fees and/or other development related charges for public improvements (the “Improvement Fees”) and/or to finance certain public capital improvements to be constructed by or on behalf of the property owner(s) and to be acquired by the [City/County of __] or another local agency (the “Improvements”) as described in Exhibit A attached hereto and by this reference incorporated herein, a ll of which are of benefit to the property within the proposed Statewide Community Infrastructure Program Assessment District No. ___ ([ name of project]) City of Santa Maria (the “Assessment District”);
WHEREAS, the Commission finds that the land specially benefited by the Improvements and/or the Improvement Fees is shown within the boundaries of the map entitled “Proposed Boundaries of California Statewide Communities Development Authority Statewide Community Infrastructure Program Assessment District No. ___ ([name of project]) City of Santa Maria, State of California,” a copy of which map is on file with the Secretary and presented to this Commission meeting, and determines that the land within the exterior boundaries shown on the map shall be designated “Statewide Community Infrastructure Program Assessment District No. ___ ([name of project]) City of Santa Maria, State of California”; WHEREAS, the City of Santa Maria is a member of the Authority and has approved the adoption on its behalf of this Resolu tion of Intention and has consented to the levy of the assessments in the Assessment District;
NOW, THEREFORE, BE IT RESOLVED that the Commission of the California Statewide Communities Development Authority hereby finds, determines and resolves as follows:
Section 1. The above recitals are true and correct.
Section 2. Pursuant to Section 2961 of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (the “1931 Act”), being Division 4 (commencing with Section 2800) of the
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4155-8093-8767.14
Code, the Commission hereby de clares its intent to comply with the requirements of the 1931 Act by complying with Part 7.5 thereof.
Section 3. The Commission has designated a registered, professional engineer as Engineer of Work for this project, and hereby directs said firm to prepare the report containing the matters required by Sections 2961(b) and 10204 of the Code, as supplemented by Section 4 of Article XIIID of the California Constitution.
Section 4. The proposed boundary map of the Assessment District is hereby approved and adopted. Pursuant to Section 3111 of the Code, the Secretary of the Authority is directed to file a copy of the map in the office of the County Recorder of the [County of __________] within fifteen (15) days of the adoption of this resolution.
Section 5. The Commission determines that the co st of financing the Improvements and/or the payment of the Improvement Fees shall be specially assessed against the lots, pieces or parcels of land within the Assessment District benefiting from the financing of the Improvements and/or the payment of the Improvement Fees. The Commission intends to levy a special assessment upon such lots, pieces or parcels in accordance with the special benefit to be received by each such lot, piece or parcel of land, respectively, from the financing of the Improvements and/or the payment of the Improvement Fees.
Section 6. The Commission intends, pursuant to subparagraph (f) of Section 10204 of the Code, to provide for an annual assessment upon each of the parcels of land in the proposed Assessment District to pay various costs and e xpenses incurred from time to time by the Authority and not otherwise reimbursed to the Authority which result from the administration and collection of assessment installments or from the administration or registration of the improvement bonds and the var ious funds and accounts pertaining thereto.
Section 7. Bonds representing unpaid assessments, and bearing interest at a rate not to exceed twelve percent (12%) per annum, will be issued in the manner provided by the Improvement Bond Act of 1915 (Division 10 of the Code), and the last installment of the bonds shall mature not to exceed twenty - nine (29) years from the second day of September next succeeding twelve (12) months from their date.
Section 8. The procedure for the collection of assessments and advance retirement of bo nds under the Improvement Bond Act of 1915 shall be as provided in Part 11.1 thereof.
Section 9. Neither the Authority nor any member agency thereof will obligate itself to advance available funds from its or their own funds or otherwise to cure any deficiency which may occur in the bond redemption fund. A determination not to obligate itself shall not prevent the Authority or any such member agency from, in its sole discretion, so advancing funds.
Section 10. The amount of any surplus remaining in the improvement fund after acquisition of the Improvements and/or payment of Improvement Fees and all other claims shall be distributed in accordance with the provisions of Section 10427.1 of the Code.
Section 11. To the extent any Improvement Fees are paid to the Authority in cash with respect to property within the proposed Assessment District prior to the date of issuance of the bonds, the amounts so paid shall be reimbursed from the proceeds of the bonds to the property owner or developer that made the payment.
4155-8093-8767.14
PASSED AND ADOPTED by the California Statewide Communities Development Authority this ___ day of ______, 20__.
I, the undersigned, an Authorized Signatory of the California Statewide Communities Development Authority, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Commission of the Authority at a duly called meeting of the Commission of the Authority held in accordance with law on _____ __ , 20__.
By
Authorized Signatory
California Statewide Communities
Development Authority
4155-8093-8767.14
ATTACHMENT A
DESCRIPTION OF WORK
The payment of development impact fees, capacity fees and/or other development related charges levied within the Assessment District and/or public capital improvements to be a cquired and owned by the City of Santa Maria or another local agency upon or for the benefit of parcels within the Assessment District, for the project known as [ Project Name], which are authorized to be financed pursuant to the Municipal Improvement Act of 1913 and as to which the owners of the applicable parcels within the Assessment District have applied for participation in SCIP, as more particularly described below.
PAYMENT OF IMPACT FEES, CAPACITY FEES AND/OR OTHER DEVELOPMENT
RELATED CHARGES
CAPITAL IMPROVEMENTS*
*Capital improvements includes funding for incidental costs associated with the capital improvements, including but not limited to, contingency, design, engineering, and construction management [End of Form of Resolution of Intention]
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ATTACHMENT D
FORM OF ACQUISITION AGREEMENT
_____________________
CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY
STATEWIDE COMMUNITY INFRASTRUCTURE PROGRAM
ACQUISITION AGREEMENT
BY AND BETWEEN
CITY OF SANTA MARIA
AND
[DEVELOPER]
Dated as of _______, 20__
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ACQUISITION AGREEMENT
Recitals
A. The parties to this Acquisition Agreement (the “Agreement”) are the CITY OF SANTA MARIA, (the “Local Agency”), and [DEVELOPER], a [ indicate type of legal entity ] (the “Developer”).
B. The effective date of this Agreement is ________, 20__.
C. The Developer has applied for the financing of, among other things, certain public capital improvements to be owned by the Local Agency (collectively, the “Acquisition Improvements”) through the California Statewide Communities Development Authority (the “Authority”) and its Statewide Community Infrastructure Program (“SCIP”). [ For CFDS:][The Acquisition Improvements are to be owned and operated by the Local Agency, and the financing is to be accomplished through a community facilities district which will be administered by the Authority under and pursuant to the Mello-Roos Community Facilities Act of 1982 – California Government Code Sections 53311 and following (the “Act”). On [__________], 20[_], the Local Agency entered into a Joint Community Facilities Agreement authorizing the Authority to form a community facilities district (the “District”) within the territorial limits of the Local Agency to finance, among other things, the Acquisition Improvements. On [__________], 20[_], the Authority formed the District and, on the same date, a landowner election was conducted in which all of the votes were cast unanimously in favor of conferring the District authority on the Authority Commission.] [ For Assessment Districts :][The Acquisition Improvements are to be owned and operated by the Local Agency, and the financing is to be accomplished throu gh an assessment district (the “District”) which will be administered by the Authority under and pursuant to Municipal Improvement Act of 1913 (Streets and Highways Code Sections 10000 and following) (the “1913 Act”) and the issuance of improvement bonds ( the “Local Obligations”) under the Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 and following) (the “1915 Act” and, together with the “1913 Act” the “Act”).] D. The administration, payment and reimbursement of the capital faciliti es fees is agreed to be governed by the provisions of the SCIP Manual of Procedures as it may be amended from time to time. The administration, payment and reimbursement of the Acquisition Improvements shall be as provided herein.
E. Under SCIP, the Authority intends to levy [assessments] [special taxes] and issue bonds, in one or more series, to fund, among other things, all or a portion of the costs of the Acquisition Improvements. The portion of the proceeds of the [special taxes and] bonds allocable to the cost of the Acquisition Improvements, together with interest earned thereon, is referred to herein as the “Available Amount”.
F. The Authority will provide financing for the acquisition by the Local Agency of the Acquisition Improvements and the payment of the Acquisition Price (as defined herein) of the Acquisition Improvements from the Available Amount. Attached hereto as Exhibit A is a description of the Acquisition Improvements, which includes authorized discrete and usable portions, if any, of the public capital improvements, [pursuant to Section 53313.51 of the Act,] to
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be acquired from the Developer.
G. The parties anticipate that, upon completion of the Acquisition Improvements and subject to the terms and conditions of this Agreement, the L ocal Agency will acquire such completed Acquisition Improvements with the Available Amount.
H. Any and all monetary obligations of the Local Agency arising out of this Agreement are the special and limited obligations of the Local Agency payable only from the Available Amount, and no other funds whatsoever of the Local Agency shall be obligated therefor.
I. Attached to this Agreement are Exhibit A (Acquisition Improvements and the Eligible Portions thereof) and Exhibit B (Form of Requisition), which are inc orporated into this Agreement for all purposes.
In consideration of Recitals A through I, inclusive, and the mutual covenants, undertakings and obligations set forth below, the Local Agency and the Developer agree as stated below.
Agreement
ARTICLE I
DEFINITIONS; DISTRICT FORMATION AND
FINANCING PLAN
Section 1.01. Definitions. As used herein, the following capitalized terms shall have the meanings ascribed to them below:
“Acceptable Title” means free and clear of all monetary liens, encumbrances, assessments, whether any such item is recorded or unrecorded, and taxes, except those items which are reasonably determined by the Local Agency Engineer not to interfere with the intended use and therefore are not required to be cleared from the title. “Acquisition and Construction Fund” means the “City of Santa Maria Acquisition and Construction Fund” established by the Authority pursuant to Section 1.03 hereof for the purpose of paying the Acquisition Price of the Acquisition Improvements and which fund m ay be held as a subaccount within a fund established under the Authority Trust Agreement and may be commingled with acquisition and construction fund monies available for other public capital improvements.
“Acquisition Improvement” shall have the meaning a ssigned to such term in the recitals and are further described in Exhibit A.
“Acquisition Price” means the total amount eligible to be paid to the Developer upon acquisition of an Acquisition Improvement as provided in Section 2.03 not to exceed the Actual Cost of the Acquisition Improvement.
“Act” has the meaning ascribed thereto in Recital C.
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“Actual Cost” means the total cost of an Acquisition Improvement, as documented by the Developer to the satisfaction of the Local Agency and as certified by the Loca l Agency Engineer in an Actual Cost Certificate including, without limitation, (a) the Developer’s cost of constructing such Acquisition Improvement including grading, labor, material and equipment costs, (b) the Developer’s cost of designing and engineering the Acquisition Improvement, preparing the plans and specifications and bid documents for such Acquisition Improvement, and the costs of inspection, materials testing and construction staking for such Acquisition Improvement, (c) the Developer’s cost of any performance, payment and maintenance bonds and insurance, including title insurance, required hereby for such Acquisition Improvement, (d) the Developer’s cost of any real property or interest therein that is either necessary for the construction of s uch Acquisition Improvement (e.g., temporary construction easements, haul roads, etc.), or is required to be conveyed with such Acquisition Improvement in order to convey Acceptable Title thereto to the Local Agency or its designee, (e) the Developer’s cos t of environmental evaluation or mitigation required for such Acquisition Improvement, (f) the amount of any fees actually paid by the Developer to governmental agencies in order to obtain permits, licenses or other necessary governmental approvals and reviews for such Acquisition Improvement, (g) the Developer’s cost for construction and project management, administration and supervision services for such Acquisition Improvement, (h) the Developer’s cost for professional services related to such Acquisition Improvement, including engineering, accounting, legal, financial, appraisal and similar professional services, and (i) the costs of construction financing incurred by the Developer with respect to such Acquisition Improvement.
“Actual Cost Certificate” means a certificate prepared by the Developer detailing the Actual Cost of an Acquisition Improvement, or an Eligible Portion thereof, to be acquired hereunder, as may be revised by the Local Agency Engineer pursuant to Section 2.03. “Agreement” means this Acquisition Agreement, dated as of [_______________], 20[_]. “Authority” means the California Statewide Communities Development Authority. “Authority Trust Agreement” means a Trust Agreement entered into by the Authority and an Authority Trustee in connection with the issuance of bonds. “Authority Trustee” means the financial institution identified as trustee in an Authority Trust Agreement.
“Available Amount” shall have the meaning assigned to the term in Recital E. “Bonds” means bonds or other indebtedne ss issued by the Authority as tax -exempt or taxable bonds or other indebtedness, in one or more series, that is to be repaid by the District. “Code” means the Streets and Highways Code or the Government Code of the State of California, as applicable.
“Developer” means [Developer], its successors and assigns. “Disbursement Request Form” means a requisition for payment of funds from the Acquisition and Construction Fund for an Acquisition Improvement, or an Eligible Portion thereof
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in substantially the form contained in Exhibit B hereto. “District” shall have the meaning assigned to the term in Recital C. “Eligible Portion” shall have the meaning ascribed to it in Section 2.03 below. “Installment Payment” means an amount equal to ninety percent (90%) of the Actual Cost of an Eligible Portion.
“Local Agency” means the City of Santa Maria.
“Local Agency Engineer” means the Engineer of the Local Agency or his/her designee who will be responsible for administering the acquisition of the Acquisition Improvements hereunder.
“Project” means the Developer’s development of the property in the District, including the design and construction of the Acquisition Improvements and the other public and private improvements to be constructed by the Developer within the District. [“Special Taxes” means annual special taxes, and prepayments thereof, authorized by the District to be levied by the Commission of the Authority.] “Title Documents” means, for each Acquisition Improvement acquired hereunder, a grant deed or similar instr ument necessary to transfer title to any real property or interests therein (including easements), or an irrevocable offer of dedication of such real property with interests therein necessary to the operation, maintenance, rehabilitation and improvement by the Local Agency of the Acquisition Improvement (including, if necessary, easements for ingress and egress) and a bill of sale or similar instrument evidencing transfer of title to the Acquisition Improvement (other than said real property interests) to the Local Agency, where applicable.
Section 1.02. Participation in SCIP. The Local Agency has adopted a resolution authorizing the Authority to accept applications from time to time of developers within the Local Agency’s jurisdictional boundaries. Developer has applied for financing through SCIP of the Acquisition Improvements, and such application has been approved by the Local Agency. [ For CFDs:][The terms of a joint community facilities agreement identifying the Acquisition Improvements and the terms and cond itions for the District were embodied within the Local Agency Resolution and were accepted by the Authority with respect to the District.] Developer and Local Agency agree that until and unless such financing is completed by the Authority and the Available Amount is deposited in the Acquisition and Construction Fund (as defined in Section
1.03 below), neither the Developer nor the Local Agency shall have any obligations under this Agreement. Developer agrees to cooperate with the Local Agency and the Auth ority in the completion of SCIP financing for the Acquisition Improvements.
Section 1.03. Deposit and Use of Available Amount.
(a) Upon completion of the SCIP financing, the Available Amount will be deposited by the Authority in the Acquisition and Construction Fund.
