AGENDA
CITY OF WATSONVILLE
SPECIAL CITY COUNCIL MEETING
Working with our community to create positive impact through service with heart.
Values: Teamwork, Integrity, Honesty, Service and Respect Mayor Ari Parker, District 7
Eduardo Montesino, Mayor Pro Tempore, District 1
Vanessa Quiroz-Carter, Council Member, District 2
Lowell Hurst, Council Member, District 3
Francisco Estrada, Council Member, District 4
Rebecca J. Garcia, Council Member, District 5
Jimmy Dutra, Council Member, District 6
Tamara Vides, City Manager Pro Tempore
Samantha W. Zutler, City Attorney
Irwin I. Ortiz, City Clerk
Location:
City Council Chambers
275 Main Street, Top Floor
Watsonville, CA 95076
Anyone addressing the City Council is asked to fill out a speaker card and leave it at the podium for recording purposes
IF YOU CHALLENGE ANY ACTION APPEARING ON THIS AGENDA IN
COURT, YOU MAY BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR
SOMEONE ELSE RAISED AT THE PUBLIC MEETING DESCRIBED ON THIS
AGENDA, OR IN WRITTEN CORRESPONDENCE DELIVERED TO THE CITY CLERK PRIOR TO, OR AT, THE PUBLIC MEETING.
Americans with Disabilities Act
The Council Chambers is an accessible facility. If you wish to attend a meeting and you will require assistance in order to attend and/or participate, please call the City Clerk's Office at least three (3) business days in advance of the meeting to make arrangements. The City of Watsonville TDD number is (831) 763-4075.
For information regarding this agenda, please call the City Clerk's Office at (831) 768- 3040
AGENDA
CITY OF WATSONVILLE
SPECIAL CITY COUNCIL MEETING
Location:
City Council Chambers
275 Main Street, Top Floor
Watsonville, CA 95076
Tuesday, March 29, 2022, 5:30 p.m.
Pages
1. CLOSED SESSION CORRESPONDENCE (IF ANY)
2. CLOSED SESSION
CLOSED SESSION ANNOUNCEMENT:
PUBLIC COMMENTS REGARDING THE CLOSED SESSION AGENDA WILL ONLY BE ACCEPTED BY THE CITY COUNCIL AT THIS TIME.
The City Council of the City of Watsonville will recess to Closed Session to discuss the matters that follow:
2.a. PERSONNEL MATTERS
(Government Code Section 54957)
PUBLIC EMPLOYEE APPOINTMENT
Title: City Manager
1. 2.b. CONFERENCE WITH LABOR NEGOTIATOR
(Government Code Section 54957.6)
1. Agency designated representative: Peckham & McKenney - Maria Hurtado Employee organization: City Manager
2. Agency designated representative: Tamara Vides
Employee organization: Executive Team
6:30 P.M.
3. ROLL CALL
3.a. MOTION TO EXCUSE ABSENT COUNCIL MEMBER(S) (If any)
4. PLEDGE OF ALLEGIANCE
5. PRESENTATIONS & ORAL COMMUNICATIONS
This time is set aside for members of the general public to address the Council on any item not on the Council Agenda, which is within the subject matter jurisdiction of the City Council. No action or discussion shall be taken on any item presented except that any Council Member may respond to statements made or questions asked, or may ask questions for clarification. All matters of an administrative nature will be referred to staff. All matters relating to Council will be noted in the minutes and may be scheduled for discussion at a future meeting or referred to staff for clarification and report.
ALL SPEAKERS ARE ASKED TO FILL OUT A SPEAKER CARD & LEAVE IT AT THE PODIUM. SPEAKERS ARE ASKED TO ANNOUNCE THEIR NAME AND DISTRICT IN
WHICH THEY LIVE IN ORDER TO OBTAIN AN ACCURATE RECORD FOR THE MINUTES.
5.a. REPORT OUT OF CLOSED SESSION
5.b. ORAL COMMUNICATIONS FROM THE PUBLIC (2 MINUTES EACH)
5.c. ORAL COMMUNICATIONS FROM THE COUNCIL (2 MINUTES EACH)
6. CONSENT AGENDA
All items appearing on the Consent Agenda are recommended actions which are considered to be routine and will be acted upon as one consensus motion. Any items removed will be considered immediately after the consensus motion. The Mayor will allow public input prior to the approval of the Consent Agenda.
PUBLIC INPUT (2 MINUTES EACH)
6.a. MOTION APPROVING MINUTES OF MARCH 22, 2022 4
6.b. CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) REVISED MASTER AGREEMENT (Recommended by Public Works & Utilities Director Di Renzo)
9 RESOLUTION APPROVING REVISED MASTER AGREEMENT NO. 05- 5031S21 WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION
(CALTRANS) & AUTHORIZING THE CITY MANAGER PRO TEMPORE TO
EXECUTE THE REVISED MASTER AGREEMENT IN ORDER TO SECURE
GRANT FUNDING FOR CITY TRANSPORTATION PROJECTS
6.c. PURCHASE OF DUMP TRUCK FROM RUSH TRUCK CENTERS
(Recommended by Public Works & Utilities Director Di Renzo) 28 RESOLUTION AUTHORIZING PURCHASE OF ONE (1) NEW 2023
PETERBILT, 10-YARD CAPACITY DUMP TRUCK FOR THE WATER
SERVICES DIVISION FROM RUSH TRUCK CENTERS, THROUGH THE
PURCHASING AUTHORITY OF SOURCEWELL (FORMERLY NJPA),
PURCHASE AGREEMENT NO. 060920-PMC, IN AN AMOUNT NOT TO
EXCEED $256,315.71 (FUNDED BY THE WATER ENTERPRISE FUND 0720)
7. ITEMS REMOVED FROM CONSENT AGENDA
8. PUBLIC HEARINGS, ORDINANCES, & APPEALS
8.a. INTERIM GUIDANCE RULES & REGULATIONS TO IMPLEMENT SB 9 -
THE CALIFORNIA HOUSING OPPORTUNITY AND MORE EFFICIENCY
(HOME) ACT (Recommended by Community Development Director Merriam) 71 1) Staff Report by Community Development Director Merriam 2) City Council Clarifying & Technical Questions
3) Public Comments
4) Motion Whether to Approve Staff Recommendation
5) City Council Deliberation on Motion
6) RESOLUTION ADOPTING INTERIM GUIDANCE RULES AND
REGULATIONS TO IMPLEMENT SB 9 – THE CALIFORNIA HOUSING
OPPORTUNITY AND MORE EFFICIENCY (HOME) ACT; & AUTHORIZING & DIRECTING THE PREPARATION OF AN SB 9 IMPLEMENTING
ORDINANCE
9. NEW BUSINESS
9.a. UPDATE REGARDING STATEWIDE EVICTION PROTECTIONS, MULTIJURISDICTIONAL EFFORTS TO PROVIDE ASSISTANCE, & APPROPRIATION OF $20,000 FROM THE AFFORDABLE HOUSING FUND TO SUPPORT THOSE REGIONAL EFFORTS (Recommended by Community Development Director Merriam)
96 1) Staff Report by Housing Manager Landaverry
2) City Council Clarifying & Technical Questions
3) Public Input
4) Motion Whether to Approve Staff Recommendation
5) City Council Deliberation on Motion
6) RESOLUTION APPROPRIATING $20,000 FROM THE AFFORDABLE HOUSING FUND TO PROVIDE ADDITIONAL COVID-19 RELATED TENANT
ASSISTANCE & DIRECTING COMMUNITY DEVELOPMENT STAFF TO
CONTINUE TO WORK WITH REGIONAL PARTNERS REGARDING
RENTAL & LEGAL ASSISTANCE PROGRAMS & SERVICES
10. EMERGENCY ITEMS ADDED TO AGENDA
11. REQUESTS & SCHEDULING FUTURE AGENDA ITEMS
12. ADJOURNMENT
This agenda was posted in accordance with the California Brown Act. The agenda packet can be accessed on the City of Watsonville website at https://www.cityofwatsonville.org/2123/City-Council-Agendas-Minutes and available for public inspection in the City Clerk’s Office (275 Main Street, 4th Floor) during normal business hours). Any materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet will be made available to the public in accordance with Government Section 54957.5.
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C:\Program Files\eSCRIBE\TEMP\12135879688\12135879688,,,Minutes March 22, 2022.docx
MINUTES REGULAR CITY COUNCIL MEETING
March 22, 2022 City of Watsonville
City Council Chambers
275 Main Street, Top Floor
3:30 p.m.
1. CLOSED SESSION CORRESPONDENCE
2. CLOSED SESSION
(City Council Conference Room, 275 Main Street, 4th Floor) (a) Public Comments regarding the Closed Session agenda were accepted by the City Council at that time.
(b) Closed Session Announcement:
The City Council recessed the regular Council Meeting to discuss the matters that follow:
2.a. PERSONNEL MATTERS
(Government Code Section 54957)
1. Public Employee Appointment
Title: City Manager
2.b. CONFERENCE WITH LABOR NEGOTIATOR
(Government Code Section 54957.6)
Agency designated representative: Peckham & McKenney (Maria Hurtado) Employee organization: City Manager
6:00 p.m.
3. ROLL CALL
Mayor Parker, Mayor Pro Tempore Montesino, and Council Members Dutra, Estrada, Hurst, García, and Quiroz-Carter were present.
Staff members present were City Manager Pro Tempore Vides, City Attorney Zutler, Public Works & Utilities Director Di Renzo, Police Chief Zamora, Fire Chief Lopez, Administrative Services Director Czerwin, Community Development Director Merriam, Parks & Community Services Director Calubaquib, Library Director Martinez, Deputy City Manager Manning, Assistant City Clerk Ortiz, Executive Assistant Pacheco, and Interpreter Landaverry.
3.a. MOTION TO EXCUSE ABSENT COUNCIL MEMBER(S) (If any)
4. PLEDGE OF ALLEGIANCE
5. INFORMATION ITEMS
5.a REPORT OF DISBURSEMENTS
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5.b. MISCELLANEOUS DOCUMENTS REPORT
5.c. WRITTEN REPORTS BY COUNCIL MEMBERS REGARDING ACTIONS TAKEN ON THEIR
REGIONAL COMMISSIONS/BOARD MEETINGS THAT MAY AFFECT THE CITY OF WATSONVILLE (None)
6. PRESENTATIONS & ORAL COMMUNICATIONS
6.a. REPORT OUT OF CLOSED SESSION
City Attorney Zutler stated Council received reports on the Closed Session items, but took no final action.
6.b ORAL COMMUNICATIONS FROM THE PUBLIC (2 MINUTES EACH) Steve Trujillo, District 7, invited Council to an upcoming presentation by Adam Bolaños Scow to address the spraying of harmful chemicals.
Daniel Dodge Jr., District 5, thanked Watsonville High School staff, Police, and School Resource Officer Johnson for acting to detain an individual with a weapon who was near a school campus.
6.c. ORAL COMMUNICATIONS FROM THE COUNCIL (2 MINUTES EACH) Member Hurst spoke about former City Clerk Vázquez Flores’ retirement. He spoke about the characteristics that made Watsonville a great place to live and the contributions of its residents.
Member García spoke about her participation at University of California Santa Cruz’ Journey of Learning Tour. She spoke about the various resources available for the City through the University.
Member Estrada spoke about his attendance at the Watsonville Film Festival. He congratulated the newly appointed Pájaro Valley Healthcare District Board of Directors. He invited the public to attend the César Chavez Awards and thanked Senderos for their invitation to participate in their Latino Role Model Conference.
Member Dutra spoke about his meeting with Community Development Department staff to answer residents’ business-related questions. He spoke about events he attended over the past weeks.
Mayor Pro Tempore Montesino thanked Pájaro Valley Healthcare District’s Board of Directors for their willingness to serve their community.
Mayor Parker congratulated the Watsonville High School boys’ soccer team. She spoke about the process for electing board members to the Pájaro Valley Healthcare District in the future.
6.d. MAYOR’S PROCLAMATION CONGRATULATING WATSONVILLE HIGH SCHOOL BOYS'
SOCCER TEAM & ITS COACHING STAFF
7. REPORTS TO COUNCIL – None
8. CONSENT AGENDA
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MOTION: It was moved by Mayor Pro Tempore Montesino, seconded by Member Dutra to approve the Consent Agenda.
In answering Member García regarding Item 8.d., Public Works & Utilities Director Di Renzo spoke about potential for integration of alternative fuel vehicles into the City’s fleet. He added that reopening the landfill would significantly reduce fuel use by Solid Waste Division vehicles.
MOTION: The above motion carried by the following vote:
AYES: MEMBERS: Dutra, Estrada, García, Hurst, Montesino, Quiroz-Carter, Parker NOES: MEMBERS: None
ABSENT: MEMBERS: None
8.a. MOTION APPROVING MINUTES OF MARCH 8 &14, 2022
8.b. MOTION ACCEPTING WRITTEN REPORT FROM MEMBER QUIROZ-CARTER REGARDING CONFERENCE ATTENDANCE- AS REQUIRED BY AB 1234 – NMCMA AB 1234 TRAINING
8.c. MOTION ACCEPTING OCTOBER 2021 THROUGH DECEMBER 2021 INVESTMENT REPORT
8.d. RESOLUTION NO. 50-22 (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE AWARDING A
PURCHASE CONTRACT TO STURDY OIL COMPANY, A CORPORATION, FOR THE PURCHASE OF PETROLEUM PRODUCTS FOR A FIVE YEAR TERM, PROJECT NO. CV22-01, IN THE AMOUNT OF $1,059,580.70 FOR THE FIRST YEAR, COMMENCING ON JULY 1, 2022, AND AUTHORIZING UP TO $1.3 MILLION PER YEAR FOR THE REMAINING FOUR YEARS; AND AUTHORIZING AND DIRECTING THE CITY MANAGER PRO TEMPORE TO
EXECUTE CONTRACT
8.e. RESOLUTION NO. 51-22 (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE APPROVING
SOLE SOURCE VENDOR AND FIVE-YEAR SUBSCRIPTION LICENSE AGREEMENT WITH
INNOVATIVE INTERFACES INCORPORATED FOR THE MAINTENANCE AND SOFTWARE SUPPORT OF WATSONVILLE PUBLIC LIBRARY’S INTEGRATED LIBRARY SYSTEM (ILS), IN AN AMOUNT NOT TO EXCEED $272,774.91; AND AUTHORIZING CITY MANAGER PRO TEMPORE TO EXECUTE CONTRACT (FUNDED FROM ACCOUNT NUMBER 620-7322)
8.f. RESOLUTION NO. 52-22 (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE APPROVING
AN AGREEMENT AMONG THE COUNTY OF SANTA CRUZ, AND THE CITIES OF SANTA
CRUZ, SCOTTS VALLEY, CAPITOLA AND WATSONVILLE FOR THE USE OF OPIOID
SETTLEMENT FUNDS AND DESIGNATING THE CITY MANAGER PRO TEMPORE, OR THEIR DESIGNEE, AS THE LEAD REPRESENTATIVE IN THE STAKEHOLDER GROUP;
AND AUTHORIZING THE CITY MANAGER PRO TEMPORE TO EXECUTE THE
AGREEMENT
8.g. RESOLUTION NO. 53-22 (CM)
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE APPROVING A TWO-YEAR LEASE BETWEEN THE CITY OF WATSONVILLE AND CHARLES L. KING DBA C.K.’S RESTORATION, FOR PROPERTY AT 160 AVIATION WAY, SUITE A, WATSONVILLE
AND AUTHORIZING AND DIRECTING THE CITY MANAGER PRO TEMPORE TO EXECUTE SAME
8.h. ORDINANCE NO. 1426-22 (CM)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE ADDING CHAPTER 15 ENTITLED PARK DEVELOPMENT IMPACT FEES OF TITLE 3 (FINANCE) AND REPEALING ARTICLES 5 AND 6 TO CHAPTER 6 (TAXATION) OF THE
WATSONVILLE MUNICIPAL CODE
8.i. ORDINANCE NO. 1427-22 (CM)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE AMENDING CHAPTER 6 OF TITLE 13 OF THE WATSONVILLE MUNICIPAL CODE BY REPEALING ARTICLE 2 (PARKLAND DEDICATIONS AND PAYMENT OF IN-LIEU FEES) IN ITS ENTIRETY AND REPLACING WITH A NEW ARTICLE 2 ENTITLED QUIMBY PARK LAND
DEDICATION AND FEES IN LIEU)
9. ITEMS REMOVED FROM CONSENT AGENDA – None
10. NEW BUSINESS
10.a. APPOINTMENT OF IRWIN IVAN ORTIZ TO SERVE AS CITY CLERK AND APPROVAL OF
CONTRACT BETWEEN THE CITY OF WATSONVILLE AND IRWIN IVAN ORTIZ FOR
EMPLOYMENT AS CITY CLERK
1) Staff Report by Deputy City Manager Manning
2) City Council Clarifying & Technical Questions (None) 3) Public Input
The following members of the public spoke in support of the appointment of Irwin Ivan Ortiz as City Clerk:
Steve Trujillo
Maria Elena Ortiz
Executive Assistant Pacheco
Parks & Community Services Director Calubaquib
4) Motion Whether to Approve Staff Recommendation
MOTION: It was moved by Member Dutra, seconded by Mayor Pro Tempore Montesino and carried by the following vote to approve the resolution listed below.
AYES: MEMBERS: Dutra, Estrada, García, Hurst, Montesino, Quiroz-Carter, Parker NOES: MEMBERS: None
ABSENT: MEMBERS: None
5) City Council Deliberation on Motion – None
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C:\Program Files\eSCRIBE\TEMP\12135879688\12135879688,,,Minutes March 22, 2022.docx 6) RESOLUTION NO. 54-22 (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATSONVILLE
APPOINTING IRWIN IVAN ORTIZ CITY CLERK AND APPROVING A CONTRACT
BETWEEN THE CITY OF WATSONVILLE AND IRWIN IVAN ORTIZ FOR EMPLOYMENT
AS CITY CLERK
11. EMERGENCY ITEMS ADDED TO AGENDA – None
12. REQUESTS FOR FUTURE AGENDA ITEMS - None
7:00 p.m.
13. CLOSED SESSION (Item 2 Continued)
The City Council adjourned Closed Session at 9:30 p.m. and returned to report out of Closed Session.
14. REPORT OUT OF CLOSED SESSION
City Attorney Zutler stated Council received a report on the Closed Session items but took no final action.
15. ADJOURNMENT
The meeting was adjourned at 9:32 p.m.
__________________________ __
Ari Parker, Mayor
ATTEST:
_____________________ _________
Irwin I. Ortiz, City Clerk
3/25/2022 7:59:29 PM
C:\Program Files\eSCRIBE\TEMP\19592331931\19592331931,,,Master Agreement with Caltrans.docx Agenda Report
MEETING DATE: Tuesday, April 12, 2022
TO: City Council
FROM: PUBLIC WORKS & UTILITIES DIRECTOR DI RENZO
MURRAY FONTES, PRINCIPAL ENGINEER
SUBJECT: APPROVAL OF A REVISED MASTER AGREEMENT No. 05-5031S21
WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION
(CALTRANS) AND AUTHORIZE CITY MANAGER PRO TEMPORE TO
EXECUTE THE REVISED MASTER AGREEMENT
STATEMENT OF ISSUES:
Securing state and federal transportation funding requires the City execute various agreements with the California Department of Transportation (Caltrans).
RECOMMENDED ACTION:
It is recommended that the City Council adopt a resolution approving a revised Master Agreement No. 05-5031S21 with the California Department of Transportation (CalTrans) and authorizing the City Manager Pro Tempore to execute the Master Agreement.
DISCUSSION:
A Master Agreement (MA) is required between Caltrans and the City whenever federal or state funds are to be used on a City project. In the MA, the City agrees to comply with all federal and state laws, regulations, policies and procedures relative to the design, right of way acquisition, construction and maintenance of the completed facility. On occasion, the MA is updated and re-executed to allow for changes in laws and policies. The MA was last updated on March 26, 2013, when the City Council approved Resolution No. 33-13 (CM).
Caltrans recently requested that the City execute a revised MA, Agreement No. 05-5031S21.
The Master Agreement has been revised to incorporate changes in regulations and policies concerning project administration, maintenance and management of the subject project, invoicing, audits, consultant contracts and procurement of professional service contracts.
This action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that adopting a Resolution executing agreements with Caltrans does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and if a “project,” is exempt under the “common sense” exception (14 Cal.
Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.
3/25/2022 7:59:29 PM
C:\Program Files\eSCRIBE\TEMP\19592331931\19592331931,,,Master Agreement with Caltrans.docx STRATEGIC PLAN:
The project is consistent with the following Strategic Plan goal:
6-Public Safety
FINANCIAL IMPACT:
There are no costs associated with execution of these agreements.
ALTERNATIVE ACTION:
No reasonable alternatives are known at this time.
ATTACHMENTS AND/OR REFERENCES (If any):
None.
Reso No. ______ (CM)
Meeting Date: 041222 1
RESOLUTION NO. ______ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROVING A REVISED MASTER AGREEMENT NO.
05-5031S21 WITH THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS) AND AUTHORIZING THE CITY
MANAGER PRO TEMPORE TO EXECUTE THE REVISED MASTER
AGREEMENT IN ORDER TO SECURE GRANT FUNDING FOR CITY
TRANSPORTATION PROJECTS
WHEREAS, the City of Watsonville is eligible to receive Federal and/or State funding for certain transportation projects through the California Department of Transportation (“CALTRANS”); and
WHEREAS, CALTRANS has updated its Master Agreement and requested that the City execute the updated document.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. This action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that adopting a Resolution executing agreements with Caltrans does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and if a “project,” is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.
2. That the City Council hereby approves the revised Master Agreement No. 05-5031S21 with the California Department of Transportation.
Reso No. (CM)
Meeting Date: 041222 2
3. The City Manager Pro Tempore is authorized to execute the revised Master Agreement No. 05-5031S21, in the form attached hereto, with minor revisions that may be approved by the City Manager Pro Tempore and the City Attorney. **************************************
MASTER AGREEMENT
ADMINISTERING AGENCY-STATE AGREEMENT FOR
STATE-FUNDED PROJECTS
05 City of Watsonville
-------- ---------------------------------------------- District Administering Agency
Agreement No. 05-5031S21
This AGREEMENT, is entered into effective this _______ day of __________, 20___, by and between the City of Watsonville, hereinafter referred to as "ADMINISTERING AGENCY," and the State of California, acting by and through its Department of Transportation (Caltrans), hereinafter referred to as "STATE", and together referred to as "PARTIES" or individually as a "PARTY."
RECITALS:
1. WHEREAS, the Legislature of the State of California has enacted legislation by which certain State funds are made available for use on local transportation related projects of public entities qualified to act as recipients of these state funds; and
2. WHEREAS, ADMINISTERING AGENCY has applied to the California Transportation Commission (CTC) and/or STATE for funding from a State-funded program (herein referred to as STATE FUNDS), as defined in the Local Assistance Program Guidelines (LAPG) and/or in the respective CTC Guidelines, for use on local authorized transportation related projects as a local administered project(s), hereinafter referred to as "PROJECT"; and
3. WHEREAS, said PROJECT will not receive any federal funds; and
4. WHEREAS, before STATE FUNDS will be made available for PROJECT, ADMINISTERING AGENCY and STATE are required to enter into an agreement to establish terms and conditions applicable to the ADMINISTERING AGENCY when receiving STATE FUNDS for a designated PROJECT facility and to the subsequent operation and maintenance of that completed facility.
NOW, THEREFORE, the PARTIES agree as follows:
ARTICLE I - PROJECT ADMINISTRATION
1. This AGREEMENT shall have no force or effect with respect to any program project unless and until a project- specific Program Supplement to this AGREEMENT for state funded projects, hereinafter referred to as "PROGRAM SUPPLEMENT", has been fully executed by both STATE and ADMINISTERING AGENCY.
2. The State approved project-specific allocation notification letter and approved CTC allocation documentation designate the party responsible for implementing PROJECT, type of work, and location of PROJECT for projects requiring CTC allocation by PROJECT component of work.
3. The PROGRAM SUPPLEMENT sets out special covenants as a condition for the ADMINISTERING AGENCY to receive STATE FUNDS from/through STATE for designated PROJECT. The PROGRAM SUPPLEMENT shall also show these STATE FUNDS that have been initially encumbered for PROJECT along with the matching funds to be provided by ADMINISTERING AGENCY and/or others. Execution of PROGRAM SUPPLEMENT by the PARTIES shall cause ADMINISTERING AGENCY to adopt all the terms of this AGREEMENT as though fully set forth therein in the PROGRAM SUPPLEMENT. Unless otherwise expressly delegated in a resolution by the governing body of ADMINISTERING AGENCY, and with written concurrence by STATE, the PROGRAM SUPPLEMENT shall be approved and managed by the governing body of ADMINISTERING AGENCY.
4. ADMINISTERING AGENCY agrees to execute and return each project-specific PROGRAM SUPPLEMENT. The PARTIES agree that STATE may suspend future allocations, encumbrances and invoice payments for any on- going or future STATE FUNDED PROJECT performed by ADMINISTERING AGENCY if any project-specific PROGRAM SUPPLEMENT is not returned, unless otherwise agreed by STATE in writing.
5. ADMINISTERING AGENCY further agrees, as a condition to the release and payment of STATE FUNDS encumbered for the PROJECT described in each PROGRAM SUPPLEMENT, to comply with the terms and conditions of this AGREEMENT and all the agreed-upon Special Covenants or Remarks incorporated within the PROGRAM SUPPLEMENT, and Cooperative/Contribution Agreement where appropriate, defining and identifying the nature of the specific PROJECT.
6. STATE FUNDS will not participate in any portion of PROJECT work performed in advance of the effective date of allocation by CTC, or by STATE for allocations delegated to STATE by CTC, for said PROJECT.
7. Projects allocated with STATE FUNDS will be administered in accordance with the current CTC STIP Guidelines, applicable chapter(s) of the LAPG, LAPM and/or any other instructions published by STATE.
8. ADMINISTERING AGENCY agrees to ensure compliance with all relevant State laws and requirements for work related to PROJECT, including the California Environmental Quality Act (CEQA).
9. ADMINISTERING AGENCY's eligible costs for preliminary engineering work includes all preliminary work directly related to PROJECT up to contract award for construction, including, but not limited to, environmental studies and permits (E&P), preliminary surveys and reports, laboratory work, soil investigations, the preparation of plans, specifications and estimates (PS&E), advertising for bids, awarding of a contract and project development contract administration.
10. ADMINISTERING AGENCY's eligible costs for construction engineering include actual inspection and supervision of PROJECT construction work; construction staking; laboratory and field testing; and the preparation and processing of field reports, records, estimates, final reports, and allowable expenses of employees/consultants engaged in such activities.
11. Unless the PARTIES agree otherwise in writing, ADMINISTERING AGENCY's employees or its contracted engineering consultant shall be responsible for all PROJECT engineering work.
12. ADMINISTERING AGENCY shall not proceed with final design of PROJECT until final environmental approval of PROJECT. Final design entails the design work necessary to complete the PS&E and other work necessary for a construction contract but not required earlier for environmental clearance of that PROJECT.
13. If PROJECT is not on STATE-owned right-of-way, PROJECT shall be constructed in accordance with Chapter 11 of the LAPM that describes minimum statewide design standards for local agency streets and roads. The design standards for projects off the National Highway System (NHS) allow STATE to accept either the current Caltrans Highway Design Manual standards, the current FHWA-adopted American Association of State Highway and Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets standards, or the approved geometric design standards of ADMINISTERING AGENCY.
Additionally, for projects off the NHS, STATE will accept ADMINISTERING AGENCY-approved standard specifications, standard plans, materials sampling and testing quality assurance programs that meet the conditions described in the then current Local Assistance Procedures Manual.
14. If PROJECT involves work within or partially within STATE-owned right-of-way, that PROJECT shall also be subject to compliance with the policies, procedures and standards of the STATE Project Development Procedures Manual and Highway Design Manual and where appropriate, an executed cooperative agreement between STATE and ADMINISTERING AGENCY that outlines the PROJECT responsibilities and respective obligations of the PARTIES. ADMINISTERING AGENCY and its contractors shall each obtain an encroachment permit through STATE prior to commencing any work within STATE rights-of-way or work which affects STATE facilities.
15. When PROJECT is not on the State Highway System (SHS) but includes work to be performed by a railroad, the contract for such work shall be prepared by ADMINISTERING AGENCY or by STATE, as the PARTIES may hereafter agree. In either event, ADMINISTERING AGENCY shall enter into an agreement with the railroad providing for future maintenance of protective devices or other facilities installed under the contract.
16. ADMINISTERING AGENCY shall comply with the provisions of sections 4450 and 4454 of the California Government Code, as well as other Department of General Services guidance, if applicable, for the contract PS&E for the construction of buildings, structures, sidewalks, curbs and related facilities for accessibility and usability. Further requirements and guidance are provided in Title 24 of the California Code of Regulations.
17. ADMINISTERING AGENCY shall provide a full-time public employee to be in responsible charge of each PROJECT. ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each PROJECT. ADMINISTERING AGENCY may utilize consultants to perform supervision and inspection work for PROJECT with a fully qualified and licensed engineer. Utilization of consultants does not relieve ADMINISTERING AGENCY of its obligation to provide a full-time public employee to be in responsible charge of each PROJECT.
18. Unless otherwise provided in the PROGRAM SUPPLEMENT, ADMINISTERING AGENCY shall advertise, award, and administer the PROJECT construction contract or contracts.
19. The cost of maintenance, security, or protection performed by ADMINISTERING AGENCY or contractor forces during any temporary suspension of PROJECT or at any other time may not be charged to the PROJECT.
20. ADMINISTERING AGENCY shall submit PROJECT-specific award information to STATE's District Local Assistance Engineer, within sixty (60) days after contract award.
21. ADMINISTERING AGENCY shall submit the final report documents that collectively constitute a "Final Project Expenditure Report", LAPM Exhibit 17-M, within one hundred eighty (180) days of PROJECT completion. Failure by ADMINISTERING AGENCY to submit a "Final Project Expenditure Report", within 180 days of project completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the Local Assistance Procedures Manual.
22. ADMINISTERING AGENCY shall comply with the Americans with Disabilities Act (ADA) of 1990 that prohibits discrimination on the basis of disability and all applicable regulations and guidelines issued pursuant to the ADA.
23. The Governor and the Legislature of the State of California, each within their respective jurisdictions, have prescribed certain nondiscrimination requirements with respect to contract and other work financed with public funds. ADMINISTERING AGENCY agrees to comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM, attached hereto as Exhibit A and further agrees that any agreement entered into by ADMINISTERING AGENCY with a third party for performance of work connected with PROJECT shall incorporate Exhibit A (with third party's name replacing ADMINISTERING AGENCY) as parts of such agreement.
24. ADMINISTERING AGENCY shall include in all contracts and subcontracts awarded when applicable, a clause that requires each 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 sections 1720-1815) be paid not less than the general prevailing wage rates predetermined by the Department of Industrial Relations as effective at the date of contract award by the ADMINISTERING AGENCY.
ARTICLE II - RIGHTS-OF-WAY
1. No contract for the construction of a STATE FUNDED PROJECT shall be awarded until all necessary rights of way have been secured. Prior to the advertising for construction of PROJECT, ADMINISTERING AGENCY shall certify and, upon request, shall furnish STATE with evidence that all necessary rights-of-way are available for construction purposes or will be available by the time of award of the construction contract.
2. The furnishing of rights of way by ADMINISTERING AGENCY as provided for herein includes, and is limited to, the following, unless the PROGRAM SUPPLEMENT provides otherwise.
(a) Expenditures of capital and support to purchase all real property required for PROJECT free and clear of liens, conflicting easements, obstructions and encumbrances, after crediting PROJECT with the fair market value of any excess property retained and not disposed of by ADMINISTERING AGENCY.
(b) The cost of furnishing of right-of-way as provided for herein includes, in addition to real property required for the PROJECT, title free and clear of obstructions and encumbrances affecting PROJECT and the payment, as required by applicable law, of damages to owners of remainder real property not actually taken but injuriously affected by PROJECT. (c) The cost of relocation payments and services provided to owners and occupants pursuant to Government Code sections 7260-7277 when PROJECT displaces an individual, family, business, farm operation or nonprofit organization.
(d) The cost of demolition and/or the sale of all improvements on the right-of-way after credit is recorded for sale proceeds used to offset PROJECT costs. (e) The cost of all unavoidable utility relocation, protection or removal.
(f) The cost of all necessary hazardous material and hazardous waste treatment, encapsulation or removal and protective storage for which ADMINISTERING AGENCY accepts responsibility and where the actual generator cannot be identified, and recovery made.
3. ADMINISTERING AGENCY agrees to indemnify and hold STATE harmless from any liability that may result in the event the right-of-way for a PROJECT is not clear as certified by ADMINISTERING AGENCY, including, but not limited to, if said right-of-way is found to contain hazardous materials requiring treatment or removal to remediate in accordance with Federal and State laws. ADMINISTERING AGENCY shall pay, from its own non- matching funds, any costs which arise out of delays to the construction of PROJECT because utility facilities have not been timely removed or relocated, or because rights-of-way were not available to ADMINISTERING AGENCY for the orderly prosecution of PROJECT work.
ARTICLE III - MAINTENANCE AND MANAGEMENT
1. ADMINISTERING AGENCY will maintain and operate the property acquired, developed, constructed, rehabilitated, or restored by PROJECT for its intended public use until such time as the parties might amend this AGREEMENT to otherwise provide. With the approval of STATE, ADMINISTERING AGENCY or its successors in interest in the PROJECT property may transfer this obligation and responsibility to maintain and operate PROJECT property for that intended public purpose to another public entity.
2. Upon ADMINISTERING AGENCY's acceptance of the completed construction contract or upon contractor being relieved of the responsibility for maintaining and protecting PROJECT, ADMINISTERING AGENCY will be responsible for the maintenance, ownership, liability, and the expense thereof, for PROJECT in a manner satisfactory to the authorized representatives of STATE and if PROJECT falls within the jurisdictional limits of another Agency or Agencies, it is the duty of ADMINISTERING AGENCY to facilitate a separate maintenance agreement(s) between itself and the other jurisdictional Agency or Agencies providing for the operation, maintenance, ownership and liability of PROJECT. Until those agreements are executed, ADMINISTERING AGENCY will be responsible for all PROJECT operations, maintenance, ownership and liability in a manner satisfactory to the authorized representatives of STATE. If, within ninety (90) days after receipt of notice from STATE that a PROJECT, or any portion thereof, is not being properly operated and maintained and ADMINISTERING AGENCY has not satisfactorily remedied the conditions complained of, the approval of future STATE FUNDED PROJECTS of ADMINISTERING AGENCY will be withheld until the PROJECT shall have been put in a condition of operation and maintenance satisfactory to STATE. The provisions of this section shall not apply to a PROJECT that has been vacated through due process of law with STATE's concurrence.
3. PROJECT and its facilities shall be maintained by an adequate and well-trained staff of engineers and/or such other professionals and technicians as PROJECT
reasonably requires. Said operations and maintenance staff may be employees of ADMINISTERING AGENCY, another unit of government, or a contractor under agreement with ADMINISTERING AGENCY. All maintenance will be performed at regular intervals or as required for efficient operation of the complete PROJECT improvements.
4. ADMINISTERING AGENCY shall comply with all applicable law, including but not limited to, all applicable legal authority regarding construction standards.
ARTICLE IV - FISCAL PROVISIONS
1. All contractual obligations of STATE are subject to the appropriation of resources by the Legislature and the allocation of resources by the CTC.
2. STATE'S financial commitment of STATE FUNDS will occur only upon the execution of this AGREEMENT, the execution of each project-specific PROGRAM SUPPLEMENT and/or STATE's approved finance letter.
3. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices in arrears for reimbursement of allowable PROJECT costs at least once every six months commencing after the STATE FUNDS are encumbered on either the project-specific PROGRAM SUPPLEMENT or through a project-specific finance letter approved by STATE. STATE reserves the right to suspend future allocations and invoice payments for any on-going or future STATE FUNDED project performed by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period
4. Invoices shall be submitted on a standardized billing summary template, in accordance with Chapter 5 of the LAPM to claim reimbursement by ADMINISTERING AGENCY. For construction invoices, pay estimates must be included.
5. ADMINISTERING AGENCY must retain at least one copy of supporting backup documentation for allowable costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs.
6. Payments to ADMINISTERING AGENCY can only be released by STATE as reimbursements of actual allowable PROJECT costs already incurred and paid for by the ADMINISTERING AGENCY.
7. Indirect Cost Allocation Plans/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to the Inspector General - Independent Office of Audits and Investigations for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect cost incurred within each fiscal year being claimed for reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the LAPM, and the ICAP/ICRP approval procedures established by STATE.
8. STATE will withhold the greater of either two (2) percent of the total of all STATE FUNDS encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT.
9. The estimated total cost of PROJECT, the amount of STATE FUNDS obligated, and the required matching funds may be adjusted by mutual consent of the PARTIES with a finance letter, and an allocation notification letter when applicable. STATE FUNDING may be increased to cover PROJECT cost increases only if such additional funds are available and the CTC and/or STATE concurs with that increase in the form of an allocation and finance letter.
10. When such additional STATE FUNDS are not available, ADMINISTERING AGENCY agrees that any increases in PROJECT costs must be defrayed with ADMINISTERING AGENCY's own funds.
11. ADMINISTERING AGENCY shall use its own non-STATE FUNDS to finance the local share of eligible costs and all PROJECT expenditures or contract items ruled ineligible for financing with STATE FUNDS. STATE shall make the final determination of ADMINISTERING AGENCY's cost eligibility for STATE FUNDED financing with respect to claimed PROJECT costs.
12. ADMINISTERING AGENCY will reimburse STATE for STATE's share of costs for work performed by STATE at the request of ADMINISTERING AGENCY. STATE's costs shall include overhead assessments in accordance with section 8755.1 of the State Administrative Manual.
13. STATE FUNDS allocated by the CTC and/or STATE are subject to the timely use of funds provisions approved in CTC Guidelines and State procedures approved by the CTC and STATE.
14. STATE FUNDS encumbered for PROJECT are available for liquidation only for a limited period from the beginning of the State fiscal year when those funds were appropriated in the State Budget. STATE FUNDS not liquidated within these periods will be reverted unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Section 16304 of the Government Code. The exact date of fund reversion will be reflected in the STATE signed PROJECT finance letter.
15. Payments to ADMINISTERING AGENCY for PROJECT-related travel and
subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid to rank and file STATE employees under current California Department of Human Resources (CalHR) rules unless a Cooperative Work Agreement (CWA) is submitted by ADMINISTERING AGENCY and approved by the California Department of Finance in accordance with Government Code section 16304. If the rates invoiced by ADMINISTERING AGENCY are in excess of CalHR rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand.
16. ADMINISTERING AGENCY agrees to comply with California Government Code 4525- 4529.14. Administering Agency shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall also comply with 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326.
17. ADMINISTERING AGENCY agrees and will assure that its contractors and subcontractors will be obligated to agree that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, excluding 2 CFR Part 200.318-200.326Governments.
ADMINISTERING AGENCY agrees to comply with the provisions set forth in 23 CFR Parts 140, 645 and 646 when contracting with railroad and utility companies.
18. Every recipient and sub-recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR 200 excluding 2 CFR Part 200.318-200.326, 48 CFR Chapter 1, Part 31, LAPM, Public Contract Code (PCC) 10300- 10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations.
19. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be questioned, disallowed, or unallowable under 2 CFR, Part 200, 48 CFR, Chapter 1, Part 31, 23 CFR Parts 140, 645 and 646, LAPM, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), California Government Code 4525-4529.5 including 4527(a) and 4528(a), and other applicable STATE regulations are subject to repayment by ADMINISTERING AGENCY to STATE and may result in STATE imposing sanctions on ADMINISTERING AGENCY as described in Chapter 20 of the Local Assistance Procedures Manual.
20. Should ADMINISTERING AGENCY fail to refund any moneys due upon written demand by STATE as provided herein or should ADMINISTERING AGENCY breach this AGREEMENT by failing to complete PROJECT without adequate justification and approval by STATE, then, within thirty (30) days of demand, or within such other period as may be agreed to in writing between the PARTIES hereto, STATE, acting through the State Controller, the State Treasurer, the CTC or any other public entity
or agency, may intercept, withhold and demand the transfer of an amount equal to the amount paid by or owed to STATE for each PROJECT, from future apportionments, or any other funds due ADMINISTERING AGENCY from the Highway Users Tax Fund or any other sources of funds, and/or may also withhold approval of future STATE FUNDED projects proposed by ADMINISTERING AGENCY.
