Cities Index.
Agenda packet

Guadalupe City Council
January 25, 2022

Document
Agenda packet
Meeting
January 25, 2022
Body
Guadalupe City Council
Pages
18
Original file
16.8 MB
Text extracted from the city's file for reading and search. Open the original on cityofguadalupe.org. That file is the official record.

January 25, 2022 City of Guadalupe Council Meeting Agenda Page 1 of 5 City of Guadalupe
AGENDA
Regular Meeting of the Guadalupe City Council
Tuesday, January 25, 2022, at 6:00 pm
City Hall, 918 Obispo Street, Council Chambers
This meeting will also be held virtually via Zoom
https://us06web.zoom.us/j/84366898237
Meeting ID: 843 6689 8237
1(669) 900-6833, 84366898237# US (San Jose)
1(408) 638-0968 ,84366898237# US (San Jose)
The City Council meeting will broadcast live on Charter Spectrum Cable Channel 20.

All persons attending the City Council meeting are required to wear nose and face masks regardless of vaccination status when indoors in public setting, with limited exceptions pursuant to County of Santa Barbara Health Officer Order No. 2021-10.8.

If you choose not to attend the City Council meeting but wish to make a comment during oral communications or on a specific agenda item, please submit via email to [email protected] no later than 1:00 pm on Tuesday, January 25, 2022. Alternatively, you may provide public comment through the Zoom application either:
(1) by clicking on the link above at the appointed time. Members of the public wishing to be called on for public comment should click on the “Raise Hand” button on Zoom when the item they wish to speak on has begun. When the chair calls for public comment, you will be announced and your microphone will be unmuted. Comments from the public are limited to 3 minutes per speaker. The public will not be able to share their video or screen; or (2) by calling either of the two phone numbers listed above at least 10 minutes prior to the start of the meeting. PLEASE MUTE YOUR PHONE UNTIL YOU ARE CALLED TO SPEAK. If you do not have a mute button, you may mute by pressing the star key followed by the number six (*6). You can unmute by pressing the same keys (*6). To “raise your hand” on the phone, dial *9 when the item you wish to speak on has begun. When the chair calls for public comment, you will be announced when it is your turn to speak, and your microphone will be unmuted. Comments from the public are limited to 3 minutes per speaker.

January 25, 2022 City of Guadalupe Council Meeting Agenda Page 2 of 5 Please be advised that, pursuant to State Law, any member of the public may address the City Council concerning any item on the Agenda, before or during Council consideration of that item. If you wish to speak on any item on the agenda, including any item on the Consent Calendar or the Ceremonial Calendar, please submit a speaker request form for that item. If you wish to speak on a matter that is not on the agenda, please do so during the Community Participation Forum.

The Agenda and related Staff reports are available on the City’s website: www.ci.guadalupe.ca.us Friday before Council meeting.

Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be made available the Friday before Council meetings at the Administration Office at City Hall 918 Obispo Street, Monday through Friday between 8:00 am and 4:30 pm, and also posted 72 hours prior to the meeting. The City may charge customary photocopying charges for copies of such documents. Any documents distributed to a majority of the City Council regarding any item on this agenda less than 72 hours before the meeting will be made available for inspection at the meeting and will be posted on the City’s website and made available for inspection the day after the meeting at the Administrator Office at City Hall 918 Obispo Street, Monday through Friday between 8:00 am and 4:30 pm.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, including review of the Agenda and related documents, please contact the Administration Office at (805) 356.3891 at least 72 hours prior to the meeting. This will allow time for the City to make reasonable arrangements to ensure accessibility to the meeting.

1. ROLL CALL:

Council Member Liliana Cardenas
Council Member Gilbert Robles
Council Member Eugene Costa Jr.

Mayor Pro Tempore Tony Ramirez
Mayor Ariston Julian

2. MOMENT OF SILENCE

3. PLEDGE OF ALLEGIANCE

4. AGENDA REVIEW
At this time the City Council will review the order of business to be conducted and receive requests for, or make announcements regarding, any change(s) in the order of business.

5. CEREMONIAL CALENDAR
a. Masatani’s Market 100-Year Anniversary Proclamation
b. Touch of Style, Car Club Proclamation
c. Los Compas de Guadalupe Proclamation
d. Human Trafficking Awareness Month Proclamation

6. COMMUNITY PARTICIPATION FORUM
Each person will be limited to a discussion of three (3) minutes or as directed by the Mayor.

Pursuant to provisions of the Brown Act, no action may be taken on these matters unless they are listed on the agenda, or unless certain emergency or special circumstances exist. City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting.

January 25, 2022 City of Guadalupe Council Meeting Agenda Page 3 of 5

7. CONSENT CALENDAR
The following items are presented for City Council approval without discussion as a single agenda items in order to expedite the meeting. Should a Council Member wish to discuss or disapprove an item, it must be dropped from the blanket motion of approval and considered as a separate item.

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

B. Approve the Minutes of the City Council Regular Meeting of January 11, 2022, to be ordered filed.

C. Adopt on second reading, Ordinance No. 2022-497 concerning Short-Term Rentals.

D. Adopt on second reading, Ordinance No. 2022-498 and Ordinance No. 2022-499 affirming, revising, and setting fees and rates for water and wastewater service.

E. Adopt Resolution No. 2022-04 authorizing submittal of application(s) for all CalRecycle grant and payment programs for which City of Guadalupe is eligible.

F. Adopt Resolution No. 2022-05 approving the purchase of the O’Connell Park play structure from Zoom Recreation, Inc. in the amount of $53,496.05.

G. Adopt Resolution No. 2022-06 approving the City of Guadalupe COVID-19 Athletic/City Auditorium Facilities Use Procedure Agreement.

H. Adopt Resolution No. 2022-07 regarding the Council’s granting of Mr. Nice Guy’s appeal of the rejection of its application for a commercial cannabis business permit at its meeting on January 11, 2022, with findings in support.

I. MONTHLY REPORTS FROM DEPARTMENT HEADS

1. Public Safety Department:
a. Police Department report for November & December 2021 b. Fire Department report for November & December 2021
c. Code Compliance report for November & December 2021

2. City Treasurer’s report for November & December 2021

3. Human Resources report for November & December 2021

8. CITY ADMINISTRATOR REPORT: (Information Only)

9. DIRECTOR OF PUBLIC SAFETY REPORT: (Information Only)

10. MAYOR’S REPORT- UPDATES
January 25, 2022 City of Guadalupe Council Meeting Agenda Page 4 of 5

PUBLIC HEARING

11. Conditional Use Permit (2021-151-CUP), for Mr. Patrick Kimbell, to allow re-establishment of a boardinghouse on the second floor at 823-829 Guadalupe Street (APN 115-112-003).

Written Report: Bill Scott, City Planner
Recommendation: That the City Council:
a. Receive a presentation from staff;
b. Conduct a public hearing, including: a) an opportunity for the applicant to present the proposed project, and b) receive any comments from the public; and c. Adopt Resolution No. 2022-08 approving Conditional Use Permit 2021-151-CUP for the Kimbell 14-unit boardinghouse if Fire Department has approved plans before the public hearing; if Fire Department has not approved building plans, then continue the public hearing to a future meeting with a date certain.

12. Measure A Local Program of Projects.

Written Staff Report: Shannon Sweeney, Public Works Director/City Engineer Recommendation: That the City Council adopt Resolution No. 2022-09 approving the 2022/2023 through 2026-2027 Measure A Local Program of Projects for the City of Guadalupe.

13. FUTURE AGENDA ITEMS

14. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS

15. ADJOURNMENT TO CLOSED SESSION MEETING

CLOSED SESSION

16. CONFERENCE WITH LABOR NEGOTIATORS
(Subdivision (a) of Government Code Section 54957.6)
Agency designated representatives: City Administrator, Human Resources Manager and Che Johnson, Partner, Liebert, Cassidy & Whitmore; Employee Organizations: International Association of Firefighters (IAFF)

17. CLOSED SESSION ANNOUNCEMENTS

18. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall display case and website not less than 72 hours prior to the meeting. Dated this 21st day of January 2022.
________________________________
Todd Bodem, City Administrator
Todd Bodem
January 25, 2022 City of Guadalupe Council Meeting Agenda Page 5 of 5

PROPOSED FUTURE CITY COUNCIL AGENDA ITEMS
Council Meeting: Date and Subject Department Agenda Category Tuesday, February 8, 2022, at 6:00 pm / Regular Meeting Response to the Grand Jury “Pension in Santa Barbara
County Require Vigilance”
Consent Calendar
Approval to create the Police Lieutenant Position Chief Michael Cash SEIU Side Letter Human Resources Consent Calendar
Benefit for Unrepresented Employees Human Resources Consent Calendar Notice of Completion – 2021 Pavement Project Public Works Director Consent Calendar Second Quarter Financial Report – Budget Review Finance Department Regular Business Tuesday, February 22, 2022, at 6:00 pm / Regular Meeting Other Unscheduled Items Proposed
Date of
Item
Department Agenda Category
Tree Ordinance Public Works New Business
Sidewalk Vending Ordinance Planning Department New Business Vacant Property Ordinance Administration Dept New Business Sign Ordinance Planning Dept New Business
Pasadera Public Infrastructure Dedication Public Works Dept New Business Food Truck and Special Event Ordinance Planning Dept New Business Gift Policy City Attorney New Business
Master Fee Schedule Update Finance Department Workshop
Pasquini Lease Agreement April 2021 Public Works Dept. Consent Calendar Recognizing Food Distribution Volunteers Ceremonial Calendar Terry Bauer – Proclamation Ceremonial Calendar
Goal Setting FY 21-22 Approval Administration Regular Business Transient Occupancy Tax (TOT) Feb 2022 New Business
Rental Control
Facility & Parks Use Fee Schedule Changes Recreation & Parks Agenda Item No. 5 (a)
Agenda Item No. 5 (b)
Agenda Item No. 5 (c)
City of Guadalupe Guadalupe, California
Jroclamation
Los Compas de Ciuadalupe
CONSIDERANDO QUE, la Ciudad de Guadalupe se enorgullece de su juventud y tiene una gran poblaci6n de j6venes menores de 18 a nos; y
CONSIDERANDO QUE, hace dos anos, j6venes de Guadalupe establecieron un grupo musical llamado Los Compas de Guadalupe; y
CONSIDERANDO QUE, el grupo audicion6 poco despues de su formaci6n para un programa de talentos en una de las companfas de medios de comunicaci6n en espanol mas grandes presentado por celebridades musicales reconocidas; y
CONSIDERANDO QUE, el grupo no hizo la prim era ronda de audiciones, pero no se rindi6 y volvi6 a hacer una segunda audici6n con un resultado exitoso de estar en el programa de talentos; y CONSIDERANDO QUE, a pesar de los obstaculos que enfrentaron, perseveraron en sus actuaciones y llegaron a la ronda final del concurso de talentos entre varios otros participantes de todo Estados Unidos; y
CONSIDERANDO QUE, su nombre y participaci6n en todo el concurso de talentos resaltan su orgullo por la Ciudad de Guadalupe.

AHORA, POR LO TANTO, RESUELVASE, en virtud de la autoridad que se me ha conferido como Alcalde yen nombre del Concejo Municipal de la Ciudad de Guadalupe, yo, Ariston Julian, por la presente reconozco:

Los Compas de Ciuadalupe
EN TESTIMONIO DE LO CUAL, firmo la presente y hago que se coloque el Sello de la Ciudad de Guadalupe en este dfa 25 de enero de 2022.

Ariston Julian, Mayor
/S/
Agenda Item No. 5 (d)
January 11, 2022 City of Guadalupe Council Meeting Minutes Page 1 of 15

MINUTES
City of Guadalupe
Regular Meeting of the Guadalupe City Council
Special Meeting of the Successor Agency to the Guadalupe Redevelopment Agency Board
Tuesday, January 11, 2022, at 6:00 pm
City Hall, 918 Obispo Street, Council Chambers

1. ROLL CALL:

Council Member Liliana Cardenas
Council Member Gilbert Robles
Council Member Eugene Costa Jr.

Mayor Pro Tempore Tony Ramirez
Mayor Ariston Julian
The meeting was called to order at 6:00 p.m. All were present. (The abbreviation “CM” will be used for “Council Member” in these minutes.)

2. MOMENT OF SILENCE
Mayor Julian asked to join in a moment of silence for: 1) Santa Barbara County Firefighter, Joseph De Anda, age 33, who was killed in a snowboarding accident on 1/08/22; 2) the 17 individuals, including 8 children, who were killed in the Bronx fire, with 8-10 remaining in the hospital, and 3) numerous firefighters and police officers who have suffered and perished through Covid and dutyrelated accidents, illnesses and deaths. He then asked for personal thoughts and prayers be given to those in our hearts and minds during this moment of silence.

3. PLEDGE OF ALLEGIANCE

4. AGENDA REVIEW
At this time the City Council will review the order of business to be conducted and receive requests for, or make announcements regarding, any change(s) in the order of business.

There were no changes to the agenda.

5. INTRODUCING HANNAH FUENTES, RECREATION SERVICES MANAGER Agenda Item No. 7B
January 11, 2022 City of Guadalupe Council Meeting Minutes Page 2 of 15 Ms. Fuentes gave some brief comments saying, “I played basketball at Allan Hancock College which helped me continue my education. I have a big heart for recreation and especially for Guadalupe.

I’d love to see the youth go on to Hancock and further. I graduated from Hancock with my Associate degree in Social and Behavioral Sciences. Then I went on to play basketball on the East Coast at Eastern Nazarene College for one year. I later got my bachelor’s at Branden/Chapman University in Organizational Leadership, with honors. I’m currently pursuing my master’s in Sports and Athletic Administration.”
Mayor Julian said, “There are going to be a lot of meetings. You’re going to have a lot of people asking you to ‘do this and do that’. So, welcome aboard. Take your time to understand where everyone is coming from. The focus, as you mentioned, to me is recreation, education, getting a degree and being in a good place to get a job. There are 2-3 recreation-type people here. Welcome!”

6. CEREMONIAL CALENDAR
• National School Choice Week Proclamation
Mayor Julian read this proclamation which stated that the City of Guadalupe recognizes the important role that an effective education plays in preparing students in Guadalupe to be successful adults. The proclamation further highlighted the fact that Guadalupe has many highquality public schools and high-quality teaching professionals committed to educating the City’s children. The mayor stated that he and the City Council recognize January 23-29 as “Guadalupe School Choice Week”.
• Masatani’s Market 100-Year Anniversary Proclamation
Per Mayor Julian, this proclamation will be rescheduled for a later date.

7. COMMUNITY PARTICIPATION FORUM
Each person will be limited to a discussion of three (3) minutes or as directed by the Mayor.

Pursuant to provisions of the Brown Act, no action may be taken on these matters unless they are listed on the agenda, or unless certain emergency or special circumstances exist. City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting.

Mr. Nathan Sutton stated his concerns relating to the upcoming renovation at Central Park, specifically, the proposed skatepark. Mr. Sutton has lived in Guadalupe for seven (7) years. His business is located at 9th & Pacheco Streets, facing Central Park, on the eastside of the train tracks.

He said, “My concern tonight is on some of the plans to renovate the park which includes a skatepark and dog park. The skatepark would be about 40 feet from my front door. I and my neighbor own the property, the whole block, facing the park. There are no sound barriers at the park and was told that no sound barriers were included in the plans. I’ve worked in the past as a YMCA camp counselor for inner-city kids and am all in support of recreation and development of places for exercise and enjoyment of the community. But I don’t think people realize the amount of noise a dog and skatepark will produce. I’ve also had windows broken by rocks thrown on my windows from passing train cars. According to my deed, the railroad company is not responsible for the damage to my property. There may be a need to have a barrier between the park and the railroad. My neighbor and I are also concerned about the devaluation of our property. This will be a huge disruption to my ability for quiet enjoyment of my home on a day-to-day basis.” Mr. Sutton then ended by saying, “In January 11, 2022 City of Guadalupe Council Meeting Minutes Page 3 of 15 conclusion, I want to thank the community, the City, the Council, Mayor and staff for all that you do and for giving me the space to speak here tonight.”
Mayor Julian then read a brief letter: “To Captain Schmitz, paramedics and firefighters who attended me and provided such professional and calm care meeting my medical needs last week. I thank you.

Also, thanks to Chief Cash who stopped by during their visit.” (The mayor didn’t mention the name of the individual because of medical reasons.)

8. CONSENT CALENDAR
The following items are presented for City Council approval without discussion as a single agenda item in order to expedite the meeting. Should a Council Member wish to discuss or disapprove an item, it must be dropped from the blanket motion of approval and considered as a separate item.

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

B. Approve payment of warrants for the period ending January 5, 2022 and ratify payment of warrants for the period ending December 22, 2021.

C. Approve the Minutes of the City Council Regular Meeting of December 14, 2021, to be ordered filed.

D. Adopt Resolution No. 2022-01 approving a Memorandum of Understanding (MOU) between the City of Guadalupe and Guadalupe Center for Visual and Performing Arts (“GCVPA”) for the Eventual Occupation and Operation of the Royal Theater.

E. Adopt Resolution No. 2022-02 approving the procurement of bus shelters through the CalACT/MTBA Vehicle Purchasing Cooperative, along with other minor bus stop improvements as needed.

F. Adopt Resolution No. 2022-03 approving the response to the Santa Barbara County Grand Jury Report entitled “The Keys to Housing the Homeless”.

G. MONTHLY REPORTS FROM DEPARTMENT HEADS
a. Planning Department Report for December 2021
b. Public Works/Engineering Report for December 2021
c. Recreation & Parks Department Report for December 2021 d. Los Amigos de Guadalupe Update
Item #8. G.d. was pulled. Motion was made by Council Member Cardenas and seconded by Council Member Ramirez to approve the balance of the Consent Calendar. 5-0 Passed.

January 11, 2022 City of Guadalupe Council Meeting Minutes Page 4 of 15 Item #8. G.d. – Mayor Julian asked Thomas Brandeberry to speak on some of the more significant items in his Los Amigos de Guadalupe Update. Mr. Brandeberry said that Nicole Segovia was recently hired filling the vacancy created by the resignation of Sonia Rios-Ventura. He also said that as of the annual meeting, Alma Hernandez is now President of the Board for Los Amigos de Guadalupe. Thomas was President & CEO of the Board but is now Executive Director. Mr.

Brandeberry also said that Stephanie Krouse was hired as Maria Elena Garcia left to be able to participate in the Microenterprise Program. There is an interview panel to hire for the Executive Director position. One candidate has already been interviewed with two (2) more to be seen on Wednesday, 1/12.

He also said that the City received a $4.9M award for Central Park. Final plans for the park haven’t been before the Council yet.

Motion was made by Council Member Cardenas and seconded by Council Member Ramirez to approved Item #8. G.d. 5-0 Passed.

9. CITY ADMINISTRATOR REPORT: (Information Only)
Mr. Bodem said that at the next Council meeting, there will be more restrictions on wearing masks as well as social distancing. Also, “Rent Stabilization” was a topic for a future meeting. He said, “It’s been hard to get people to speak on both sides of this issue. I’ve contacted the UCSB Sociology Department as well as the City of Santa Barbara. But I’m still working on it.” The two (2) ad hoc committees were mentioned, for O’Connell’s playground equipment and the auditorium. CM Cardenas gave an update on the playground equipment. She said, “We met on December 16th and received nine (9) bids from the RFP for park playground equipment. A survey had gone out to the community for feedback, which is now closed. Ms. Sweeney, Public Works Director added, “There were over 200 responses received voting on the equipment options. This will be discussed further in the Recreation & Parks Commission meeting tomorrow.” CM Robles gave his update on the auditorium. He said that there was a meeting about 3.5 weeks or so ago and deferred to Ms. Shannon Sweeney for an update as she was asked to get quotes on some items. She said, “We’ve put together a matrix on the ad hoc requests and am getting cost estimates on those items. That matrix will be brought to the Recreation & Parks Commission meeting tomorrow. We might look at moving forward and making some decisions on prioritizing those items based on dollar amounts we have. The matrix is not complete, but we are making progress.”

10. DIRECTOR OF PUBLIC SAFETY REPORT: (Information Only) Chief Cash was not present at the meeting. Mr. Bodem read Chief’s report as follows:

Police
• Due to Covid, Administrative Leave, Accommodated Position, we are at 50% field staffing. • We have one (1) police position that was approved by City Council and budgeted that has gone vacant for three (3) years. I ask City Council support to fill this position immediately to ease the burden on officers working 12-14 days a week to backfill.

January 11, 2022 City of Guadalupe Council Meeting Minutes Page 5 of 15 • Officers are documenting and tracking two (2) crime sprees, “The Trench Coat Bandit” that is burglarizing vehicles in the Treasure Park area. We have video of the suspect to release to the public to try to apprehend him. The other case is “the Loaf Vandal”. We have several documented cases occurring along Guadalupe Street. We have offered a reward and set up a Crime Tip hotline and website to get information to arrest the suspect. • Staff are actively patrolling parks and train station in early mornings and late evenings to discourage homeless encampments.
• We are actively working with other cannabis cites to understand enforcement methods for implementation in City of Guadalupe.
• Great turnout of Public Safety volunteers and youth for monthly food distribution at Senior Center to augment already reliable volunteer group.

Fire:
• One (1) new employee Covid case. Others were exposed but rapid testing showed negative results. An additional Fire employee is showing symptoms and was sent home. Due to Covid and Administrative Leave, Fire staff is at 60%.

CM Ramirez had a question regarding a budgeted vacant position in Police Department which he addressed with Ms. Emiko Gerber, HR Manager. He asked, “If the position was already budgeted, do you need additional support from us (City Council)?” Ms. Gerber responded, “That’s something I’ll review with Todd and Lorena (Zarate) to ensure that the funding is there.”

11. MAYOR’S REPORT- UPDATES
Mayor Julian encouraged all to read the report on all that’s happening here in our city. (He again credited Mr. Bodem for preparing the report.) The mayor gave Ms. Fuentes, the new Recreation Services Manager, the option of leaving or staying through the meeting. She chose to stay. (Prior to proceeding to Regular Business, CM Ramirez reminded Mayor Julian that Item #10. Director of Public Safety had been skipped. Mr. Bodem then read a brief report from Chief Cash who was not in attendance at the meeting. Item #10. was left in numerical order on the agenda rather than showing it after Item #11., which is how it occurred at the meeting.)

REGULAR BUSINESS

12. Appeal of Rejection of Commercial Cannabis Business Permit Application.

Written Report: Philip Sinco, City Attorney
Recommendation: That the City Council consider the appeal filed by Mr. Nice Guy of the rejection of its application for a commercial cannabis business permit.

City Attorney Sinco started off addressing the Council saying, “Because I prepared the staff report and I am representing the City’s position on this item, I am unable to advise you on the procedure on the appeal. Assistant City Attorney Wendy Stockton is here on this item. She and I have not spoken on this matter. Any questions on the appeal, what you can and can’t do, can be directed to her. If January 11, 2022 City of Guadalupe Council Meeting Minutes Page 6 of 15 you have any questions on the City’s intention or City’s point of view, then those can be directed to me.”
He then summarized the appeal and background by saying, “The City held an application process for commercial cannabis business permits to be submitted by November 15, 2021. Five (5) applications were received for retail cannabis business. City Staff and its consultant, HdL, determined that three (3) of those applications were incomplete with missing minor items. On November 29, 2021, letters advising these applications that their applications were incomplete (‘incomplete letters’) were sent to them via email and by mail, informing them about the missing item(s) from their respective applications, and instructing them to submit those items by Monday, December 6, 2021 (5 business days). (Major missing items would disqualify an application.) This letter was sent pursuant to the Guidelines adopted by the City Council.

One of the applicants, Guadalupe Community Project, LLC dba Mr. Nice buy (‘Mr. Nice Guy’) did not submit the requested items by the December 6th deadline. The missing item was a ‘revised insurance declaration document or letter of intent from the insurance agency identifying coverage for the proposed Guadalupe location and to include a minimum $1M per occurrence’. Mr. Nice Guy’s application had included a letter from its insurance agency that stated it provided insurance coverage that the City required and is eligible to be quoted for all these insurance policies but didn’t provide the information.

Mr. Bodem, the City Administrator, contacted Mr. Christopher Glew, the designated contact for Mr.

Nice Guy, on December 7, 2021, by telephone to let him know of the missed deadline. Mr. Glew told Mr. Bodem that he had not received the letter nor the email that the City had sent, but he did confirm that the email and mailing addresses the City had were correct. The missing revised insurance document was promptly sent that same day, December 7th, by Mr. Nice Guy.

Mr. Bodem questioned whether the City could accept or needed to reject Mr. Nice Guy’s application with the missing item even though it was provided one day passed the deadline date. City Attorney Sinco advised Mr. Bodem that there was no authority granted to City staff in the Guidelines or Chapter 9.22 of the City’s Municipal Code (Commercial Cannabis Business) to accept a document required to complete an incomplete application if it was not submitted on the date required. The only recourse for Mr. Nice Guy, as advised by City Attorney Sinco, was to appeal the rejection to the City Council as permitted in Chapter 9.22. An applicant can file a written request for an appeal within 10 days of being notified of the rejection of its application. Mr. Christopher Glew, on behalf of Mr.

Nice Guy, submitted an appeal on December 29, 2021, within the 10-day period.

The appeal by Mr. Nice Guy is based on the two following grounds: 1) the notice of incomplete application was not received and, therefore, didn’t have opportunity to submit the revised document, and 2) the application should not have been deemed ‘incomplete’. The City staff is not taking a position on this second issue, but that is something that the Council needs to decide.” Mayor Julian said that there are people in the audience who’d like to speak on their behalf. City Attorney Sinco also added that if there was anyone in the audience who wished to speak and does not have a stake in the matter, they should be allowed to do so.

January 11, 2022 City of Guadalupe Council Meeting Minutes Page 7 of 15 Mr. Christopher Glew, dba Mr. Nice Guy, spoke saying, “It’s my client’s goal to work together with the City in its meritorious pursuit of the most qualified cannabis operators. The implementation of the cannabis program is obviously an arduous task and made more complicated by the lack of historical data to work from. I’d like to first start off by acknowledging all the hard work and offer our appreciation to both staff and Council’s efforts to date to bring forth this cannabis program for the benefit of the citizens of Guadalupe. Ultimately, I think we can all agree that the City and its citizens want to see the applications scored and selected based on the merits and not an interpretation regarding a very minor issue.

The major components of our appeal are that 1) the application for business permit was filed in November 2021 in a timely manner, and 2) on December 7, 2021, I received a call from Todd (Bodem) saying that he had sent me a letter regarding a missing insurance document. Let me say that Mr.

Bodem was very courteous, helpful and polite in explaining the matter and what steps we need to take to cure this issue. We felt that the application we originally submitted had the document the City was requesting. But Mr. Bodem did indicate to me that it was important we cure this ministerial error and that the missing document could be personally brought to the City office that day.

A driver was dispatched from our Salinas location and an amended insurance document was received by the City staff in a timely manner. We wanted to make sure that our team was all in on our commitment to the City of Guadalupe. I didn’t want to challenge the issue with the originally submitted documentation. I just wanted to fulfill the request and make sure that the City knew we were serious about our application. After this, we received confirmation from Mr. Bodem and other City staff that everything was compliant. Then 16 days later on December 23rd, we received notice that the application was rejected due to the missing insurance item. It should be noted that Mr.

Bodem and the City Attorney said that this was a minor issue.

It’s our contention that 1) original documents were in substantial compliance with requirements of the application materials. Therefore, we need not even consider whether the notice of correction and subsequent corrective action were relevant. We can simply conclude that, in fact, the original letter was compliant. I’d like to quote for you from the actual application procedures and guidelines for commercial cannabis business permit. It’s the one document that’s on the City website that relates to the proof of insurance letter. In that document it states: ‘proof of insurance or a letter of insurability shall be submitted’. That’s the entire instruction with regards to that document. I think if the City looks at the documents I filed with my appeal, they’ll find that, in fact, there is a letter of insurability. Subsequently, I even reviewed the Guadalupe Commercial Cannabis Business Application and the footnotes attached to it. The footnotes in that section read that ‘proof of comprehensive general liability insurance or, and I cite that term ‘or’, evidence by an insurance agency that the cannabis business is insurable’. That’s the direct language from the instructions. The footnote goes on to clarify the intention of the City to ensure that all applicants have insurance before being awarded a permit. And that they can subsequently provide documentation of their insurance before and after the scoring and review.

Therefore, it’s obvious that the intention of the application is to make sure that the applicant is insurable. Once approved, actual insurance must be provided. I think we’ve met all those standards.

However, in the alternative, if the Council finds that the original documentation was not sufficient or immediate corrective action upon actual notice should make waivable the decision to deny. The City clearly wants the best and most qualified applicants. It’s in this regard I request that my client January 11, 2022 City of Guadalupe Council Meeting Minutes Page 8 of 15 be given a fair opportunity to be scored and evaluated on the merits. We want nothing more than a transparent and merit-based evaluation of our application by the City and its trusted advisors.

Thank you and I can answer any questions you may have.” City Attorney Sinco noted that there were no requests from the audience to speak on the matter and turned the discussion back to the City Council.

Mayor Julian said, “This is a heavy-duty item. I appreciate you all coming to speak before us and for the staff for the details of this matter. Do council members have any comments or questions of Mr.

Glew or anything else?” CM Costa, Jr. said, “I understand there could be a miscommunication with the email and post office. A lot of times you don’t get your mail. I appreciate you coming down here explaining all that was happening and Todd’s follow-up letting you know that the requested document wasn’t received. There was one (1) day passed the deadline. Everything else was submitted. I’m good with accepting the appeal and going forward with them continuing the process.”
CM Ramirez then said, “I’m on a similar wavelength as CM Costa, Jr. This is the first time we’re doing this. We’re working out a lot of the kinks with this process. Sounds just like some miscommunication.”
CM Cardenas added, “The two (2) other applicants with missing information. Were they insurance based?” City Attorney Sinco said that there were different minor issues with those other two.

CM Robles said, “I have no problem with accepting their application on a clerical error. Take it in and go from there.”
CM Ramirez asked, “Were the other people given the same opportunity. Same diligence? Same treatment was given to all?” Mr. Bodem said, “The other two applicants also received letters giving them five (5) days to respond with the requested missing information. They both followed up within the five-day window. Three letters were sent out saying application was incomplete. I called Mr.

Nice Guy stating the missing document was not received. We did get it one day late.” City Attorney Sinco added, “There was no obligation to call the other two (2) applications. They were all treated the same.”
Mayor Julian said, “Seems like you have a consensus, so you don’t need my vote.” City Attorney Sinco said, “One of the recommendations is, regardless which way you decided, to direct it back to staff to come up with findings for a resolution to document for the record. How does the Council feel about the issue of the incomplete letter from the City Administrator that was sent out in error because initial application was in compliance?
Mayor Julian said, “Regarding computers, emails and the mail…I know at that time the staff may have had different work schedules. Like the person driving up here to give us the document, it was a rush thing. They made an effort to make sure they complied with what we requested. As was said, this is a minor issue not a high priority issue. And as CM Ramirez said that this is the first rodeo for us. HdL is really making us toe the line regarding what we need to be doing. And I appreciate their patience with us in terms of deadlines. Hard to question on email and postal service mail and put any weight on that. I’m of the opinion to allow their appeal to go through.” January 11, 2022 City of Guadalupe Council Meeting Minutes Page 9 of 15 City Attorney Sinco then said, “The two grounds for this appeal are: 1) they didn’t have actual notice, and 2) the City shouldn’t have sent the incomplete letter as their document that they submitted was complete when first sent in based on requirements stated on the City website. Staff didn’t take a position on that, but the Council could. If Council agrees with that, we can include that in the resolution. Now I have direction once you take action to grant the appeal.” Motion was made by Council Member Costa, Jr. and seconded by Council Member Ramirez to grant the appeal and direct staff to prepare a resolution with appropriate findings and bring it back to the Council for adoption.” Roll Call: Ayes: Ramirez, Cardenas, Costa, Jr., Robles, Julian Nos: 0 5-0 Passed.

Mayor Julian said, “Thank you staff for all your hard work on this.”

PUBLIC HEARING

13. Proposition 218 hearing and introduction of ordinances affirming, revising, and setting fees and rates for water and wastewater service.

Written Report: Shannon Sweeney, Public Works Director/City Engineer Recommendation: That the City Council:
a. Review staff report;
b. Conduct Proposition 218 protest hearing;
c. Introduce by title only (first reading) Ordinance No. 2022-498, an ordinance of the City Council of the City of Guadalupe, California affirming, revising, and setting fees and rates for water service.
d. Introduce by title only (first reading) Ordinance No. 2022-499, an ordinance of the City Council of the City of Guadalupe, California affirming, revising, and setting fees and rates for wastewater service.
e. Continue this matter to the Council’s regular meeting on January 25, 2022, for second reading and adoption of Ordinance No. 2022-498 and Ordinance No. 2022-499.

Ms. Shannon Sweeney briefly explained that the last rate study was in 2014 for 5-year year rate increases which ended on January 1, 2021. She said, “Then in 2021 a consultant did a cost-rate study for both water and wastewater. The Council reviewed that report and asked to have consultant look at rates as they would apply if we removed the base rate for water. That information was brought back at a subsequent meeting. Council then requested that the rates be set up for three (3) years with 3% each year. In 2022, the number of units available under the base rate will change from 6 to 5 and in 2023 from 5 to 4. Also, in 2023 the wastewater base rate will change from 5 to 4. Per the Proposition 218 process, we mailed public notices to all property owners and utility rate payers in Guadalupe 45 days prior to this public hearing. Those notices were in English with notices in Spanish posted on the City’s website and the bulletin board in front of City Hall. The public hearing and first reading are tonight with the second reading tentatively scheduled for January 25, 2022, providing that less than half of property owners or rate payers protest the rate increase tonight and that City Council approves the first reading.

January 11, 2022 City of Guadalupe Council Meeting Minutes Page 10 of 15 The cost-rate study indicated that without these rate adjustments, there will be insufficient funds for the future, for both water and wastewater. They included all costs associated with water and wastewater, including operations, maintenance, debt and capital projects. One of the largest elements in the cost study was to do a hydraulic model and look at what kind of capital projects would be necessary in order to fund the growth here in the City. In 2021 we did a capital project where we installed a waterline here in front of City Hall on Obispo Street, from 9th to 11th Streets.

Currently, we have a $1.5M sewer line from Snowy Plover up to 6th Street. That new sewer line was instrumental in making sure we didn’t have a flooding of our sewer system during our last large storm. We are about one-third of the way through with this line but will continue with it. The proposed rates meet target days cash-on-hand for water and temporary inadequate days cash-onhand for sewer. Once we’re completed with the sewer line project, we then have a $1.0M capital project of replacing the lift station on Hwy 1 which moves about 50% of the sewage for the community, and another $1.0M capital project on Pioneer Street for a lift station replacement. All of those were mentioned in our 2014 Wastewater Master Plan.

The CPI (Consumer Price Index) is already in the rate adjustment. But in 2014, there was the rate adjustment plus the CPI. Inflation this year was 5.6%. We took that into consideration. We’re only recommending a 3% rate increase. The rate adjustment is a flat 3%. Not 3% plus inflation. In comparing ourselves with our neighboring cities, even with these rate adjustments, we remain below the average in our community.” The discussion returned to the Council.

Public Hearing Opened @6:53p.m.

Mayor Julian read a brief letter submitted by Refugia (Ruth) Hernandez, dated 12/29/21. “I, as the property owner and customer of record express opposition to the proposed rate changes; inclusive rates for sewer and water. I, submit crucial data: Assessor’s parcel Number: 115-071-012, Street Address: 4633 Ninth Street. Sincerely, Refugia (Ruth) Hernández.” The mayor asked Ms. Sweeney how many customers (billings) did the City have. She said, “There are different numbers for water and wastewater. But probably in the low 2,000’s…between 2,100 to 2,300.” Mayor Julian then said, “We need half of the property owners or rate payers to protest for this not to happen.” There were no further comments.

Public Hearing closed @6:55p.m.

Mayor Julian said, “What’s not included here which is a small item, maybe not small, compared to the actual hard stuff, the pipes, the digging, the contracting…staff expenses are going up. There’s 10% increase on expenses, just on health insurance. We’ll need more staff. Extensive work and prep work are expensive but needs to be done. This may be hard for low-income residents, but we need to make sure that our whole system works. I appreciate the excellent work that was done here.”
January 11, 2022 City of Guadalupe Council Meeting Minutes Page 11 of 15 CM Ramirez asked of Ms. Sweeney, “PG&E and other utilities have a ‘CARE Program’. Do any cities through the state do something like that?” She responded, “Private companies can do that. But Prop 218 rules say that we can only charge the value of the service. By providing lower rates for lower-income people ends up with higher-income people subsidizing lower-income people. It would actually be a violation of Prop 218. Public agencies don’t have the flexibility to offer those rate adjustments that private companies, like PG&E, can do.” Motion was made by Council Member Ramirez and seconded by Council Member Cardenas to introduce for first reading Ordinance No. 2022-498. Roll Call: Ayes: Ramirez, Cardenas, Costa, Jr., Robles, Julian Noes: 0 5-0 Passed.

Motion was made by Council Member Ramirez and seconded by Council Member Costa, Jr. to introduce for first reading Ordinance No. 2022-499. Roll Call: Ayes: Ramirez, Cardenas, Costa, Jr., Robles, Julian Noes: 0 5-0 Passed.

Motion was made by Council Member Ramirez and seconded by Council Member Cardenas to continue ordinances for second reading at the January 25, 2022, meeting. 5-0 Passed.

14. Short-Term Rentals Ordinance.

Written Staff Report: Philip F. Sinco, City Attorney
Recommendation: That the City Council introduce on the first reading, and continue to its meeting of January 25, 2022, for second reading and adoption, an ordinance regulating short-term rentals in the City of Guadalupe and amending various provisions of Title 18 (Zoning) of the Guadalupe Municipal Code.

City Attorney Sinco said that this is the fourth or fifth time this ordinance is being presented before the Council. He gave a brief summary: The Council had the option of banning short-term rentals or regulating them. The Council chose to regulate them. There was a focus on certain items, such as a business license, paying the Transient Occupancy Tax, etc. A draft was brought forward based on that direction, but more information was requested so that rules could be enforced. Several meetings occurred to ‘add more teeth’ to the ordinance.

He said, “One issue that needs to be resolved: the number of days that an un-hosted rental can operate. There’s also the question asked before that if the Council changed its mind on the ordinance, what could happen. We’d have to give some sort of notice to anyone who has received an Administrative Use Permit, to give the owner reasonable time to continue their operation. The Council can make that determination to phase out after a period of time, maybe somewhere between one to five years. I’ve put a provision in the ordinance that states that the City Council reserves the right to stop the short-term rentals. Also, that staff will probably put that in the standard conditions for un-hosted short-term rentals as an extra awareness of that right of the Council.”
January 11, 2022 City of Guadalupe Council Meeting Minutes Page 12 of 15 City Attorney Sinco then said, “The issue I referred to that Council had not reached agreement on was how many days these un-hosted short-term rentals could operate. There was a range of 90 on the lower-side and 180 on the upper-side. I started with 120 days and will change, if directed to do so. We’re at 120 days a year that they would be allowed to operate, which is essentially every weekend.”
He went on to say, “There was also the question of parking. I had an issue with requiring onsite parking as I felt it could be challenged. In doing research, I found that some cities require onsite parking and others limit cars per rental, such as one car per bedroom. I’m comfortable now with requiring onsite parking. If that means making the garage available, so be it. Public Safety is okay with a sign displayed on the dashboard showing permission to be on the property. Also, Chief Cash had a concern that the lease agreement be onsite. There’s no lease agreement as everything is done online. If there’s a disturbance, the Police Department needs to know who is allowed to be at the rental. Language was put in the ordinance requiring that names of all persons with permission to be on the property be provided to the local contact person of the un-hosted rental, who must be available 24/7 and who must respond within 30 minutes if called for a disturbance. Also added was the requirement that any license plate numbers for any vehicles associated with the rental be in the possession of the local contact person.

To implement this, it will be necessary to make these conditions in the Administrative Use Permits that are issued. It’s in the ordinance but to have the people know that they’re required to do it, we’re going to put it in the conditions. Most of these more strenuous regulations will only apply to unhosted short-term rentals because we all agree that those are the ones that have the potential for more abuse. We have less concern to regulate the hosted short-term rentals. Again, I feel comfortable that that’s a legitimate distinction to make. I think I covered all the outstanding issues that we were unable to get the ordinance approved the last time.” The discussion returned to the Council.

Mayor Julian asked, “This is pretty solid. One question: how do we go about knowing who these people are? The ones who have these short-term rentals?” City Attorney Sinco said, “That’s not something the ordinance can help. We’re just going to have to figure out as a staff based on complaints, observation, etc. People at Pasadera have already come to a meeting saying their neighbors are running these rentals. We’ll get that information and will be able to investigate it.

It’ll take a little effort to reach a level to improve it as a code enforcement matter. But we’ll be able to at some point, especially with the assistance of the neighbors.” The mayor said, “Well, I think that once the word gets out, the people having problems will see this as something good.” CM Ramirez suggested that a flyer be sent with water bills showing that the Short-Term Rental Ordinance was approved.

Anna Marie Michaud, City Treasurer, said that there was an error on the Fiscal Impact of the staff report. She said, “The section on what the transient occupancy taxes would be for the current 10- 12 short-term rentals in the City, it should show $12,000 (not $12,000,000) to $15,000 annually.” January 11, 2022 City of Guadalupe Council Meeting Minutes Page 13 of 15 The mayor went back to the subject of maximum days to operate an un-hosted short-term rental in a year’s time which was 120 days. He said that that had been approved in a prior meeting. City Attorney Sinco said that that he thought it was still outstanding but that the ordinance does have the 120-day maximum for un-hosted short-term rentals.

CM Costa, Jr. mentioned that his sister was at an Airbnb and had to list all those staying in the rental.

City Attorney Sinco said he had a similar experience over New Year’s Eve. CM Ramirez also said that he rented an Airbnb in San Diego and only one (1) car was allowed.

City Attorney Sinco reminded the Council that they can ban short-term rentals (less than 30 days) but cannot ban long-term rentals.

Motion was made by Council Member Ramirez and seconded by Council Member Gene Costa, Jr. to approve Ordinance No. 2021-497 and continue to second reading on January 25, 2022. Roll Call: Ayes: Ramirez, Cardenas, Costa, Jr., Robles, Julian Noes: 0 5-0 Passed.

City Attorney Sinco said, “The comments from the Council were appreciated to fine tune the ordinance. Mayor Julian also thanked Chief Cash for his comments and input.

15. FUTURE AGENDA ITEMS
CM Ramirez said, “This was unscheduled already – Sign Ordinance”. City Attorney Sinco said that he was hoping to find time between Christmas and New Year’s to research this but wasn’t able to do so but will look into this.

16. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS
CM Ramirez said, “Over the holiday break, I contracted the latest variant. I did get the booster before. Our pharmacy here in Guadalupe gives vaccines and boosters, too. There’s no appointment necessary. Also, I want to say that CHC did a really good job from inception to follow-up.” CM Cardenas mentioned that the “Touch of Style” proclamation has been moved to the 1/25 meeting. She also said, “A friend of mine, Chris Cortez, got motivated and wants to do something with the Royal Theatre. He’s made contact with Mira and Chachi. He’s from Guadalupe and he’s traveled and performed around the country. He’s very interested in the arts here in Guadalupe.” CM Robles said he attended a wrestling tournament over the weekend at Clovis High School. He said, “There’s a wrestler from Guadalupe, Dominic Mendez, who’s ranked #1 in the State at 116 lbs.

He wrestled the #1 seed and beat him, 6-0 to win. This is one of the toughest tournaments, too. It brings in wrestlers from Oregon, Colorado, and Illinois who have already committed to major universities. Dominic has signed a letter of intent to attend Cal Poly. These high schools are the best of the best. The award for this tournament is a cowboy hat. Mayor Julian said, “This is going January 11, 2022 City of Guadalupe Council Meeting Minutes Page 14 of 15 to be on Hannah’s performance evaluation: how many kids came from here and went on to Cal Poly?”
Mayor Julian also said, “Thanks for mentioning the Buchanan Tournament. Clovis is one of the powerhouses in wrestling in the nation. It’s good to see Guadalupe represented. Also, last Thursday, 1/6, at the Food Bank distribution, 274 families were served with 1474 individuals receiving food. We also received food from Knights of Columbus of St. Joseph Church. They’re still taking in food from volunteers but because of Covid, there was extra food which we distributed at our Food Bank.”

17. ADJOURNMENT TO THE SUCCESSOR AGENCY BOARD MEETING
Motion was made by Council Member Cardenas and seconded by Council Member Ramirez to adjourn to the Successor Agency Board Meeting. 5-0 Passed. The regular meeting adjourned to the Successor Agency Board meeting at 7:23 p.m.

SUCCESSOR AGENCY

18. Recognized Obligation Payment Schedule for the July 1, 2022, through June 30, 2023, period.

Written Report: Cheryl Murase, Consultant to the Successor Agency Recommendation: That the Successor Agency adopt SA Resolution No. 2022-01 entitled “Resolution of the Successor Agency to the Redevelopment Agency of the City of Guadalupe approving the Recognized Obligation Payment Schedule for the July 1, 2022, through June 30, 2023, period”.

In Ms. Murases’s absence, Mr. Bodem addressed this item. He said, “As you know, the City had the ability to use redevelopment funds for various projects. However, in 2012, Gov. Brown disposed of the Redevelopment Agency. The City was left with properties, bonds to be paid, etc. which we are still obligated to pay. We can garner funds as staff on the administrative level, and, also pay for the bonds and other things that are allowed. There are two things: 1) administrative fees that we can capture for our time, and 2) also payments for bonds that we’re obligated to pay. There’s a ROPS (Recognized Obligation Payment Schedule) set up for July 1 through December 2022 and January 1 through June 2023. It starts here, with the Council approving these payments. Then it goes to the County on January 19th and then to the Department of Finance for final approval.” He continued saying, “There are two amounts that need approval: 1) $188,872, which pays for 50% of my wages and the Finance Director, then the Attorney and covers some other expenses.

Normally, they charge 15% the City’s administrative and finance costs. The reason it’s higher, per Chery Murase, is because Al’s Union also has some obligations for clean-up. They applied for a Super Fund grant to help reimburse. That’s outside all of this but if we don’t get the Super Fund, there’s $100,000 left. We’re still trying to tie up things financially. We want to make sure there’s enough money and we don’t have to take it out of our General Fund. We can take it out of this January 11, 2022 City of Guadalupe Council Meeting Minutes Page 15 of 15 fund; and 2) $1,050,059, enforceable obligations for bond proceeds, reserve funds, for the two periods, July 2022-December 2023 and January 2023 – June 2023.” Motion was made by Council Member Costa, Jr. and seconded by Council Member Ramirez to approve Successor Agency Resolution No. 2022-01. Roll Call: Ayes: Ramirez, Cardenas, Costa, Jr., Julian. Noes: 0 5-0 Passed.

19. ADJOURNMENT
Motion was made by Council Member Cardenas and seconded by Council Member Costa, Jr. to adjourn. 5-0 Passed. The meeting adjourned at 7:28 p.m.

Prepared by: Approved by:
_____________________________________ ________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor

Page 1 of 1 ends

Agenda Item No. 7C

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of January 25, 2022
_______________________________ _________________________________ Prepared by: Approved by:

Philip F. Sinco, City Attorney Todd Bodem, City Administrator SUBJECT: Second Reading of Ordinance No. 2022-497 Concerning Short-Term Rentals RECOMMENDATION:

That the City Council adopt, on the second reading, Ordinance No. 2022-497 regarding shortterm rentals.

BACKGROUND:

The City Council introduced Ordinance No. 2022-497 at its meeting on January 11, 2022. This constitutes the second reading of the ordinances.

ATTACHMENTS

1. Ordinance No. 2022-497 entitled “An Ordinance of the City of Guadalupe, California Adding Chapter 18.55 to Title 18 and Amending Various Other Sections of Title 18 of the Guadalupe Municipal Code Regulating the Short-Term Rental of Residential Dwelling Units.”
Philip Sinco
ORDINANCE NO. 2022-497
AN ORDINANCE OF THE CITY OF GUADALUPE ADDING CHAPTER 18.55 TO TITLE 18 AND AMENDING VARIOUS OTHER SECTIONS OF TITLE 18 OF THE

GUADALUPE MUNICIPAL CODE REGULATING THE SHORT-TERM RENTAL OF

RESIDENTIAL DWELLING UNITS
WHEREAS, the City of Guadalupe has a number of existing, unpermitted, dwelling units being used as short-term rentals defined as any occupancy of less than thirty (30) consecutive days; and
WHEREAS, the City Council of the City of Guadalupe has determined not to completely ban shortterm rentals, although it reserves the right to discontinue permitting short-term rentals, instead choosing to regulate them;
WHEREAS, the City Council intends that short-term rental regulations that allow limited shortterm rentals should preserve residential character and establish operating standards to reduce potential noise, parking, traffic, property maintenance, safety, and other impacts on adjacent neighbors as well as provide a process to track and enforce all requirements and ensure appropriate collection of transient occupancy taxes; and WHEREAS, the City Council also intends that short-term rental regulations that allow limited short-term rentals not violate any private conditions, covenants, and restrictions or rules of a homeowners or community association applicable to the owner’s property that may prohibit the owner from using his or her property as a short-term rental unit; and WHEREAS, the City Council considered a proposed ordinance regulating short-term rentals and amending various provisions of the City of Guadalupe Zoning Ordinance Amendment on September 14, 2021; and
WHEREAS, on September 28, 2021, the City Council held a duly-noticed public hearing on the proposed short-term rental ordinance and Zoning Ordinance amendments; and WHEREAS, at the September 28, 2021, meeting, the City Council made some recommendations for the proposed ordinance and directed staff to incorporate these recommendations and bring the ordinance back to the City Council at a future meeting; and WHEREAS, after staff complied with the direction from the City Council, the City Council held a duly-noticed public hearing on the proposed short-term rental ordinance and Zoning Ordinance amendments on December 14, 2021; and
ATTACHMENT 1
WHEREAS, at the public hearing the City Council considered the whole of the record including, but not limited to, any written and oral public comments, staff reports and staff presentations.

NOW, THEREFORE, the City Council of the City of Guadalupe does hereby ordain as follows:

SECTION 1. Chapter 18.55 is hereby added to Title 18 of the Guadalupe Municipal Code to read as follows:

18.55.01 Purpose.

The purpose of this section is to:

A. Allow limited short-term rental uses while preserving residential character and establish operating standards to reduce potential noise, parking, traffic, property maintenance,safety, and other impacts on adjacent neighbors; and
B. Provide a process to track and enforce these requirements as needed and ensure appropriate collection of transient occupancy taxes.

C. Prohibit all short-term rentals except as provided for in this Chapter.

D. The City reserves the right to change the regulations provided in this Chapter at any time, including discontinuing the issuance of short-term rental registrations and/or administrative use permits for Unhosted short-term rentals, notwithstanding any impacts to existing or future shortterm permit holders. Anyone using a residential property as a short -term rental unit pursuant to this Chapter acknowledges and accepts that possibility.

18.55.02 Definitions.

For purposes of this section, the following definitions shall apply:

A. Neighboring properties. The dwelling units located on any properties within 100 feet of the property lines where the dwelling unit on which the short-term rental is located, measured in all directions from these property lines.

B. Host. Any person(s) who, or entity that, is the owner of record of residential real property on which a dwelling unit, or portion thereof, is offered for short-term rental either through a hosting platform or individually as an operator.

C. Hosting platform. A means through which a host may offer a dwelling unit, or portion thereof, for short-term rental. A hosting platform includes, but is not limited to, an internetbased platform that allows a host to advertise and potentially arrange for temporary occupation of the dwelling unit, or portion thereof, through a publicly searchable website, whether the shortterm renter pays rent directly to the host or to the hosting platform.

D. Hosted short-term rental. A short-term rental for which the host resides and maintains a physical presence during the short-term rental period, including being present on the property between the hours of 10:00 p.m. and 6:00 a.m. each day of the short-term rental period.

E. Short-term rental. The use or possession of or the right to use or possess any dwelling unit, or portions thereof in any dwelling unit, for residing, sleeping, or lodging purposes for less than thirty (30) consecutive calendar days, counting portions of days as full calendar days.

F. Short-term renter. A person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license, or other agreement for a period of less than thirty (30) consecutive calendar days, counting portions of calendar days as full calendar days.

G. Unhosted short-term rental. A short-term rental where the Host does not occupy a portion of the dwelling unit that is offered for a short-term rental during the period of the shortterm rental (or does not occupy another dwelling unit located on the same property where the short-term rental is located during the period of the short-term rental).

18.55.03 Permitted use - hosted short-term rentals
Hosted short-term rental uses shall be permitted in all residential zones in the City of Guadalupe subject to the requirements of this Chapter, including compliance with the operating standards, registration provisions, transient occupancy tax payments, and recordkeeping obligations, unless such short-term rentals are specifically prohibited by conditions, covenants, and restrictions and/or by any rules adopted by a homeowners or community association that apply to the property owner and prohibit the Host from using the property as a short-term rental.

18.55.04 Administrative use permit required for unhosted short-term rentals Unhosted short-term rental uses shall be allowed in all residential zones in the City of Guadalupe subject to obtaining an administrative use permit as provided in Chapter 18.72 in addition to compliance with the operating standards, registration requirements, transient occupancy tax payments, and recordkeeping obligations, unless such short-term rentals are specifically prohibited by conditions, covenants, and restrictions that apply to the property and/or by any rules adopted by a homeowners or community association that apply to the property owner and prohibit the Host from using the property as a short-term rental. In addition to any conditions imposed by the Planning Department, conditions imposed for all administrative use permits issued for Unhosted short-term rentals shall include the following conditions:

A. The local contact person shall be required to have the names of all persons who have the permission of the property owner(s) to be at the property for each short-term rental. In addition, the local contact person shall be required to have the license plate numbers for all vehicles permitted to park onsite during the time period of each short-term rental. The local contact person shall promptly provide this information any member of the Police Department upon request. A failure to comply with this provision shall be a misdemeanor violation subject to a criminal citation, or issuance of an administrative citation, at the discretion of Public Safety personnel.

B. Three (3) contacts by Public Safety personnel at an Unhosted short-term rental property within a 20-day period shall permit the City to initiate administrative cost recovery, including for Public Safety personnel’s time and expense, in addition to other administrative cost recovery and imposition of administrative citations and penalties as allowed by this Code.

C. The Host shall sign and submit a “Trespass Enforcement Authorization Letter” authorizing Public Safety personnel to act on behalf of Host and enter the property to correct improper and/or illegal activities if three (3) or more attempts to contact the Host, resident(s), designated local contact, or other responsible party have failed, or have not resulted in correction of the improper and/or illegal activities within a reasonable time after contact has been made.

D. Surveillance cameras shall be installed and positioned in such a way to be able to record all persons coming onto the property of any Unhosted short-term rental (exterior only) during the term of any short-term rental of the property. All recordings shall be kept for a minimum of thirty (30) days and shall be made available to the City upon request.

E. Parking shall be limited to on-site which may require that a garage be required to be made available for renters. All renters’ vehicles shall be required to display a sign on the dashboard of the vehicle indicating that it is permitted to be there by permission of the property owner with the dates of the rental period listed.

F. If the Unhosted short-term rental has outdoor space such as a patio, balcony, courtyard, etc., the Host shall require renters to cease using such outdoor space no later than 9 p.m. on Sundays through Thursdays, and no later than 10 p.m. on Fridays and Saturdays.

18.55.05 Registration Application and Annual Renewal.

A. Registration and Annual Renewal.

1. Application. Prior to advertising or making available any residence for short-term rents, Hosts shall register the residence as a short-term rental with the City. This registration shall be submitted on a form prepared by the City and shall include the name and contact information of the Host, the address of the dwelling unit(s) being used for short-term rental, the contact information for the local contact person, an acknowledgement of compliance with the requirements of the City's Zoning Ordinance, Municipal Codes, applicable health and safety standards, and other information as requested. If the application is for an Unhosted short-term rental, an administrative use permit as provided in Chapter 18.72 must be obtained prior to submitting the application, or such application will be rejected or deemed incomplete.

2. Fee. The registration form shall be accompanied by a filing fee in an amount established by resolution of the City Council and updated from time to time.

3. Application Completeness. The submitted information shall be used to determine whether to register the short-term rental. The Host will be notified if an application is incomplete.

If the Host fails to timely submit the required information or fees necessary to complete the application, the application shall be deemed withdrawn. An application will expire (90) days after submission unless extended by the City Administrator upon a showing of good cause. If an application is incomplete and fees have been submitted, they will only be refunded if City staff does not review the application.

4. Decision. The City Administrator or designee shall be responsible for deciding short-term rental registration applications. After an application is deemed complete, registration shall be approved where:
a. The Host demonstrates the ability to meet the requirements of this Chapter. b. The subject dwelling unit is not the subject of an active code compliance order or administrative citation from the City in the past twelve (12) months. c. A short-term rental registration for the dwelling unit has not been denied or revoked in the prior twelve (12) month period.
d. An administrative use permit has been obtained if the short-term rental is an Unhosted short-term rental property.
e. The Department of Public Safety shall be provided with a copy of the approved registration upon issuance to Host.

5. Validity. An approved registration shall be valid and payable on a fiscal year basis. An approved registration shall be personal to the Host and shall automatically expire upon sale or transfer of the dwelling unit. No registration may be assigned, transferred, or loaned to any other person.

6. Annual Renewal. A registration may be renewed annually upon payment of registration renewal fees and all required transient occupancy tax remittance associated with the short-term rental. The Host shall submit such information concerning the short-term rental activity as may be required to verify the amount of tax paid. Failure to renew prior to the expiration date will result in expiration of the registration.

C. Requirements Not Exclusive. The issuance of a short-term rental registration shall not relieve any person of the obligation to comply with all other provisions of this Code applicable to the use and occupancy of the property.

18.55.06 Operating standards and requirements.

The following operating standards and requirements shall apply to short-term rentals:

A. Legal Dwelling. Short-term rentals may only occur within legal dwelling units with no open code compliance cases.

B. Business license: Any property used as a short-term rental requires approval of a City business license.

C. One Short-Term Rental Allowed Per Host: The same Host may only operate one shortterm rental in the City of Guadalupe.

C. Annual Limit. A dwelling unit may be occupied as an Unhosted short-term rental for no more than one hundred twenty (120) days per calendar year. There is no limit on the number of days a primary residence may be occupied as a short-term rental where the Host is present. For purposes of this Chapter, a Host is considered present when they are on the premises at all times between the hours of 10:00 p.m. and 6:00 a.m.

D. Local Contact Person. For Unhosted short-term rentals, Hosts shall identify to all guests and all occupants of neighboring properties a local contact person to be available twenty-four (24) hours per day, seven (7) days per week during the term of any unhosted stay. The designated local contact person shall:

1. Respond within thirty (30) minutes to complaints regarding the condition or operation of the dwelling unit or the conduct of guests; and

2. Take remedial action to resolve such complaints.

3. The local contact person shall be required to have the names of all persons who have the permission of the property owner(s) to be at the property for each short-term rental. In addition, the local contact person shall be required to have the license plate numbers for all vehicles permitted to park onsite during the time period of each short-term rental. The local contact person shall promptly provide this information any member of the Police Department upon request.

E. Parking. Parking shall be limited to on-site which may require that a garage be required to be made available for renters. All renters’ vehicles shall be required to display a sign on the dashboard of the vehicle indicating that it is permitted to be there by permission of the property owner with the dates of the rental period listed.

F. Special events. Weddings, corporate events, commercial functions, and any other similar events which have the potential to cause traffic, parking, noise, or other problems in the neighborhood are prohibited from occurring at the short-term rental property, as a component of short-term rental activities.

G. Administrative policy. The City Administrator or designee shall have the authority to develop administrative policies to implement the intent of this Section.

H. Transient occupancy tax (TOT). Transient occupancy taxes must be collected for shortterm rentals and paid to the City pursuant to Chapter 3.20 of the Guadalupe Municipal Code.

Collection of transient occupancy taxes for short-term rentals shall be the responsibility of the Host. The hosting platform shall collect TOT if the City and the hosting platform have entered into a voluntary collection agreement (or equivalent) with the City.

I. Records of compliance. The Host shall retain records documenting the compliance with these requirements for a period of three (3) years after each period of short-term rental, including but not limited to records showing payment of transient occupancy taxes by a hosting platform on behalf of a Host. Upon request and reasonable notice, the host shall provide any such documentation to City for the purpose of inspection or audit to the City Administrator or his/her designee.

J. Violations.

1. Notice of Violation. The City may issue a notice of violation to any occupant, owner(s) or operator, pursuant to this Chapter or this Code, if there is any violation of this Chapter committed, caused or maintained by any of the above parties.

2. Administrative Citation. The City may issue an administrative citation to the property owner(s) pursuant to Chapter 1.11 of this Code if there is any violation of this Chapter or this Code committed, caused, or maintained. Nothing in this section shall preclude the City from also issuing an infraction or misdemeanor citation upon the occurrence of the same offense on the same day to any occupant, owner(s) or the operator. Unless otherwise provided herein, any person issued an administrative citation shall for each separate violation be subject to an administrative fine in an amount not to exceed one thousand dollars.

3. Criminal Citation. The City may issue an infraction or misdemeanor citation to any occupant, owner(s) or operator, pursuant to the provisions set forth in Section 1.08.020 (Infractions) or Section 1.08.030 (Misdemeanors) for Municipal Code violations.

K. Revocation of registration. A short-term rental registration issued under the provisions of this Chapter may be revoked by the Planning Director after notice and hearing as provided for in this section, for any of the following reasons:
a. Fraud, misrepresentation, or false statements contained in the application; b. Fraud, misrepresentation, or false statements made in the course of carrying on a shortterm rental as regulated by this Chapter; c. Any violation of any provision of this Chapter or of any provision of this Code; or d. Any violation of any provision of federal, state or local laws.

2. Revocation hearing. Before revoking a short-term rental registration, the Planning Director or designee shall give the responsible Host notice in writing of the proposed revocation and of the grounds thereunder, and also, the time and place at which the Host will be given a reasonable opportunity to show cause why the registration should not be revoked. The notice may be served personally upon the Host or may be mailed to the host at the last known address or at any address shown upon the application at least ten (10) days prior to the date of the hearing. Upon conclusion of the hearing the Planning Director or designee may, for the grounds set forth herein, revoke the registration.

3. Appeal from denial or revocation of registration. Any Host whose application has been denied or registration has been revoked by the Director or designee shall have the right to an administrative appeal before the City Council. An appeal shall be filed in writing on a form provided by the City stating the grounds therefor within ten (10) days of the decision. The City Council shall hold a hearing thereon within a reasonable time and the decision shall be final.

4. Waiting period. Any Host whose registration has been denied or revoked shall be ineligible from applying for a new registration for a twenty-four-month period.

L. Amnesty period for short-term rentals. Notwithstanding any other provision of law, short-term rentals operating on or before the enactment of this Chapter shall be considered existing, unpermitted uses. An amnesty period of three (3) months after the effective date of the ordinance from which this Chapteris derived is being offered to allow these existing, unpermitted uses to be legalized by conforming to the requirements of this Chapter, including, but not limited to, compliance with operating standards and requirements, registration, and recordkeeping obligations, and obtaining of an administrative use permit for any Unhosted short-term rentals.

Transient occupancy tax payments are required for short-term rentals and must be collected and paid during the amnesty period. Applications to bring an existing, unpermitted short-term rental use into compliance shall be approved by the City on or before three (3) months after the effective date of the ordinance from which this Chapter is derived, or the short-term rental use must cease until the City has approved the application. Existing short-term rental uses that do not conform to the requirements of this Chapter shall cease operation within three (3) months of the effective date of the ordinance from which this Chapter is derived and shall be prohibited from resuming unless and until the use conforms to the requirements of this Chapter.

SECTION 2. Section 18.20.020 of Title 18, Chapter 18.20 of the Guadalupe Municipal Code is hereby amended to read as follows:

18.20.020 Permitted uses.

Permitted uses in the R-1 district include:

A. One single-family dwelling; the dwelling shall be of a permanent character, placed upon a permanent foundation, and shall not be a mobile home or other temporary or vehicular type of dwelling;
B. Accessory buildings or uses, such as garages, patios, swimming pools or storage sheds, which are normally incidental to a single-family residence if constructed simultaneously with or subsequent to the main building on the same lot;
C. The storage of recreational (trailer) vehicles within the rear yard provided that said vehicle is located a minimum of 5 feet from all property lines and structures; D. The storage of recreational (trailer) vehicles within the side yard (or street side yard of corner lots) provided that all of the design standards contained in Municipal Code Section

18.60.035 can be met;
E. Group dwellings with 6 or fewer residents, such as boardinghouses, family care homes, rest homes, convalescent homes, or other similar residential uses, provided that there shall not be more than one residing occupant for each 500 square feet of land within the lot or parcel on which the dwellings are located;
F. A minimum of 60% of the rear yard area shall be retained for landscaping. Storage of RVs, boats, trailers and other vehicles shall be stored on a paved surface for which zoning clearance is required;
G. Small family daycares;
H. Large family daycares, provided that no large family daycare is closer than 300 feet from another;
I. Home occupations;
J. Keeping household pets.;
K. Hosted short-term rentals as permitted by Section 18.55.03.

SECTION 3. Section 18.20.030 of Title 18, Chapter 18.20 of the Guadalupe Municipal Code is hereby amended to read as follows:

18.20.030 Conditional uses.

Uses permitted subject to obtaining a conditional use permit, or an administrative use permit when allowed, in the R-1 district include:

A. A church, public or private elementary school, park, playground, public utility building or public building, along with required parking;
B. Accessory buildings or uses normally incidental to a single-family residence, if constructed or installed prior to the main building on the same lot; C. Employee housing as defined by Section 18.08.328 of this title, where accommodations are provided to 7 or more employees in a dwelling unit, or on a single parcel if there is also an accessory dwelling unit and/or a junior accessory dwelling unit in addition to the primary dwelling unit on the parcel.

D. Unhosted short-term rentals as permitted by Section 18.55.04.

SECTION 4. Section 18.21.020 of Title 18, Chapter 18.21 of the Guadalupe Municipal Code (regarding R-1 (SP) Residential Single Family – Low Density (Specific Plan)) is hereby amended to read as follows:

18.21.040 Permitted uses.

Permitted uses are limited to those outlined in the adopted specific plan, and short-term rentals as permitted by Sections 18.55.03 and 18.55.04. For the DJ Farms specific plan, schools and public parks are permitted.

SECTION 5. Section 18.24.030 of Title 18, Chapter 18.24 of the Guadalupe Municipal Code (R-1- M Single-Family (Medium-Density) Residential District) is hereby amended to read as follows:

18.24.030 Conditional uses.

Uses permitted subject to obtaining a conditional use permit, or an administrative use permit when allowed, in the R-1-M district shall be the same as those listed in Section 18.20.030 for the R-1 district.

SECTION 6. Section 18.28.020 of Title 18, Chapter 18.28 of the Guadalupe Municipal Code (R-2 Multiple Dwelling (Medium-Density) Residential District) is hereby amended to read as follows:

18.28.020 Permitted uses.

Uses permitted in the R-2 district include:

A. One or more single-family or multiple-family dwellings, including apartment houses or condominiums, provided that there shall be no more than one dwelling unit for each 3,000 square feet of land within the lot or parcel on which the dwelling is located. All dwellings shall be of a permanent character, placed upon a permanent foundation, and shall not be a mobile home or other temporary or vehicular type of dwelling; B. All multiple units in R-2 medium-density residential zones placed on one lot must be attached;
C. Group dwellings with 6 or fewer residents, such as boardinghouses, family care homes, rest homes, convalescent homes, or other similar residential uses, provided that there shall not be more than one residing occupant for each 500 square feet of land within the lot or parcel on which the dwellings are located;
D. Accessory buildings or uses, only if constructed simultaneously with, or subsequent to, the main building on the same lot;
E. Public park or playground;
F. A minimum of 60% of the rear yard area shall be retained for landscaping. Storage of RVs, boats, trailers and other vehicles shall be stored on a paved surface for which zoning clearance is required;
G. Hosted short-term rentals as permitted by Section 18.55.03.

SECTION 7. Section 18.28.030 of Title 18, Chapter 18.28 of the Guadalupe Municipal Code (R-2 Multiple Dwelling (Medium-Density) Residential District) is hereby amended to read as follows:

18.28.030 Conditional uses.

Uses permitted subject to obtaining a conditional use permit, or an administrative use permit when allowed, in the R-2 district include:

A. Group dwellings with more than 6 residents, such as boardinghouses, family care homes, rest homes, convalescent homes, or other similar residential uses, provided that such a group dwelling shall not be located within 300 feet of the boundaries of a parcel containing another group dwelling, unless a conditional use permit is issued on the basis that waiver of such separation requirement would not be materially detrimental or injurious to the property, improvements or uses in the immediate vicinity;
B. A church, public or private elementary school, public utility building or public building, along with required parking;
C. Accessory buildings or uses normally incidental to a single-family residence, if constructed or installed prior to the main building on the same lot; D. A home occupation;
E. Employee housing as defined by Section 18.08.328 of this title, where accommodations are provided to 7 or more employees in a dwelling unit, or on a single parcel if there is also an accessory dwelling unit and/or a junior accessory dwelling unit in addition to the primary dwelling unit on the parcel;
F. Unhosted short-term rentals as permitted by Section 18.55.04.

SECTION 8. Section 18.32.020 of Title 18, Chapter 18.32 of the Guadalupe Municipal Code (R-3 Multiple Dwelling (High-Density) Residential District) is hereby amended to read as follows:

18.32.020 Permitted uses.

Uses permitted in the R-3 district include:

A. One or more single-family or multiple-family dwellings, including apartment houses or condominiums, providing there shall be no more than one dwelling unit for each 1,700 square feet of land in the lot or parcel on which the dwellings are located; B. Group dwellings with 6 or fewer residents, such as boardinghouses, family care homes, rest homes, convalescent homes, or other similar residential uses, provided that there shall not be more than one residing occupant for each 500 square feet of land within the lot or parcel on which the dwellings are located;
C. Offices, recreation facilities, dining rooms, laundry facilities and other incidental uses constructed simultaneously or subsequent to the main building on the same lot; D. A church, public or private school, public building, public utility building, park or playground;
E. A minimum of 60% of the rear yard area shall be retained for landscaping. Storage of RVs, boats, trailers and other vehicles shall be stored on a paved surface for which zoning clearance is required.;
F. Hosted short-term rentals as permitted by Section 18.55.03.

SECTION 9. Section 18.32.030 of Title 18, Chapter 18.32 of the Guadalupe Municipal Code (R-3 Multiple Dwelling (High-Density) Residential District) is hereby amended to read as follows:

18.32.030 Conditional uses.

Uses permitted subject to obtaining a conditional use permit, or an administrative use permit when allowed, in the R-3 district include:

A. Mobile home parks or recreational vehicle parks;
B. Mortuaries;
C. A home occupation;
D. Group dwellings with more than 6 occupants, such as hotels, motels, boardinghouses, family care homes, rest homes, convalescent homes or other similar residential uses, provided that such a group dwelling shall not be located within 300 feet of the boundaries of a parcel containing another group dwelling, unless a conditional use permit is issued on the basis that waiver of such separation requirement would not be materially detrimental or injurious to the property, improvements or uses in the immediate vicinity; E. Accessory buildings or uses normally incidental to one of the uses permitted above, if constructed or installed prior to the main building on the same lot; F. Employee housing as defined by Section 18.08.328 of this title, where accommodations are provided to 7 or more employees in a dwelling unit, or on a single parcel if there is also an accessory dwelling unit and/or a junior accessory dwelling unit in addition to the primary dwelling unit on the parcel;
G. Unhosted short-term rentals as permitted by Section 18.55.04.

SECTION 10. Sections 18.72.150 through 18.72.20 of Chapter 18.72 of Title 18 of the Guadalupe Municipal Code are hereby amended to read as follows:

18.72.150 Issuance conditions.

Administrative use permits (AUP) when required or allowed by this Code shall be issued only if the findings identified in Section 18.72.190 can be made. The Planning Director or designee shall impose such conditions as deemed necessary to serve the purposes of this title, and may require tangible guarantees or evidence that such conditions are being or will be complied with.

18.72.160 Application—Property Owner(s).

Application for an AUP shall be made in writing by the property owner(s).

18.72.170 Application fee.

A fee shall be required to process an AUP in an amount established by resolution of the City Council and updated from time to time.

18.72.180 Application—Director determination.

Upon receipt of the application for an administrative use permit and payment of the application deposit, the Planning Director or designee shall evaluate the request and determine if the findings listed in Section 18.72.090 can be made to approve the request.

18.72.190 Findings for approval.

In order to approve an administrative use permit, the Planning Director or designee shall make specific findings that granting the administrative use permit will not be detrimental to public health and safety, introduce unreasonable adverse impacts to the immediate neighbors, and would not overburden sewer and water services, or overburden traffic flow or parking.

18.72.200 Administrative hearing.

Prior to issuing an administrative use permit under this Chapter, the Planning Director or designee shall cause an administrative hearing to be noticed and held in the following manner:

A. Notice of Hearing. Notice of a public hearing shall contain the information required by Government Code Section 65094 and any additional information the Director deems appropriate.

In addition, the notice shall declare that the application for the administrative use permit will be acted on without a public hearing if no request for a hearing is made.

B. Method of Notice/Distribution. Notice of public hearings shall be given as provided by Government Code Section 65091.

C. Public Hearing. A public hearing on an administrative use permit shall occur only when a hearing is requested by the applicant or other interested person(s). This request shall be made in writing to the Planning Director or designee no later than seven (7) days after the date of the public notice. In the event a public hearing is requested, the hearing on the administrative use permit shall be held on the date and time as defined in the public notice. At the request of the project applicant and/or at the discretion of the Planning Director or designee, a public hearing may be continued from time to time, but notice of the further hearings may be required to be provided again in the same manner as provided by subsection A. All costs associated with noticing shall be borne by the property owner.

D. Conduct of Hearing. At the public hearing, interested persons may present information and testimony relevant to a decision on the proposed AUP.

E. Final Decision. Immediately after the conclusion of public testimony in the case of a public hearing, or no sooner than the date of the meeting specified in the public notice required by subsection A, the Planning Director or designee shall announce the final decision, continue the decision to a future date, or announce that the matter will be referred to the City Council for a final decision.

SECTION 6. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA guidelines, and has been found to be exempt pursuant to §15306 of the CEQA Guidelines(Information Collection) because it does not have the potential to create a physical environmental effect.

SECTION 7. The City Council declares that each section, subsection, paragraph, subparagraph, sentence, clause, and phrase of this Ordinance is severable and independent of every other section, subsection, paragraph, subparagraph, sentence, clause, and phrase of this Ordinance. If any section, subsection, paragraph, subparagraph, sentence, clause, or phrase of this Ordinance is held invalid, the City Council declares it would have adopted the remaining provisions of this Ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this Ordinance should remain in effect after the invalid portion has been eliminated.

SECTION 8. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.

INTRODUCED at a regular meeting of the City Council on the 11th day of January 2022, by the following vote:

MOTION: TONY RAMIREZ / EUGENE COSTA JR.

AYES: 5 Councilmembers: Ramirez, Cardenas, Julian, Robles, Costa Jr.

NOES: 0
ABSENT: 0
ABSTAINED: 0
PASSED AND ADOPTED at the regular meeting of the City Council on the 25th day of January 2022, by the following roll call vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:
__________________________________ ______________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS IS TO FORM:
___________________________________
Philip F. Sinco, City Attorney
Agenda Item No. 7D

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of January 25, 2022
_______________________________ _________________________________ Prepared by: Approved by:

Shannon Sweeney Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: Second Reading of Ordinance No. 2022-498 and Ordinance No. 2022-499 Affirming, Revising, and Setting Fees and Rates for Water and Wastewater Service.

RECOMMENDATION:

That the City Council adopt, on the second reading, Ordinance No. 2022-498 and Ordinance No. 2022-499.

BACKGROUND:

The City Council introduced Ordinance No. 2022-498 and Ordinance No. 2022-499 at its meeting on January 11, 2022. This constitutes the second reading of the ordinances.

ATTACHMENTS

1. Ordinance No. 2022-498 entitled “An Ordinance of the City Council of the City of Guadalupe, California Affirming, Revising, and Setting Fees and Rates for Water Service.”

2. Ordinance No. 2022-498 entitled “An Ordinance of the City Council of the City of Guadalupe, California Affirming, Revising, and Setting Fees and Rates for Wasterwater Service.”
Shannon Sweeney

Page 1 of 4 ends

ORDINANCE NO. 2022-498

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GUADALUPE,

CALIFORNIA AFFIRMING, REVISING, AND SETTING FEES AND RATES FOR

WATER SERVICE
WHEREAS, the City Council of the City of Guadalupe has previously approved rates for water service provided to residents of Guadalupe and the others who use such services; and WHEREAS, Government Code Section 54344 sets forth the legal authority for the City to establish water and wastewater service rates, which allows the City to prescribe, revise, and collect charges for the services, facilities, or water furnished by the City; and WHEREAS, Proposition 218, which has been incorporated into the California Constitution, Articles XIIIC and XIIID, requires that any public agency proposing a new or increased property-related fee or charge, including increases for water and/or wastewater services, provide written notice by mail to the owner of each parcel upon which the fee or charge will be imposed including information on the proposed amount of the fees or charges, the basis upon which the fees or charges were calculated, an explanation of the need for the new or increased fees or charges; and the date, time and location of the public hearing at which the agency will consider the new or increased fees; and WHEREAS, Proposition 218 also requires that a public hearing be held at least 45 calendar days after the mailing of the notice and that a property owner-related fee or charge may not be imposed or increased if a majority submit a written protest.

WHEREAS, Willdan Financial Services completed a Comprehensive Utility Rate Study which was provided to the City Council at its meeting on September 14, 2021, taking into consideration full cost recovery for operating costs, debt and other expenditure requirements, consistency with industry guidance, equity amongst customer classes, and administrative efficiency; and WHEREAS, although approving the rate study, the Council requested additional information that was provided by Willdan Financial Services to the Council at its meeting on October 26, 2021, as a result of which the initially proposed rate adjustments to occur over five (5) years was changed by eliminating the last two (2) years and proceeding with the proposed rate adjustments over three (3) years; and WHEREAS, based on this study and the additional information provided by Willdan Financial Services at the October 26, 2021, meeting, the City Council has determined that the proposed water rates set forth in the attached “Exhibit A” are appropriate and are needed to adequately reflect the cost of providing such services and to avoid a substantial shortfall revenue to the City for such services; and WHEREAS, all requirements of Proposition 218 have been met allowing the record owners of property receiving water service the ability to file a written protest vote against the proposed water rate increases, proper notice of a public hearing, and determination whether a majority protest exists; and ATTACHMENT 1

Page 2 of 4 ends

WHEREAS, after a final count of written protest votes by the City Clerk at the conclusion of the public hearing held on January 11, 2022, it is deemed that a majority protest to the proposed water rate increase does not exist.

NOW, THEREFORE, the City Council of the City of Guadalupe does ordain as follows:

Section 1. Water Service Charges. On the effective date of this ordinance, water service rates charged by the City shall be increased three percent (3%) over the rates in effect on the prior day. Effective January 1, 2023, water service rates charged by the City shall be increased three percent (3%) over the rates in effect on December 31, 2022. Effective January 1, 2024, water service rates charged by the City will shall be increased 3% over the rates in effect on December 31, 2023. In addition, the number of units of water available under the base rate will decrease on the effective date of this ordinance 2022, from six (6) units per billing cycle to five (5) units per billing cycle, and the number of units of water available under the base rate will decrease on January 1, 2023, from five (5) units per billing cycle to four (4) units per billing cycle. Example water service rate increases are as set forth on Exhibit “A” attached to and made a part of this ordinance.

Section 2. Savings and interpretation Clause. This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not affected thereby. If this ordinance, or any section, subsection, or clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and is sections, subsections, and clauses in regards to other contracts shall not be affected.

INTRODUCED at a regular meeting of the City Council on the 11th day of January 2022, by the following vote:

MOTION: TONY RAMIREZ / LILIANA CARDENAS
AYES: 5 Councilmembers: Ramirez, Cardenas, Julian, Robles, Costa Jr.

NOES: 0
ABSENT: 0
ABSTAIN: 0
PASSED AND ADOPTED at a regular meeting of the City Council on the 25th day of January 2022, by the following vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAIN:

Page 3 of 4 ends

ATTEST:
______________________________ ____________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
______________________________
Philip Sinco, City Attorney

Page 4 of 4 ends

ORDINANCE 2022-498

EXHIBIT A
Monthly water
rates
Current
01/11/22
Proposed
Effective Date
Proposed
1/01/2023
Proposed
1/01/2024
Basic rate $31.07
(includes 6 CCF)
$32.00
(includes 5 CCF)
$32.96
(includes 4 CCF)
$33.95
(includes 4 CCF)
Each additional CCF $5.18 $5.34 $5.50 $5.67
1 unit = 100 cubic feet (CCF) = 748 gallons

Page 1 of 4 ends

ORDINANCE NO. 2022-499

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GUADALUPE,

CALIFORNIA AFFIRMING, REVISING, AND SETTING FEES AND RATES FOR

WASTEWATER SERVICE
WHEREAS, the City Council of the City of Guadalupe has previously approved rates for wastewater service provided to residents of Guadalupe and the others who use such services; and WHEREAS, Government Code Section 54344 sets forth the legal authority for the City to establish water and wastewater service rates, which allows the City to prescribe, revise, and collect charges for the services, facilities, or water furnished by the City; and WHEREAS, Proposition 218, which has been incorporated into the California Constitution, Articles XIIIC and XIIID, requires that any public agency proposing a new or increased property-related fee or charge, including increases for water and/or wastewater services, provide written notice by mail to the owner of each parcel upon which the fee or charge will be imposed including information on the proposed amount of the fees or charges, the basis upon which the fees or charges were calculated, an explanation of the need for the new or increased fees or charges; and the date, time and location of the public hearing at which the agency will consider the new or increased fees; and WHEREAS, Proposition 218 also requires that a public hearing be held at least 45 calendar days after the mailing of the notice and that a property owner-related fee or charge may not be imposed or increased if a majority submit a written protest.

