Guadalupe City Council
May 10, 2022

May 10, 2022 City of Guadalupe Council Meeting Agenda Page 1 of 5 City of Guadalupe
AGENDA
Regular Meeting of the Guadalupe City Council
Tuesday, May 10, 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, May 10, 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

2. MOMENT OF SILENCE
May 10, 2022 City of Guadalupe Council Meeting Agenda Page 2 of 5

3. PLEDGE OF ALLEGIANCE

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

5. CEREMONIAL CALENDAR
• Recognizing Terry Bauer- Proclamation

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

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

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 May 3, 2022.

C. Approve the Minutes of the City Council Regular Meeting of April 26, 2022, to be ordered filed.

D. Adopt Resolution No. 2022-34 authorizing the Public Works Director to execute applications, certifications and assurances, authorized agent forms, requests for reimbursement, and any other documents required to receive financial assistance through the US Department of Transportation (administered by the California Department of Transportation) associated with the 5311 and 5339 programs.

E. Adopt Resolution No. 2022-35 approving a list of projects funded by Senate Bill 1 (SB 1): The Road Repair and Accountability Act.

F. Adopt Resolution No. 2022-36 approving a contract with Eikhof Design Group, Inc. (EDG) in the amount of $103,834.00 for preparation of a pavement rehabilitation report, plans and specifications, and engineer’s estimate for rehabilitation of selected streets in the City of Guadalupe.

May 10, 2022 City of Guadalupe Council Meeting Agenda Page 3 of 5 G. Approve a request by Sam Duarte, Director of The Little House by the Park, to use the Veterans Memorial Plaza (aka Downtown Parking Lot) for a “Safe and Sane” Fireworks Sale Fundraiser.

H. Adopt Second Reading of Ordinance No. 2022-500 to repeal the existing sign ordinance (Sections 18.52.140-18.52.160) and add Chapter 18.51 (Signs).

I. Adopt Resolution No. 2022-37 approving of Amelia M. Villegas as Interim Human Resources Manager pursuant to Government Code Section 21221(h).

J. MONTHLY REPORTS FROM DEPARTMENT HEADS

1. Planning Department Report for April 2022

2. Building Department Report for April 2022

3. Public Works/Engineering Report for April 2022

8. CITY ADMINISTRATOR REPORT: (Information Only)

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

10. MAYOR’S REPORT- UPDATES

PUBLIC HEARING

11. Public hearing to consider subdivision Tract 29,065, (Planning Fire No. 2021-098-TTM) a Vesting Tentative Tract Map to allow future development on Lots 1 and 2 of Parcel Map 29,063.

Written report: Bill Scott, Contract City Planner
Recommendation: That the City Council:
a. Receive a presentation from staff;
b. Conduct a public hearing, including: a) an opportunity for the applicant to present the proposed project, and b) receive any comments from the public; and c. Adopt Resolution No. 2022-38 to conditionally approve the Tentative Tract Map 29,065.

REGULAR BUSINESS

12. Cannon Corporation and Labor Consultants of California request to add services due to continued need for inspection/labor compliance work, and authorize use of up to $150,000 for cost overages for the Le Roy park and Community Center Project from the Park Development Fund.

Written report: Tom Brandeberry, Los Amigos de Guadalupe Recommendation: That the City Council adopt Resolution No. 2022-39 authorizing the use of the Park Development Fund to pay for cost overages for the Le Roy Park and Community Center Project.

May 10, 2022 City of Guadalupe Council Meeting Agenda Page 4 of 5

13. Informational report from Public Safety staff on the feasibility of establishing a downtown residential permit parking area in the 1000 block of Guadalupe Street.

Written report: Michael Cash, Director of Public Safety 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.

14. Fiscal Year 2020-21 Audited Financial Statements and Single Audit Report.

Written report: Lorena Zarate, Finance Director
Recommendation: That the City Council receive and accept the City of Guadalupe Financial Statements for the Year ended June 30, 2021, along with the Independent Auditor’s Report and accept the Single Audit Report for 2021.

15. FUTURE AGENDA ITEMS

16. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS

17. ADJOURNMENT TO CLOSED SESSION MEETING

CLOSED SESSION

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

19. ADJOURNMENT TO OPEN SESSION MEETING

20. CLOSED SESSION ANNOUNCEMENTS

21. 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 6th day of May 2022.
____________________________________
Todd Bodem, City Administrator
Todd Bodem
May 10, 2022 City of Guadalupe Council Meeting Agenda Page 5 of 5

PROPOSED FUTURE CITY COUNCIL AGENDA ITEMS
Council Meeting: Date and Subject Department Agenda Category Wednesday, May 11, 2022, at 6:00 pm/ Special Meeting
FY 2022/23 Goal Setting Workshop Workshop
Tuesday, May 24, 2022, at 6:00 pm / Regular Meeting
April 2022 Financial Report Finance Department Consent Calendar Three Resolutions – General Municipal Election Admin Department Consent Calendar Notice of Completion – 2021 Trunk Main Improvement Public Works Dept Consent Calendar Notice of Completion – Le Roy Park Rehab Project Public Works Dept Consent Calendar 4146 Eleventh St. Reorganization R&T99 Negotiation of
Property Taxes
Planning Department Consent Calendar
Transient Occupancy Tax (TOT) City Attorney Regular Business Commercial Cannabis Business Completion Timeframe City Attorney Regular Business Tuesday, May 31, 2022, at 6:00 pm/ Special Meeting
FY 2022/23 Goal Setting Workshop Workshop
Tuesday, June 14, 2022, at 6:00 pm / Regular Meeting
Parks / Facilities Lead Job Description Recreation & Parks Dept Regular Business Wednesday, June 15, 2022, at 6:00 pm / Special Meeting
FY 2022/23 Budget Workshop Finance Department Workshop
Tuesday, June 28, 2022, at 6:00 pm / Regular Meeting
FY 2022/23 Budget Approval Finance Department Regular Business 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 June 2022 Public Works Dept. Consent Calendar Recognizing Food Distribution Volunteers Ceremonial Calendar Facility & Parks Use Fee Schedule Changes Recreation & Parks Benefit for Unrepresented Employees Human Resources New Business Agenda Item No. 5
/S/
Prepared by:

Agenda Item No. 7B

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of May 10, 2022
v Reviewed by. Approved by:

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

RECOMMENDATION:

Payment of warrants for the period ending May 3, 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 May 11, 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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April 26, 2022 City of Guadalupe Council Meeting MINUTES Page 1 of 24

MINUTES
City of Guadalupe
Regular Meeting of the Guadalupe City Council
Tuesday, April 26, 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. Council Members Ramirez and Costa, Jr. were absent.

All others present. (Note: The abbreviation, “CM”, will be used for “Council Member” in these minutes.)

2. MOMENT OF SILENCE
Prior to the ‘Moment of Silence’, Mayor Julian, “I want to mention the passing of a long-time Guadalupe resident, John Perry. He owned the Napa Auto Shop on Guadalupe Street for years and contributed to the community. I also want to mention the casualties and all those impacted by the war in Ukraine. Also, this moment of silence is for all those other in our hearts and memories.”

3. PLEDGE OF ALLEGIANCE

4. AGENDA REVIEW
Mayor Julian requested to move Item #13. Goal Setting Process, to follow Item #14. Selection of Second Commercial Cannabis Business Permit Applicant – Retail. No other changes were made to the agenda.

5. CEREMONIAL CALENDAR
a. National Child Abuse Awareness & Prevention Month April 2022 – Proclamation Ms. Allison Wales, Associate Director, North County Rape Crisis & Child Protection Center and we’re also part of CAPC (Child Abuse Protection Council) was present and thanked the City and all people for the proclamation and for those in years past. She said, “Next year we hope to be coming back to offer pinwheels as we had been done in the past. We hope that next year, too, we’ll be stronger and able to provide more programs here in Guadalupe.”
Agenda Item No. 7C
April 26, 2022 City of Guadalupe Council Meeting MINUTES Page 2 of 24 Ms. Wales further noted, “More than 1 in 3 women and 1 in 4 men have experienced sexual violence involving physical contact during their lifetimes. Sexual violence starts early. One in 3 female rape victims experienced it for the first time between 11-17 years of age and 1 in 8 reported that it occurred before age 10. Nearly 1 in 4 male rape victims experience it for the first time between 11- 17 years old and about 1 in 4 reported that it occurred before age 10.” Ms. Wales then ended her comments by reading a poem entitled “We Pray for Children” which highlighted the stark differences in the life of a child with and a child without a caring and loving family. The last part of that poem reads…’We pray for children who want to be carried and for those who must, for those who we never give up on and for those who don’t get a second chance. For those we smother with affection and for those who will grab the hand of anybody kind enough to offer it. We Pray’.
b. DMV Donate Life Month April 2022 – Proclamation
Mr. Scott Burns, Ambassador of Santa Barbara County, accepted the proclamation. He thanked Mayor Julian and the City Council. He gave some brief facts about organ donors and donations saying, “Here’s one useful fact: you are about three times more likely to be a patient in need of an organ that to be an organ donor. Also, according to a Gallup poll, about 90% of Americans said they supported or strongly supported the donation of organs for transplant, but only 55% had said they had registered as donors at the Department of Motor Vehicles (DMV). The oldest living kidney donor was 96 years old. The oldest deceased donor was 105 years old.” Mr. Burns also briefly told the story of his own kidney transplant back in 2015.
c. World War II Commemoration Week – Proclamation
Mr. John Ashbaugh accepted the proclamation and thanked the City and staff. He mentioned that the night prior the film, “Untold Triumphs” was shown at City Hall with about 70 people in attendance. Mr. Ashbaugh said, “People came from all over the Central Coast to watch that film. It can be found on You Tube. The story is about the 1st and 2nd Filipino regiments, most were organized right here on the Central Coast. Filipinos were called to form a separate unit to serve in WWII. What they expected was about 200 to form a battalion. About 7,000 Filipinos actually signed up and fully formed two (2) regiments and were sent to Australia. They were pulled out to fight with the Filipino gorillas already there. These men deserve our never-ending respect for what they did.” He said that Guadalupe is one of seven (7) cities on the Central Coast acknowledging ‘World War II Commemoration Week’.” Mr. Ashbaugh briefly mentioned that on April 30, 1942, Japanese Americans throughout the Central Coast were rounded up and brought to internment camps. He acknowledged Guadalupe’s very rich history citing the Royal Theatre which is now in the National Historical Registry, other preserved buildings, Dunes Center and Guadalupe Cultural Arts and Educational Center. He ended by saying, “I love Guadalupe and have a lot of good friends here.” d. Honoring Shirley Boydstun – Proclamation
Mayor Julian made a few brief comments prior to reading the proclamation honoring Ms. Shirley Boydstun. He said, “Many times as we go about living in Guadalupe, we don’t always take the time to recognize all the individuals who put in efforts that aren’t recognized by the general public. We’ve had the pleasure of this person’s work here in the community for many, many years. Jeannie Mello brought to our attention that there needs to recognition for somebody who’s really outstanding and April 26, 2022 City of Guadalupe Council Meeting MINUTES Page 3 of 24 provided a lot of support and effort for the City of Guadalupe. I thank Jeannie Mello for bringing this to our attention. It’s very important that we do honor those who are under the radar here in Guadalupe.”
After the proclamation was read, Ms. Boydstun made some comments. She said, “I love this honor.

This was very thoughtful. I didn’t know my family was involved and the Historical Society girls are here. What a surprise. I’m going to keep the proclamation…it’ll be a good obituary. I plan to be around at least another year. 95 is my goal – that’s next year.” Shirley explained how volunteerism came to her saying, “This all came about through my parents’ influence. I grew up in the 30’s…real hard times around here. I remember going with the American Legion Auxiliary ladies taking flour, beans and rice to families who had nothing. That was the thing you did. You took care of your town. You took care of your people. That just stayed with me to add on here. Then in the 40’s, the Lions Club and Rotary Club took over helping people who needed help.

As GIs were returning from the war, bringing brides and people were moving west, there was a lot of building and growth. In 1945, I left Guadalupe for college but came back in 1993. I figured it was time to get involved again. I spent 10 years volunteering at the Police Department which was very interesting. Then around 1999-2000, there was the Historical Society, then the Dunes Center. The library opened at its new building, and I thought that was a good spot for me. Oh, I spent 16 years on the Cemetery Board.” She cited the Rotary Club’s Motto: “Service not Self”. She joked a bit saying that she isn’t “nosey”, just well informed.

Ms. Boydstun ended her comments saying, “The City Council has a very important decision tonight.

I ask you to think of the impact on the city and the citizens. Think of the whole city…the whole group of citizens, young and old. Not be pressured by friends or promises. And thank you, all. This is an honor…I really didn’t expect this…and especially, all of you involved. Thank you.”

6. COMMUNITY PARTICIPATION FORUM
George Alvarez: “I have some concerns. I’m a long-time resident. I’ve seen minimal good and bad.

There’s a lack of concern on the Council’s part. In front of Treasure Park…it’s an eyesore. Weed abatement? Is the staff so busy that can’t be done? Street sweeper. Haven’t seen the sweeper in weeks. I called Public Works to come and pick up a bag I had filled with dirt. Four (4) weeks have passed. Nobody has come to pick it up. In one year, we’ll have a review of Waste Management’s agreement. A 10-year agreement. City Council bailed out with the 10-year agreement and a 10- year street sweeper. This is coming up in July. Give residents a fair shake. Look at other companies for fair competition.”
Frances Romero: “All the proclamations were well done. I’m here for Shirley Boydstun. In 1997, there was a Treasure Sale. That was the catalyst to buy a home here. My husband was a Reserve Police Officer and later became full-time.” She also made some other general comments: “The 4th of July project will be here again. I commend putting in a sign ordinance. John Perry: very welcoming; his store was a museum. The art that’s on loan to the City has been here a long time and has moved around. Might be time to let it go. Thank you for what you’re doing. Items #13 and #14 are worthy of having all City council members here. Wait until they’re all here for a vote.” April 26, 2022 City of Guadalupe Council Meeting MINUTES Page 4 of 24 Fernando Garcia: “…My name is Fernando Garcia, born and raised here in Guadalupe where I still live with my family. I am a member of the GFD (Guadalupe Fire Department) for nearly 30 years.

The reason I am here today is to speak about GFD leadership and how there has been misinformation about GFD and its members. You have been told strike teams do not make money, when, in fact, they do make money. You have been told that GFD members take advantage of overtime. How is this even possible? Our work schedule is a fire department work schedule providing service to the community 24/7. This schedule has been the same for nearly 15 years ow. GFD members take days off and those days need to be filled by qualified full-time members. All overtime is approved. There is not on GFD member that has worked overtime that was not approved. When the GFD Engineers were hired, funds were not properly budgeted as well as when the GFD MOU was agreed on. GFD is the lowest paid fire department within several surrounding counties. It has been implied that we could lose our jobs and have unqualified volunteer PCFs (Paid-Call Firefighters) take our positions.

This would be unacceptable to our citizens. All of this and more can be explained by a Fire Chief who knows and understands the Fire Department all that comes with it.

We have been negotiating our MOU for nearly a year now and it appears the last proposal given to us came from the Public Safety Director via the negotiation team from the City. This council has stated ‘we have great employees here and we need to do what we can to keep them here and not have them go to other cities.’ We totally agree with your comments, and we hope to have fair and honest negotiations. As we all know, inflation is at its highest in years and cutting for our already lowest salaries will be detrimental to us and our families.

In my time here, GFD has only had 3 Fire Chiefs, Hank Lawrence, Carmon Johnson, and Jack Owens.

In the last several years, we’ve had a Police Chief manage the department with no fire experience at all. This is not safe and practical. Can you ask yourself this: Why are plumbers not hired to be architects? Why are mechanics not hired to be dentists? Why? Because they’re not qualified and don’t understand the trade. There is no difference here. This is not personal but necessary for the department to grow and provide better service for the citizens that we serve. Thank you for your time and, as always, if you have any questions, please feel free to contact me.” Rex Pritchard: “I am the 2nd District Vice-President for the California Professional Fighters which has 33,000 professional firefighters. I am imploring you to support your firefighters. The Police Chief said he’d take to a volunteer fire department. Public safety…your residents deserve response with professional firefighters. Make a policy decision that you will keep a professional fire department – not a volunteer department. It’s incumbent upon the City Council to give direction to staff to take a stance in front of residents to keep a professional fire department and having a Fire Chief who understands fire issues.”
Sean McMahan: “I’m the Union President, Local #4403, Five Cities Firefighters. Fifteen (15) years ago, Five Cities went career because a volunteer system doesn’t work. An all-risk fire department. I April 26, 2022 City of Guadalupe Council Meeting MINUTES Page 5 of 24 respect volunteers, but you’re growing. You’re talking about getting rid of emergency medical services. That’s bad and will affect everyone in this town.” Ryan Mack: “Since 2018 Public Safety Director, Michael Cash, was hired as a cost saving measure by the Guadalupe City Council in lieu of hiring a real Fire Chief. Since then, the Fire Department personnel numbers have been declining as well as morale. The director has proven unable to manage both the Police and Fire Departments and blames us, the Firefighters for his budget issues and lack of revenue despite being a public service. Under this leadership staff has been subject to department-wide investigations as retaliation for defying his objectives. Actions include suspension from work simply for calling in sick, or disciplines for simple accidents like running over a traffic cone.

It has become readily clear that, with the help of Human Resources Director, Emiko Gerber, his true intention is to dismantle the Fire Department, one employee at a time. His actions have left every staff member subject to micromanagement, training is nearly non-existent, administrative leaves, harassment, retaliation, and the firefighters living in a hostile work environment.

Here are six highlights of our argument:

1. The Director hired his personal mentee for a position that did not need to exist and could have been completed by a qualified Fire Chief.

2. Complicit with breaking of HIPPA regulations.

3. Handed out unfounded disciplines/punishments to Fire Department and Police staff in an attempt to discredit and pacify anyone who would question his tactics.

4. Has secretly been orchestrating the dissolution of the Fire Department including MOU consultation in order to undermine his Fire employees and their salaries.

5. Misrepresented the department regarding strike teams making money to the City Council, despite reports/revenues brought in that prove otherwise.

6. Denied training to entire department, free or not, stating, ‘Training is a reward for good behavior, not a right.’
Due to these reasons, the Firefighters of the City of Guadalupe Fire Department vote NO in Confidence for PSD Michael Cash, and humbly request a qualified replacement to run the Fire Department. The public deserves a Fire Department and a real Fire Chief.”

7. 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 April 18, 2022.

April 26, 2022 City of Guadalupe Council Meeting MINUTES Page 6 of 24 C. Approve the Minutes of the City Council Regular Meeting of April 12, 2022, to be ordered filed.

D. Adopt Resolution No. 2022-31 extending the Santa Maria Organization of Transportation Helpers Inc. (SMOOTH) transit contract one additional year, with a rate adjustment of 7.5%, and amend the original agreement for transit services to incorporate new operating criteria per the City of Guadalupe Short-Range Transit Plan (SRTP).

E. Acceptance of City of Guadalupe Transportation Development Act (TDA) fund and Transit fund financial statements for fiscal years ended 2021 and 2020 with Independent Audit Report.

F. Accept the Third Quarter 2022 Financial Report.

G. MONTHLY REPORTS FROM DEPARTMENT HEADS

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

2. Human Resources report for March 2022

3. Recreation and Parks report for March 2022

4. Los Amigos de Guadalupe Update

5. City Treasurer’s report for March 2022
No items were pulled. Motion was made by Council Member Cardenas and seconded by Council Member Robles to approve the Consent Calendar. 3-0 Absent: Ramirez and Costa, Jr. Motion passed.

8. CITY ADMINISTRATOR REPORT: (Information Only)
Mr. Bodem said, “We’re going to mow the weeds by Treasure Park and Main Street. We have a contract to do that. Striping will also happen.” CM Robles asked, “Will that be on Main Street?” Ms. Shannon Sweeney said, “Yes, the proposal is to mow the weeds. Striping will go in our 2022 Pavement Rehabilitation project of Obispo Street. Striping will be done. It’s too big a job for our staff. Also, on June 13th, construction is scheduled to begin on the W. Main Street waterline, which is an upgrade of a 4-inch water main on West Main Street from Guadalupe to Pioneer Street to 12- inch.”

9. DIRECTOR OF PUBLIC SAFETY REPORT: (Information Only) The Fire Department has issued a second notice, a warning, to a homeowner to cut down the weeds in their yard. Code Compliance has also been notified.

April 26, 2022 City of Guadalupe Council Meeting MINUTES Page 7 of 24 There was a hostage situation by O’Connell Park involving a 7-hour standoff. A command post was set up at McKenzie. Santa Maria Police and the Sheriff’s Department were called in to assist. City of Guadalupe had command of the situation. A community notification was sent out. Suspect was taken into custody and had undergone a medical evaluation. The Police Department is working with the family to make sure they’re whole.

10. MAYOR’S REPORT- UPDATES
Prior to addressing the Mayor’s Report, Mayor Julian said, “Although a motion had already been made and approved, I want to go back to the Consent Calendar, Item #7. G. Los Amigos de Guadalupe. Is there someone here from Los Amigos who wants to speak on anything?” Ms.

Alejandra Medina was present and said, “Los Amigos has started ‘Coffee for Seniors’ at the Senior Center. We received $1.7M for Phase II at Le Roy Park. On June 12th, there will be a re-opening of Le Roy Park beginning at 1:00 p.m. with a barbecue served at 2:00 p.m. Tom Brandeberry will be here for that. But I am now handling the day-to-day as Executive Director. Tom will exit in June.” The mayor commented that there are various groups, such as the Boys & Girls Club, Allan Hancock College, who are looking to use the Community Center at Le Roy Park. He said that they are going through agreements with these groups.

PUBLIC HEARING

11. Public Hearing to consider 2022-023-PA, a use determination for Childcare Facilities within the General Commercial (G-C) Zone District.

Written report: Larry Appel, Contract Planning Director Recommendation: That the City Council:
a. Receive a presentation from staff; and
b. Conduct a public hearing, including: 1) an opportunity for the applicant to speak, 2) receive any comments from the public.

Mr. Appel briefly explained that a request was made for a zoning determination for a childcare (child center) facility. The existing zoning ordinance is nearly silent regarding childcare. The zoning ordinance only identifies small family facilities that allow less than six or 7-12 per facility within a family home. Staff believes that the zoning ordinance should be flexible and allow large childcare facilities within the City. The recommendation is for the City Council to find that large commercial childcare facilities in the General Commercial (G-C) district are similar in use and consistent with the purpose of the zoning district, provided the facility is approved with a conditional use permit (CUP).

At this point, Mr. Appel introduced Ms. Elizabeth Dawson, CEO of Casa dei Bambini, Inc., a business that has provided childcare in Santa Maria. Ms. Dawson explained, “For the past 14 years I have provided childcare, first starting in my home on Spear Street. We then moved to a Lutheran church in its educational building. Right now, there’s a waiting list. Our childcare center is Montessori inspired. It’s outdoor classrooms…dual immersion, English & Spanish.” April 26, 2022 City of Guadalupe Council Meeting MINUTES Page 8 of 24 Ms. Dawson went on to say, “In 2019 we applied for state funding and received an award, appropriate for infants and toddlers. There are 7,500 childcare deficits documented. We’ve received 116 additional slots, and we’re looking at 80 of those slots for Guadalupe. This would be for middle income families. A family of four would have a co-pay of $500 per month. The monthly costs could be anywhere from $1400 to $2700. We have to be operational by July 1st. COVID has backed us up a bit. I have been in contact with Mari at the school district.” The mayor questioned “teacher to child ratio”. Ms. Dawson said that for infants, it’s 1 to 3; for 12 mos.-18 mos., it’s 1 to 4, and for ages 2-3 years, the ratio is 1 to 6. She also mentioned that the property in question is located at 4575 10th Street.

CM Cardenas asked, “This childcare is targeted toward middle class families?” Ms. Dawson said, “Yes, a family of four with an income of $32,000 would get free childcare. CM Cardenas asked what the operational hours would be. Ms. Dawson said that in Santa Maria, their hours are 6:45 a.m. to 5:30 p.m. Here in Guadalupe, she’s looking at 6:00 a.m. to 6:00 p.m.

The mayor asked what the capacity is. Ms. Dawson said, “We’re hoping for 75 children, but there’d be a maximum of 80 children.” CM Robles asked if there are currently rooms available at that location. Ms. Dawson said, “There is a yoga studio that could be used for 2–3-year-olds. Some walls need to be taken down but there won’t be a lot of extensive work needed.” Mayor Julian asked about a play area. Ms. Dawson said that would be in the middle courtyard area.

Public Hearing opened at 7:19 p.m. and closed at 7:20 p.m. CM Cardenas asked what type of advertising was being used. Ms. Dawson said that she’s using their Facebook page, school district, flyers, their website, “santamariapreschool.com”, etc. CM Cardenas gave her some suggestions, such as the “Little House at the Park” being a good means of advertising.

Motion was made by Council Member Cardenas and seconded by Mayor Julian to agree with the recommendation to find that the large commercial childcare facilities in the General Commercial (G-C) district are similar in use and consistent with the purpose of the zoning district, provided the facility is approved with a conditional use permit (CUP). 3-0 Absent: Ramirez and Costa, Jr.

Motion passed.

12. Public Hearing, introduction and first reading of Ordinance No. 2022-500 to repeal the existing sign ordinance (Sections 18.52.140-18.52.160) and add Chapter 18.51 (Signs).

Written report: Larry Appel, Contract Planning Director Recommendation: That the City Council:
a) Receive a presentation from staff; and
b) Conduct a public hearing and introduce by title only and waive first reading of Ordinance No. 2022-500 deleting Section 18.52.140-18.52.160 and adding Chapter 18.51 of the Municipal Code; and
c) Continue to May 10, 2022 for second reading and adoption.

April 26, 2022 City of Guadalupe Council Meeting MINUTES Page 9 of 24 Mr. Appel gave some background on the current sign ordinance. He said, “The current sign ordinance has been in use since 1980 with one amendment only in 2016. It’s been hard to explain to a developer why they can or can’t do something when it comes to signs. There’s nothing specific in the ordinance now. No definitions identifying types of signs and no list of prohibited signs. If these changes to the ordinance are adopted, it will make things a lot easier for staff. People Self-Help and the County Housing Authority had to come to a City Council meeting for approval. About 95% under the new program will be approved by City staff.”
Mr. Appel then talked about the current vs. revised language in the ordinance. There are 40 definitions to show what’s approvable. He went through the General Requirements section of the ordinance, citing that most signs could be approved at the Director or staff level with a Zoning Clearance for Signs application. He then went on talking about “Sign Standards”. He mentioned temporary signs and banners, especially political signs. Those signs, he said, stay up from June through the November election. Temporary signs would be those that have 2–30-day segments to have sign/banner up. Mr. Appel said, “I failed to put in the ordinance that for political banners, there is no fee. We just want to know where those signs/banners will be posted.” The next segment he talked about was “Administration”. Mr. Appel said, “Application fees are $135 for a minor sign and a $600 deposit for a major sign. The applicant will receive a written decision approving or denying the application within 30 calendar days of the complete application date. ‘Findings’ have been added which allows the Director or staff to approve (or deny) more than one sign. They include: 2) comply with development standards; b) compatible with building structure; c) consistent with General Plan and Muni Code, and d) the proposed design, character to enhance the City’s appearance.”
Mr. Appel then went on to discuss four (4) sections that would help staff enforce the ordinance: 1) Hazardous Signs; 2) Construction of Signs; 3) Nonconforming Signs, and 4) Exempt Signs. The City Council will decide the duration of a sign. Mr. Appel suggested about five (5) years. If it goes beyond that timeframe, an Administrative Use Permit (AUP) would be needed. Exempt Signs, like flags, devises that are erected by a public/government agency, posted by law or government rule.

Prohibited Signs: Best recommendation is that if they are allowed, they can be proliferated in the community. The most significant of these signs include pole signs, roof signs, bow/feather signs and sandwich board signs. In small store fronts, 30’ could be 30 square feet of signage. Mr. Appel stated that this draft ordinance allows for painted advertising signs where the business name is designed into the sign. He did recommend that the City Council come back and consider a mural committee that would approve or deny with recommendation to the City Council for final approval.

Three (3) things to consider: 1) Getting agreement on prohibited signs; 2) Sunset clause – now 5 years, and 3) Direction on mural ordinance.

April 26, 2022 City of Guadalupe Council Meeting MINUTES Page 10 of 24 In an email dated 4/20/22 from the GBA (Guadalupe Business Association), 1) vinyl-ok (usually for temporary banner…); 2) vintage signs (projected signs – ok), and 3) grace period for non-conforming – ok.

City Attorney Sinco added, “Larry is correct. Change is required in Ordinance 18.51.07, Section A.5. on zoning clearance. Delete ‘and accompanied by the required fee established by City Council resolution (if any).’”
Mr. Appel then said, “The ordinance has to apply to all signs. Can’t discriminate. Content neutral.” Public Hearing Opened at 7:44 p.m. An individual spoke on a subject unrelated to this sign ordinance. Comments were made on residential areas on Guadalupe Street and being ticketed for parking on the street when residents don’t have garages. Chief Cash stated that at the next City Council meeting he would address this issue. Public Hearing Closed at 7:45 p.m.

CM Cardenas asked, “Prohibited signs. Do those have any grace period or is there an automatic refusal?” City Attorney Sinco answered, “Immediately…illegal. Nonconforming signs are different.

At least 45 days’ notice.”
Mayor Julian said, “Murals. We need to establish a system of approval.” CM Robles then said, “Location and content of murals. For a committee?” Mr. Appel said, “Get GBA, public input, etc.” CM Cardenas also agreed there should be some committee for murals.

The mayor asked, “No vinyls?” CM Cardenas asked, “Vinyl? Like the sign at the meat market?” Mr.

Appel said, “Vinyl signs are temporary. They’d qualify for a temporary permit but would be taken down for something permanent.”
City Attorney Sinco added, “We’ll get complaints from businesses. They’ll say that it’s expensive for signs. We could consider some provision for businesses that are brand new, beyond the four (4) months now. Maybe could expand to six (6) months as a suggestion.

Mayor Julian said, “Sunset? Okay for five (5) years.” CM Cardenas said, “No for sandwich boards and bow/feather signs?” Mr. Appel then said, “Cal Trans could come by and take those bow/feather signs for public safety. Maximum of 25% of window space covered with signage. We’ll work with Code Compliance and go shop-by-shop.”
CM Cardenas said that education is needed to inform our businesses. Mr. Appel said, “In Santa Maria, Code Compliance, we went to businesses by quadrants and talked about signage, compliance – highlight sections from the ordinance.” CM Cardenas said that this could be discussed during any of GBA’s meetings and during the micro-enterprise classes for outlets.” City Attorney Sinco summarized, “18.51.05, Standards by Sign Type D. Temporary Sign/Banner 4.

Permitted Time – 12 months within display. Temporary zoning clearance for signs may be renewed… April 26, 2022 City of Guadalupe Council Meeting MINUTES Page 11 of 24 ‘may be obtained for new businesses to allow temporary sign to be used longer providing business license is approved.’ Also, for temporary signs, six (6) months to get own business sign; wouldn’t want to go longer. (City Council agreed.) The second reading will include these additions/changes plus the no fees strike out.” CM Robles said, “There’s a lot to do. I have no problem with the first reading here.”
Motion was made by Council Member Cardenas and seconded by Council Member Robles to accept first reading with strike out on 18.51.07 and addition of six (6) months for new businesses to have temporary signs. Roll Call: Ayes: 3 Noes: 0 Absent: Ramirez and Costa, Jr. Motion passed.

REGULAR BUSINESS

13. Goal Setting Process.

Written report: Robert Perrault, Facilitator
Recommendation: That the City Council review the approach for the setting of goals to guide the development of the FY 2022-23 Budget and approve the report / provide staff and the facilitator with direction.

Mr. Perrault made some brief comments regarding the process of goal setting. He said, “The staff report basically spells out the process. In previous years, goal setting process was used with some success. Goal setting provides staff with direction to complete the budget process.

Documents are living documents and should be reviewed at least quarterly. Goals should be broad but measurable. There are three (3) components: 1) major goals; 2) other important goals, and 3) goals that should be completed as resources are available.” He also said that the previous goals could be used as a base from which to start. He then gave an example of a prior goal, Economic Development and went through an implementation plan to reach a goal for that topic.

Mr. Perrault then said, “It’s typical that the City Council wants to answer all needs of the community.

But that really is not possible. Evaluate if resources are available to carry out goals. Have a community meeting…get their input into goal setting. Use social media. I’m recommending a ‘Background Workshop’ on Wednesday, May 11th, where both the Council and the community can get input from staff on the current status of the City. The public will be asked for their comments, as well. From there each council member will develop and list out 3-5 goal proposals and send to Todd Bodem and me by Friday, May 20th. Todd and I will review the lists and goals, combine goals, if similar and compile another list to be reviewed and rated by the Council at the final Goal Setting Workshop. I’d recommend that final workshop to be on Tuesday, May 31st. There we’ll have a rating scale and priorities will be shown on these proposed goals. Votes will be taken and tabulated with the results in the form of a proposed Goal Statement List returned to the Council for final review and to direct staff to schedule adoption at the next regular City Council meeting.” Mayor Julian said, “You’re really getting into the weeds…other goals. I like that. I appreciate the community participation piece. This is a great pattern to follow.” April 26, 2022 City of Guadalupe Council Meeting MINUTES Page 12 of 24 CM Cardenas said, “I really like this process. I also appreciated the interviews we had with you. I saw in the staff report a list of ‘Approved City-Wide Goals FY 19-20, FY 20-21.’ But I don’t remember that presentation.” Mr. Bodem said that those goals were never brought to the City Council for adoption. CM Cardenas added, “This will be beneficial…looking at all of our resources.” Mayor Julian then said, “This will be really good for the budget process.” Mr. Bodem asked, “Are you satisfied with the dates that Bob presented?” Mr. Perrault said, “May 11th would be the first meeting. That would be about two (2) hours.” Ms. Fuentes, Recreation Services Manager, said, “The Recreation Commission is scheduled on May 11th, but it can be moved to another date. We’ll call a special meeting on another date.” Mr. Perrault then said that the final meeting date is May 31st, a non-City Council meeting night. City Attorney Sinco added, “Technically, the Recreation Commission meeting has to happen. I have to figure out how to make this change.” No motion was required. Council gave direction to staff.

A brief break was taken prior to discussing Item #14. Meeting resumed at 8:07 p.m.

14. Selection of Second Commercial Cannabis Business Permit Applicant – Retail.

Written report: Todd Bodem, City Administrator
Recommendation: That the City Council:
a) Receive a presentation from staff;
b) Receive a presentation from the Roots Dispensary and Element 7; c) Receive public comment;
d) Select one of these two commercial cannabis business permit applicants to be awarded a CCB permit (subject to obtaining a conditional use permit first); or e) Continue deliberations on these two CCB permit applicants to a future meeting; and f) Provide direction concerning the unselected CCB permit applicants.

Mr. Bodem explained that in the April 12, 2022 City Council meeting, the Council had agreed on selection of two (2) retail cannabis stores. One retail store, Root One, was selected by the Council to continue on with the process and obtain a Conditional Use Permit (CUP). The Council decided to have two (2) of the remaining four (4) CCB applicants return to another City Council meeting presenting additional information on ‘Community Benefits’ and ‘Neighborhood Compatibility’. The two (2) CCB applicants asked to return were The Roots Dispensary and Element 7. The other two (2) CCB applicants not asked to return to another meeting were not rejected but rather were put on the backburner.

The Roots Dispensary
Luis Castenada, Director, Retail Operations, introduced: Beth Thuna, Chief Operations Officer, Atih Alkhouri, Treasurer/Security Liaison and Gustavo Alvarez, President.

Mr. Castenada gave some brief statistics about “The Roots”” April 26, 2022 City of Guadalupe Council Meeting MINUTES Page 13 of 24 • In 2021 and 2022 was voted the best cannabis company to work at • Locally owned and only woman led company in Guadalupe • Ongoing education of employees
• Multiple ID checks
• City and public safety updates
• “Be more than a business in our community”
• We have exemplary compliance; we’re charitable and care about our reputation. • Minimal improvements to existing facility – operational in 4-6 months.

Mr. Castenada said, “What’s good for the community is good for us” “Community Benefits”
• Social Impact Committee working with community leaders, partnering with organization and providing guidance and oversight for our work
• 2% of gross revenues; if there isn’t a cannabis tax, an additional 4% = 6% total • Focus on youth, economic revitalization, public services and facilities and community engagement
• Methods of contributions: 1) financial; 2) volunteer hours; 3) in-kind donations, and 4) 100% local hiring
Currently have customers from Santa Barbara and SanLuis Obispo coming to our Lompoc store.

Being another opportunity with Roots One – adds foot traffic for businesses downtown. We’ll focus on drug education.
“Neighborhood Compatabiity”.
• Proactive engagement with neighbors.
• Designated Community Relations contact/representative • Quarterly meetings and educational sessions
• Outreach through letter campaigns and meetings
• Ongoing communication with the City
• Proactive mitigation of nuisances
• $23.50 hourly rate with benefits consisting of health, vacation, sick leave • UFCW Contract
• Complaint management, including resolution of complaints within 24 hours of receipt • On-site security personnel
• Prohibition of onsite consumption and loitering
• Constant monitoring of noise and traffic
• Employee involvement in community activities/events
April 26, 2022 City of Guadalupe Council Meeting MINUTES Page 14 of 24 Mr. Joe Armendariz spoke next. He said, “There are economic needs in Guadalupe. About 20% of the population is below the poverty level. Less than 20% have graduated high school. Median income is $64,000. Over 50% of families have 4+ people. Two key focuses: 1) investing in college; partnering with Allan Hancock College with the Promise Program – 250 youths from Guadalupe; 25% earned more with higher education, and 2) help lower income families with the tax credit; social justice; federal benefits - $100,000+ which will have a profound impact on the Guadalupe community.”
CM Cardenas asked, “Are the two (2) programs direct, in-kind?” Mr. Armendariz said, “Direct financial donations. Part of the 2% donations.” CM Robles then said, “2% of gross revenues” CM Cardenas said, “Location? 873 Guadalupe Street – Challenger Harvest old location? Or is it 813 Guadalupe Street?” Mr. Armendariz said, “813 Guadalupe Street.” Element 7
Josh Black, Chief Marketing Officer, introduced Amber Norwood, Chief Compliance Officer, Greg Moreno, Head of Community Outreach and Engagement, and Lupe Alvarez, Co-Founder and Owner.

Mr. Black explained that they began the process in 2018 with an educational packet of about 12 pages showing ‘How to Approach Cannabis in Guadalupe’ which they left with the Building Department.

Community Benefits: “Our business model is a community benefit” • Education focused
• Single vehicle for distribution
• 4% of gross receipts ($1.3M over 5 years in lieu of a tax) • Location is turn-key site, ADA restroom – could be operational in eight (8) months with local permits and state licensing
• Age group breakout – 43% of customers re 40+ years
• $19.50 hourly wage rate
• UFCW contract
Neighborhood Compatibility: Divided into two policies
• Good Neighbor Policy:
- Quarterly visits to all neighbor businesses and residents - Email database with newsletter
- Community Relations Manager (Greg Moreno)
- Bi-Annual outreach events (forums)
- Quarterly city reports
- Youth mitigation policies
April 26, 2022 City of Guadalupe Council Meeting MINUTES Page 15 of 24 • Risk Mitigation Policy:
-Emergency response: 24-hour resolution
-Open Door Policy with law enforcement and City officials -Noise/lighting management plans
-Traffic and parking management plans
Odor control and waste management reduction plan
Ms. Norwood spoke saying, “100% of the hiring will be from the local community. $19.50 hourly starting wage. We promote from within with continuous learning benefits. All employees are required to perform 20 hours of community service.” Mr. Moreno interjected, “That’s a good fit to work with the football team here, the Food Bank and other non-profits they can engage with.” Mr. Alvarez then spoke. He said, “Seems you need more information on myself. I was 10 years as Mayor. I raised half a million dollars for the church parish improvement committee. Helped fixing up the Senior Center. Applied for grants. Pro bono. Worked with Tom Brandeberry and the Housing Authority. Food Bank-I’m there 70-80% of the time. I’ve donated over $24,000 in stipends to the Boys & Girls club. Cleaned up graffiti all over town. Helped improve Guadalupe’s image. Served with Mayor Julian and make improvements in the community. I was the first chair from Guadalupe for SBCAG. I care about the community; I give 100% to help families – give money for what they need. Element 7 is the optimal choice with a local voice in the community. We’re not corporate cannabis; we’re local…we don’t sell licenses.”
CM Cardenas asked about the response team. Mr. Black said that that would be Greg Moreno and Lupe Alvarez.

CM Robles asked about Element 7 other locations. Mr. Black said, “Fort Bragg, South San Francisco, Rio Dell, Pt. Hueneme. We’ll open six (6) more retail stores in Chula Vista, Willets, Mendota and West Hollywood. We’ll have a total of 11 sites.”
The meeting was then turned over to the 10 who requested to speak.

Alex Orozco
I’m a member of The Roots Dispensary and a member of the community. We’re here for longevity and stability. Gross receipts = support tax ordinance (5%-10% industry standard). We have a proven track record. Element 7 said 4% in lieu of tax. Not here to buy licenses. There are no legal issues.

We know what it is to succeed. Not everyone succeeds in underprivileged communities. We bring in products that fit our budget. We deliver to other cities. We bring stability to the community.

Thomas Caserez
April 26, 2022 City of Guadalupe Council Meeting MINUTES Page 16 of 24 I’m a member of The Roots Dispensary in Lompoc. This is the best choice because of the opportunities. In 2019, I was a budmeister. Now I’m a general manager in Lompoc. Promotions from within. Roots Dispensary can bring pride to Guadalupe. I’m proud to work at the Roots Dispensary. It’s ‘David taking on Goliath’.

Deek Segovia
I’m a member of Chapter 982 of the Vietnam Veterans of America (VVA). I’m here in support of Element 7. I’ve worked with them at the Food Bank, at the park and other places. That’s what I based my choice on. They’re hiring from Guadalupe. Element 7 – there’s a natural feel for us.

Chapter 982 has a roster of 200 members – aged members. They’ll make things better for our veterans having dispensaries here. They may well have better options for us – not opioids.

Junie (John) Sabedra
I’m a former City Council Member and was on the Council when Lupe (Alvarez) was mayor. Lupe’s always been an honest man. He started the Chevron donations for the Fire Department. Started the idea to get new lights for Guadalupe Street. He donates all the turkeys for the American Legion Thanksgiving dinners. I support Element 7 as they will do the best job for Guadalupe.

George Alvarez
I have a strong background against drugs and alcohol. I was on the Santa Barbara County Drug and Alcohol Board. Never liked the idea of having dispensaries. But why can’t we just have one (1) retail store? One said they’d sell license to another group. Mayor of San Luis Obispo – corruption. Money influences turn for the wrong reasons. Why didn’t we do background checks on all of them? Element 7 has a lawsuit against them. We have an ex-mayor who is part of this. It embarrasses the City.

Two (2) of the council members aren’t here. Delay the decision tonight and do more research.

Angelique Meza
I’m representing my husband now. We are Santa Maria residents. I want to express my gratitude to The Roots Dispensary. They’re a wonderful company.

Enrique Ortiz
I’m the President of the Guadalupe Bulldogs, youth football league. I’m in support of Element 7. I’m a life-long resident of Guadalupe. Residents support Element7. I’ve been working with Lupe for many years. You’ve seen what he’s done. Please consider Element 7.

Javier Solis
April 26, 2022 City of Guadalupe Council Meeting MINUTES Page 17 of 24 813 Guadalupe Street. I am a 20-year resident. The economic value can’t be understated. In 2019 I was at UC Irvine and worked in Orange County. Then at the Roots Dispensary for two (2) years and now I work elsewhere. The Roots Dispensary is a team with intimate knowledge of the community.

There’s no corporate ladder. They hire local talent. A steppingstone for their employees. I urge the City Council to select 813 Guadalupe Street.

Custodio V. Campos IV
The Roots Dispensary. I’m a student at Santa Barbara City College. The Roots Dispensary is imperative to the growth of the community. They’re looking to make changes locally. They sell from the best reputable processing companies. Good quality vs bad quality. I hope to work alongside them. It’s an up-and-coming industry. I will not stop showing my peers the benefits of this product.

Debbie Costallie
I’m from Lompoc and am here in support of The Roots Dispensary. They support youth groups.

They’re here to help build the community.

The following are emails/letters sent to the City on this item:

Victor Morales
To the City of Guadalupe: Hello, my name is Victor Morales, a Lompoc local. I lived here in Lompoc nearly all of my life and have seen all the way the cannabis industry makes its impact positively.

Starting with The Roots, specifically, has been one of the biggest role models for new coming businesses here in Lompoc. I’ve always noticed other shops following The Roots on how they set up their displays, keep track of transactions, promotions, and inventory. It’s no surprise if you ever get to see their amazing set up. I truly am greatly grateful to have such a caring shop who really does do the most for its people while building communities at the same time. The Roots truly is a local owned business who will make a difference in your town. One thing I’d love to add is their commitment to make the City of Lompoc a better city in every way.

Monte Jackson
To the City of Guadalupe: My name is Monte Jackson. I am 30 years old, and I have been a resident of Santa Barbara County all of my life. I am writing this letter in support of Luis Castaneda and The Roots Dispensary opening a branch in Guadalupe. We have worked closely together many times doing volunteer work in the community.

The Roots opened their doors September in 2019 in Lompoc and have done so much for our community in that short period of time. They weren’t only focused on their own success but rather the success of our community as a whole. They were out at local parks picking up trash, providing April 26, 2022 City of Guadalupe Council Meeting MINUTES Page 18 of 24 refreshments for local events, organizing peace gatherings, sponsoring our youth in activities, feeding the field workers and providing a place for local fundraisers.

I held several fundraisers at The Roots. Luis and all of his associates always made us feel so welcomed. Not only did they let me host fundraisers at The Roots, but they also participated to ensure the fundraisers would be successful. I reach out to Luis often to help with events or fundraisers, and he has ever hesitated to help those in need.

The Roots has been a great asset to Lompoc and the perfect representation of what a local business can contribute to a community. I think The Roots would be a great asset to the City of Guadalupe as well by creating jobs, bringing in revenue from their loyal clientele and creating a support system for Guadalupe. Thank you for your time and consideration Sincerely, Monte Jackson DeVika Stalling
As The Lompoc Valley Chambers of Commerce CEO, I am submitting this letter in strong support of The Roots Dispensary’s application to open and operate a cannabis dispensary in the Guadalupe community. Our community has been blessed by their organization, and I feel strongly that The Roots Dispensary is best suited to run this type of organization in Guadalupe.

I have seen that The Roots Dispensary’s owners & team has worked hard to consult and engage with community members in Lompoc. I have had the privilege to work with them directly on many community endeavors, the organization’s owners, and firmly believe that Mr. Castaneda and his team would be able to responsibly and successfully operate a Registered Cannabis Dispensary in your fine city. As a former School Committee member & former Director of our local Boys & girls Club, I am very impressed by their commitment for community outreach & support, educational and youth initiatives. All of which are important to me. They have worked well with local stakeholders in the public and private sector in the Lompoc community.

They have met with me and other Lompoc City officials, to ensure transparency of their organization in Lompoc and more importantly, they are willing to educate all who are impacted by the industry.

Mr. Casteneda serves on The Chamber Board of Directors as well The Economic Development Committee and has strong community ties to Lompoc and the surrounding areas. The owners live and work in the area and have “skin in the game”, especially when it comes to economic development and quality of life here.

I appreciate you taking the time to review my thoughts on their application. If you need any additional information from me, please do not hesitate to contact me. Sincerely, DeVika Stalling, President/CEO Lompoc Valley Chamber of Commerce & Visitors Bureau Vilay Saikeo
April 26, 2022 City of Guadalupe Council Meeting MINUTES Page 19 of 24 To Whom It May Concern: I am a long-time resident of Lompoc, and it is my pleasure to write and express my full support of The Roots, Guadalupe Dispensary.

I understand that there may be some concerns in the community regarding the decision to open a dispensary, but I have full confidence and support in the opening of The Roots Guadalupe because I am aware and understanding of all the opportunities The Roots will offer the community and give back to Guadalupe in so many ways.

I have personally worked alongside The Roots, as well as other local businesses, in an annual fundraiser that gives to our local Food Pantry. We have collectively raised over tens of thousands of dollars each year. This is just one of the reasons I admire Luis, and his fellow team members for their generous offers and endless blessings.

In conclusion, I hope the City Council of the City of Guadalupe looks at the bigger picture of the evolution of having a local dispensary that will allow economic growth as well as more job opportunities for the town.

I am honored and grateful for all The Roots has done and to witness and be a part the many blessings they have brought to our town in Lompoc. I feel confident they will do the most for your City of Guadalupe as well. I am excited and hopeful at the thought of The Roots Guadalupe opening in your community! I look forward to hearing about this endeavor. Thank you for your time. Sincerely, Vilay Saikeo, Owner/Founder of Savory & Sweet Eats Lompoc, CA Roberto Rodriguez
To Whom It May Concern: Guadalupe Alvarez has been a loyal supporter of the Boys & Girls Club for over 20 years. Lupe has contributed to our organization with time, talent and treasure. Lupe participated in the Kids Night Out committee which pairs a youth with a local adult for a night of mentoring. Lupe always volunteered to be the bike donor for over 50 bikes over those 20+ years. He has also supported our annual campaign; his donations have helped us keep our cost to members at a minimum over the years. Lupe has helped us serve youth and make a greater impact in the Guadalupe community. Lupe continues to support our clubs today with his time, talent and treasure.

Sincerely, Robert Rodriguez, Chief Operations & Accountability Officer The discussion then went back to the Council. Mayor Julian said, “We’ve had numerous presentations about the cannabis industry. There were binders with many documents from the five (5) retail dispensary applicants. The Council agreed that two (2) would be selected. We have decision capabilities now, even with two (2) council members out. I’d like to open this up for discussion.”
CM Robles said, “All five (5) applicants – difficult. We passed the first one which was a good decision Vote was 4-0. It’s about the best fit. I’d want to hear more from the other council members.” April 26, 2022 City of Guadalupe Council Meeting MINUTES Page 20 of 24 CM Cardenas then offered her comments saying, “It’s difficult. One is more well established. One has a track record in local communities.”
Mayor Julian said, “Chief Cash, Todd and I visited The Roots Dispensary. That’s where we met Javier Solis, an outstanding young man…all who spoke tonight. It’s a difficult decision – sets the tone for the future. The area of ‘Community Benefits’ has 500 points out of the 2500 total points. Both applicants would meet community benefits. I looked at location. One is further down Guadalupe Street. One is in the middle. ‘Blind Lady of Justice’ – what carries the most weight? Community benefit-side. Element 7 has beyond what The Roots Dispensary has. Out and about to support community - Element 7.”
CM Robles added, “Some people rose to the top and did their homework. I founded the Bulldogs in 2005. I give a lot of my time to youth and the community. When COVID hit, the Food Bank was formed 2.5 years ago. When people show up to help, to serve people. Reputation – person who you perceive what you are. Character is who you are. I select Element 7 as the second candidate.” CM Cardenas asked, “Do there have to be three (3) votes? I like both companies. I appreciate The Roots for their employee benefit package and higher wages. I go for The Roots Dispensary.” City Attorney Sinco said, “There’s not a resolution. A simple majority is needed. It’s best that CM Robles make a motion.

Motion made by Council Member Robles and seconded by Council Member Cardenas that the second retail business license go to Element 7. Roll Call: Ayes: 3 Noes: 0 Absent: Ramirez and Costa, Jr. Motion passed.

City Attorney Since then said, “There are three (3) unselected applicants. Two (2) have to get a CUP (Conditional Use Permit). Something may happen that precludes one from passing. Do you want to see the other three (3) on an eligibility list? Also, the ordinance doesn’t show a timeline. Staff want to show a timeline, so we’ll bring that back at the next meeting.”

15. Establishing the Classification and Job Description for the Engineering Technician Position within the Public Works Department.

Written report: Shannon Sweeney, Public Works Director
Recommendation: That the City Council adopt Resolution No. 2022-33 establishing the classification and job description for the Engineering Technician position within the Public Works Department.

Ms. Sweeney began by saying, “I started here about three (3) years ago. In that time, various changes have occurred: 1) there is a lot of funding for projects that are specific to capital projects; 2) we’ve updated numerous documents…capital improvement projects for wastewater, water, transit, etc., and 3) we lost two (2) long-term employees. One to retirement and the other to an internal transfer. Funds have been saved…restricted funds. By adding this new position, it will help with our succession/transition plan.”
April 26, 2022 City of Guadalupe Council Meeting MINUTES Page 21 of 24 Mayor Julian said, “I personally feel we need this position. The resolution shows funds available for new restrooms at the Amtrak train station.” Ms. Sweeney said, “Yes, there is $4.0M for affordable housing, transit. The mayor asked if the funds for restrooms could be moved to the Veterans Memorial Plaza. Ms. Sweeney said that she could research that. CM Cardenas said that the need for restrooms is at both locations. Mr. Bodem added “I support this new position. By having the Engineering Tech, it will allow time for seeking more grants.” Ms. Sweeney then said, “Affordable Housing monies…not sure about flexibility on that to have restroom at the downtown parking lot. But I can work for that in the future”.

CM Cardenas said, “Looking at the workload, this position is very much needed.” Motion was made by Council Member Cardenas and seconded by Council Member Robles to approve Resolution No. 2022-33. Roll Call: Ayes: 3 Noes: 0 Absent: Ramirez and Costa, Jr. 3-0 Motion passed.

16. Auditorium Use Application / Agreement.

Written report: Hannah Fuentes, Recreation Services Manager Recommendation: That the City Council adopt Resolution No. 2022-32 approving revisions to the Auditorium Use Application/Agreement.

Ms. Fuentes started by talking about changes to the security provisions in the agreement. She said, “The renter was required to hire their own security for their event. The City will have an RFQ and hire security guards for use at all necessary events. This was discussed with the Recreation Commission, and it was agreed that the fee for these guards would be the renter’s responsibility.” She then added, “We put additional spaces on the application for more specific details on the event itself. Like the date and time of preparation, time clean-up ends, etc. There’s also more information added for alcohol use and details, such as the ‘name of the alcohol caterer’ and specific procedures and guidelines to tighten things up. A bartender certification is around $25.00. Outside of the auditorium in the courtyard area, a canopy will be used for alcohol serving and consumption. The renter will provide the canopy or the City will provide a list of companies/stores for purchase.” CM Robles asked, “Would the area be cordoned off?” Ms. Fuentes said, “Yes, a security guard would be posted outside and at the canopy area.” The mayor mentioned that in years past, at Le Roy Park alcohol wasn’t allowed and a beer garden was established. He suggested that plastic fencing could be used to keep minors out of the alcohol area. Ms. Fuentes said, “The certified bartender would have wristbands to use. There’d also be security all around that area at three (3) stations.” Mayor Julian then said, “With the open courtyard, someone can sneak in and sit at the alcohol area.

Just a thought.” CM Robles added, “After that incident in March, whoever is on duty…determine to have Police Department touch base with the security guards.” Ms. Fuentes responded, “Chief and I April 26, 2022 City of Guadalupe Council Meeting MINUTES Page 22 of 24 have discussed this before. We would want to defer to address this at the time we update/revise the Master Fee Schedule. Chief has two (2) officers on duty. Having one of the officers walk through the event takes that officer off the streets.” CM Robles said that the Police Department is next door to the auditorium and can have an officer touch base there at the auditorium.

Mayor Julian said, “On a weekday, there was a broken window at the Historical Society. There was only one (1) police officer on duty.” CM Robles added, “Santa Maria is short right now. From Alvin Street to Preisker Park, there are two (2) officers on duty.” CM Cardenas added, “The police vehicles are right behind the building.”
City Attorney Sinco said, “We need to revisit this at another time. We need to discuss further with the Police Department…we can’t do that tonight.”
CM Cardenas referred back to the discussion of the canopy for the outside alcohol area. She asked, “For the canopy being required, is that an extra cost for the renters?” Ms. Fuentes said, “Yes, that needs to be required for the closed-in area for better monitoring of alcohol use.” The mayor said that a 10’x20’ canopy is big. CM Cardenas added that the language in the application/agreement doesn’t say who should bring the canopy…we’d want the lessee to bring. Ms. Fuentes said that we’d put out an RFQ for canopy companies.

Mayor Julian said, “If consuming alcohol, you have to have security guards but where?” Ms. Fuentes said, “At the back kitchen door and south exit from the auditorium and over by the canopy area.” CM Robles said that this could be a deterrent because of bad weather. CM Cardenas said, “I assumed the City would provide the canopy.” Ms. Fuentes then asked how to proceed.

CM Robles suggested getting an estimate on the size needed for the City to purchase and charge the renters for use. Ms. Fuentes then asked, “Do you want me to have an RFQ for canopies like for the security guards?” CM Robles suggested measuring the concrete location (basketball court). Ms.

Fuentes said she was looking at a 10’x20’ size. The mayor added, “If there’s a large gathering, there’s the bartender, supplies…that’s where the plastic fencing would come in. I’d look at covering the dispensing side, too. People won’t stay under the canopy.” CM Cardenas asked, “If the renter has own canopy, can that be used.” At this point, Fire Captain Schmitz came into the chambers and said, “There are fire code limits. With a 10’x20’ canopy, maximum 5 sq. ft. standing, that’s 40 people max.” The mayor said that with any quincinera, there are a lot of people. Ms. Fuentes said, “The security guard would be there and need to monitor all of that.” CM Cardenas said, “Private security needed for some events?” City Attorney Sinco said, “In Santa Maria, if alcohol is used, security is provided, and the renter pays. If no alcohol, security is only used for certain sizes of events.”
CM Cardenas, “Champagne…the language. Bottles can’t be brought in the auditorium?” Ms.

Fuentes said, “No glass bottles are allowed.” CM Cardenas followed up by asking, “You have to enter April 26, 2022 City of Guadalupe Council Meeting MINUTES Page 23 of 24 to get bottle of champagne?” Ms. Fuentes said that the bartender would need to monitor in the outside canopy.

Mayor Julian then asked, “On page 2 of 9, item #9 says that the renter is responsible for picking up the keys to the facility and returning same after end of event, etc.” Ms. Fuentes responded, “The application is used by different groups like non-profits.” The mayor asked what were the details that show responsibilities of non-profits. City Attorney Since answered saying, “Any non-profit would sign an MOU which sets forth certain criteria, e.g. can’t make copies of keys. They’d need some agreement, but we can take this section out of the application and develop a side agreement showing responsibilities for non-profits.”
The mayor had another question. He asked, “On page 7 of 9, item #6 says that renter won’t drive or permit to be driven nails, hooks, tacks, fasteners, etc. Scotch tape? You put scotch tape up on the walls and it peels off the paint.” At this point, City Attorney interjected saying, “We’ll continue this to another meeting. This item went through the Recreation Commission with recommendation to have City Council approve. Direction to staff is to bring back to another meeting for further discussion. No further action to be taken now.”

17. FUTURE AGENDA ITEMS
Mayor Julian requested to move the proclamation for Terry Bauer to the May 10th meeting.

Mr. Bodem asked that the “Transient Occupancy Tax” (TOT) be put on the May 24th agenda. Also, that the “Facilities/Parks Maintenance Lead” job description be moved to the June 14th meeting.

City Attorney Sinco asked that the “November 8th - Election Resolutions” be moved to May 24th.

18. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS
CM Cardenas: The playground equipment for O’Connell Park was delivered with installation planned for May. She also said that there would be a “ribbon cutting” ceremony but will talk to Ms. Sweeney when the installation is fully done.

Mayor Julian:
• Representative Salud Carbajal visited Guadalupe on April 21st. $1.7M grant was approved for Le Roy Park. Also, $2.5M was approved for Escalante Court Center. Total federal funds = $4.2M for the City of Guadalupe.
• Also on April 21st was an SBCAG meeting – 3 hours.
• On April 25th, the film, “Untold Triumphs” was shown here in the auditorium.

Approximately 80 were in attendance.
• Earth Day was celebrated at the Dunes Center on April 23rd. “Master Bonsai” was present.

April 26, 2022 City of Guadalupe Council Meeting MINUTES Page 24 of 24 • Veterans Memorial Building: Two flag poles were lowered; repainted, bolts replaced, and new flags put up. The Vietnam Veterans of American have a flag is now flying there. • Career Day was held today at McKenzie Middle School.
• On Thursday, April 28th, there is a meeting of the County Affordable Housing Task Group.

19. ADJOURNMENT TO CLOSED SESSION MEETING
The meeting is being adjourned to closed session. Item to be discussed: Conference with Legal Counsel-Existing Litigation. Subdivision (d)(1) of Government Code Section 54956.9 Name of Case:

Central Coast Water Authority, et al. v. Santa Barbara County Flood Control and Water Conservation District, et al., Superior Court of Santa Barbara County, Case No. 21CV02432 Motion was made by Council Member Cardenas and seconded by Council Member Robles to adjourn to closed session. 3-0 Absent: Ramirez and Costa, Jr. Motion passed. Meeting adjourned to closed session at 10:33 p.m.

CLOSED SESSION

20. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION Subdivision (d)(1) of Government Code Section 54956.9
Name of Case: Central Coast Water Authority, et al. v. Santa Barbara County Flood Control and Water Conservation District, et al., Superior Court of Santa Barbara County, Case No. 21CV02432

21. CLOSED SESSION ANNOUNCEMENTS
Motion was made by Council Member Cardenas and seconded by Council Member Robles to return to open session. 3-0 Absent: Ramirez and Costa, Jr. Motion Passed.

No reportable action.

22. ADJOURNMENT
Motion was made by Council Member Cardenas and seconded by Council Member Robles to adjourn. 3-0 Absent: Ramirez and Costa, Jr. Motion Passed. Meeting adjourned at 10:45 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 May 10, 2022

_______________________________ _________________________________ Prepared by: Approved by:

Shannon Sweeney Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: Federal transit funding available through Federal Transit Act (FTA) Sections 5311 and 5339
RECOMMENDATION:

That the City Council of the City of Guadalupe authorize the Public Works Director to execute applications, certifications and assurances, authorized agent forms, requests for reimbursement, and any other documents required to receive financial assistance through the US Department of Transportation (administered by the California Department of Transportation) associated with the 5311 and 5339 programs.

DISCUSSION:

The City of Guadalupe is eligible for almost $100,000 per year of operating financing through the FTA 5311 program. In addition, the City of Guadalupe is eligible to compete for capital funding for the purchase of new electric transit vehicles through the FTA 5339 program. For the City to continue to be eligible for these programs, the California Department of Transportation requires a resolution from the City of Guadalupe City Council authorizing the Public Works Director to administer these programs.

FISCAL IMPACT:

The City relies on numerous funding sources to support its public transit program. The 5311 funding is a critical funding source necessary to maintain public transit services for the community. In addition, continued work towards securing additional funding for electric transit vehicles will not only assist the City in meeting state mandated requirements for all electric transit vehicles by 2040 but also assist in improving air quality for our community.

ATTACHMENT:

1. Resolution No. 2022-34
Shannon Sweeney

RESOLUTION NO. 2022-34

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE AUTHORIZING FEDERAL FUNDING UNDER FTA SECTION 5311 (49 U.S.C.-SECTION 5311) AND/OR 5339 (49 U.S.C.-SECTION 5339) WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION WHEREAS, the US Department of Transportation is authorized to make grants to states through the Federal Transit Administration to support capital/operating assistance projects for non—urbanized public transportation systems under Section 5311 of the Federal Transit Act (FTA C 9040.1G), and Section 5339 of the Federal Transit Act (FTA C 5100.1) and
WHEREAS, the California Department of Transportation (Department) has been designated by the Governor of the State of California to administer Section 5311 and Section 5339 grants for transportation projects for the general public for the rural transit and intercity bus; and WHEREAS, the City of Guadalupe desires to apply for said financial assistance to permit operation of service/purchase of capital equipment in the County of Santa Barbara; and WHEREAS, the City of Guadalupe has, to the maximum extent feasible, coordinated with other transportation providers and users in the region (including social service agencies).

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

1. That the Public Works Director file and execute applications on behalf of the City with the Department to aid in the financing of capital/operating assistance projects pursuant to Section 5311 of the Federal Transit Act (FTA C 9040.1G), as amended, and pursuant to Section 5339 of the Federal Transit Act (FTA C 5100.1), as amended.

2. That the Public Works Director is authorized to file all certification of assurances, contracts, or agreements or any other document required by the Department.

3. That the Public Works Director is authorized to provide additional information as the Department may require in connection with the application for the Section 5311 and/or Section 5339 projects.

4. That the Public Works Director is authorized to submit and approve request for reimbursement of funds from the Department for the Section 5011 and/or Section 5339 project (s).

5. 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 10th day of May 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. 2022-34 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held May 10, 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

Agenda Item No. 7E

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of May 10, 2022
_______________________________ _________________________________ Prepared by: Approved by:

Shannon Sweeney Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: Senate Bill 1 (SB 1) Funding Project List for FY 2022-23 RECOMMENDATION:

1. Resolution No. 2022-35 to adopt a list of projects funded by Senate Bill 1 (SB 1): The Road Repair and Accountability Act.

BACKGROUND:

In April 2017, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor. The bill addressed the significant multi-modal transportation funding shortfalls statewide.

SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Guadalupe are aware of the projects proposed for funding in this community and which projects have been completed each fiscal year. The City must include a list of all projects proposed to receive funding from the Road Maintenance & Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement.

DISCUSSION:

The City uses a Pavement Management System to evaluate the condition of the pavement on local roads and provide recommended maintenance of the pavement to extend the life of the pavement in a cost effective manner. The information from this Pavement Management System is used to develop the annual pavement maintenance program. SB 1 funds are used each year to pay for the design and construction of pavement maintenance program projects.

In FY 2021-22 staff used SB 1 funds, along with other funds restricted to roads, to rehabilitate the following streets:
• Almaguer Avenue
• Montez Court
Shannon Sweeney

• Masatani Court
• Nelson Drive
• Julia Drive
• Hernandez Drive
• Camp Lane
• Sanchez Drive
• Mills Lane
• Chapman Drive
Last year’s resolution provided an estimated completion date of November 2021, at an estimated cost of $1.5 million. This project was completed in January 2022 for $980,600.

In FY 2022-23 staff proposes using SB1 funds to rehabilitate the following streets:
• Pagaling Drive
• Mahoney Lane
• Carlin Drive
• Lindy Drive
• Wong Street
• Degasparis Street
• Santa Barbara Street
• segments of Pioneer Street
• segments of 2nd Street
• segments of Olivera Street
• segments of 10th St.
• segments of 12th St.
• Alley north of 7th Street
Estimated cost of these additional projects is $2.0 million.

FINANCIAL IMPACT
As of March 31, 2022, the cash balance of all funding restricted to roads is $1.46 million. By the time this project is due for construction, adequate funding is expected to be available to proceed with the planned work. If not, work will be prioritized based on road condition, cost, and available funds.

ATTACHMENTS:

1. Resolution No. 2022-35

RESOLUTION NO. 2022-35

A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE
APPROVING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City will receive an estimated $190,244 in RMRA funding in Fiscal Year 2022-23 from SB 1; and
WHEREAS, this is the sixth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community’s project list; and
WHEREAS, the City used a Pavement Management System to develop the SB 1 project list in its 2019 Pavement Maintenance Plan to ensure revenues are being used on the most high-priority and costeffective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate eleven (11) streetsthis year and additional similar projects into the future; and
WHEREAS, the 2019 City of Guadalupe Pavement Maintenance Program Final Report found that the City’s streets and roads are generally in good condition and this revenue will help us maintain the overall quality of our road system and over the next decade will help to bring our streets and roads into an excellent condition; and
WHEREAS, the SB1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cuttingedge technology, materials and practices, will have significant positive co-benefits statewide.

ATTACHMENT 1

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

1. The foregoing recitals are true and correct.

2. The following list of proposed projects will be funded in-part with Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account revenues:

Title Description Location Project
Start
Project
Complete
Useful
Life
2022 Road Rehabilitation Pagaling Drive Complete 05/22 12/22 3-5 yrs 2022 Road Rehabilitation Mahoney Lane Complete 05/22 12/22 3-5 yrs 2022 Road Rehabilitation Carlin Drive Complete 05/22 12/22 3-5 yrs 2022 Road Rehabilitation Lindy Drive Complete 05/22 12/22 3-5 yrs 2022 Road Rehabilitation Wong Street Complete 05/22 12/22 3-5 yrs 2022 Road Rehabilitation Degasparis Street Complete 05/22 12/22 3-5 yrs 2022 Road Rehabilitation Sta Barbara Street Complete 05/22 12/22 3-5 yrs 2022 Road Rehabilitation Pioneer Street 5th to Wong 05/22 12/22 3-5 yrs 2022 Road Rehabilitation Second Street Tognazzini to
Pioneer
05/22 12/22 3-5 yrs
2022 Road Rehabilitation Olivera Street 9th to 10th 05/22 12/22 3-5 yrs 2022 Road Rehabilitation Tenth Street W/O Olivera 05/22 12/22 3-5 yrs 2022 Road Rehabilitation Twelveth Street Pecheco to Hwy 1 05/22 12/22 3-5 yrs 2022 Road Rehabilitation Alley N/O 7th Complete 05/22 12/22 3-5 yrs PASSED, APPROVED AND ADOPTED at a regular meeting on the 10th day of May 2021 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. 2022-35, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held May 10, 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

Agenda Item No. 7F

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of May 10, 2022

_______________________________ _________________________________ Prepared by: Approved by:

Shannon Sweeney Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: Adoption of a resolution approving a contract with Eikhof Design Group, Inc. (EDG) in the amount of $103,834.00 for preparation of a pavement rehabilitation report, plans and specifications, and engineer’s estimate for rehabilitation of selected streets in the City of Guadalupe.

RECOMMENDATION:

That the City Council adopt Resolution No. 2022-36 a contract with EDG in the amount of $103,834.00 for preparation of a pavement rehabilitation report, plans and specifications, and engineer’s estimate for rehabilitation of selected streets in the City of Guadalupe.

BACKGROUND:

The City of Guadalupe Pavement Maintenance Program was last updated in December 2019. That plan provided a list of pavement treatments anticipated to be needed in the next five years. Taking into account available funding, street conditions, and planned upcoming underground utility replacement, multiple neighborhoods were identified for rehabilitation in 2022-2023.

DISCUSSION:

The City developed a Request for Proposals and posted it in the local paper and issued it to four potential consultants on March 24. The City received two proposals and one “no bid” by the revised due date of April 19, 2022. Both consultants submitted outstanding proposals and have provided the City excellent service in the past.

The Pavement Maintenance Plan identified street rehabilitation needs based on a visual observation of pavement. The pavement rehabilitation report associated with this contract will use coring and deflection testing to physically test the structural integrity of the asphalt and better refine the rehabilitation treatment needed. The actual treatments may be more or less expensive than the treatments estimated based on visual observation. As a result, staff and the consultant will review the results of the pavement rehabilitation report to determine what streets will be rehabilitated based on available funding. Streets identified for evaluation include Pagaling Drive, Mahoney Lane, Carlin Drive, Shannon Sweeney

Lindy Drive, Wong Street, Degasparis Street, Santa Barbara Street, and segments of Pioneer Street, Second Street, Olivera Street, Tenth Street, Twelfth Street, and the alley north of 7th Street.

FINANCIAL IMPACT:

The FY 21 – 22 budget initially budgeted $1,511,200 for street rehabilitation. Funding left over from construction of the 2021 pavement rehabilitation project of over $200,000 is sufficient to pay for the upcoming 2022 pavement rehabilitation design services. Cash balance associated with all streets funds is $1,459,637.11 as of March 31,2022.

ATTACHMENTS:

1. Resolution No. 2022-36 contract with EDG for 2022 pavement rehabilitation design

2. Agreement with EDG

RESOLUTION NO. 2022-36

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE APPROVING AN AGREEMENT WITH EIKHOF DESIGN GROUP INC. FOR 2022 PAVEMENT

REHABILITATION DESIGN SERVICES
WHEREAS, the 2019 Pavement Maintenance Plan identified streets within City of Guadalupe in need of rehabilitation; and
WHEREAS, funds are available from a combination of gas tax revenue, SB1, Measure A, and development impact fees to perform road rehabilitation; and
WHEREAS, the City issued a request for proposals to four qualified consultants and advertised it in the local paper on March 24, 2022 and received two bids by the revised deadline of April 19, 2022; and WHEREAS, Eikhof Design Group Inc. provided the strongest proposal and has performed quality work for the City in the past.

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

SECTION 1: That the City Council of the City of Guadalupe approves entering into an agreement with Eikhof Design Group, Inc. in the amount of $103,834.00 for 2022 pavement rehabilitation project design services, a copy of which is attached to the staff report for this item, and authorizes the Mayor to sign the agreement on behalf of the City;
SECTION 2: That the City Administrator is authorized to approve payments up to 15% beyond the bid.

SECTION 3: 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 10th day of May 2022 by the following vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTACHMENT 1

I, Amelia M. Villegas City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2022-36, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held May 10, 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
City Atty Rev 8/21 1

AGREEMENT FOR CONSULTANT SERVICES

BETWEEN

THE CITY OF GUADALUPE
AND
EIKHOF DESIGN GROUP, INC.

THIS AGREEMENT FOR CONSULTANT SERVICES (the "Agreement") is made and entered into this 10 day of May, 2022, by and between the CITY OF GUADALUPE, a municipal corporation ("City") and Eikhof Design Group, 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 2
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.

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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.

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(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.

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(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.

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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:

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• 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: Eikhof Design Group, Inc.
4875 El Camino Real
Atascadero, CA 93422
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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
Exhibit A
Exhibit B

Agenda Item No. 7G

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of May 10, 2022

_______________________________________ __________________________________ Prepared by: Approved by:

Hannah Fuentes, Recreation Services Manager Todd Bodem, City Administrator SUBJECT: Request by Sam Duarte, Director of The Little House by the Park, to use the Veterans Memorial Plaza (aka Downtown Parking Lot) for a “Safe and Sane” Fireworks Sale Fundraiser.

RECOMMENDATION:

On 4/13/2022 during the regular meeting of the City of Guadalupe Recreation and Parks Commission, the Commission voted 4-0 to recommend the approval of the request by Sam Duarte for the use of the Veterans Memorial Plaza as a fireworks sale fundraiser. The motion was made by Commissioner Chair Harris and seconded by Commissioner Salinas. Commissioner Ortiz was absent for this recommendation.

DISCUSSION:

On 4/11/2022 the City Recreation Department had received a Special Events facility use rental application requesting the use of the City-owned Veterans Memorial Plaza (Downtown Parking Lot) for a Fourth of July Fireworks booth fundraiser for their organization.

1. The Little House by the Park will be hosting this fundraising/fireworks sale(s) event from 6/29/2022 through 7/4/2022. (Times: 8am – 9pm, 6/29 & 6/30; 8am – 11pm, 7/1 thru 7/4.)

2. The City of Guadalupe Public Safety Director and Recreation Services Manager have reviewed the Application, calculated all fees and tentatively approved the application event pending the final application approval by the City Council.

ATTACHMENTS:

1. Special Events Application tentatively approved by the City of Guadalupe, Public Safety Director, Michael Cash, and Recreation Services Manager, Hannah Fuentes.

2. Facilities Use Application
Hannah Fuentes

Agenda Item No. 7H

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of May 10, 2022

________________________________ __________________________________ Prepared by: Approved by:

Larry Appel, Contract Planning Director Todd Bodem, City Administrator SUBJECT: Second reading and adoption of Ordinance No. 2022-500 to repeal the existing sign ordinance (Sections 18.52.140-18.52.160) and add Chapter 18.51 (Signs).

RECOMMENDATION:

It is recommended that the City Council conduct the second reading and adopt Ordinance No. 2022- 500 to repeal the existing sign ordinance (Sections 18.52.140-18.52.160) and add Chapter 18.51 (Signs).

BACKGROUND:

On April 26, 2022, the City Council heard a presentation from the Planning Director on the proposed sign ordinance. Several questions were asked from the three Councilmembers present and a letter from the Guadalupe Business Association was summarized by the Director. No members of the public spoke on the item. Staff presented a summary of the various sections of the draft ordinance. It was explained that the ordinance would make processing much easier for staff since there would now be a clear permit path to follow. It was also mentioned that almost all of the signs could be permitted at a staff level so that the applicant wouldn’t have to pay for a City Council conditional use permit which would be more costly and take much more time.

Minor changes were discussed, including a clarification that temporary signs would not require a processing fee. Council also agreed to a five-year sunset clause for non-conforming signs. These changes are indicated in the attached ordinance (Attachment 1) provided for illustration purposes only. The specific sections of the ordinance that were changed at the direction of Council were: Section

18.51.05.D.4; Section 18.51.05.D.9; and Section 18.51.07.A.5. These changes were made to the ordinance prior to its first reading and introduction.

At the conclusion of the hearing, Council conducted the first reading and introduction of the ordinance, including the minor changes mentioned above, and continued the item to May 10, 2022 for second reading and adoption.

DISCUSSION:

In addition to these changes, minor clerical changes were made to the ordinance as well (e.g., typographical errors) which were discovered after the Council meeting on April 26, 2022. These clerical changes are also indicated in Attachment 1. These minor clerical changes were made to the ordinance Larry Appel

after the first reading and introduction of the ordinance as permitted by Government Code section 36934 (which permits minor clerical corrections to an ordinance after introduction without the need for the ordinance to be re-introduced), and also, based on the authority granted by the City Council in Section 5 of the ordinance which provides:

SECTION 5: 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.

The final “clean” version of the ordinance to be adopted by the Council is attached as Attachment 2.

At the hearing on April 26, 2022, Staff was directed to come back at a later date after developing a draft mural ordinance. The plan would be to circulate it to the public as well as the Guadalupe Business Association for initial comments.

After the meeting, staff contacted the two absent councilmembers to see if they had any concerns about the ordinance that might not have been addressed during the first reading. Based on the comments received, no changes have been made to the ordinance.

FISCAL IMPACT:

Minor reduction in revenues due to the need to update the City’s fee schedule. The larger processing fee (deposit) could only be charged if the sign is approved at the Council level. The new ordinance has all the processing done at the Director or staff level which has been changed to be more efficient. At the same time, it limits staff in its ability to charge for the actual cost of reviewing and permitting new signs.

CONCLUSION:

This ordinance will go into effect thirty days after the second reading. Staff will work with the Code Compliance staff to develop a program to contact owners of signs that might not be in compliance with the new ordinance and identify ways to bring the signs into compliance.

ENVIRONMENTAL REVIEW:

This ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA Guidelines, and has been found to be exempt pursuant to Section 15306 of the CEQA Guidelines (information collection) because it does not have the potential to create a physical environmental effect.

ATTACHMENT:

1. “Redlined” Ordinance No. 2022-500 (for illustrative purposes only)

2. Ordinance No. 2022-500
ORDINANCE NO. 2022-500

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA, TO REPEAL THE EXISTING SIGN ORDINANCE (SECTION 18.52.140 – 18.52.160) AND AMEND THE GUADALUPE MUNICIPAL CODE BY ADDING CHAPTER 18.51 REGARDING SIGNS The City Council of the City of Guadalupe, State of California, does ordain as follows:

WHEREAS, the State Planning and Zoning Law authorizes the legislative body of a city or county to regulate, among other things, the General Plan and implementation of the Plan through the administration of the zoning ordinance among other documents (Government Code Sec. 65103 (b)); and
WHEREAS, the City Council recognizes that the City’s zoning ordinance was adopted in February 1980, over 42 years ago, and that except for several amendments and additions over the past few years, many sections of the ordinance are outdated, internally inconsistent, and do not reflect mandatory State regulations that have been enacted over the years; and WHEREAS, staff is systematically reviewing and amending the zoning ordinance to ensure that the final version reflects the desire of City Council to provide the most accurate document to describe and regulate development within the City; and WHEREAS, public notice pursuant to Government Code section 65090 was given on or about April 15, 2022; and
WHEREAS, the City Council considered the draft sign ordinance at a noticed public hearing and took action to approve the first reading and introduction of the ordinance on April 26, 2022.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GUADALUPE DOES ORDAIN AS FOLLOWS:

SECTION 1. Sections 18.52.140 – 18.52.160 of the Guadalupe Municipal Code are hereby repealed in their entirety:

SECTION 2. Chapter 18.51 of the Guadalupe Municipal Code is hereby added to read as follows:

CHAPTER 18.51 SIGNS
Section 18.51.01. Purpose.

The purpose of this Chapter is to regulate signs located on private property within the City and on property owned by public agencies other than the City and over which the City has zoning and land use regulatory power.

ATTACHMENT 1
Section 18.51.02 Objectives.

Signs can have either a positive or negative impact on the character and quality of the City.

As a prominent part of the scenery, they attract or repel the viewing public, affect the safety of vehicular traffic, and set the tone of a neighborhood and the City. The objectives of this Chapter include the following:

A. To implement the City’s community design and safety standards as set forth in the City’s General Plan, and Municipal Code.

B. To maintain and enhance the City’s appearance by regulating the design, character, location, number, type, size, illumination, and maintenance of signs.

C. To serve the City’s interests in maintaining and enhancing its visual appeal for residents, tourists, and other visitors, by preventing the degradation of visual quality which can result from excessive and poorly designed, located, or maintained signage.

D. To generally limit signage to on-site locations in order to protect the aesthetic environment from the visual clutter associated with the unrestricted proliferation of signs.

E. To limit the size, number, and construction of signs to levels that reasonably allow for the free communication of ideas, consistent with the other purposes of this ordinance.

F. To encourage signs that are appropriate to the zoning district in which they are located and consistent with the permitted and conditional uses applied to the subject property.

G. To establish sizes of signs in relationship to the scale of the lot and building on which the signs are to be placed or to which they pertain.

H. To minimize the possible adverse effects of signs on nearby public and private property, including streets, sidewalks, roads, and highways.

I. To protect and improve pedestrian and vehicular safety by balancing the need for signs that facilitate the safe and smooth flow of traffic (e.g., directional signs and on-site signs) without an excess of signage which may distract drivers or overload the mental capacity to quickly receive and interpret information.

J. To reduce hazardous situations, confusion, and visual clutter caused by the proliferation, placement, illumination, animation and excessive height, and area and bulk of signs which compete for the attention of pedestrians and motorists.

K. To respect and protect the right of free speech by sign display, while reasonably regulating the structural, locational, and other non-communicative aspects of signs, generally for the public health, safety, and welfare, and specifically to serve the public interests in community aesthetics, traffic, and pedestrian safety.

L. To enable the fair, consistent, and effective enforcement of the sign regulations of the City.

Section 18.51.03. Definitions.

The definitions listed below supplement those set forth in Chapter 18.08 with Illustration A and B (located in the Appendix at the end of this Chapter) depicting examples of certain types of signs:

A. Balloon or Blimp: An airtight bag, possibly rigid or semi-rigid, which will rise and float above the earth when filled with hot air or gas.

B. Banner: A type of temporary sign made of paper, cloth, flexible plastic or similar material.

C. Bow/Feather Sign: Any variety of fabric signs as shown in Illustration A, commonly called but not limited to bow, feather, tear drop, etc. that display a message, supported by a horizontal or vertical pole of various lengths.

D. Bulletin Board: A permanently constructed sign containing a surface area that may have interchangeable letters, words, or numerals.

E. Building Face: The exterior surface of any building, regardless of frontage.

F. Building Occupancy Frontage: The length of that portion of a building occupied exclusively by an individual tenant or owner which faces the public right-of-way.

G. Building Official: A title recognized by the City of Guadalupe and the International Code Council (ICC) responsible for interpretation, effectuation and enforcement of the California Building Codes, including, but not limited to, the International Building Code (IBC).

H. Canopy/Awning Sign: A sign mounted or painted on a canopy or awning.

I. Commercial Sign: Any sign, wording, logo, picture, transparency, mechanical device, or other representation that is intended to attract attention to a commercial or industrial business, occupancy, product, goods, service, or other commercial or industrial activity for a commercial or industrial purpose.

J. Construction Project or Subdivision Sign: A sign erected in conjunction with a construction project.

K. Directional Structure: A noncommercial, on-site structure, the purpose of which is to facilitate safe vehicular or pedestrian travel by directing pedestrians or vehicles to specific onsite locations, such as parking spaces, special drive-up or walk-up services, exits, and public restrooms.

L. Director: The Planning Director of the City.

M. Directory Sign: A wall or monument sign that may list the names of businesses in an office or retail complex and the corresponding building, suite or room number/letter. In multifamily residential areas, the sign can be used for identifying apartment buildings and unit numbers.

N. Freestanding Sign: A sign not attached to a building that is constructed upon, or affixed to, the ground by means of two or more columns or similar structural components.

O. Height of Sign, Maximum: The distance from the lowest adjacent finish grade within three feet of the base of the sign to the top of its highest element.

P. Illuminated Sign - External: A sign which is illuminated by use of lighting from a source outside of the sign.

Q. Illuminated Sign - Internal: A sign which is illuminated by use of lighting installed inside the sign.

R. Institution: All governmental, religious, and charitable organizations.

S. Master Sign Plan: A plan outlining the design, location, size, number, materials, and construction of sign structures for any multi-tenant or multi-building site in order to ensure continuity of design within the project and to provide for equitable distribution between tenants of allowable sign area.

T. Memorial Signs or Tablets: Signs or tablets cut into masonry surfaces or constructed of bronze or other incombustible materials mounted on a solid base, affixed to a building, or on one or more uprights.

U. Mobile billboard advertising display: An advertising display that is attached to a wheeled, mobile, non-motorized vehicle, that carries, pulls, or transports a sign or billboard, and is for the primary purpose of advertising in accordance with Section 395.5 of the California Vehicle Code and sections amendatory or supplementary thereto.

V. Monument Sign: A sign affixed to a solid base and installed on a landscaped, concrete or other solid surface on the project site.

W. Noncommercial Sign: A sign that does not name, advertise, or call attention to a commercial or industrial business, commodity, product, goods, service, or other commercial or industrial activity for a commercial or industrial purpose.

X. Off-Site Sign: A commercial sign not located on the site of the business or entity indicated or advertised by the sign, or a commercial sign advertising a commodity, good, product, service or other commercial or industrial activity which originates on a site other than where the sign is maintained.

Y. On-Site Sign: A commercial sign which directs attention to a commercial or industrial occupancy, business, commodity, product, goods, service, or other commercial or industrial activity conducted, sold, or offered upon the site where the sign is maintained.

Z. Parcel Frontage: The length of the property line abutting the public right-of-way for the parcel of land measured in linear feet.

AA. Painted Sign: A sign that is painted directly on a wall or other surface, and does not project from the surface to which it is applied.

BB. Parking Lot Light Banner: A banner sign attached to the vertical portion of a privately-owned parking lot light standard, suspended between horizontal supports. For the purpose of this Chapter, a parking lot light is defined as a vertical pole of varying height supporting a luminaire or mast arm.

CC. Permanent Sign: Any sign which is constructed to be lasting and enduring, remaining unchanged in character, condition (beyond normal wear and tear) and position and in a permanent manner affixed to the ground, wall, or building.

DD. Projecting Sign: A sign attached to, and projecting from, the face of the roof of a structure, canopy, or marquee.

EE. Pole/Pylon Sign: Any freestanding sign where the structural support for the sign is generally a single exposed pole.

FF. Roof Sign: A sign erected upon a roof or eve of a roof, or erected upon an awning of a structure, which is wholly or partially supported by said structure and includes a sign projecting above the eave or parapet of a roof.

GG. Sandwich Board Structure: A small, single or multi-sided type of sign placed on the ground, also referred to as an “A-sign”.

HH. Sign: Any device, fixture, placard, or structure, including its component parts, which draws attention to an object, product, place, activity, opinion, person, institution, organization, or place of business, or which identifies or promotes the interests of any person and which can be viewed from any public street, road, highway, right-of-way, parking area or public space.

II. Triangle Pennant Sign: A triangle-shaped piece of plastic or cloth material connected to a cord including a single color or multiple colors that repeat for the length of the cord, and is used to draw attention to businesses such as vehicle sales lots.

JJ. Valet Sign: A moveable support structure which contains a single support element or post used to display signage not permanently affixed to the ground.

KK. Nonconforming Sign: A sign which existed as a legal sign prior to the effective date of the ordinance codified in this Chapter which is in conflict with the provisions of this Chapter.

LL. Sign Structure: A structure which supports a sign.

MM. Sign Tower: An architecturally designed structure not exceeding 25 feet in height that can be permitted in the C-S-SP and C-N-SP zoning districts subject to a Design Review Permit or Conditional Use Permit.

NN. Temporary Sign: A sign constructed of expendable material such as paper, plastic, cloth, or wood intended to be displayed for a short period of time. Pennants, banners, and similar devices are also included in this category. Temporary signs may serve many functions such as grand opening signs or political signs.

OO. Wall Sign: A sign which is attached directly to, and parallel with, the building face or painted upon the wall or marquee of a building or structural part thereof.

PP. Window Sign: A sign painted, printed, attached, unattached but adjacent, glued, hung or otherwise affixed to a window so that it is visible from the exterior of the building. A window sign is a type of wall sign and may be located inside or outside of a building and either shall constitute a sign and is subject to the provisions of this Chapter.

QQ. The following are not within the definition of sign for the regulatory purposes of this Chapter:

1. Any public or legal notice required by a court or public agency;

2. Decorative or architectural features of building, except letters, trademarks, or moving parts;

3. Time and temperature devices;

4. Signs on street legal vehicles, license plates, license plate frames, registration insignia, including noncommercial messages, messages relating to the business or service of which the vehicle is an instrument or tool (not including general advertising), and messages relating to the proposed sale, lease, or exchange of the vehicle;

5. Traffic, directional, emergency, warning or informational signs required or authorized by a governmental agency having jurisdiction;

6. Permanent memorial or historical signs, plaques, or markers that comply with Section 18.51.03.T or Section 18.51.03.V;

7. Public utility signs; and

8. News racks.

Section 18.51.04. General Requirements.

A. Applicability. This Chapter regulates signs located on private property within all zoning districts of the City and on property owned by public agencies other than the City over which the City has zoning and land use regulatory power. Except where otherwise expressly provided in this Chapter, all signs located in such areas of the City shall receive zoning clearance for signs or a master sign plan as provided in subsection B of this Section, and shall be erected and maintained in conformity with this Chapter. The consent of the property owner is necessary before any sign may be erected on any private property within the City.

B. Zoning Clearance for Signs Required. Except as otherwise provided in this Chapter, it is unlawful for any person to place, erect, structurally or electrically alter (not including a change in sign copy of sign face), move or display or maintain any permanent sign without first obtaining a zoning clearance for signs from the Director or his/her designee in accordance with the provisions of this Chapter. No zoning clearance for signs is required for cleaning or other normal maintenance of a properly approved sign, unless a structural or electrical change is made.

C. Master Sign Plan Required. On a multi-tenant building or multi-building site, a master sign plan shall be prepared by the owner for review and approval by the Director or his/her designee in accordance with Section 18.51.07. The purpose of the master sign plan is to ensure compliance with this Chapter, promote continuity of sign design and to spread the amount of sign area permitted among the buildings and businesses within a multi-tenant building or multi-building site. Temporary signage may be allowed in accordance with Section 18.51.05.D upon the approval of a complete master sign plan.

D. Noncommercial Signs. Noncommercial signs are allowed whenever commercial signage is permitted and are subject to the same standards and total maximum allowances per site or building of each sign type specified in this Chapter.

E. Substitution of Noncommercial Message. Subject to the consent of the property owner, a noncommercial message of any type may be substituted for all or part of the commercial message on any sign allowed under this Chapter. No special or additional approval is required to substitute a noncommercial message for any other message on an allowable sign, provided the sign structure is already approved or exempt from the approval requirement and no structural or electrical change is made. When a noncommercial message is substituted for any other message, however, the sign is still subject to the same design, size, locational, and structural regulations (e.g., color, materials, height, size, illumination, maintenance, duration of display, etc.) as well as all building and electrical code requirements, as would apply if the sign were used to display a commercial message. In the event of any perceived or actual conflict between the general provisions of this subsection and any other specific provisions in this Chapter, the provisions of this subsection shall prevail.

F. Construction Materials. All permanent signs shall be constructed of wood, metal, plastic, ceramic tile, glass or like material (or paint on a building such as a painted wall sign) as approved by the Planning Director.

G. Area of Signs.

1. A “double-face sign” with parallel planes, back-to-back, not more than 24 inches apart, shall count as a single sign and only one side shall be counted for the total sign area.

2. In the case of a multi-face sign other than a double-faced sign, the outer dimensions of all the sign faces shall be combined. The sign area shall be the total area of all the faces.

3. In the event a sign falls under more than one sign definition, the more restrictive sign regulations found in this Chapter shall apply.

4. Sign face changes to a legally established sign which do not structurally alter the sign (including sign area and configuration) shall not require a zoning clearance for signs.

5. The total sign area allowed on a parcel shall be calculated as the sum of the sign areas of all signs on the parcel except directional structures and temporary signs.

6. The total sign area allowed on a parcel shall be up to one square foot of sign area for each lineal foot of building occupancy frontage or parcel frontage, whichever is greater, except that all properties are allowed a minimum of 25 square feet of sign area regardless of the building or parcel width. The Director or his/her designee, through the zoning clearance for signs process, shall determine whether proposed sign area is compatible with the proposed architecture of the building and with other properties in the vicinity. Sites with multiple tenants shall be required to submit a master sign program, for approval by the Director or his/her designee, to determine the share of total sign area for each tenant space.
a. Parcels adjacent to more than one public street, public alley, or freeway may be allowed to count each frontage toward the total sign area for the parcel. As part of the zoning clearance for signs review process, the Director or his/her designee shall ensure that the sign area is appropriately distributed among said frontages in order to avoid signs that are visually out of proportion with each particular building face.
b. Bonus Sign Area: The total sign area may be increased by 25% for that portion of a building that has a height of 20 feet or more of habitable interior space. As part of the zoning clearance review process for signs, the Director or his/her designee shall ensure that the amount of the bonus sign area allowed does not result in signage that is out of proportion with the building.

7. The area of a sign shall be calculated by forming a box to enclose the entire sign.

The box must be a continuous line consisting of not more than eight straight lines that form right angles. The area within the box shall be the sign area.

8. The supporting structure of any sign, including monument base or masonry veneer, shall not be included in determining the sign area.

H. Location. All sign structures shall comply with sight distance requirements for corner visibility of pedestrians and vehicles per Resolution No. 2009-24 (adoption of Santa Maria City Roadway Standards Manual, including corner cutbacks).

I. Architecturally Designed Sign Towers along Primary Arterial Streets. The City Council, through a Design Review Permit or Conditional Use Permit may permit, or conditionally permit, sign towers in the C-S-SP and C-N-SP zoning districts along primary arterial streets as defined in the Circulation Element of the General Plan. The sign towers shall not exceed a height of 25 feet above finished grade. The total sign area shall not be greater than 200 square feet per tower with signs permitted on up to four sign faces. The design of the sign towers must be consistent with the adopted Specific Plan for the area. The sign tower must make a positive design statement for the City of Guadalupe, be architecturally compatible with the architecture of the adjoining buildings, and must include substantial adjacent landscaping.

J. Illumination. Illumination shall be allowed on all signs upon the approval of zoning clearance for signs. Illuminated signs may be lighted either by exterior or interior means.

Illuminated signs shall be designed in such a manner as to avoid glare or reflection of light on private property in the surrounding area or onto public rights-of-way. Illumination of signs shall comply with all adopted building codes of the City of Guadalupe.

K. Limitation on Number of Signs Affixed to a Building. Up to four permanent signs may be permitted on any building face for a single tenant providing that the total available square footage allowed for display of permanent signs on a building is not exceeded.

L. Maintenance. All signs shall be maintained in a neat and orderly appearance, including, but not limited to, repairing all holes, tears, fading, chipping, structural defects, and partial or full loss of illumination.

Section 18.51.05. Standards by Sign Type.

A. Wall Sign.

1. Maximum Height: Not to exceed the eave or parapet of the roof.

2. Permitted Zones: All Commercial, Industrial, PF, Open Space, Mixed-use, and Multi-family zone districts.

3. A wall sign may encumber no greater than 80% of the building street frontage width.

4. Window signs may not exceed 25% of an overall window area per building face.

When any window area is displayed with a sign(s) in excess of 30 days per calendar quarter, or more than two 30-consecutive-day periods during a six-month time frame, not exceeding 120 display days within 12 months, when so designated by the applicant as provided in Section

18.51.05.D.4), or there is a change of the sign(s) with any number of different signs displayed in that same window during the foregoing specified time period(s), such window sign(s) shall be deemed a permanent sign and shall be counted against the total allowed sign area. In addition, an applicant may request that a portion of the available square footage for display of signs include up to 25% of any window area as part of the permanent approved sign display area.

5. A wall sign may not exceed 25% of an overall window area per building face.

6. Zoning clearance for wall signs needed: Yes.

B. Monument Sign.

1. Maximum Height: Six feet in residential zones; eight feet in commercial or industrial zones, as measured from adjacent finished grade.

2. Monument signs may be placed on landscaped mounds. All landscaped mounds shall comply with the development standards of Chapter 18.64 (landscaping) providing that mound slopes may not be steeper than 2 to 1 and no higher than three feet.

3. Monument Base: A monument sign must be supported by a solid base equal to or greater than 60% of the sign width obscuring one or more upright supports.

4. Permitted Zones: All Commercial, Industrial, PF, Mixed-use, and Open Space districts. Permitted in Residential zone districts with Master Sign Plan.

5. The maximum monument sign area shall be 50 square feet in all commercial, industrial, open space, public facilities. The maximum monument sign area shall be 35 square feet in all residential zoning districts.

6. Number of monument signs permitted shall be limited to one monument sign for each 125 linear feet of parcel frontage along a public street except that, upon the request of the applicant, monument signs closer to each other than an aggregate of 125 linear feet of parcel frontage along a public street shall be permitted when within 50 feet of the main entrances/exits of developments, such as a shopping center or office complex. Through the zoning clearance for signs review process, the Director or his/her designee will ensure the location of monument signs do not create an appearance of clutter along the street. In multi-family residential zones, monument signs may be permitted throughout the development provided the cumulative sign area is not exceeded for the project.

7. Zoning clearance for monument signs needed: Yes.

C. Directional Structures.

1. Maximum Height: Four feet for ground-mounted structures.

2. Maximum Area: Four square feet for ground-mounted structures; six square feet for wall-mounted structures.

3. Special Limitation: Directional structures shall only contain the information stated in Section 18.51.03.K.

4. Permitted Zones: All Commercial, Industrial, PF, Mixed-use, Open Space, and Multi-family residential zone districts.

5. Zoning clearance for directional structures needed: Yes.

D. Temporary Sign/Banner.

1. Maximum Height: Not to exceed roof eave line of nearest building or building to which it is affixed.

2. Maximum Area: A banner or temporary sign may be installed at a ratio of 32 square feet of sign area (in commercially or industrially zoned properties), or six square feet of sign area (in residentially zoned properties) for each 75 feet of width of the side(s) of a building facing a public street. For instance:

Building Width
(feet)
Sign Area (square feet)
Commercial/Industrial
Zones
Sign Area (square feet)
Residential Zones
75 32 6
150 64 12
225 96 18
300 128 24

3. Permitted Zones: All Residential, Commercial, Industrial, PF, Mixed-use, and Open Space districts zones.

4. Permitted Time: Temporary signs may be displayed for up to two 30-consecutiveday periods during a six-month time frame, not exceeding 120 display days within 12 months. The applicant shall specify the desired dates of display, any consecutive period(s) for display, and the 12 months within which the display will occur on the application for temporary zoning clearance for signs. A temporary zoning clearance for signs may be renewed upon expiration of the 12 months specified in a temporary sign application. All temporary signs shall be removed from the property within 5 days of the expiration date of the permit. New businesses shall be permitted to display temporary signs for up to six months provided a business license has been issued prior to installation of the sign.

5. Banners shall be made of flexible, non-rigid material that cannot support itself.

6. Temporary signs shall not be subtracted from the total allowable permanent sign area.

7. A maximum of two temporary signs may be permitted as long as the total allowable temporary sign area is not exceeded.

8. Temporary signs are permitted on vacant lots and are subject to all other applicable provisions of Section 18.51.03.GG.

9. Permit for temporary/banner signs needed: Yes (no fee).

E. Projecting Sign.

1. Maximum Height: Not to exceed eave or parapet line of wall or structure to which projecting sign is attached (Note: Bottom of sign shall be a minimum of eight feet from ground to provide proper clearance.)

2. Permitted Zones: All Commercial, Industrial, PF, Mixed-use, and Open Space zone districts.

3. Location: Projecting signs may extend over public rights-of-way including public sidewalks not to exceed one-half of the distance from the building face to which the sign is attached to the curb face of said sidewalk.

4. Zoning clearance for projecting signs needed: Yes.

F. Canopy/Awning Sign.

1. Maximum Height: Not to exceed the height of the underside of a canopy, awning or marquee. The bottom of the sign shall be a minimum of eight feet from the ground to provide proper clearance.

2. Permitted Zones: All Commercial, Industrial, PF, Mixed-use, and Open Space districts zones.

3. Location: Canopy/awning signs may locate over rights-of-way including sidewalks except that no part of the sign may extend beyond the canopy.

4. Zoning Clearance for canopy/awning signs needed: Yes.

G. Temporary Flags in Developing Residential Areas.

1. Maximum Height: Not to exceed 15 feet.

2. Maximum Area: Ten square feet per flag, not to be less than two feet wide.

3. Permitted Zones: All Residential zones, and any other zones that include an approved mixed use housing project or Residential through the use of a conditional use permit.

4. Permitted Time: Temporary flags may be displayed for up to one year plus one additional year if a zoning clearance for signs for signs extension has been obtained. Flags shall only be installed onsite and cannot be installed prior to issuance of Certificate of Occupancy for the model unit(s).

5. Special Limitation: One flag for each 50 feet of exterior public street frontage, not to exceed 20 flags for each approved project in a developing residential area. Flags shall be replaced when they become torn, frayed, or have holes.

6. Zoning clearance for temporary flags needed; zoning clearance for extensions of temporary flags needed: Yes.

H. Parking Lot Light Banners.

1. Maximum Area: Eight square feet each, not to exceed two banners per pole.

2. Minimum Height: Bottom horizontal support shall not be affixed to the vertical light pole less than eight feet above the ground.

3. Permitted Zones: All commercial zones

4. Permitted Time: May be utilized for an indefinite period of time when in full compliance with applicable provisions of Chapter 34 18.51. Banners shall be replaced when they become frayed, torn, or have holes.

5. Number of Banners: No more than 25% of the parking lot lights shall be utilized for banners.

6. Zoning clearance for parking lot light banners needed: Yes.

I. Freestanding Signs.

1. Maximum Height: Six feet in residential zones; eight feet in commercial or industrial zones, as measured from adjacent finished grade.

2. Freestanding signs may be placed on landscaped mounds. All landscaped mounds shall comply with the development standards of Chapter 18.64 (landscaping) providing that mound slopes may not be steeper than 2 to 1 and no higher than three feet.

3. Support Structure: A freestanding sign must be affixed to the ground by means of two or more columns or similar structural components.

4. Permitted Zones: All Commercial, Industrial, PF, Mixed-use, and Open Space districts. Permitted in Residential zone districts with Master Sign Plan.

5. The maximum freestanding sign area shall be 50 square feet in all commercial, industrial, open space, and public facilities. The maximum freestanding sign area shall be 35 square feet in all residential zoning districts.

6. Number of monument signs permitted shall be limited to one monument sign for each 125 linear feet of parcel frontage along a public street except that, upon the request of the applicant, monument signs closer to each other than an aggregate of 125 linear feet of parcel frontage along a public street shall be permitted when within 50 feet of the main entrances/exits of developments, such as a shopping center or office complex. Through the zoning clearance for signs review process, the Director or his/her designee will ensure the location of monument signs do not create an appearance of clutter along the street.

8. Zoning clearance for freestanding signs needed: Yes.

J. Digital Display Signs.

Digital display signs are subject to the following regulations in addition to all other requirements established in this Section.

1. Sign Type: Digital digital displays are permitted in the form of freestanding, monument, and wall signs when used as an on-site sign.

2. Height: A digital display shall have the same height limits as for other permitted signs of the same type and location.

3. Area: When used as an on-site sign, digital displays shall not exceed more than 30% of the total sign area permitted on the site.

4. Maximum Number per Property: Where permitted, one (1) digital display sign is permitted per property

5. Message Display:
a. Any Digital digital Display display containing animation, streaming video, or text or images which flash, pulsate, move, or scroll is prohibited. Each complete message must fit on one screen.
b. One message/display may be brighter than another, but each individual message/display must be static in intensity.
c. The content of a digital display must transition by changing instantly, with no transition graphics (e.g., no fade-out or fade-in).
d. Default Design: The sign shall contain a default design which shall freeze the sign message in one position if a malfunction should occur.

6. Conversion of a permitted non-digital sign to a digital sign requires the issuance of a permit pursuant to Section 18.51.07.

7. The addition of any digital display to a nonconforming sign is prohibited.

8. Public Service Announcements: The owner of every digital sign shall coordinate with the local authorities to display, when appropriate, emergency information important to the traveling public including, but not limited to Amber Alerts.

9. When used as an on-site sign, message center signs and digital displays are permitted only as a portion of the total sign area on the site.

10. A digital display sign may not be used as an off-site sign.

Section 18.51.06. Construction or Subdivision Signs; For Sale or For Rent Signs.

A. Construction or subdivision project signs are considered permanent signs for purposes of the Chapter. Such signs shall not exceed 32 square feet in area, or eight feet in overall height, unless legally required by governmental contract to be larger. A construction or subdivision project sign shall require a zoning clearance for signs and may exist no longer than the period of construction. One sign is permitted per street frontage, with an exception for frontages exceeding 200 feet where one sign may be permitted for each 200 feet of street frontage.

B. For sale/for rent signs may be temporary or permanent signs depending on the length of time such signs shall be displayed. A no fee sign permit application for a for sale/for rent sign may be filed with the Planning Department and displayed for up to two 30-consecutiveday periods during a six-month time frame, not exceeding 120 display days within 12 months as provided in Section 18.51.05.D.4. If such a sign needs to be displayed longer than this time period, the applicant shall apply for a zoning clearance to convert such a sign to a permanent sign.

Section 18.51.07. Administration.

A. Application and Processing.

1. Purpose. The purpose of a zoning clearance for permanent signs is to help ensure compliance with the provisions of this Chapter, in particular, the provisions regulating the design, illumination, location, materials, number, size, and type of sign, including structural and electrical provisions of the state building codes.

2. General application process for zoning clearance for permanent signs. Unless otherwise specified by this Chapter, the application for a zoning clearance for permanent signs must be made in writing on the form provided by the Planning Department and accompanied by the required fee established by City Council resolution. The application shall include the following information and items:
a. The completed application form.
b. Plans drawn to scale showing the design of the sign, including dimensions, sign size, colors, materials, method of attachment, source of illumination, and showing the relationship to any building, parcel, or structure to which it is proposed to be installed or affixed or to which it relates. Compliance with applicable state building codes including structural analysis, wind load calculations, and footing details shall be shown on the plans and signed by a structural engineer when applicable.
c. A site plan, including all dimensions, drawn to scale indicating the location of the sign relative to the property line, rights-of-way, streets, sidewalks, vehicular access points, and existing or planned buildings or structures and off-street parking areas located on the premises. d. The number, size, type, and location of all existing signs on the same building, site, or premises.
e. Proof of the consent of the property owner or other person in control or in possession of the property.
f. If a proposed sign would be an advertising display under the Outdoor Advertising Act (Business and Professions Code Sections 5200 and following), the applicant shall submit reasonable evidence demonstrating compliance with or exemption from the Act. g. Such other information as the Director may reasonably request in order to establish that the proposed application is in full compliance with the provisions of this Chapter, the municipal code, and any other applicable law.

3. Processing Applications. The Director, or his/her designee, shall determine whether the application contains all of the information and items required by the provisions of this Chapter.

If the Director or his/her designee determines that the application is not complete, the applicant must be notified in writing within 30 calendar days of the date of receipt of the application that the application is not complete and the reasons for such determination, including any additional information necessary to render the application complete. The applicant will then have 30 calendar days from receipt of comments to submit additional information to render the application complete. Failure to do so within this 30-day period renders the application void. Within 30 calendar days following receipt of an amended application or supplemental information, the Director or his/her designee must again determine whether the application is complete in accordance with the procedures set forth in this subsection. Evaluation and notification is to occur as provided above until such time as the application is found to be complete. All notices required by this Chapter are deemed given upon the date any such notice is either deposited in the United States mail or the date upon which a personal service of such notice is provided.

4. Findings for Approval. After reviewing a complete zoning clearance application for a permanent sign or signs, the Director or his/her designee, shall render a written decision to approve or deny the application within 30 calendar days of the complete application date. The Director’s determination shall be based on the following findings:
a. The proposed sign(s) comply with all development standards in Chapter 18.51.05; b. The placement and design of the sign(s) is compatible with the building or structure the signage is placed on;
c. The proposed sign(s) is consistent with the City’s General Plan and municipal code;
d. The proposed design, character, location, number, type, size, illumination and maintenance of the proposed sign(s) maintain and enhance the City’s appearance. e. Decisions made on zoning clearance for signs shall not be based on the content of the signage.

5. Application process for temporary sign permits. A zoning clearance is not required for temporary signs/banners, but a no fee permit is required. The application for a sign permit may be made in writing on the form provided by the Planning Department or on some other written form acceptable to the Planning Director Director and accompanied by the required fee established by City Council resolution (if any). The application shall include the number and type of signs and the location(s) of these signs along with proof of the consent of the property owner or other person in control or in possession of the property where the sign(s) will be displayed, and for how long the temporary signs will be displayed.

B. Appeals.

1. Any person seeking to appeal a decision of the Director or his/her designee granting or denying an application for issuance of a zoning clearance for signs, revoking a permit, or ordering the remediation or removal of a sign, shall submit an appeal to the City Council in writing consistent with Chapter 18.80 (Appeals) and submit the appropriate fees as established by the City Master Fee Schedule.

2. Any person dissatisfied with the final action by the City Council may seek prompt judicial review of the action pursuant to the California Code of Civil Procedure Section 1094.8.

Formatted: Tab stops: 1.13", Left
Section 18.51.08. Hazardous Signs.

Signs shall conform to the following provisions of the California Vehicle Code.

A. No person shall place, maintain or display upon or in view of any highway, any unofficial sign, signal or device, or any sign, signal or device which purports to be or is an imitation of, or resembles an official traffic sign or signal, or which attempts to direct the movement of traffic, or which hides from view any official sign or signal. (Cal. Veh. Code, section 21465).

B. No person shall place, maintain or display upon or in view of any highway, any light of any color of such brilliance as to blind or dazzle the vision of drivers upon said highway nor shall any light be placed in such position as to prevent the driver of a vehicle from readily recognizing any traffic sign or signal. (Cal. Veh. Code, section 21466.5).

C. The State Department of Public Works, members of the California Highway Patrol and local authorities are hereby authorized and empowered without notice to remove every prohibited sign, signal, device or light which is a public nuisance or cause the same to be removed or the director of said department, the chief of said patrol or local authorities may bring any action as provided by law to abate such nuisance.

Section 18.51.09. Construction of Signs.

A. No portion of any sign nor its supports shall be placed in a manner that it will in any way obstruct any fire escape, stairway, or fire sprinkler stand pipe, nor shall any such sign or any of its supports be attached to or supported by any fire escape.

B. No portion of any sign or its supports shall be so placed that it will interfere with human exit through any window of any room of any building.

C. No portion of any sign or its supports shall be placed so that it will obstruct any exterior door or required exit of any building.

D. No sign shall be placed that will obstruct any legally required light and ventilation.

E. No sign or portion of a sign shall be placed on any public right-of-way in such a manner which obstructs such public right-of-way. Any such sign is hereby declared a public nuisance and may be removed by the Director, Building Official or any other designated official.

Section 18.51.10. Nonconforming Signs.

A. General Requirements: A nonconforming sign structure shall not be:

1. Changed to another nonconforming sign structure or increased in area unless the height or area of the sign structure is made less nonconforming;

2. Structurally altered to extend its useful life; or

3. Moved from its location to a new location.

B. Face Changes: Sign copy and face changes within the existing boundaries of the nonconforming sign structure are permitted without obtaining a zoning clearance for signs.

C. Modifications and Maintenance: Non-structural modifications or non-structural maintenance (i.e., painting, rust removal) are allowed without a zoning clearance for signs up to a maximum of 50 percent of the existing total area of the sign. Non-structural modifications or maintenance exceeding 50 percent of the existing total area of the sign, and all structural changes, shall comply with all applicable standards of this Chapter.

D. Discontinued Use: If the use of a building or land associated with a legal nonconforming sign structure is discontinued for a period of six months or more, any sign structure shall thereafter conform to the provisions of this Chapter.

E. Public Nuisances: No sign or portion of a sign shall be placed on any public rightof-way in such a manner which obstructs such public right-of-way. Any such sign is hereby declared a public nuisance and may be removed by the Director, Building Official, or any other designated official without notice if determined to be a safety hazard.

F. Destroyed Signs: If, at any time, any nonconforming sign structure in existence or maintained on the effective date of the ordinance codified in this Chapter is destroyed by fire, accident, explosion or act of nature to the extent of more than 50 percent of the value thereof, without further action of the City, such sign shall, from and after the date of such destruction, be subject to all the provisions of this Chapter. For the purposes of this Chapter, the value of any sign shall be the estimated cost of replacement of the sign in kind as determined by the Building Official.

G. Any sign that is nonconforming with the requirements of this ordinance shall either be removed or brought into conformance within five years from the effective date of this ordinance unless an administrative use permit is obtained to permit the sign to remain for an additional five-year period, at which time it shall be removed or brought into conformance.

H. Administration of this section is not intended to conflict with the provisions of the Outdoor Advertising Act (Chapters 2 and 2.5, Sections 5200 – 5499.30 of the Business and Professions Code).

Section 18.51.11. Exempt Signs, Flags, and Devices.

The following signs, flags, and devices are exempt from the provisions of this Chapter:

A. Flags of a governmental entity (e.g., United States, California, and , other governmental entities).

B. Signs and devices erected by a public agency not subject to this Chapter.

C. Signs erected by a public utility or common carrier to warn of dangers (e.g., the location of underground facilities and railroad crossings).

D. Signs required to be maintained or posted by law or governmental order, rule, or regulation.

E. Signs located entirely within structures.

Section 18.51.12. Prohibited Signs and Locations.

Prohibited signs are as follows:

A. Any sign designed for emitting sound.

B. Any sign or sign structure which has become a public nuisance due to inadequate maintenance, dilapidation, or abandonment.

C. Any sign which obstructs in any manner the ingress to, or egress from, a door, window, fire escape, or other access way required by building codes adopted by the City of Guadalupe.

D. Any sign unlawfully installed, erected, or maintained.

E. Any sign that encroaches into any City right-of-way and/or easement, except undercanopy, and projecting signs.

F. Any sign that flashes, blinks, moves, changes color, appears to change color, changes intensity, or contains any part of attachment which does the same.

G. Any sign that is inconsistent with the traffic safety sight area, pursuant to Resolution No. 2009-24 (Adopted City of Santa Maria Traffic Standards Manual).

H. Any sign structure located so that it interferes with visibility at an intersection, public right-of-way, driveway, or other ingress/egress.

I. Any pole sign.

J. Any sign located or displayed on or over public property except as expressly permitted in this Chapter.

K. Any sign attached to a tree or utility pole.

L. Any sign structure erected or maintained which has less horizontal or vertical clearance from communication lines and energized electrical power lines than that prescribed by the state, or rules and regulations duly promulgated by agencies thereof.

M. Any sign structure adversely affecting traffic control or safety.

N. Balloons, balloon-like objects, and blimps.

O. Roof signs.

P. Any sign on public property or property in which the City holds an interest unless otherwise authorized by this Chapter. A public utility easement (PUE) is an example of property in which the City holds an interest.

Q. Off-Site Signs—Exception. Signs on property owned or controlled by the City, whose design is compatible with the objectives of this Chapter as determined by the Director or his/her designee through zoning clearance for signs.

R. Bow/feather signs.

S. Sandwich board signs (also referred to as “A-signs”).

T. Inflatable signs, including those that exhibit motion through the use of a blower and controlled release of air.

U. Triangle Pennant signs.

V. Mobile Billboard Advertising Displays: Pursuant to Section 22651(v) of the California Vehicle Code and sections amendatory or supplementary thereto, any peace officer, or any regularly employed and salaried employee of the City, who is engaged in directing traffic or enforcing parking laws and regulations in which the mobile billboard advertising display is located may remove the mobile billboard advertising display located within the territorial limits of the City when the mobile billboard advertising display is found upon any public street or any public lands, if all of the following requirements are satisfied:

1. When a vehicle is a mobile billboard advertising display and is parked or left standing in violation of this code, if the registered owner of the vehicle was previously issued a warning citation for the same offense;

2. A warning citation was issued to a first-time offender at least twenty-four (24) hours prior to the removal of the vehicle. The City is not required pursuant to Section 22651(v)(2) of the California Vehicle Code and sections amendatory or supplementary thereto to provide further notice for a subsequent violation prior to enforcement; and

3. The warning citation advised the registered owner of the vehicle that he or she may be subject to penalties upon a subsequent violation of this Chapter that may include the removal of the vehicle.

Section 18.51.13. Signs in the Public Right-of-Way or Placing Citizens in Peril.

The Director, Building Official or other designated official in Chapter 2 of this Code (Administration and Personnel) shall immediately cause the removal of any sign which, in the judgment of the Director, Building Official or other designated official, is found to be within the public right-of-way and/or easements and are found to place citizens in immediate peril. Said removal shall be by any or a combination of the following methods using sound judgment under the circumstances:

A. Removal or modification of said sign by City staff with business owner (or property owner if business has ceased operations) to be billed for time and materials related to the cost of said removal.

B. Notification orally or in writing to the business owner causing the removal of said signs within a 24 hour period or later period of time, as prescribed by the Director, Building Official or other designated official.

C. Immediate citation of the business owner (or property owner if business has ceased operations) or party responsible for said sign.

Section 18.51.14. Severability.

If any provision or clause of this Chapter or the application thereof is held unconstitutional or otherwise invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, clauses, or applications of this Chapter which can be implemented without the invalid provision, clause, or application, it is hereby expressly declared that this ordinance, and each section, subsection, sentence, clause, and phrase hereof would have been prepared, proposed, approved, adopted, and/or ratified irrespective of the fact that any one or more sections, subsections, sentences clauses, and/or phrases be declared invalid or unconstitutional.

Appendix: Illustration A (Bow/Feather Sign).

Illustration B (Examples of Signs).
(Source: Santa Barbara County)
SECTION 3. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA guidelines, and has been found to be exempt pursuant to §15306 of the CEQA Guidelines (Information Collection) because it does not have the potential to create a physical environmental effect.

SECTION 4. The City Council declares that each section, subsection, paragraph, subparagraph, sentence, clause, and phrase of this Ordinance is severable and independent of every other section, subsection, paragraph, subparagraph, sentence, clause, and phrase of this Ordinance. If any section, subsection, paragraph, subparagraph, sentence, clause, or phrase of this Ordinance is held invalid, the City Council declares it would have adopted the remaining provisions of this Ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this Ordinance should remain in effect after the invalid portion has been eliminated.

SECTION 5. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.

INTRODUCED at a regular meeting of the City Council on the 26th day of April 2022, by the following roll call vote:

MOTION: LILLIANA CARDENAS/ GILBERT ROBLES
AYES: Councilmembers: Cardenas, Robles, Julian
NOES:

ABSENT: Councilmembers: Ramirez, Costa, Jr.

ABSTAINED:

PASSED AND ADOPTED at a regular meeting of the City Council on the 10th day of May 2022, by the following vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:
______________________________ ____________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
______________________________
Philip Sinco, City Attorney
ORDINANCE NO. 2022-500

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA, TO REPEAL THE EXISTING SIGN ORDINANCE (SECTION 18.52.140 – 18.52.160) AND AMEND THE GUADALUPE MUNICIPAL CODE BY ADDING CHAPTER 18.51 REGARDING SIGNS The City Council of the City of Guadalupe, State of California, does ordain as follows:

WHEREAS, the State Planning and Zoning Law authorizes the legislative body of a city or county to regulate, among other things, the General Plan and implementation of the Plan through the administration of the zoning ordinance among other documents (Government Code Sec. 65103 (b)); and
WHEREAS, the City Council recognizes that the City’s zoning ordinance was adopted in February 1980, over 42 years ago, and that except for several amendments and additions over the past few years, many sections of the ordinance are outdated, internally inconsistent, and do not reflect mandatory State regulations that have been enacted over the years; and WHEREAS, staff is systematically reviewing and amending the zoning ordinance to ensure that the final version reflects the desire of City Council to provide the most accurate document to describe and regulate development within the City; and WHEREAS, public notice pursuant to Government Code section 65090 was given on or about April 15, 2022; and
WHEREAS, the City Council considered the draft sign ordinance at a noticed public hearing and took action to approve the first reading and introduction of the ordinance on April 26, 2022.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GUADALUPE DOES ORDAIN AS FOLLOWS:

SECTION 1. Sections 18.52.140 – 18.52.160 of the Guadalupe Municipal Code are hereby repealed in their entirety:

SECTION 2. Chapter 18.51 of the Guadalupe Municipal Code is hereby added to read as follows:

CHAPTER 18.51 SIGNS
Section 18.51.01. Purpose.

The purpose of this Chapter is to regulate signs located on private property within the City and on property owned by public agencies other than the City and over which the City has zoning and land use regulatory power.

ATTACHMENT 2
Section 18.51.02 Objectives.

Signs can have either a positive or negative impact on the character and quality of the City.

As a prominent part of the scenery, they attract or repel the viewing public, affect the safety of vehicular traffic, and set the tone of a neighborhood and the City. The objectives of this Chapter include the following:

A. To implement the City’s community design and safety standards as set forth in the City’s General Plan, and Municipal Code.

B. To maintain and enhance the City’s appearance by regulating the design, character, location, number, type, size, illumination, and maintenance of signs.

C. To serve the City’s interests in maintaining and enhancing its visual appeal for residents, tourists, and other visitors, by preventing the degradation of visual quality which can result from excessive and poorly designed, located, or maintained signage.

D. To generally limit signage to on-site locations in order to protect the aesthetic environment from the visual clutter associated with the unrestricted proliferation of signs.

E. To limit the size, number, and construction of signs to levels that reasonably allow for the free communication of ideas, consistent with the other purposes of this ordinance.

F. To encourage signs that are appropriate to the zoning district in which they are located and consistent with the permitted and conditional uses applied to the subject property.

G. To establish sizes of signs in relationship to the scale of the lot and building on which the signs are to be placed or to which they pertain.

H. To minimize the possible adverse effects of signs on nearby public and private property, including streets, sidewalks, roads, and highways.

I. To protect and improve pedestrian and vehicular safety by balancing the need for signs that facilitate the safe and smooth flow of traffic (e.g., directional signs and on-site signs) without an excess of signage which may distract drivers or overload the mental capacity to quickly receive and interpret information.

J. To reduce hazardous situations, confusion, and visual clutter caused by the proliferation, placement, illumination, animation and excessive height, and area and bulk of signs which compete for the attention of pedestrians and motorists.

K. To respect and protect the right of free speech by sign display, while reasonably regulating the structural, locational, and other non-communicative aspects of signs, generally for the public health, safety, and welfare, and specifically to serve the public interests in community aesthetics, traffic, and pedestrian safety.

L. To enable the fair, consistent, and effective enforcement of the sign regulations of the City.

Section 18.51.03. Definitions.

The definitions listed below supplement those set forth in Chapter 18.08 with Illustration A and B (located in the Appendix at the end of this Chapter) depicting examples of certain types of signs:

A. Balloon or Blimp: An airtight bag, possibly rigid or semi-rigid, which will rise and float above the earth when filled with hot air or gas.

B. Banner: A type of temporary sign made of paper, cloth, flexible plastic or similar material.

C. Bow/Feather Sign: Any variety of fabric signs as shown in Illustration A, commonly called but not limited to bow, feather, tear drop, etc. that display a message, supported by a horizontal or vertical pole of various lengths.

D. Bulletin Board: A permanently constructed sign containing a surface area that may have interchangeable letters, words, or numerals.

E. Building Face: The exterior surface of any building, regardless of frontage.

F. Building Occupancy Frontage: The length of that portion of a building occupied exclusively by an individual tenant or owner which faces the public right-of-way.

G. Building Official: A title recognized by the City of Guadalupe and the International Code Council (ICC) responsible for interpretation, effectuation and enforcement of the California Building Codes, including, but not limited to, the International Building Code (IBC).

H. Canopy/Awning Sign: A sign mounted or painted on a canopy or awning.

I. Commercial Sign: Any sign, wording, logo, picture, transparency, mechanical device, or other representation that is intended to attract attention to a commercial or industrial business, occupancy, product, goods, service, or other commercial or industrial activity for a commercial or industrial purpose.

J. Construction Project or Subdivision Sign: A sign erected in conjunction with a construction project.

K. Directional Structure: A noncommercial, on-site structure, the purpose of which is to facilitate safe vehicular or pedestrian travel by directing pedestrians or vehicles to specific onsite locations, such as parking spaces, special drive-up or walk-up services, exits, and public restrooms.

L. Director: The Planning Director of the City.

M. Directory Sign: A wall or monument sign that may list the names of businesses in an office or retail complex and the corresponding building, suite or room number/letter. In multifamily residential areas, the sign can be used for identifying apartment buildings and unit numbers.

N. Freestanding Sign: A sign not attached to a building that is constructed upon, or affixed to, the ground by means of two or more columns or similar structural components.

O. Height of Sign, Maximum: The distance from the lowest adjacent finish grade within three feet of the base of the sign to the top of its highest element.

P. Illuminated Sign - External: A sign which is illuminated by use of lighting from a source outside of the sign.

Q. Illuminated Sign - Internal: A sign which is illuminated by use of lighting installed inside the sign.

R. Institution: All governmental, religious, and charitable organizations.

S. Master Sign Plan: A plan outlining the design, location, size, number, materials, and construction of sign structures for any multi-tenant or multi-building site in order to ensure continuity of design within the project and to provide for equitable distribution between tenants of allowable sign area.

T. Memorial Signs or Tablets: Signs or tablets cut into masonry surfaces or constructed of bronze or other incombustible materials mounted on a solid base, affixed to a building, or on one or more uprights.

U. Mobile billboard advertising display: An advertising display that is attached to a wheeled, mobile, non-motorized vehicle, that carries, pulls, or transports a sign or billboard, and is for the primary purpose of advertising in accordance with Section 395.5 of the California Vehicle Code and sections amendatory or supplementary thereto.

V. Monument Sign: A sign affixed to a solid base and installed on a landscaped, concrete or other solid surface on the project site.

W. Noncommercial Sign: A sign that does not name, advertise, or call attention to a commercial or industrial business, commodity, product, goods, service, or other commercial or industrial activity for a commercial or industrial purpose.

X. Off-Site Sign: A commercial sign not located on the site of the business or entity indicated or advertised by the sign, or a commercial sign advertising a commodity, good, product, service or other commercial or industrial activity which originates on a site other than where the sign is maintained.

Y. On-Site Sign: A commercial sign which directs attention to a commercial or industrial occupancy, business, commodity, product, goods, service, or other commercial or industrial activity conducted, sold, or offered upon the site where the sign is maintained.

Z. Parcel Frontage: The length of the property line abutting the public right-of-way for the parcel of land measured in linear feet.

AA. Painted Sign: A sign that is painted directly on a wall or other surface, and does not project from the surface to which it is applied.

BB. Parking Lot Light Banner: A banner sign attached to the vertical portion of a privately-owned parking lot light standard, suspended between horizontal supports. For the purpose of this Chapter, a parking lot light is defined as a vertical pole of varying height supporting a luminaire or mast arm.

CC. Permanent Sign: Any sign which is constructed to be lasting and enduring, remaining unchanged in character, condition (beyond normal wear and tear) and position and in a permanent manner affixed to the ground, wall, or building.

DD. Projecting Sign: A sign attached to, and projecting from, the face of the roof of a structure, canopy, or marquee.

EE. Pole/Pylon Sign: Any freestanding sign where the structural support for the sign is generally a single exposed pole.

FF. Roof Sign: A sign erected upon a roof or eve of a roof, or erected upon an awning of a structure, which is wholly or partially supported by said structure and includes a sign projecting above the eave or parapet of a roof.

GG. Sandwich Board Structure: A small, single or multi-sided type of sign placed on the ground, also referred to as an “A-sign”.

HH. Sign: Any device, fixture, placard, or structure, including its component parts, which draws attention to an object, product, place, activity, opinion, person, institution, organization, or place of business, or which identifies or promotes the interests of any person and which can be viewed from any public street, road, highway, right-of-way, parking area or public space.

II. Triangle Pennant Sign: A triangle-shaped piece of plastic or cloth material connected to a cord including a single color or multiple colors that repeat for the length of the cord, and is used to draw attention to businesses such as vehicle sales lots.

JJ. Valet Sign: A moveable support structure which contains a single support element or post used to display signage not permanently affixed to the ground.

KK. Nonconforming Sign: A sign which existed as a legal sign prior to the effective date of the ordinance codified in this Chapter which is in conflict with the provisions of this Chapter.

LL. Sign Structure: A structure which supports a sign.

MM. Sign Tower: An architecturally designed structure not exceeding 25 feet in height that can be permitted in the C-S-SP and C-N-SP zoning districts subject to a Design Review Permit or Conditional Use Permit.

NN. Temporary Sign: A sign constructed of expendable material such as paper, plastic, cloth, or wood intended to be displayed for a short period of time. Pennants, banners, and similar devices are also included in this category. Temporary signs may serve many functions such as grand opening signs or political signs.

OO. Wall Sign: A sign which is attached directly to, and parallel with, the building face or painted upon the wall or marquee of a building or structural part thereof.

PP. Window Sign: A sign painted, printed, attached, unattached but adjacent, glued, hung or otherwise affixed to a window so that it is visible from the exterior of the building. A window sign is a type of wall sign and may be located inside or outside of a building and either shall constitute a sign and is subject to the provisions of this Chapter.

QQ. The following are not within the definition of sign for the regulatory purposes of this Chapter:

1. