Guadalupe City Council
March 22, 2022

March 22, 2022 City of Guadalupe Council Meeting Agenda Page 1 of 4 City of Guadalupe
AGENDA
Regular Meeting of the Guadalupe City Council
Tuesday, March 22, 2022, at 6:00 pm
City Hall, 918 Obispo Street, Council Chambers
The City Council meeting will broadcast live on Charter Spectrum Cable Channel 20.

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, March 22, 2022.

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
March 22, 2022 City of Guadalupe Council Meeting Agenda Page 2 of 4

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. PRESENTATION
• Santa Barbara County Broadband Strategy Project – Bill Simmons, Project Lead

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.

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 payment of warrants for the period ending March 16, 2022.

C. Approve the Minutes of the City Council Regular Meeting of March 8, 2022, to be ordered filed.

D. Receive the February 2022 Financial Report.

E. Adopt Resolution No. 2022-20 authorizing Los Amigos de Guadalupe to submit an application to the United States Department of Agriculture (USDA) Disaster Grant, under the USDA Rural Facilities Grant Program, on behalf of the City of Guadalupe.

F. Adopt Resolution No. 2022-21 authorizing the Mayor to execute a construction contract with Souza Construction for the West Main Street Waterline construction project, and to execute a contract with Filippin Engineering for inspection services on this project.

March 22, 2022 City of Guadalupe Council Meeting Agenda Page 3 of 4 G. MONTHLY REPORTS FROM DEPARTMENT HEADS

1. Public Safety Department:
a. Police Department report for February 2022
b. Fire Department report for February 2022
c. Code Compliance report for February 2022

2. Human Resources report for February 2022

3. City Treasurer’s report for February 2022

8. CITY ADMINISTRATOR REPORT: (Information Only)

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

10. MAYOR’S REPORT- UPDATES

REGULAR BUSINESS

11. Relocation of the Vietnam Veterans Memorial flagpole and base to the Veterans Memorial Plaza.

Written report: Todd Bodem, City Administrator
Recommendation: That the City Council adopt Resolution No. 2022-22 authorizing the Vietnam Veterans Association Central Coast Chapter 982 and the Mid-Coast Veterans Alliance approval to relocate the Vietnam Veterans Memorial flagpole approximately 74 feet from its current location to the Veterans Memorial Plaza (Downtown Parking Lot).

12. Low Carbon Transit Operations Program (LCTOP).

Written report: Shannon Sweeney, Public Works Director/City Engineer Recommendation: That the City Council adopt Resolution No. 2022-23 authorizing the execution of the Certification and Assurances and authorized agent forms for the Low Carbon Transit Operations Program (LCTOP) for the following project: Purchase of zero-emission transit bus for fixed route service with the funding amount of $553,688.00.

13. FUTURE AGENDA ITEMS

14. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS

15. 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 17th day of March 2022.
____________________________________
Todd Bodem, City Administrator
Todd Bodem
March 22, 2022 City of Guadalupe Council Meeting Agenda Page 4 of 4

PROPOSED FUTURE CITY COUNCIL AGENDA ITEMS
Council Meeting: Date and Subject Department Agenda Category Tuesday, April 12, 2022, at 6:00 pm / Regular Meeting
Rent Control Pros and Cons – Presentation Presentation
Notice of Award- 2022 Pavement Rehabilitation Design Public Works Dept. Consent Calendar Notice of Award – Structural Engineering Services Public Works Dept Consent Calendar TDA and Transit Financial Statement FY2021 Finance Dept. Consent Calendar Local Transit Fund (LTF) / Transportation Development
Act (TDA), 2022-2023 Claim
Public Works Dept Consent Calendar
Audited Financial Statement FY2021 Finance Dept Regular Business Co-ed Adult Softball League Recreation & Parks Regular Business Job Description Approval Permit Tech, Maintenance
Lead, Recreation Leader/Building Attendant
Human Resources Regular Business
Facilities Use Application for the Auditorium Recreation & Parks Regular Business Selection of Retail Commercial Cannabis Administration Dept Regular Business Tuesday, April 26, 2022, at 6:00 pm / Regular Meeting
Child Abuse Awareness & Prevention Month –
Proclamation
Ceremonial Calendar
Donate Life Month – Proclamation Ceremonial Calendar
Terry Bauer- Proclamation Ceremonial Calendar
Sign Ordinance Planning Department Public Hearing
Tuesday, May 10, 2022, at 6:00 pm / Regular Meeting
November 8, 2022, Election Resolutions Consent Calendar 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 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 2022 Public Works Dept. Consent Calendar Recognizing Food Distribution Volunteers Ceremonial Calendar Terry Bauer – Proclamation Ceremonial Calendar
Goal Setting FY 22/23 April 2022 Administration Regular Business Transient Occupancy Tax (TOT) April 2022 New Business
Facility & Parks Use Fee Schedule Changes Recreation & Parks Benefit for Unrepresented Employees Human Resources New Business

SANTA BARBARA COUNTY

BROADBAND STRATEGY PROJECT
Connecting our Communities
1 Agenda Item No. 5
AGENDA
 Broadband for All
 Project Plan & Activities
 Timeline
 Deliverables
 For Local Government
Consideration
2 LEGISLATION SUPPORTING REGIONAL PLANNING
 SB 156 – Authorizes JPA’s to issue bonds
for development
 AB 14 – Internet for All Act of 2021 –
Prioritizes broadband for rural
communities
 AB 41 – Broadband infrastructure
Deployment to update California’s “Dig
Once” policies to expedite – CalTrans
 SB 4- The Broadband for All Act – secure
continuous funding and implement
reforms for the CASF Program
 Division F – Broadband
 Grants
 Data maps
 Deployment location mapping
 Digital Equity Act of 2021
 Telecommunications and workforce
3 California
Broadband for All
Infrastructure
Investment and
Jobs Act

PROJECT PLAN & ACTIVITIES
Coordination
Mapping
Data Collection
Convenings
Outcomes
• Push Out Surveys and Speed Testing
• Identify and Gather Existing Data
• Digital Inclusion Conversations
• Convene Stakeholders
• Review Survey/Speed Test Results
• Collect Infrastructure Maps
• Identify Priority Areas
• Validate & Prioritize Findings
• Identify Collaborative Opportunities
• Develop Open Access GIS Map Based on Validated Findings • Provide Policy Recommendations
• Complete Regional Roadmap
• Identify Applications for Funding
• Middle Mile Strategy
• Last Mile Approach
• Digital Inclusion Partners 4

GENERAL TIMELINE
January/February
Data collection begins
Stakeholder group
identification &
development
February/March
Convenings
Prioritization & focus areas
developed
Survey deployment
Aggregate past work
efforts into current work
ISP Outreach Begins
March/April
Identification of assets for
mapping
Correlate with initial
funding targets
Develop priorities &
potential approaches
May/June
Analysis framework
developed
Prepare final for
presentation (June)
Present deliverables to
County and Cities
July/August
Continue analysis
Build education packets
for county/cities
August/September
Draft strategy out for
review
September/October
Presentation of final
product scheduling
November
Project wrap up
5 REGIONAL STRATEGY OUTCOMES
Strategy
• Completed document
with comprehensive
identification of gaps
and needs assessment
• Identification and role of
anchor institutions and
assets as potential
benefits for broadband
deployment
• Tier top priorities that will
result in increased
speeds and equitable
access and redundancy
• Identify public/private
partnerships
GIS Mapping Tool
• Asset mapping
• Current state and base
maps of local
community
demographics and
adoption
• Future state – the ability
to add layers moving
forward
• Digital inclusion data
• Disadvantaged
communities
Planning Results
• Middle mile
• Recommended
projects and
funding proposals
• Community maps for
final mile work efforts
• Recommended
projects and
funding proposals
• Digital Equity & Inclusion
• Recommended
projects and
funding proposals
• Coordination of County
stakeholders for ongoing
work efforts
6 FOR LOCAL GOVERNMENT CONSIDERATION
• Main point of contact to work with project team
• Participate in gap analysis process
• Jurisdiction survey under development
• Provide documentation for assessment of broadband readiness – assets/policies/other planning • GIS mapping partnership – open access
• Data collection – distribution channels
• Needs assessment survey - Survey Link
• Speed test - Link
• Speed test results- Santa Barbara County Speed Test Results Map • Participate in Technical Assistance Grants application process • Include broadband in annual budget discussions as a priority • Participate in discussions regarding coordinating work efforts upon project completion
7 THANK YOU!
CONTACT INFO:

BILL SIMMONS, PROJECT LEAD
[email protected]

MARIA KELLY, PROJECT COORDINATOR
[email protected]
8 Prepared by:

Agenda Item No. 7B

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of March 22, 2022
Approved by:

Veronica Fabian
Finance Account Clerk
Reviewed b;
Lorena Zarate
Finance Director
Todd Bodem
City Administrator
SUBJECT:

RECOMMENDATION:

Payment of warrants for the period ending March 15, 2022 to be approved for payment by the City Council. Subject to having been certified as being in conformity with the budget by the Finance Department staff.

That the City Council review and approve the listing of hand checks and warrants to be paid on March 23, 2022.

BACKGROUND:

Submittal of the listing of warrants issued by the City to vendors for the period and explanations for disbursement of these warrants. An exception, such as an emergency hand check may be required to be issued and paid prior to submittal of the warrant listing, however, this warrant will be identified as "Ratify" on the warrant listing.
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49 March 8, 2022 City of Guadalupe Council Meeting MINUTES Page 1 of 19

S MINUTES
City of Guadalupe
Regular Meeting of the Guadalupe City Council
Tuesday, March 8, 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 members were present. (The abbreviation “CM” will be used for “Council Member” in these minutes.)

2. MOMENT OF SILENCE
Prior to the moment of silence, Mayor Julian made brief comments about the groups of veterans who attended the last Council meeting. He said, “I know if they were given the opportunity, they’d go over there and help Ukraine and their battle with Russia. The moment of silence will, of course, be for the people of Ukraine who are suffering under these extremely difficult conditions. Hopefully, this will end soon. The world will have to deal with the ramifications of all that’s happening there.

We are fortunate to be here, and we all wish that Ukraine’s people have the same right to live in peace.”

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.

Mr. Bodem requested to pull and move Item #8. F. to “Regular Business, as Item #12.B”. No other requests were made.

5. OATH OF OFFICE
• Jennifer Bahena, Police Officer – Officer Bahena briefly commented that she was thankful for the opportunity and is happy to join the Guadalupe Police Department. Mayor Julian mentioned that he noticed Officer Bahena at the recent food bank distribution and wondered if she was to be hired for Police or Fire. He thanked her for her help there.

Agenda Item No. 7C
March 8, 2022 City of Guadalupe Council Meeting MINUTES Page 2 of 19

6. PRESENTATION
• Vietnam Veterans
Mr. (Richard) Deek Segovia and Mr. Manuel Razo, from the Vietnam Veterans of America (“VVA”), Chapter 982, gave a presentation requesting the movement of the Veterans Memorial Flagpole which is currently on private property. The following is a summary of that presentation: “…Jim Dorsey, Hubert Hart and two others, built the memorial with the names of three (3) veterans who didn’t return home. Of the 215 veterans who did serve in the Vietnam War, three (3) didn’t return which is amazing. But even one (1) is too much to ask for. Jim owned the Central Hotel, now called the Santa Florita Hotel, and built that memorial on private property. In 2006-2007, the VVA was asked by the American Legion to take over the flagpole. Since then, the VVA has been maintaining and painting the mast. Jim Dorsey modeled the memorial after having seen a picture of the memorial that had been on 9th and Guadalupe Streets. We want to keep that same pattern. Both the VVA and Mid-Coast Veterans Alliance will undertake this project.” (Mr. Manuel Razo of Mid-Coast Veterans Alliance continued the presentation briefly giving a background on himself having been raised on Pioneer Street in Guadalupe.) “In the 1960’s, Guadalupe’s population was only about 2,700. More than 200 men served in Vietnam. Over 230 were in the service. That’s almost 10% of the population serving in the military. I don’t think any city in America can come close to that number. Guadalupe is a mix of nationalities. The cemetery has a mix of every nationality that has ever served in the service with distinction. Of the three men who did not make it home, I was serving in Vietnam when one of the men died. I was at home when one was killed, and I had corresponded with one of them.

The proposal will not be a burden on the City because we’ll handle the financing, materials, etc. But we’ll need help with the review and approval of engineering diagrams to ensure compliance. It would only be moved 75’ to the Vietnam Memorial Plaza, parking lot. We need to remember the sacrifice that these men made. Americans are always saying, ‘Let us know forget…” Let’s say it another way: Let’s remember the sacrifice those young men made. We ask that you approve this request. This is an historical item. It gives the City the pride of service given to this country.” Mayor Julian shared a letter that had been given to the Council in January requesting the memorial be moved to the Veterans Building. Mr. Razo said, “We looked at moving it there, but the base is so big. There’s no room there at the Veterans Building. There’s more visual appeal on Guadalupe Street. (A revised letter was then handed to the Council which will be placed on the City’s website.) The mayor asked if they wanted to move the memorial to the middle of the parking lot where the seats/benches are located. Mr. Razo said, “Yes, that is the requested location for the movement.

Members of the Mid-Coast Veterans Alliance were once a part of VVA. Most of us are from Guadalupe and happy to have lived in Guadalupe.” Mr. Segovia added, “This Saturday, the 12th, we’re having our monthly meeting. We’ve designated the month of March to recognize these three (3) veterans. At noon on Saturday, we’ll have a dedication to the three (3) fallen at the cemetery.” CM Costa, Jr. said, “That’s great to move to the spot on the parking lot.” CM Ramirez added, “Put action in front of us to vote.” City Attorney Sinco then said, “This is not to discuss but bring back to March 8, 2022 City of Guadalupe Council Meeting MINUTES Page 3 of 19 the Council for action. Request to have item brought to the next meeting for approval.” CM Cardenas said to put this item on the “Future Agenda Items” for the next meeting on March 22nd.

Mayor Julian then said, “There were 18 people who lived on Birch Street that served in Vietnam. We can’t thank you enough for those who served and those serving now. Thank you all. And, there were 30 sets of brothers, too, who served.”

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.

There were no requests to speak.

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 March 2, 2022.

C. Approve the Minutes of the City Council Regular Meeting of February 22, 2022, to be ordered filed.

D. Approve a mural contest for the Le Roy Park Community Center building.

E. Adopt Resolution No. 2022-18 approving a Side Letter Agreement with Service Employees International Union, Local 620, regarding continuation of the 9/80 alternative work schedule for 2021-2023.

F. Adopt Resolution No. 2022-19 to create classificationsfor the positions of Associate Planner, Engineering Technician, Maintenance Lead, Facilities & Parks Lead, Recreation Leader/Building Attendant, Emergency Services Manager, and authorizing staff to initiate recruitment for these positions, and approval for the job description of Permit Technician.

G. MONTHLY REPORTS FROM DEPARTMENT HEADS

1. Planning Department report for February 2022

2. Building Department report for February 2022

3. Public Works/ Engineering report for February 2022
March 8, 2022 City of Guadalupe Council Meeting MINUTES Page 4 of 19

4. Recreation & Parks Department report for February 2022 Item #8.G.4. was pulled. Motion was made by Council Member Ramirez and seconded by Council Member Robles to approve the balance of the Consent Calendar. 5-0 Passed.

Mayor Julian asked Ms. Hannah Fuentes, Recreation Services Manager, to give an update on the event that occurred on Saturday, March 5th, in the City auditorium. Ms. Fuentes summarized as follows:…”At the beginning of the baptism event, procedures were followed with City staff informing renters that the event must end at 10:00 p.m. The host agreed to that time. Security arrived at 4:00 p.m. to remain through 11:00 p.m. City staff checked the auditorium at 7:00 p.m. No issues. Another check around 9:00 p.m., City staff noticed that City Hall and the parking lot were completely full.

There was a group of people outside in the front of City Hall drinking beer waiting to get in. Security in the front of City Hall kept the people out as the auditorium seemed to be at its maximum. Inside City Hall, City staff could smell cigarettes and saw the large crowd of people inside the hallways.

Security told City staff that the host said that the party wasn’t going to end until 11:00 p.m. The host showed the paperwork to City staff saying that the party needed to end by 11:00 p.m.

The party ended around 10:20 p.m. City staff saw that there were beer bottles, boxes and trash everywhere. Security estimated that there were about 500 people at this party, well beyond the 240-maximum occupancy. The agreement showed approximately 150 attendees. People and minors were taking and drinking beer outside City Hall. Security was not addressing this problem until City staff directed them to do so. People were loitering and drinking on the back Police Department parking lot. Beer cans and bottles and trash were left on the parking lot. Two cars hit each other backing up with one leaving the scene and the other ultimately leaving. City staff then called 911.

The crowd dispersed once a police car drove by. Security informed City staff that there were individuals smoking and relieving themselves in the hallways.

Cleaning started around 10:40 p.m. City staff checked the auditorium around 11:00 p.m. Everyone had gone but trash, food, alcohol, and liquid were left on the floor through the building. The hosts didn’t check in with City staff prior to leaving. Pictures and videos were taken to document the time the approximately time the hosts vacated, and the condition left at City Hall.” Mayor Julian said, “We had a meeting on this yesterday. The auditorium has to be commercially cleaned up. We need to look at the approval process about costs. There were four (4) security guards at a charge around $1,200. Request to look at facility policy on rentals to make sure we’re covered.

Beer lids, cans, water, urine all over the floor…issue with that. The Rec Commission is meeting tomorrow. I don’t know if you want to talk about that.” Ms. Fuentes added, “I’m looking through the current facilities application we have and trying to modify it for the auditorium use. Most of the bigger events are at the auditorium. I pulled Santa Maria’s facility application to see what they’re doing. I’d recommend to the Recreation Commission to add that any alcohol use come from a vendor with a sectioned area for alcohol consumption. Monitoring must occur, not only by security but also by the vendor selling. Attendees don’t necessarily have to pay for the alcohol. Renters can pay for March 8, 2022 City of Guadalupe Council Meeting MINUTES Page 5 of 19 an open bar. Also, security should be procured by the City, not the renter, to alleviate any potential conflict with security, the renter and City staff. I’ve started looking at the facilities use application to plug holes. After discussions with the Recreation Commission, there will be a staff report for Council’s review at probably the April 12th meeting.”
CM Ramirez recommended providing bracelets for those 21 years and older. Ms. Fuentes said that we will copy City of Santa Maria’s application and put this issue of alcohol on the vendor, a 3rd party, and not the renter. CM Costa, Jr. asked, “Is there a way to put a list together showing which vendors and security companies the City will allow?” City Attorney Sinco responded, “That would require ‘Request for Qualifications’ (RFQ) where we’d specify the qualifications and requirements needed.

People would submit their qualifications to the Recreation Commission and City Council would approve. Then we’d have an approved list of vendors and security guards.” Ms. Fuentes said she agreed to that as there would be conflicts if the renter just used a relative as a vendor. The mayor said that Tim Karcz from CJPIA would have a recommendation on alcohol use, etc. Arroyo Grande and Grover Beach are also with CJPIA. We can look at what they have so we don’t have to reinvent the wheel.”
Ms. Fuentes was then asked by the mayor to talk about the recreation programs shown on her monthly report. She said, “After I turned the report in, I saw that our current City system is not set up to do youth activities. There’s live scanning, training, etc. The City isn’t ready to run youth programs ourselves but we could check with YMCA, Boys & Girls Club, etc. to find what programs they’re scheduled to have. Those organizations are set up to run those types of programs. We should table youth activities until we can better set up a process and have volunteers to set up these programs. On adult soccer league, it’s too quick a turnaround and too soon to begin in April. For adult co-ed softball league, I have that on the agenda for tomorrow’s Parks & Recreation Commission meeting to propose registration fees, setup and timeline. After the Commission’s review, I’d then have a separate staff report for Council. Looking at around June for that, contingent on readiness of the field. That would be good to get through Council to establish where we want to start with registration fees for adult programs. That’s the best program to model after as other cities have also offered softball. Some cities haven’t offered basketball because of COVID. Softball has been the one that most cities have offered due to limited restrictions with outdoor sports.” Mayor Julian then said, “City staff is working and meeting with the Boys & Girls Club, SERS Jobs for Progress, etc. Hopefully next week, we’ll schedule a meeting with them and City staff and others to see what programs there are in the works. We don’t have to duplicate. But we need to get the kids off the streets and into programs.” Ms. Fuentes said, “We’ll look at what exists through the nonprofit groups and where they can fill the holes. And then once we get City systems off the ground, where can we fill the holes, etc.”
The mayor then asked, “Working with those groups. Le Roy Park…how will that fit?” Shannon Sweeney responded, “The final walk through is this Friday, March 11th, that will define the punch list of items that need to be completed which will determine substantial completion.” Mayor Julian then said, “The work on the outside’s looking good. Just keep the people with the graffiti out of the March 8, 2022 City of Guadalupe Council Meeting MINUTES Page 6 of 19 barbecue pit. We met with Hannah the other day because there are so many things being thrown out at the same time. Getting out of COVID, there’s the wrestling group, volleyball, basketball group and everything else.”
CM Costa, Jr. asked, “Where did the play structure come from? Game Time?” Ms. Sweeney said, “The manufacturer said the play structure will be shipped April 11th. An RFQ for installation will have to be moved up because I thought I had two (2) more months.” Motion made by Council Member Costa, Jr. and seconded by Council Member Cardenas to approve Item #8.G.4. 5-0 Passed.

9. CITY ADMINISTRATOR REPORT: (Information Only)
Mr. Bodem referred to an item in the Mayor’s Report regarding a community outreach meeting. He said, “The date and location of that community meeting are now Saturday, April 9th, at the City auditorium. (It was shown before as being on March 29th at the Veterans Hall.) This meeting will be from 12:00 p.m. to 2:00 p.m. The management team met and thought it would be good to meet with the public and hear their comments/concerns. We’d serve hot dogs. Format is still being planned. A brief ‘State of the City’ address could be given and then open things up to audience for discussion. We wanted to give the Council notice in the event there were any questions.” CM Cardenas asked, “How will this be advertised?” Mr. Bodem said, “We have a team here working on that. The water bill is one way. We’d reach out to the other organizations. It will be in both English and Spanish.”
Also, cannabis applicants will be interviewed on Tuesday, March 15th at 5:00 p.m. There are five (5) retail and one (1) manufacturing applicants. Also, on Thursday, March 10th, at 6:00 p.m., there will be a CDBG public hearing.”

10. DIRECTOR OF PUBLIC SAFETY REPORT: (Information Only) Chief Cash said that he’s been contacted by some citizens who want the City to give other residents commendations. He asked what the process was. Mayor Julian said, “On the proclamation side, have the citizens come to the City if they want to proclaim something or someone. They can do that as could the Council. That’s one process but I don’t know about what you’re talking about? What’s the purpose?” Chief said that the intent is to recognize citizens for great deeds. Not on the lines of a proclamation but citizens brought up recognizing other citizens for their service to the community.

CM Cardenas added, “The mayor put that together about two (2) years ago. It has steps and submission form.” Mr. Bodem said he’d look for that process and give it to the Chief.

The second item Chief reported was on a letter the mayor received regarding the last public hearing on cannabis held on February 15th. He said, “A young lady was making comments in the meeting, and another citizen was interrupting and being rude. The City Attorney directed him to be more civil in his process. One of the lady’s friends wrote a letter to the mayor saying they appreciate what the City’s doing but they were very upset with the lack of civility that was demonstrated. The lady who March 8, 2022 City of Guadalupe Council Meeting MINUTES Page 7 of 19 was verbally attacked came to see me the following day. She was concerned that the man would assault her. I explained that no law was broken. She understood and we worked things out. We gave her information to contact us if there were any issues. She left feeling satisfied because she was heard. A couple hours later, the man who made the comments came to the PD and apologized to me. I told him that he should apologize to her. He apologized for his actions and wants that to be on the record. He, hopefully, wants to work better. I later saw him on Saturday and we talked some more over coffee. A friend of the woman who wrote the letter was unaware that both her friend came and spoke with me and the man also came to see me and apologized. I’ll send a letter acknowledging receipt of her letter to the mayor and let her know what actions we took to resolve the issue.”
Mayor Julian said, “The purpose of the meeting was to talk about zoning for the individual applicants. There were a couple of people talking about cannabis and that’s where the rub came. I mentioned to them…they were afraid to come because they thought the man would “t-off” on them.

I explained to them that the Chief talked to the individual who apologized. Both are okay. They were afraid to come to this upcoming meeting on Thursday. I told them there’s no reason to be concerned.

We’re all good.”

11. MAYOR’S REPORT- UPDATES
No comments were made by the mayor.

REGULAR BUSINESS

12. Informational report from planning staff on the possibility of regulating food trucks and sales carts within the City Limits.

Written report: Larry Appel, Contract Planning Director Recommendation: That the City Council a) Accept the information and take no action; or b) Direct staff to return to Council when a draft ordinance is ready for consideration consistent with Council direction; or c) Continue to another Council meeting for further discussion and deliberation.

Mr. Appel made some brief comments on the background of this subject. He said, “This item’s come up before with Cruz Ramos and Bob Perrault, two prior City Administrators. Both had me get geared up and prepare a staff report but then decided it wasn’t a good idea to go forward with it. Todd has now asked me to bring it forward. At this time, the City has no regulation for food trucks/carts. We just need to find out if there’s clear direction from much of the Council if you’d like to move in any direction with this item.

In the past, things have been pretty restricted and regulated. In Santa Maria, as an example, an ordinance was adopted which regulates ‘catering vehicles’, identifying time to be spent in one location, public or private property, and other restrictions. In the last several years, there’s been a resurgence of these food trucks. They’ve now become popular and are incorporated in downtown in Santa Maria’s “Friday Nights” with 5-7 food trucks. Over the last four (4) years, we’ve issued four March 8, 2022 City of Guadalupe Council Meeting MINUTES Page 8 of 19 (4) business licenses for food trucks and one (1) for a food cart. They’re set up in the City and at processing plants for breaks and lunch times and going out to the fields so workers don’t have to leave during lunch break.

The purpose of bringing this as an agendized item is to see what direction the Council would like to go. Have an ordinance now or leave it as it is now? There’s been concern in the past from people with regular restaurants that they’re losing business. The food trucks don’t have the overhead.

Mayor Julian said, “In the past, there was a food truck before that was parked right across from the Guadalupe Restaurant on Pasquini’s property. The restaurant started to complain that the food truck was taking business away from them. What were the four (4) business licenses for?” Mr. Appel said, “One (1) was non-specific and the others were for the fields and sheds.” The mayor continued saying, “At Pasadera, I know the owner didn’t want food trucks there. An ice cream truck was there before.”
CM Robles asked, “Currently, we have trucks now?” Mr. Appel said that business licenses have been issued but I couldn’t tell you if all still operating.” CM Robles continued saying, “I favor brick and mortar restaurants and give them the opportunity. That’s who we are. Our downtown corridor is charming. Hopefully, we’ll have that up and running with all restaurants open and maybe, new restaurants coming onboard. Maybe have food trucks for special events with limited timeframe, like in the downtown parking lot. We need to give room to our brick-and-mortar restaurants that are trying to survive. Until we establish the downtown corridor, I’d say only for special events.” CM Costa, Jr. added, “With catering trucks, I haven’t seen any issues. Romo’s goes to the fields. I see the one by Apio and Puritan Ice. I don’t see any in the downtown area. There’s the food truck and fruit standby the railroad tracks…that’s County. Like CM Robles said, it’d be nice for special events. We could get some of our businesses to get something going. A lot are restaurants have food trucks that go out. In Santa Maria, there are taco trucks all over. It’s a major business in Santa Maria, but not here.”
CM Ramirez said, “I’m on the opposite side of CM Robles. I think this is a good opportunity to shine on it for people in our local area. Some people have started in food trucks and moved into brick and mortar. Something we’d want to encourage. We don’t have any issues here.” CM Cardenas said, “I agree. We should have food trucks. We could, either weekly or monthly, have an event. Like in Lompoc, they have ‘Food Truck Fridays’. In the evening, they park at a location.

People shop and eat at one of the trucks at that location. I’m all for something we can have and expand in the future. And carts.”
Mayor Julian then added his comments saying, “I don’t know if GBA (Guadalupe Business Association)) has heard of this as a possibility. I’d say, out of courtesy, ask them. Supposedly, they have connections with restaurants. Then, actually go to restaurants to let them know this is being discussed as a possibility. Lompoc’s food grotto is going well. After 8:00 p.m. there’s no place to eat March 8, 2022 City of Guadalupe Council Meeting MINUTES Page 9 of 19 in Guadalupe. If weekly at certain night and time, that would be okay. I wouldn’t want to see food carts. Someone once had an ice cream truck and went through neighborhoods. I’m concerned about the little push carts that are in Santa Maria. What do they have there? 36 of them? 70 of them? There are quite a few that have permits.” Mr. Appel said, “The old Police Chief in Santa Maria would have his guys just pick up the carts, drive to the dump and just throw them away.” Mayor Julian then said, “First of all, find out from the businesses what their opinions are. Our restaurants here have different operating hours here. But find out from them how they feel about this…they’ll probably be against it. Then ask GBA with the proposal…I know some of the members support it.

This may bring business to our restaurants, too.”
At this point, Mayor Julian read a letter from Shirley Boydstun on this item. In part, it read as follows:
“I suggest Option B to be considered by the Council using the Santa Maria ordinance as a framework specifically for Guadalupe/local entrepreneurs who wish to operate a catering vehicle.

Requirements should include: 1) Business license and fingerprinting of owner/operator; 2) Health Department permit; 3) …minimize competitive operations with established brick and mortar food stores…; 4) …at the Amtrak station, operate truck from 6;30 a.m. to 8:00 p.m. to service Amtrak passengers…, and 5) An event on private property requires a permit/written consent by owner/tenants for a one-and-one-half hour event. Street vendors and/or push carts should have separate regulations. A requirement for a restroom and hot water…could only be applicable at O’Connell Park, public property. These maybe available on private property.” Signed, Shirley Boydstun
City Attorney Sinco said, “We don’t currently have a problem. We should anticipate if our economic development plans and the Royal Theatre get up and running, there’s more people downtown and we will see a problem. We need to plan for the worst.” Mayor Julian added, “For your example, the Royal Theatre opens up. Restaurants are closed. Then you have some catering trucks…knowing that you’re having an event, maybe the restaurants would open up.” City Attorney Sinco clarified saying,” No, I wasn’t talking about the events. The concern would be food trucks that would park in front of a restaurant at lunch hour, offer cheaper food than the restaurants and do it daily. We’re looking at a regulation that would not allow that. Even if we don’t have a problem right now, we want to prevent that from ever happening should it ever become a problem.” CM Robles then said, “We’d need timeframes with that. Maybe once a month, like Friday/Saturday, 8:00 p.m. to 11:00 p.m. at the Veterans Memorial Parking Lot on a trial basis. See how the people like it. Then in a year, adjust, if necessary, to allow more service dates/times.” CM Ramirez said, “I don’t think we need to be that restrictive. Probably the best would be to state a certain distance from a restaurant. Have food truck allowed in certain areas. I don’t agree with the time restrictions.” City Attorney Sinco said, “One other comment I want to make…the push carts you mentioned, Mr. Mayor. We are going to have our hands tied with that. There’ve been some State law changes that require us to allow, to a certain extent, sidewalk vendors. Just want you to know that we can’t ban outright.”
March 8, 2022 City of Guadalupe Council Meeting MINUTES Page 10 of 19 City Treasurer Anna Maria Michaud asked, “I know they’d have to have a business license. How will we control them to report their sales, so we get that revenue? I know they have to have a sales permit from the State of California. But we need to make sure we get our revenue if they’re selling things here. That’s my question.” Mr. Bodem said he could contact HdL for an answer.

CM Costa, Jr. referred to Ms. Boydstun’s letter where Option B was recommended. He said, “Option B is to direct staff to return to the Council when a draft ordinance is ready for consideration. That’s shown on the agenda.” Mr. Appel added, “It’s important to go back to GBA. I should have sent some information to them, but I didn’t. I’ll get information to them and get some general feedback from them. It sounds like there’s enough interest in moving forward with something that has some regulations. Philip and I will draft an ordinance, see what it looks like and bring it back to another meeting.” Mayor Julian said, “Referring back to Shirley’s email, I wouldn’t want to see a food truck daily, not at Amtrak. I wouldn’t want to see it there. Can’t you buy food on the train?” Several people spoke at once saying that food can be bought on the train but it’s expensive, especially with a family. The mayor then asked, “All right, you then have your marching orders?” Mr. Appel responded that he did.

Ms. Fuentes then said, “With downtown Fridays, we’ve discussed this and something I’m looking into. There are some strict regulations and policies that must be followed regarding doing a certified Farmers’ Market. I haven’t even looked into the requirements needed for food trucks, but I know it will be an interesting adventure to get started. After everything’s in place, it’s more making sure things are re-certified, monitor permit renewal every year, etc. But it’s something that I probably need to discuss with GBA. You have to do permits through the Department of Agriculture and then the Santa Barbara County Department of Public Health. There’s a lot that goes into this and we’ll have to team with GBA.” CM Cardenas said, “Talk to Chamber of Commerce in Santa Maria and Lompoc to see how they have done it.” Ms. Fuentes said, “I’ve done that, and they’ve given me the items to even start to think about doing this.”
City Attorney Sinco added, “I just wanted to distinguish that she’s talking about a Farmers’ Market component which is different than a food truck. Doing a food truck event is a lot simpler because they have their own permits, and we just allow them to use our space. We have special use permits…that’s another ordinance we need to work on. But a combined event with food trucks and farmers’ market would be challenging.” CM Ramirez said, “You said it really well, Hannah, that it’s a really big task. There was a whole committee before you got hired on for the 75th Anniversary. I’m sure they would want to give you some good advice or even volunteer as a committee structure.

There are committee members who would be willing to help, whether it’s for a ‘Food Truck Friday’ or a farmers’ market. They were getting ready to do open streets, then COVID hit.” Ms. Fuentes added, “That’s good information from Philip because that’s what I was saying. I haven’t even looked into the food truck aspect of it. So, if that’s easier, it may be a starting point…then build off that.” CM Costa, Jr. asked, “Will Caltrans approve closing 9th Street to Olivera so we could have that?” Ms.

Fuentes said, “I’ve talked with Chief Cash and Fire Captain Schmitz. I think blocking that off would be a very difficult chore, not even a task. Trying to find a location where we wouldn’t have to block March 8, 2022 City of Guadalupe Council Meeting MINUTES Page 11 of 19 a street would be a lot easier. Should find someplace else…maybe Veterans Memorial Parking Lot or O’Connell Park. We may want to have restaurants that will allow vendors use of running water to wash their hands or use the restrooms.” The idea of Le Roy Park as a location was also tossed out. CM Robles suggested Central Park as a possibility when it gets up and running. CM Cardenas then said, “Different locations every month.” Ms. Fuentes said, “If we were to do a food truck venue, it could be a mobile thing. But for a certified farmers’ market, it has to be the same location every time. So, it would just be what the community wanted.” CM Ramirez added, “That would be a great question to ask at that April 9th community meeting.”

12.B. Approval of Classifications and Job Descriptions for associate Planner, Permit Technician, Engineering Technician, Maintenance Lead, Park/Facilities Lead, Recreation Leader, Building Attendant, and Emergency Services Manager. (Originally Item #8.F.) Mr. Bodem began the discussion by saying, “Maybe some of these can be approved now based on the information presented and how comfortable you feel with it. You could ask that it all come back but we’re looking for input from you after she gives the report then determine what we do next.” Mayor Julian asked, “Is the proper procedure to ask questions first from us for details? I know you have to go through a lot of detail about what’s planned because there’s how many pages?” Ms.

Gerber, HR Manager, said, “41 pages and I also provided a supplemental budget review. I didn’t make copies for everyone, but I think there are three (3) copies up there in reference to our amended budget. I’ve tabbed areas that touch on various departments that are seeking personnel changes.” The mayor then asked the Council, “Do you want to ask questions at the front, or do you want to hear Emiko’s report?” CM Ramirez said he’d like to hear the staff report.

Ms. Gerber said, “The staff report with a resolution brought forth today is seeking the approval of classification and job descriptions.” She then went through and talked about each position with their justification: 1) Permit Technician: updated as firefighter function was removed by position when incumbent retired from Fire Department yet retained Permit Technician position. The position is filled.” Mayor Julian asked, “So, that’s an existing person. We’re looking at Maintenance Lead.

That’s a current position.” Ms. Gerber that it was current position. The mayor then asked, “That’s not new?” Ms. Gerber said that it wasn’t new position. Another question from the mayor was, “What’s Juan’s position?” Ms. Gerber said, “He’s a Maintenance Worker I. I thought I could give you some background as we comb through the workforce movement so you can understand how things have shifted between Public Works and Recreation and where we’d like to move with maintenance.

CM Costa, Jr. asked, “How many are just being reclassified or redone?” Ms. Gerber said, “We’re looking at two: Permit Technician and Maintenance Lead.” The mayor asked, “What are we doing with Maintenance Worker?” Ms. Gerber said, “I’ll get to that as well. That needs a little bit of explanation. Building Attendant, too. We have a building attendant on-call now. We looked at job descriptions to make that inter-changeable between Recreation Leader/Building Attendant.” Mayor Julian then said, “Let’s not go all over the place so let you finish what you need to do.” March 8, 2022 City of Guadalupe Council Meeting MINUTES Page 12 of 19 Ms. Gerber continued discussing the job descriptions. She said, “In Building and Planning, Larry Appel has announced his retirement. Larry, Todd and I talked the succession planning for that position. We looked at the needs of the City and the level of desired expertise. We’re looking at an Associate Planner position that would be in-house and a new position. This would be a higher-level professional exempt position. Mr. Appel will be available for training and complex issues so there’ll be some overlap. But it would be cost neutral as we transition.” Mr. Bodem added that through permit applications, we can get reimbursed. Mayor Julian asked, “The chart on page one of the staff report, what’s ‘TA’?” Ms. Gerber said, “It’s ‘Temporary Appointment”. It’s more project specific. As we’re prepping and getting ready for the new Tyler System and the planning module, we have a need to look at our archived hard copies and our planning documents. All that would be scanned into a proper document management system. I didn’t want to bring a new org chart at this time but just to give you a visual what the Planning Department would look like even with the temporary aid.” CM Ramirez asked, “The “TA” was approved through ARPA, right?” Ms. Gerber said that it was approved. CM Ramirez then asked, “The Associate Planner…what would be the difference between that and the Planning Director? If we’re being proactive, is that the same thing we had with ‘Emergency Services Manager’ where we originally thought ‘Coordinator’ level would do? Now with the Associate Planner, will that have to be Director? What’s the difference between the two?” Mr.

Appel responded, “You need someone to cover the function of the Planning Director. There are a lot of agencies that don’t have a director, but their City Manager or City Administrator covers that position. So, you could have a lower-level position working. As I’ve made changes to zoning issues, I’ve said ‘Planning Director or designee’. So, it always defers down to the lower level. Associate Planner is a safe level for the City given the projects I’ve worked on for the past four (4) years. There’s nothing an Associate Planner couldn’t handle that I’ve worked on. Get someone with experience…two (2) steps up from entry level, not an Assistant Planner.

I told Todd that even though my formal work as Director would end in December, I’d stay through the transition to bring the person up to speed. Bill Scott would be doing the same thing teaching the person how to do the ADU permits and just know everything about Pasadera before he would back out. After the transition, I see myself as a backup for technical issues. This fall we’ll be adopting the General Plan, rezoning, implementing policies. I’ll give as much of that to the new person, but I’ll continue to do ordinance amendments. I’m always there to answer questions. That’s why we think that level and salary is good for the City. You might get someone from another city who has local experience to take on that position. I’m excited about it and I hope you support it.” Mr. Bodem added, “It is not uncommon for a city to have planning staff and hire professional consultants available to handle complex projects outside the scope of an Associate Planner.” The mayor asked, “One of the things we’ve talked about here is that this is approved already on the budget-side. When is the person projected to start?” Ms. Gerber said, “Recruitment will start in April with an estimated hire date beginning in June.” Mr. Appel repeated what Mr. Bodem said, “All the work that we do when someone comes in for a private application, like Pasadera work and the new 20-unit apartment project, all of that is applicant paid for. So, all of that is reimbursable with the money going back to the City which will help pay for this position. It’s really important to have in- March 8, 2022 City of Guadalupe Council Meeting MINUTES Page 13 of 19 house planning staff for anyone to come in during business hours and ask a planning question or get help on an application.” Mr. Bodem then said, “Having two (2) in the office in Building and Planning gives it more of a true office environment. It’s a cost neutral proposition.” Mayor Julian then commented, “Public Works is getting renovated. Staffing location for this position?” Ms. Sweeney said, “We worked with the staff in the Building and Planning area and there are plenty of locations in there. The area where our Engineer Intern used to be is a suitable location for the Associate Planner. There is adequate space in the Planning area for the staff that is being recommended.”
Ms. Gerber continued discussing the jobs. She said, “In April 2021, the Field and Operations Manager retired. A reassessment was done in Public Works as it relates to its streets and maintenance functions, specifically. With major construction projects occurring now, this was a good opportunity to look at a position with a different skill set than the Manager level. The Engineer Technician will allow for more technical skills, such as CAD drawings, project management assistance and can be an extension of what the City Engineer is doing. There’s a lot of cost savings as the position has been open for 11 months. This new job will mostly be funded through Enterprise funds. That is a new job description and classification.” Mayor Julian asked, “What’s the annual cost for the Engineer Technician?” Ms. Gerber said, “The overall cost for FY 21/22 is $19K. Step A of salary range 191 is $57.7K. To estimate what the total benefit package would look like, I think it’s safe to say 30% of that. So, about $15K-$16K.” The mayor asked, “You said the majority of this will come from Enterprise funds.” Ms. Gerber said, “Yes, from Enterprise funds.” CM Ramirez asked, “On page 3 of your staff report, it says that the ‘mid-year budget reported that expenditures for the remainder of the fiscal year for Building Maintenance are projected to be over budget by about $161K.” Ms. Gerber said, “I guess I should back up a little bit. I believe this also includes…it’s something that we’re working on, I think, internally with this transition. Now that we’re rebuilding the Recreation Department, prior to hiring Hannah (Fuentes) as the Recreation Services Manager, we looked at our landscaping and janitorial contracts and bringing that in-house for more control and flexibility responding to some maintenance needs. We lost a Maintenance Worker, Josue Meraz, who went to Code Compliance and replaced that person. With money left over from the understaffing, in general, we were able to consolidate the landscaping and janitorial work to hire a third Maintenance Worker, Juan Montero. Because that position is more facility based, that position was moved to the Recreation and Parks Department.”
CM Cardenas asked, “We’re trying to move away from our contracts?” Ms. Sweeney responded, “The landscape contractor was performing work on many different properties. We’ve narrowed it down so now the landscape contractor takes care of only O’Connell Park and City Hall. When Le Roy Park reopens, the contractor will do work there, also. With janitorial requests which couldn’t be handled by the landscape contractor, having an employee in-house could do maintenance at parks and City facilities. I took monies from those contractors and used those to fund an in-house person.” CM Cardenas then asked, “Is this intended to happen soon?” Ms. Sweeney said, “We’ve already done it.

We’ll continue to have the landscape contractor do O’Connell Park and City Hall. Our landscape March 8, 2022 City of Guadalupe Council Meeting MINUTES Page 14 of 19 contract expired in October 2021, and we revamped it to show work only on the larger properties.

We took off the smaller properties and used those funds to hire the in-house person.” The mayor then asked what the savings amount was, the income, by doing all this. Ms. Gerber said, “$80 was saved.” Ms. Sweeney added, “Yes, there was $80 saved, but it allowed us to have an in-house position who will be more responsive to the various requests made.” CM Ramirez said, “There are complaints from residents on landscaping. This Maintenance Worker…talks about doing parks maintenance, will the Maintenance Worker do landscaping, too? If so, I don’t know if the $80 was worth saving.” Ms. Sweeney explained, “We have some catch up to do on landscaping. There is some street landscaping that will remain with Public Works. Then there’s park landscaping that will be done by Parks and Recreation. So, there’s a little division of duties there.”
The mayor added, “Pasadera is doing their own landscaping. Are there specific areas that people are complaining about?” CM Ramirez said, “No, I’m talking about more residential areas like around Pioneer Street. And, on Garrett Street, there’s a patch of grass that needs landscaping.” CM Cardenas also said, “On Pioneer Street where the Bonita bus stop is, that needs landscaping. There are several little pockets that aren’t in parks but are in the city and need attention.” Ms. Sweeney said, “With that information, I’ll certainly take that back and get those addressed on a more frequent basis.”
CM Costa, Jr. added, “Now, with all the stuff that’s been going on at Paco Park, this person will have to rehabilitate all that from the construction?” Ms. Sweeney said, “The contractor just finished the irrigation lines this week. There was a water leak there which is being fixed. The contractor will be re-seeding to restore to what it looked like before. And I have the video of what it looked like before”.

Ms. Sweeney also confirmed that the Maintenance Worker will also take care of Tognazzini Park. Ms.

Gerber gave a bit of background on Juan (Montero). She said, “Juan worked for a vendor the City used. He was already familiar with our City properties and worked at a winery doing landscaping.

The job description was tailored for landscaping and janitorial.” Mr. Bodem added that Juan is a gogetter and very good.

Ms. Gerber continued with her explanation of the jobs in Public Works. She said, “With the cost savings from not filling the Field and Operations Manager position and with the movement of a Maintenance Worker, Josue, to Code Compliance, we were able to hire a Maintenance Worker II level.

And because there were additional cost savings from downsizing the landscaping contract and eliminating the and janitorial contract, we were able to hire a Maintenance Worker I, in addition to promoting from within and creating the Maintenance Lead position. Because we had someone who was more senior on staff with two newer staff members, we needed to create leadership on certain projects, so we created the Maintenance Lead position. You have the job description and classification information.”
Mayor Julian asked, “Is there a problem putting names on here? Because you’re talking about Rudy, who’s the Maintenance Lead, James, the Maintenance Worker II and Juan is Maintenance Worker I.” March 8, 2022 City of Guadalupe Council Meeting MINUTES Page 15 of 19 Ms. Gerber confirmed those job titles with the employees. CM Ramirez asked, “On the org chart, would you tell us who’s hired? Which ones are the new ones and which ones are the reclassified one?” Ms. Gerber responded, “Building Attendant’s filled - Jacob Gutierrez (on call). Facility Rental Coordinator – Amelia Villegas (interim). Maintenance Worker I’s filled - Juan Montero. Then there’s the Facilities/Parks Lead. What’s been working in Public Works is the PW Maintenance Lead position – Rudy Gutierrez, and Maintenance Worker II – James Batala. The Engineering Technician is a new position. We looked at that Lead position working in tandem with the Maintenance Worker. We thought this would also be a good model for the Recreation Department. During the ARPA review, we asked for a Maintenance Worker I which was approved. But as we looked at this new model, we looked at the need for a lead position for parks to assist. Proposal is to increase Maintenance Worker I to Facilities/Parks Lead.” The mayor asked if someone would be promoted from within or bringing someone in. Ms. Gerber said, “Bringing someone in. If we could clone Rudy, that’s what we’d like to do.”
Mayor Julian asked, “The Recreation Services Manager is funded through ARPA. Are the other positions funded from the General Fund?” Ms. Lorena Zarate answered, “The Facilities/Parks Lead is ARPA and after ARPA will be General Fund.” The mayor then said, “We need to have the Recreation Services Manager under General Fund, not ARPA. You can have all the parks people that mow lawns but if you don’t have a recreation coordinator that’s under the General Fund, that doesn’t do any good. I know it’s in here that the Recreation Services Manager is funded through ARPA until 2023.

And we’re doing all this planning and using General Fund money to provide these positions. But if we have a gap in the management side, that’s not good.”
CM Cardenas said, “This should have gone before our mid-year budget review. So, it would allow us to be transparent with what positions we want to look at and what we want to see with the restructuring. And then we could approve. We can see the numbers; we can see the monies, and we can see everything that has been approved after. It shouldn’t have happened this way.” Ms. Zarate said, “The budget review included a projection of estimated costs for the remainder of the year based on the assumption of these hiring plans which were communicated with the needs of these departments. Then the budget amendment was approved to accommodate the possibility of these hiring plans with the flexibility for the Council to see how these hiring plans would affect the General Fund.” CM Cardenas continued her comments saying, “Even the fact that it was on the Consent Calendar was… it just rubs me the wrong way.” Mr. Bodem added, “One thing you could do is another budget amendment. We can come forward with another budget amendment again.” CM Ramirez commented, “At two (2) meetings ago, when we approved the budget amendment, it felt clouded, and it wasn’t very descriptive of what expenditures meant. I share in the sentiment that it felt a little misleading on my end and it sounds like on her (CM Cardenas) end as well. We really wish this plan had been communicated. Another colleague of yours who has also asked for positions in the past, we’ve held to the same standard, when it came to communicating the structure of the organization, what the leadership role is, etc. We felt we needed to be a little more upfront with the general public on that. And the creation of new positions…especially if we created one on a grant and the others on the General Fund. And supporting what the mayor said…have Hannah create all these March 8, 2022 City of Guadalupe Council Meeting MINUTES Page 16 of 19 amazing programs and for her not to have the security of knowing that she may not be here in the next few years? I just think that it’s…not that I feel that was communicated when we had our goal setting sessions. Maybe some of this is getting dumped on in the fact that maybe this should have been two (2) agenda items. One for just the classifications and catching up and the other one for new positions. Everything is really jumbled there right now and that’s what makes it look even less transparent.”
Mayor Julian commented, “I echo what we’re talking about here. I did a spreadsheet because it was confusing to me. Existing jobs; reclassified; new jobs? I mentioned that I like org charts with names on them because I know them, Rudy, James and Juan. If this was placed before us before and then look at the budget to see where the money comes in…” CM Cardenas, “Or at least at the same time.” The mayor said, “You’re right. Thank you for your information on specific details but I personally wouldn’t be ready…you can go through the rest of it but it’s a little too foggy. I have no problem looking at existing, like the Facility Rental Coordinator position where Amelia is temporarily in it now.

We’re looking at hiring to fill that position. I don’t know if you want to bring that up now and move on it. Approve the Permit Tech position. And Rudy’s thing – he’s already there. And the attendanttype person.” Mr. Bodem asked, “What do you think about the Associate Planner?” The mayor said, “Looking at what Larry said, with the fees, you’re picking up this person. So, it’s not coming out of the General Fund, for the most part. So, I see that. So, I want to see how much is coming out of Enterprise funds and how much is coming out of the General Fund. We need to look at our reserves. Where are we with our reserves? We’re coming up on planning for the next fiscal year. It would be difficult for me to approve this without seeing the numbers.” CM Ramirez added that an advantage of having a contractor is that there are no benefit costs.

Mr. Bodem then said, “We can come up with an analysis on all of that.” CM Costa, Jr. said, “Pull this away and separate it. Reclassifications and existing – okay. Then come back with the other new jobs with the budget so we can see how this will all go. I know you all put a lot of work in this. At times I see things on Consent Calendar that aren’t too open on it. I see it as a way to pull the wool over the sheep’s eyes. You don’t see that sometimes and I know that’s not the intent here. You’re just trying to get things going in the right direction. Like the mayor and fellow council members are saying, it doesn’t look right when we’re trying to get money and we understand that we need these other jobs.

But it needs to be separate from each other so we can approve on some quickly and then look at the other ones to see and get a better explanation what’s going on. Does that sound legal to you? City Attorney Sinco then said, “It’s not really a legal question. It sounds like direction from the Council on what to do. It sounds like there’s no desire to take any action on any item of this at all. Right?” CM Cardenas said, “Right.” Ms. Gerber then said, “Thank you, Council, for the feedback. That’s the direction I think that I needed.” Mayor Julian said, “We just need to make it clearer.” CM Cardenas added, “Transparency. We can’t put it on Consent Calendar to approve job descriptions. This just indicated personnel changes. Yes, in the list there were some jobs but to be thorough, what was March 8, 2022 City of Guadalupe Council Meeting MINUTES Page 17 of 19 actually division of staff would have been better.” Ms. Gerber then said, “I assumed this would have been pulled such this is such a large item to discuss.” Then the mayor said, “You used Arroyo Grande, Grover Beach, Pismo Beach, Lompoc and Santa Maria salaries for comparisons. I noticed that most of the salaries Guadalupe’s using are higher than most of the agencies whose income is higher than ours, except for the Recreation Services Manager. It was lower than the rest of the cities that we’re looking at for comparisons. Where did those numbers come from? If you look at some of the other cities, on some of these positions, we’re paying more than the average annual salaries when our budgets aren’t high like the other cities? We’re using outside standards for comparisons and we’re higher than those comparisons. So, if we’re higher, then where’s our budget…how can we sustain those if we approve them?” Ms. Gerber explained, “In SEIU negotiations, we had a reopener to look at job descriptions. We agreed to look at surrounding cities that are in the comparison survey, as well as org charts. Many of those agencies have more than one staff for support which is why some of those salaries are a little bit lower. Specific for the Associate Planner position, Larry and I tried to make the compensation package a little more attractive so that we might offer somebody who was in a more junior position a little bit of a carrot.” Mayor Julian responded, “That’s a good point. It would have been nice to have seen that. In Santa Maria Parks & Recreation, there are 10 people under him. The same with Lompoc.” Ms. Gerber continued explaining, “I’ve also thought to myself just how am I going to give all of this information to Council. It’s important to look at all the factors we’re looking at as well. I really don’t have a mechanism aside from the HR Staff Report. That’s when I go in detail for any workforce movement. But I think it’s important to look at it in its entirety, especially if we’re looking at the fiscal year even during mid-year budget review. If that’s the desire, I’m happy to provide a more comprehensive look at org chart and workplace assessment needs per department, etc.” CM Ramirez said, “I was one of the holdouts for hiring the Recreation Services Manager in ARPA because I wanted this position to be institutionalized and a part of the system. I feel that whenever we make any hiring, that that should be a long-term goal making sure that that position, Recreation Services Manager, is instituted in our General Fund budget and lives on past one-time funds. That’s my big thing.” CM Robles added, “We were looking at making the Recreation Services Manager long-term. With parks coming online soon and other programs. We need that solid foundation. Yes, we need it long-term.” Mr. Bodem then said, “We talked internally that this was just a catalyst to get it started. We knew that with cannabis coming, when ARPA ends, during the budgeting process, we were definitely going to ensure that that Recreation Department was budgeted.” The mayor said, “Of course. That’s one of the items with our goal setting, Parks and Recreation.” CM Costa, Jr. said, “I like to be competitive. I don’t want to see us low so we can’t get good people.

But you need to sell it. Someone coming in and willing to take the risk to wait for revenue to come in. I’ve seen police officers come and go with our city. Why? To make more money. If someone is willing to take that risk and stay here long term, they’ve established themselves when revenue comes in. If you take the risk in the beginning, it’s going to be favorable for you in the end as we start to get bigger. So, that’s what I’d like to see on some of these wages that we’re looking at on some of these March 8, 2022 City of Guadalupe Council Meeting MINUTES Page 18 of 19 jobs. I’m not saying be too low but be in that competitive zone, not to say we have all this money when we don’t at the time.”
Mayor Julian said, “Following up on that point, if we know what our budget is and we know what our resources are, and we have those resources to pay those salaries, then fine. But given what we see here, we don’t have those numbers to rely on to approve these positions. We need that fiscal data.” Mr. Bodem said, “We’ll look at the way you want this done to bring back to another meeting.” The mayor’s final comment on this item was, “From my years on the Council, I appreciate seeing people speaking up especially on our financial information. We’re coming out of doom and gloom times having been in the negative. I want to make sure that we stay there.”

13. FUTURE AGENDA ITEMS
CM Cardenas: Movement of the Veterans Memorial Flagpole to the Veterans Memorial Parking Lot scheduled for the March 22nd meeting.

CM Costa, Jr.: “If we can’t get new positions at the next meeting, at least do those that need to be reclassified at the next meeting. Then the other jobs can be scheduled later. So, the reclassified job descriptions can be scheduled for the March 22nd meeting so we can approve those and get things doing in that direction. Then you can have more time on the other jobs for another time.” Mr. Bodem asked, “There might be some exceptions here. If we have information for the Associate Planner position, can we bring that to the next meeting?” Mayor Julian responded, “As long as you have the numbers, yes.”
Note: Mr. Bodem asked, “Goal setting for FY 21/22 approval, is there a chance you want to do that again? Or are you satisfied with the broad goals already? Would you like to do this in-house or possibly hire somebody?” CM Ramirez said, “I think the way we did it in the past was do goal setting before the budget workshop. That was super helpful. It gave direction to the department managers to look at that first.” Mr. Bodem then asked, “What I was wondering is that some cities do it every two years. Some once a year. We’ve done it once before I was here and then once again. Are you ready for another one? Do you think the same goals will come out again? I’m just throwing it out.” CM Ramirez said, “The last time, the key thing was that we were able to give the community a chance to weigh in on the budget priorities, too.” Mayor Julian asked, “It would be nice to know, especially from HdL and other entities, where we are with our resources? We could do a budget workshop…maybe they could be parallel. We could say we want to do something but how much money do we have to do that?” Mr. Bodem added, “During the budgeting process, Lorena will always go to HdL and get the estimates. And we’ll get the estimates on the number of houses built.

That generates what revenue we expect to come in. That’s there in every budget cycle…expected revenue, including cannabis, as well.”
Mayor Julian said, “We wouldn’t want to push the budget workshop too far off.” CM Ramirez said, “No, maybe the end of April?” Ms. Zarate said, “We could push off the budget workshop to possibly to the beginning of May, if necessary. So long as we have a budget for the last meeting in June March 8, 2022 City of Guadalupe Council Meeting MINUTES Page 19 of 19 approved for starting on July 1st.” Mayor Julian said, “The fee schedule is going to the Recreation Commission first. When would we want that here? Probably a meeting in April to approve it.” CM Cardenas added, “I’d like to see goal setting because it will allow us to see where we’re at. Where we were a year ago. See what we’ve accomplished in the year and what and how we can move forward.” The mayor asked when the goal setting should be. CM Cardenas said, “I’d like to see it during the budget workshop, like at the same time, or before it. Before it would be nice.” The mayor then said there’d be a special meeting for goal setting.

Ms. Fuentes asked about the facilities use application and the fee schedule asking if those two items should be for separate meetings. CM Ramirez said, “The facilities use application for the auditorium is a priority and should be a separate meeting. Discuss the fee schedule at another meeting.”

14. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS
CM Robles: We’re putting together a “bonsai class”. I have a location idea already approved. We have a local man from Nipomo who is a master bonsai artist, George Unanaka. Possible meetings would be on Sundays, 9:00 a.m. to 12:00 p.m. If interested, contact me at my barbershop, #805- 343-9906. We may actually form a “Guadalupe Bonsai Club”. I’ve spoken to a lot of people who have expressed an interest in learning this fine art.

Also, at Righetti, there were two (2) state placers and two (2) runners-up. This has never happened before.”
CM Cardenas: This Sunday, March 13th, PCPA is presenting “The Road Home” - two authors, Dr.

Francisco Jimenez and Octavio Solis, will be discussing their life on the Central Coast and how John Steinbeck’s writing inspired them. This event will be in the City auditorium, beginning at 1:30 p.m.

Today, March 8th, is “International Woman’s Day”. March is “Women’s History Month”.

Mayor Julian: On Friday, March 11th, at 9:00 a.m., tree planting at Le Roy Park will take place.

Ms. Fuentes: The auditorium will be cleaned Wednesday and Thursday this week. Someone will come in to give an estimate on repairing the floor.

15. ADJOURNMENT
Motion was made by Council Member Costa, Jr. and seconded by Council Member Cardenas to adjourn the meeting. 5-0 Passed. Meeting adjourned at 8:28 p.m.

Prepared by: Approved by:
______________________________ ____________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor

Agenda Item No. 7D

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of March 22, 2022

_______________________________ _________________________________ Prepared by: Approved by:

Lorena Zarate, Finance Director Todd Bodem, City Administrator SUBJECT: February 2022 Financial Report
RECOMMENDATION:

That the City Council accept the February 2022 Financial Report DISCUSSION:

The Finance Department has prepared a Financial Report for the fiscal year 2021-2022 through February 2022 for the Council’s and the public’s information. Attached hereto as Attachment No. 1 is the Report.

Staff requests that the City Council accept this report for its information.

ATTACHMENTS:

1. February 2022 Financial Report
Lorena Zarate

City of Guadalupe
Financial Report
Fiscal Year 2021-22 through February 2022
Overview
The fiscal year 2021-22 financial report concentrates on the General Fund and Water/Wastewater Enterprise Funds through February 2022, or 66 percent of the year expended. The purpose of the report is to provide a status of cash, fund balance and budgeted Revenue and Expenditures versus actual at 66 percent of the fiscal year expended.

General Fund Cash
Total cash as of February 28th 2022, was $478,767.64. For comparison, the cash balance for February 2021 was $619,498.53.

General Fund Revenue
Actual revenue received through February 28th 2022 compared to the amended budgeted revenue shows the General Fund below target 54.7 percent of expected revenues.

The table and graph below show General Fund revenue by category. Highlighted in yellow are specific revenue categories that have fallen short as compared to the budget through February 2022. In regard to sales tax revenue, timing delays in payments cause the shortage. Based on the budget review analysis presented on February 8th, in which revenue was projected out for the remainder of the fiscal year based on financial data through December 2021, HDL confirmed that sales tax revenue is still on target as compared to the budget. However, Staff has requested that ATTACHMENT 1

HDL provide a more updated projection for this fiscal year and for preparation of the budget for next fiscal year. Staff has also requested information from the county to verify that our projected property tax revenue is reasonable. In regards to franchise fees, currently these appear underbudget related to the timings of the funds from SoCal and PGE which are received annually in April. In March, Staff was informed from Waste Management that they had made a mistake in their franchise fees to City, in which the City was getting overpaid from September 2019 to October 2021. As such, the budgeted amount was based on an inflated figure. Because of this, franchise fee revenue may end up underbudget by about $25,000, but this figure is being confirmed with the Waste Management team. This issue may be brought up during negotiations with Waste Management for the next term. The Other Revenue category includes cannabis application fees received in the amount of $63,000, and airport and SRO revenue, among other miscellaneous revenue, as shown in the graphic below. The City is still awaiting the mutual aid agreement reimbursement in the amount of $222,678, Chevron grant of $90,000, and REAP/LEAP grants.

Category Budget Actual %
Property Tax 1,575,000 902,918 57.3%
Transfers from other funds 1,216,106 601,568 49.5%
Sales Tax 1,311,345 663,523 50.6%
Utility Users Tax 450,000 291,158 64.7%
Building Permit & Planning 537,930 375,433 69.8%
Business License 272,000 258,199 94.9%
Franchise Fees 260,000 121,259 46.6%
COPS Grant 166,000 121,302 73.1%
Rental of Property 100,000 78,642 78.6%
Administrative Overhead 82,471 63,728 77.3%
Other 1,095,357 390,573 35.7%
Total Revenue 7,066,209 3,868,303 54.7%
Gen. Fund Revenue by Category

General Fund Expenditures
Expenditures are currently under budget at 66 percent expended as compared to the amended budget. The Table and Chart below shows all General Fund Departments and spending trends as of February 28th, 2022. All departments are within budget through February 2022. Overall, expenditures for the General Fund are higher than revenues.

Other Revenue Budget Actual %
Dividends 1,600 919 57.5%
Other Lic/Permits 28,230 23,862 84.5%
Over counter plan chk 14,682 14,682 100.0%
Cannabis App Fee 63,000 63,000 100.0%
Criminal Fines 300 107 35.7%
Other Fines 5,000 3,215 64.3%
Other Gov Grants 5,100 9,642 189.1%
Vehicle Anti Theft 3,978 2,065 51.9%
LEAP/REAP Grants 290,509 35,337 12.2%
Grading Permit 900 250 27.8%
Public Impr Plan Chk 500 - 0.0%
Plans & Specs 21,300 21,854 102.6%
AMR Fire 238,678 15,391 6.4%
Other Permit 3,200 1,537 48.0%
Other Service Chages 500 75 15.0%
Chevron 90,000 - 0.0%
Interest Inc 5,000 332 6.6%
Investment Inc (12,000) - 0.0%
Misc Inc 1,500 661 44.1%
Cash Over/Short - 9 #DIV/0!
SRO 53,915 13,479 25.0%
rev from other agencies 264,465 178,829 67.6%
Misc Rev Police 15,000 5,326 35.5%
1,095,357 390,573 35.7%

General Fund Balance
The term fund balance is used to describe the net position of governmental funds calculated in accordance with generally accepted accounting principles (GAAP). It is intended to serve as a measure of the financial resources available to the fund. Fund balance represents the total amount accumulated in the fund from prior years at a point in time. The fund balance in the General Fund as of February 28th, 2022 is a positive $191,850.20. As a disclosure, the FY2021 is currently under audit and may change the fund balance. The graph below shows the upward trend through the past several years. As shown in the visual below, the fund balance at the end of February 2021 was $101,499.41 for comparison. A priority for City is to continue to increase the fund balance enough to establish a reserve of a minimum of 15% of the General Fund operating budget, which is $1,037,171. The budget review projection presented on February 22nd showed the City receiving revenues in the amount of $7,066,206, which is $1,023,642 more than was originally budgeted for, by the end of the fiscal year. The budget review projection also showed total projected expeditures to be $6,888,217, which is $957,736 more than originally budgeted for. The net result is that revenues are projected to exceed and be enough to cover the expected expenses by $177,993. Furthermore, the fund balance at the end of June 2022 is expected to be $667,346, per the budget review projection, if revenue is received as expected and expenditures are incurred as projected.

DEPARTMENT NAME Amended Budget Actual Spent as of
2/28/2022 67%
City Council 15,070 8,426 56%
Administration 487,530 308,551 63%
City Attorney 120,000 62,360 52%
Finance 548,475 316,746 58%
Non Departmental 667,587 416,000 62%
Building Maintenance 325,723 122,985 38%
Police 2,744,346 1,758,644 64%
Fire 1,338,000 865,591 65%
Parks & Rec 326,099 135,103 41%
Building and Safety 284,060 146,051 51%
Cannabis 57,587 25,352 44%
TOTAL ALL DEPARTMENTS: 6,914,477 4,165,808 60%
2021-22 GENERAL FUND EXPENDITURES

ENTERPRISE FUNDS – WATER AND WASTEWATER
The Statement of Revenues and Expenditures through February of fiscal year 2021-22 is shown in the Table below.

Water Wastewater

REVENUES
Charges for Services 1,598,199 1,215,289
Interest 2,830 3,122
Other 34,659 116,283
Connection Fees 9,750 -
Developer Fees 46,410 146,250
Total 1,691,847 1,480,944

EXPENSES
Operating 747,671 770,847
Capital 6,555 895,550
Depreciation - -
State Water 540,910 -
Debt Service 146,819 -
Total 1,441,955 1,666,396
Actuals Through Feb
28, 2022

The following charts compare budget to actual Revenue and Expense:

The Enterprise funds experienced revenue at 60 percent of budget for Water. Wastewater was slightly below budget at 54 percent of revenue expected for the period.

Operating expenses for Water and Wastewater are below budget at 42 percent and 31 percent, respectively.

CONCLUSION
The City needs to continue to look for cost cutting measures and additional revenue sources in order to continue to provide the services the residents expect and for these to be sustainable long-term. Sustainability is a concern when reserves are not at the target amount. Currently, the City has ARPA funds available, but these are limited. City Staff is hopeful that next year will

bring in more revenue, including cannabis and additional housing developments. Enterprise funds and other funds are general in line with budget and City Staff does not expect any further significant fluctuations in these funds. City Staff will continue to monitor closely and continue to provide a financial report to Council monthly.

Information in this report is unaudited.

Agenda Item No. 7E

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of March 22, 2022
_______________________________ _________________________________ Prepared by: Approved by:

Thomas Brandeberry Todd Bodem, City Administrator
Co-Executive Director, LADG
SUBJECT: Authorize Los Amigos De Guadalupe to submit an application for a United States Department of Agriculture (USDA) Disaster grant, under the USDA Rural Facilities grant program, on behalf of the City of Guadalupe.

RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 2022-20, allowing Los Amigos de Guadalupe (LADG) to submit the application and to work with the City to purchase equipment and supplies for the senior meals program, rehabilitate the senior center facility, and operate the senior meals program.

DISCUSSION:

USDA has identified Santa Barbara County and its jurisdictions as eligibility for up to $500,000 in disaster assistance due to past federally recognized disasters in Santa Barbara. There is a required 45% match, which can be met with the CDBG CV funding that is awarded by the state for the senior meals program.

The USDA funding is available on a first come, first served basis. While Los Amigos de Guadalupe is moving forward, using CDBG funds, to address both Fire Department and Santa Barbra County Environmental Health Service (EHS) requirements, these are for the minimum requirements to allow for meal preparation/service at the City’s senior center. The USDA funds would allow for the City to purchase needed kitchen equipment and supplies (for example, food, cleaning materials, cutlery, napkins, and so on). While the CDBG funds can also be used for these items, the CDBG funds are better used for the City’s match obligation. Some costs (building maintained/utilities and staffing costs) are not eligible for match and so the amount the City can apply for is up to $500,000, contingent of the amount of available match at the required 45%.

There will be enough CDBG match that the City will be able to do some significant upgrade to the building. LADG will complete, with City staff, a scope of work and cost estimate of all rehabilitation needs for the senior center and will work on a prioritizing the list. In the event that there is not enough funding to complete the full scope, the items that are on the priority list will be completed first.

ATTACHMENTS:

1. Resolution No. 2022-20
Tom Brandeberry

RESOLUTION NO. 2022-20

A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE AUTHORIZING LOS AMIGOS DE

GUADALUPE TO SUBMIT AN APPLICATION TO THE UNITED STATES DEPARTMENT OF AGRICULTURE (USDA) DISASTER GRANT ON BEHALF OF THE CITY OF GUADALUPE WHEREAS, The United States Department of Agriculture (USDA) has federal disaster funding available for public facilities, and jurisdictions within Santa Barbara County are eligible; and WHEREAS, the usual maximum grant amount is $50,000, but these disaster funds have a maximum of $500,000 requiring matching fund at 45%; and
WHEREAS, the State CDBG CV grant can be a match for this USDA Disaster, public facilities grant; and, WHEREAS, the USDA funds can pay for the equipment, supplies for the senior meals program, and can funding the rehabilitation of the senior center building, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Guadalupe as follows:

Section 1. Los Amigos de Guadalupe is authorized on behalf of the City of Guadalupe to submit a grant application to the USDA, and to implement the grant, if awarded, for the senior meals program and the renovation of the senior center at 4545 10th Street, Guadalupe, and to ensure that the amount requested from the USDA is within the limits of the available match from the State CDBG program.

Section 2. 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 22nd day of March 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. 2022-20, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held March 22, 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

Agenda Item No. 7F

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of March 22, 2022
_______________________________ _________________________________ Prepared by: Approved by:

Shannon Sweeney, Todd Bodem, City Administrator
Public Works Director / City Engineer
SUBJECT: Authorize Contracts for the West Main Street Waterline Construction Project and Related Inspection Services
RECOMMENDATION:

That the City Council adopt Resolution No. 2022-21 authorizing the Mayor to execute a construction contract with Souza Construction for the West Main Street Waterline construction project, and to execute a contract with Filippin Engineering for inspection services on this project.

DISCUSSION:

Both the 2014 and 2021 Water Master Plans identified the need to replace approximately 1,000 feet of 4-inch steel pipe with 12-inch PVC pipe along West Main Street from Guadalupe Street to Pioneer Street because the existing pipe fails the 3,750 gallons per minute fire flow requirement.

On February 11, 2022, the City solicited a Request for Quote for the West Main Street Waterline construction, and Request for Proposal for inspection services for this project. Both were sent to a list of potential bidders, made available on the City’s website and advertised in the Santa Maria Times. The deadline to receive bids and proposals was 2:00 p.m., March 10, 2022.

The City received six construction bids, ranging from $292,758.00 to $395,910.00. The lowest construction bid, from Souza Construction, was found to be responsive and meet the City’s needs.

Staff recommends awarding the construction contract to Souza Construction for a total of $292,758.00.

It is also recommended to authorize the City Administrator to approve contract change orders during construction up to 15% over the contract amount if deemed necessary.

The City received four inspection proposals, ranging from $59,520.00 to $64,366.00. The lowest inspection proposal, from Filippin Engineering, meets the City’s needs. In addition, the City worked successfully with this inspector on a previous project.

Shannon Sweeney

Staff recommends awarding the inspection services contract to Filippin Engineering for a total of $59,520.00. It is also recommended to authorize the City Administrator to approve contract change orders during the project up to 15% over the contract amount if deemed necessary.

FISCAL IMPACT:
$450,000.00 was budgeted in the FY 2021 – 22 budget for this project. The base bid for construction ($292,758.00) and inspection services ($59,520.00), totaling $352,278, is below the budgeted amount.

The cost of the project if the full contingency is exercised is $405,119.70, which remains below the budgeted amount.

ATTACHMENTS:

1. Resolution No. 2022-21

2. Bid Results

3. Agreement, Construction

4. Agreement, Inspection Services

RESOLUTION NO. 2022-21

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE

APPROVING A CONTRACT WITH SOUZA CONSTRCTION

FOR THE WEST MAIN STREET WATERLINE PROJECT AND AN AGREEMENT WITH FILIPPIN

ENGINEERING FOR CONTRACT INSPECTION SERVICES ON THIS PROJECT WHEREAS, the City of Guadalupe published a Notice Inviting Bids for the West Main Street Waterline Project on February 11, 2022, in compliance with Guadalupe Municipal Code section 4.04.070; and, WHEREAS, the City of Guadalupe received six bids for the construction of the West Main Mainline Construction Project, which was opened on March 10, 2022, at 2:00 PM; and, WHEREAS, the construction bids, ranged from $292,758.00 to $395,910.00, and the lowest bid, from Souza Construction, in the amount of $292,758.00, was found to be responsive and meet the City’s needs; and
WHEREAS, Staff recommends awarding the construction contract to Souza Construction; and WHEREAS, Staff solicited informal proposals to provide contract inspection services for this construction project and received four proposals for these services ranging from $59,520.00 to $64,366.00; and WHEREAS, the lowest inspection proposal, from Filippin Engineering, was determined to meet the City’s needs and the City has worked successfully with this inspector on a previous project.

WHEREAS, Staff recommends awarding the inspection services contract to Filippin Engineering for a total of $59,520.00.

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

SECTION 1. Authorize the Mayor to enter into a construction contract with Souza Construction on behalf of the City in the amount of $292,758.00, a copy of which is attached to the staff report for this item.

SECTION 2. Authorize the Mayor to enter into an agreement with Filippin Engineering in the amount of $59,520.00 for contract inspection services, a copy of which is attached to the staff report for this item.

SECTION 3. Authorize the City Administrator to approve change orders to these contracts during construction up to 15% of the bid prices, if deemed necessary.

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.

ATTACHMENT 1

PASSED, APPROVED AND ADOPTED at a regular meeting on the 22nd day of March, 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. 2022-21, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held March 22, 2022 and that same was approved and adopted.

ATTEST:
______________________________ ____________________________________ Amelia Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
______________________________
Philip Sinco, City Attorney
ATTACHMENT 2
Bid Results - W. Main St. Waterline Inspection Services Bid Results - W. Main St. Waterline Construction Services ATTACHMENT 3

EXHIBIT A
r ITEM ESTIMATED UNIT OF PAYMENT I UNIT PRICE ITEM PRICE - NO. ITEM QUAHTffY �EASURE REFERENCr {IN FtGURES} (IN FIGURES) 22 PC Concrete Curt> and Gutter 30,0 LF SectlOn 10-5.k lo�- \'\l:o -
23 PC Concrete Flatwofk; 4" 160.0
�
SF Section 10-5.6 11..o:_�o �v;i.fO24 PC Concrete Flatwork; s• 200.0 SF Secllon 10-5.6 i)<j - !:f?OO25 Pavement Markings 2,100.0 SF Section 1�.6 l'i·(t,O q�- 26 Retro-Reflective MarkefS I 96.0 EA Section 1�.6 J7- /f,-,"4,c]-

BID TOTAL
----
I ·ael� �------J/58•� �
TOTAL BASE BID IN WORDS:
7wo \-'-u� a,ae� 1u)O :\ho,;so;<::o � � � e!�h+ cio\\cuS Total Base Bid Amount shall beshokn in both words and figures. ' The award of the contract, if awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed. Bids will be compared by the Total Mathematical Bid as determined by the Engineer.

The Total Mathematical Bid is the summation of all required bid items, excluding bid alternates. Bid items are calculated by multiplying the Engineer's Estimate quantities by the unit bid prices. In the case of a discrepancy between the Total Mathematical Bid and the total bid written above, the Total Mathematical Bid shall govern.

The bidder to whom the contract is awarded agrees to enter into a contract with the City of Guadalupe, within fifteen (15) days after the date of Notice of Award, and to commence work within ten (10) working days, after the date of the Notice To Proceed, and to diligently prosecute the work to completion within the Time of Contract shown on the cover of the Project Manual.

The undersigned understands and agrees that the City of Guadalupe will not be responsible for any errors or omissions on the pa� of the undersigned in preparing and submitting this Proposal. ��' .:� $1Jil�S?. A. Sol Title President
__ 3,:-:;_·.....;\;,,..;;O;_.·_-=----9 d---------------------Date City of Guadalupe Page5 West Main Street Water Line

EXHIBIT A
City Atty Rev 8/21 1

AGREEMENT FOR CONSULTANT SERVICES

BETWEEN

THE CITY OF GUADALUPE
AND
FILIPPIN ENGINEERING, INC.

THIS AGREEMENT FOR CONSULTANT SERVICES (the "Agreement") is made and entered into this 22 day of March 2022, by and between the CITY OF GUADALUPE, a municipal corporation ("City") and Filippin Engineering, Inc., a California corporation ("Consultant").

In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

Section 1. Term of Agreement. Subject to the provisions of Section 19 (Termination of Agreement) of this Agreement, the term of this Agreement shall be for a period of one (1) year from the date of execution of this Agreement, as first shown above. Such term may be extended upon written agreement of both parties to this Agreement.

Section 2. Scope of Services. Consultant agrees to perform the services set forth in Exhibit A (Scope of Services) and made a part of this Agreement.

Section 3. Additional Services. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to or outside of those set forth in this Agreement or listed in Exhibit A unless such additional services are authorized in advance and in writing by the City Council or City Administrator of City. Consultant shall be compensated for any such additional services in the amounts and in the manner agreed to by the City Council or City Administrator.

Section 4. Compensation and Method of Payment.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit B (Compensation) and made a part of this Agreement.
(b) Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by subcategory), travel, materials, equipment, supplies, subconsultant contracts, and miscellaneous expenses. City shall independently review each invoice submitted by Consultant to determine whether the work performed, and expenses incurred, are in compliance with the provisions of this ATTACHMENT 4
City Atty Rev 8/21 2
Agreement and Scope of Services. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c).

In the event City disputes any charges or expenses, City shall return the original invoice to Consultant with specific items in dispute identified for correction and re-submission.

All undisputed charges shall be paid in accordance with this Agreement and Scope of Services.
(c) Except as to any charges for work performed or expenses incurred by Consultant, which are disputed by City, City will cause Consultant to be paid within thirty (30) days of receipt of Consultant's invoice.
(d) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. (e) Consultant shall have the right to suspend services if not paid in accordance with this Agreement.

Section 5. Inspection and Final Acceptance. City may inspect and accept or reject any of Consultant's work under this Agreement, either during performance or when completed, if the work is found to be defective or not in compliance with the defined Scope of Services. Acceptance of any of the Consultant's work by City shall not constitute a waiver of any of the provisions of this Agreement, including but not limited to, Sections 15 and 16, pertaining to indemnification and insurance, respectively. Consultant agrees to cooperate in any such inspection.

Section 6. Ownership of Documents. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, paper files, and other documents prepared, developed or discovered by Consultant in the course of providing any services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Reuse of any materials outside the scope of this Agreement shall be at the sole risk of the City.

Section 7. Consultant's Books and Records.
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant's performance of services pursuant to this Agreement. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement.

Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently completed and detailed so as to permit an accurate evaluation of the services provided by Consultant pursuant to this City Atty Rev 8/21 3
Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to the audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, upon reasonable notice during regular business hours, upon written request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant's address indicated for receipt of notices in this Agreement. The City shall compensate the Consultant for all costs associated with providing these materials to the City.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or destroyed due to dissolution or termination of Consultant's business, City may, by written request, require that custody of such documents or records be given to the requesting party and that such documents and records be maintained by the requesting party. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.

Section 8. Status of Consultant.
(a) Consultant is and shall at all times during the terms of this Agreement remain a wholly independent Consultant and not an officer, employee or agent of City.

Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
(b) The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control.

Neither City nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's officers, employees or agents are in any manner officials, employees or agents of City. (c) Neither Consultant nor any of Consultant's officers, employees or agents shall obtain any rights to retirement, health care or any other benefits which may City Atty Rev 8/21 4
otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may have to any such rights.

Section 9. Standard of Performance. Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement.

Section 10. Compliance With Applicable Laws, Permits and Licenses.

Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement applicable to Consultant. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable at law or in equity as a result of any failure of Consultant to comply with this section.

Section 11. Nondiscrimination. Consultant shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, disability, marital status or sexual orientation in connection with or related to the performance of this Agreement.

Section 12. Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. sections 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney's fees, incurred by City.

Section 13. Conflicts of Interest. Consultant will comply with all conflict-ofinterest laws and regulations including, without limitation, the City’s Conflict of Interest Code (on file in the City Clerk’s Office). All officers, employees and/or agents of Consultant who will be working on behalf of the City pursuant to this Agreement, may be required to file Statements of Economic Interest with the Fair Political Practices Commission. Therefore, it is incumbent upon Consultant to notify that City of any staff changes relating to this Agreement.

City Atty Rev 8/21 5
A. In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of Consultant, unless as indicated in Subsection B, will be performing a very limited and closely supervised function, and, therefore, unlikely to have a conflict of interest arise. No disclosures are required for any officers, employees, and/or agents of Consultant, except as indicated in Subsection B.
____________
Initials
B. In accomplishing the scope of services of this Agreement, Consultant will be performing a specialized or general service for the City, and there is substantial likelihood that the Consultant’s work product will be presented, either written or orally, for the purpose of influencing a governmental decision. As a result, Consultant shall be subject to Disclosure Category “1” of the City’s Conflict of Interest Code.

Section 14. Confidential Information; Release of Information. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Administrator, except as may be required by law.
(b) Consultant, its officers, employees, agents or subconsultants, shall not, without prior written authorization from the City Administrator or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories or other information concerning the work performed under this Agreement. A response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subconsultant of Consultant, provides any information or work product in violation of this section, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct.

City Atty Rev 8/21 6
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or sub consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant.

However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Consultant shall be compensated for all costs associated with complying with this section.

Section 15. Indemnification.
(a) City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "Indemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, defend, protect and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorney's fees and disbursements (collectively, "Claims") which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by Consultant's performance of or failure to perform any services under this Agreement or by the negligent or willfully wrongful acts or omissions of Consultant, its agents, officers, directors, sub consultants or employees, committed in performing any of the services under this Agreement. (b) If any action or proceeding is brought against Indemnitees by reason of any of the matters against which Consultant has agreed to indemnify Indemnitees as provided above, Consultant, upon notice from City, shall defend Indemnitees at Consultant's expense by counsel acceptable to City, such acceptance not to be unreasonably withheld. Indemnitees need not have first paid for any of the matters to which Indemnitees are entitled to indemnification in order to be so indemnified. The insurance required to be maintained by Consultant under Section 16 shall ensure Consultant's obligations under this section, but the limits of such insurance shall not limit the liability of Consultant hereunder. The provisions of this section shall survive the expiration or earlier termination of this Agreement.
(c) The provisions of this section do not apply to Claims occurring as a result of the City's sole negligence or willfully wrongful acts or omissions.

City Atty Rev 8/21 7
(d) City agrees to indemnify Consultant for any such neglect or willfully wrongful acts committed by City or its officers, agents or employees.

Section 16. Insurance. Consultant agrees to obtain and maintain in full force and effect during the term of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work provided by Consultant, its agents, representatives, or employees in performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-:VII. All insurance policies shall be subject to approval by City as to form and content.

These requirements are subject to amendment or waiver, if so approved in writing by City Administrator. Consultant agrees to provide City with copies of required policies upon request.

Prior to the beginning of and throughout the duration of the Work, Consultant and its subconsultants shall maintain insurance in conformance with the requirements set forth below.

Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, Consultant agrees to amend, supplement, or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to Consultant or its subconsultants in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to City.

Consultant shall provide the following types and amounts of insurance. Without limiting Consultant’s indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City:

A. Minimum Scope of Insurance: Coverage shall be at least as broad as:
(1) Insurance Services Office Form Commercial General Liability coverage (Occurrence Form CG 0001).
(2) Insurance Services Office Form No. CA 0001 covering Automobile Liability, including code 1"any auto" and endorsement CA 0025, or equivalent forms subject to written approval of City.
(3) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers' Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons under this Agreement, along with a waiver of subrogation endorsement.
(4) Errors and omission liability insurance appropriate to the Consultant's profession.

City Atty Rev 8/21 8
B. Minimum Limits of Insurance: Consultant shall maintain limits of insurance no less than:
(1) General Liability Insurance: Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. This insurance and any umbrella or excess liability insurance shall be maintained for a minimum of three years or as long as there is a statutory exposure to completed operations claims, with the City and its officers, officials, employees, and agents continued as additional insured.
(2) Automobile Liability: Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (3) Workers' Compensation and Employer's Liability: Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Consultant’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Consultant shall require each subConsultant to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subConsultant’s employees. Consultant shall submit to City. (4) Errors and Omissions Liability: $1,000,000 per claim as appropriate for the profession.
(5) Umbrella or excess liability insurance (if needed): Consultant shall obtain and maintain an umbrella or excess liability insurance that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability.

Such policy or policies shall include the following terms and conditions:

City Atty Rev 8/21 9
• A drop-down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(6) Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a Consultant’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

C. Other Provisions: Insurance policies required by this Agreement shall contain the following provisions:
(1) Notice of Cancellation: Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or other party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested has been given to City. (2) Primary/noncontributing: Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(3) City’s Rights of Enforcement: In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(4) Waiver of Subrogation: All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or City Atty Rev 8/21 10
appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers. (5) Enforcement of Contract Provisions (non estoppel): Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(6) Requirements not Limiting: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (7) Prohibition of Undisclosed Coverage Limitations: None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (8) Separation of Insureds: A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (9) Pass through Clause: Consultant agrees to ensure that its subconsultants, subconsultants, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subconsultants, and others engaged in the project will be submitted to City for review. (10) City’s Right to Revise Requirements: The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant a ninety (90) day advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.

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(11) Self-insured Retentions: Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(12) Timely Notice of Claims: Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(13) Additional Insurance: Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

Section 17. Assignment. The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under the Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant's duties or obligations under this Agreement without the prior written consent of the City Council. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement, entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize sub consultants.

Section 18. Continuity of Personnel. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant's staff assigned to perform the services required under this Agreement, prior to any such performance.

Section 19. Termination of Agreement.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days' written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement at any time upon thirty (30) days' written notice of termination to City.

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(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant's possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 4 of this Agreement.

This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 of this Agreement.

Section 20. Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default and may terminate this Agreement immediately by written notice to Consultant.

Section 21. Excusable Delays. Consultant shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Consultant. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of the City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

Section 22. Cooperation by City. All public information, data, reports and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in Exhibit A, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement.

Section 23. Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or United States mail, postage prepaid, addressed as follows:

To City: City Administrator
City of Guadalupe
918 Obispo Street
Guadalupe, CA 93434
To Consultant: Gino Filippin
Filippin Engineering, Inc.
354 S. Fairview Ave., Suite D
Goleta, CA 93117
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Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

Section 24. Authority to Execute. The person or persons executing this Agreement on behalf of the Consultant represents and warrants that they have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.

Section 25. Binding Effect. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.

Section 26. Modification of Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

Section 27. Waiver. Waiver by any party to this Agreement of any term, condition or covenant of this Agreement shall not constitute a waiver of any other term, condition or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any provisions of this Agreement.

Section 28. Law to Govern; Venue. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Santa Barbara. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Los Angeles.

Section 29. Attorney's Fees, Costs and Expenses. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to any award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.

Section 30. Entire Agreement. This Agreement, including the attached exhibits, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement.

No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding. No amendment to this Agreement City Atty Rev 8/21 14
shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.

Section 31. Severability. If a term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby, and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

Section 32. Preparation of Agreement. This Agreement is the product of negotiation and preparation by and among the parties and their respective attorneys. The parties, therefore, expressly acknowledge and agree that this Agreement shall not be deemed prepared or drafted by one party or another, or any party's attorney, and will be construed accordingly.

CITY: Consultant:

CITY OF GUADALUPE
By:______________________________ By:_________________________________ Ariston Julian, Mayor
Title:_______________________________
APPROVED AS TO FORM:

By:_________________________________
__________________________________ Title:_______________________________ Phillip Sinco, City Attorney
President
Vice President

EXHIBIT A & B
Agenda Item No. 7G 1.a

GUADALUPE FIRE DEPARTMENT
TO:

FROM:

PUBLIC SAFETY DIRECTOR, MICHAEL CASH

CAPTAIN PATRICK SCHMITZ
SUBJECT: MONTHLY SUMMARY OF CODE ENFORCEMENT CASES
February 1, 2022 - February 28, 2022
DATE: 03/01/2022
CALLS FOR SERVICE January 2022
INCIDENT TYPE This
Month
Medical 35
Structure Fire 0
Cooking Fire 0
Trash or Rubbish Fire 2
Vehicle Fire 0
GrassNegetation Fire 0
Other Fire 1
Motor Vehicle Accidents with Injuries 3
Motor Vehicle Accidents No Injuries 3
Motor Vehicle/Pedestrian Accident 0
Hazardous Materials Spill/Release 0
Hazardous Condition Other 1
Water Problem/Leak 1
Animal Problem 0
Search I Rescue 0
Public Assistance 4
Police Matter/Assistance 2
Illegal Burn 0
Smoke/CO Detector Activation 2
Dispatch and Canceled En-route 4
False Alarm 2
TOTAL 60
Additional Information
STAFFING: 1 Public Safety Director (Police/Fire Chief)
3 Fire Captains
3 Fire Engineers
3 Paid Call Firefighters 3 Position Vacant
Last Year to Date
Month (2021-2022)
52 279
0 0
0 4
2 8
0 4
0 1
0 2
3 18
2 16
0 0
1 3
0 8
0 4
0 1
0 0
7 26
1 9
0 0
0 5
1 27
0 13
69 428
Year to date
(2020-2021)
247
2 4
4 1
5 3
11 9
3 4
7 2
1 0
9 1
2 15
31 7
368
Rev: 06/17/2021
Agenda Item No. 7G 1.b

GUADALUPE CODE COMPLIANCE
TO: PUBLIC SAFETY DIRECTOR, MICHAEL CASH
FROM: CODE COMPLIANCE OFFICER, JOSUE MERAZ
SUBJECT: MONTHLY SUMMARY OF CODE ENFORCEMENT CASES
FEBRUARY 1, 2022 – FEBRUARY 28, 2022
DATE: 3/01/2022

CODE ENFORCEMENT CASES
INCIDENT TYPE This
Month
Last
Month
Year to Date
(2020-2021)
Prohibition of illicit discharge (GMC 13.24.050) 0 0 0
Animal Nuisance (Odor, Noise) (GMC 6.04.100 (A,E)) 2 1 3 Fowl, Livestock and Wild Animals (GMC 6.04.210) 0 0 0
Litter Accumulation (GMC 8.12.020) 0 4 4
Abatement of Weeds and Rubbish (GMC 8.16.010) 3 0 3
Burning Garbage Prohibited (GMC 8.12.150) 0 0 0
Unlawful Property Nuisance (GMC 8.50.070) 5 0 5
Graffiti Abatement (GMC 9.07.060) 0 0 0
Abandoned Vehicles/ Vehicle Covers (GMC 10.36.010) 3 2 5 Portable/fixed basketball goals (GMC 10.48.050) 0 0 0
Parking of large vehicles/trailers (GMC 10.24.190) 0 1 1 Wall,Fence,or Hedge Requirements (GMC 18.52.121) 0 0 0
Working Without Permits (GMC15.04.020) 0 2 2
Address Number (GMC 15.08.020 (505.1)) 0 0 0
Illegal Garage Conversion (GMC 18.08.120, 18.08.160) 0 0 0 Damage Fence (GMC 18.52.125) 0 0 0
Parking on Front Yard Setback (GMC 18.60.035) 1 3 4
Trailers/Mobile homes as living space (GMC 18.56.030) 0 1 1 Residential Solid Waste Collection (GMC 8.08.070) 1 1 2 Landscape Maintenance Required (GMC 18.64.120) 1 0 1
Discharge of illegal fireworks (GMC 8.24.020) 0 0 0
72hr Parking 19 11 30
Code 60 Citations 1 4 5
TOTAL 36 30 66
Complaints Received 7 6 13
Miscellaneous This
Month
Last
Month
Year to Date
(2020-2021)
Visitors 0 0 0
Public Relations (Food distribution, Covid Vaccination) 1 1 2 School Visits () 0 0 0
Agenda Item No. 7G 1.c
1 | Page

HUMAN RESOURCES MONTHLY REPORT – February 2022

DEPARTMENT REPORT
Police Department
Recruitment for a full-time Police Officer is underway. CJPIA confirmed the complete disability of a pending workers compensation claim, leaving an opening for a Police Officer.

Council approved the classification of a Police Lieutenant position to serve as a second-level supervisor in the police command structure, who will have clearance to act as Commander of Investigations and provide additional oversight for the entire Department of Public Safety; specifically supervising the Code Compliance program, and operational oversight of the Fire Department. An internal posting will expire April 1, 2022.

Human Resources reached out to POA Representative regarding upcoming MOU negotiations. Staff recommends formally opening negotiations mid-March.

Fire Department
Staff and attorney provided MOU negotiations update to Council in closed session Tuesday, February 22, 2022.

City Administrator signed a retainer agreement with Liebert Cassidy Whitmore to represent the City with the POA and IAFF bargaining units for current negotiations.

The retainer includes up to 11.90 hours of attorney time per month (142.80 hours annually). Attorney time in excess of 142.80 hours will be billed at regular hourly rates. Unused portion of hours can be applied to future work.

Emergency Services Management
Recruitment for Emergency Preparedness Coordinator is underway. Human Resources is reviewing the existing candidate pool and online resumes before publicly reopening.

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. 7G 2.
2 | Page
Planning/Building Department
Under the guidance of the Director of Public Works, the Planning/Building Department is preparing to migrate all records, hard copy plans on file to a PDF format that will be uploaded into the multi-department Tyler software system. Staff recommends an Administrative Aide/Temporary Appointment to complete this project and work closely with the Permit Technician. ARPA funds were approved for this project-based appointment. A drop line was requested of IT to create a workstation.

With the announcement of Planning Director/Consultant Larry Appel’s retirement slated for December 2022, development for an in-house Associate Planner position is underway.

Public Works Department
The Director of Public Works serves dual roles, as she is a licensed Professional Engineer and acts as the City Engineer, overseeing major construction projects and utilities. A vulnerable area is succession planning in these areas. Staff would like to formally recommend the development of a new position, Engineering Technician in the near future. An Engineering Technician would be responsible for performing moderate to difficult engineering, produce technical documents, plans, drawings, cost estimates and project schedules, and provide support to the Director of Public Works/City Engineer.

Recreation Department
Recruitment and phone interviews for Facility Rental Coordinator are underway.

Deadline to apply is March 31, 2022.

COVID-19
Latino, Black, and Pacific Islander communities have been disproportionately affected by COVID-19. With the support of Santa Barbara County Public Health Department, CHC, Stars Pharmacy, Guadalupe School District’s vaccination programs, the community made strides in addressing disparities, and will continue to offer Covid-19 rapid test kits, access to vaccinations, and stay vigilant as the pandemic continues to shift.

There was a significant downward trend in February. At the start of the month, February 1, there were 380 new cases and 4,222 active cases in the county. By month’s end, February 28, there were 26 new cases reports and 391 cases total.

California ended its mask mandate on February 15 and lifted negative test requirements to visit hospitals and nursing homes. Masks will still be required in some settings for vaccinated people, including K-12 schools, on public transportation and in healthcare settings. For unvaccinated people, masks will still be required inside churches. 3 | Page
COVID-19
In addition, Governor Newsom signed the 2022 Covid-19 Supplemental Paid Sick Leave Act on February 19, 2022. Covered employees in the public or private sectors who work for employers with 26 or more employees are entitled to up to 80 hours of related paid sick leave retroactive from January 1, 2022, through September 30, 2022, immediately upon an oral or written request to their employer, with up to 40 of those hours available only when an employee or family member tests positive for COVID-19.

Enclosure: CA Department of Industrial Relations Poster

WORKERS COMPENSATION
Enclosed is summary report, Activity Period including 2/1/2022-2/28/2022.

Effective February 19, 2022
Copyright © 2022 State of California, Department of Industrial Relations.

Covered employees in the public or private sectors who work for employers with 26 or more employees are entitled to up to 80 hours of 2022 COVID-19 related paid sick leave from January 1, 2022 through September 30, 2022, immediately upon an oral or written request to their employer, with up to 40 of those hours available only when an employee or family member tests positive for COVID-19.

A full-time covered employee may take up to 40 hours of leave if the employee is unable to work or telework for any of the following reasons:
o Vaccine-Related: The covered employee is attending a vaccine or booster appointment for themselves or a family member or cannot work or telework because they have vaccine--related symptoms or are caring for a family member with vaccine-related symptoms. An employer may limit an employee to 24 hours or 3 days of leave for each vaccination or booster appointment and any consequent side effects, unless a health care provider verifies that more recovery time is needed.
*
o Caring for Yourself: The employee is subject to quarantine or isolation period related to COVID19 as defined by an order or guidance of the California Department of Public Health, the federal Centers for Disease Control and Prevention, or a local public health officer with jurisdiction over the workplace; has been advised by a healthcare provider to quarantine; or is experiencing COVID-19 symptoms and seeking a medical diagnosis.
o Caring for a Family Member : The covered employee is caring for a family member who is subject to a COVID-19 quarantine or isolation period or has been advised by a healthcare provider to quarantine due to COVID-19, or is caring for a child whose school or place of care is closed or unavailable due to COVID-19 on the premises.
*
A full-time covered employee may take up to an additional 40 hours of leave if the employee is unable to work or telework for either of the following reasons:
o The covered employee tests positive for COVID-19
o The covered employee is caring for a family member* who tested positive for COVID-19. * A family member includes a child, parent, spouse, registered domestic partner, grandparent, grandchild, or sibling.

Part-Time covered Employees: Part-time covered employees may take as leave up to the amount of hours they work over two weeks, with half of those hours available only when they or a family member test positive for COVID-19.
*
Payment: If an employee took leave for one of the reasons identified above between January 1, 2022 and February 19, 2022, and that leave was either unpaid or compensated at a rate less than the employee’s regular rate of pay, the employee may also request a retroactive payment. Payment is at the employee’s regular or usual rate of pay, not to exceed $511 per day and $5,110 in total.

Retaliation or discrimination against a covered employee requesting or using COVID-19 supplemental paid sick leave is strictly prohibited. A covered employee who experiences such retaliation or discrimination can file a claim with the Labor Commissioner’s Office. Locate the nearest district office by looking at the directory on our website http://www.dir.ca.gov/dlse/DistrictOffices.htm using the alphabetical listing of cities, locations, and communities or by calling 1-833-526-4636.

This poster must be displayed where employees can easily read it. If employees do not frequent a physical workplace, it may be disseminated to employees electronically.

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: 2/1/22 - 2/28/22 As Of 02/28/2022
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 0.00 14,236.58 0.83 2,691.26 16,928.67 77,330.66 215,899.87 13,585.71 306,816.24 323,744.91
Recovery: 0.00
2018 - 2019 2 6 8 0.00 0.00 1,189.00 392,918.63 114,266.51 1,478,139.20 20,272.92 1,612,678.63 98,406.12 636,035.32 96,334.92 830,776.36 2,443,454.99
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 6 439.72 0.00 89.65 529.37 606.23 0.00 310.86 917.09 3,554.05 4,891.92 901.29 9,347.26 10,264.35
Recovery: 0.00
2021 - 2022 0 2 2 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

0.00 0.00 91.30 91.30 91.30
Recovery: 0.00
Report Totals: 4 97 101 439.72 391,729.63 1,278.65 393,448.00 129,109.32 1,478,140.03 23,275.04 1,630,524.39 517,531.94 1,498,404.15 226,539.65 2,242,475.74 3,873,000.13 Indemnity Claims 51 Open Indemnity 4
Medical Claims 50 Open Medical 0
Total Claims 101 Open Claims 4
California JPIA
Workers' Compensation Summary Report
Activity Paid: 2/1/22 - 2/28/22 As Of 02/28/2022
Sedgwick Copyright © 2022 All rights reserved. This document is provided for informational purposes only.

Agenda Item No. 7G 3.

March 22, 2022
Updates below:

1. Cannabis Meetings
At the April 12th, City Council meeting, of the five (5) retail commercial cannabis permit application presenters, Council will consider who will be selected to advance. The confidential scoresheets and non-confidential portions of the applications are publicly released and will then be considered by the City Council. At its March 15, 2022, Special City Council meeting, Council authorized staff to work with a cultivation-processing commercial business applicant to continue in the process and have them apply for a conditional use permit for the proposed location on 151 Obispo.

2. Public Meeting – CDBG 2022
The City will be applying for a Community Development Block Grant (CDBG). On March 10th, the City/LADG sought community input in the design phase of the application process. These funds are the same funds that are renovating the Le Roy Park and community center and support the city’s resilience planning process. LADG will compile the community input for the next round of grants and the City will set another meeting for further review and consideration.

3. Santa Barbara / UCSB Blum Center Bi-County Policy
On behalf of The Fund for Santa Barbara and The UCSB Blum Center on Poverty, Inequality and Democracy, this group would like to the City to participate in a bi-county conversation centered on the role of policy and philanthropy in equity within Santa Barbara and Ventura Counties.

Co-sponsored by the Ventura County Community Foundation and the Santa Barbara Foundation and co-hosted by Supervisor Greg Hart and Supervisor Carmen Ramirez, the virtual event will feature discussions facilitated by Dr. Alice O’Connor of the UCSB Blum Center on Poverty, Inequality and Democracy, Dr. Manuel Pastor of USC Equity Research Institute, Rick Cole of the Congress of New Urbanism, Miguel Santana of the Weingart Foundation, and Lucas Zucker of the Central Coast Alliance United for a Sustainable Economy (CAUSE).

This event will take place virtually on Thursday, April 7th from 3-4:30pm.

If you are interested, please contact the City Administrator or Councilmember Tony Ramirez and they will forward you the RSVP to receive the Zoom link.

Agenda Item No. 10
This will be an opportunity for key regional policymakers and philanthropic leaders to engage in a multisectoral discussion centered on collaborative efforts in addressing equity within the bi-county region. Utilizing the Central Coast Regional Equity Study, a data driven report coproduced by The Fund for Santa Barbara, UCSB Blum Center, and USC ERI, and incorporating perspectives from diverse stakeholders, this conversation will set the foundation for an action-oriented approach to advancing equity throughout our region.

4. Ley Roy Park Phase II. $1.7M Addition
President Joe Biden signed the Budget Bill and Le Roy Park gets a phase II. We understand that the funds will go through USDA. And maybe six months until released (contract). The City/LADG will be drafting press release. One that thanks Feinstein and Carbajal directly.

Remember, this is grant will construct a 2000 square foot building onto the newly remodeled Le Roy Park building for recreational purposes.

5. City Goal Setting – FY 22-23
City staff is seeking quotes to provide a 3rd party facilitator to conduct a council/management goal setting session. This needs to get done prior to the budgeting process. Initial costs of this work are higher than expected so staff is trying to find the lowest yet well qualified individual.

City staff may hold off on the community public meeting to implement the new policy goals set by council and to focus on cannabis programs.

6. Chevon Grant - $90,000
The City staff contacted the Chevron representatives with the hope to receive another year of a Traffic Safety Grant for the City of Guadalupe. Chevon responded asking for the City’s annual report letter and will consider another grant in the amount of $90,000. The City has received almost $2M since its inception. Staff does not know how much longer Chevron will provide these funds as they are doing most of the cleanup onsite; therefore, there are less trucks, less road damage and congestion.

7. Food Trucks GBA.

The Contract Planning Director, Larry Appel delivered the message to the GBA from the item to City Council for discussion about food trucks, good or bad. Mr. Appel is in the process of receiving comments from the GBA and any local restaurants to see what they suggest we do with the food truck topic. Again, in the last 4+ years Mr. Appel processed 3-4 business licenses allowing food trucks to have a home base in Guadalupe (serving outside areas like the fields and SM) and allowing some to operate within the city boundaries, primarily serving the packing facilities. Mr. Appel mentioned to the GBA that the City is are aware of vendors that set up just outside the City with a variety of foods (RxR tracks at Hwy 1& 166) and also at Simas and Hwy 166. Mr. Appel said that the City has no control over these operations.

Mr. Appel asked the GBA to circulate his staff report and then provide him with comments from the GBA. Once Mr. Appel has their input, he will put together some type of matrix for Council to use to see where most of them are interested in going with a possible ordinance.

With no ordinance in place, Mr. Appel will continue to approve any food truck requesting a business license in the city.

8. Le Roy Park/Boys & Girls Club/SER For Progress Use of Building On Friday, March 18th City staff and the Mayor/others will meet about one of the key discussion points, Le Roy Park and how we all want to see what is best for the Youth and Community of Guadalupe and join thoughts and services at the new facility. More to come……

9. Le Roy Park Tree Planting (eagle scouts)
On March 11th and 12th, LADG and the Eagle Scouts who with Troop 450, planted the trees in Le Roy Park. They had a lot of other volunteers, but they were the bulk of the work. The City received word that these troops did a great job. Seventy-four (74) trees were planted They had 17 volunteers on Friday and 24 volunteers on Saturday.

10. Royal Theater Update
City staff, the Mayor, LADG and the grant writer/others met to talk about the grant that was submitted in the amount of just over $9M for the renovation of the historic Royal Theater and the contemporary two-story addition. It was discovered that the EDA grant agency will not consider the original $9M grant but one in the amount of $5M. The City must look at different options including a scaled down version where this group thought it made sense to allocate the funds (if awarded) for the existing historic renovation, and simply build the shell addition (without the interior finishings) and eliminate the outside Amphitheater. The City will then seek other grant funds with the hope of reaching the original goal to make this a full scale performing arts center. More to come….

11. Jack O’Connell Park Infield.

The Mayor provided this image of the baseball infield (and outfield) at Jack O’Connell Park. The Mayor, volunteers and staff help get the field ready. Looks great!

END OF REPORT

Agenda Item No. 11

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of March 22, 2022
_______________________________________
Prepared by:

Todd Bodem, City Administrator
SUBJECT: Relocation and construction of the Veterans Memorial flagpole and base to the Veterans Memorial Plaza.

RECOMMENDATION:

That the City Council of the City of Guadalupe adopt Resolution No. 2022-22 authorizing the Vietnam Veterans Association Central Coast 982 and the Mid-Coast Veterans Alliance approval to construct and relocate the Vietnam Veterans Memorial flagpole approximately 74 feet from its current location to the Veterans Memorial Plaza.

DISCUSSION:

At the March 8, 2022, City Council meeting, members of the Vietnam Veterans Association Central Coast 982 and the Mid-Coast Veterans Alliance gave a presentation about their desire to change the location of the Vietnam Veterans memorial flagpole. The Veterans handed out a letter dated March 7, 2022, with architectural drawings and a site plan. The Veterans intend to pay all costs associated with moving the flagpole to the proposed location.

The purpose of this request is for the relocation of the flagpole and base from its existing location on 894 Guadalupe Street (private property) and reconstruct a new flagpole and base approximately 74 feet south to the top center of the of the Veterans Memorial Plaza, which is City owned property.

This new flagpole and base will include the names of their City sons: Philip Hernandez, Michael Pagaling, and Arturo Carrasco in recognition as Vietnam Veterans who fully dedicated themselves to the United States of America during the Vietnam Conflict.

Here are a few Planning/Building related comments:

1. The Veterans Memorial Plaza city parking lot is public property, BUT it is not zoned public facilities (PF); it is zoned General Commercial.

2. The G-C zone district requires a Design Review permit for several situations, but the Contract Planning Director does not believe it is required for the flag memorial.

3. Section 18.73.030.B.3 says in part that structures that are under 200 sq.ft. are exempt, unless the Planning Director or City Planner believe that there is a potential visual impact. The Contract Planning Director does not think there is an impact.

4. Therefore, there is no need for any design review by City staff.

5. Section 18.04.040.F.3 states in part that provisions of this zoning ordinance do not apply to the following governmental properties and activities - 3. "Development by the City or any district of which the Council is the governing body.

6. The City’s Building Inspector does not have any concerns with the construction and relocation of the new flagpole and base as it will require minimal oversight, if any.

Therefore, it is City staff’s recommendation to the City Council to approve and acknowledge the movement of the memorial flagpole to the new location. Staff is recommending that the Veterans submit an application for a building permit for the project to ensure that it is performed safely and efficiently, but that no fee be imposed for the permit.

FISCAL IMPACT:

None, minimal staff time and oversight.

ATTACHMENT:

1. Resolution No. 2022-22

2. March 7, 2022, Letter and flagpole and base architectural drawing and site plan

RESOLUTION NO. 2022-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE AUTHORIZING THE VIETNAM VETERANS’ ASSOCIATION CENTRAL COAST 982 AND THE MID-COAST VETERANS’ ALLIANCE TO RELOCATE THE VIETNAM VETERANS MEMORIAL FLAGPOLE APPROXIMATELY 74 FEET FROM ITS CURRENT LOCATION TO THE VETERANS MEMORIAL PLAZA WHEREAS, at the March 8, 2022, City Council meeting, the Vietnam Veterans Association Central Coast 982 and the Mid-Coast Veterans Alliance (“Veterans”) gave a presentation and requested that the City Council allow the Veterans to relocate the Vietnam Veterans Memorial Flagpole from its current location on private property to the Veterans Memorial Plaza which is owned by the City, at the Veterans’ sole cost; and
WHEREAS, the existing flagpole is located on 894 Guadalupe Street and the Veterans believe the rightful construction of the flagpole and base should be relocated approximately 74 feet from the existing location to the top center of the Veterans Memorial Plaza; and WHEREAS, the new flagpole and base will include the names of their City’s sons: Philip Hernandez, Michael Pagaling, and Arturo Carrasco in recognition as Vietnam Veterans who full dedicated themselves to the United States of American during the Vietnam Conflict; and WHEREAS, the Planning and Building Departments indicated that design review is not required and that no significant building inspections are required for the flagpole to be relocated, based on the following findings:

1. The Veterans Memorial Plaza city parking lot is public property, BUT it is not zoned public facilities (PF); it is zoned General Commercial.

2. The G-C zone district requires a Design Review permit for several situations, but the Contract Planning Director does not believe it is required for the flag memorial.

3. Section 18.73.030.B.3 says in part that structures that are under 200 sq.ft. are exempt, unless the Planning Director or City Planner believe that there is a potential visual impact. The Contract Planning Director does not think there is an impact.

4. Therefore, there is no need for any design review by City staff.

5. Section 18.04.040.F.3 states in part that provisions of this zoning ordinance do not apply to the following governmental properties and activities - 3. "Development by the City or any district of which the Council is the governing body.

6. The City’s Building Inspector does not have any concerns with the construction and relocation of the new flagpole and base as it will require minimal oversight, if any.

ATTACHMENT 1

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

1. The Vietnam Veterans Association Central Coast 982 and the Mid-Coast Veterans Alliance request to relocate the Vietnam Veterans Memorial Flagpole from its current location on 894 Guadalupe Street to the top center of the Veterans Memorial Plaza at its sole cost is approved, provided that the Veterans submit an application for a building permit so City staff can assure that the project will proceed safely and efficiently, and that the fee for said building permit will be waived.

2. 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 22nd day of March 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. 2022-22 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held March 22, 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

Agenda Item No. 12

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of March 22, 2022

_______________________________ _________________________________ Prepared by: Approved by:

Shannon Sweeney Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: Low Carbon Transit Operations Program (LCTOP)
RECOMMENDATION:

That the City Council of the City of Guadalupe authorize the execution of certifications and assurances and authorized agent forms for the Low Carbon Transit Operations Program (LCTOP) for the purchase of a zero-emission transit bus for fixed route service with the funding amount of $553,688.00.

DISCUSSION:

The City of Guadalupe is eligible for state funding from the Low Carbon Transit Operations Program (LCTOP) for transit projects. This funding can be used only for low carbon emission capital or operations programs. Fiscal year 21 – 22 LCTOP funds available to Santa Barbara County based on the County’s population apportionment pursuant to California Public Utilities Code section 99313 is $1,074,448, and 50% of this funding must be programmed to disadvantaged communities. The only other disadvantaged community in Santa Barbara County based on this program’s criteria is near Goleta. The other disadvantaged community is passing on this funding, making it available to the City Guadalupe. The City also has a small amount of California Public Utilities Code section 99314 funding (farebox revenue) of $1,173, and the City of Santa Maria has donated their 99314 funding of $15,291 to the City of Guadalupe for a total amount of $553,688 that can be applied to the purchase of a zero-emission transit bus for fixed route service on the Guadalupe Flyer.

Zero-emission transit buses cost upwards of $1 million. Additional funding may be available through Central Coast Community Energy (3CE) up to $250,000 for the purchase of a zero-emission bus. The City can also apply its SB1 State of Good Repair funding of $94,500 to this purchase as well.

This purchase helps the City move towards the requirement of converting its transit fleet of four buses to zero-emissions vehicles by 2040 as required by the California Air Resources Board.

Shannon Sweeney

FISCAL IMPACT:

The City has$553,668 in secured funding and possible additional grant funding in the amount of $344,500 to be applied towards a zero-emission transit bus, which may cost up to $1 million. The remaining funds necessary to pay for this vehicle can be covered through the LTF Transit Fund, which currently has a cash balance of $785,618.53.

ATTACHMENT:

1. Resolution No. 2022-23

RESOLUTION NO. 2022-23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE

AUTHORIZING THE EXECUTION OF THE CERTIFICATIONS AND ASSURANCES AND AUTHORIZED AGENT

FORMS FOR THE LOW CARBON TRANSIT OPERATIONS PROGRAM (LCTOP) FOR THE FOLLOWING PROJECT: PURCHASE OF ZERO-EMISSION TRANSIT BUS FOR FIXED ROUTE

SERVICE
WHEREAS, the City of Guadalupe is an eligible project sponsor and may receive state funding from the Low Carbon Transit Operations Program (LCTOP) for transit projects; and WHEREAS, the statutes related to state-funded transit projects require a local or regional implementing agency to abide by various regulations; and
WHEREAS, Senate Bill 862 (2014) named the Department of Transportation (Department) as the administrative agency for the LCTOP; and
WHEREAS, the Department has developed guidelines for the purpose of administering and distributing LCTOP funds to eligible project sponsors (local agencies); and WHEREAS, the City of Guadalupe wishes to delegate authorization to execute these documents and any amendments thereto to Shannon Sweeney, Director of Public Works/City Engineer; and WHEREAS, funding provided to the County of Santa Barbara pursuant to California Public Utilities Code section 99314 in the amount of $553,688 is available to the City that can be applied to the purchase of a zero-emission transit bus which is a qualifying LCTOP project; and WHEREAS, the City of Guadalupe wishes to implement the following LCTOP project(s) listed above.

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

1. That the fund recipient agrees to comply with all conditions and requirements set forth in the Certification and Assurances and the Authorized Agent documents and applicable statutes, regulations and guidelines for all LCTOP funded transit projects.

2. That Shannon Sweeney, Director of Public Works/City Engineer be authorized to execute all required documents of the LCTOP program and any Amendments thereto with the California Department of Transportation.

3. That the following project nomination(s) and allocation request(s) be submitted to the Department in FY2021-2022 LCTOP funds:

Project name: Zero-emission vehicle.

Funding requested: $538,397.00.

Description: Purchase one zero-emission transit bus for fixed route service.

ATTACHMENT 1

Benefit to priority population: City of Guadalupe
Amount to benefit priority population: $530,397.00

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 22nd day of March 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. 2022-23 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held March 22, 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