21. Should ADMINISTERING AGENCY be declared to be in breach of this AGREEMENT or otherwise in default thereof by STATE, and if ADMINISTERING AGENCY is constituted as a joint powers authority, special district, or any other public entity not directly receiving funds through the State Controller, STATE is authorized to obtain reimbursement from whatever sources of funding are available, including the withholding or transfer of funds, from those constituent entities comprising a joint powers authority or by bringing of an action against ADMINISTERING AGENCY or its constituent member entities, to recover all funds provided by STATE hereunder.
22. ADMINISTERING AGENCY acknowledges that the signatory party represents the ADMINISTERING AGENCY and further warrants that there is nothing within a Joint Powers Agreement, by which ADMINISTERING AGENCY was created, if any exists, that would restrict or otherwise limit STATE's ability to recover STATE FUNDS improperly spent by ADMINISTERING AGENCY in contravention of the terms of this AGREEMENT.
ARTICLE V -
AUDITS, THIRD PARTY CONTRACTING, RECORDS RETENTION AND REPORTS
1. STATE reserves the right to conduct technical and financial audits of PROJECT work and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by paragraph three (3) of Article V.
2. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices sent to or paid by STATE.
3. ADMINISTERING AGENCY, ADMINISTERING AGENCY's contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States, all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts, and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above-referenced parties shall make such AGREEMENT and PROGRAM SUPPLEMENT materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years, or 35 years for Prop 1B
funds, from the date of final payment to ADMINISTERING AGENCY.
4. ADMINISTERING AGENCY shall not award a construction contract over $25,000 on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. All contracts awarded by ADMINISTERING AGENCY intended or used as local match credit must meet the requirements set forth in this AGREEMENT regarding local match funds.
5. ADMINISTERING AGENCY shall comply with Chapter 10 (commencing with Section 4525) Division 5 of Title 1 of the Government Code and shall undertake the procedures described in California Government Code 4527(a) and 4528(a). Administering Agency shall comply with Chapter 10 of the LAPM for A&E Consultant Contracts.
6. ADMINISTERING AGENCY shall comply with Government Code Division 5 Title 1 sections 4525-4529.5 and shall undertake the procedures described in California Government Code 4527(a) and 4528(a) for procurement of professional service contracts. Administering Agency shall follow Public Contract Code Section 10335-10381 for other professional service contracts.
7. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain all of the provisions of Article IV, FISCAL PROVISIONS, and this ARTICLE V, AUDITS, THIRD-PARTY CONTRACTING, RECORDS RETENTION AND REPORTS and shall mandate that travel and per diem reimbursements and third- party contract reimbursements to subcontractors will be allowable as PROJECT costs only after those costs are incurred and paid for by the subcontractors.
8. To be eligible for local match credit, ADMINISTERING AGENCY must ensure that local match funds used for a PROJECT meet the fiscal provisions requirements outlined in ARTICLE IV in the same manner that is required of all other PROJECT expenditures.
9. Except as provided in this Article, this AGREEMENT is solely between and for the benefit of the PARTIES and there are no third-party beneficiaries.
ARTICLE VI - MISCELLANEOUS PROVISIONS
1. ADMINISTERING AGENCY agrees to use all PROJECT funds reimbursed hereunder only for transportation purposes that are in conformance with Article XIX of the California State Constitution and other California laws.
2. ADMINISTERING AGENCY shall conform to all applicable State and Federal statutes and regulations, and the Local Assistance Program Guidelines and Local Assistance Procedures Manual as published by STATE and incorporated herein, including all subsequent approved revisions thereto applicable to PROJECT unless otherwise designated in the project-specific executed PROJECT SUPPLEMENT.
3. This AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or adopted by the CTC that may affect the provisions, terms, or funding of this AGREEMENT in any manner.
4. ADMINISTERING AGENCY and the officers and employees of ADMINISTERING AGENCY, when engaged in the performance of this AGREEMENT, shall act in an independent capacity and not as officers, employees or agents of STATE.
5. Each project-specific PROGRAM SUPPLEMENT shall separately establish the terms and funding limits for each described PROJECT funded under this AGREEMENT and that PROGRAM SUPPLEMENT. No STATE FUNDS are obligated against this AGREEMENT.
6. ADMINISTERING AGENCY certifies that neither ADMINISTERING AGENCY nor its principals are suspended or debarred at the time of the execution of this AGREEMENT, and ADMINISTERING AGENCY agrees that it will notify STATE
immediately in the event a suspension or a debarment occurs after the execution of this AGREEMENT.
7. ADMINISTERING AGENCY certifies, by execution of this AGREEMENT, that no person or selling agency has been employed or retained to solicit or secure this AGREEMENT upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by ADMINISTERING AGENCY for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this AGREEMENT without liability, pay only for the value of the PROJECT work actually performed, or in STATE's discretion, to deduct from the price of PROGRAM SUPPLEMENT consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.
8. In accordance with Public Contract Code section 10296, ADMINISTERING AGENCY hereby certifies under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ADMINISTERING AGENCY within the immediate preceding two (2) year period because of ADMINISTERING AGENCY's failure to comply with an order of a federal court that orders ADMINISTERING AGENCY to comply with an order of the National Labor Relations Board.
9. ADMINISTERING AGENCY shall disclose any financial, business, or other relationship with STATE that may have an impact upon the outcome of this AGREEMENT or any individual PROJECT encompassed within a PROGRAM SUPPLEMENT. ADMINISTERING AGENCY shall also list current contractors who may have a financial interest in the outcome of a PROJECT undertaken pursuant to this AGREEMENT. These disclosures shall be delivered to STATE in a form deemed acceptable by the STATE prior to execution of this AGREEMENT.
10. ADMINISTERING AGENCY hereby certifies that it does not have, nor shall it acquire, any financial or business interest that would conflict with the performance of any PROJECT initiated under this AGREEMENT.
11. ADMINISTERING AGENCY certifies that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion, to terminate this AGREEMENT without liability, to pay only for PROJECT work actually performed, or to deduct from a PROGRAM SUPPLEMENT price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.
12. Any dispute concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by the STATE's Contract Manager, who shall be identified to ADMINISTERING AGENCY at the time of execution of this AGREEMENT and, as applicable , any time that Contract Manager changes during the duration of this AGREEMENT who may consider any written or verbal evidence submitted by ADMINISTERING AGENCY.
The decision of the Contract Manager, issued in writing, shall be conclusive and binding on the PARTIES on all questions of fact considered and determined by the Contract Manager.
13. Neither the pending of a dispute nor its consideration by the Contract Manager will excuse the ADMINISTERING AGENCY from full and timely performance in accordance with the terms of this AGREEMENT and each PROGRAM SUPPLEMENT.
14. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under or in connection with any work, authority or jurisdiction of ADMINISTERING AGENCY arising under this AGREEMENT. It is understood and agreed that ADMINISTERING AGENCY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims and suits or actions of every name, kind and description brought forth under, including but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by ADMINISTERING AGENCY under this AGREEMENT.
15. Neither ADMINISTERING AGENCY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by, under or in connection with any work, authority or jurisdiction arising under this AGREEMENT. It is understood and agreed that STATE shall fully defend, indemnify and save harmless the ADMINISTERING AGENCY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortuous, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this AGREEMENT.
16. In the event of (a) ADMINISTERING AGENCY failing to timely proceed with effective PROJECT work in accordance with the project-specific PROGRAM SUPPLEMENT; (b) failing to maintain any applicable bonding requirements; and (c) otherwise materially violating the terms and conditions of this AGREEMENT and/or any PROGRAM SUPPLEMENT, STATE reserves the right to terminate funding for that PROJECT upon thirty (30) days' written notice to ADMINISTERING AGENCY.
17. No termination notice shall become effective if, within thirty (30) days after receipt of a Notice of Termination, ADMINISTERING AGENCY either cures the default involved or, if the default is not reasonably susceptible of cure within said thirty (30) day period the ADMINISTERING AGENCY proceeds thereafter to complete that cure in a manner and time line acceptable to STATE.
18. Any such termination shall be accomplished by delivery to ADMINISTERING AGENCY of a Notice of Termination, which notice shall become effective not less than thirty (30) days after receipt, specifying the reason for the termination, the extent to which funding of work under this AGREEMENT and the applicable PROGRAM SUPPLEMENT is terminated and the date upon which such termination becomes effective, if beyond thirty (30) days after receipt. During the period before the effective termination date, ADMINISTERING AGENCY and STATE shall meet to attempt to resolve any dispute. In the event of such termination, STATE may proceed with the PROJECT work in a manner deemed proper by STATE. If STATE terminates funding for PROJECT with ADMINISTERING AGENCY for the reasons stated in paragraph sixteen (16) of ARTICLE VI, STATE shall pay ADMINISTERING AGENCY the sum due ADMINISTERING AGENCY under the PROGRAM SUPPLEMENT
and/or STATE-approved finance letter prior to termination, provided, however, ADMINISTERING AGENCY is not in default of the terms and conditions of this AGREEMENT or the project-specific PROGRAM SUPPLEMENT and that the cost of any PROJECT completion to STATE shall first be deducted from any sum due ADMINISTERING AGENCY.
19. In the case of inconsistency or conflicts with the terms of this AGREEMENT and that of a project-specific PROGRAM SUPPLEMENT and/or Cooperative Agreement, the terms stated in that PROGRAM SUPPLEMENT and/or Cooperative Agreement shall prevail over those in this AGREEMENT.
20. Without the written consent of STATE, this AGREEMENT is not assignable by ADMINISTERING AGENCY either in whole or in part.
21. No alteration or variation of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES, and no oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT by their duly authorized officer.
STATE OF CALIFORNIA City of Watsonville
DEPARTMENT OF TRANSPORTATION
By______________________________ By_______________________________ ________________________________ _______________________________ Chief, Office of Project Implementation City of Watsonville Division of Local Assistance Representative Name & Title (Authorized Governing Body Representative)
Date __________________________ Date __________________________
EXHIBIT A - FAIR EMPLOYMENT PRACTICES ADDENDUM
1. In the performance of this Agreement, ADMINISTERING AGENCY will not discriminate against any employee for employment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. ADMINISTERING AGENCY will take affirmative action to ensure that employees are treated during employment without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Such action shall include, but not be limited to, the following:
employment; upgrading; demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. ADMINISTERING AGENCY shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section.
2. ADMINISTERING AGENCY, its contractor(s) and all subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, 12900 et seq.), and the applicable regulations promulgated thereunder (Cal. Code Regs., Title 2, 11000, et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12900(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. Each of the ADMINISTERING AGENCY'S contractors and all subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreements, as appropriate.
3. ADMINISTERING AGENCY shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under this AGREEMENT.
4. ADMINISTERING AGENCY will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by STATE, the State Fair Employment and Housing Commission, or any other agency of the State of California designated by STATE, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement.
5. Remedies for Willful Violation:
(a) STATE may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which ADMINISTERING AGENCY was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that ADMINISTERING AGENCY has violated the Fair Employment Practices Act. (b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services thereunder shall be borne and paid for by ADMINISTERING AGENCY and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or thereafter may become due to ADMINISTERING AGENCY, the difference between the price named in the Agreement and the actual cost thereof to STATE to cure ADMINISTERING AGENCY's breach of this Agreement.
3/28/2022 12:29:49 PM
C:\Program Files\eSCRIBE\TEMP\12294781608\12294781608,,,Dump Truck Purchase.docx Agenda Report
MEETING DATE: Tuesday, April 12, 2022
TO: City Council
FROM: PUBLIC WORKS & UTILITIES DIRECTOR DI RENZO
BEAU KAYSER, WATER DIVISION MANAGER
SUBJECT: AUTHORIZATION FOR THE PURCHASE OF A DUMP TRUCK
FROM RUSH TRUCK CENTERS FOR THE WATER SERVICES
DIVISION IN THE AMOUNT OF $256,315.71
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution authorizing the purchase of a 2023 Peterbilt, 10-yard capacity dump truck from Rush Truck Centers through the purchasing authority of Sourcewell (formerly NJPA) Purchase Agreement No. 060920-PMC, in an amount not to exceed $256,315.71; and authorizing the City Manager Pro Tempore to execute the purchase agreement.
DISCUSSION:
The Water Services Division is in need of replacing a 20-year-old Volvo dump truck that has surpassed its useful life. Water Services routinely transports various heavy construction materials so it is essential that the division have a functioning vehicle. The 1995 Volvo dump truck will not pass future inspections due to wear and tear and obsolescence. As an example, the truck’s particulate filtration system is not in compliance with updated California Air Resources Board (CARB) requirements.
The City’s Purchasing Policies, specifically subdivision (e) of § 3-5.210 of the Watsonville Municipal Code, exempts purchases made cooperatively with one (1) or more units of government through cooperative purchasing programs substantially the same as the City of Watsonville. The City typically purchases vehicles through a cooperative purchasing source such as Sourcewell (Formerly NJPA) and received a quote from Rush Truck Centers, which is a member of Sourcewell for the purchase of one (1) 2023 Peterbilt, 10-Yard Capacity Dump Truck, in an amount of $256,315.71.
City staff has reviewed the quote and believes it to be a reasonable cost for this type of vehicle.
STRATEGIC PLAN:
This purchase supports Strategic Plan Goal:
3 - Infrastructure and Environment
3/28/2022 12:29:49 PM
C:\Program Files\eSCRIBE\TEMP\12294781608\12294781608,,,Dump Truck Purchase.docx FINANCIAL IMPACT:
A budget transfer for $256,315.71 from account 0720-913-7855-14346 is hereby requested into budget 0720-913-7805-14350 in order to fund this purchase. The account has sufficient funds to cover this request.
ALTERNATIVES:
None recommended.
ATTACHMENTS:
None.
Reso No. ________ (CM)
C:\Program Files\eSCRIBE\TEMP\12294756193\12294756193,,,Resolution - Purchase of 2023 Dump Truck.docx ri 3/28/2022 12:29:49 PM
RESOLUTION NO. (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE AUTHORIZING THE PURCHASE OF ONE (1) NEW 2023 PETERBILT, 10-YARD CAPACITY DUMP TRUCK FOR THE WATER
SERVICES DIVISION FROM RUSH TRUCK CENTERS, THROUGH THE
PURCHASING AUTHORITY OF SOURCEWELL (FORMERLY NJPA),
PURCHASE AGREEMENT NO. 060920-PMC, IN AN AMOUNT NOT TO
EXCEED $256,315.71; AND AUTHORIZING THE CITY MANAGER PRO
TEMPORE TO EXECUTE THE PURCHASE AGREEMENT (FUNDED BY
THE WATER ENTERPRISE FUND 0720)
WHEREAS, bidding requirements for the purchase of supplies, equipment and non-personal contractual services and the sale of personal property are set forth in Chapter 5 (Purchasing Procedure) of Title 3 (Finance) of the Watsonville Municipal Code; and
WHEREAS, subdivision (e) of § 3-5.210 exempts purchases made cooperatively with one (1) or more units of government through cooperative purchasing programs substantially the same as the City of Watsonville’s; and WHEREAS, the City received a quote from Rush Truck Centers, Member of Sourcewell (Formerly NJPA) through purchasing agreement #060920-PMC, for the purchase of one (1) 2023 Peterbilt, 10-Yard Capacity Dump Truck, in an amount of $256,315.71; and
WHEREAS, City staff has evaluated the bid process used by Sourcewell (Formerly NJPA) and determined that its bid process is similar to that of the City of Watsonville.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
Reso No. ________ (CM)
C:\Program Files\eSCRIBE\TEMP\12294756193\12294756193,,,Resolution - Purchase of 2023 Dump Truck.docx ri 3/28/2022 12:29:49 PM
1. This action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that adopting a Resolution approving the purchase of one (1) Peterbilt, 10-Yard Capacity Dump Truck vehicle does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and because the action constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment and if a “project,” is exempt under the “common sense” exception (14 Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.
2. This purchase is exempt from the purchasing procedures of Chapter 5 (Purchasing Procedures) of Title 3 (Finance) of the Watsonville Municipal Code as a purchase made cooperatively with one (1) or more units of government under subdivision (e) of § 3-5.210 of the Municipal Code.
3. That the Council hereby authorizes the purchase of one (1) Peterbilt, 10- Yard Capacity Dump Truck vehicle to be used by the Water Services Division from Rush Truck Centers, through the purchasing authority of Sourcewell (Formerly NJPA), through Purchase Agreement #060920-PMC in an amount not to exceed $256,315.71 funded by the Water Enterprise Fund [0720].
4. That the City Manager Pro Tempore is hereby authorized and directed to execute said Purchase Agreement #060920-PMC for and on behalf of the City of Watsonville in the form attached hereto and incorporated herein by this reference, with minor revisions that may be approved by the City Manager Pro Tempore and the City
Reso No. ________ (CM)
C:\Program Files\eSCRIBE\TEMP\12294756193\12294756193,,,Resolution - Purchase of 2023 Dump Truck.docx ri 3/28/2022 12:29:49 PM
Attorney.
***********************************
SW0218220310
Date: February 18, 2022
To: City of Watsonville
Address: 250 Main Street Watsonville, CA 95076
Member ID# : 18533
Name: Alfred Castaneda
Email: [email protected]
Phone: (831) 768-3100
Quote Expire: April 30, 2022
Sourcewell: Contract # 060920-PMC
YEAR: 2023 TRANS.: Allison 4500 RDS-P
MAKE: Peterbilt R. AXLE: 40K
MODEL: 567 F. AXLE: 20K
Body Type: 10YD Dump PINTLE HITCH: Vendor Provided
GVWR: 60,000 lbs PUSHER AXLE: None
ENGINE: Cummins X15 ( Diesel ) Wheels: Steel
H/P: 450V hp @ 1650 ft/lbs torque FUEL TANKS: 90 Gallon Model 567 Cab & Chassis
List Price : ( Per Specifications City of Watsonville) $252,813.00 Model Sourcewell Disscount: ( See Pg. 2 ) 34.00% -$85,956.42 Total Customer Price $166,856.58
Sourced goods / Services
Body: PB Loader 14FT 10YD Body w/acc. - SW Contract # 080521-PBL $54,105.00 Floor Plan production per diem $6,674.20
Chassis Engineering Frame Layout $1,350.00
Chassis Set of Manuals $500.00
Delivery Wash and Detail $500.00
Transport: Deton - Fresno $1,500.00
Total $64,629.20
Model 567 Cab & Chassis $166,856.58
Sourced goods / services $64,629.20
Total $231,485.78
Sales Tax (9.25%) $21,412.43
Warranties: CARB Emssions 5yr/350K, Plan 1 Cummins 5yr/100K $3,040.00 Admin Process - ( License/Title/Reg Exempt/Doc Prep/Filing ) $360.00 Tire Recycling Fee $17.50
Total Price $256,315.71
* 12% Ferderal ExciseTaxes Apply to State/Local Govt who are NOT Exempt * Contact: Ray Gamez Phone: (949) 355-4382
Diesel Engine with Allison Transmission
2023 Peterbilt 567
DESCRIPTION
Sourcewell Quote Sheet
8830 E. Slauson Ave. Pico Rivera, CA 90660
Email: [email protected]
Rush Truck Centers
Rush Truck Centers of California, Inc. dba
Rush Truck Center, Los Angeles Page 1 of 38
Sourcewell Customer Pricing CY2021-2024
Peterbilt Motors Company Contract #060920-PMC
OCTOBER 1, 2021 REVISION
*Customer price includes cab & chassis, factory-freight, Pre-Delivery-Inspection (PDI) and dealer profit. *Customer price does not include any flooring/interest charges, any applicable taxes (i.e. FET), and any components/services provided by the Peterbilt dealer after delivery from Peterbilt factory (i.e. body, manuals, training, doc fees, local-delivery, additional fuel/def, extended coverages, etc.) • Due to global supply chain cost increases, all trucks are subject to a commodity surcharge of up to 10% of truck (cab & chassis) price (List price less Sourcewell Discount) • Canadian Peterbilt Dealers have the option to order chassis in Canadian or US Dollars. • If ordered in US dollars, Canadian Peterbilt Dealers have the option to lock-in the exchange rate and have the truck invoiced in Canadian Dollars prior to build date. (typically 2 weeks before build date). • Peterbilt/PACCAR-Canada provides Peterbilt Dealers the updated exchange-rate on a daily basis. • PACCAR Treasury uses a daily average along with 6 month futures.
Model Model
220
Model
220EV
Model
325
Model
330
Model
337
Model
348
Model
535
Model
536
Model
537
Model
548
Example MSRP/Base List Price $91,135 $446,984 $83,944 $88,697 $95,459 $108,550 $90,723 $93,568 $95,203 $108,586 CY2021-2024 Sourcewell
DISCOUNT 10.00% 14.00% 17.00% 18.00% 19.00% 26.00% 15.00% 16.00% 17.00% 20.00% Sourcewell Customer Price $82,023 $384,412 $69,673 $72,731 $77,324 $80,325 $77,112 $78,594 $79,022 $86,870 Model Model
365
Model
367
Model
567
Model
579
Model
579EV
Model
389
Model
520
Model
520EV
List Price $173,401 $176,503 $178,721 $191,060 $596,681 $188,869 $196,670 $638,044 CY2021-2024 Sourcewell
DISCOUNT 31.00% 34.00% 34.00% 35.00% 37.00% 35.00% 35.00% 37.00% Sourcewell Customer Price $119,647 $116,490 $117,963 $124,180 $375,920 $122,762 $127,829 $401,969 Rush Truck Centers of California, Inc. dba
Rush Truck Center, Los Angeles Page 2 of 38
Rush Truck Centers of California, Inc. dba Page 35 of 100 Rush Truck Center, Los Angeles Page 3 of 38
Joe Curran
National Fleet Sales Manager
11-23-20
Rush Truck Centers of California, Inc. dba Page 36 of 100 Rush Truck Center, Los Angeles Page 4 of 38
Rush Truck Centers of California, Inc.
dba Rush Truck Centers, Los Angeles
Principals
The Principals of Rush Truck Centers of California, Inc. are:
Name Title Address
W.M. “Rusty” Rush Sole Director, President and CEO 555 IH35 South, Suite 500 New Braunfels, TX 78130
Derrek R. Weaver VP & Treasurer “
Michael McRoberts Secretary “
Scott Anderson VP Finance & Insurance “
Steven L. Keller Assistant Secretary “
Michael S. Lyons Assistant Secretary “
Hal Meriwether Regional General Manager 14490 Slover Ave.
Fontana, CA 92337
Daniel Perez General Manager 8830 East Slauson Ave.
Pico Rivera, CA 90660
Rush Truck Centers of California, Inc. dba
Rush Truck Center, Los Angeles Page 5 of 38
Rush Limited Warranty
NEW PRODUCTS – MANUFACTURER WARRANTIES ONLY. Any warranties on any new product(s) sold by Rush are limited only to any printed warranty provided by the applicable manufacturer of the product.
EXCEPT FOR ANY SUCH WARRANTIES MADE BY MANUFACTURERS, THE PRODUCT(S) ARE SOLD WITHOUT
ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EACH OF WHICH IS EXPRESSLY DISCLAIMED.
USED PRODUCTS – NO WARRANTIES. All used product(s) sold by Rush are sold on an “AS IS, WHERE IS” basis, without any warranties by Rush. EXCEPT FOR ANY MANUFACTURERS’ WARRANTIES THAT MAY
STILL BE IN EFFECT, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED.
LIMITED WARRANTY ON SERVICES. Rush warrants that all services performed by Rush for a customer, including repair, maintenance and installation services (“Services”), will be performed in a good and workmanlike manner (“Services Warranty”). The Services Warranty is valid for a period of ninety (90) days from the date the Service is completed. Customer’s sole and exclusive remedy, and Rush’s entire liability, under the Services Warranty is the repair of any nonconforming portion of the Services. RUSH PROVIDES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, CONCERNING ITS SERVICES. The Services Warranty is strictly limited to Services performed by Rush for customer. Rush does not warrant any services provided by any third-party. Any warranties are solely those that are provided by the third-party service provider.
Rush Truck Centers of California, Inc. dba
Rush Truck Center, Los Angeles Page 6 of 38
Notice Regarding Security Interest and Payment of Purchase Price
1. BMO Harris Bank N.A. (“Bank”) financed or will finance the acquisition of each vehicle that Rush Enterprises, Inc. and its subsidiaries (“Rush”) will in turn sell to you on deferred payment terms (“Vehicle”). Bank’s agreement with Rush requires that Bank’s security interest in each Vehicle continue until Bank receives the full amount that Bank financed for such Vehicle. Based on that agreement, your purchase of a Vehicle will be subject to Bank’s prior, unrelinquished security interest, which will continue until Bank receives the total amount that Bank financed for such Vehicle.
2. By written notice to you, Bank may require you to pay the purchase price for Vehicles directly to Bank. If you pay any portion of the purchase price for a Vehicle directly to Bank, Rush will credit such payment(s) against the amount you owe to Rush.
3. Notwithstanding the foregoing, on full payment for a Vehicle, Rush shall ensure that the Vehicle is free and clear of any liens, mortgages, security interests or other encumbrances of third parties, including BMO, and shall pay all amounts necessary to discharge any such encumbrance.
Rush Truck Centers of California, Inc. dba
Rush Truck Center, Los Angeles Page 7 of 38
FEDERAL EXCISE TAX
Exemption Certificate
for Use by States & Local Governments
Treas. Reg. 48.4221-5
I hereby certify that I am (title of officer) of the
(state or local government) (“Purchaser”), that I am authorized to execute this certificate on behalf of Purchaser, and that:
(check applicable type of certificate)
A. the article/articles specified in the accompanying order or below:
Article/Articles (by VIN):
(if more room is needed, attach list of additional articles to this certificate) OR
B. X all orders placed by Purchaser for the period commencing January 1, 2020 (date) and ending December 31, 2022 (date) (period not to exceed 12 calendar quarters) are, or will be, purchased from Rush Truck Centers of California, Inc. (“Dealer”) for the exclusive use of Purchaser.
Purchaser understands that this statement is made under penalties of perjury.
Purchaser understands that the exemption from tax in the case of sales of articles under this exemption certificate to a State, etc., is limited to the sale of articles purchased for its exclusive use. Purchaser understands that the fraudulent use of this certificate for the purpose of securing this exemption will subject Purchaser and all parties making such fraudulent use of this certificate to a fine of not more than $10,000, or to imprisonment for not more than 5 years, or both, together with costs of prosecution.
PURCHASER
By:
Name:
Title:
RUSH FET FORM 1 – STATE/LOCAL GOVT EXEMPTION
Rush Truck Centers of California, Inc. dba
Rush Truck Center, Los Angeles Page 8 of 38
Unit Chassis
Model: Model 567 Fr Axle Load (lbs): 20000
Type: Full Truck Rr Axle Load (lbs): 40000
Description 1: ISX15 3AX DUMP TRUCK G.C.W. (lbs): 60000 Description 2:
Application Road Conditions:
Intended Serv.: Construction Dump-On/Off Highway Class A (Highway) 100 Commodity: Construction Materials Class B (Hwy/Mtn) 0
Class C (Off-Hwy) 0
Body Class D (Off-Road) 0
Type: End Dump w/ Pup Trailer Maximum Grade: 6
Length (ft): 15 Wheelbase (in): 222
Height (ft): 13.6 Overhang (in): 60
Max Laden Weight
(lbs):
2000 Fr Axle to BOC (in): 74.1
Cab to Axle (in): 147.9
Trailer Cab to EOF (in): 207.9
No. of Trailer Axles: 0 Overall Comb. Length (in): 329.23 Type:
Length (ft): 0 Special Req.
Height (ft): 0
Kingpin Inset (in): 0
Corner Radius (in): 0
Restrictions
Length (ft): 40
Width (in): 102
Height (ft): 13.5
Rush Pblt Truck Centers (S990)
8830 E Slausen Avenue
Pico Rivera, California 90660
City Of Watsonville
320 Harvest Dr
Watsonville, California 95076
United States of America
Ray Gamez
Cell Phone: 949-355-4382
Office Phone:
Email: [email protected]
Alfred Castaneda
Vehicle Summary
Approved by: Date:
Note: All sales are F.O.B. designated plant of manufacture.
Rush Truck Centers of California, Inc. dba
Rush Truck Center, Los Angeles Page 9 of 38
Sales
Code
Std/
Opt Description $ List Weight
Base Model
0005671 S Model 567
The Model 567 is available in both a set-forward and set-back front axle configuration to provide customers with maximum versatility for their application requirements. For weight-sensitive applications, the setforward front axle provides optimized weight distribution and compliance with bridge laws. The Model 567 has steer axle ratings up to 22,000 lbs. The 567 also offers single, tandem or tridem drive axles and a variety of lift axles for added versatility. Available with a 115" or 121" BBC and as a day cab or with a selection of detachable sleeper configurations, the 567 is as versatile as it is reliable. 191,379 14,800
0091070 O Construction Materials 0 0
0093060 O Construction Dump-On/Off Highway
Truck or tractor without liftable trailing axle which carries bulk materials (excavated earth, sand/gravel, asphalt, demolition debris, etc.) and unloads by dumping out the back, over the side of the body, or out the bottom of the trailer.
0 0
0095400 O End Dump w/ Pup Trailer 0 0
0098010 O California Registry
California RegistryRequired for all vehicles that will be registered in the State of California.
0 0
Configuration
0200700 S Not Applicable
Secondary Manufacturer
0 0
Frame & Equipment
0515020 O 10-5/8" Steel Rails 286-325"
10.625 x 3.45 x .313 Dimension, 1,776,000 RBM; Yield Strength:
120,000 psi. Section Modulus: 14.8 cubic inches. Weight: 1.44 lbs/inch pair
87 150
0601500 O Full Steel Inner Liner 1,752 661
0611250 O Heavy-Duty Iron Front Spring Brackets
With Front Air Leaf the front spring bracket is iron but not the shackle bracket
323 35
0611790 S Aluminum Frame Rail Crossmembers
Excludes suspension
0 0
0644020 O EOF Square with Steel Crossmember 233 43
0651090 O Omit Rear Mudflaps and Hangers -58 -25
Front Axle & Equipment
1011890 O PACCAR FX-20 Steer Axle 20,000 lbs. 4" Drop
Axle is designed for applications with a gross axle weight rating (GAWR) of 20,000 pounds. Front axle is designed for demanding 1,783 137
Rush Truck Centers of California, Inc. dba
Rush Truck Center, Los Angeles Page 10 of 38
Sales
Code
Std/
Opt Description $ List Weight
applications such as construction, heavy haul, refuse, and other vocational uses. Robust forged steel beam construction for long-lasting performance. It utilizes innovative tapered kingpin roller bearings for more efficient operation and improved steering efficiency.
The PACCAR Steer Axle comes standard with the PACCAR warranty of 5 years, 750,000 miles.
1114030 O Taper Leaf Springs, Shocks 20,000 lb
Standard with Heavy Resistance Shocks.
541 119
1243020 O Power Steering Sheppard SD110 Dual
Steering vocational and heavy haul vehicles with front axle ratings of 16,000 to 18,000 lbs. in single gear applications. Glidekote splines on steering shaft extend service life of components.
1,681 123
1250250 O Power Steering Reservoir Frame Mounted w/Cooler A power steering cooler helps reduce the heat of the power steering fluid. This is commonly used with systems that may experience more stress from towing or off-road driving.
210 2
1354840 O PHP10 Iron PreSet PLUS Hubs
PHP10 iron PreSet PLUS hubs have a fully integrated spindle nut design, an optimized wheel spacer, magnetic fill plug on drive and trailer hubs for inspection of metal particles in lubricant, with a long life oil seal and bearings are pre-adjusted. Use with Front Axle. -844 -113
1380070 O Greasable Front Spring Pins 78 0
1380280 O Bendix Air Cam Front Drum Brakes 16.5x7
For use with 16,000 lbs to 23,000 lbs steer axles or front drive axles.
Includes automatic slack adjusters & outboard mounted brake drums. 530 -20
1380380 S Tenneco Shocks For Steer Axle
Integrated front suspension to suit heavy duty truck market, combining the air spring and the damper into one module.
0 0
1380490 O PACCAR FX Wide Track IPO Standard
71in KPI IPO 69in front axle for improved turning radius. 0 15
1391060 50mm Front Spring Spacer Blocks 0 0
1391410 O Gusseted Cam Brackets, Steer Axle 27 0
1392970 O Heavy Duty Cam Bushings, Steer Axle 30 0
Rear Axle & Equipment
1523300 O Dana Spicer DSP41 40,000 lb
Interaxle diff lock air rocker occupies space of one gauge. Laser factory axle alignment to improve handling & reduce tire wear. Magnetic rear axle oil drain plug captures & holds any metal fragments in drive axle lube to extend service life. Parking brakes on all drive axles for optimal performance. Cognis EMGARD® FE 75W-90 synthetic axle lube provides over 1% fuel economy improvement. Reduces wear & extends maintenance intervals, resulting in increased uptime. Provides improved fluid flow to protect components in extreme cold conditions & withstand the stress from high temperatures, extending component life. 572 142
1616300 O PHP10 Iron PreSet PLUS Hubs -63 0
Rush Truck Centers of California, Inc. dba
Rush Truck Center, Los Angeles Page 11 of 38
Sales
Code
Std/
Opt Description $ List Weight
1680450 O Rear Brake Camshaft Reinforcement
Rear brake camshaft reinforcement helps guard against wear and corrosion.
125 9
1680490 O Gusseted Cam Brackets, Drive Axle(s) 70 2
1680500 O SBM Valve
Full trucks require a spring brake modulation (SBM) system for emergency braking application. This system requires an SBM valve and a relay valve with spring brakes on the rear axles. The SBM valve allows the foot valve to operate the rear axle spring brakes if a failure exists in the rear air system.
261 0
1680550 O Upsize Parking Brakes 231 0
1680565 O Bendix ESP Electronic Stability Program With ATC Truck, Crane, Platform Devices. The Bendix ESP system is designed to continuously monitor a variety of vehicle parameters and sensors to determine if the vehicle is reaching a critical stability threshold. If such a situation develops, the system will quickly and automatically intervene to assist the driver by selectively applying tractor and trailer brakes, and de-throttling the engine.
0 0
1682710 S Anti-Lock Braking System (ABS) 6S6M
ABS-6. Includes air braking system.
0 0
1683235 O Omit SmarTire TirePressure Monitoring
System Next Gen TPMS
-482 0
1684200 S Synthetic Axle Lubricant All Axles
Peterbilt heavy duty models include Fuel Efficient Cognis EMGARD FE75W-90 which provides customers performance advantages over current synthetic lubricants with reduced gear wear and extended maintenance intervals, resulting in increased uptime. In addition, the lubricant provides improved fluid flow to protect gears in extreme cold conditions and withstand the stress from high temperatures, extending component life.
0 0
1687010 S Bendix Air Cam Rear Drum Brakes 16.5x7
Bendix Air Cam Rear Drum Brakes to fit all heavy haul, contruction, refuse and highway truck and tractor applications. Includes Automatic Slack Adjusters & Outboard Mounted Brake Drums.
0 0
1687090 O Diff Lock Tandem Axles
With Speed Interlock. Automatically Disengages Wheel Diff Lock at Speeds Above 25 mph.
1,962 60
1688110 O Heavy Duty Cam Bushings, Drive Axle(s) 60 0
1704880 O Ratio 4.88 Rear Axle 0 0
1824400 O Hendrickson HMX EX 400 40,000 Lbs., 54"
Haulmaax, 60K Creep Rating. Includes Traax Rod as standard, option 1920905 is not needed or available. Progressive load spring system easily adjusts to the load for an enhanced combination of empty-ride quality and loaded stability.
2,002 198
1921375 O 16.5" Saddle Height HMX EX 400/460 322 0
Rush Truck Centers of California, Inc. dba
Rush Truck Center, Los Angeles Page 12 of 38
Sales
Code
Std/
Opt Description $ List Weight
IPO Std 18.5"
Engine & Equipment
2059781 O X15 430V@1900 GOV@2000 1650@950
Productivity Series (2021 Emissions)
N21350 C121 64....Maximum Accelerator Vehicle
N21370 C128 64....Maximum Cruise Control Speed
N21460 C132 1400..PTO Maximum Engine Speed
N21520 C133 5.....Idle Shutdown Timer
N21610 C188 39....Idle Shutdown Cold Ambient A
N21620 C189 60....Idle Shutdown Intermediate A
N21630 C190 80....Idle Shutdown Hot Ambient Ai
N21550 C206 35....Idle Shutdown Percent Engine
N21340 C209 120...Maximum Vehicle Speed
N21510 C225 YES...Idle Shutdown with Parking B
N21450 C231 NO....Gear Down Protection
N21570 C233 NO....Idle Shutdown Manual Overrid
N21440 C234 NO....Engine Protection Shutdown
N21480 C238 NO....Cruise Control and Engine Br
N21470 C239 NO....Cruise Control Auto-Resume
N21430 C333 0.....Driver Initiated OverrideMax
N21410 C334 0.....Driver Initiated Override Ma
N21590 C382 YES...Idle Shutdown Hot Ambient Au
N21500 C395 3.....Green House Gas Automatic En
N21530 C396 YES...Idle Shutdown Warning Period
N21540 C397 60....Idle Shutdown Warning Period
N21320 C399 120...Green House Gas Vehicle Spee
N21400 C400 252...Driver Initiated Override Re
N21420 C401 10....Green House Gas Vehicle Spee
N21330 C402 0.....Green House Gas Vehicle Spee
8,531 465
2091130 S VMUX Electronics Architecture 0 0
2091305 S Engine Idle Shutdown Timer Enabled 0 0
2091315 O Enable EIST Ambient Temp Overrule 0 0
2091640 Effective VSL Setting NA 0 0
2092012 O Typical Operating Speed 55 MPH 0 0
2092033 O Powertrain Optimized for Balance
Best analysis for vehicles where service includes frequent start and stop cycles.
0 0
2092079 O Decline Driver Performance Assistant 0 0
2140200 S CARB Engine Idling Compliance
PACCAR PX-7, PX-9 and MX, Cummins X15 and ISX diesel engines will include the required factory installed serialized sticker on the drivers door to identify them as meeting the NOx idling standard. 0 0
Rush Truck Centers of California, Inc. dba
Rush Truck Center, Los Angeles Page 13 of 38
Sales
Code
Std/
Opt Description $ List Weight
2140410 S Engine Brake Controls Located on RH Column 0 0 2140450 O Remote PTO/Throttle, 12-Pin
Eng Bay Remote Control Provision
130 0
2140660 O CARB Emission Warranty 0 0
2513060 S PACCAR 160 Amp Alternator, Brushed
PACCAR 160 AMP alternator, brushed producing 160 Amps at road speed and 100 Amps at idle.
0 0
2522110 O PACCAR 12V Starter, N/A PACCAR MX Engines
PACCAR 12-volt electrical system. With centralized power distribution incorporating plug-in style relays. Circuit protection for serviceability, 12- volt light system w/circuit protection circuits number & color coded. 321 0
2538040 S 3 PACCAR Premium 12V Dual Purpose Batt 2190 CCA Threaded stud type terminal. Stranded copper battery cables are double aught (00) or larger to reduce resistance.
0 0
2539410 O Battery Jumper Terminal Mounted Under Hood
LH Frame Rail. Not available with PX-7 engines.
129 4
2539420 O Batteries In LH Box U/Cab 0 0
2539720 S Low Voltage Disconnect System 0 0
2539740 O Kissling Battery Disconnect Switch, 300 amp
Mounted on battery box
466 3
2621000 O 2-Speed Fan Clutch For Frequent Start/Stops
A 2-speed fan clutch is ideal for vocational applications where the fan clutch engagement time exceeds 10% of the engine run time. When the fan clutch is disengaged, the fan still rotates at 15-25% of the engine RPM. This fan rotation provides crucial airflow to the engine and draws virtually no horsepower.
283 0
2723220 O Naturally Aspirated 18.7 CFM Air Compressor
X15 Only
0 0
2812170 O Intebrake (Furnished on Engine)
Features a dedicated cam lobe design for optimum power and threestage engine brake operation. 0 0
2921110 O PACCAR Fuel/Water Separator Standard Service
PACCAR Fuel/Water separator standard service intervals. High efficiency media protects critical engine components.
385 0
2921220 O Fuel Heat for Fuel Filter 54 0
2921310 O No Electric Heat Option for Fuel Filter 0 0
3010400 O Engine Protection Shutdown w/ Label
Includes oil pressure, oil temperature, coolant temperature, and intake manifold temperature.
6 0
3114270 S High Efficiency Cooling System
Cooling module is a combination of steel and aluminum components, with aluminum connections to maximize performance and cooling capability. Silicone radiator & heater hoses enhance value, durability, & reliability. Constant tension band clamps reduce leaks. Chevron Delo 0 0
Rush Truck Centers of California, Inc. dba
Rush Truck Center, Los Angeles Page 14 of 38
Sales
Code
Std/
Opt Description $ List Weight
Extended Life Coolant (NOAT) extends maintenance intervals reducing maintenance costs. Anti-freeze effective to -30 degrees F helps protect the engine. Low coolant level sensor warns of low coolant condition to prevent engine damage. Radiator Size by Model: 579/367 FEPTO 1325 sq in, 567/365/367: 1440 sq in, 365 FEPTO: 1184 sq in, 389/367 HH: 1669 sq in, 348: 1000 sq in, 520: 1242 sq in.
3291680 S (1) Air Cleaner Firewall Mounted
Molded rubber air intake connections with lined stainless steel clamps seal to prevent contaminants in air intake.
0 0
3365270 S Exhaust Single RH Side of Cab
DPF/SCR right-hand Under Cab.
0 0
3381770 O Curved Tip Standpipe(s) 51 1
3387610 O 18" Ht, 5" Dia Chrome, Clear Coat Standpipe(s) -9 -2 Transmission & Equipment
4052420 O Allison 4500 RDS-P Transmission, Gen 5
Rugged Duty Series. Includes Rear Transmission Support except on MX engines, Mobil Delvac Transmission Fluid, and Water-Oil Heat Exchange. Also includes features that monitor the transmission fluid, filter and clutch condition. Will display percent life remaining for the transmission fluid, filter and clutches on the shift selector. This information may be displayed using the Mode and Up and Down buttons. A wrench icon will also be included to indicate when the transmission fluid, filter or clutches need servicing. Suited for vehicles operating on/off highway and/or requiring PTO operation. Forward ratios: 1st-4.70, 2nd-2.21, 3rd-1.53, 4th-1.00, 5th-0.76, 6th-0.67.
Reverse ratios: DR-(5.55).
23,755 528
4210870 O RPL20 Driveline Interaxle
Requires RPL20 Driveline interaxle (option 4210870) for tandem rear axles. RPL20 series drivelines are built for heavy-duty commericial vehicles and are permanetely lubricated and sealed for life with triple lip seals to protect against contaminants. All Meritor drivelines will be primed before painted, improving paint adhesion for longer lasting quality in the field.
0 0
4211370 O RPL25 SD Driveline, 2 Midship Bearings
All Meritor drivelines will be primed before painted, improving paint adhesion for longer lasting quality in the field.
1,822 225
4233910 O (1) Dash Mounted Single Acting EOH PTO Control Electric-over-hydraulic, spec'ing PTO switch does not ensure the PTO will fit. Sends signal to Allison to engage PTO.
90 0
4252890 O Allison FuelSense 2.0 Not Desired 0 0
4252940 O Allison Neutral At Stop
Neutral at Stop features and benefits: Reduces or eliminates the load on the engine when vehicle is stopped, can help lower fuel consumption and C02 emissions, and is included in FuelSense 2.0 Plus and Max packages only.
0 0
Rush Truck Centers of California, Inc. dba
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Sales
Code
Std/
Opt Description $ List Weight
4256740 O Allison 6-Speed Configuration, Wide Ratio Gears Allison 4500 transmission only
0 0
4256920 O Dash Mounted Push Button Shifter
Available with Allison transmissions
227 0
Air & Trailer Equipment
4510210 O Bendix AD-HF EP Air Dryer, Heater
Coalescing filter, extended purge. Bendix AD-HF air filters protects the life of your engine system and components. Proven PuraGuard oil coalescing technonlgy in the the air dryer catridge. This oil coalescing filter ensures the removal of oil and oil aerosols before they can contaminate the moisture removing desiccant.
138 -2
4540420 S Nylon Chassis Hose 0 0
4543320 S Steel Painted Air Tanks
All air tanks are steel with painted finish except when Code 4543330 Polish Aluminum Air Tanks is also selected (then exposed air tanks outside the frame rails will be polished aluminum). Peterbilt will determine the optimal size and location of required air tanks. Narratives requesting a specific air tank size or location will not be accepted for factory installation. See ECAT to determine number or location of air tanks installed.
0 0
4610920 S Self-Returning Brake Hand Valve
Dash mounted controls
0 0
4611930 O Body Connections 5' BOC
Junction box contains light and power circuits for body connections located 5' from back-of-cab
191 6
4612780 O AE Connection EOF, 7-Way Socket, 4' Additional Lines coiled and strapped to frame, without gladhands
-131 15
Tires & Wheels
5058970 O FF: MN 20ply 315/80R22.5 XZUS2
Efficiency Rating: Fair
All-position, wide base single designed for significant weight and fuel savings in urban regional applications. Diameter = 42.9 inches; SLR =
19.8 inches. Compares to Goodyear G289 WHA and Bridestone M860 tread.
877 98
5156110 O RR: MN 14ply 11R22.5 X Multi D
Efficiency Rating: Poor
Diameter= 41.4 inches; SLR= 19.4 inches
2,032 112
5190008 S Code-rear Tire Qty 08 0 0
5210550 O FF: Accur Stl Armor 29039PK 22.5X9.00
PHP10-5 Hand Holes
335 74
5311990 S RR: Accu-Lite Steel Armor 51408PK 22.5X8.25
PHP10-2 hand holes
0 0
5390008 S Code-rear Rim Qty 08 0 0
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Sales
Code
Std/
Opt Description $ List Weight
Fuel Tanks
5536160 O 23" Aluminum 90 Gallon Fuel Tank LH BOC
Paddle handle filler cap with threadless filler neck. Top draw fuel plumbing reduces chance of introducing air into the fuel system during low fuel level conditions due to the central placement of fuel pickup tube. Wire braid fuel lines increase durability & reduce potential for leaks.
271 9
5604090 O Location LH BOC 90 Gallon 0 0
5652930 O DEF Tank Mounted LH BOC Raised
Use in addition to DEF tank option
926 0
5653130 O DEF To Fuel Ratio 1:1 0 0
5655059 O DEF Tank Rectangular, 8 Gal 430 21
5760010 O RH Tank None Furnished -576 -86
Battery Box & Bumper
6010030 S Aluminum Battery Box LH Under Cab, Non-Slip Step Includes diamond pattern block shaped cover in traditional/vocational models and a smooth finish tapered cover on aerodynamic models 0 0
6030150 O Rubber Battery Pad In Bottom of (1) Battery Box Mat in box that holds batteries only
12 4
6040550 S Aftertreatment Aluminum Non-Slip Cab Entry
Aftertreatment right-hand under cab step. DPF/SCR for diesel engines, catalyst for natural gas engines. On Models 579 specifying chassis fairings, the box is aerodynamic.
0 0
6121120 O Steel Bumper Swept Back Chromed, Without FEPTO Two tow points and step plates on top of bumper
168 40
6132450 O Heavy Duty External Tow Eye
IPO Standard
557 42
Cab & Equipment
6515700 O Vocational 121" BBC Alum Cab and Metton Hood SBFA Stainless crown and grille with tilt assist.
3,041 30
6540160 O Thermal Insulation Package in Cab
Includes thick, closed-cell foam in floor, special mylar-faced foam in walls and roof structure.
21 2
6540660 O SmartSound Cab Insulation Package
Cab acoustic insulation package for day cabs. Includes insulated inside firewall, top side floor damping, absorber treated kick panels, and insulated backwall and roof structure.
411 65
6700000 S No Sleeper Selected 0 0
6800510 O Fender Lips 2.25" Wide 437 6
6911100 S Peterbilt ST Driver 0 0
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Sales
Code
Std/
Opt Description $ List Weight
Peterbilt ST air seat, high height backrest, adjustable seat track length, 1 chamber lumbar support, suspension with fixed damping, fore-aft isolator with lockout, Vinyl bellows over suspension. Adds 40mm of increased space for steering wheel to chest and improved driver ingress/egress into cab and sleeper (knee sweep) with improved passenger side ingress/egress for personal carog/luggage. Standand vinyl finish - color coordinate with interior color.
6921140 O Peterbilt ST Passenger seat
Peterbilt ST air seat, high height backrest, adjustable seat track length, 1 chamber lumbar support, suspension with fixed damping, fore-aft isolator with lockout, Vinyl bellows over suspension. Adds 40mm of increased space for steering wheel to chest and improved driver ingress/egress into cab and sleeper (knee sweep) with improved passenger side ingress/egress for personal carog/luggage. Standand vinyl finish - color coordinate with interior color.
345 40
6930500 O Drivers Armrest - RH Only 125 2
6930590 O Passenger Armrest - LH only
Required with Evolution LX seats, optional with Evolution ST Seats. 125 2
6930800 O Black Seat Color IPO Standard Color 0 0
6931120 O Seat Belt Color Orange IPO Standard Black 10 0 6939390 O Seat Belt Alarm System Driver and Passenger Seats Seat belt alarm system driver and passenger seats. Radio mute when seat belt warning active and compatible radio. Driver/Passenger feature to alert occupants if the seat belt is not buckled. Light will appear in the dash when vehicle has key power turned on as well as a seat belt "chime" will alert the occupants as the vehicle travels at an increased speed.
194 0
6939400 S Air Ride Driver 0 0
6939420 S High Back Driver 0 0
6939460 O Fabric Driver 39 0
6939500 O Air Ride Passenger 0 0
6939520 S High Back Passenger 0 0
6939560 O Fabric Passenger 39 0
7000025 S Steering Wheel With Multi-Function
Includes Peterbilt logo on horn button , audio volume, seek, mute and mode button on LH pod with cruise control on/off/cancel, set/resume and accelerate/coast on the right pod.
0 0
7000045 O High-Visibility Interior Grabhandles, Painted Bright yellow interior grabhandle for vocational vehicles. 48 0
7001520 S Adjustable Steering Column - Tilt/Telescope 0 0 Rush Truck Centers of California, Inc. dba
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Sales
Code
Std/
Opt Description $ List Weight
7001580 O Vanity Mirror on Inside Sunvisors
For use with ProBilt 1.9, Prestige (1.9 & 2.1) or Premier (2.1) interiors. 21 0
7037130 S Prestige Interior - Sterling Gray 0 0
7040310 O Black Floor Carpet IPO Interior Color 0 0
7110680 O Exterior Cab Entry Grabhandle
Textured; NFPA compliant. Available on Day Cab specifications only. 171 6
7210420 O Dark Window Tint IPO Standard Tint - Day Cab 22 0 7210510 O 3-Piece Glass Rear Cab Window, All Pieces Fixed 227 12 7210540 S Day Cab Rear Window
Day cab rear window flush to back of cab.
0 0
7230060 S 1-Piece Curved Windshield 0 0
7230360 S Power Door Locks and Power Window Lifts
Standard
0 0
7322010 S Combo Fresh Air Heater/Air Conditioner
With radiator mounted condenser, dedicated side window defrosters, Bi-Level Heater/Defroster Controls, 54,500 BTU/HR, and silicone heater hoses.
0 0
7322130 O Cup Holder (Floor Mounted)
Includes two standard-size drink holders and one extra-large jugholder, coin tray, and clipboard-size storage area.
69 4
7410040 O Outside Sunvisor - Stainless Steel
Not available with 2.1M high roof sleeper.
885 8
7510060 O Aero Rear View Mirror Housing, Bright Finish 319 3 7514000 S Peterbilt Aero Rear View Mirror, Non-Motorized Includes top mirror with non-motorized, adjustable dual axis heated glass. Bottom mirror is an integrated convex surface. Includes black textured arms with breakaway feature.
0 0
7514050 S Look Down Mirror Over Passenger Door
with Black Housing
0 0
7610500 S Air Horn Mounted Under Cab 0 0
7722120 O ConcertClass, AM/FM, Weatherband, 3.5 Aux 373 10 7725710 O Standard Speaker Package For Cab
(2) Speakers
59 4
7728030 O Radio Mute When In Reverse
For automatic or automated transmission
0 0
7728040 O Bluetooth Phone and Audio Requires USB Port 56 0 7728050 O USB Port 56 0
7788055 S SmartLINQ Remote Diagnostics 0 0
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Sales
Code
Std/
Opt Description $ List Weight
SmartLINQ is Peterbilts proprietary remote diagnostics service which monitors the engine and aftertreatment for diagnostic codes providing real-time code analysis maximizing vehicle uptime and strengthening the fleets partnership with their dealer. SmartLINQ provides fault coverage for over 800 codes, a customizable email notification for 116 codes plus a web portal to manage your entire fleet included at no additional charge. SmartLINQ is compatible with any telematics system and doesnt require a specific fleet management system. For those whose customers utilize PeopleNet, the pre-wire with remote diagnostics will provide a more integrated solution utilizing the existing SmartLINQ modem. For those whose customers utilize other fleet services products, the existing pre-wire option for the other fleet service devices will continue to be available. Standard on Class 8 engines and available on Models 348, 337, 330 and 325 with a PX-9, PX-7 or Cummins Westport natural gas engine.
7788058 O 24 Months SmartLINQ Subscription
Cummins Engines.
0 0
7851040 O Removable Bugscreen Behind Grille 183 2
7851480 S Peterbilt Electric Windshield Wipers
With Intermittent Feature.
0 0
7852020 O Cab Air Suspension 240 15
7852050 O Auto Reset Circuit Protection
Daycab and Sleeper
19 0
7900090 O Triangle Reflector Kit, Ship Loose
Florescent triangle emergency road flares are designed to meet and exceed all DOT standards.
26 13
7900310 O Fire Extinguisher, Mounted Outboard Driver Seat Hazmat approval UL listed/rated ABC
67 8
7900415 O Exterior Audible Alarm, Park Brake Not Set
With door open
87 0
7901140 O Backup Alarm (87-112 DB)
Variable adjusting
147 6
8011830 S Engine Oil Temperature
Located in Digital Cluster Display.
0 0
8011850 O Transmission Oil Temperature (Main)
Located in Digital Cluster Display.
26 0
8021810 S Brake Application Air Pressure (Tractor)
Located in Digital Cluster Display.
0 0
8070080 O (2) Additional Dash Switches With Wiring
Located on dash panel C. Availability subject to dash space. Includes 4" 14 gauge wire with butt splice at rear of each additional switch. 87 0
8070810 S Engine Manifold Pressure (Turbo Boost)
Located in Digital Cluster Display
0 0
8070820 S Engine Percent Torque
Located in Digital Cluster Display
0 0
8070830 O Main Instrumentation Panel 0 0
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Sales
Code
Std/
Opt Description $ List Weight
Digital Cluster 15" Display includes: Speedometer, Tachometer, Primary Air Pressure, Secondary Air Pressure, Fuel Level, DEF Level, DPF Filter Status, Fuel Economy, Oil Pressure, Coolant Temp, and Voltmeter.
8076060 O Trailer Brake Application Gauge
52mm Round, backlit. Physical gauges must be ordered in pairs and are limited to a total of 6.
173 2
8110070 S Headlights Projector Module Pod
Fender mounted turn signals, projector module low beam, complex reflector high beam, pod mounted
0 0
8120990 S (5) Marker Lights, Aero LED
On roof, visor, or fairing
0 0
8133470 O Switch & Wiring for F/O Beacon/Strobe
Switch and wiring for furnished by owner beacon / strobe, 10' coiled wire back-of-cab / back-of-sleeper, at rear sill.
48 2
8133960 S Daytime Running Lights
The brake interlock turns the daytime running lights off when the parking brakes are engaged. This is required on all Canadian vehicles. 0 0
8140120 O Incandescent Square Stop/Turn/Tail/Backup
Left-hand / right-hand square end of frame or dropped a-brace 52 9
8141150 O Additional LED Turn Signals
Mounted lower rear corners back of cab / back of sleeper 209 7
8151190 O (2) Load Lights, LED, Flush Mounted Low Inboard Back of cab / back of sleeper
177 4
8153050 O (1) F/O Load Light, Switch, (2) 10' Wire Coils (1) furnished by owner load light, switch, (2) 10" wire coils, under cab/sleeper.
96 3
Paint
8500710 S Standard Paint Color Selection -200 0
8530770 S (1) Color Axalta Two Stage - Cab/Hood
Base Coat/Clear Coat
N85020 A - L0006EY WHITE
N85500 CAB ROOF L0006EY WHITE
N85300 FENDER L0006EY WHITE
N85200 FRAME L0001EA BLACK
N85400 HOOD TOP L0006EY WHITE
0 0
Shipping Destination
8999990 O Shipping Destination Other Than Dealer
(Specify by narrative)
0 0
Options Not Subject To Discount
9400090 S Peterbilt Class 8 Standard Coverage
1 year/100,000 Miles (160,000 km)
0 0
9407103 O Prepaid Freight Increase For 2022 Delivery 500 0 Rush Truck Centers of California, Inc. dba
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Sales
Code
Std/
Opt Description $ List Weight
9408706 O Base Warr: Emissions (CARB Surcharge)
5Yr/350K MI - X15 EFF/PRO Engine
2,080 0
9408930 O PDI At CVS Location 70 0
9408982 O Vehicle Layout
Option is not subject to discount. Fleets will be split prior to build so that the charge is applied to only one unit. Quotes will not reflect this. 1,350 0
Miscellaneous
9409001 S Day Cab / Prestige Interior (DM) 0 0
9409055 O State Registry: California 0 0
9409843 O Peterbilt Sourcewell Program Code 0 0
9482098 O Cummins Protection Plan 1 (5/100)
2021 X15 Efficiency/Productivity Series
960 0
Promotions
Order Comments
Rush Truck Centers of California, Inc. dba
Rush Truck Center, Los Angeles Page 22 of 38
Total List Price (W/O Freight & Warranty & Surcharges ) $252,813 Marketing and Service Support Fee $995
Prepaid Freight $2,825
Total Surcharge/Options Not Subject To Discount $4,960
Total Weight 18,159
Prices and Specifications Subject to Change Without Notice.
Unpublished options may require review/approval.
Dimensional and performance data for unpublished options may vary from that displayed in CRM.
PRICING DISCLAIMER
While we make every effort to maintain the web site to preserve pricing accuracy, prices are subject to change without notice. Although the information in this price list is presented in good faith and believed to be correct at the time of printing, we make no representations or warranties as to the completeness or accuracy of this information. We reserve the right to change, delete or otherwise modify the pricing information which is represented herein without any prior notice. We carefully check pricing specifications, but occasionally errors can occur, therefore we reserve the right to change such prices without notice. We disclaim all liability for any errors or omissions in the materials. In no event will we be responsible for any damages of any nature whatsoever from the reliance upon information from these materials. Please check your order prebills to confirm your pricing information
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Shipping Destinations
Intermediate Destination: PDI At CVS
Final Destinations Quantity
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HORIZONTAL DIMENSIONS
Dimension Measurement Start End
Axle Spacing 54 195 249
Bumper to Back of Cab 121.33 ‐47.23 74.1
Bumper to Front Axle 47.23 ‐47.23 0
Bumper to Front Frame 11.6 ‐47.23 ‐35.63
Cab to End of Frame 207.9 74.1 282
Cab to End of Frame/Loadspace CAB TO END OF FRAME EQUALS LOADSPACE ON THIS CONFIGURATION.
Cab to Rear Axle 147.9 74.1 222
Effective Bumper to Back Of Cab 121.33 ‐47.23 74.1
Frame Length 317.63 ‐35.63 282
Front Axle to Back of Cab 74.1 0 74.1
Front of Frame to Axle 35.63 ‐35.63 0
Load Space 207.9 74.1 282
Overall Length 329.23 ‐47.23 282
Overhang 60 222 282
Pusher Offset #1 0 195 222
Pusher Offset #2 0 195 222
Pusher Offset #3 0 195 222
Tag Offset 0 222 249
Wheelbase 222 0 222
Rush Truck Centers of California, Inc. dba
Rush Truck Center, Los Angeles Page 25 of 38
PB Loader Corporation
5778 W. Barstow • Fresno, California 93722-5024 • Telephone (559) 277-7370 • Fax (559) 277-7375 Toll free 800-350-8521 • Web www.pbloader.com
QUOTATION
CITY OF WATSONVILLE DATE: 2/7/2022
250 MAIN STREET TERMS: NET 30
WATSONVILLE, CA 95076-5080 F.O.B: FRESNO
SOURCEWELL MEMBER ID# 18533 MFG PRODUCT: SEE BELOW
INSTALL: SEE BELOW
QTY PART NO. DESCRIPTION PRICE EXTENSION
PB LOADER CONTRACT NO. 080521-PBL
SOURCEWELL CONTRACT - DISCOUNTED PRICES
DUMP BODY & ACCESSORIES
1 PBLDB-08 $35,990.00
1 2014-00 2" X 8" SIDE BOARDS WOOD W/ LINSEED OIL $832.00 1 393-00 PULL LADDER EZ-STEP - MOUNTED FRONT CURBSIDE WITH GRAB HANDLES ABOVE $2,865.00 1 50501-00 $2,865.00
1 8200-00 HITCH PLATE W/ D-RINGS W/ 7-WIRE FLAT (RV STYLE) SOCKET $1,385.00 1 9435-00 ELECTRIC BRAKE CONTROLLER #9035 VOYAGER XP $696.00 1 7050-01 15 TON PREMIER PINTLE MODEL 160 $432.00
1 7000-36 TOOL BOX 36" - MOUNTED FRONT CURBSIDE UNDER BODY $1,062.00
LIGHTS & SAFETY EQUIPMENT
1 MODS-38 ECCO K7000B BACKUP CAMERA SYSTEM (MONITOR + 1 CAM) $965.00 2 695-240 WHELEN LED MICRONS MCRNSA - MOUNTED IN CHASSIS GRILLE $608.00 $1,216.00 2 695-058 WHELEN 500 SERIES STROBE (LED) - MNT ON BODY REAR CORNER POSTS $477.00 $954.00
MARKET PRICE BODY UPGRADES
1 $3,443.00
TOTAL: $52,705.00
FREIGHT: $1,400.00
TOTAL WITH FREIGHT: $54,105.00
NOTES:
Delivery times are approximate.
PB LOADER DUMP BODY, 14 FT TUB STYLE DUMP BODY 10-12 YARD, HPT53-120 CLASS 80 NTEA SINGLE ACTING HOIST,10 GAUGE STEEL BALANCE, 36" SIDES, 52" FRONT AND 44" REAR, 8" SPREADER APRON, 1/2 CABSHIELD, LED LIGHTS, WIRING HARNESS &
BACKUP ALARM, PUMP, CONTROLS, TANK, VALVE, MUD FLAPS, STEEL MUDGUARDS,
HOT SHIFT PTO, AIR TAILGATE, PAINT BLACK, INSTALLATION
NO. 11276
1. LEAD TIME FOR BODY PRODUCTION IS 90 DAYS, WITH AN ADDITIONAL 90-120 DAYS TO INSTALL AFTER RECIEPT OF CHASSIS AND BODY. LEAD TIME SUBJECT TO CHANGE AT TIME OF ORDER.
2. BODY UPFIT REQUIRES A 120" BACK OF CAB TO CENTERLINE OF TANDEM REAR AXLE MEASUREMENT. THIS REQUIREMENT MUST BE MUTUALLY AGREED UPON WITH PB LOADER PRIOR TO ORDERING THE CHASSIS. PB LOADER WILL NOT BE RESPONSIBLE FOR FRAME CHANGES DUE TO INSUFFICIENT CHASSIS FRAME SPACE.
3. CHASSIS REQUIRES PTO AND AUXILIARY SWITCHES IN DASH.
4. DELIVERY DATE FOR CHASSIS TO PB LOADER MUST BE MUTUALLY AGREED UPON UPGRADES TO ABOVE BODY INCLUDING:
- 3/16" A575 GR. 50 HIGH TENSILE STEEL FRONT AND SIDE MATERIAL - 1/4" AR400 STEEL TAILGATE AND FLOOR MATERIAL
- 63-120TM TRUNNION MOUNT (INVERTED) DOUBLE ACTING NTEA CLASS 110 HOIST (ILO
OF ABOVE) IN DOGHOUSE
- AIR HIGH-LIFT TAILGATE W/ IN-CAB SWITCH AND TAILGATE OPEN LIGHT - PULL-DOWN STYLE DITCH GATE, CENTER MOUNTE IN TAILGATE W/ HANDLE
REMOVABLE HANDLE EXTENSION BAR MOUNTED ON PASSENGER SIDE REAR - RED & WHITE CONSPICUITY TAPE ALONG BACK AND SIDE RUB RAILS OF BODY - PAINT BODY WHITE ILO BLACK
PULL TARP' - MANUAL W/ SPRING RETURN & HD MESH MATERIAL AND 8 ROPE HOOKS
EACH SIDE OF BODY
Rush Truck Centers of California, Inc. dba
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RUGGED CLASS
567
MODEL
Rush Truck Centers of California, Inc. dba Rush Truck Center,
Los Angeles Page 27 of 38
The Model 567 is a workhorse ready to take on the toughest challenges. New product enhancements have made the Model 567 even better. The new standard 15-inch digital display provides a state-of-the-art driver interface that intuitively delivers information and integrates seamlessly with PTO controls and advanced driver assistance systems. Optional torque-assisted steering eases maneuverability around tight job sites. An enhanced electrical system simplifies integration and customized programming for a wide variety of vocational bodies and equipment.
The Model 567’s wide aluminum cab provides a more
ergonomic and comfortable workspace for drivers.
Stair-style steps and knurled grab handles allow for
easy ingress and egress. Enhanced visibility is achieved through the large one-piece windshield and sloped hood.
Redesigned side mirrors with large, heated mirror surfaces improve both visibility and reliability. Peterbilt’s signature, pod-mounted headlamps are durable, corrosion-resistant
and simple to replace.
RUGGED, RELIABLE & REWARDING
For more information on the Model 567, contact your local Peterbilt dealer or visit peterbilt.com.
PETE-9903 2/2021
OPTIMIZED DRIVER
ENVIRONMENT
Combining durability with comfort and functionality,
the redesigned dash provides a more ergonomic and
comfortable workspace for drivers. The new 15-inch
digital display, new switches and updated steering
wheel and controls allow for easy operation and
maximized safety.
POWER TO GET THE
JOB DONE
The Model 567 is available with a choice of
the PACCAR MX-13 and MX-11 engines for
industry-leading performance, reliability
and uptime.
DURABLE EXTERIOR
The durable aluminum cab is built for long-lasting
performance and the Metton®
hood is lightweight, strong
and impact resistant. The hood opens a full 90 degrees
for easier access and serviceability.
567
MODEL
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Allison Transmission Rugged Duty Series
RUGGED DUTY SERIES
Ask for the Allison
Ask your truck dealer for a complete listing of vehicle models featuring Allison Rugged Duty Series transmissions, or
contact your Authorized Allison Distributor. For the dealer close to you, visit www.allisontransmission.com.
Information or specifications subject to
change without notice or obligation.
SA3743EN (2003/10) Litho in U.S.A.
ISO/QS 9000 and ISO 14001 Certified
Master Art No. 15457 — For Reorders Call: NAO/General Motors Corporate Communications Support Group (CSG) (313) 665-5628 P.O. Box 894, Speed Code PF3
Indianapolis, Indiana 46206-0894
1-800-252-5283
Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles
1000 RDS, 2100 RDS,
2200 RDS, 2500 RDS
3000 RDS, 3500 RDS 4000 RDS, 4500 RDS,
4700 RDS
Rugged. Duty.
Allison RDS transmissions provide an extended torque range, higher GVW capacity and advanced electronic controls to get more out of the latest engines, while putting more control to the wheels. They’re engineered to take whatever you have to throw at them. And proven reliable in the field.
Each model is designed to meet the demands of your business and provide exceptional value. Rest assured, Allison has designed a transmission specifically for the way you work.
MD 3060 800 lb-ft
Uprated to 1100 lb-ft
MD 3060 285 hp
The 4000 RDS horsepower and torque ratings also increased.
Increased horsepower and torque ratings
Uprated to 370 hp
THE 3000 RDS
Any vehicle that operates on/off highway
and/or requires a PTO requires an Allison RDS.
Dump
Concrete Mixer
Landscaping
Snow Plow
Utility
Tow
Refuse Front/
Side/Rear Loader
Refuse
Roll On/Roll Off
Agriculture
Recycling
Liquid Delivery
G V W l b s ( k g )
19,500–80,000 (8,845–36,288)
E N G I N E h p ( k W ) T O R Q U E l b - f t ( N•m )
300–540 (224–403) 550–1590 (746–2156)
Think of the roughest job site. The most
grueling route. The toughest terrain. Now
think about how your trucks and your drivers
are going to handle the challenge. If you’ve
got the Allison Rugged Duty Series (RDS)
automatic transmissions in your trucks,
it’s no sweat.
Introducing
RUGGED DUTY SERIES
RUGGED DUTY SERIES
Weight. Management.
The newly designated 1000, 2100, 2200 and 2500 RDS transmissions offer a variety of features ideally suited for on-/off-highway vocational usage.
The 1000, 2100 and 2200 RDS models feature high-density start and stop calibrations* providing improved shift operation, especially in congested traffic environments. The 2500 RDS is rated up to the maximum Class 7 weight range of 33,000 lbs. GVW.
*Calibrations are required for the 1000, 2100 and 2200 RDS.
Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles
A comprehensive warranty.
The Allison RDS warranty covers 100%
parts and labor with unlimited mileage.
The 1000, 2100, 2200 and 2500 RDS
have three-year standard coverage. The
3000, 3500, 4000, 4500 and 4700 RDS
have two-year standard coverage. Extended
Transmission Coverage (ETC) is available
on all models at an additional cost.
An increase in productivity.
Convert a fleet to the Allison RDS, and watch driver productivity soar.
Drivers with Allison Automatic-equipped vehicles are able to make more deliveries per day (compared to AMT- or manual-equipped vehicles) because the Allison Automatic shortens route times.
In a recent USAC-sanctioned study* an Allison-equipped truck completed a typical delivery route 9% faster than a comparably equipped AMT truck. If a vehicle averages 10 stops a day, that is one extra stop per day and nearly four extra productive hours a week, per truck.
Ask for the Allison RDS
You can get in and out of the job
site faster, safer and more efficiently
with the RDS Allison Automatics.
For more information, contact your
Allison Transmission representative
or visit www.allisontransmission.com.
The Allison RDS has brains in addition to its brawn. Optional electronic control packages provide precisely the performance features you need to get the job done.
Smart. Real smart.
When the vehicle comes to a stop,
the transmission’s electronic
controls automatically command to
Neutral. The driver must re-select a
moving range to shift out of Neutral.
AUTOMATIC
NEUTRAL
You choose the range and an
auxiliary vehicle system to activate
at a chosen range. The Range
Indicator provides a useable electric
signal when the transmission shifts
to the chosen range.
RANGE
INDICATOR
Integrates PTO operation with
the transmission system so you
can command how and when the
PTO engages. The ECU monitors
operating conditions to minimize
potential damage and hazards.
PTO
ENABLE
When you activate Fourth Lockup
to Pump and select Drive, the
transmission operates in direct drive
fourth gear with the converter in
lockup. When deactivated, normal
automatic shifting can resume.
FOURTH LOCKUP
TO PUMP
When the PTO switch is open, the
transmission will not shift into
range. It’s like an extra set of eyes –
making sure there are no unwanted
shifts out of Neutral when auxiliary
equipment is in operation.
AUXILIARY
FUNCTION RANGE INHIBIT
Depending upon the weight class or vocation, owners
of Allison Automatics could expect to receive 10%
of the total trade-in vehicle value for the transmission.
Allison Automatics retain their value over the life of the vehicle, while manuals hold little to no value at trade in.
RUGGED DUTY SERIES * USAC certified testing conducted on a city and highway course with two identical trucks, with the exception that one was equipped with an Allison Automatic and the other was equipped with an automated manual transmission. Your results may vary, depending upon driver and vehicles.
Additional
Productivity
Per Day
Average
Revenue
Per Stop
Additional
Revenue
Per Week
Additional
Revenue
Vocation Per Year
Construction Dump One Stop $55 $275 $13,200
Construction Mixer One Stop $250 $1,250 $60,000
YIELDS
Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles
RATINGS
MODEL RATIO PARK INPUT POWER1 INPUT TORQUE1 INPUT TORQUE TURBINE TORQUE 3 GVW GCW PAWL W/SEM1,2
hp (kW) lb-ft (N•m) lb-ft (N•m) lb-ft (N•m) lbs (kg) lbs (kg) 1000 RDS Close Ratio Yes 340 (254) 550 (746) 565 (766) 850 (1152) 19,500 (8,845) 26,000 (11,800) 2100 RDS Close Ratio No 340 (254) 550 (746) 565 (766) 850 (1152) 26,000 (11,800) 26,000 (11,800) 2200 RDS Close Ratio Yes 340 (254) 550 (746) 565 (766) 850 (1152) 26,000 (11,800) 26,000 (11,800) 2500 RDS
– On/Off Highway Wide Ratio No 300 (224) 550 (746) 565 (766) 850 (1152) 33,000 (15,000) 33,000 (15,000) – Refuse Wide Ratio No 300 (224) 550 (746) 565 (766) 850 (1152) 24,200 (11,000) — 3000 RDS
– On/Off Highway Close Ratio — 370 (276) 1100 (1491) — 1600 (2169) 80,000 (36,288) 80,000 (36,288) – Refuse, Mixer Close Ratio — 350 (261) 960 (1300) — 1575 (2135) 62,000 (28,123) — – Specialty PTO, HET Close Ratio — 370 (276) 1200 (1627) — 1700 (2305) — — 3500 RDS
– On/Off Highway Wide Ratio — 300 (224) 800 (1085) — 1420 (1925) 80,000 (36,288) 80,000 (36,288) – Refuse, Mixer Wide Ratio — 300 (224) 800 (1085) — 1420 (1925) 60,000 (27,216) — – Specialty PTO, HET Wide Ratio — 315 (235) 950 (1288) — 1450 (1966) — — 4000 RDS
– On/Off Highway Close Ratio — 500 (373) 1550 (2102) — 2450 (3322) — — – Specialty PTO, HET Close Ratio — 540 (403) 1590 (2156) — 2600 (3525) — — 4500 RDS
– On/Off Highway Wide Ratio — 500 (373) 1550 (2102) — 2450 (3322) — — – Specialty PTO, HET Wide Ratio — 505 (377) 1550 (2102) — 2600 (3525) — — 4700 RDS
– On/Off Highway Wide Ratio — 500 (373) 1550 (2102) — 2450 (3322) — — – HET Wide Ratio — 540 (403) 1590 (2156) — 2600 (3525) — — 1 Gross ratings as defined by ISO 1585 or SAE J1995. 2 SEM = engine controls with Shift Energy Management. 3 Turbine torque limit based on iSCAAN standard deductions.
Ratings and Specifications
STANDARD POWER TAKEOFF PROVISION – CONTINUOUS OPERATION
BASE MODEL MOUNTING PAD POSITIONS DRIVE GEAR RATING DRIVE GEAR RATING DRIVE
VIEWED FROM REAR WITH ONE PTO WITH TWO PTOS
lb-ft (N•m) lb-ft (N•m)
1000 3 and 9 o’clock 250 (339) 200 (271) Turbine
2000 3 and 9 o’clock 250 (339) 200 (271) Turbine
30001 4 and 8 o’clock 485 (660) 685 (930) Engine
40001 1 and 8 o’clock 685 (930) 1175 (1595) Engine
1 PTO-delete option available.
OPTIONAL RETARDER PROVISION
– INTEGRAL, HYDRAULIC TYPE
BASE MODEL TORQUE POWER
CAPACITY CAPACITY
lb-ft (N•m) hp (kW)
3000
– High 1600 (2170) 600 (447)
– Medium 1300 (1760) 500 (373)
– Low 1100 (1490) 400 (298)
40001
– High 2000 (2710) 600 (447)
– Medium 1600 (2170) 600 (447)
– Low 1300 (1760) 500 (373)
1 Only medium-capacity available on 4700 RDS.
PHYSICAL DESCRIPTION
BASE MODEL LENGTH1 DEPTH2 W/DEEP DEPTH2 W/SHALLOW DRY WEIGHT
OIL PAN/SUMP OIL PAN/SUMP
in (mm) in (mm) in (mm) lbs (kg)
1000
– SAE No. 3 mounting 28.01 (711.4) 11.22 (284.9) 10.71 (272.0) 330 (150) – SAE No. 2 mounting 28.29 (721.1) 11.22 (284.9) 10.71 (272.0) 330 (150) 2000
– SAE No. 3 mounting 28.01 (711.4) 11.22 (284.9) 10.71 (272.0) 330 (150) – SAE No. 2 mounting 28.29 (721.1) 11.22 (284.9) 10.71 (272.0) 330 (150) 3000
– Basic model 28.16 (715.3) 12.90 (327.7) 11.13 (282.7) 535 (243) – With PTO only 32.36 (822.0) 12.90 (327.7) 11.13 (282.7) 575 (261) – With retarder only 28.16 (715.3) 12.90 (327.7) 11.13 (282.7) 615 (279) – With PTO & retarder 32.36 (822.0) 12.90 (327.7) 11.13 (282.7) 655 (298) 4000/4500
– Basic model 30.75 (781.1) 14.75 (374.7) 13.17 (334.6) 831 (377) – With PTO only 33.62 (854.0) 14.75 (374.7) 13.17 (334.6) 893 (405) – With retarder only 30.75 (781.1) 14.75 (374.7) 13.17 (334.6) 906 (411) – With PTO & retarder 33.62 (854.0) 14.75 (374.7) 13.17 (334.6) 968 (439) 4700
– Basic model 38.04 (966.3) 14.89 (378.2) — 1087 (493)
– With PTO only 40.91 (1039.2) 14.89 (378.2) — 1149 (521) – With retarder only 38.04 (966.3) 14.89 (378.2) — 1162 (527) – With PTO & retarder 40.91 (1039.2) 14.89 (378.2) — 1224 (555) 1 Length measured from flywheel housing to end of output shaft. 2 Depth measured below transmission centerline.
OIL SYSTEM
BASE MODEL CAPACITY1 MAIN CIRCUIT FILTER LUBE CIRCUIT FILTER ELECTRONIC OIL LEVEL
SENSOR (OLS)
quarts (liters)
1000 Spin-On Canister — —
– Deep Oil Pan 19 (18)
2000 Spin-On Canister — —
– Deep Oil Pan 19 (18)
3000 Integral Integral Standard
– Deep Oil Sump 29 (27)
4000 Integral Integral Standard2
– Deep Oil Sump and PTO 51 (48)
– Deep Oil Sump 48 (45)
Recommended oil types for all models are TranSynd™ or Dexron®-III. 1 Transmission only. Does not include cooler, hoses or fittings. 2 4700 RDS retarder model must use 4-inch sump without OLS.
GEAR RATIOS – TORQUE CONVERTER MULTIPLICATION NOT INCLUDED
MODEL FIRST SECOND THIRD FOURTH FIFTH SIXTH SEVENTH REVERSE 1000 RDS 3.10:1 1.81:1 1.41:1 1.00:1 0.71:1 — — - 4.49:1 2100 RDS 3.10:1 1.81:1 1.41:1 1.00:1 0.71:1 — — - 4.49:1 2200 RDS 3.10:1 1.81:1 1.41:1 1.00:1 0.71:1 — — - 4.49:1 2500 RDS 3.51:1 1.90:1 1.44:1 1.00:1 0.74:1 — — - 5.09:1 3000 RDS 3.49:1 1.86:1 1.41:1 1.00:1 0.75:1 0.65:1 — - 5.03:1 3500 RDS 4.59:1 2.25:1 1.54:1 1.00:1 0.75:1 0.65:1 — - 5.00:1 4000 RDS 3.51:1 1.91:1 1.43:1 1.00:1 0.74:1 0.64:1 — - 4.80:1 4500 RDS 4.70:1 2.21:1 1.53:1 1.00:1 0.76:1 0.67:1 — - 5.55:1 4700 RDS 7.63:1 3.51:1 1.91:1 1.43:1 1.00:1 0.74:1 0.64:1 - 4.80:1
ENGINE SPEEDS
BASE MODEL FULL LOAD GOVERNED SPEED IDLE SPEED IN DRIVE OUTPUT SHAFT SPEED Min-Max (rpm) Min-Max (rpm) rpm
1000 2200-46001 500-900 5000
2100/2200 2200-46001 500-900 4500
2500 2200-45001 500-800 36002
3000 2000-2800 500-800 36002
4000 1700-2300 500-800 —
1 Engines with full load governed speed greater than 3200 rpm require Application Engineering review. 2 Retarder-equipped models only.
TORQUE CONVERTER SPECIFICATIONS
BASE MODEL TORQUE NOMINAL
CONVERTER STALL TORQUE
1000
TC-210 2.05
TC-211 2.00
TC-221 1.73
TC-222 1.58
2000
TC-210 2.05
TC-211 2.00
TC-221 1.73
TC-222 1.58
3000
TC-411 2.71
TC-413 2.44
TC-415 2.35
TC-417 2.20
TC-418 1.98
TC-419 2.02
TC-421 1.77
4000
TC-521 2.42
TC-531 2.34
TC-541 1.90
TC-551 1.79
TC-561 1.58
Allison Transmission Rugged Duty Series
Rush Truck Centers of California, Inc. dba Rush Truck Center, Los Angeles
Agenda Report
MEETING DATE: Tuesday, March 29, 2022
TO: City Council
FROM: COMMUNITY DEVELOPMENT DIRECTOR MERRIAM
SUBJECT: ADOPTION OF A RESOLUTION IDENTIFYING INTERIM
GUIDANCE RULES AND REGULATIONS TO IMPLEMENT SB
9; AND DIRECTING THE PREPARATION OF AN SB 9
IMPLEMENTING ORDINANCE
STATEMENT OF ISSUES:
Senate Bill 9 (SB 9) – the California Home Act, requires proposed housing developments containing no more than two residential units on a single parcel within a single-family residential zone to be considered as a ministerial action, and requires a local agency to ministerially approve a parcel map for an urban lot split to create two parcels from one single-family residential parcel that meets certain requirements. SB 9 became effective on January 1, 2022.
RECOMMENDED ACTION:
Staff recommends that the City Council adopt a resolution adopting interim guidance rules and regulations to implement SB 9—The California Home Act; and directing the preparation of an SB 9 implementing ordinance.
DISCUSSION:
BACKGROUND:
State lawmakers have become increasingly concerned about the lack of housing supply in the State of California and have proposed multiple bills intended to address this concern. Last September, the State Legislature adopted, and the Governor signed, one such bill, Senate Bill 9 (SB 9), which requires proposed housing developments containing no more than two residential units on a single parcel within a single-family residential zone be considered as a ministerial project. SB 9 further requires a local agency to ministerially approve a parcel map for an urban lot split to create two parcels from one single-family residential parcel that meets certain requirements.
The Watsonville Municipal Code (WMC) currently allows single-family development in the R-1 Single-Family Residential zoning district. Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) are a permitted use in the R-1-SinglePage 71 of 100
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C:\Program Files\eSCRIBE\TEMP\12132143129\12132143129,,,SB 9 Interim Guidance.docx Family Residential zoning district pursuant to Section 14-16.202 of the WMC. The WMC requires minor subdivisions of land into 2, 3 or 4 parcels to obtain approval of the Minor Land Division Committee after a public hearing pursuant to Chapter 13-5.04.
However, the State legislature adopted SB 9 to require local jurisdictions to approve up to two units in existing single-family zones, subject only to objective local standards that would permit at least two 800 square foot minimum units per lot in single-family zones and that allow for the division of one existing lot into two lots of at least 1,200 square feet in area, each. SB 9 mandates housing developments and urban lot splits be considered ministerially, without discretionary review or hearing, subject to certain requirements and conditions. SB 9, by establishing a ministerial review process, exempts such projects from review under the California Environmental Quality Act.
Pursuant to Government Code Section 65852.21(j), a local agency may adopt an ordinance to implement the provisions of SB 9. Because SB 9 went into effect on January 1, 2022, there is insufficient time to develop and present an implementing ordinance for consideration to the Planning Commission and the City Council.
Therefore, staff recommends the adoption of the proposed resolution which adopts interim SB 9 implementation guidance for staff to follow for the processing of SB 9 applications until an implementing ordinance is considered by the City Council, and directs staff to develop and present to the City Council an SB 9 implementation ordinance.
Proposed Housing Developments
Government Code Section 65852.21 provides that a proposed housing development containing no more than two (2) residential units within a single-family residential zone shall be ministerially approved, without discretionary review or hearing, if the proposed housing development meets all of the following:
• The development would not require demolition or alteration of rent restricted moderate, low, or very low-income housing;
• The development would not require demolition of housing that has been occupied by a tenant in the last 3 years (i.e. rented by any tenant during the prior three years);
• The development is not on a parcel on which the owner has withdrawn it from renting or leasing under Section 7060 of the Government Code within 15 years preceding the development application (i.e. an exit of the rental housing business pursuant to the Ellis Act);
• The development does not allow for the demolition of more than 25% of the existing exterior structural walls, unless (1) a local ordinance so allows or (2) the site has not been occupied by a tenant in the last 3 years; • The development is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district; and
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C:\Program Files\eSCRIBE\TEMP\12132143129\12132143129,,,SB 9 Interim Guidance.docx • The development is not located in specified designated areas, including a high fire hazard severity zone.
The City shall require that a rental of any unit created under SB 9 be for a term longer than 30 days.
The City may impose on a housing development, objective zoning standards, objective subdivision standards, and objective design standards unless those standards would have the effect of physically precluding:
• the construction of up to 2 units; or
• either of the 2 units from being at least 800 square feet in floor area.
The City may require off-street parking of up to one (1) space per unit unless the parcel is located within:
• one-half mile walking distance of a high-quality transit corridor, • one-half mile walking distance of major transit stop, or • one block of a car share vehicle.
The City may, but is not required to, permit an accessory dwelling unit (ADU) or a junior accessory dwelling unit (JADU) on parcels that use both the authority under Section 65852.21 (SB 9 housing developments) and Section 66411.7 (SB 9 urban lot splits).
The City may deny an SB 9 proposed housing development project if the building official makes a written finding, based on a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, upon health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the adverse impact.
The City is prohibited from requiring a setback for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
In all other circumstances, SB 9 authorizes a setback of up to four (4) feet from the side and rear lot lines.
Proposed Urban Lot Splits
Government Code Section 66411.7 provides that the City shall ministerially approve, without discretionary review or hearing, a parcel map for an urban lot split but only upon a determination that the urban lot split meets all of the following requirements:
The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area and the smaller parcel shall be not less than 40 percent of the lot area proposed for subdivision. Neither parcel shall be smaller than 1,200 square feet, unless authorized by ordinance.
The parcel being subdivided must meet all of the following:
3/28/2022 12:13:27 PM
C:\Program Files\eSCRIBE\TEMP\12132143129\12132143129,,,SB 9 Interim Guidance.docx The parcel must be located within a single-family residential zone. The urban lot split would not require demolition or alteration of rent restricted moderate, low, or very low-income housing;
The urban lot split would not require demolition of housing that has been occupied by a tenant in the last 3 years (i.e. rented by any tenant during the prior three years);
The urban lot split is not on a parcel on which the owner has withdrawn it from renting or leasing under Section 7060 of the Government Code within 15 years preceding the development application (i.e. an exit of the rental housing business pursuant to the Ellis Act);
The parcel has not been established through a prior exercise of an urban lot split authorized by SB 9;
Neither the parcel owner nor any person acting in concert with the owner has previously exercised an urban lot split under SB 9 on an adjacent parcel;
The development is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district; and
The development is not located in specified designated areas, including a high fire hazard severity zone.
The City shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act, except as otherwise provided in SB 9.
The City shall require that:
the uses allowed on a lot created pursuant to SB 9 be limited to residential uses; and
an applicant for an urban lot split sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split, but the City is prohibited from imposing additional owner occupancy standards.
The City may impose on an urban lot split, objective zoning standards, objective subdivision standards, and objective design standards unless those standards would have the effect of physically precluding:
the construction of up to 2 units; or
either of the 2 units from being at least 800 square feet in floor area The City may require the following:
easements required for public services and facilities,
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C:\Program Files\eSCRIBE\TEMP\12132143129\12132143129,,,SB 9 Interim Guidance.docx parcels have access to, provide access to, or adjoin the public right-ofway, and off-street parking of up to one (1) space per unit unless the parcel is located within:
o one-half mile walking distance of a high-quality transit corridor, o one-half mile walking distance of major transit stop, or o one block of a car share vehicle.
The City may deny a proposed housing development project if the building official makes a written finding, based on a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, upon health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the adverse impact.
The City is prohibited from requiring a setback for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
In all other circumstances, authorizes a setback of up to four (4) feet from the side and rear lot lines.
The City is prohibited from requiring dedications of rights-of-way or the construction of offsite improvements.
SB 9 also extends the limit on the additional map extension period authorized under the State’s Subdivision Map Act that may be provided by ordinance from 12 months to 24 months and would make other conforming or non-substantive changes to the State’s Planning and Zoning Law.
NEXT STEPS:
Staff recommends that the City Council consider adopting a resolution adopting interim guidance rules and regulations to implement SB 9—The California Home Act; and directing the preparation of an SB 9 implementing ordinance.
STRATEGIC PLAN:
The interim guidance for SB 9 is in alignment with Strategic Plan goal 1: Housing, in that SB 9 provides for additional options in the creation of more housing within single family zones that did not exist prior to enactment of the Bill.
FINANCIAL IMPACT:
Preparation of modifications to the Watsonville Municipal Code to address SB 9 will require additional staff time and legal review, which staff estimates will be less than $10,000.
ALTERNATIVE ACTION:
The City Council has the following alternatives to consider on this matter:
1. Adopt the resolution as proposed.
2. Adopt a modified resolution.
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C:\Program Files\eSCRIBE\TEMP\12132143129\12132143129,,,SB 9 Interim Guidance.docx
3. Direct staff to return with more information.
4. Take no action.
ATTACHMENTS AND/OR REFERENCES (If any):
1) Text of Senate Bill SB-9
Senate Bill No. 9
CHAPTER 162
An act to amend Section 66452.6 of, and to add Sections 65852.21 and 66411.7 to, the Government Code, relating to land use.
[Approved by Governor September 16, 2021. Filed with
Secretary of State September 16, 2021.]
legislative counsel’s digest
SB 9, Atkins. Housing development: approvals.
The Planning and Zoning Law provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions.
This bill, among other things, would require a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including, but not limited to, that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided, and that the development is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.
The bill would set forth what a local agency can and cannot require in approving the construction of 2 residential units, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of up to 2 units or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances.
The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps. Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24 94 STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
Attachment 1
months after its approval or conditional approval or after any additional period of time as prescribed by local ordinance, not to exceed an additional 12 months, except as provided.
This bill, among other things, would require a local agency to ministerially approve a parcel map for an urban lot split that meets certain requirements, including, but not limited to, that the urban lot split would not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the parcel is located within a single-family residential zone, and that the parcel is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district.
The bill would set forth what a local agency can and cannot require in approving an urban lot split, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of 2 units, as defined, on either of the resulting parcels or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The bill would require an applicant to sign an affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the approval of the urban lot split, unless the applicant is a community land trust or a qualified nonprofit corporation, as specified. The bill would prohibit a local agency from imposing any additional owner occupancy standards on applicants. By requiring applicants to sign affidavits, thereby expanding the crime of perjury, the bill would impose a state-mandated local program.
The bill would also extend the limit on the additional period that may be provided by ordinance, as described above, from 12 months to 24 months and would make other conforming or nonsubstantive changes.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects.
This bill, by establishing the ministerial review processes described above, would thereby exempt the approval of projects subject to those processes from CEQA.
The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, that shall be based on various coastal resources planning and management policies set forth in the act. 94 Ch. 162 — 2 —
Attachment 1
This bill would exempt a local agency from being required to hold public hearings for coastal development permit applications for housing developments and urban lot splits pursuant to the above provisions.
By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state-mandated local program.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for specified reasons.
The people of the State of California do enact as follows:
SECTION 1. Section 65852.21 is added to the Government Code, to read:
65852.21. (a) A proposed housing development containing no more than two residential units within a single-family residential zone shall be considered ministerially, without discretionary review or a hearing, if the proposed housing development meets all of the following requirements:
(1) The parcel subject to the proposed housing development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(2) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (3) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years. (4) The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
94 — 3 — Ch. 162
Attachment 1
(5) The proposed housing development does not allow the demolition of more than 25 percent of the existing exterior structural walls, unless the housing development meets at least one of the following conditions:
(A) If a local ordinance so allows.
(B) The site has not been occupied by a tenant in the last three years. (6) The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(b) (1) Notwithstanding any local law and except as provided in paragraph (2), a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with this section.
(2) (A) The local agency shall not impose objective zoning standards, objective subdivision standards, and objective design standards that would have the effect of physically precluding the construction of up to two units or that would physically preclude either of the two units from being at least 800 square feet in floor area.
(B) (i) Notwithstanding subparagraph (A), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(ii) Notwithstanding subparagraph (A), in all other circumstances not described in clause (i), a local agency may require a setback of up to four feet from the side and rear lot lines.
(c) In addition to any conditions established in accordance with subdivision (b), a local agency may require any of the following conditions when considering an application for two residential units as provided for in this section:
(1) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (2) For residential units connected to an onsite wastewater treatment system, a percolation test completed within the last 5 years, or, if the percolation test has been recertified, within the last 10 years. (d) Notwithstanding subdivision (a), a local agency may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is 94 Ch. 162 — 4 —
Attachment 1
no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
(e) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(f) Notwithstanding Section 65852.2 or 65852.22, a local agency shall not be required to permit an accessory dwelling unit or a junior accessory dwelling unit on parcels that use both the authority contained within this section and the authority contained in Section 66411.7. (g) Notwithstanding subparagraph (B) of paragraph (2) of subdivision (b), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance. (h) Local agencies shall include units constructed pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(i) For purposes of this section, all of the following apply:
(1) A housing development contains two residential units if the development proposes no more than two new units or if it proposes to add one new unit to one existing unit.
(2) The terms “objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances. (3) “Local agency” means a city, county, or city and county, whether general law or chartered.
(j) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(k) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for a housing development pursuant to this section.
SEC. 2. Section 66411.7 is added to the Government Code, to read:
66411.7. (a) Notwithstanding any other provision of this division and any local law, a local agency shall ministerially approve, as set forth in this section, a parcel map for an urban lot split only if the local agency determines that the parcel map for the urban lot split meets all the following requirements:
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(1) The parcel map subdivides an existing parcel to create no more than two new parcels of approximately equal lot area provided that one parcel shall not be smaller than 40 percent of the lot area of the original parcel proposed for subdivision.
(2) (A) Except as provided in subparagraph (B), both newly created parcels are no smaller than 1,200 square feet.
(B) A local agency may by ordinance adopt a smaller minimum lot size subject to ministerial approval under this subdivision. (3) The parcel being subdivided meets all the following requirements:
(A) The parcel is located within a single-family residential zone. (B) The parcel subject to the proposed urban lot split is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(C) The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4. (D) The proposed urban lot split would not require demolition or alteration of any of the following types of housing:
(i) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(ii) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(iii) A parcel or parcels on which an owner of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(iv) Housing that has been occupied by a tenant in the last three years. (E) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(F) The parcel has not been established through prior exercise of an urban lot split as provided for in this section.
(G) Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this section. (b) An application for a parcel map for an urban lot split shall be approved in accordance with the following requirements:
(1) A local agency shall approve or deny an application for a parcel map for an urban lot split ministerially without discretionary review. (2) A local agency shall approve an urban lot split only if it conforms to all applicable objective requirements of the Subdivision Map Act (Division 94 Ch. 162 — 6 —
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2 (commencing with Section 66410)), except as otherwise expressly provided in this section.
(3) Notwithstanding Section 66411.1, a local agency shall not impose regulations that require dedications of rights-of-way or the construction of offsite improvements for the parcels being created as a condition of issuing a parcel map for an urban lot split pursuant to this section. (c) (1) Except as provided in paragraph (2), notwithstanding any local law, a local agency may impose objective zoning standards, objective subdivision standards, and objective design review standards applicable to a parcel created by an urban lot split that do not conflict with this section. (2) A local agency shall not impose objective zoning standards, objective subdivision standards, and objective design review standards that would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than 800 square feet.
(3) (A) Notwithstanding paragraph (2), no setback shall be required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.
(B) Notwithstanding paragraph (2), in all other circumstances not described in subparagraph (A), a local agency may require a setback of up to four feet from the side and rear lot lines.
(d) Notwithstanding subdivision (a), a local agency may deny an urban lot split if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. (e) In addition to any conditions established in accordance with this section, a local agency may require any of the following conditions when considering an application for a parcel map for an urban lot split:
(1) Easements required for the provision of public services and facilities. (2) A requirement that the parcels have access to, provide access to, or adjoin the public right-of-way.
(3) Off-street parking of up to one space per unit, except that a local agency shall not impose parking requirements in either of the following instances:
(A) The parcel is located within one-half mile walking distance of either a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop as defined in Section 21064.3 of the Public Resources Code.
(B) There is a car share vehicle located within one block of the parcel. (f) A local agency shall require that the uses allowed on a lot created by this section be limited to residential uses.
(g) (1) A local agency shall require an applicant for an urban lot split to sign an affidavit stating that the applicant intends to occupy one of the 94 — 7 — Ch. 162
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housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.
(2) This subdivision shall not apply to an applicant that is a “community land trust,” as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a “qualified nonprofit corporation” as described in Section 214.15 of the Revenue and Taxation Code.
(3) A local agency shall not impose additional owner occupancy standards, other than provided for in this subdivision, on an urban lot split pursuant to this section.
(h) A local agency shall require that a rental of any unit created pursuant to this section be for a term longer than 30 days.
(i) A local agency shall not require, as a condition for ministerial approval of a parcel map application for the creation of an urban lot split, the correction of nonconforming zoning conditions.
(j) (1) Notwithstanding any provision of Section 65852.2, 65852.21, 65852.22, 65915, or this section, a local agency shall not be required to permit more than two units on a parcel created through the exercise of the authority contained within this section.
(2) For the purposes of this section, “unit” means any dwelling unit, including, but not limited to, a unit or units created pursuant to Section 65852.21, a primary dwelling, an accessory dwelling unit as defined in Section 65852.2, or a junior accessory dwelling unit as defined in Section 65852.22.
(k) Notwithstanding paragraph (3) of subdivision (c), an application shall not be rejected solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.
(l) Local agencies shall include the number of applications for parcel maps for urban lot splits pursuant to this section in the annual housing element report as required by subparagraph (I) of paragraph (2) of subdivision (a) of Section 65400.
(m) For purposes of this section, both of the following shall apply:
(1) “Objective zoning standards,” “objective subdivision standards,” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. These standards may be embodied in alternative objective land use specifications adopted by a local agency, and may include, but are not limited to, housing overlay zones, specific plans, inclusionary zoning ordinances, and density bonus ordinances.
(2) “Local agency” means a city, county, or city and county, whether general law or chartered.
(n) A local agency may adopt an ordinance to implement the provisions of this section. An ordinance adopted to implement this section shall not be 94 Ch. 162 — 8 —
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considered a project under Division 13 (commencing with Section 21000) of the Public Resources Code.
(o) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local agency shall not be required to hold public hearings for coastal development permit applications for urban lot splits pursuant to this section.
SEC. 3. Section 66452.6 of the Government Code is amended to read:
66452.6. (a) (1) An approved or conditionally approved tentative map shall expire 24 months after its approval or conditional approval, or after any additional period of time as may be prescribed by local ordinance, not to exceed an additional 24 months. However, if the subdivider is required to expend two hundred thirty-six thousand seven hundred ninety dollars ($236,790) or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map, excluding improvements of public rights-of-way that abut the boundary of the property to be subdivided and that are reasonably related to the development of that property, each filing of a final map authorized by Section 66456.1 shall extend the expiration of the approved or conditionally approved tentative map by 48 months from the date of its expiration, as provided in this section, or the date of the previously filed final map, whichever is later. The extensions shall not extend the tentative map more than 10 years from its approval or conditional approval. However, a tentative map on property subject to a development agreement authorized by Article 2.5 (commencing with Section 65864) of Chapter 4 of Division 1 may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement. The number of phased final maps that may be filed shall be determined by the advisory agency at the time of the approval or conditional approval of the tentative map. (2) Commencing January 1, 2012, and each calendar year thereafter, the amount of two hundred thirty-six thousand seven hundred ninety dollars ($236,790) shall be annually increased by operation of law according to the adjustment for inflation set forth in the statewide cost index for class B construction, as determined by the State Allocation Board at its January meeting. The effective date of each annual adjustment shall be March 1.
The adjusted amount shall apply to tentative and vesting tentative maps whose applications were received after the effective date of the adjustment. (3) “Public improvements,” as used in this subdivision, include traffic controls, streets, roads, highways, freeways, bridges, overcrossings, street interchanges, flood control or storm drain facilities, sewer facilities, water facilities, and lighting facilities.
(b) (1) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include any period of time during which a development moratorium, imposed after approval of the tentative map, is in existence. However, the length of the moratorium shall not exceed five years.
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(2) The length of time specified in paragraph (1) shall be extended for up to three years, but in no event beyond January 1, 1992, during the pendency of any lawsuit in which the subdivider asserts, and the local agency that approved or conditionally approved the tentative map denies, the existence or application of a development moratorium to the tentative map. (3) Once a development moratorium is terminated, the map shall be valid for the same period of time as was left to run on the map at the time that the moratorium was imposed. However, if the remaining time is less than 120 days, the map shall be valid for 120 days following the termination of the moratorium.
(c) The period of time specified in subdivision (a), including any extension thereof granted pursuant to subdivision (e), shall not include the period of time during which a lawsuit involving the approval or conditional approval of the tentative map is or was pending in a court of competent jurisdiction, if the stay of the time period is approved by the local agency pursuant to this section. After service of the initial petition or complaint in the lawsuit upon the local agency, the subdivider may apply to the local agency for a stay pursuant to the local agency’s adopted procedures. Within 40 days after receiving the application, the local agency shall either stay the time period for up to five years or deny the requested stay. The local agency may, by ordinance, establish procedures for reviewing the requests, including, but not limited to, notice and hearing requirements, appeal procedures, and other administrative requirements.
(d) The expiration of the approved or conditionally approved tentative map shall terminate all proceedings and no final map or parcel map of all or any portion of the real property included within the tentative map shall be filed with the legislative body without first processing a new tentative map. Once a timely filing is made, subsequent actions of the local agency, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative map. Delivery to the county surveyor or city engineer shall be deemed a timely filing for purposes of this section.
(e) Upon application of the subdivider filed before the expiration of the approved or conditionally approved tentative map, the time at which the map expires pursuant to subdivision (a) may be extended by the legislative body or by an advisory agency authorized to approve or conditionally approve tentative maps for a period or periods not exceeding a total of six years. The period of extension specified in this subdivision shall be in addition to the period of time provided by subdivision (a). Before the expiration of an approved or conditionally approved tentative map, upon an application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. If the advisory agency denies a subdivider’s application for an extension, the subdivider may appeal to the legislative body within 15 days after the advisory agency has denied the extension.
94 Ch. 162 — 10 —
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(f) For purposes of this section, a development moratorium includes a water or sewer moratorium, or a water and sewer moratorium, as well as other actions of public agencies that regulate land use, development, or the provision of services to the land, including the public agency with the authority to approve or conditionally approve the tentative map, which thereafter prevents, prohibits, or delays the approval of a final or parcel map. A development moratorium shall also be deemed to exist for purposes of this section for any period of time during which a condition imposed by the city or county could not be satisfied because of either of the following:
(1) The condition was one that, by its nature, necessitated action by the city or county, and the city or county either did not take the necessary action or by its own action or inaction was prevented or delayed in taking the necessary action before expiration of the tentative map. (2) The condition necessitates acquisition of real property or any interest in real property from a public agency, other than the city or county that approved or conditionally approved the tentative map, and that other public agency fails or refuses to convey the property interest necessary to satisfy the condition. However, nothing in this subdivision shall be construed to require any public agency to convey any interest in real property owned by it. A development moratorium specified in this paragraph shall be deemed to have been imposed either on the date of approval or conditional approval of the tentative map, if evidence was included in the public record that the public agency that owns or controls the real property or any interest therein may refuse to convey that property or interest, or on the date that the public agency that owns or controls the real property or any interest therein receives an offer by the subdivider to purchase that property or interest for fair market value, whichever is later. A development moratorium specified in this paragraph shall extend the tentative map up to the maximum period as set forth in subdivision (b), but not later than January 1, 1992, so long as the public agency that owns or controls the real property or any interest therein fails or refuses to convey the necessary property interest, regardless of the reason for the failure or refusal, except that the development moratorium shall be deemed to terminate 60 days after the public agency has officially made, and communicated to the subdivider, a written offer or commitment binding on the agency to convey the necessary property interest for a fair market value, paid in a reasonable time and manner.
SEC. 4. The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1 and 2 of this act adding Sections 65852.21 and 66411.7 to the Government Code and Section 3 of this act amending Section 66452.6 of the Government Code apply to all cities, including charter cities.
SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or 94 — 11 — Ch. 162
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because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
O
94 Ch. 162 — 12 —
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Reso No. 18-22 (CM)
Meeting Date: 032222 1
RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE ADOPTING INTERIM GUIDANCE RULES AND
REGULATIONS TO IMPLEMENT SB 9 – THE CALIFORNIA HOUSING
OPPORTUNITY AND MORE EFFICIENCY (HOME) ACT; AND
AUTHORIZING AND DIRECTING THE PREPARATION OF AN SB 9
IMPLEMENTING ORDINANCE
WHEREAS, Senate Bill 9 (Atkins) (“SB 9”), entitled the California Home Act, was signed into law by Governor Newsom on September 19, 2021 and went into effect on January 1, 2022; and
WHEREAS, SB 9 amends Government Code Section 66452.6, and adds two new Government Code Sections 65852.1 and 66411.7; and WHEREAS, SB 9 requires cities and counties, including charter cities, to provide for the ministerial approval of a housing development containing two residential units of at least 800 square feet in floor area (“duplex”) and a parcel map dividing one existing lot into two equal parts (“lot split”) within a single-family residential zone for residential use; and
WHEREAS, SB 9 eliminates discretionary review and public oversight of proposed subdivisions of one lot into two parcels by removing public notice and hearings by the Planning Commission, by requiring administrative review of the project, and by providing for ministerial approval of a lot split; and WHEREAS, SB 9 exempts projects authorized thereunder from environmental review pursuant to the California Environmental QualityAct (CEQA), by establishing a ministerial review process without discretionary review or a public hearing; and
WHEREAS, SB 9 further stipulates that a city or county cannot require a duplex project to comply with any standard that would prevent two units of at least
Reso No. (CM)
Meeting Date: 011122 2
800 square feet each from being built on each resultant lot, and prohibits a local agency from imposing regulations that require dedications of rights-of way or the construction of offsite and onsite improvements for parcels created through a lot split; and
WHEREAS, in addition to various constraints on SB 9 developments as set forth therein, SB 9 also authorizes cities and counties to enact local SB 9 implementation ordinances and guidelines that are objective and that are not inconsistent with its mandatory provisions; and
WHEREAS, the City may develop interim regulations and standards to guide City Departments to implement SB 9 until such time as an implementation ordinance may be considered by the City Council for adoption; and WHEREAS, adoption of this Resolution and interim SB 9 guidance are not projects under the California Environmental Quality Act pursuant to Government Code sections 65852.21(j) and 66411.7(n).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. This action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5), in that adopting a Resolution adopting interim guidance rules and regulations to implement SB 9 and preparation of a SB 9 implementation ordinance does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and if a “project,” is exempt under the “common sense” exception (14
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Cal. Code Regs. § 15061(b)(3)) because it can be seen with certainty that there is no possibility that this action may have a significant effect on the environment.
2. The City of Watsonville finds and declares that urban housing developments authorized under SB 9 are a form of housing that allows for expanded housing options.
3. The purpose of this resolution is to adopt interim guidance to comply with Government Code Sections 65852.21 and 66411.7 until an SB 9 implementation ordinance may be prepared and considered for adoption by the City Council.
4. The City Manager and the City Attorney are directed to consult with the appropriate City Departments and staff to develop an SB 9 implementation ordinance for presentation to, and consideration by, the City Council.
5. The City Manager Pro Tempore and City Attorney are directed to establish application procedures for SB 9 housing development and urban lot split applications, and to follow, at a minimum, the following interim guidance as related to SB 9:
(a) All SB 9 housing developments shall meet the requirements mandated by SB 9 (Government Code sections 65852.21(a), (b)(2), (e), (g), and (h).)
(b) The maximum density for SB 9 units is two (2) dwelling units per residential parcel.
(c) A deed restriction prohibiting the future construction of additional dwelling units and/or lot splits pursuant to SB 9 shall be required to be recorded on any property that develops dwelling units and/or lot splits under SB 9. The deed
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restriction shall also restrict the SB 9 units to residential use. (d) All SB 9 housing developments shall be subject to the following conditions (which conditions are reserved to City discretion pursuant to SB 9), provided that implementation of a condition would not preclude the construction of two 800 square foot units on each parcel:
(1) Setbacks of up to four feet from side and rear yard lot lines, except no setback shall be required for an existing structure constructed in the same location and to the same dimensions as an existing structure (Gov. Code §65852.21 (b)(2)(B)(ii)).
(2) SB 9 units shall meet the following objective design standards:
i. Exterior. The exterior design of the units shall utilize the same building materials, architectural style, roof form and pitch, height, scale, exterior colors and finishes as the principal residence. ii. Landscaping. All areas of the site that are not utilized for buildings, patios, parking, pedestrian or vehicular access shall be landscaped and provided with a permanent irrigation system. iii. Private Open Space/Patios and Decks. Each unit shall have a deck or a patio, directly adjoining individual units. The minimum private open space required for each unit shall be no less than ninety-six (96) square feet with a minimum width of six (6') feet for a deck/patio and eight (8') feet for landscaped area.
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Meeting Date: 011122 5
iv. Access. The unit entrance shall face the interior of the property unless the ADU is directly adjacent to an alleyway or a public street.
v. Window Design. Windows that face an adjoining
residential property shall be screened with fencing or landscaping. (3) One off-street parking space per unit, except no parking shall be required in either of the following instances:
i. The parcel is located within one-half mile walking
distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code. (Gov. Code § 65852.21(c)(1)); and/or
ii. There is a car share vehicle located within one block of the parcel.
(4) The City shall deny an SB 9 housing development
application if the Building Official makes a specific written finding that the development project would have an adverse impact as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is on public health, safety or the environment and for which there is no method to mitigate or avoid the specific, adverse impacts (Gov. Code § 65852.21(d)).
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(5) The City shall not permit any ADUs or JADUs on parcels that use both the authority of Government Code section 65852.21 (SB 9 housing developments) and section 66411.7 (SB 9 urban lot splits). (e) All SB 9 urban lot splits shall meet the requirements mandated by SB 9 (Government Code sections 66411.7(a), (b), (c)(2), (f), (g), (h), (k) and (l)).
(f) All SB 9 urban lot splits shall be subject to the following conditions (which conditions are reserved to City discretion pursuant to SB 9):
(1) Setbacks of up to four feet from side and rear yard lot lines, except no setback shall be required for an existing structure constructed in the same location and to the same dimensions as an existing structure (Gov. Code § 66411.7(c)(3)).
(2) The City shall deny an SB 9 housing development
application if the Building Official makes a specific written finding that the development project would have an adverse impact as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or the physical environment and for which there is on public health, safety or the environment and for which there is no method to mitigate or avoid the specific, adverse impacts (Gov. Code § 66411.7 (d)).
(3) Each lot created by an SB 9 urban lot split must adjoin the public right-of-way, or provide access to the public right-of-way, by way of a recorded access easement in favor of the parcel requiring ROW access (Gov. Code § 66411.7(e)(2)).
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(4) One off-street parking space per unit shall be required, except no parking shall be required in either of the following instances:
i. The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in
subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
ii. There is a car share vehicle located within one block of the parcel (Gov. Code § 66411.7(e)(3)).
SEVERABILITY
If any term, provision, or portion of this Resolution or the application of this Resolution to a particular situation is held by a court to be invalid, void or unenforceable, the remaining provisions of this Resolution, or its application to other actions, shall continue in full force and effect unless amended or modified by the City.
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3/25/2022 6:03:39 PM
C:\Program Files\eSCRIBE\TEMP\1833330370\1833330370,,,Expiration of Statewide Eviction Moratorium(1).docx Agenda Report
MEETING DATE: Tuesday, March 29, 2022
TO: City Council
FROM: COMMUNITY DEVELOPMENT DIRECTOR MERRIAM
CARLOS LANDAVERRY, HOUSING MANAGER
SUBJECT: EXPIRATION OF STATEWIDE EVICTION MORATORIUM,
ALLOCATION OF $20,000 FROM AFFORDABLE HOUSING FUND
FOR LEGAL AID AND SUPPORT OF TENANTS AFFECTED BY
COVID-19
STATEMENT OF ISSUES:
Update on the expiration of Statewide Eviction Moratorium and discussion of additional legal aid and support for tenants affected by COVID-19.
RECOMMENDED ACTION:
It is recommended that the City Council:
1) Receive a status update on the State’s March 31, 2022 expiration of COVID-19 eviction protections and multi-jurisdictional efforts to provide additional COVID-19 related tenant assistance and direct staff to continue to work with regional partners regarding rental and legal assistance programs and services, and 2) Adopt a resolution to appropriate $20,000 from the Affordable Housing Fund to provide additional COVID-19 related tenant assistance and directing Community Development Staff to continue to work with Regional Partners regarding rental and legal assistance programs and services.
DISCUSSION:
In June of 2021, in an effort to address what was expected to be an overwhelming number of residential evictions resulting from the COVID-19 pandemic and associated business closures, California Gov. Gavin Newsom signed Assembly Bill 832 enacting the COVID-19 Rental Housing Recovery Act. AB 832 extended eviction protections for residential tenants experiencing a financial hardship relating to COVID-19. Specifically, AB 832 extended existing law prohibiting residential tenants from being evicted for failure to pay rent due to a COVID-19-related hardship between March 1, 2020 and Sept. 30, 2021. Under the law, residential tenants were still required to provide a Declaration of COVID-19-Related Financial Distress and pay at least 25 percent of past due rent by Sept. 30 to avoid eviction.
AB 832 also allowed owners to begin serving tenants with three-day notices to pay rent or quit for payments due on or after October 1, 2021. Any notice demanding recovery of rent that came due between Oct. 1, 2021 and March 31, 2022 must include specific language informing the
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C:\Program Files\eSCRIBE\TEMP\1833330370\1833330370,,,Expiration of Statewide Eviction Moratorium(1).docx tenant regarding the availability of rental assistance, including a telephone number and a website where the tenant can start the application. There is also a specific warning that must be included in BOLD text and at least 12-point font that must be included in the updated demands. Before filing an action for unlawful detainer, a residential landlord must wait 20 days and verify they have applied for rental relief funding. Because the statute specifies that rental relief covers 100 percent of back rent owed by qualifying tenants, it prohibits landlords from commencing unlawful detainer actions for tenants that have applied for rental relief through March 31, 2022.
The Housing is Key Rental Assistance Program covers 100% of unpaid rent and utilities for qualifying households. Anyone who has fallen behind on rent and is earning below the 80% of the Area Median Income (AMI) is eligible to apply. Priority is given to very low-income household with income below 30% AMI. According to the California COVID-19 Rent Relief Dashboard (https://housing.ca.gov/covid_rr/dashboard.html), less than half of the Housing is Key applicants in Santa Cruz County have received funds. As of March 22, 2022, $15.7 million has been distributed, leaving about $20 million in available funds countywide. In total, Santa Cruz County residents requested more than $55 million in assistance from the Housing Is Key program.
In Watsonville as of March 22, 2022, 41% of Housing Is Key emergency rental assistance requests have been paid (373 families out of 911 applications submitted). The average household assistance in Watsonville is $7,775. City staff does not know if the remaining 538 unserved households have pending applications, failed to qualify, or moved.
The City has received communication from several local nonprofit groups who provide aid to local residents expressing concern that, when tenant protections expire on March 31, individuals who have applied for, but did not receive funds, will be vulnerable to eviction. As of today, we understand that emergency legislation has been introduced (Assembly Bill 2179) to extend eviction protections through June 30 for Californians. Although the proposed bill keeps the March 31 application deadline in place, it would provide protection from eviction while applicants wait for the state to process their paperwork. The proposed bill would also prevent local governments from passing their own eviction protections until July 1 at the earliest. More information about the outcome of this Bill may be available at the time the Council meets on Tuesday March 29, 2022.
City staff have been in regular communication with the County Human Services Department’s Housing for Health Division about coordinating efforts to address local concerns. Currently, there are multiple resources available to tenants in the City of Watsonville including assistance understanding local, State and Federal housing laws, financial assistance and information resources.
In addition, the City is administering an Emergency Rental Assistance Program to assist Watsonville renters affected by the COVID-19 economic crisis. The City’s ERAP Program is funded by the CDBG Program and will be supplemented by the City’s Permanent Local Housing Allocation (PLHA) grant. Priority is given to families who have experienced a loss or reduction of income and are unable to pay their rent in full. The ERAP application and guidelines can be found at:
https://www.cityofwatsonville.org/2298/Emergency-Rental-Assistance-Program
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C:\Program Files\eSCRIBE\TEMP\1833330370\1833330370,,,Expiration of Statewide Eviction Moratorium(1).docx On March 22, 2022, the County Board of Supervisors unanimously approved to designate $500,000 for strategic investments in legal assistance and mediation, flexible finance assistance, tenant rights education and counseling, and brief housing-related problem solving and case management; and to enter into contract amendments with local partners to administer additional services related to eviction protections. These services would be available to Watsonville residents; and therefore, staff recommends that City Council appropriate $20,000 from the Affordable Housing Fund to support these regional efforts.
STRATEGIC PLAN:
The recommended action is consistent with the goals in the City’s Housing Element related to increasing housing opportunities for low-income residents. It is also consistent with the following elements of the City’s Strategic Plan.
1-Housing
2-Fiscal Health
3-Infrastructure & Environment
5-Community Engagement & Well-Being
7-Efficient and High Performing Government
FINANCIAL IMPACT:
The recommended action will impact the Affordable Housing Fund in the amount of $20,000 in direct benefits to eligible residential tenants affected by COVID-19. However, administrative costs are part of the City’s budgeted work program using existing staff resources.
ALTERNATIVE ACTION:
The City Council may choose not to modify or not approve the recommendation at this time.
ATTACHMENTS AND/OR REFERENCES (If any):
None.
Reso No. (CM)
C:\Program Files\eSCRIBE\TEMP\1833222521\1833222521,,,Resolution - Appropriation for Additional Tenant Programs and Services(1).docxhttps://cityofwatsonville.escribemeetings.com/eSCRIBE Supporting Documents/b4813a85-0269-47d3-a411- 08e3ac8921b3/Resolution - Appropriation for Additional Tenant Programs and Services.docx ri 3/25/2022 6:03:39 PM3/25/2022 3:02:33 PM3/25/2022 3:01:54 PM AJS ______ MDH ______ CDD ______ 1 RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE APPROPRIATING $20,000 FROM THE AFFORDABLE
HOUSING FUND TO PROVIDE ADDITIONAL COVID-19 RELATED
TENANT ASSISTANCE AND DIRECTING COMMUNITY DEVELOPMENT
STAFF TO CONTINUE TO WORK WITH REGIONAL PARTNERS
REGARDING RENTAL AND LEGAL ASSISTANCE PROGRAMS AND
SERVICES
WHEREAS, in order to continue to provide additional COVID-19 related tenant assistance to Watsonville residents, staff is recommending that Council appropriate $20,000 from the Affordable Housing Fund to support those tenants with rental and legal assistance programs and services that have been affected by the COVID-19 pandemic.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
1. The City Council finds that the proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(5) and does not meet CEQA’s definition of a “project,” because the action does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and because the action constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
2. That the budget appropriation of $20,000 from the Affordable Housing Fund [0221] to provide additional COVID-19 related tenant assistance is hereby authorized.
3. That Community Development Staff is hereby directed to continue to work with regional partners regarding rental and legal assistance programs and services for
Reso No. (CM)
C:\Program Files\eSCRIBE\TEMP\1833222521\1833222521,,,Resolution - Appropriation for Additional Tenant Programs and Services(1).docxhttps://cityofwatsonville.escribemeetings.com/eSCRIBE Supporting Documents/b4813a85-0269-47d3-a411- 08e3ac8921b3/Resolution - Appropriation for Additional Tenant Programs and Services.docx ri 3/25/2022 6:03:39 PM3/25/2022 3:02:33 PM3/25/2022 3:01:54 PM 2 eligible Watsonville residents affected by the expiration of the statewide eviction moratorium.
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