WHEREAS, Willdan Financial Services completed a Comprehensive Utility Rate Study which was provided to the City Council at its meeting on September 14, 2021, taking into consideration full cost recovery for operating costs, debt and other expenditure requirements, consistency with industry guidance, equity amongst customer classes, and administrative efficiency; and WHEREAS, although approving the rate study, the Council requested additional information that was provided by Willdan Financial Services to the Council at its meeting on October 26, 2021, as a result of which the initially proposed rate adjustments to occur over five (5) years was changed by eliminating the last two (2) years and proceeding with the proposed rate adjustments over three (3) years; and WHEREAS, based on this study and the additional information provided by Willdan Financial Services at the October 26, 2021, meeting, the City Council has determined that the proposed wastewater rates set forth in the attached “Exhibit A” are appropriate and are needed to adequately reflect the cost of providing such services and to avoid a substantial shortfall revenue to the City for such services; and WHEREAS, all requirements of Proposition 218 have been met allowing the record owners of property receiving water service the ability to file a written protest vote against the proposed water rate increases, proper notice of a public hearing, and determination whether a majority protest exists; and ATTACHMENT 2
WHEREAS, after a final count of written protest votes by the City Clerk at the conclusion of the public hearing held on January 11, 2022, it is deemed that a majority protest to the proposed wastewater rate increase does not exist.

NOW, THEREFORE, the City Council of the City of Guadalupe does ordain as follows:

Section 1. Wastewater Service Charges. On the effective date of this ordinance, wastewater service rates charged by the City shall be increased three percent (3%) over the rates in effect on the prior day.

Effective January 1, 2023, wastewater service rates charged by the City shall be increased three percent (3%) over the rates in effect on December 31, 2022. Effective January 1, 2024, wastewater service rates charged by the City will shall be increased 3% over the rates in effect on December 31, 2023. In addition, the number of units of wastewater available under the base rate for commercial accounts will decrease on January 1, 2023, from five (5) units per billing cycle to four (4) units per billing cycle. Example wastewater service rate increases are as set forth on Exhibit “A” attached to and made a part of this ordinance.

Section 2. Savings and interpretation Clause. This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not affected thereby. If this ordinance, or any section, subsection, or clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and is sections, subsections, and clauses in regards to other contracts shall not be affected.

INTRODUCED at a regular meeting of the City Council on the 11th day of January 2022, by the following vote:

MOTION: TONY RAMIREZ / EUGENE COSTA JR.

AYES: 5 Councilmembers: Ramirez, Cardenas, Julian, Robles, Costa Jr.

NOES: 0
ABSENT: 0
ABSTAIN: 0
PASSED AND ADOPTED at a regular meeting of the City Council on the 25 th day of January 2022, by
the following vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAIN:

Page 2 of 4 ends
Page 3 of 4 ends

ATTEST:
______________________________ ____________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
______________________________
Philip Sinco, City Attorney

Page 4 of 4 ends

ORDINANCE 2022-499

EXHIBIT A
Monthly wastewater rates Current
01/11/22
Proposed
Effective Date
Proposed
1/01/2023
Proposed
1/01/2024
Basic rate -commercial $52.72
(includes 5 CCF)
$54.30
(includes 5 CCF)
$55.93
(includes 4 CCF)
$57.61
(includes 4 CCF)
Each additional CCF $2.22 $2.29 $2.36 $2.43
Basic rate -residential $52.72 $54.30 $55.93 $57.61
1 unit = 100 cubic feet (CCF) = 748 gallons

Page 1 of 2 ends

Agenda Item No. 7E

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of January 25, 2022

_______________________________ _________________________________ Prepared by: Approved by:

Shannon Sweeney Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: SB 1383 Local Assistance Grant Program (FY 21-22) RECOMMENDATION:

1. Authorize City of Guadalupe to submit an application to CalRecycle for any and all grant and payment programs offered.

2. Authorize and empower Shannon Sweeney, Public Works Director, or his/her designee to execute in the name of the City of Guadalupe all documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure funds and implement the approved grant or payment project.

DISCUSSION:

The Department of Resources Recycling and Recovery (CalRecycle) has been tasked with administering a one-time grant program meant to provide aid in the implementation of regulations adopted by CalRecycle pursuant to Chapter 395, Statutes of 2016. This non-competitive grant program will provide funding to local jurisdictions to assist with the implementation of regulation requirements associated with SB 1383.

The City of Guadalupe is an eligible recipient of these grant funds. The estimated funding amount available to the City of Guadalupe is $20,000 for SB 1383 Local Assistance Grant program – FY 2021– 22.

The application for this grant is due by February 1, 2022. The application must include a resolution containing language substantially similar to the attached resolution.

These grant funds may be used for under the sink kitchen waste pails, such as the one pictured below.

City staff has estimated the cost of these pails at $17.00 each. This grant would provide adequate funding to provide such waste pails to approximately one half of the City residents free of charge. This would demonstrate the City’s due diligence in educating the public and implementing the requirements of SB 1383, which requires the recycling of residential kitchen organic waste, beginning January 1, 2022.

Shannon Sweeney

Page 2 of 2 ends

ATTACHMENTS:

1. Resolution No. 2022-04

2. Draft water bill insert

Page 1 of 2 ends

RESOLUTION NO. 2022-04

A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE

AUTHORIZING SUBMITTAL OF APPLICATION(S) FOR ALL CALRECYCLE GRANT AND PAYMENT

PROGRAMS FOR WHICH CITY OF GUADALUPE IS ELIGIBLE
WHEREAS, Public Resources Code sections 48000 et seq., 14581, and 42023.1(g), authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant and payment programs in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and
WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the payment programs; and administration of the application, awarding, and management of the grant programs; and
WHEREAS, CalRecycle’s procedures for administering payment and grant programs require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of the payment and grant program.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Guadalupe as follows:

1. City of Guadalupe is authorized to submit an application to CalRecycle for any and all grant and payment programs offered.

2. Shannon Sweeney, Public Works Director, or his/her designee is hereby authorized and empowered to execute in the name of the City of Guadalupe all documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure funds and implement the approved grant or payment project.

3. These authorizations are effective from the date of adoption through December 31, 2026.

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

PASSED, APPROVED AND ADOPTED at a regular meeting on the 25th day of January 2022 by the following vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTACHMENT 1

Page 2 of 2 ends

I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2022-04 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held January 25, 2022, and that same was approved and adopted.

ATTEST:
______________________________ ____________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
______________________________
Philip Sinco, City Attorney
ATTACHMENT 2

Page 1 of 2 ends

Agenda Item No. 7F

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of January 25, 2022
_______________________________ _________________________________ Prepared by: Approved by:

Shannon Sweeney, Todd Bodem, City Administrator
Public Works Director / City Engineer
SUBJECT: O’Connell Park Play Structure Procurement
RECOMMENDATION:

That the City Council adopt Resolution No. 2022-05 approving the purchase of the O’Connell Park play structure from Zoom Recreation, Inc. in the amount of $53,496.05 DISCUSSION:

O’Connell Park has a location designated for a play structure. The existing play structure was removed several years ago because of its deteriorated condition. The fiscal year 2021– 22 budget included $23,000 for replacement of this play structure. Additional funds were obtained from a T-Mobile grant of $50,000 and $25,000 from the American Rescue Plan for a total of $98,000.

On November 15, 2021, the City solicited proposals for the O’Connell Park play structure procurement.

The request for proposals (RFP) was sent to a list of eleven play structure manufacturers.

The deadline to receive proposals was December 15, 2021. The City received nine proposals from four different manufacturers, with procurement costs ranging from $50,574.41 to $74,264.68. The ad hoc O’Connell Park play structure committee met on December 16 and narrowed the list of preferred options from nine to four. Coincidentally, the four preferred options included one from each manufacturer that proposed.

On January 1, 2022, a survey was distributed to seven Facebook pages requesting community input.

Survey respondents were asked to indicate their favorite of the four options presented. By the survey closing date of January 11, 2022, the City received 276 responses. Results of the survey are attached.

Respondents overwhelmingly preferred option 2, with a total of 125 respondents (45.29%) preparing this option.

The survey results were presented to the Recreation and Parks Commission on January 12, 2022. The Commission concurred with the community and recommended procurement of the play structure from Zoom Recreation, Inc.

Shannon Sweeney

Page 2 of 2 ends

Staff recommends purchase of the play structure from Zoom Recreation, Inc. in the amount of $53,496.05.

FISCAL IMPACT:
$98,000 was earmarked for this project. As part of the RFP, the City requested that the bidders include an estimate of installation and groundcover costs. Zoom estimated $24,000 for installation and $19,085 for groundcover for a total cost of $96,581.05. Assuming that the estimates are accurate, there are sufficient funds to proceed with installation of this project. Once the play structure procurement is underway, City staff will work on play structure and groundcover installation.

ATTACHMENTS:

1. Resolution No. 2022-05

2. Community Input Summary

3. Zoom proposal
RESOLUTION NO. 2022-05

A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE TO AUTHORIZE PURCHASE OF A PLAY STRUCTURE FROM ZOOM RECREATION, INC.

WHEREAS, $98,000 has been earmarked for the purchase of a play structure for O’Connell Park; and, WHEREAS, on November 15, 2021, the City sent a request for proposals to eleven play structure manufacturers; and,
WHEREAS, by the deadline of December 15, 2021 the City received nine proposals from four manufacturers; and,
WHEREAS, the ad hoc O’Connell Park play structure committee narrowed the list of preferred options from nine to four; and,
WHEREAS, these four options were presented to the community on seven Facebook pages for input and by the deadline of January 11, 2022, 276 responses were received which overwhelmingly favored the play structure proposal presented by Zoom Recreation Inc.; and, WHEREAS, the Recreation and Parks Commission at its meeting on January 12, 2022 concurred with the community preference and recommended procurement of the play structure from Zoom Recreation Inc.,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Guadalupe, that it approved procurement of the play structure from Zoom recreation Inc. in the amount of $53,496.05.

PASSED, APPROVED AND ADOPTED at a regular meeting on the 25th day of January 2022 by the following vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAIN:

I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being C.C. Resolution No. 2022-05, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held January 25, 2022, and that same was approved and adopted.

ATTACHMENT 1
ATTEST:
______________________________ ____________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
______________________________
Philip Sinco, City Attorney
Jack O'Connell Park SurveyMonkey
1 / 1

28.62% 79

45.29% 125

18.12% 50

7.97% 22
Q1 Which option do you prefer?¿Cuál opción prefiere Ud.? Answered: 276 Skipped: 0
TOTAL 276
Option 1
Option 2
Option 3
Option 4

ANSWER CHOICES RESPONSES
Option 1
Option 2
Option 3
Option 4
ATTACHMENT 2

PROPOSAL
TO

THE CITY OF GUADALUPE
FOR
O’CONNELL PARK PLAY STRUCTURE PROCUREMENT
NAME OF BIDDER _____________________________________________________________________ BUSINESS P.O. BOX ____________________________________________________________________ CITY, STATE, ZIP_______________________________________________________________________ BUSINESS STREET ADDRESS _____________________________________________________________ CITY, STATE, ZIP_______________________________________________________________________ TELEPHONE NO.: ______________________________________________________________________ FAX NO.:

Item This bid Estimated
Play structure
Play structure taxes
Play structure shipping
Play structure installation
(not included in this
proposal) estimated
Ground cover installation
(not included in this
proposal) estimated
Total
Total Bid Amount shall be shown in both words and figures (for this bid only, do not include estimated).

ATTACHMENT 3

Page 1 of 2 ends

Agenda Item No. 7G

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of January 25, 2022

________________________________ __________________________________ Prepared by: Approved by:

Amelia M. Villegas Todd Bodem, City Administrator
SUBJECT: COVID-19 Athletic/City Auditorium Facilities Use Procedure Agreement RECOMMENDATION:

That the City Council approve the City of Guadalupe COVID-19 Athletic/Auditorium Facility Use Procedure Agreement and adopt Resolution No. 2022-06 for use of the City auditorium facilities for sports/athletic activities.

BACKGROUND:

When the pandemic was announced in March 2020, the City closed the City auditorium and did not allow for any use by the public. It was no longer available for any rental or functional purposes. The restriction for the closure was lifted in the summer last year and the auditorium was reopened. It is currently available to rental with the indoor mask mandate in place, per the County Public Health Order.

In years past, students from McKenzie Middle School and other youth groups have used the auditorium for various sports, such as basketball and volleyball. The City has now been approached by these groups to use the auditorium for their sports activities. However, before such activities are allowed, guidelines/procedures were necessary based on the indoor mask mandate.

The draft of the City of Guadalupe Athletic/Auditorium Facility Use Procedure Agreement was rereviewed at the meeting of the Recreation and Parks Commission on Wednesday, December 8, 2021. A number of issues were discussed such as 1) should a mask be worn while the athlete is actively participating in the activity; 2) should there be a limit of spectators allowed; 3) should temperatures be taken prior to allowing entrance to the auditorium, etc.

The Commission agreed that those actively participating in the sport activity (on the floor) need not wear a mask. Everyone else in the auditorium is required to wear a facial mask. The draft of this procedure stated that “for each official game…each athlete is allowed two spectators regardless of age into the [auditorium]”. The Commission deleted that section showing no limitation of spectators/attendees.

The other section deleted was the taking of temperatures prior to entrance.

Amelia M. Villegas

Page 2 of 2 ends

One Commissioner felt that the procedure was too restrictive and should follow the less restrictive procedures and policies that several of the schools are using. This is a fluid document and future governmental laws, and mandates will dictate what the restrictions should be in place.

Finally, this document had not been reviewed by the City Attorney before it was approved by the Recreation and Parks Commission, and the City Attorney suggested that some revisions be made both for legal purposes and for purposes of clarification. Because the changes to the procedure were not substantive, the revised procedure was not re-reviewed by the Recreation and Parks Commission. A version with the City Attorney’s suggested revisions in “redline” is attached as Attachment 1 to this report. A “clean” version with all of these recommended changes included is attached hereto as Attachment 2.

FISCAL IMPACT:

There is no fiscal impact as the Responsible Party (the person(s) who completes and signs the Agreement) coordinates all details outlined in the Agreement.

ATTACHMENT:

1. City of Guadalupe COVID-19 Athletic/Auditorium Facility Use Program Agreement (City Attorney “redline”)

2. City of Guadalupe COVID-19 Athletic/Auditorium Facility Use Program Agreement (“clean”)

3. Resolution No. 2022-06
Atty. Rev 1/17/2022
Formatted: Font: 9 pt, Not Bold
City of Guadalupe COVID-19 Athletic/Auditorium Facility Use Procedure Agreement This COVID-19 Athletic/Auditorium Facilities Use Agreement (“Agreement”) is made and entered into on _______________ between the City of Guadalupe and_____________________.

Responsible Party: The person(s) who completes and signs this Agreement shall be the Responsible Party. The Responsible Party shall coordinate all athletic event details and outlined COVID-19 procedures detailed below with all participants of the event. from the Responsible Parties organization.

Responsible Party’s Obligations:
a) The Responsible Party shall assume responsibility for advising all participants and their guardians of the required COVID-19 procedures outlined below. on behalf of the City of Guadalupe.
b) The Responsible Party understands that in the event their organization does notany failure to fully comply adhere to with the COVID-19 guidelines procedures outlined below required as a condition of use of the Guadalupe Auditorium herby referred to as the “Facility,” their this facility use aAgreement will be terminated without refund or notice. c) The Responsible Party understands that all participants in the event, including athletes, coaches, referees, and spectators must wear a facial covering upon Upon entry into the Facility., the user understands all participants must wear a facial covering mask. When an athletes are actively participating in physical activity directly related to the althletic event, the athletes areis allowed to remove their masks during the duration of the time they are participating in active physical activity. For purposes of this Agreement, “active physical activity” does not include being present on the bench orsidelines during an althetic event.

Coaches and referees shall be required to wear masks at all times during the event. d) All individuals not engaged in active physical activity must wear a mask at all times while inside the Facility, except when actively drinking water. No food shall be served or allowed to be consumed at the event (unless necessary for a medical or similar reason). d) .

Formatted: Not Highlight
Formatted: Not Highlight
Formatted: Not Highlight
Formatted: Not Highlight
Formatted: Indent: Left: 0.5", No bullets or
ATTACHMENT 1
Atty. Rev 1/17/2022
Formatted: Font: 9 pt, Not Bold
e) Upon entry into the Facility all participants must submit to a temperature check performed by the Responsible Party. In the event a participant has temperature above a

1.5-degree variation from 98.6F, the Responsible Party will deny entry of that individual. f)e)Upon entry into the Facility all participants will be required to sanitize their hands with sanitizer provided by the Responsible Party.
g) During the duration of team practices, only athletes and coaches as defined by the Responsible Party will be permitted in the Facility.
f)
h) For each official game the Responsible Party understands each athletize is allowed two spectators, regardless of age, into the Facility. It is the responsibility of the Responsible Party to advise athletes and their guardians of this policy prior to the arrival at the Facility. i)g) The Responsible Party shall require all athletes, or if they are minors, their parents or guardians, to complete the City of Guadalupe Assumption of Risk, Hold Harmless, and Indemnification Agreement, attached hereto, outlined below as a condition of entry for each participate.

Termination/Cancellation: This Agreement to use the Facility is granted subject to observance of current CDC, State of California, and Santa Barbara County Guidance. The City of Guadalupe may revoke this Agreement effective immediately upon the Responsible Party’sies failure to comply with any COVID-19 procedures outlined above without a refund. The City of Guadalupe may terminate the Agreement without notice in the event of an emergency which, in the opinion and sole discretion of the City of Guadalupe, would make the use of the facility unfeasible. In case of such emergency, Responsible Party shall be issued a refund.

Facilities Use Agreement Addendum: If there is a Facilities Use Agreement Addendum (“Addendum”) attached to this Agreement, the parties to this Agreement incorporate by reference, as though fully set forth herein, those specific paragraphs outlined in this Addendem.

Modifications of this Agreement: This Agreement contains the COVID-19 protocols outlined by the City of Guadalupe, as a condition of use of the Guadalupe City Auditorium. Any modifications, changes or amendments to this Agreement must be written and signed by all Pparties to thise Agreement. Notwithstanding above, the Parties to this Agreement incorporate by reference, as though fully set forth herein, those specific paragraphs outlined by the Parties in the attached Facility Use Agreement Addendum.

Acceptance of Terms: I have read and understand the above terms and conditions and agree to abide by these terms and conditions.

Responsible Party Signature: _______________________________________ Date: _________ Printed Name and Title: __________________________________________________________ Formatted: Font: 12 pt
Formatted: Numbered + Level: 1 + Numbering Style:
a, b, c, … + Start at: 1 + Alignment: Left + Aligned at:

0.25" + Indent at: 0.5"
Atty. Rev 1/17/2022
Formatted: Font: 9 pt, Not Bold
City of Guadalupe Representative Signature: _____________________________ Date: _______ Printed Name and Title: __________________________________________________________ Atty. Rev 1/17/2022
Formatted: Font: 9 pt, Not Bold
THIS IS AN IMPORTANT LEGAL DOCUMENT. BY SIGNING IT YOU WILL GIVE UP IMPORTANT LEGAL RIGHTS. READ THIS DOCUMENT CAREFULLY. DO NOT SIGN IT UNLESS YOU UNDERSTAND AND COMPLETELY AGREE WITH ITS TERMS.

City of Guadalupe Assumption of Risk, Hold Harmless, and Indemnification Agreement The undersigned, on my own behalf or on behalf of a minor participating in an activity at the Guadalupe Auditorium, I am freely assumesing the risk of any injury that may result while participating in athletic activities taking place at associated with the Guadalupe Auditorium organized and held by third parties.

There are inherent, known, possible and potentially unknown risks and hazards associated with the abovesuch activities. I will not hold the City of Guadalupe responsible for any injury, however caused, arising out of or related to the above activities, to include any injury caused by the negligence of the City of Guadalupe. I will not hold responsible to any injury, however caused, and hereby release and hold the City of Guadalupe harmless from and against any and all claims, demands, suits, liability and injury, however caused, arising out of or related to these above activities, to include any and all claims, demands, suits, liability and injury arising out of or related to the negligence of the City of Guadalupe. Furthermore, I agree to indemnify the City of Guadalupe for any injury caused by my negligence, gross negligence, willful misconduct, dishonesty or fraud.

As used throughout this agreement, “I” includes, but is not limited to, my family members, my heirs, administrators, executors or assigns. “City of Guadalupe” includes, but is not limited to, the City of Guadalupe including, but not limited to, officers, representatives, members, agents, volunteers, or employees of the City of Guadalupe. “Injury” includes, but is not limited to, personal injury, sickness, and death, any financial loss or damages, and any property damage, loss or destruction that may result arising out of or related to my participation in the above activities.

Invalidity or unenforceability of one or more provisions or parts of this Agreement shall not affect any other provision or part of this Agreement.
___________________________________________________________________________ Date Printed Name Signature
___________________________________________________________________________ Street Address Phone Number
City, State and Zip Code
FOR MINOR PARTICIPANT, OBTAIN PARENT’S/GUARDIAN’S SIGNATURE:

Formatted: Font: 11 pt
Formatted: Font: +Body (Calibri), 11 pt
Formatted: Font: 11 pt
Formatted: Left
Formatted: Font: +Body (Calibri), 11 pt, Not Bold, No
underline
Formatted: Font: 11 pt
Atty. Rev 1/17/2022
Formatted: Font: 9 pt, Not Bold
I, _______________________________________, parent or legal guardian of the above-named minor do hereby (1) consent to him/her participating in the above activities, (2) expressly agree to the provisions of the above agreement and adopt it as my own and (3) agree to indemnify the City of Guadalupe for any injury for which this minor would be liable as stated above. _____________________________________________________________________________ Date Legal Guardian’s Printed Name Legal Guardian’s Signature Formatted: Space After: 0 pt Atty. Rev 1/17/2022
City of Guadalupe COVID-19 Athletic/Auditorium Facility Use Procedure Agreement This COVID-19 Athletic/Auditorium Facilities Use Agreement (“Agreement”) is made and entered into on _______________ between the City of Guadalupe and_____________________.

Responsible Party: The person(s) who completes and signs this Agreement shall be the Responsible Party. The Responsible Party shall coordinate all athletic event details and outlined COVID-19 procedures detailed below with all participants of the event.

Responsible Party’s Obligations:
a) The Responsible Party shall assume responsibility for advising all participants and their guardians of the required COVID-19 procedures outlined below. b) The Responsible Party understands that any failure to fully comply with the COVID-19 procedures outlined below required as a condition of use of the Guadalupe Auditorium herby referred to as the “Facility,” this Agreement will be terminated without refund or notice.
c) The Responsible Party understands that all participants in the event, including athletes, coaches, referees, and spectators must wear a facial covering upon entry into the Facility.

When athletes are actively participating in physical activity directly related to the athletic event, the athletes are allowed to remove their masks during the duration of the time they are participating in active physical activity. For purposes of this Agreement, “active physical activity” does not include being present on the bench or sidelines during an athletic event. Coaches and referees shall be required to wear masks at all times during the event.
d) All individuals not engaged in active physical activity must wear a mask at all times while inside the Facility, except when actively drinking water. No food shall be served or allowed to be consumed at the event (unless necessary for a medical or similar reason). e) Upon entry into the Facility all participants will be required to sanitize their hands with sanitizer provided by the Responsible Party.

ATTACHMENT 2
Atty. Rev 1/17/2022
f) During the duration of team practices, only athletes and coaches as defined by the Responsible Party will be permitted in the Facility.
g) The Responsible Party shall require all athletes, or if they are minors, their parents or guardians, to complete the City of Guadalupe Assumption of Risk, Hold Harmless, and Indemnification Agreement, attached hereto, below as a condition of entry for each participate.

Termination/Cancellation: This Agreement to use the Facility is granted subject to observance of current CDC, State of California, and Santa Barbara County Guidance. The City of Guadalupe may revoke this Agreement effective immediately upon the Responsible Party’sfailure to comply with any COVID-19 procedures outlined above without a refund. The City of Guadalupe may terminate the Agreement without notice in the event of an emergency which, in the opinion and sole discretion of the City of Guadalupe, would make the use of the facility unfeasible. In case of such emergency, Responsible Party shall be issued a refund.

Facilities Use Agreement Addendum: If there is a Facilities Use Agreement Addendum (“Addendum”) attached to this Agreement, the parties to this Agreement incorporate by reference, as though fully set forth herein, those specific paragraphs outlined in this Addendem.

Modifications of this Agreement: This Agreement contains the COVID-19 protocols outlined by the City of Guadalupe, as a condition of use of the Guadalupe City Auditorium. Any modifications, changes or amendments to this Agreement must be written and signed by all parties to this Agreement.

Acceptance of Terms: I have read and understand the above terms and conditions and agree to abide by these terms and conditions.

Responsible Party Signature: _______________________________________ Date: _________ Printed Name and Title: __________________________________________________________ City of Guadalupe Representative Signature: _____________________________ Date: _______ Printed Name and Title: __________________________________________________________ Atty. Rev 1/17/2022
THIS IS AN IMPORTANT LEGAL DOCUMENT. BY SIGNING IT YOU WILL GIVE UP IMPORTANT LEGAL RIGHTS. READ THIS DOCUMENT CAREFULLY. DO NOT SIGN IT UNLESS YOU UNDERSTAND AND COMPLETELY AGREE WITH ITS TERMS.

City of Guadalupe Assumption of Risk, Hold Harmless, and Indemnification Agreement The undersigned, on my own behalf or on behalf of a minor participating in an activity at the Guadalupe Auditorium, freely assumes the risk of any injury that may result while participating in athletic activities taking place at the Guadalupe Auditorium organized and held by third parties. There are inherent, known, possible and potentially unknown risks and hazards associated with such activities. I will not hold responsible to any injury, however caused, and hereby release and hold the City of Guadalupe harmless from and against any and all claims, demands, suits, liability and injury, however caused, arising out of or related to these activities, to include any and all claims, demands, suits, liability and injury arising out of or related to the negligence of the City of Guadalupe. Furthermore, I agree to indemnify the City of Guadalupe for any injury caused by my negligence, gross negligence, willful misconduct.

As used throughout this agreement, “I” includes, but is not limited to, my family members, my heirs, administrators, executors or assigns. “City of Guadalupe” includes, but is not limited to, the City of Guadalupe including, but not limited to, officers, representatives, agents, volunteers, or employees of the City of Guadalupe. “Injury” includes, but is not limited to, personal injury, sickness, and death, any financial loss or damages, and any property damage, loss or destruction that may result arising out of or related to my participation in the above activities.

Invalidity or unenforceability of one or more provisions or parts of this Agreement shall not affect any other provision or part of this Agreement.
___________________________________________________________________________ Date Printed Name Signature
___________________________________________________________________________ Street Address Phone Number
City, State and Zip Code
FOR MINOR PARTICIPANT, OBTAIN PARENT’S/GUARDIAN’S SIGNATURE:

I, _______________________________________, parent or legal guardian of the above-named minor do hereby (1) consent to him/her participating in the above activities, (2) expressly agree to the provisions of the above agreement and adopt it as my own and (3) agree to indemnify the City of Guadalupe for any injury for which this minor would be liable as stated above. _____________________________________________________________________________ Date Legal Guardian’s Printed Name Legal Guardian’s Signature RESOLUTION NO. 2022-06

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE APPROVING THE CITY OF GUADALUPE COVID-19 ATHLETIC/CITY AUDITORIUM FACILITIES USE PROCEDURE AGREEMENT WHEREAS, in March 2020 the COVID-19 pandemic caused the City auditorium’s closure to the public; and
WHEREAS, in the Summer of 2021, the City auditorium was reopened for rentals and other activities with some restrictions, per the Santa Barbara County Public Health Office; and WHEREAS, requests have been made by McKenzie Middle School and other youth groups to use the City auditorium for sports activities, such as basketball and volleyball; and WHEREAS, on December 8, 2021, the Recreation and Parks Commission met to review and discuss the draft “City of Guadalupe COVID-19 Athletic/City Auditorium Facilities Use Procedure Agreement;” and
WHEREAS, the Recreation and Parks Commission voted and approved the final provisions of the Agreement at their meeting on December 8, 2021; and
WHEREAS, the Agreement was thereafter reviewed by the City Attorney who recommended changes for both legal purposes and for purposes of clarification, which changes were identified in a “redline” edit version of the Agreement (Attachment 1 to the staff report for this item), which changes were considered by the City Council.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Guadalupe, California, that the City Council approves the City of Guadalupe COVID-19 Athletic/City Auditorium Facilities Use Procedure Agreement attached to the staff report accompanying this resolution as Attachment 2.

PASSED, APPROVED AND ADOPTED at a regular meeting held on the 25th day of January 2022 by the following vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTACHMENT 3
I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2022-06, has been duty signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held January 25, 2022, and that same was approved and adopted.

ATTEST:
________________________________ ______________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
______________________________
Philip Sinco, City Attorney

Page 1 of 2 ends

Agenda Item No. 7H

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of January 25, 2022
_______________________________ _________________________________ Prepared by: Approved by:

Philip F. Sinco, City Attorney Todd Bodem, City Administrator SUBJECT: Resolution with Findings in Support of Granting Rejection of Commercial Cannabis Business Permit Application
RECOMMENDATION:

That the City Council adopt Resolution No. 2022-07 regarding the Council’s granting of Mr. Nice Guy’s appeal of the rejection of its application for a commercial cannabis business permit at its meeting on January 11, 2022, with findings in support.

BACKGROUND:

Guadalupe Community Project, LLC dba Mr. Nice Guy (“Mr. Nice Guy”), timely filed an application for a commercial cannabis business (CCB) permit as required by November 15, 2021. City staff and its consultant (HdL Companies) deemed its application to be incomplete due to a minor missing item (insufficient insurance information), and on November 29, 2021, a letter advising Mr. Nice Guy that its application was incomplete (“incomplete letter”) was sent out to it via email and, also by mail, informing it about the need for a revised insurance declaration, and instructing that the revised document be submitted to the City by December 6, 2021 (5 business days). This letter was sent pursuant to the Guidelines adopted by the City Council.

Mr. Nice Guy did not submit the additional requested item by the December 6th deadline. Specifically, the item requested was “a revised insurance declaration document or letter of intent from the insurance agency identifying coverage for the proposed Guadalupe location and to include the minimum $1M per occurrence.” Mr. Nice Guy’s application had included a letter from its insurance agency (Focus1 Insurance Group, Inc.) that stated it provides workers compensation, commercial general liability, and automobile liability insurance and that Mr. Nice Guy “is eligible to be quoted for all these insurance policies in accordance with the standards of the City of Guadalupe.” On December 7, 2021, the day after the December 6th deadline for Mr. Nice Guy to submit the requested document, the City Administrator Todd Bodem contacted Christopher Glew, the designated contact person for Mr. Nice Guy, by telephone to inform him about the fact that the deadline had been missed.

Mr. Glew told Mr. Bodem that he had not received the letter nor the email the City had sent. Mr. Bodem asked him to confirm that the email and mailing addresses the City sent the incomplete letter to were correct, and Mr. Glew confirmed that these were the correct addresses. Mr. Nice Guy promptly submitted the missing proof of insurance document to the City the same day (i.e., on December 7th).

Philip Sinco

Page 2 of 2 ends

Mr. Bodem subsequently asked the City Attorney if the City could accept the missing item concerning insurance coverage even though it was provided one day late, or if Mr. Nice Guy's application needed to be rejected. The City Attorney provided him with a legal opinion that there was no authority granted to City staff in the Guidelines or Chapter 9.22 of the City’s Municipal Code (Commercial Cannabis Business) to accept a document required to complete an incomplete application if it was not submitted on the date required. The City Attorney advised that Mr. Nice Guy’s only recourse was to appeal this rejection to the City Council as permitted in Chapter 9.22.

DISCUSSION:

Mr. Nice Guy filed a timely appeal on December 29, 2021. The appeal was set for hearing before the City Council at its meeting on January 11, 2022.

At the appeal hearing on January 11, 2022, the City Council heard from the City and from Mr. Nice Guy before conducting its deliberations and deciding (unanimously) in favor of granting the appeal. At staff’s request, the motion granting the appeal included directions to the City Attorney to prepare a resolution with appropriate findings for the Council to adopt at its next regular meeting.

A resolution with findings in support of the Council’s decision to grant Mr. Nice Guy’s appeal has been prepared and submitted to Council for its review and adoption. (See Attachment 1).

The Council can adopt this resolution as is, or direct staff to make any changes it deems necessary.

ATTACHMENT:

1. Resolution No. 2022-07 entitled “A Resolution of the City Council of the City of Guadalupe Granting the Appeal of Guadalupe Community Project, LLC dba Mr. Nice Guy, Concerning its Application for a Commercial Cannabis Business Permit with Findings.”
RESOLUTION NO. 2022-07

A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE
GRANTING THE APPEAL OF GUADALUPE COMMUNITY PROJECT, LLC DBA MR. NICE GUY,

CONCERNING ITS APPLICATION FOR A COMMERCIAL CANNABIS BUSINESS PERMIT WITH

FINDINGS
WHEREAS, Guadalupe Community Project, LLC dba Mr. Nice Guy (“Mr. Nice Guy”), timely filed an application for a commercial cannabis business (“CCB”) permit pursuant to the City of Guadalupe’s Applications Procedures and Guidelines for Commercial Cannabis Business Permits ("Guidelines") on November 15, 2021, but which application was deemed by City staff and its consultant (HdL Companies) to be incomplete because it did not provide sufficient information concerning insurance, specifically, that the letter of intent from Mr. Nice Guy’s insurance agency did not indicate that it could provide coverage for the proposed Guadalupe location and did not indicate that the minimum amount of coverage ($1,000,000) per occurrence could be provided; and WHEREAS, City staff and its consultant determined that this missing insurance information was a minor matter, and therefore, pursuant to the Guidelines, on November 29, 2021, a letter advising that its application was incomplete (“incomplete letter”) was sent to Mr. Nice Guy to the email address provided on its application, and also by mail to the mailing address provided on its application, informing it about the insufficient insurance information; and WHEREAS, Mr. Nice Guy’s application had included a letter from its insurance agency (Focus1 Insurance Group, Inc.) which stated it provides workers compensation, commercial general liability, and automobile liability insurance and that Mr. Nice Guy “is eligible to be quoted for all these insurance policies in accordance with the standards of the City of Guadalupe;” and WHEREAS, the City’s approved form for CCB permit applications required that “[p]roof of comprehensive general liability insurance (minimum $1M per occurrence) or evidence by an Insurance Agency that the cannabis business is insurable” be submitted and provided no further information concerning insurance requirements, except that “[t]he only information that can be submitted after the initial application is proof of insurance prior to the City Awarding a Cannabis Permit however, at a minimum proof if [sic] insurability must be provided with the initial application package;” and
WHEREAS, the incomplete letter requested that Mr. Nice Guy submit “a revised insurance declaration document or letter of intent from the insurance agency identifying coverage for the proposed Guadalupe location and to include the minimum $1M per occurrence” before December 6, 2021; and
WHEREAS, Mr. Nice Guy did not submit the item requested by the City by the December 6th deadline, and on December 7, 2021, City Administrator Todd Bodem contacted Christopher Glew, the designated contact person for Mr. Nice Guy, by telephone, to inform him about the fact that the deadline had been missed, but Mr. Glew stated that he had not received the letter nor the email the City had sent (even though he confirmed that the email and mailing addresses the City sent the incomplete letter to were correct); and
ATTACHMENT 1
WHEREAS, Mr. Nice Guy promptly submitted the missing proof of insurance document to the City the same day (i.e., on December 7th), but subsequently, Mr. Bodem asked the City Attorney to provide a legal opinion whether the City could accept the revised insurance declaration even though it was received one day after the December 6, 2021, deadline; and; WHEREAS, the City Attorney concluded there was no authority granted to City staff in the Guidelines or Chapter 9.22 of the City’s Municipal Code (Commercial Cannabis Business) to accept a document required to complete an incomplete application if it was not submitted on the date required and that Mr. Nice Guy’s only recourse was to appeal this rejection to the City Council as permitted in Chapter 9.22; and
WHEREAS, a letter was sent to Mr. Nice Guy on December 23, 2021, by email, informing that Mr.

Nice Guy’s application had been rejected because it had been deemed incomplete due to “missing proof of insurance” and, pursuant to the Guidelines, an incomplete letter had been sent on November 29, 2021, requesting a revised insurance declaration be submitted by December 6, 2021, and also providing information concerning the relevant provisions from Chapter 9.22 of the GMC concerning appeals related to CCB permits; and
WHEREAS, Mr. Nice Guy submitted a timely appeal on December 29, 2021, and the appeal was placed on the Council’s agenda for its next meeting (January 11, 2022); and WHEREAS, the City Council considered Mr. Nice Guy’s appeal pursuant to the procedures set forth in Chapter 9.22 of the Guadalupe Municipal Code after hearing from City staff and Mr. Nice Guy; and
WHEREAS, after deliberating the matter, the City Council unanimously voted to grant the appeal and directed staff to prepare a resolution with appropriate findings that the Council could adopt at the next regular City Council meeting.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Guadalupe, that:

Section 1: The Council finds that the above recitals are factually accurate statements.

Section 2: The Council finds that the insurance information City staff and its consultant had determined was insufficient in Mr. Nice Guy’s application was a minor matter and that it was appropriate to send an incomplete letter to Mr. Nice Guy to allow submission of the revised insurance declaration as permitted by the Guidelines, based on City staff and its consultant’s determination; however, the Council does not find that City staff’s and its consultant’s determination that the insurance information provided by Mr. Nice Guy in its application was, in fact, insufficient.

Section 3: The Council finds that the City sent an email with the incomplete letter as well as mailing the incomplete letter to Mr. Nice Guy, but also finds that Mr. Nice Guy sustained its burden of proof to show that it did not have actual receipt of the email and that it did not receive the mailed incomplete letter until December 7, 2021, and that Mr. Nice Guy acted promptly to provide the revised insurance declaration which constituted substantial compliance with the Guidelines.

Section 4: The Council finds that Mr. Nice Guy’s original application, and specifically, the letter of intent from its insurance agency, complied or substantially complied with the requirements set forth in the Guidelines and on the Commercial Cannabis Business Permit Application form, and therefore, it was an error for the City staff and its consultant to have deemed its application to be incomplete.

Section 5: The above findings by the City Council support its decision to grant Mr. Nice Guy’s appeal, and accordingly, Mr. Nice Guy’s application is to be scored in accordance with the Guidelines.

PASSED, APPROVED AND ADOPTED at a regular meeting on the 25th day of January 2022 by the following vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAIN:

I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing is a full, true, and correct copy of Resolution No. 2022-07 which is duly and regularly introduced and adopted by said City Council at a regular meeting held January 25, 2022, by the following vote:

ATTEST:
_____________________________________ _____________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
____________________________________
Phillip Sinco, City Attorney
Agenda Item No. 7I 1.a

Rev: 06/17/2021

GUADALUPE FIRE DEPARTMENT
TO: PUBLIC SAFETY DIRECTOR, MICHAEL CASH
FROM: CAPTAIN PATRICK SCHMITZ
SUBJECT: MONTHLY SUMMARY OF CODE ENFORCEMENT CASES
November 1, 2021 – November 30, 2021
DATE: 12/01/2021
CALLS FOR SERVICE November 2021
INCIDENT TYPE This
Month
Last
Month
Year to Date
(2021-2022)
Year to date
(2020-2021)
Medical 26 32 171 164
Structure Fire 0 0 0 1
Cooking Fire 3 0 4 2
Trash or Rubbish Fire 2 1 4 3
Vehicle Fire 2 0 3 1
Grass/Vegetation Fire 0 0 1 5
Other Fire 0 0 0 2
Motor Vehicle Accidents with Injuries 2 1 11 7
Motor Vehicle Accidents No Injuries 3 3 9 4
Motor Vehicle/Pedestrian Accident 0 0 0 3
Hazardous Materials Spill/Release 1 0 1 2
Hazardous Condition Other 0 2 4 2
Water Problem/Leak 1 2 3 1
Animal Problem 0 0 0 0
Search / Rescue 0 0 0 0
Public Assistance 2 3 11 7
Police Matter/Assistance 1 2 5 1
Illegal Burn 0 0 0 0
Smoke Detector Activation 2 1 3 9
Dispatch and Canceled En-route 1 8 19 19
False Alarm 0 1 7 4
TOTAL 46 56 256 237
Additional Information
STAFFING: 1 Public Safety Director (Police/Fire Chief)
3 Fire Captains
3 Fire Engineers
3 Paid Call Firefighters 3 Position Vacant
Agenda Item No. 7I 1b.

Rev: 06/17/2021

GUADALUPE FIRE DEPARTMENT
Special Assignments / Coverage:
- Food Distribution Senior Center 11/04/21
- Fill the Boot (MDA) 11/13/21
- Traffic Control, Road works Obispo St. 11/3-5/21, 11/8-10/21 (08:00-08:30, 14:30-15:00) - Veterans Day Ceremony 11/11/21
- Car Show at O’Connel Park 11/13/21
- Kids Reading/ Public Education (Maggie Espinoza Daycare) 11/02/21 CODE COMPLIANCE CASES November 2021
INCIDENT TYPE This
Month
Last
Month
Year to Date
(2021-2022)
Year to date
(2020-2021)
Business License (GMC 5.04.040) 0 0 0 0
Litter Accumulation (GMC 8.12.020) 0 0 0 7
Abatement of Weeds and Rubbish (GMC 8.16.010) 0 0 0 1
Working Without Permits (GMC15.04.020) 0 0 0 2
Address Number (GMC 15.08.020 (505.1)) 0 0 0 4
Complaints (No Violation Found) 2 0 4 4
Apartment Inspections 0 0 0 0
Yearly Business Inspections 6 5 14 2
Other 0 0 8 4
TOTAL 8 5 29 24
Complaints Received 3 0 7 6
Miscellaneous This
Month
Last
Month
Year to Date
(2021-2022)
Year to date
(2020-2021)
Visitors 29 19 125 127
Public Relations (Food Distribution, Traffic Duties, Fill the boot MDA, Veterans Day event) 10 5 19 0
School Visits (Maggie Espinoza Daycare) 1 0 1 0
Rev: 06/17/2021

GUADALUPE FIRE DEPARTMENT
TO: PUBLIC SAFETY DIRECTOR, MICHAEL CASH
FROM: CAPTAIN PATRICK SCHMITZ
SUBJECT: MONTHLY SUMMARY OF CODE ENFORCEMENT CASES
December 1, 2021 – December 31, 2021
DATE: 01/01/2022
CALLS FOR SERVICE December 2021
INCIDENT TYPE This
Month
Last
Month
Year to Date
(2021-2022)
Year to date
(2020-2021)
Medical 21 26 192 198
Structure Fire 0 0 0 1
Cooking Fire 0 3 4 2
Trash or Rubbish Fire 0 2 4 4
Vehicle Fire 1 2 4 1
Grass/Vegetation Fire 0 0 1 5
Other Fire 1 0 1 2
Motor Vehicle Accidents with Injuries 1 2 12 11
Motor Vehicle Accidents No Injuries 2 3 11 7
Motor Vehicle/Pedestrian Accident 0 0 0 3
Hazardous Materials Spill/Release 1 1 2 3
Hazardous Condition Other 3 0 7 2
Water Problem/Leak 0 1 3 1
Animal Problem 1 0 1 0
Search / Rescue 0 0 0 0
Public Assistance 4 2 15 7
Police Matter/Assistance 1 1 6 1
Illegal Burn 0 0 0 2
Smoke Detector Activation 0 2 3 10
Dispatch and Canceled En-route 3 1 22 23
False Alarm 4 0 11 4
TOTAL 43 46 299 287
Additional Information
STAFFING: 1 Public Safety Director (Police/Fire Chief)
3 Fire Captains
3 Fire Engineers
3 Paid Call Firefighters 3 Position Vacant
Rev: 06/17/2021

GUADALUPE FIRE DEPARTMENT
Special Assignments / Coverage:
- Food Distribution Senior Center 12/02/21
- Alpha Fire PIV Test 12/03/21
- Fire Drill (Mary Buren School) 12/07/21
- Parking Lot Event (12/20/21, 12/22/21, 12/23/21, 12/24/21) CODE COMPLIANCE CASES December 2021
INCIDENT TYPE This
Month
Last
Month
Year to Date
(2021-2022)
Year to date
(2020-2021)
Business License (GMC 5.04.040) 0 0 0 0
Litter Accumulation (GMC 8.12.020) 0 0 0 7
Abatement of Weeds and Rubbish (GMC 8.16.010) 0 0 0 1
Working Without Permits (GMC15.04.020) 0 0 0 3
Address Number (GMC 15.08.020 (505.1)) 0 0 0 4
Complaints (No Violation Found) 1 2 5 4
Apartment Inspections 0 0 0 0
Yearly Business Inspections 5 6 19 2
Other 0 0 8 9
TOTAL 6 8 35 30
Complaints Received 1 3 8 6
Miscellaneous This
Month
Last
Month
Year to Date
(2021-2022)
Year to date
(2020-2021)
Visitors 23 29 148 171
Public Relations 7 10 26 2
School Visits 0 1 1 0

GUADALUPE CODE COMPLIANCE
TO: PUBLIC SAFETY DIRECTOR, MICHAEL CASH
FROM: CODE COMPLIANCE OFFICER, JOSUE MERAZ
SUBJECT: MONTHLY SUMMARY OF CODE ENFORCEMENT CASES
NOVEMBER 1, 2021 – NOVEMBER 30, 2021
DATE: 12/01/2021

CODE ENFORCEMENT CASES
INCIDENT TYPE This
Month
Last
Month
Year to Date
(2020-2021)
Prohibition of illicit discharge (GMC 13.24.050) 0 0 4
Animal Nuisance (Odor, Noise) (GMC 6.04.100 (A,E)) 0 0 3 Fowl, Livestock and Wild Animals (GMC 6.04.210) 0 1 5
Litter Accumulation (GMC 8.12.020) 2 1 51
Abatement of Weeds and Rubbish (GMC 8.16.010) 1 0 19
Burning Garbage Prohibited (GMC 8.12.150) 0 2 2
Unlawful Property Nuisance (GMC 8.50.070) 1 0 20
Graffiti Abatement (GMC 9.07.060) 0 2 5
Abandoned Vehicles/ Vehicle Covers (GMC 10.36.010) 2 2 85 Portable/fixed basketball goals (GMC 10.48.050) 0 0 2
Parking of large vehicles/trailers (GMC 10.24.190) 4 1 6 Wall,Fence,or Hedge Requirements (GMC 18.52.121) 0 2 2
Working Without Permits (GMC15.04.020) 0 1 16
Address Number (GMC 15.08.020 (505.1)) 0 0 43
Illegal Garage Conversion (GMC 18.08.120, 18.08.160) 0 0 0 Damage Fence (GMC 18.52.125) 0 0 1
Parking on Front Yard Setback (GMC 18.60.035) 1 0 14
Trailers/Mobile homes as living space (GMC 18.56.030) 0 1 3 Residential Solid Waste Collection (GMC 8.08.070) 2 0 12 Landscape Maintenance Required (GMC 18.64.120) 0 0 12
Discharge of illegal fireworks (GMC 8.24.020) 0 1 13
72hr Parking 2 8 56
Code 60 Citations 5 2 48
TOTAL 20 23 422
Complaints Received 6 6 83
Miscellaneous This
Month
Last
Month
Year to Date
(2020-2021)
Visitors 0 0 0
Public Relations (Food distribution, Covid Vaccination) 0 1 21 School Visits () 0 0 0
Agenda Item No. 7I 1c.

GUADALUPE CODE COMPLIANCE
TO: PUBLIC SAFETY DIRECTOR, MICHAEL CASH
FROM: CODE COMPLIANCE OFFICER, JOSUE MERAZ
SUBJECT: MONTHLY SUMMARY OF CODE ENFORCEMENT CASES
DECEMBER 1, 2021 – DECEMBER 31, 2021
DATE: 1/04/2022

CODE ENFORCEMENT CASES
INCIDENT TYPE This
Month
Last
Month
Year to Date
(2020-2021)
Prohibition of illicit discharge (GMC 13.24.050) 0 0 4
Animal Nuisance (Odor, Noise) (GMC 6.04.100 (A,E)) 0 0 3 Fowl, Livestock and Wild Animals (GMC 6.04.210) 0 0 5
Litter Accumulation (GMC 8.12.020) 1 2 52
Abatement of Weeds and Rubbish (GMC 8.16.010) 0 1 19
Burning Garbage Prohibited (GMC 8.12.150) 0 0 2
Unlawful Property Nuisance (GMC 8.50.070) 0 1 20
Graffiti Abatement (GMC 9.07.060) 0 0 5
Abandoned Vehicles/ Vehicle Covers (GMC 10.36.010) 1 2 86 Portable/fixed basketball goals (GMC 10.48.050) 0 0 2
Parking of large vehicles/trailers (GMC 10.24.190) 0 4 6 Wall,Fence,or Hedge Requirements (GMC 18.52.121) 0 0 2
Working Without Permits (GMC15.04.020) 0 0 16
Address Number (GMC 15.08.020 (505.1)) 0 0 43
Illegal Garage Conversion (GMC 18.08.120, 18.08.160) 0 0 0 Damage Fence (GMC 18.52.125) 0 0 1
Parking on Front Yard Setback (GMC 18.60.035) 1 1 15
Trailers/Mobile homes as living space (GMC 18.56.030) 1 0 4 Residential Solid Waste Collection (GMC 8.08.070) 3 2 15 Landscape Maintenance Required (GMC 18.64.120) 1 0 13
Discharge of illegal fireworks (GMC 8.24.020) 0 0 13
72hr Parking 9 2 65
Code 60 Citations 3 5 51
TOTAL 20 20 442
Complaints Received 3 6 86
Miscellaneous This
Month
Last
Month
Year to Date
(2020-2021)
Visitors 0 0 0
Public Relations (Food distribution, Covid Vaccination) 2 0 23 School Visits () 0 0 0
Agenda Item No. 7I 2.

1 | Page

HUMAN RESOURCES MONTHLY REPORT – November and December 2021 DEPARTMENT REPORT – PUBLIC SAFETY
Police Department
The Police Department remains understaffed. An Officer involved in a shooting has been on administrative leave effective August 22, 2021. An Officer Trainee on medical leave of absence effective September 10, 2021, did not return to work at the end of the year. An additional officer has been granted a workplace accommodation that allows a temporary transfer to a less strenuous assignment while under treatment for current workers compensation claim.

A background check on a potential Reserve Police Officer is underway. Background interviews are underway and slated to be completed mid-January 2022.

Fire Department
City Council held a Special Meeting on Tuesday, November 2, 2021 to consider the City of Guadalupe Firefighter’s Association, International Association of Fire Fighters, Local 4403 Memorandum of Understanding Tentative Agreement. Staff and Che Johnson, attorney with the law firm, Liebert, Cassidy & Whitmore, who represents the City in negotiations, recommended the Last Best and Final Offer (LBFO) to adopt a 3-year term, and to change the current 14-day pay period to a 28-day FLSA pay period. Council shared over-riding concerns that these terms would not signify enough savings or financial controls. Council advised staff and attorney to negotiate further and did not approve the tentative agreement.

Negotiating teams met virtually on December 20, 2021. Staff provided the following projection:
• With the Strike Team/Mutual Aid reimbursements (approximately $113,000) from the CA Wildfires and Delta Fire, it appears that Q1 and Q2 would end within budget.
• To calculate a proper projection for Q3 and Q4, the average amount of overtime per pay period was used. The average amount is $5,501.59. • The Q3 and Q4 total of overtime is projected at $115,531.32. This does not include sick leave, vacation leave, or other leaves of absence.

Human Resources
918 Obispo Street
P.O. Box 908
Guadalupe, CA 93434
Ph: 805.356.3893
Fax: 805.343.5512
Email: [email protected]
Agenda Item No. 7I 3.
2 | Page
Fire Department, continued
• The sick and vacation leave projection is based upon department personnel requesting coverage for two shifts of sick and vacation leave purposes.

This projection is 567 hours, less than the total number of coverage hours in Fiscal Year 2020-21. Overtime hours in that period totaled 610.5. • Including the sick and vacation leave projection of $60,285.05 brings the overtime closer to $175,816.36.
• The Fiscal Year budget for department overtime is $90,000. • To-date the City has not received the Mutual Aid reimbursement.

Negotiation teams will continue to meet. Staff and attorney to provide a more detailed update in closed session Tuesday, January 25, 2022.

Enclosure: FY 2021-22 Fire OT Projection
2022 GROUP MEDICAL PLANS
CalPERS announced two major changes for Plan Year 2022: The three (3) PPO plans (PERS Care, PERS Choice, and PERS Select) will merge into two plans (PERS Platinum and PERS Gold). In addition, the City anticipated significant increases in 2022 rates based upon enrollment. The majority of personnel are enrolled in PERS Gold, formerly known as the PERS Select plan.
3 | Page
Group Medical Plans, continued
A financial review of group medical will be included in the upcoming Mid-Year Budget Review, slated for Tuesday, February 8, 2022.

Enclosures: CalPERS 2022 Regional Health Premiums
2022 SEIU Rates
2022 POA Rates
2022 IAFF and Unrepresented Employee Rates
COVID-19 STATISTICS
2021-11-01
Number of Positive Cases per City/Area
Geographic Area
Daily
Cases
Total
Confirmed
Cases
Recovered
by Region
Still
Infectious by
Region
Number of
Deaths
North County unincorporated areas
Sisquoc, Casmalia, Garey, Cuyama and
New Cuyama and City Guadalupe
6 1664 1617 20 27
Santa Barbara County Total 30 44209 43394 291 524
2021-12-01
Number of Positive Cases per City/Area
Geographic Area
Daily
Cases
Total
Confirmed
Cases
Recovered
by Region
Still
Infectious by
Region
Number of
Deaths
North County unincorporated areas
Sisquoc, Casmalia, Garey, Cuyama and
New Cuyama and City Guadalupe
3 1709 1666 15 28
Santa Barbara County Total 50 45741 44921 272 548
2022-01-01
Number of Positive Cases per City/Area
Geographic Area
Daily
Cases
Total
Confirmed
Cases
Recovered
by Region
Still
Infectious by
Region
Number of
Deaths
North County unincorporated areas
Sisquoc, Casmalia, Garey, Cuyama and
New Cuyama and City Guadalupe
18 1867 1792 46 29
Santa Barbara County Total 687 51099 48008 2527 564
4 | Page
The unprecedented surge in cases has also fueled a sharp rise in hospitalizations. The virus remains a serious risk, especially for the unvaccinated according to recent data from the CDPH:
• Unvaccinated people were 5.2 times more likely to get COVID-19 (data from December 13, 2021 to December 19, 2021).
• Unvaccinated people were 14.5 times more likely to be hospitalized with COVID-19 (data from December 6, 2021 to December 12, 2021).
• Unvaccinated people were 15.0 times more likely to die from COVID-19 (data from November 29, 2021 to December 5, 2021).
5 | Page
COVID-19 Updates
Updated Requirements for Mega Events
CDPH has released updated requirements for attending mega events, such as concerts and sporting events. The new guidance lowers the occupancy threshold of 10,000 attendees to 5,000 for outdoor events, and 1,000 attendees to 500 for indoor events.

Venues covered by the requirement must be in full compliance no later than January 15, 2022. Prior to attending an event, attendees are required to provide either proof of vaccination, a negative antigen COVID-19 test within one day of the event, or a negative PCR test within two days of the event.

Isolation for COVID-19 Positive Individuals
All individuals with COVID-19, regardless of vaccination status, should stay home for at least five days. Isolation can end after day five if symptoms are not present and if an antigen test collected on day five or later is negative.

Quarantine for Individuals Exposed to COVID-19
Unvaccinated individuals who are exposed to COVID-19, and vaccinated people who are eligible for a booster but have not yet received a booster who are exposed to COVID-19, should stay home for at least five days and also get an antigen test on day five.

Vaccinated individuals who have received their booster, or are not eligible for a booster, and are exposed to COVID-19 do not have to stay home if symptoms are not present but should test on day five.

Weekly Testing Policy
On November 9, 2021, Human Resources distributed a COVID-19 Voluntary Vaccination Acceptance/Declination Form. The purpose of this form is to take steps to prevent the spread of COVID-19, to protect the health and safety of all personnel, onsite contractors, visitors to City buildings or City controlled indoor workspaces, and other individuals interacting with personnel. Those who declare unvaccinated status or wished to remain undeclared, are subject to weekly COVID-19 testing. To-date, there are five (5) City personnel subject to weekly testing; 80% of personnel are fully vaccinated. Human Resources continues to schedule appointments for anyone exposed to coronavirus in addition to the weekly testing.

Delta or Omicron?
Most U.S. doctors have no way to determine which variant of the coronavirus a patient is carrying, a distinction that could mean the difference between life and death.

High-risk patients carrying the Delta variant could benefit greatly from two particular monoclonal antibody treatments shown to reduce hospitalization and death; antibody drugs made by Regeneron and Eli Lilly. But those medications would most likely do nothing for patients with Omicron, who would only respond to a third antibody treatment or antibody drugs from GlaxoSmithKline and Vir Biotechnology. With rising hospitalization rates, health systems may not pivot quickly enough to sort out which patients have Delta or Omicron.
6 | Page
While there is no approved test to determine each individual’s variant, a national network of state and other labs use genome-sequencing tests to track variants broadly in communities. Health systems then use those regional estimates or their own data to decide which antibody treatments to use in their clinics and hospitals.

The COVID-19 Omicron variant has been detected in Santa Barbara County. The Santa Barbara County Public Health Department reported four confirmed cases of the variant in the last week of December. Health officials say all four cases were in people under the age of 30.

WORKERS COMPENSATION
Enclosed is summary report, Activity Period including 11/1/2021-11/30/2021 and 12/1/2021 – 12/31/2021 .

IAFF Current Schedule - Scheduled Overtime

NO FLSA IMPLEMENTATION
Does not include Strike Team Coverage, Sick or Vacation Leave, Coverage Due to Coronavirus 2021 Shift A Shift B Shift C
Fire Engineer
A
Fire Engineer
B Fire Engineer C
Fire
Captain A
Fire
Captain B
Fire
Captain C
$ OT PER

PAYROLL

ACTUAL OT

PER PAYROLL

PERCENTAGE OF

OT BUDGET DIFFERENCE
Payroll Period 15 72 96 48 - - - - - - 6,387.75 7.10% 6,387.75 Payroll Period 16 96 96 144 - - 1,837.33 - - 2,151.21 3,988.55 5,296.98 12.98% 1,308.43 Payroll Period 17 144 96 96 1,641.23 - - 2,335.26 - - 3,976.49 5,095.65 18.64% 1,119.16 Payroll Period 18 96 144 96 - 1,737.16 - - 2,229.22 - 3,966.38 21,890.58 42.97% 17,924.20 Payroll Period 19 96 96 144 - - 1,837.33 - - 2,151.21 3,988.55 35,627.17 82.55% 31,638.62 Payroll Period 20 144 96 96 1,641.23 - - 2,335.26 - - 3,976.49 26,745.89 112.27% 22,769.40 Payroll Period 21 96 144 96 - 1,737.16 - - 2,229.22 - 3,966.38 9,847.56 123.21% 5,881.18 Payroll Period 22 96 96 144 - - 1,837.33 - - 2,151.21 3,988.55 16,898.21 141.99% 12,909.66 Payroll Period 23 144 96 96 1,641.23 - - 2,335.26 - - 3,976.49 2,864.87 145.17% (1,111.62) Payroll Period 24 96 144 96 - 1,737.16 - - 2,229.22 - 3,966.38 7,445.69 153.44% 3,479.31 Payroll Period 25 96 96 144 - - 1,837.33 - - 2,151.21 3,988.55 8,345.16 162.72% 4,356.61 Payroll Period 26 144 96 96 1,641.23 - - 2,335.26 - - 3,976.49 3,074.34 166.13% (902.15) Payroll Period 27 96 144 96 - 1,737.16 - - 2,229.22 - 3,966.38 5,501.49 July 1 - December 24 6,564.91 6,948.62 7,349.33 9,341.04 8,916.88 8,604.86 47,725.65 155,021.34 166.13% 105,760.57 44,011.93
5,501.49
2022 Shift A Shift B Shift C
Fire Engineer
A
Fire Engineer
B Fire Engineer C
Fire
Captain A
Fire
Captain B
Fire
Captain C
$ OT PER

PAYROLL

ACTUAL OT

PER PAYROLL

PERCENTAGE OF

OT BUDGET DIFFERENCE
Pay Period 1 96 96 144 - - 1,837.33 - - 2,151.21 3,988.55 5,501.49 Pay Period 2 144 96 96 1,641.23 - - 2,335.26 - - 3,976.49 5,501.49 Pay Period 3 96 144 96 - 1,737.16 - - 2,229.22 - 3,966.38 5,501.49 Pay Period 4 96 144 96 - 1,737.16 - - 2,229.22 - 3,966.38 5,501.49 Pay Period 5 144 96 96 1,641.23 - - 2,335.26 - - 3,976.49 5,501.49 Pay Period 6 96 144 96 - 1,737.16 - - 2,229.22 - 3,966.38 5,501.49 Pay Period 7 96 96 144 - - 1,837.33 - - 2,151.21 3,988.55 5,501.49 Pay Period 8 144 96 96 1,641.23 - - 2,335.26 - - 3,976.49 5,501.49 Pay Period 9 96 144 96 - 1,737.16 - - 2,229.22 - 3,966.38 5,501.49 Pay Period 10 96 96 144 - - 1,837.33 - - 2,151.21 3,988.55 5,501.49 Pay Period 11 144 96 96 1,641.23 - - 2,335.26 - - 3,976.49 5,501.49 Pay Period 12 96 144 96 - 1,737.16 - - 2,229.22 - 3,966.38 5,501.49 Pay Period 13 96 96 144 - - 1,837.33 - - 2,151.21 3,988.55 5,501.49 Pay Period 14 48 48 48 - - - - - - -
December 25 - June 30 6,564.91 8,685.78 7,349.33 9,341.04 11,146.11 8,604.86 51,692.03 71,519.39 - TOTAL OT PER SHIFT 13,129.82 15,634.40 14,698.66 18,682.09 20,062.99 17,209.72 99,417.68 115,531.32 2021-2022 Fiscal Year Overtime Budget 90,000.00
Retro Gross
Annual with

HOL, INCENT
PAY/without
OT
Wage
@2756 Hrs
Time & Half
OT Wage
Sick Leave
4 Days/96
Hours
Vacation Leave
4 Days/96
Hours
Mutual Aid 14
Days/ 336
Hours
Fire Engineer A 79,354.78 28.79 14.40 43.19 4,146.26 4,146.26 14,511.91 Fire Engineer B 83,993.01 30.48 15.24 45.71 4,388.60 4,388.60 15,360.11 Fire Engineer C 88,836.67 32.23 16.12 48.35 4,641.68 4,641.68 16,245.89 Fire Captain A 112,911.93 40.97 20.48 61.45 5,899.61 5,899.61 20,648.63 Fire Captain B 107,784.79 39.11 19.55 58.66 5,631.72 5,631.72 19,711.01 Fire Captain C 104,013.12 37.74 18.87 56.61 5,434.65 5,434.65 19,021.27 30,142.52 30,142.52 105,498.81
60,285.04 52,749.41 175,816.36
610.5 OT Hours for Sick/Vacation Coverage 2020/2021
567 Hours estimated for 2021/2022
Updated: September 14, 2021
CalPERS 2022 Regional Health Premiums (Actives and Annuitants) Effective Date: January 1, 2022
Region 2
Basic Monthly Premiums (B)
Plan Subscriber
Plan
Code
Party
Code
Party
Rate
Subscriber & 1
Dependent
Plan
Code
Party
Code
Party
Rate
Subscriber & 2+
Dependents
Plan
Code
Party
Code
Party
Rate
Anthem Blue Cross Select $ 712.43 507 1 1 $ 1,424.86 507 2 2 $ 1,852.32 507 3 3 Anthem Blue Cross Traditional 1,007.13 510 1 1 2,014.26 510 2 2 2,618.54 510 3 3 Blue Shield Access+ 900.22 526 1 1 1,800.44 526 2 2 2,340.57 526 3 3 Blue Shield Trio* 742.70 088 1 1 1,485.40 088 2 2 1,931.02 088 3 3 Health Net Salud y Más 548.26 531 1 1 1,096.52 531 2 2 1,425.48 531 3 3 Health Net SmartCare 845.69 529 1 1 1,691.38 529 2 2 2,198.79 529 3 3 Kaiser Permanente 706.02 534 1 1 1,412.04 534 2 2 1,835.65 534 3 3 PERS Gold 587.78 614 1 1 1,175.56 614 2 2 1,528.23 614 3 3 PERS Platinum 882.18 602 1 1 1,764.36 602 2 2 2,293.67 602 3 3 Peace Officers Research Assoc of CA 775.00 593 1 1 1,550.00 593 2 2 2,010.00 593 3 3 Sharp Performance Plus4 699.21 575 1 1 1,398.42 575 2 2 1,817.95 575 3 3 UnitedHealthcare SignatureValue Alliance 775.09 577 1 1 1,550.18 577 2 2 2,015.23 577 3 3 UnitedHealthcare SignatureValue Harmony 782.74 399 1 1 1,565.48 399 2 2 2,035.12 399 3 3 Supplement/Managed Medicare Monthly Premiums (M)
Plan Subscriber
Plan
Code
Party
Code
Party
Rate
Subscriber & 1
Dependent
Plan
Code
Party
Code
Party
Rate
Subscriber & 2+
Dependents
Plan
Code
Party
Code
Party
Rate
Anthem Blue Cross Select Medicare
Preferred $ 360.19 038 1 4 $ 720.38 038 2 5 $ 1,080.57 038 3 6 Anthem Blue Cross Select Medicare
Preferred with Dental/Vision1 360.19 074 1 4 720.38 074 2 5 1,080.57 074 3 6 Anthem Blue Cross Medicare Preferred 360.19 516 1 4 720.38 516 2 5 1,080.57 516 3 6 Anthem Blue Cross Medicare Preferred with
Dental/Vision1 360.19 513 1 4 720.38 513 2 5 1,080.57 513 3 6 Blue Shield Medicare 353.11 012 1 4 706.22 012 2 5 1,059.33 012 3 6 Blue Shield Medicare with Dental/Vision2 353.11 017 1 4 706.22 017 2 5 1,059.33 017 3 6 Kaiser Permanente Senior Advantage 302.53 537 1 4 605.06 537 2 5 907.59 537 3 6 Kaiser Permanente Senior Advantage with
Dental3 302.53 543 1 4 605.06 543 2 5 907.59 543 3 6
PERS Gold Medicare Supplement 377.41 617 1 4 754.82 617 2 5 1,132.23 617 3 6 PERS Platinum Medicare Supplement 381.94 606 1 4 763.88 606 2 5 1,145.82 606 3 6 Peace Officers Research Assoc of CA
Medicare Supplement 461.00 596 1 4 919.00 596 2 5 1,471.00 596 3 6 Sharp Direct Advantage Medicare4 263.85 024 1 4 527.70 024 2 5 791.55 024 3 6 Sharp Direct Advantage Medicare with
Dental4 5 263.85 026 1 4 527.70 026 2 5 791.55 026 3 6
UnitedHealthcare Medicare Advantage 294.65 580 1 4 589.30 580 2 5 883.95 580 3 6 UnitedHealthcare Medicare Advantage with
Dental/Vision6 294.65 586 1 4 589.30 586 2 5 883.95 586 3 6 UnitedHealthcare Medicare Advantage Edge 347.21 622 1 4 694.42 622 2 5 1,041.63 622 3 6 *Blue Shield Trio is only available in Orange, San Luis Obispo, Santa Barbara, and Ventura. (partial counties served) 1 Dental and Vision coverage is an additional $38.00 per member per month premium. You will be billed directly for this amount. 2 Dental and Vision coverage is an additional $38.00 per member per month premium. You will be billed directly for this amount. 3 Dental benefit is an additional $15.05 per member per month premium. You will be billed directly for this amount. 4 Sharp Performance Plus, Sharp Direct Advantage, and Sharp Direct Advantage plus Dental Option is only available in San Diego. 5 Dental benefit is an additional $13.00 per member per month premium. You will be billed directly for this amount. 6 Dental and Vision coverage is an additional $25.55 per member per month premium. You will be billed directly for this amount.

Fresno, Imperial, Inyo, Kern, Kings, Madera, Orange, San Diego, San Luis Obispo, Santa Barbara, Tulare, Ventura 1 City of Guadalupe
2022 CalPERS Medical Plan Rates
Service Employees International Union Local 620
SEIU Year SEIU Year
Rates Per Month 2021 Rates Per Month 2022
Total Premium Emp. Emp. + 1 Emp. + 2 Total Premium Emp. Emp. + 1 Emp. + 2 Anthem HMO $ 1,046.04 $ 2,092.08 $ 2,719.70 Anthem HMO $ 1,007.13 $ 2,014.26 $ 2,618.54 Blue Shield Access+ $ 938.96 $ 1,877.92 $ 2,441.30 Blue Shield Access+ $ 900.22 $ 1,800.44 $ 2,340.57 PERS Choice $ 783.19 $ 1,566.38 $ 2,036.29 PERS PLATINUM $ 882.18 $ 1,764.36 $ 2,293.67 PERS Select $ 476.92 $ 953.84 $ 1,239.99 PERS GOLD $ 587.78 $ 1,175.56 $ 1,528.23 PERS Care $ 1,115.68 $ 2,231.36 $ 2,900.77
Employee Cost Emp. Emp. + 1 Emp. + 2 Employee Cost Emp. Emp. + 1 Emp. + 2 Anthem HMO $ 346.04 $ 779.27 $ 1,157.05 Anthem HMO $ 320.46 $ 728.10 $ 1,090.54 Blue Shield Access+ $ 238.96 $ 565.11 $ 878.65 Blue Shield Access+ $ 227.37 $ 541.92 $ 848.50 PERS Choice $ 83.19 $ 253.57 $ 473.64 PERS PLATINUM $ 119.19 $ 325.57 $ 567.24 PERS Select $ (223.08) $ (358.97) $ (322.66) PERS GOLD $ (190.07) $ (292.95) $ (236.84) PERS Care $ 415.68 $ 918.55 $ 1,338.12
Employer Cost Emp. Emp. + 1 Emp. + 2 Employer Cost Emp. Emp. + 1 Emp. + 2 Anthem HMO $ 700.00 $ 1,312.81 $ 1,562.65 Anthem HMO $ 686.67 $ 1,286.16 $ 1,528.00 Blue Shield Access+ $ 700.00 $ 1,312.81 $ 1,562.65 Blue Shield Access+ $ 672.85 $ 1,258.52 $ 1,492.07 PERS Choice $ 700.00 $ 1,312.81 $ 1,562.65 PERS PLATINUM $ 762.99 $ 1,438.79 $ 1,726.43 PERS Select $ 700.00 $ 1,312.81 $ 1,562.65 PERS GOLD $ 777.85 $ 1,468.51 $ 1,765.07 PERS Care $ 700.00 $ 1,312.81 $ 1,562.65
Red font denotes monthly balances deposited into Deferred Compensation for Employee Only subscribers Blue font denotes cost savings to the City; no Employer Contribution to Deferred Compensation plans City of Guadalupe
2022 CalPERS Medical Plan Rates
Guadalupe Police Officers Assocation
POA Year POA Year
Rates Per Month 2021 Rates Per Month 2022
Total Premium Emp. Emp. + 1 Emp. + 2 Total Premium Emp. Emp. + 1 Emp. + 2 Anthem HMO $ 1,046.04 $ 2,092.08 $ 2,719.70 Anthem HMO $ 1,007.13 $ 2,014.26 $ 2,618.54 Blue Shield Access+ $ 938.96 $ 1,877.92 $ 2,441.30 Blue Shield Access+ $ 900.22 $ 1,800.44 $ 2,340.57 PERS Choice $ 783.19 $ 1,566.38 $ 2,036.29 PERS PLATINUM $ 882.18 $ 1,764.36 $ 2,293.67 PERS Select $ 476.92 $ 953.84 $ 1,239.99 PERS GOLD $ 587.78 $ 1,175.56 $ 1,528.23 PERS Care $ 1,115.68 $ 2,231.36 $ 2,900.77
Employee Cost Emp. Emp. + 1 Emp. + 2 Employee Cost Emp. Emp. + 1 Emp. + 2 Anthem HMO $ 71.04 $ 1,117.08 $ 1,744.70 Anthem HMO $ 32.13 $ 1,039.26 $ 1,643.54 Blue Shield Access+ $ (36.04) $ 902.92 $ 1,466.30 Blue Shield Access+ $ (74.78) $ 825.44 $ 1,365.57 PERS Choice $ (191.81) $ 591.38 $ 1,061.29 PERS PLATINUM $ (92.82) $ 789.36 $ 1,318.67 PERS Select $ (498.08) $ (21.16) $ 264.99 PERS GOLD $ (387.22) $ 200.56 $ 553.23 PERS Care $ 140.68 $ 1,256.36 $ 1,925.77
Employer Cost Emp. Emp. + 1 Emp. + 2 Employer Cost Emp. Emp. + 1 Emp. + 2 Anthem HMO $ 975.00 $ 975.00 $ 975.00 Anthem HMO $ 975.00 $ 975.00 $ 975.00 Blue Shield Access+ $ 975.00 $ 975.00 $ 975.00 Blue Shield Access+ $ 975.00 $ 975.00 $ 975.00 PERS Choice $ 975.00 $ 975.00 $ 975.00 PERS PLATINUM $ 975.00 $ 975.00 $ 975.00 PERS Select $ 975.00 $ 975.00 $ 975.00 PERS GOLD $ 975.00 $ 975.00 $ 975.00 PERS Care $ 975.00 $ 975.00 $ 975.00
Red font denotes monthly balances deposited into Deferred Compensation for Employee Only subscribers Blue font denotes cost savings to the City; no Employer Contribution to Deferred Compensation plans Purple font denotes $.10 increase
City of Guadalupe
2022 CalPERS Medical Plan Rates
International Assocation of Fire Fighters Local 4403 Unrepresented Employees IAFF & Unrepresented Employees Year IAFF & Unrepresented Employees Year Rates Per Month 2021 Rates Per Month 2022
Total Premium Emp. Emp. + 1 Emp. + 2 Total Premium Emp. Emp. + 1 Emp. + 2 Anthem HMO $ 1,046.04 $ 2,092.08 $ 2,719.70 Anthem HMO $ 1,007.13 $ 2,014.26 $ 2,618.54 Blue Shield Access+ $ 938.96 $ 1,877.92 $ 2,441.30 Blue Shield Access+ $ 900.22 $ 1,800.44 $ 2,340.57 Blue Shield Trio $ 722.56 $ 1,445.12 $ 1,878.66 Blue Shield Trio $ 722.56 $ 1,445.12 $ 1,878.66 PERS Choice $ 783.19 $ 1,566.38 $ 2,036.29 PERS PLATINUM $ 882.18 $ 1,764.36 $ 2,293.67 PERS Select $ 476.92 $ 953.84 $ 1,239.99 PERS GOLD $ 587.78 $ 1,175.56 $ 1,528.23 PERS Care $ 1,115.68 $ 2,231.36 $ 2,900.77
Employee Cost Emp. Emp. + 1 Emp. + 2 Employee Cost Emp. Emp. + 1 Emp. + 2 Anthem HMO $ - $ 779.27 $ 1,157.05 Anthem HMO $ (5.71) $ 767.85 $ 1,142.20 Blue Shield Access+ $ - $ 565.11 $ 878.65 Blue Shield Access+ $ (11.63) $ 541.84 $ 848.40 PERS Choice $ - $ 253.57 $ 473.64 PERS PLATINUM $ 27.00 $ 307.56 $ 543.84 PERS Select $ - $ (358.97) $ (322.66) PERS GOLD $ 33.68 $ (292.24) $ (235.91) PERS Care $ - $ 918.55 $ 1,338.12
Employer Cost Emp. Emp. + 1 Emp. + 2 Employer Cost Emp. Emp. + 1 Emp. + 2 Anthem HMO $ 1,046.04 $ 1,312.81 $ 1,562.65 Anthem HMO $ 1,012.84 $ 1,246.41 $ 1,476.34 Blue Shield Access+ $ 938.96 $ 1,312.81 $ 1,562.65 Blue Shield Access+ $ 911.85 $ 1,258.60 $ 1,492.17 PERS Choice $ 783.19 $ 1,312.81 $ 1,562.65 PERS PLATINUM $ 855.18 $ 1,456.80 $ 1,749.83 PERS Select $ 476.92 $ 1,312.81 $ 1,562.65 PERS GOLD $ 554.10 $ 1,467.80 $ 1,764.14 PERS Care $ 1,115.68 $ 1,312.81 $ 1,562.65
Blue font denotes cost savings to the City; no Employer Contribution to Deferred Compensation plans City of Guadalupe - GU
Claims Medical ActivityIndemnity ActivityExpense Activity Total Activity Future Total Reserve Fiscal Year Open Closed Total Medical Paid Indemnity Paid Expense Paid Total Paid Medical Indemnity Expense Total Incurred 2007 - 2008 0 4 4 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,405.80 47.89 10.00 2,463.69 2,463.69
Recovery: 0.00
2008 - 2009 0 5 5 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 985.98 560.05 0.00 1,546.03 1,546.03
Recovery: 0.00
2009 - 2010 0 8 8 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 28,026.56 100,092.22 7,353.30 135,472.08 135,472.08
Recovery: 0.00
2010 - 2011 0 6 6 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 30,763.90 256,554.59 10,832.32 298,150.81 298,150.81
Recovery: 328.60
2011 - 2012 0 1 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,090.05 299.80 15.56 3,405.41 3,405.41
Recovery: 0.00
2012 - 2013 0 6 6 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 131,267.83 180,981.33 82,271.87 394,521.03 394,521.03
Recovery: 0.00
2013 - 2014 0 4 4 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,519.98 4,125.50 299.92 5,945.40 5,945.40
Recovery: 0.00
2014 - 2015 0 6 6 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 41,837.95 35,446.10 3,770.60 81,054.65 81,054.65
Recovery: 0.00
2015 - 2016 0 21 21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 12,964.62 26,560.49 2,073.71 41,598.82 41,598.82
Recovery: 0.00
2016 - 2017 0 10 10 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 82,289.72 32,499.34 8,401.45 123,190.51 123,190.51
Recovery: 14,008.43
California JPIA
Workers' Compensation Summary Report
Activity Paid: 11/1/21 - 11/30/21 As Of 11/30/2021
Sedgwick Copyright © 2021 All rights reserved. This document is provided for informational purposes only.

City of Guadalupe - GU
Claims Medical ActivityIndemnity ActivityExpense Activity Total Activity Future Total Reserve Fiscal Year Open Closed Total Medical Paid Indemnity Paid Expense Paid Total Paid Medical Indemnity Expense Total Incurred 2017 - 2018 1 7 8 0.00 0.00 0.00 1,160.00 14,236.58 1,699.40 2,691.26 18,627.24 77,330.66 214,201.30 13,585.71 305,117.67 323,744.91
Recovery: 0.00
2018 - 2019 2 6 8 0.00 0.00 535.50 1,695.50 114,266.51 533,423.03 19,866.25 667,555.79 98,406.12 241,985.69 93,441.79 433,833.60 1,101,389.39
Recovery: 0.00
2019 - 2020 0 6 6 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,088.72 4,409.73 597.70 8,096.15 8,096.15
Recovery: 0.00
2020 - 2021 1 5 6 660.32 0.00 64.82 725.14 1,047.09 0.00 689.42 1,736.51 963.34 4,891.92 511.88 6,367.14 8,103.65
Recovery: 0.00
Report Totals: 4 95 99 660.32 2,320.00 600.32 3,580.64 129,550.18 535,122.43 23,246.93 687,919.54 514,941.23 1,102,655.95 223,165.81 1,840,762.99 2,528,682.53 Indemnity Claims 50 Open Indemnity 3
Medical Claims 49 Open Medical 1
Total Claims 99 Open Claims 4
California JPIA
Workers' Compensation Summary Report
Activity Paid: 11/1/21 - 11/30/21 As Of 11/30/2021
Sedgwick Copyright © 2021 All rights reserved. This document is provided for informational purposes only.

City of Guadalupe - GU
Claims Medical ActivityIndemnity ActivityExpense Activity Total Activity Future Total Reserve Fiscal Year Open Closed Total Medical Paid Indemnity Paid Expense Paid Total Paid Medical Indemnity Expense Total Incurred 2007 - 2008 0 4 4 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 2,405.80 47.89 10.00 2,463.69 2,463.69
Recovery: 0.00
2008 - 2009 0 5 5 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 985.98 560.05 0.00 1,546.03 1,546.03
Recovery: 0.00
2009 - 2010 0 8 8 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 28,026.56 100,092.22 7,353.30 135,472.08 135,472.08
Recovery: 0.00
2010 - 2011 0 6 6 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 30,763.90 256,554.59 10,832.32 298,150.81 298,150.81
Recovery: 328.60
2011 - 2012 0 1 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,090.05 299.80 15.56 3,405.41 3,405.41
Recovery: 0.00
2012 - 2013 0 6 6 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 131,267.83 180,981.33 82,271.87 394,521.03 394,521.03
Recovery: 0.00
2013 - 2014 0 4 4 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,519.98 4,125.50 299.92 5,945.40 5,945.40
Recovery: 0.00
2014 - 2015 0 6 6 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 41,837.95 35,446.10 3,770.60 81,054.65 81,054.65
Recovery: 0.00
2015 - 2016 0 21 21 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 12,964.62 26,560.49 2,073.71 41,598.82 41,598.82
Recovery: 0.00
2016 - 2017 0 10 10 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 82,289.72 32,499.34 8,401.45 123,190.51 123,190.51
Recovery: 14,008.43
California JPIA
Workers' Compensation Summary Report
Activity Paid: 12/1/21 - 12/31/21 As Of 12/31/2021
Sedgwick Copyright © 2022 All rights reserved. This document is provided for informational purposes only.

City of Guadalupe - GU
Claims Medical ActivityIndemnity ActivityExpense Activity Total Activity Future Total Reserve Fiscal Year Open Closed Total Medical Paid Indemnity Paid Expense Paid Total Paid Medical Indemnity Expense Total Incurred 2017 - 2018 1 7 8 0.00 0.00 0.00 1,160.00 14,236.58 539.40 2,691.26 17,467.24 77,330.66 215,361.30 13,585.71 306,277.67 323,744.91
Recovery: 0.00
2018 - 2019 2 6 8 0.00 0.00 1,604.63 2,764.63 114,266.51 532,263.03 18,261.62 664,791.16 98,406.12 243,145.69 95,046.42 436,598.23 1,101,389.39
Recovery: 0.00
2019 - 2020 0 6 6 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 3,088.72 4,409.73 597.70 8,096.15 8,096.15
Recovery: 0.00
2020 - 2021 1 5 6 745.82 0.00 99.22 845.04 2,451.12 0.00 601.05 3,052.17 1,709.16 4,891.92 611.10 7,212.18 10,264.35
Recovery: 0.00
Report Totals: 4 95 99 745.82 2,320.00 1,703.85 4,769.67 130,954.21 532,802.43 21,553.93 685,310.57 515,687.05 1,104,975.95 224,869.66 1,845,532.66 2,530,843.23 Indemnity Claims 51 Open Indemnity 4
Medical Claims 48 Open Medical 0
Total Claims 99 Open Claims 4
California JPIA
Workers' Compensation Summary Report
Activity Paid: 12/1/21 - 12/31/21 As Of 12/31/2021
Sedgwick Copyright © 2022 All rights reserved. This document is provided for informational purposes only.

January 25, 2021
Updates below:

1. Royal Theater Historic Registry
The Mayor would like to thank everyone for their very personal and insightful letters of support for the Royal Theater National Register nomination. Copies will be presented to the members of State Historical Resources Commission. We hope that the nomination process and eventual listing of the theater will bring greater attention to the Japanese American experience, the theater, and more generally the City of Guadalupe. One should know that the letters of support for the Royal Theater have been far beyond the usual letters of support they receive, and we think this likely reflects on the sense of community that exists in Guadalupe.

2. Approved Recreation & Parks Commission Minutes – December 8, 2021. Please see copy of the December 8, 2021, Recreation and Parks Commission minutes (Exhibit A).

3. Building Committee
With the advent of the new Recreation Services Manager, city staff/mayor talked about the various improvements needed for our municipal facilities. Staff will develop a Building Committee to focus on our facility deficiencies, especially City Hall. City Hall has a leaky roof, need for increased electrical demand, and HVAC upgrades. We are looking to remodel the council chambers to include new communication systems and the City Auditorium Ad Hoc Committee it is working on a plan to make enhancements to the Auditorium. We feel it is necessary to have everyone on the ‘same page.’ Tentative Building Committee scheduled for Monday, January 24 at 10 a.m. in the city council chambers.

4. Land Conservation Fund (LWCF) Grant Cycle. The California Department of Parks and Recreation’s Office of Grants and Local Services (OGALS) The City may consider the submitting the grant application with LWCF. It is a tight timeline with an application deadline on February 1, 2022. The agency personnel are the same the same folks as Central Park so there is familiarity.

How Much Funding is Available?
Up to $45 million in projects will be selected. This is the largest amount of Land and Water Conservation Funding made available in the past two decades. A higher range of grant Agenda Item No. 10
requests are needed to make this year's cycle more competitive and reach California's $45 million target!
What is the Maximum Grant Amount per Application?
$6 Million! There is a minimum 50% match of the total project cost, therefore projects that are expected to cost at least $12M can request the maximum grant amount of $6M to be reimbursed through the LWCF program. There is no set minimum grant request amount.

What Type of Projects are Eligible for LWCF?
Acquisition or Development projects for outdoor recreation opportunities. From urban to rural, neighborhood and city parks, to regional open space areas for outdoor recreation - all are eligible.

NOTE: It is most interested in funding land acquisition for recreation/sports activities.

Any property needs purchasing? There was some discussions about a trail along the western city limits, but this might be a stretch. It is also eligible to improve O'Connell Park (but no extra points). This committee will see if this grant can fit the city’s needs based the grant criteria.

5. City Council Chambers Technology and City Website
Our consultant has been working with Fire Captain Patrick Schmitz (technological extraordinaire) on the chamber project and staff is working out the minute details. Staff thinks we have a nice plan that should keep the city in a good spot for some years to come. Additionally, our consultant has been continuing to work on the planning component for the website. The Consultant will meet with the various departments to make sure that they cover everything that the departments need.

6. Vets and Legion
The negotiations between the Legion and City are moving slowly. We are hoping for a resolution in how this building can be used by all veterans including the local Vietnam Veterans and Santa Maria Mid-Coast Alliance. This building needs to be all inclusive even for outside events for non-veterans.

7. Santa Barbara County Housing Authority Grant
Staff has more good news regarding housing in our county.

The Santa Barbara County Housing Authority has been notified of being recommended for an award of $12 million in State of California Affordable Housing and Sustainable Communities (AHSC) funding for its Escalante Meadows Housing development located in the City of Guadalupe. This funding is very competitive and challenging to acquire and this project represents the first award of AHSC for Santa Barbara County. To complement the AHSC funds, additional project funding in the amount of $7.1 million for transportation services and amenities is also provided, representing a total AHSC award of $19.1 million. This is the 6th Round of State AHSC funding awards for 2019-20 and 2020-21 fiscal years. The State of California Strategic Growth Council will finalize award determinations at its scheduled January 26, 2022 public meeting. AHSC funding is derived from state cap-and trade proceeds and promotes carbon reduction efforts.

Escalante Meadows is a proposed 80-unit redevelopment (new construction) of an existing 52-unit Public Housing development in the City of Guadalupe. The project scope of work includes rehabilitation of existing public housing apartment homes as well as addition of 28 new units. It will also provide health care and childcare services as part of the overall development in addition to incorporating a 3,000 square foot community center which will be made available to the community at-large. The project has also applied for and is scheduled to receive State of California Community Development Block Grant Disaster Recovery (CDBG-DR) funds in the amount of $529,000 for housing lossmitigation related to the 2017 Thomas Fire. In January 2020, Santa Barbara County CSD responded to a Notice of Intent to realize the CDBG-DR housing funds and continues to work with state HCD on finalizing this allocation. The AHSC funds represent a significant portion of the project final financing and CDBG-DR will complement this in addition to future tax credit financing. The project is scheduled to commence construction in the final quarter of 2022 once tax credits are in place.

8. Veterans Group Flag
The Mayor met with members of the Veterans Group, Vietnam Veterans of America, Post #982, Mid Coast Veterans Group, as well as with Tom Brandeberry, to discuss the flag pole propositions at Le Roy Park. The local veterans wanted to work with Tom and other veterans’ officials to construct a significant memorial flagpole at Le Roy, basically relocating the existing Memorial, which is on private property, over to the park since the lot where the current memorial is set, will likely be sold.

It was the consensus of the group that the flagpole and memorial should be located on highway #1 where everyone could view the memorial. If the memorial were to be located at Le Roy, this would not have the viewing as compared to highway #1.

The group also was instructed, by the mayor, to pen a letter to the City of Guadalupe indicating the desire to relocate the memorial to the local Veterans Building as this is the most appropriate location for the special memorial. It was also recommended that the representatives present should go over to the Vets Building and Lot, to see where this monument could be relocated, if approved by the City. As we know, the property is controlled by the City and the City would need to give permission for the move. As such, the City should be receiving a letter asking for the approval of the above request.

There appears to be significant “structures” in the southeast corner of the lot, including that Drive In Theatre display, which has no “fit” to this area. There is also a tribute to Hank Lawrence at the same corner.

Of course, the Veterans group will, as would all good veterans, abide by the rules and regulations set by the property owner………City. Therefore, this initial communication to what is in the works.

The group will be providing all the financial, labor, etc., costs associated with this removal, new construction, manpower, permitting, etc.

9. Restorative Partners
Sister Theresa contacted City Staff to touch base with us. She said that we not forgotten.

Restorative Partners are in the midst of processing the Guadalupe Project with our Board of Directors and Leadership Team. This takes a bit of time and some members have been laid up with COVID so everything seems to slow down in the process. But they are very much engaged with the process and they will be in touch asap!

10. Human Resources
Human Resources Manager Emiko Gerber has provided a HR report, but staff thought the following position possibilities was discussed by management:
• Engineering Technician – Shannon provided funding allocation from Operations Manager position
• Maintenance Lead/ Recreation & Parks – Council approved ARPA funding for Maintenance Worker I effective January 1, 2022 – June 30, 2023. There may be some savings as recruiting/hiring will likely take place mid-March. • Associate Planner – Recruiting will be held in April and will be training with consultant as he retires.
• Emergency Preparedness Coordinator – Position open from October 2021 – February 2022. Hire date slated for March 1, 2022.
• Facility Rental Coordinator – Hire date slated for mid-February. • Temporary Appt. Administrative Assistant/ Planning Dept – We will need to budget this out from ARPA monies.
• Police Officer/A – replacement
• Police Reserve Program – enrolling 1 position
• Police Officer/B – replacement
• Police Lieutenant – promoting within; potential $30k-$50k savings. • Senior Officer – temporary incentive pays 3-4%?

END OF REPORT

EXHIBIT A

Page 1 of 4 ends

Agenda Item No. 11

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of January 25, 2022

_______________________________ _________________________________ Prepared by: Approved by:

Bill Scott, Contract City Planner Todd Bodem, City Administrator SUBJECT: Public hearing to consider a conditional use permit (2021-151-CUP) to allow reestablishment of a boardinghouse on the second floor at 823-829 Guadalupe Street (Assessor’s Parcel Numbers (115-112-003).

EXECUTIVE SUMMARY:

The applicant is requesting City Council approval of a conditional use permit (CUP) to allow reestablishment of a boardinghouse on the second floor over three first floor commercial properties. The boardinghouse would occupy the upstairs portion of the two-story building at 823-829 Guadalupe Street.

The property is in the G-C (General Commercial) zoning district. Municipal Code Section 18.36.30 (B) requires conditional use permit review and approval for a boardinghouse use in the G-C zone. A categorical exemption was prepared for the project in accordance with State CEQA Guidelines.

RECOMMENDATION:

It is recommended that the City Council:
1) Receive a presentation from staff;
2) Conduct a public hearing, including: a) an opportunity for the applicant to present the proposed project, and b) receive any comments from the public; and 3) Adopt Resolution No. 2022-08 approving Conditional Use Permit 2021-151-CUP for the Kimbell 14-unit boardinghouse.

BACKGROUND:

An attempt to re-establish a boardinghouse in the upstairs location was pursued by the property owner, Mr. Rafael Quiroga, in 2016. Due to cost considerations, that project was ultimately dropped by the applicant, and the application was ultimately closed out by the Planning Department in October 2018.

The property owner has given written permission for the current applicant (and future owner) to pursue the same project. The project would convert the remnant structure from an obsolete 18-room boardinghouse and establish a new 14-unit boardinghouse in the 3,125 square-upstairs space. To accommodate parking, a new driveway and a 25-space parking lot would be constructed. Additionally, Municipal Code section 18.72.010 requires the City to consider the facilities, uses and operations associated with a conditional use to determine if specific conditions are warranted.

Bill Scott

Page 2 of 4 ends

The 0.70-acre property is in Downtown Guadalupe on the northerly side of Eighth Street; and is bounded by Guadalupe Street on the east and Pioneer Street on the west. The rear portion of the property is unimproved land (Attachment 2 – Aerial Vicinity Map). The applicant has expressed the desire to construct a multi-family residential development on the rear portion of the property in the future.

New Construction
As noted, the boardinghouse would contain fourteen sleeping rooms. The typical room is about 120 to 140 square feet with a closet. A common lounge and two shared bathroom/showers are shown on the floor plan (Attachment 3 – Floor Plan). To accommodate the parking needs of the project, a parking plan proposes 25 angled parking spaces extending from a new 20-foot-wide driveway. The one-way driveway is shown to extend along the south side of the property from the existing curb-cut on Guadalupe Street to exit onto Pioneer Street to the west. The project would make frontage improvements on Pioneer Street. The preliminary Parking Plan is provided as Attachment 3. The project is also conditioned to require a new trash enclosure.

Boardinghouse Operations
The facility will provide leases in week-to-week or month-to-month increments. A common lounge and bathrooms/showers are shared by the tenants. The applicant has not identified a specific clientele that might occupy the facility. A limitation of two occupants per room is applied to the project. An on-site manager’s unit will be provided. No provisions for meal preparation or for laundry facilities are proposed.

DISCUSSION:

The two main components of the project are: 1) the proposed physical improvements both interior and exterior; and 2) the operational characteristics of boardinghouse use.

Interior Renovation
Although the interior renovations are a ministerial “tenant improvement,” and thus are not subject to discretionary review; the proposed boardinghouse use and its facilities, as shown on the floor plan, are subject to discretionary consideration.

To construct the new facility, the applicant has submitted a previously approved building plan set (file No. PCN-427-2007), dated March 15, 2009. The plans have been recently reviewed by the City’s contract Building Official, and the Building Official has tentatively endorsed reuse of the plan set. The Building Official’s approval is contingent on final review and approval of the plan set, and a comprehensive inspection of facility by the Building Official, prior to issuance of a certificate of occupancy. The requirements of the Building Official are stipulated in the conditions of approval.

Fire Sprinklers
As noted above, the Building Official has expressed preliminary support for reuse of the previously approved building plan set, in part because that plan set has been partially implemented and to avoid the time and expense of preparing new plans. The Fire Department has recently reviewed the building plans and has stated, the project would need to be sprinklered under current building codes. The approved plans do not require sprinklers. Given the differing opinions of the two City Departments, unless they are able to resolve this internal dispute prior to the hearing on the CUP application, the City Council will need to continue the hearing until a future meeting.

Page 3 of 4 ends

Parking Improvements
For a boardinghouse, Section 18.060.050 of the Zoning Ordinance requires one covered parking space for each habitable room. A Parking Plan submitted by the applicant, depicts a new one-way driveway extending from the existing driveway entrance on Guadalupe Street. The driveway would exit onto Pioneer Street to the west. Twenty-five angled parking spaces (including one ADA space) extend from the driveway. No off-street parking is required for the existing commercial first floor spaces.

Plan Revisions
The parking plan provided is conceptual. The City Engineer, the Building Official, the Planning Department, and the Fire department have tentatively endorsed the preliminary parking plan pending the completion of specific revisions. The conditional use permit includes conditions to require fully revised parking plans submitted and approved by each Department prior to issuance of a zoning clearance. As conditioned, the project will meet applicable Municipal Code building and development standards.

Boardinghouse Operations
As noted, the Municipal Code specifies a boardinghouse use is a conditional use in the G-C (General Commercial) zone. Furthermore, Municipal Code section 18.72.010 (Issuance of Conditions) requires the City to consider the uses, operations and activities of the facility and apply any conditions as deemed necessary to ensure for the orderly operation of the boardinghouse use. In this case, the operational components considered are:

Onsite management: To ensure an appropriate degree of order is maintained, an on-site manager will be provided. The manager will be available to assist tenants; provide routine maintenance, and to ensure for orderly operation of the facility. The requirement for an on-site manager is included in the conditions of approval.

House Rules: The management will establish a basic set of “house rules” to address tenant’s responsibilities, including but not limited to: the use and cleaning of the shared facilities, smoking (not allowed inside any unit or anywhere inside the building), the number of vehicles allowed per tenant, noise, room occupancy limitations and visitation; and general conduct in the communal living facility.

The requirement for house rules is included in the conditions of approval.

Housekeeping/Janitorial: The boardinghouse will establish a regular cleaning schedule, for both interior areas and the outdoor and parking area. The facility will monitor the parking area to ensure vehicle storage does not occur in parking spaces or inoperable vehicles do not remain on the premises. The cleaning and maintenance schedule is subject to the judgement of the proprietor; however, the project is conditioned to require that an acceptable degree of cleanliness is maintained to meet this requirement.

Room Occupancy: The applicant has expressed the desire to rent to couples as well as single tenants.

The applicant has stated the room are approximately 120 square feet in size. According to the Building Official, the International Property Maintenance Code (IMPC) is applied where a local code is silent.

Based on the IMPC standard, a 120 square-foot room, without a kitchen, could be occupied by up to two

Page 4 of 4 ends

people. Therefore, the project has been conditioned to permit a maximum of up to two occupants per room in accordance with applicable building and safety codes.

Shared Facilities: Based on the project description, rooms could potentially be rented to males, females or to couples. Since facilities such as bathrooms and showers are shared, the project proponent will ensure accommodations are made to ensure for the safe and orderly use of the shared facilities. Based on the above, the facility is anticipated to operate in a manner that provides a secure environment for residents as well as for the immediate neighborhood.

On-site Meals
Staff believes residents would benefit from a provision for on-site meal preparation. Particularly given there is no limit on the length a boarder may stay at the facility. In this case, no cooking facilities or provisions for on-site meals is currently provided. Section 18.08.120 specifies a boardinghouse is: “a building, other than a hotel, where lodging is provided to individuals with or without meals…” Therefore, meal preparations facilities are not required by the Municipal Code, and none are provided. However, staff believes the landlord should be encouraged to consider a source for on-site food meal preparation in the future. A restaurant exists in one of the first-floor commercial spaces, so it would be relatively easy to offer meals to the residents.

CEQA Review
The project is exempt from environmental review. The physical improvement associated with the boardinghouse are limited to an interior remodel in a 3,125 square-foot space in an existing building:
and construction of a driveway and parking totaling approximately 9,000 square-feet on a 30,300 squarefoot parcel in Downtown Guadalupe. The degree of grading and construction associated with the project is negligible. Therefore, the project has been found to be exempt from CEQA based on the Class 1 (Existing Facilities) Categorical Exemption (CEQA Sec. 15301).

PUBLIC NOTICE:

Staff published the required Public Hearing Notice in a newspaper of general circulation on January 14, 2022. Copies of the Public Hearing Notice were also mailed to property owners and occupants within a 300-foot radius of the subject property.

FISCAL IMPACTS:

Fiscal impacts are anticipated to be negligible. As noted, the project consists of a minor interior renovation and associated parking expansion with carports. The project is an infill project located in an established neighborhood where City infrastructure and services are already provided. The project developer will install public street frontage improvements as specified by the City Engineer.

ATTACHMENTS:

1. Resolution No. 2022-08, including CEQA Notice of Exemption (Exhibit 1), Approval Findings (Exhibit 2), and Conditions of Approval (Exhibit 3).

2. Aerial Vicinity Map

3. Project Plans

Page 1 of 17 ends

RESOLUTION NO. 2022-08

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT (2021-151-CUP ) TO REESTABLISH A SECOND FLOOR BOARDINGHOUSE USE, ON PROPERTY LOCATED AT 823 - 829 GUADALUPE STREET WHEREAS, Mr. Patrick Kimbell (the “Applicant”) has applied to the City of Guadalupe for a conditional use permit to re-establish a boardinghouse on the second floor of the building at 823- 829 Guadalupe Street (APN 115-112-003); and
WHEREAS, the property is located in the G-C (General Commercial) zoning district and Municipal Code Section 18.36.030 (B) requires approval of a conditional use permit for a boardinghouse use in the C-G (General Commercial) zone district; and
WHEREAS, a building plan and a preliminary site plan have been tentatively endorsed by all City departments having an interest in the project; and in accordance with Municipal Code section

18.12.010, the plan submittals will meet applicable building and development code standards prior to issuance of a zoning clearance; and
WHEREAS, in accordance with Guadalupe Municipal Code section 18.72.010 the uses to occur in association with the boardinghouse were considered by the City and the project is conditioned to maintain a quality and secure living environment for boardinghouse residents and the members of the immediate community; and
WHEREAS, conditional use permit 2021-151-CUP was considered by City Council on January 25, 2022; and
WHEREAS, Staff duly published notice of a public hearing on January 15, 2022 regarding conditional use permit 2021-151-CUP, and mailed copies of the notice to all property owners and occupants within a 300-foot radius of the of the subject property; and WHEREAS, after taking public testimony and hearing evidence from City staff, the City Council finds, pursuant to the findings attached to this resolution as Exhibit 2 and subject to the project’s conditions of approval attached to this resolution as Exhibit 3, that the approval of the conditional use permit and revised project description, is consistent with the City’s General Plan and applicable chapters of the City’s Municipal Code; and
WHEREAS, the City Council has considered the entire administrative record, including application materials, staff report, the California Environmental Quality Act determination, and oral and written testimony from interested persons; and
WHEREAS, the City Council finds that after completely reviewing this conditional use permit, it can be seen with certainty that there is no possibility that the activity in question may have a ATTACHMENT 1

Page 2 of 17 ends

significant effect on the environment, and therefore the activity is not subject to CEQA per CEQA Guidelines Section 15301, Existing Facilities, Exhibit 1; and WHEREAS, the City Council finds that approval of the conditional use permit would be consistent with the City’s General Plan, the provisions of Title 18 (Zoning Code) of the Guadalupe Municipal Code; and the Council therefore has the ability to make the required findings, including findings pursuant to the California Environmental Quality Act; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Guadalupe does hereby find and determine as follows:

Section 1. The Findings set forth in Exhibit 2 to this Resolution are true and correct in regards to Conditional Use Permit 2021-151-CUP, which is hereby adopted and incorporated herein by this reference.

Section 2. After reviewing the revised project description and this conditional use permit completely, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and therefore the activity is not subject to CEQA per CEQA Guidelines Section 15301, Existing Facilities.

Section 3. The Conditional Use Permit (2021-151-CUP) is approved, subject to the conditions of approval set forth in Exhibit 3 of this Resolution.

Section 4. The City Clerk shall certify as to the adoption of this Resolution.

Section 5. The Planning Director shall file Exhibit 1, Notice of Exemption, with the Santa Barbara County Clerk.

PASSED, APPROVED AND ADOPTED at a regular meeting on the 25th day of January 2022 by the following vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAIN:

I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2022-08 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held January 25, 2021, and that same was approved and adopted.

Page 3 of 17 ends

ATTEST:
______________________________ ____________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
______________________________
Philip Sinco, City Attorney
Exhibits:

Exhibit 1 - CEQA Categorical Exemption
Exhibit 2 - Findings
Exhibit 3 - Conditions of Approval

Page 4 of 17 ends

Notice of Exemption Exhibit 1
To: County Clerk From: City of Guadalupe
County of Santa Barbara 819 Obispo Street
123 E. Anapamu Street Guadalupe, CA 93434
Santa Barbara, CA 93101
Project Title: Boardinghouse for Patrick Kimbell
Project Applicant: Patrick Kimbell, Kimbell and Brown Construction, inc.

Project Location-Specific: 823 - 829 Guadalupe Street
Project Location-City: Guadalupe Project Location-County: Santa Barbara County Description of Nature, Purpose, and Beneficiaries of Project:

The scope of physical construction is limited to an interior remodel in the 3,125 square foot upper portion of a two-story building at 823-829 Guadalupe Street, in Downtown Guadalupe. The ground floor of the building is occupied by retail space. The remodel would remove the remnants of an 18-unit boardinghouse, and replace the old structure with the improvements necessary to accommodate a new 14-unit boardinghouse. A new driveway and 25-space parking lot will be constructed behind the building. The project supports City objectives to provide alternative types of housing to meet the wide range of housing needs.

Name of Public Agency Approving Project: Guadalupe City Council Name of Person or Agency Carrying Out Project: Bill Scott, Contract City Planner Exempt Status: (check one)
__Ministerial (Sec. 15268);
__ Declared Emergency (Sec. 15269(a));
__ Emergency Project (Sec. 15269(b)(c));
XX Categorical Exemption. State type and section number: Class 1 (15301) for Existing Facilities __ General Exemption (Section 15061(b)(3))
Reasons why project is exempt:

The project is a conditional use permit (CUP) to allow re-establishment and operation of a boardinghouse in an existing mixed-use building. The interior improvements are within the 3,125 square-foot second-floor space of the building at 823-829 Guadalupe Street. The project would remove and replace the structure from an obsolete 18-unit boardinghouse, that had existed in the space for many years, and establish a new 14-room boardinghouse. The new facility would include a common lounge and two shared bathrooms.

Associated site improvements would consist of a new driveway and a 25-space parking lot. The parking lot improvements cover approximately 9,000-square-feet and will be constructed along the southerly property line of the 30,300 square-foot property. Operationally, the CUP includes conditions to provide for a secure and orderly boardinghouse operation. The project would re-establish a previously established use on the property. The degree of grading and construction is negligible, and the location is a developed inner city infill site. After reviewing scope of the physical construction and scope of the uses in the boardinghouse, it can be seen with certainty that there is no possibility that the use and improvements in question may have a significant effect on the environment. Therefore, the project is not subject to CEQA.

Page 5 of 17 ends

Contact Person: Bill Scott (Area Code) Phone Number/Ext: (805) 478-4778 Signature: _______ Title: Contract City Planner
Date received for filing at County Clerk’s Office: ________________ (Form prepared March 2018)

Page 6 of 17 ends

EXHIBIT 2, FINDINGS FOR APPROVAL

BOARDINGHOUSE FOR PATRICK KIMBELL
2021-151-CUP

1.0 CEQA Findings

1.1 CONSIDERATION OF THE CATEGORICAL EXEMPTION AND FULL

DISCLOSURE
The City Council has considered the Categorical Exemption (Class 1) together with the comments received and considered during the public review process for the project. The Categorical Exemption has been completed in compliance with CEQA, and is adequate for this proposal.

1.2 FINDING OF NO SIGNIFICANT EFFECT
On the basis of the whole record, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and therefore the activity is not subject to CEQA.

1.3 LOCATION OF DOCUMENTS
The documents and other materials which constitute the record of proceedings upon which this decision is based are in the custody of the City of Guadalupe, 918 Obispo Street, Guadalupe, CA 93434.

2.0 Administrative Findings

2.1 CONDITIONAL USE PERMIT FINDINGS
Pursuant to City of Guadalupe Municipal Code, Section 18.72.050, a Conditional Use Permit shall be approved only if all of the following findings can be made:

A. The project is consistent with the General Plan.

The 14-room boardinghouse is proposed for a 3,125 square-foot space on the second floor of an existing building on property in the G-C (General Commercial) zoning district.

The boardinghouse use is recognized as a conditionally permitted use in the G-C (General Commercial) zone. Furthermore, the project supports General Plan objectives to provide a variety of housing types and opportunities, including alternative forms of housing for individuals with nontraditional housing needs. Therefore, the project is consistent with the General Plan.

Page 7 of 17 ends

B. That the project will not be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or whether it will be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the City.

The project will make minor tenant and site improvements to accommodate a new 14- unit boardinghouse; and establish certain services and activities in association with the use. The site improvements are limited to approximately 9,000 square-feet of driveway, parking, and landscape improvements to Municipal Code standards. The interior tenant improvements have been found by the City’s Building Official to meet applicable building and safety codes.

The facility will provide for week-to-week or month-to-month leases for rooms with a common lounge and common bathroom/showerfacilities. As specified by Municipal Code Article l., Chapter 18.72 (Conditional Use Permits), the activities and operations to occur at the boardinghouse have been evaluated by the City Council and the uses and activities are conditioned to ensure a secure environment for residents and for the immediate community. As conditioned, staff believes the project will not be detrimental to the general welfare of the persons residing or working in the neighborhood, or to the general welfare of the City

Page 8 of 17 ends

EXHIBIT 3

BOARDINGHOUSE FOR PATRICK KIMBELL
2021-151-CUP

CONDITIONS OF APPROVAL

1. Project Description. The permittee shall comply with the project description, and site plan (Attachment 3), dated January 25, 2022. Any changes from the project description, or conditions may require a permit amendment, as determined by the Planning Director. Contact the Planning Department prior to changing anything onsite. The property shall be sold, leased or financed in compliance with this project description, site plan and conditions of approval.

The Project Description establishes the physical improvements and general use parameters for a boardinghouse on property in the G-C (General-Commercial) zoning district, at 823-825 Guadalupe Street (APN 115-112-003), as follows:

Tenant Improvements: The project acknowledges prior demolition and removal of an abandoned 18-room boardinghouse and construction of a new 14-unit boardinghouse and associated support facilities in the second-floor portion of the building. Prior to completion of the remaining construction activities, a Zoning Clearance and Building Permit set of building plans shall be approved to the satisfaction of the Planning Director and Building Official.

Site improvements:

Site improvements consist of a new 20-foot one-way driveway extending along the southerly side of the property; and at least 14 covered parking spaces with associated landscaping improvements. Attachment - 2 is a preliminary parking plan depicting the configuration and location of the parking improvements. The current parking plan submittal is provided for conceptual review. In accordance with Municipal Code section 18.12.010(A) (Zoning Clearance), the parking plan will be revised to meet all requisite Municipal Code development standards prior to issuance of a zoning clearance.

Boardinghouse Facilities:

The boardinghouse consists of 14 sleeping rooms, a common lounge and two common restroom/shower facilities as shown on the Floor Plan (Attachment 3).

Boardinghouse Operations:

Room Rental: The rooms will typically be rented on a weekly or monthly increments.

Daily rentals are not permitted.

Occupancy: A maximum of two (2) occupants per room shall be permitted as allowed by applicable local, state and federal laws.

Page 9 of 17 ends

On-Site Management: An on-site manager and an on-site designee shall be provided to monitor the facility and provide tenant assistance and daily maintenance.

House Rules: A set of “house rules” will be established for tenants, to address tenant’s use of the facilities, including but not limited to: the use and cleaning of shared areas, prohibition on smoking indoors, the number of vehicles allowed per tenant, noise, and general conduct at the facility.

Housekeeping/Maintenance: Regularly scheduled housekeeping and/or janitorial service will be provided throughout the premises; including indoor and outdoor areas. The type and scheduling of cleaning services is solely at the judgement of the management.

2. The Applicant agrees, as a condition of approval of this resolution to indemnify, defend and hold harmless, at Applicant’s expense, City and agents, officers, and employees from and against any claim, action or proceeding to attack, review, set aside, void, or annul the approval of this permit or to determine the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify the Applicant of any such claim, action or proceeding, to which City receives notice, and City will cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City for any court costs and attorney’s fees that the City may be required to pay as a result of any such claim, action or proceeding, but such participation shall not relieve Applicant of the obligation of this condition. Applicant’s acceptance of this permit approval or commencement of construction or operations under the approval shall be deemed to be acceptance of all conditions of approval.

3. If any condition imposing a fee, exaction, or dedication is challenged by the project sponsors in an action filed in a court of law or threaten to be filed therein which action is brought within the time provided for by law, this this approval shall be suspended pending dismissal of such action, the expiration of the limitation period applicable to such action, or final action. If any condition is invalidated by a court of law, the entire project shall be reviewed by the City and substitute conditions may be imposed.

CITY ENGINEER CONDITIONS
All of the following conditions shall be completed to the satisfaction of the City Engineer prior to issuance of Certificate of Occupancy, unless otherwise stated herein.

4. County assessor parcel map indicates the address for APN 115–112–003 is 829 Guadalupe St. Correct address on all drawings before resubmittal.

5. All engineering submittals and drawings prepared by the applicant’s engineer shall be signed and sealed by a California licensed civil engineer.

Page 10 of 17 ends

6. Prior to completion of construction, the applicant shall provide a copy of a preliminary Title Report, no more than 6 months old to the City Engineer.

7. Park development and public facilities fees shall be paid per the master fee schedule.

8. Submit grading and drainage plans, including a geotechnical report providing technical specifications for grading of the site and prepared by a Geotechnical Engineer, to the City and Santa Barbara County Flood Control District for plan checking and comment. Before occupancy clearance is issued for the boardinghouse, the applicant shall address all comments to the satisfaction of the City Engineer.

9. Upon approval of the improvement plans, the applicant shall provide a scanned pdf of the signed plans and three sets of prints of the signed improvement plans for inspection purposes.

10. The entire site shall be permanently maintained free of accumulated dirt and litter and in an otherwise neat and attractive manner and adhere to the requirements of the City of Guadalupe Municipal Code. Any graffiti on the property shall be promptly painted out. All landscaping areas in the property shall be permanently maintained with healthy, growing plant material, free from weeds. Dead or dying plant material shall be replaced within one month of plant deterioration. Failure to comply with this condition is a public nuisance and is subject to the adopted citation ordinance of the City of Guadalupe.

Bonding:

11. The applicant shall provide an engineer’s estimate for all remaining work included on the public improvement plans, and enter into an agreement with the City, subject to the City's approval. If approved by the City, bonds or other forms of securities shall be submitted as a guarantee for the construction of infrastructure improvements before the issuance of building permits.

Dedication:

12. Before final inspections and acceptance of the public improvements, the applicant shall provide to the City Engineer record as-built drawings, signed by the engineer of record in the following method: one set of scanned pdfs, and one set of reproducible mylars.

13. Applicant agrees to dedicate Public Works improvements to the City.

Infrastructure improvements:

14. Public infrastructure improvements shall be designed and constructed in accordance with the City of Santa Maria standards (adopted by the City of Guadalupe), and the City of

Page 11 of 17 ends

Guadalupe standard drawings when available. The decision of the City Engineer shall be final regarding the specific standards that shall apply.

15. The developer shall obtain an encroachment permit from the Building/Planning Department prior to any work in public streets, right-of-way, or easements.

Storm:

16. The project shall comply with all Municipal Separate Storm Sewer System (MS4) requirements. Low Impact Development, best management practices and similar regulations and guidelines shall be met. The design shall comply with the Santa Barbara County Post Construction Requirements, Stormwater Technical Guide, and all future updates.

17. Stormwater control plans are required for all projects with new and replaced impervious surface greater than 2,500 ft.²

18. The applicant shall submit drainage calculations or an updated drainage report with the public improvement plans.

19. Submit an Erosion and Drainage Control Plan to the City Engineer for review and approval prior to construction. The plan shall reflect “Best Management Practices” as proposed in the California Regional Water Quality Control Board Erosion and Sediment Control Field Manual and shall include both temporary measures (to be used during construction, and until permanent measures are completed/established) and permanent measures. Erosion control measures shall be in place and approved by the City before the start of construction. The plan shall include both source control and perimeter containment measures. All Drainage and Erosion Control Measures shall be designed and sized by a qualified professional.

20. All stormdrain infrastructure located on-site and required by the Post-Construction Requirements (PCRs) adopted by the California Regional Water Quality Control Board for the Central Coast Region shall be privately owned and maintained.

21. Install Storm Drain Markers on all drainage inlets and bioretention signage on all bioretention areas.

22. Prior to final occupancy, an “Owner’s Agreement to Construct and Maintain Private Drainage Improvements for Water Quality” on all private lots where LID measures are required must be approved, signed by the owner and City, and recorded. A template is available from the City Engineer.

23. Prior to final occupancy and if required, a “Storm Water Control Measures Certification of Approval” must be signed and stamped by a California Registered

Page 12 of 17 ends

Engineer, Architect, Geologist and/or Landscape Architect and submitted to the City Engineer. A template is available from the City Engineer.

Solid Waste:

24. Provide a solid waste enclosure constructed and placed to the satisfaction of the City Engineer.

Street/Sidewalk:

25. Applicant shall repair cracked or broken curb, gutter, driveway, and sidewalk along project frontage on Guadalupe Street. Public Works staff will determine the extent of the sidewalk, driveway, and curb and gutter repair in the field prior to construction.

26. Install new sidewalk, curb, and gutter are required along Pioneer Street from the northwest corner of the property to the existing sidewalk at the corner of 8th and Pioneer Street.

27. Upgrade curb ramp at the northeast corner of 8th and Pioneer Street to current ADA standards.

28. Provide a landscape and irrigation plan for the parkway on Pioneer Street for review and approval prior to issuance of the Zoning Clearance.

PLANNING DEPARTMENT CONDITIONS

29. Commencement of work: The applicant shall notify City Planning Department and City Building Department staff of the start date for construction at least five (5) working days in advance of the start of work. This notification shall also include an estimated construction schedule and a truck haul route for demolished and recycled materials.

The applicant shall also notify City staff of the completion of construction and demolition work no more than one working day upon completion.

30. Plan Revisions: As stated, in condition #1 above, the applicant shall submit a revised parking plans as the initial part of the zoning clearance review. The plan shall be designed in full compliance with the Municipal Code parking standards.

A) The revised plans shall be prepared to the satisfaction of the City Engineer, the Building Official, the Planning Department, and the Fire Department; and, at a minimum shall address the following:

1. Landscape and irrigation plan designed to Municipal Code specifications.

Page 13 of 17 ends

2. Parking space and driveway details designed and dimensioned to Zoning Ordinance specifications.

3. Grading, drainage, frontage, and other specified improvements to the satisfaction of the City Engineer.

4. Any stormwater control measures needed to fully comply with County Project Clean water standards.

5. Driveway access widths shown to meet City Fire Department specifications.

6. Supplemental building plans depicting carports to the satisfaction of the Building Official.
,

7. Trash enclosure and concrete pad to City standards.

8. Parking lot lighting to City standards.

B) The applicant is advised to contact each identified City Department for specific plan revision requirements before applying for a zoning clearance.

31. Property maintenance and cleaning: As noted in the Condition 1 above (Project Description), the property owner shall be responsible to ensure the common areas; including but not limited to: bathrooms and shower areas, hallways, lounge; and the outdoor yard and parking areas are maintained in a generally accepted level of cleanliness.

32. Room Occupancy: Each room shall be leased to a maximum of no more than two (2) occupants per room, and in accordance with all applicable local, state and federal laws.

33. Property Management: As noted in Condition 1 above (Project Description) on-site management shall be provided.

34. House Rules: The management shall establish a set of “house rules” for tenants, to address tenant conduct; including but not limited to: the use and cleaning of shared facilities, smoking, the number of vehicles allowed per tenant, noise, visitation and guests, and general conduct at the facility.

35. Inoperable Vehicles: Inoperable vehicles shall be promptly towed from the premises by the property management.

36. Security: Any identified illegal activity shall be immediately addressed and terminated by the property management.

Page 14 of 17 ends

37. Building Exterior: The building is highly prominent on Guadalupe Street/Highway 1 in Downtown Guadalupe.
a) Prior to issuance of occupancy clearance for the boarding house, the property owner shall repair; and as needed, replace and paint worn or weathered portions of the building’s exterior, such a window frames, particularly facing the Guadalupe Street.
b) Broken/boarded windows shall be repaired and/or replaced; and any other measures shall be taken to improve the worn appearance of the easterly building façade prior to issuance of occupancy clearance.

38. Carports: A minimum of fourteen (14) covered parking spaces are required. Detailed plans for carports shall be approved by the Zoning Administrator or a designee, prior to approval of a Zoning Clearance for Building Permit.

39. Recycling: Excess construction materials and demolition materials shall be recycled to the extent feasible and proof of recycling in the form or receipt from the recycling facility noting recycled materials and amounts shall be provided to City staff.

40. Fees: Prior to issuance of Zoning Clearance, the applicant shall pay all applicable permit processing fees in full, including but not limited to building permit fees.

41. Zoning Clearance: No Building Permit shall be issued until a Zoning Clearance has first been issued by the City.

42. Agreement to Comply: Approval of this Conditional Use Permit is not valid until the property owner or authorized agent signs and returns the Agreement to Comply form, agreeing to the terms and Conditions of Approval. The signed form must be submitted to Planning Department prior to issuance of a Zoning Clearance.

43. Compliance with Conditions: The applicant shall comply at all times with these conditions. If a complaint is filed with the City, staff will review the complaints and determine if a meeting with the applicant and complainants can resolve the issue(s).

If no resolution is reached, a hearing will be scheduled before the City Council for staff to present a recommendation to resolve the issue(s) The applicant shall be responsible for the fees to cover staff time.

44. Construction Hours: The Owner/Applicant, including all contractors and subcontractors shall limit construction activity, including equipment maintenance and site preparation, to the hours between 7:00 a.m. and 5:00 p.m. Monday through Friday. No-noise generating construction shall occur on weekends or state holidays.

Non-noise generating interior construction activities such as plumbing, electrical, drywall and painting (which does not include the use of compressors, tile saws, or other noise- generating equipment) are not subject to these restrictions. The

Page 15 of 17 ends

applicant is advised that building inspector and planning staff will spot check and responds to complaints.

45. Additional Permits Required: The use and/or construction of any structures or improvements authorized by this approval shall not commence until all necessary planning and building permits are obtained.
a) Before any Permit will be issued by the Building Department, the Owner/Applicant must obtain written clearance from all determents having conditions. Such clearance shall indicate that the Owner/Applicant has satisfied all pre-construction conditions.

46. Plans Requirements: The Owner/Applicant shall ensure all applicable final conditions of approval are printed in their entirety on applicable pages of grading/construction or building plans submitted to the Building Department.

47. Contractor and Subcontractor notification: The Owner/Applicant shall ensure that potential contractors are aware of City conditions and requirements.

Owner/Applicant shall notify all contractors and subcontractors in writing of the site rules, restrictions, and Conditions of Approval and submit a copy of the notice to Planning Staff.

48. Time Extensions-All Projects: The Owner/Applicant may request a time extension prior to the expiration of the permit or entitlement for development. The review authority with jurisdiction over the project may, upon good cause shown, grant a time extension in compliance with City rules and regulations, which include reflecting changed circumstances and ensuring compliance with CEQA. If the Owner/Applicant requests a time extension for this permit, the permit may be revised to include updated language to standard conditions and/or mitigation measures and additional conditions and/or mitigation measures which reflect changed circumstances or additional identified project impacts.

49. Outdoor Lighting: The project is required to comply with standard lighting requirements per the Guadalupe Municipal Code, which requires that light and glare be minimized on any adjacent properties. Exterior lighting shall be shown on all Building plans prior to approval of the Zoning Clearance and Building Permit.

50. Stormwater: The project is Tier 2 project as identified in the Project Clean water Technical Guide, established as the guiding document for stormwater discharges in Santa Barbara County. The project shall establish and implement a Stormwater Control Plan, in accordance with the protocol established by the Project Clean water Technical Guide.

Page 16 of 17 ends

a) Prior to occupancy the Stormwater Control Plan shall be approved by the City; and the measures identified shall be fully constructed to the satisfaction of the City.
b) All stormwater control measures, and associated landscaping shall be maintained by the property owner(s) and their successors for the life of the project.

51. Prior to issuance of a building permit, the applicant shall pay all fees due to the Planning Department and those applicable fees to Building at the time of permit issuance.

52. Site Maintenance General: The property and all the facilities, including but not limited to buildings; parking areas; carport structures and trash enclosures and their immediate areas shall be maintained in an orderly manner and free of accumulations of dirt, litter to the satisfaction of the City; and as further specified by Municipal Code Chapter 18.050.070.

53. Landscape Plan: Prior to issuance of Zoning Clearance, the applicant shall submit a Final landscape Plan for review and approval by the Planning Director. a) Prior to the first occupancy clearance, the project shall have all landscaping planted. Landscaping shall be installed and maintained per the City-approved landscape and irrigation plan and maintained for the life of the project. b) The type, size, density and configuration of new plants shall be selected to maximize successful establishment and growth to achieve this landscaping objective within a reasonable period of time after installation. c) Final landscape and irrigation plans shall be submitted by the Applicant to the City for review and approval prior to issuance of Zoning Clearance. d) Plant locations may be adjusted in the field (as directed by Planning staff) to achieve landscaping objectives. The applicant shall contact City Planning staff at least 48 hours prior to request for occupancy clearance to verify that landscaping and irrigation has been installed according to the approved plans, Failure to comply with the requirements could jeopardize issuance of the occupancy clearance.

54. Landscape Maintenance: Landscape materials shall be planted as shown on the Landscape Plan to be submitted and approved during zoning clearance a. Trees and larger shrub plantings shall be selected to be generally symmetrical and installed in healthy condition. Any damaged or otherwise unhealthy plant material shall be immediately removed and replaced.

Page 17 of 17 ends

b. To minimize the potential for bent or leaning, or miss-sharpen trees, tree plantings shall be firmly staked until determined to be established as vertical and upright, and not susceptible to wind damage or leaning.
c. The Property Owner(s) and their successors shall be responsible for the long-term maintenance of the landscaped areas. All required landscaping shall be maintained in good condition. Such maintenance shall include, where appropriate, pruning, moving, weeding, cleaning, fertilizing, and watering.

Whenever necessary, plant materials shall be replaced, and any structural materials included in the basic landscaping design shall be repaired or replaced. (Municipal Code Section 18.64.120.)
d. All shrubs and plants shall be of a minimum size of one gallon, or equivalent, at the time of installation, and all trees shall be of a minimum size of fifteen (15) gallons, or equivalent, at the time of installation.

55. All newly planted landscaping shall be maintained for the life of the project.

56. Fence and Wall Maintenance: Fences and walls shall be maintained in an upright vertical and unbroken condition and in accordance with Municipal Code Chapter

12.52.125. Any graffiti shall be removed within 48-hours.

57. The site shall be kept clean with regular pick up of any trash accumulating on the property and to avoid odor and rodent problems. Added containers shall be provided for customers to dispose of plastic bags and any other non-recyclable materials.

Water used for power washing the land/sea container and/or parking lot shall remain on site and not be discharged into the City's storm water drainage system.

BUILDING DEPARTMENT

58. The original approved plans dated 3/25/09 (PCN-421-2007) are to be resubmitted to the Building Department for reapproval and a permit reinstatement/reinspection fee will be charged.

59. A separate plan submittal, review and permit is required from the Building Department for any required carports. The carports shall be constructed, inspected and obtain a final inspection prior to, or at the same time asthe final inspection of the main building.

60. The condition that the original approved plans dated 3/25/09 will be reapproved and permit reinstated, is contingent on the entire project obtaining a final inspection and certificate of occupancy [CofO] within One (1) Year from the date of the permit reissuance. Failure to obtain a CofO in this time frame will require a full plan

Page 18 of 17 ends

resubmittal, plan review and new building permit based on the California Building Codes in effect at the time of the new plan submittal. Current codes are based on the 2019 C.B.C.

FIRE DEPARTMENT

61. Fire Hydrant: Fire code requires a minimum of 20ft access road (CFC 503.2.1). In addition, the Northside of the parking lot must be identified as a fire lane and marked and signed appropriately (CFC 503.3, CFC D103.6, and GMC 15.08.030 {D103.6.3, D103.6.4}).

END OFCONDITIONS
ATTACHMENT 2
ATTACHMENT 3

Page 1 of 2 ends

Agenda Item No. 12

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of January 25, 2022

_______________________________ _________________________________ Prepared by: Approved by:

Shannon Sweeney Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: Measure A Local Program of Projects
RECOMMENDATION:

That the City Council should adopt Resolution No. 2022-09 which adopts the 2022/23 through 2026-27 Measure A Local Program of Projects for the City of Guadalupe.

DISCUSSION:

Measure A Overview
Voter passage in November 2008 of the Road Repair, Traffic Relief and Transportation Safety Measure (Measure A), will provide approximately $1.0 billion for transportation needs over 30 years within Santa Barbara County, from 2010-2040. The City of Guadalupe, and all other cities in the County, must submit an annual Measure A Local Program of Projects (POP) to the SBCAG Board to detail how the Measure A funds will be spent in Guadalupe.

In adopting the POP, the City Council “certifies that it will include in its budget an amount of local discretionary funding for local streets and roads sufficient to comply with the Maintenance of Effort [MOE] requirements contained in Section 27 of the [Measure A] Ordinance... ” The City met its MOE requirements over the last five-year window and will meet its MOE requirements of about $281,000 over the next five-year window.

Measure A Revenues
Gas Tax, SB1, development impact fees, and Measure A fund balances will be used to pay for the City’s Street Paving Plan going forward. That plan calls for the City to spend about $400,000 annually in street paving. For 2022, the street program will include rehabilitation of various streets anticipated to be Pagaling, Mahoney, Carlin, Lindy, Maryknoll, Wong, Garrett, the west ends of 3rd and 5th Streets, 2nd Street between Mahoney and Pioneer, and the north end of Pioneer.

Alternative Transportation
Measure A also requires the City to spend at least 5% of Measure A money on “Alternative Transportation Expenditures” – bicycle, pedestrian and transit projects. The City has had no difficulty in meeting this requirement in the past and will likely spend 6.0% of Measure A money during the five-year Shannon Sweeney

Page 2 of 2 ends

window on bike and pedestrian projects, including sidewalk maintenance and upgrade work done by our Street crew and required ADA sidewalk work made during street paving projects.

ATTACHMENTS:

1. Resolution No. 2022-09

2. Measure A POP Spreadsheet

Page 1 of 2 ends

RESOLUTION NO. 2022-09

A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE

ADOPTING THE MEASURE A FIVE-YEAR LOCAL PROGRAM OF PROJECTS FOR FISCAL YEARS 2022-23 THROUGH 2026-27
WHEREAS, on November 4, 2008, the voters of Santa Barbara County approved the Santa Barbara Transportation Improvement Program Ordinance (“Ordinance”) and Expenditure Plan known as Measure A; and
WHEREAS, the Ordinance provides that the Santa Barbara County Local Transportation Authority shall annually approve a program of projects submitted by local jurisdictions identifying those transportation projects eligible to use Measure A funds during the succeeding five-year period; and, WHEREAS, the City of Guadalupe was provided with an estimate of annual Measure A local revenues for fiscal years 2022-23 through 2026-27; and,
WHEREAS, the City of Guadalupe has held a public hearing in accordance with Section 18 of the Ordinance;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Guadalupe as follows:

SECTION 1. The City of Guadalupe does hereby adopt the attached Five-Year Program of Project to funded in part with Measure A revenues; and,
SECTION 2. The City of Guadalupe certifies that it will include in its budget an amount of local discretionary funding for local streets and roads sufficient to comply with the Maintenance of Effort requirements contained in Section 27 of the Ordinance; and, SECTION 3. The City of Guadalupe will not use Measure A revenue to replace private developer funding that has been committed to a transportation project or would otherwise be required under current City policies; and,
SECTION 3. The City of Guadalupe has complied with all other applicable provisions.

SECTION 4. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.

PASSED, APPROVED AND ADOPTED at a regular meeting on the 25th day of January 2022 by the following vote:

ATTACHMENT 1

Page 2 of 2 ends

MOTION:

AYES:

NOES:

ABSENT:

ABSTAIN:

I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2022-09, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held January 25, 2022, and that same was approved and adopted.

ATTEST:
______________________________ ____________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
______________________________
Philip Sinco, City Attorney
Local Street & Transportation Improvements Total Project Cost
For Santa Barbara County
Only
Project Descriptions
FY 2020/21
Actual
Expenditures
Carry-over
from FY
20/21
Carry-over
from FY
21/22
FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 TOTAL Measure A Revenues Local State Federal TOTAL Non-Measure A
Revenues
Class 2 Bikeway Maintenance
Expenditure - Count as
Alternative Transportation
Expenditure
Maintainance, Improvement or Construction of Roadways & Bridges road slurry/reconstruction 120 872 90 $176 $169 $165 $118 $117 $835 $1,750 $550 $2,300 $3,135 Regular Maintenance 268 0 0 $404 $424 $446 $468 $491 $2,233 $0 $2,233 $0 $0 $0
Safety Improvements
$0 $0 $0
$0 $0 $0
$0 $0 $0
Urban Forestry Street Tree Program
$0 $0 $0
$0 $0 $0
$0 $0 $0
Storm Damage Repair to Transportation Facilities
$0 $0 $0
$0 $0 $0
$0 $0 $0
Roadway Drainage Facilities
$40 $40 $40 $40 $40 $200 $0 $200
$0 $0 $0
$0 $0 $0
Traffic Signal Coordination, Intersection Channelization $0 $0 $0
$0 $0 $0
$0 $0 $0
Traffic Management
$0 $0 $0
$0 $0 $0
$0 $0 $0
Landscaping Maintenance
$0 $0 $0
$0 $0 $0
$0 $0 $0
Highway Improvements
$0 $0 $0
$0 $0 $0
$0 $0 $0
Matching Funds for State and Regional Programs and Projects $0 $0 $0
$0 $0 $0
$0 $0 $0
TOTAL 0 $90 $620 $633 $651 $626 $648 $3,268 $0 $1,750 $550 $2,300 $5,568 $0 Alternative Transportation Expenditures Total Project
Cost
Project Descriptions FY 2020/21
Actual
Expenditures
Carry-over
from FY
20/21
Carry-over
from FY
21/22
FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 TOTAL Measure A Revenues Local State Federal TOTAL Non-Measure A
Revenues
Maintenance, Repair, Construction & Improvement of Bike & Ped Facilities $0 Sidewalks $35 $35 $35 $35 $35 $175 $0 $175
11th Street SRTS $19 $19 $114 $114 $133
$0 $0 $0
Safe Routes to School Improvements
$0 $0 $0
$0 $0 $0
$0 $0 $0
Reduced Transit Fares for Seniors & Disabled
$0 $0 $0
$0 $0 $0
$0 $0 $0
Bus and Rail Transit Services and Facilties
$0 $0 $0
$0 $0 $0
$0 $0 $0
Programs, Education, & Incentives to Reduce Single Occupant Auto Trips or Transportation Demand
$0 $0 $0
$0 $0 $0
$0 $0 $0
TOTAL ALTERNATIVE TRANSPORTATION EXPENDITURES 0 $0 $54 $35 $35 $35 $35 $194 $114 $0 $0 $114 $308 TOTAL EXPENDITURES 0 $90 $674 $668 $686 $661 $683 $3,462 $114 $1,750 $550 $2,414 $5,876 Alternative Transportation Summary
TOTAL MEASURE A ALLOCATION (FY 2022/23 TO 2026/27) $3,462

MINIMUM ALTERNATIVE PERCENTAGE PRESCRIBED BY INVESTMENT PLAN TO BE MET BY FY 2024/25 FOR FISCAL YEARS 2020/21 THROUGH 2024/25 5% TOTAL MEASURE A ALLOCATION TO ALTERNATIVE TRANSPORTATION $194 $194

PERCENTAGE OF MEASURE A ALLOCATION TO ALTERNATIVE
TRANSPORTATION 6%
Measure A Revenues Non-Measure A Revenues
Non-Measure A Revenues
City of Guadalupe
Measure A Local Street and Transportation Improvements Submittal Form Five Year Measure A Program of Projects (FYs 22/23 to 26/27) (Figures in $1000's)
Measure A Revenues
ATTACHMENT 2

← All documents from this meeting