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(b) The Authority will cause the Authority Trustee to establish and maintain an account (the “Acquisition and Construction Fund”) for the purpose of holding all funds for the Acquisition Improvements. All earnings on amounts in the Acquisition and Constructio n Fund shall remain in the Acquisition and Construction Fund for use as provided herein and pursuant to the Authority Trust Agreement. Money in the Acquisition and Construction Fund shall be available to respond to delivery of a Disbursement Request Form and to be paid to the Developer or its designee to pay the Acquisition Price of the Acquisition Improvements, as specified in Article II hereof. Upon completion of all of the Acquisition Improvements and the payment of all costs thereof, any remaining fun ds in the Acquisition and Construction Fund (less any amount determined by the Local Agency as necessary to reserve for claims against the account) (i) shall be applied to pay the costs of any additional Acquisition Improvements eligible for acquisition with respect to the Project as approved by the Authority and, to the extent not so used, (ii) shall be applied by the Authority [to call Bonds or to reduce Special Taxes as the Authority shall determine][as provided in Section 10427.1 of the Code to pay a portion of the assessments levied on the Project property in the District].
Section 1.04. No Local Agency Liability; Local Agency Discretion; No Effect on Other Agreements. In no event shall any actual or alleged act by the Local Agency or any actual or alleged omission or failure to act by the Local Agency with respect to SCIP subject the Local Agency to monetary liability therefor. Further, nothing in this Agreement shall be construed as affecting the Developer’s or the Local Agency’s duty to perform their respective obligations under any other agreements, public improvement standards, land use regulations or subdivision requirements related to the Project, which obligations are and shall remain independent of the Developer’s and the Local Agency’s rights and obligations under this Agreement.
ARTICLE II
DESIGN, CONSTRUCTION AND ACQUISITION OF ACQUISITION IMPROVEMENTS Section 2.01. Letting and Administering Design Contracts. The parties presently anticipate that the Developer has awarded and administered or will award and adm inister engineering design contracts for the Acquisition Improvements to be acquired from Developer.
All eligible expenditures of the Developer for design engineering and related costs in connection with the Acquisition Improvements (whether as an advance to the Local Agency or directly to the design consultant) shall be reimbursed at the time of acquisition of such Acquisition Improvements. The Developer shall be entitled to reimbursement for any design costs of the Acquisition Improvements only out of the Acquisition Price as provided in Section 2.03 and shall not be entitled to any payment for design costs independent of or prior to the acquisition of Acquisition Improvements.
Section 2.02. Letting and Administration of Construction Contracts; Indemnification. State law requires that all Acquisition Improvements not completed prior to the formation of the District shall be constructed as if they were constructed under the direction and supervision, or under the authority, of the Local Agency. In order to assure compliance with those provisions, except for any contracts entered into prior to the date hereof, Developer agrees to comply with any applicable requirements of the Local Agency with respect to the bidding and contracting for the construction of the Acqu isition Improvements. The Developer agrees that all
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the contracts shall call for payment of prevailing wages as required by the Labor Code of the State of California. The Developer’s indemnification obligation set forth in Section 3.01 of this Agreement shall also apply to any alleged failure to comply with the requirements of this Section, and/or applicable State laws regarding public contracting and prevailing wages.
Section 2.03. Sale of Acquisition Improvements. The Developer agrees to sell to the Local Agency each Acquisition Improvement to be constructed by Developer (including any rights-of-way or other easements necessary for the Acquisition Improvements, to the extent not already publicly owned), when the Acquisition Improvement has been constructed and is complete to the satisfaction of the Local Agency for an amount not to exceed the lesser of (i) the Available Amount or (ii) the Actual Cost of the Acquisition Improvement. Exhibit A, attached hereto and incorporated herein, contains a list of the Acqui sition Improvements. Portions of an Acquisition Improvement eligible for Installment Payments prior to completion of the entire Acquisition Improvement are described as eligible, discrete and usable portions in Exhibit A (each, an “Eligible Portion”). At the time of completion of each Acquisition Improvement, or Eligible Portion thereof, the Developer shall deliver to the Local Agency Engineer a written request for acquisition, accompanied by an Actual Cost Certificate, and by executed Title Documents for the transfer of the Acquisition Improvement where necessary. In the event that the Local Agency Engineer finds that the supporting paperwork submitted by the Developer fails to demonstrate the required relationship between the subject Actual Cost and eli gible work, the Local Agency Engineer shall advise the Developer that the determination of the Actual Cost (or the ineligible portion thereof) has been disallowed and shall request further documentation from the Developer. If the further documentation is still not adequate, the Local Agency Engineer may revise the Actual Cost Certificate to delete any disallowed items and the determination shall be final and conclusive.
Certain soft costs for the Acquisition Improvements, such as civil engineering, may hav e been incurred pursuant to single contracts that include work relating also to the private portions of the Project. In those instances, the total costs under such contracts will be allocated to each Acquisition Improvement as approved by the Local Agency Engineer. Where a specific contract has been awarded for design or engineering work relating solely to an Acquisition Improvement, one hundred percent (100%) of the costs under the contract will be allocated to that Acquisition Improvement. Amounts allocated to an Acquisition Improvement will be further allocated among the Eligible Portions of that Acquisition Improvement, if any, in the same proportion as the amount to be reimbursed for hard costs for each Eligible Portion bears to the amount to be reimbursed for hard costs for the entire Acquisition Improvement. Costs will be allocated to each Acquisition Improvement as approved by the Local Agency Engineer. The costs of certain environmental mitigation required to mitigate impacts of the public and p rivate portions of the Project will be allocated to each Acquisition Improvement as approved by the Local Agency Engineer.
In the event that the Actual Cost is in excess of the Available Amount, the Local Agency shall withdraw the Available Amount from the Acquisition and Construction Fund and transfer said amount to the Developer. In the event that the Actual Cost is less than the Available Amount, the Local Agency shall withdraw an amount from the Acquisition and Construction Fund equal to the Actual Cost, and shall transfer said amount to the Developer. Any amounts then remaining in the Acquisition and Construction Fund shall be applied as provided in Section 1.03.
In no event shall the Local Agency be required to pay the Developer more than the amount
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on deposit in the Acquisition and Construction Fund at the time such payment is requested.
Section 2.04. Conditions Precedent to Payment of Acquisition Price. Payment to the Developer or its designee of the Acquisition Price for an Acquisition Improvement from th e Acquisition and Construction Fund shall in every case be conditioned first upon the determination of the Local Agency Engineer, pursuant to Section 2.03, that the Acquisition Improvement satisfies all Local Agency regulations and ordinances and is otherw ise complete and ready for acceptance by the Local Agency, and shall be further conditioned upon satisfaction of the following additional conditions precedent:
(a) The Developer shall have provided the Local Agency with lien releases or other similar documentation satisfactory to the Local Agency Engineer as evidence that none of the property (including any rights -of-way or other easements necessary for the operation and maintenance of the Acquisition Improvement, to the extent not already publicly owned) comprising the Acquisition Improvement, and the property which is subject to the [assessments/Special Taxes] of the District, is not subject to any prospective mechanics lien claim respecting the Acquisition Improvements.
(b) All due and payable property taxes, and installments of [assessments/Special Taxes] shall be current on property owned by the Developer or under option to the Developer that is subject to the lien of the District. (c) The Developer shall certify that it is not in default with respect to any loan secured by any interest in the Project.
(d) The Developer shall have provided the Local Agency with Title Documents needed to provide the Local Agency with title to the site, right -of-way, or easement upon which the subject Acquisition Improvements are situated. All such Title Documents shall be in a form acceptable to the Local Agency (or applicable governmental agency) and shall convey Acceptable Title. The Developer shall provide a policy of title insurance as of the date of transfer in a form acceptable to the Local Agency Engineer insuring the Local Agency as to the interests acquired in connection with the acquisition of any interest for which such a policy of title insurance is not required by another agreement between the Local Agency and the Developer. Each title insurance policy required hereunder shall be in the amount equal to or greater than the Acquisition Price.
Section 2.05. SCIP Requisition . Upon a determination by the Local Agency Engineer to pay the Acquisition Price of the Acquisition Improvements pursuan t to Section 2.04, the Local Agency Engineer shall cause a SCIP Requisition to be submitted to the Program Administrator. The Program Administrator will review the SCIP Requisition and forward it with instructions to the Authority Trustee and the Authority Trustee shall make payment directly to the Developer of such amount pursuant to the Authority Trust Agreement. The Local Agency and the Developer acknowledge and agree that the Authority Trustee shall make payment strictly in accordance with the SCIP Re quisition and shall not be required to determine whether or not the Acquisition Improvements have been completed or what the Actual Costs may be with respect to such Acquisition Improvements. The Authority Trustee shall be entitled to rely on the SCIP Requisition on its face without any further duty of investigation.
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ARTICLE III
MISCELLANEOUS
Section 3.01. Indemnification and Hold Harmless . The Developer hereby assumes the defense of, and indemnifies and saves harmless the Local Agency, the Authority, and each of i ts respective officers, directors, employees and agents, from and against all actions, damages, claims, losses or expenses of every type and description to which they may be subjected or put, by reason of, or resulting from or alleged to have resulted from the acts or omissions of the Developer or its agents and employees in the performance of this Agreement, or arising out of any contract for the design, engineering and construction of the Acquisition Improvements or arising out of any alleged misstatement s of fact or alleged omission of a material fact made by the Developer, its officers, directors, employees or agents to the Authority's underwriter, financial advisor, appraiser, district engineer or bond counsel or regarding the Developer, its proposed developments, its property ownership and its contractual arrangements contained in the official statement relating to the SCIP financing (provided that the Developer shall have been furnished a copy of such official statement and shall not have objected ther eto); and provided, further, that nothing in this Section 3.01 shall limit in any manner the Local Agency’s rights against any of the Developer’s architects, engineers, contractors or other consultants. Except as set forth in this Section 3.01, no provision of this Agreement shall in any way limit the extent of the responsibility of the Developer for payment of damages resulting from the operations of the Developer, its agents and employees. Nothing in this Section 3.01 shall be understood or construed to mean that the Developer agrees to indemnify the Local Agency, the Authority or any of its respective officers, directors, employees or agents, for any negligent or wrongful acts or omissions to act of the Local Agency, Authority, its officers, employees, agents or any consultants or contractors.
Section 3.02. Audit. The Local Agency shall have the right, during normal business hours and upon the giving of ten days’ written notice to the Developer, to review all books and records of the Developer pertaining to costs and expenses incurred by the Developer (for which the Developer seeks reimbursement) in constructing the Acquisition Improvements.
Section 3.03. Cooperation. The Local Agency and the Developer agree to cooperate with respect to the completion of the SCIP financing for the Acquisition Improvements.
The Local Agency and the Developer agree to meet in good faith to resolve any differences on future matters which are not specifically covered by this Agreement.
Section 3.04. General Standard of Reasonableness . Any provi sion of this Agreement which requires the consent, approval or acceptance of either party hereto or any of their respective employees, officers or agents shall be deemed to require that such consent, approval or acceptance not be unreasonably withheld or delayed, unless such provision expressly incorporates a different standard. The foregoing provision shall not apply to provisions in the Agreement which provide for decisions to be in the sole discretion of the party making the decision.
Section 3.05. Third Party Benefi ciaries. The Authority and its officers, employees, agents or any consultants or contractors are expressly deemed third party beneficiaries of this Agreement with respect to the provisions of Section 3.01. It is expressly agreed that, except for the Authority w ith respect to the provisions of Section 3.01, there are no third party
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beneficiaries of this Agreement, including without limitation any owners of bonds, any of the Local Agency’s or the Developer’s contractors for the Acquisition Improvements and any of the Local Agency’s, the Authority's or the Developer’s agents and employees.
Section 3.06. Conflict with Other Agreements. Nothing contained herein shall be construed as releasing the Developer or the Local Agency from any condition of development or requirement imposed by any other agreement between the Local Agency and the Developer, and, in the event of a conflicting pro vision, such other agreement shall prevail unless such conflicting provision is specifically waived or modified in writing by the Local Agency and the Developer.
Section 3.07. Notices. All invoices for payment, reports, other communication and notices relating to this Agreement shall be delivered (via mail or electronic mail) to:
If to the Local Agency:
City of Santa Maria
[Address to come]
[Email to come]
If to the Developer:
[Developer]
[Address to come]
[Email to come]
Either party may change its address by giving notice in writing to the other party.
Section 3.08. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.
Section 3.09. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California.
Section 3.10. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Agreement.
Section 3.11. Singular and Plural; Gender . As used herein, the singular of any word includes the plural, and terms in the masculine gender shall include the feminine.
Section 3.12. Counterparts. This Agreement may be executed in counterpart s, each of which shall be deemed an original.
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Section 3.13. Successors and Assigns. This Agreement is binding upon the heirs, assigns and successors-in-interest of the parties hereto. The Developer may not assign its rights or obligations hereunder, except to su ccessors-in-interest to the property within the District, without the prior written consent of the Local Agency.
Section 3.14. Remedies in General . It is acknowledged by the parties that the Local Agency would not have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof, other than for the payment to the Developer of any (i) moneys owing to the Developer hereunder, or (ii) moneys paid by the Developer pursuant to the provisions hereof wh ich are misappropriated or improperly obtained, withheld or applied by the Local Agency.
In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that the Local Agency shall not be liable in damages to the Developer, or to any assignee or transferee of the Developer other than for the payments to the Developer specified in the preceding paragraph. Subject to the foregoing, the Developer covenants not to sue for or clai m any damages for any alleged breach of, or dispute which arises out of, this Agreement.
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year written above.
CITY OF SANTA MARIA
By:
Authorized Officer
[DEVELOPER],
a [here indicate type of legal entity]
By:
Signature
Print Name
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Exhibit A to the Acquisition Agreement
ACQUISITION IMPROVEMENTS AND THE ELIGIBLE PORTIONS THEREOF
[To be completed based on Final Engineer’s Report/developer’s budget and cash flows]
Funding includes amounts for incidental costs associated with the capital improvements, including, but not limited to, contingency, design, engineering, and construction management.
ACQUISITION IMPROVEMENTS TOTAL AMOUNT*
[_] ............................................................................................................. $[_] [_] ............................................................................................................. $[_]
* Estimated. Acquisition Price will be determined based on Actual Cost as further described in this Acquisition Agreement.
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Exhibit B to the Acquisition Agreement
FORM OF REQUISITION
To: BLX Group LLC
SCIP Program Administrator
355 South Grand Avenue, Suite 2700
Los Angeles, California 90071
Attention: Vo Nguyen
Fax: 213-612-2499
Re: Statewide Community Infrastructure Program
The undersigned, a duly authorized officer of the CITY OF SANTA MARIA hereby requests a withdrawal from the [DEVELOPER] ACQUISITION AND CONSTRUCTION FUND, as follows:
Request Date: [Insert Date of Request]
Name of Developer: [Developer]
Withdrawal Amount: [Insert Acquisition Price]
Acquisition Improvements: [Insert Description of Acquisition Improvement(s) from Ex. A] Payment Instructions: [Insert Wire Instructions or Payment Address for Developer] The undersigned hereby certifies as follows:
1. The Withdrawal is being made in accordance with a permitted use of such monies pursuant to the Acquisition Agree ment, and the Withdrawal is not being made for the purpose of reinvestment.
2. None of the items for which payment is requested have been reimbursed previously from other sources of funds.
3. If the Withdrawal Amount is greater than the funds held in the A cquisition and Construction Fund, the SCIP Program Administrator is authorized to amend the amount requested to be equal to the amount of such funds.
CITY OF SANTA MARIA
By:
Title:
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ATTACHMENT E
ELIGIBLE FACILITIES AND FEES
Eligible facilities and fees that may be financed by a CFD formed by CSCDA through SCIP include all improvements and fees authorized under the Mello -Roos Act, including but not limited to the following:
Transportation Improvements
Eligible roadway improvements include, but are not limited to: acquisition of land and easements; roadway design; project management; bridge crossings and culverts; clearing, grubbing, and demolition; grading, soil import/export , paving (including slurry seal), and decorative/enhanced pavement concrete and/or pavers; joint trenches, underground utilities and undergrounding of existing utilities; dry utilities and appurtenances; curbs, gutters, sidewalks, bike trails (including on site and off -site), enhanced fencing, and access ramps; street lights, signalization, and traffic signal control systems; bus turnouts; signs and striping; erosion control; median and parkway landscaping and irrigation; entry monumentation; bus shelters, bus and transit improvements including transfer stations and regional public transit improvements; masonry walls; traffic control and agency fees; and other improvements related thereto. Eligible improvements for the roads listed herein also include any an d all necessary underground potable and recycled water, sanitary sewer, and storm drainage system improvements.
Water System Improvements
Authorized facilities include any and all water facilities designed to meet the needs of development within the CFD. These facilities include, but may not be limited to: water storage, treatment and distribution facilities including waterlines and appurtenances, gate valves, pressure reducing stations, flow meters, fire hydrants, and other improvements related thereto su ch as site clearing, grading and paving; curbs and gutters; booster pump stations & power; stand -by generators; site lighting, drainage, sanitary sewer, and water service; landscaping and irrigation; access gates, and fencing; and striping and signage.
Recycled Water System Improvements
Authorized facilities include any and all recycled water system facilities designed to meet the needs of development within the CFD. These facilities include, but may not be limited to:
treatment and distribution facilitie s including pipelines and appurtenances, gate valves, flow meters, booster pump pressurization system, and other improvements related thereto - such as site clearing, grading and paving; curbs and gutters; booster pump stations; stand -by generators; site lighting, drainage, sanitary sewer, and water service; landscaping and irrigation; access gates, and fencing; and striping and signage.
Drainage System Improvements
Authorized facilities include any and all drainage and storm drain improvements designed to meet the needs of development within the CFD. These facilities include, but may not be limited to: excavation and grading, pipelines and appurtenances, outfalls and water quality measures, detention/retention basins, drainage pretreatment facilities, drai nage ways/channels, pump stations, landscaping and irrigation; access roads, gates, and fencing; and striping and signage and
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other improvements related thereto.
Wastewater System Improvements
Authorized facilities include any and all wastewater facilities designed to meet the needs of development within the CFD. These facilities include, but may not be limited to, pipelines and all appurtenances thereto; manholes; tie -in to existing main lines; force mains; lift stations; upgrades to existing lift stations; odor-control facilities; and permitting related thereto; and related sewer system improvements.
Park, Parkway and Open Space Improvements
Authorized facilities include any and all improvements to parks, parkways and open space required for development w ithin the CFD. These facilities include, but may not be limited to:
grading, turf, shrubs and trees, landscaping irrigation, site lighting, drainage, sanitary sewer and water service, pedestrian and bicycle trails, protective fencing (including soundwalls ), pedestrian/bicycle bridges, storm drain crossings, wetland mitigation, hawk mitigation for authorized facilities herein, access gates and fencing and related open space improvements.
Authorized facilities include acquisition of any and all parkland as well as open space/bike trail/public access easements required for development within the CFD.
Electrical System Improvements
Authorized facilities include any and all electrical supply and distribution facilities designed to meet the needs of development within the CFD. These facilities include, but may not be limited to: design, distribution lines, vaults, conduit, trenching, transformers and installation of cabling.
School and Educational Facilities
Authorized facilities include classroom renovation, up dates to school safety and security systems, technology improvements, energy efficiency improvements, school modernization and retrofitting, and new classroom and school construction as required for development within the CFD.
Other Public Improvements
Authorized facilities include any and all public facilities and infrastructure designed to meet the needs of development within the CFD. These facilities include, but may not be limited to: community center facilities, library facilities, police facilities, fire suppression and response facilities, other public safety facilities, corporation yards, municipal service centers, public parking garages, and other public buildings.
Fees and Charges
Authorized facilities include the direct funding of any of the above referenced facility types for which the Local Agency collects a development impact fee, capacity charge, fair share contribution, or other development-related fee.
4155-8093-8767.14
Other Incidental Expenses and Bond Issuance Costs
In addition to the above facilities, other incidental expenses as authorized by the Mello - Roos Community Facilities Act of 1982, including, but not limited to, the cost of planning and designing the facilities (including the cost of environmental evaluation, remediation and mitigation); engin eering and surveying; construction staking; utility relocation and demolition costs incidental to the construction of the public facilities; costs of project/construction management; costs (including the costs of legal services) associated with the formati on of the CFD; issuance of bonds (if any); determination of the amount of taxes; collection of taxes; payment of taxes; costs of calculating and providing reimbursements from one -time special tax payments; or costs otherwise incurred in order to carry out the authorized purposes of the CFD; and any other expenses incidental to the formation and implementation of the CFD and to the construction, completion, inspection and acquisition of the authorized facilities.
4155-8093-8767.14
ATTACHMENT F
ELIGIBLE SERVICES
Services to be funded, in whole or in part, by any CFD formed by the Authority for Agency Services shall include all direct and incidental costs related to providing for the funding of public safety services, including, but not limited to, police and fire safety, emergency response, and similar services, as well as the funding of services for the maintenance of public improvements.
The CFDs may fund services relating to obtaining, constructing, furnishing, operating and maintaining equipment, apparatus or facilities related to providing the services and/or equipment, apparatus, facilities or fixtures in areas to be maintained, paying the salaries and benefits of personnel necessary or convenient to provide the services, payme nt of insurance costs and other related expenses and the provision of reserves for repairs and replacements and for the future provisions of services. The Services may be provided by the Agency directly with its own employees or by contract with third parties, or any combination thereof.
Services to be financed by a CFD shall be limited to Services that are in addition to those provided in the territory of the CFD prior to the date of creation of the CFD and shall not supplant services already available within that territory when the CFD is created.
ATTACHMENT G
CERTIFICATION OF RESOLUTION
I, the undersigned, the duly appointed and qualified Chief Deputy City Clerk of the City of Santa Maria, do hereby certify that the foregoing Resolution No. ___________ was duly adopted at a regular meeting of the City Council of the City of Santa Maria duly and regularly held at the regular meeting place thereof on the 16 th day of September, 2025, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present.
An agenda of s aid meeting was posted at least 72 hours before said meeting at Santa Maria City Hall, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda.
Notice of public was published in the Santa Maria Times at least 5 days prior to the hearing.
I have carefully compared the foregoing with the original minutes of said meeting on file and of record in my office, and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes.
Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect.
Dated: _______________, 20__
________________________________
Chief Deputy City Clerk
By: ______________________________
Seal
COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: David W. Rowlands, City Manager
DATE: September 16, 2025
SUBJECT: Discussion on a Request to Form an Immigration Ad Hoc Committee
Description:
The City Council to discuss a request to form an Immigration Ad Hoc Committee.
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. Council to discuss a request to form an Immigration Ad Hoc Committee.
BACKGROUND:
At the August 6, 2025, City Council meeting, it was requested by Councilmember Soto to bring back to City Council a discussion on forming an Immigration Ad Hoc Committee and consider holding a meeting with stakeholders regarding the recent ICE raids and th e impact on the community.
COUNCIL AGENDA REPORT
TO: Mayor and City Council
FROM: Graciela Reynoso, Chief Human Resources Officer
DATE: September 16, 2025
SUBJECT: Adoption of a Resolution Approving a New Employment Agreement Between the City of Santa Maria and David Wayne Rowlands
Description:
The City Council will consider adopting a Resolution approving a new employment agreement with David Wayne Rowlands as City Manager.
Environmental Notice: This action is not a project subject to the California Environmental Quality Act (CEQA) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment (CEQA Guideline Section 15378(b)(5)).
RECOMMENDATION:
1. Adopt a Resolution approving a new employment agreement with David Wayne Rowlands for City Manager services; and
2. Authorize Mayor to execute employment agreement on behalf of the City Council.
DISCUSSION:
The City Council is proposing a new employment agreement with some language changes, a compensation adjustment, and removing him from coverage under the City’s Wage & Benefit Package for the Non -Represented Management and Confidential Employees Resolution No. 2024 -47, while also adding benefits therefrom to his new employment agreement. The City Manager’s annual base salary will be $362,041.00, with a City contribution of four (4%) percent to a deferred compensation plan, effective June 28, 2025. The salary adjustment addresses compaction with subordinate classifications who report to Mr. Rowlands.
Fiscal Considerations
Funding for the compensation adjustment and deferred compensation contribution will be included in FY 2025-26 budget.
Impact on the Community
Maintain continuity in City operations.
ATTACHMENT(S)
A. Resolution for Employment Agreement for David Rowlands B. Contract between City of Santa Maria and David Wayne Rowlands Attachment A
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA MARIA, CALIFORNIA
APPROVING A NEW EMPLOYMENT AGREEMENT
WITH DAVID WAYNE ROWLANDS FOR CITY MANAGER SERVICES
WHEREAS, the City Council entered into an Employment Agreement with David W. Rowland for Services Rendered as City Manager dated October 1, 2024, which was adopted by Resolution No.2024-22 (“2024 Employment Agreement”); and
WHEREAS, the City Council negotiated the terms of a new employment agreement with a compensation increase over the prior 2024 Employment Agreement, reflecting outstanding performance, and with consideration to compression issues and a need for differential between the City Manager, City Attorney and Department Directors; and
WHEREAS, a new 2025 Employment Agreement has been prepared for Mr.
Rowlands for City Manager Services , which shall supersede and replace the 202 4 Employment Agreement; and
WHEREAS, Section 36506 of the California Government Code requires the City Council to fix the compensation of all appointive officers and employees of the City by resolution or ordinance; and
WHEREAS, Section 54953 of the California Government Code requires the Cit y Council, prior to taking final action, to orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive such as the City Manager, as defined in subdivision (d) of Section 3511.1, during the open meeting in which the final action is to be taken ; and
WHEREAS, Section 2-3.03 of the Santa Maria Municipal Code states: “The City Manager shall receive such compensation and benefits as the Council shall fix from time to time by ordinance or resolution.”
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Santa Maria, California, that the City Council:
SECTION 1. Acknowledges and affirms that an oral report of a summary of the recommendation for a final action on the compensation and benefits to be paid the City Manager under the proposed new City Manager Employment Agreement is required by state law and was, in fact, provided in a public meeting held on September 16, 2025 prior to the City Council’s action to adopt the new City Manager Employment Agreement; and SECTION 2. Approves the new 2025 Employment Agreement (herein referenced as Exhibit A) with Mr. Rowlands for City Manager Services , which shall supersede and replace the 2024 Employment Agreement; and
SECTION 3 . Sets Mr. Rowlands’ pay in accordance with the Employment Agreement, at $362,041.00 annually; and
Attachment A
SECTION 4 . Will undertake an annual review of the performance of the City Manager utilizing a process, form, criteria, and format for the evaluation which shall be mutually agreed upon, and begin in May and shall be completed by the third week in June each year; and
SECTION 5. That the Mayor is authorized to sign said Employment Agreement on behalf of the City Council; and
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.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Santa Maria, held this 16th day of September 2025.
ATTEST:
Chief Deputy City Clerk
Mayor
APPROVED AS TO FORM:
_______________________________
City Attorney
APPROVED AS TO CONTENT:
_______________________________
Department Director
_______________________________
City Manager
Attachment B
1 EMPLOYMENT AGREEMENT
BETWEEN THE CITY COUNCIL OF THE CITY OF SANTA MARIA
AND DAVID W. ROWLANDS FOR SERVICES RENDERED AS CITY MANAGER This agreement is entered into this _ 16____ day of September 2025, by and between the City Council of the City of Santa Maria, a municipal corporation, hereinafter referred as “City,” and David W. Rowlands, an individual, hereinafter referred to as “Employee” (the “Agreement”), with reference pursuant to the following:
WHEREAS, the City Council entered into an Employment Agreement with David W.
Rowlands for Services Rendered as City Manager dated October 1, 2024, which was adopted by Resolution No. 2024-22 (“2024 Employment Agreement”);
WHEREAS the City Council desires to have Employee continue to provide services to the City as its appointed City Manager; and
WHEREAS the City Manager shall continue be an “At-Will” employee and serve at the pleasure of the City Council; and
WHEREAS it is the desire of t he City Council to amend and restate Employee’s compensation and benefits, which shall supersede and replace the 2024 Employment Agreement and any and all other prior agreements and/or contracts for compensation and benefits; and
WHEREAS it is the desire of the City Council to: provide inducement for the Employee to remain in such employment for the term of this Agreement; make possible full work productivity by assuring Employee’s morale, health and peace of mind with respect to the future security of him and his family; assist in the maintenance of the health and well-being of Employee; provide a just means for terminating the services of Employee at such time as he may be unable to discharge fully his duties due to disability or when the City Council may desire to otherwise terminate his employment; act as a deterrent against malfeasance or dishonestly for personal gain on the part of Employee and against morally questionable personal financial dealings; and establish a clear and mutually understood system of compensating Employee; and
WHEREAS Employee wishes to continue to serve the City Council as its City Manager; and
WHEREAS Section 36506 of the California Government Code requires the City Council to fix the compensation of all appointive officers and employees of the City by resolution or ordinance; and
WHEREAS Section 2-3.03 of the Santa Maria Municipal Code states: “The City Manager shall receive such compensation and benefits as the Council shall fix from time to time by ordinance or resolution.”
Attachment B
2 NOW, THEREFORE, in consideration of the promises, terms and conditio ns contained in this Agreement, City and Employee agree that this Agreement shall supersede and replace the 2024 Employment Agreement upon adoption by City Council Resolution and provide as follows:
A. DUTIES.
City hereby agrees to employ David W. Rowlands as City Manager of the City and to perform the duties and functions of that office as specified in the Santa Maria Municipal Code and to perform such other legally permissible duties as the City Council shall from time-to-time assign. Any changes to duties, reduction of salary, benefits or other terms of employment must be mutually agreed upon by both parties.
B. HOURS OF WORK.
It is recognized the Employee must devote a great deal of time outside the normal office hours to business of the City, and to that end Employee has discretion to set his work schedule and determine his work location and will be allowed to take time off as he shall deem appropriate during said normal office hours.
C. TERM.
Employee’s status shall be “at-will” and shall serve at the pleasure of City Council. Nothing in this Agreement or any other existing or future document, not specifically amending this Agreement, shall prevent, limit or otherwise interfere with the right of City to terminate the employment of said Employee at any time and for any reason, or for no reason, subject only to provisions specified in Section F of this Agreement.
This Agreement shall be effective as of June 28, 2025, and unless otherwise terminated under the Provisions of Section E, shall remain in effect until the Employee resigns from employment or terminated by a super majority of City Council.
Termination by City Manager. City Manager May terminate his Agreement at any time or resign from employment with the City, provided City Manager provides City Council with at least forty -five (45) days’ advanced written notice prior to the effective date o f resignation, unless a shorter period is acceptable to City Council.
D. COMPENSATION, BENEFITS, AND ANNUAL PERFORMANCE
EVALUATIONS.
Beginning at the Effective Date, the employee classification of City Manager will be removed from the NMAC resolution salary group and from any right to pay or benefits derived from any resolution covering that employee group , and the City shall provide the City Manager with the following exclusive compensation and benefits:
Attachment B
3 1. SALARY. The City Manager’s annual compensation shall be $362,041.00 paid bi- weekly for the term of this Agreement. Except as may otherwise be provided, the City Manager’s salary, and other compensation provided for in this Agreement, shall be paid in increments in the same manner as for other City employees. Effective with the first full pay period commencing June 28, 2025, the City Manager’s salary shall be adjusted as set forth in this Agreement. The City Manager’s salary shall not be less than 15% above the Assistant City Manager and/or any director employed by the City.
2. MANAGEMENT ADJUSTMENTS. City Manager shall receive the same percentage salary adjustments as the City may from time to time confer upon the class of employees designated by the City as “Management ,” which will not be less than the increase granted to the employee bargaining units.
3. MERIT INCREASES. The City Council may from time to time grant merit increases to City Manager’s salary provided above, as follows: If after each evaluation of the City Manager's performance, as described in this Agreement, the City Council concludes that the City Manager’s performance warrants a compensation adjustment for merit, the City Council may grant a merit compensation increase in an amount determined by the City Council, to be effective on a date determined by the City Council. Such merit compensation adjustments may be granted on one or more occasions during a year and may be in the form of lump sum payments, increases to annual salary or any other compensation and/or benefit form determined by the City Council, but shall be in addition to any adjustments made in accordance with the Management Adjustments described above in Paragraph D 2.
4. DEFERRED COMPENSATION . The City shall provide a nnual contributions to a Section 457 Deferred Compensation Plan equal to 4% of Employee’s salary with contributions distributed equally over the annual bi-weekly payroll cycle.
5. CELL PHONE and EQUIPMENT ALLOWANCE. The City shall provide $135 monthly, distributed equally over the biweekly payroll cycle or as adjusted for Management Employees, whichever is larger.
6. AUTOMOBILE ALLOWANCE. The City shall provide $323.08 bi-weekly distributed over the biweekly payroll cycle or as adjusted for Management Employees, whichever is greater. Auto Allowance is adjusted yearly according to the current policy. The City Manager shall be responsible for paying all liability, property damage and comprehensive insurance coverage on any vehicle he uses in the performance of his duties as City Manager as well as all purchase, operation, maintenance and repair costs for such vehicle(s). The City Manager shall be reimbursed at the IRS standard mileage Attachment B
4 rate for any business use of his vehicle to a location more than fifty (50) miles one way from Santa Maria City Hall, 110 East Cook Street , per the City’s Auto Allowance Policy.
7. HEALTH, DENTAL and VISION . The City Manager shall receive Medical benefits under the California Public Employees’ Retirement System (“CalPERS”) medical program. If the Employee is enrolled in the City’s medical insurance program, the City will contribute the full monthly premium required by CalPERS to his health insurance.
This contribution shall increase when the monthly contribution is increased for all other City employees to reflect the same increase given to other Management employees.
The City will cover Employee’s monthly premiums for dental and vision family plans.
8. VACATION LEAVE. The City Manager shall accrue vacation leave at a rate of 9.2308 paid hours per pay period of employment (to equal 30 days per year). The City Manager may accrue up to a maximum of 450 hours of vacation leave, at which point accruals will stop until the leave bank falls below the cap . Vacation leave up to 120 hours per fiscal year may be converted into cash.
9. MANAGEMENT LEAVE. To compensate him for after -hours meetings, Employee shall be granted 120 hours of Management Leave with pay each calendar year (January 1 – December 31). Such Management Leave shall be given over the course of the year at a rate of 4.615 hours per pay p eriod. City Manager shall be allowed to carry over from year-to-year Management Leave hours up to a maximum 120 hours of Management Leave, at which point leave accruals will cease until the leave bank falls below the cap.
10. SICK LEAVE. Accrual of one day per month with unlimited accrual. Unused sick leave is not paid on separation from employment with the City.
11. PAYMENT FOR ACCRUED BENEFITS . Upon termination of this Agreement and the services of City Manager thereunder, City shall pay to City Manager the c ash equivalent of all vacation leave then accrued as authorized by the City Council. Such cash equivalent shall be calculated by dividing City Managers’ prevailing annual salary by 2080 hours and by multiplying the resulting quotient by the number of hours accrued (but unused) vacation leave and or management leave.
12. HOLIDAYS. Employee shall be entitled to the following holidays and those granted to Management Employees of the City. The holiday will be paid according to Employee’s scheduled hours for the respective holiday.
Attachment B
5 New Years Day
Martin Luther King Jr.
Presidents Day
Caesar Chavez Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Eve
Christmas
New Years Eve
13. FRINGE BENEFIT INCREASES. The City’s intent is to provide Employee with fringe benefit levels that are at least equal to, or exceed, the level of benefits provided by the City to Management Employees. Accordingly, at all times during the term of this Agreement, Employee shall receive any fringe benefit increases given by the City to Management Employees pursuant to the City Council adopted resolutions, as they may be amended from time to time , such that Employee’s fringe benefit levels do not fall below City department heads.
14. PERFORMANCE EVALUATIONS. The performance review and evaluation process set forth herein is intended to provide review and feedback to Employee to facilitate more effective management of the City. Nothing herein shall be deemed to alter or change the employment status of Employee, nor shall this be construed as requiring “cause” to terminate this Agreement, or the services of Employee hereafter.
The City Council shall undertake an annual review of the performance of Employee utilizing a process, form, criteria, and format for the evaluation which shall be mutually agreed upon by City and Employee. The process shall, at a minimum, include the opportunity for both parties to: 1. Meet and discuss the evaluation, and 2. Present a written summary of the evaluation results. Any written evaluation should be completed and delivered to the City Manager within 30 days of the evaluation meeting.
The evaluation should begin in May and shall be completed by the third week in June each year.
Attachment B
6 15. CIVIC CLUB MEMBERSHIP. The City recognizes the desirability of representation in and before local civic and other organizations, and Employee is authorized to be a member of a local service club, for which the City shall reimburse City Manager for necessary expenses for dues and meals. The City will not reimburse the Employee for any service club related fines or event costs (i.e. ticket purchases, auction items, etc.).
16. ADDITIONAL BENEFITS.
(a) The City shall contribute the full amount of the premium for Employee for a policy of term life insurance in an amount equal to twice his annual salary.
(b) The City shall contribute the full amount of the premium for Employee for Long- Term Disability.
(c) The City shall contribute the full amount of the premium for Accidental Death and Dismemberment on behalf of Employee.
(d) CALPERS RETIREMENT. Employee is a “ PEPRA” member of CalPERS and shall continue to participate in the two percent (2%) at 62 formula. The City Manager shall pay employee contributions to CalPERS, as required by CalPERS. The payments will be reported as being those of the Employee and credited to his individual account with CalPERS.
(e) POST EMPLOYMENT HEALTH PLAN . The City will contribute $100 per pay period toward a post-employment health plan for Employee.
(f) The City will pay the cost of any fidelity or other bonds required by law for Employer to perform the role of City Manager, and costs to defend and indemnify the City Manager as required by state law.
E. SEVERANCE AND CITY MANAGER REMOVAL AFTER ELECTION.
1. SEVERANCE PAY. Should the City elect to terminate this Agreement and the services of Employee hereunder without cause, City Manager shall be entitled to a severance payment equal to twelve -months (12) months the then-current base salary and health benefits for employee and spouse and for severance pay to be paid in a lump sum payment. This payment shall be conditioned upon Employee executing a release and waiver of all claims in a form approved by the City Attorney.
Attachment B
7 2. REMOVAL AFTER ELECTION . The City Council shall not r emove Employee without cause during or within a 120-day period following : (1) a municipal general election when a new member of the City Council is elected or (2) the appointment of a new member. This is for the City Manager and new City Council to establish a professional working relationship.
F. TERMINATION.
1. Employee acknowledges and agrees that he is an “at will” employee serving at the pleasure of the City Council and may be terminated without any right of appeal.
2. The City Council may terminate this Agreement upon written notice at any time for “good cause.” For purposes of this Agreement, “good cause” shall include, but is not limited to, any of the following:
(a) A material breach of terms of this Agreement;
(b) Habitual neglect by the employee of his employment duties;
(c) The continued incapacity on the part of the employee to perform his duties;
(d) A failure to perform duties in a professional and responsible manner consistent with generally accepted standards of the profession;
(e) Engaging in personal conduct detrimental or prejudicial to public service;
(f) Causes for discipline as defined in the City Administrative Memo (CAM) regarding Disciplinary Action (CAM 1999-02);
(g) Any crime involving the abuse of his position while employed by the City; and
(h) Any crime against public justice (as set forth in Title 7 of the California Penal Code).
3. “Good cause” shall not mean a mere loss of support or confidence by the City Council.
If the Employee is terminated for cause, he shall not be entitled to severance pay or other compensation as delineated in Sections B and C below, other than the payment of accrued unused vacation leave, and pro-rated management leave time if any.
4. The City Council may terminate this Agreement at any time without cause upon sixty (60) calendar days written notice. The City Council may place Employee on paid Attachment B
8 Administrative Leave at any time during these sixty (60) days upon written notice without cause. P rior to the end of this sixty (60) day period, the Employee will be entitled to be paid the compensation earned by his (i.e. all unused accrued vacation) leave time, as well as his unused pro -rated accrued management leave on the payroll period prior to th e effective date of termination or said benefits can be paid to the employee on the final payroll and are then subject to the Post Employment Health Plan.
Should the employee decide to be paid all unused compensation (as previously described) prior to the final payroll, all leave accruals will cease in the payroll period.
5. In the event that the Employee is placed on paid Administrative Leave without cause, but the Employee is subsequently convicted of: (1) any crime involving the abuse of his position while employed by the City; and/or (2) any crime against public justice (as set forth in Title 7 of the California Penal Code while employed by the City, Employee shall reimburse the City for the payments received by the Employee from the City while on paid Administrative Leave.
6. At the end of the sixty (60) day period, the Employee’s service will automatically terminate. Upon termination, the Employee shall be entitled to receive the amount set forth in Paragraph E1 conditioned upon Employee executing a release and waiver of all claims in a form approved by the City Attorney . Said severance pay will not be subject to the Post Employment Health Plan.
7. In consideration of the above severance payment, the Employee agrees that he shall not be entitled to an y other payment or compensation of any kind from the City (unless otherwise mandated by law) in connection with the termination of his employment. The Employee acknowledges and agrees as an at -will employee that if he is terminated pursuant to the Section, he shall not be entitled to appeal or litigate his termination and shall be conditioned upon Employee executing a release and waiver of all claims in a form approved by the City Attorney.
8. In the event that the Employee receives severance pay, but the Em ployee is subsequently convicted of: (1) any crime involving the abuse of his position while employed by the City; and/or (2) any crime against public justice (as set forth in Title 7 of the California Penal Code) while employed by the City, Employee shall reimburse the City for the severance payments received from the City.
9. The Employee may resign from his employment at any time for any reason by providing forty-five (45) days prior written notice to the City Council, which may be reduced by the City Council. If the Employee provides such written notice, he shall be entitled to receive, at the termination of his employment, only such accrued unused and Attachment B
9 other such benefits as may be due and payable under applicable City rules, regulations or polices, and/or under applicable local, State or Federal law. The employee shall not, however, be entitled to any severance pay or other compensation as indicated in Section E as a result of his resignation.
G. PROFESSIONAL DEVELOPMENT.
1. MEMBERSHIP. City Council encourages the Employee’s continued professional development and membership and shall provide payment of appropriate related costs for such activities, including memberships in the California City Management Foundation and International City/County Management Association (ICMA).
2. OUT OF TOWN MEETING AND SEMINARS . City Council agrees to pay and/or reimburse Employee for the actual cost for registration, travel, lodging and meals and other necessary expenses incurred by Employee while attending out-of-town meetings or seminars related to his employment with City. These include the following: ICMA Annual Conference and/or Regional Conference; League of Cities Annual Conference; League of Cities City Managers Department Conference. To be eligible to receive reimbursement for meals and lodging for out-of-town meetings or seminars, Employee must have budgeted funds available for such. Employe may request per diem for meals which are commensurate with the meeting location including tax and tips. Funds for travel shall be included in the City’s annual budget.
3. LOCAL MEETINGS AND SEMINARS . City agrees to pay and/or reimburse Employee for the actual cost of registration, meals and other expenses necessarily incurred by him while engaged in the business of City upon the presentation of an appropriate receipt therefore. Employee may request per diem for meals which are commensurate with the meeting location including tax and tips.
4. INCIDENTAL EXPENSES. City agrees to reimburse the Employee for the actual cost of those incidental expenses necessarily incurred by him while engaged in the business of City upon the presentation of an appropriate receipt therefore.
H. CITY COUNCIL COMMITMENTS.
1. The City Council sets policy for the governance and administration of the City, and it implements its policies through the City Manager.
2. Except for the purpose of inquiry, the City Council and its members shall deal with all subordinate City employees, officers, contractors, and cons ultants solely through the Attachment B
10 City Manager and neither the City Council nor any member thereof shall give orders to any subordinate of the City Manager, either publicly or privately.
3. The City Council agrees none of its individual members will order the appointment or removal of any person from any office or employment under the supervision and control of the City Manager.
4. The City Council agrees that any criticism of a City staff member shall be done privately through the City Manager.
5. Neither the City Council nor any of its members shall interfere with the execution of the powers and duties of the City Manager. The City Manager shall take orders and instructions from the City Cou ncil only when it is sitting as a body in a lawfully held meeting.
I. ICMA CODE OF ETHICS.
1. The Parties mutually desire that the City Manager be subject to and comply with the ICMA Code of Ethics.
2. The City Manager commits to complying with the ICMA Code of Ethics.
3. The City Council agrees that neither the City Council nor any of its members will give the City Manager any order, direction, or request that would require the City Manager to violate the ICMA Code of Ethics.
J. INDEMNIFICATION.
1. City shall defend, save harmless, and indemnify Employee against any tort, professional liability claim s or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as City Man ager as required by state law . City has the authority without the Employee's consent to compromise and settle any such claim or suit or pay the amount of any settlement or judgment rendered thereon, subject to the laws of the State of California.
2. However, with respect to any payments by the City for the Employee's legal defense in any legal proceeding in which the Employee is convicted of: (1) any crime involving the abuse of his position while employed by the City; and/or (2) any crime against public justice (as set forth in Title 7 of the California Penal Code) while employed by the City, Employee shall reimburse the City for any such payments.
Attachment B
11 K. MODIFICATIONS.
Modifications may only be made to the Agreement if made in writing and signed by both parties.
L. SEVERABILITY.
Any term of this Agreement found to be invalid by a court of competent jurisdiction or made invalid by applicable State or Federal legislation is severable and shall not affect any other provision of the Agreement.
DAVID W. ROWLANDS
___________________________
City Manager
CITY OF SANTA MARIA,
A Municipal Corporation
Alice Patino
Mayor
ATTEST:
Donna G. Schwartz, CMC
Chief Deputy City Clerk
APPROVED AS TO FORM:
_______________________________
Risk Manager
_______________________________
City Attorney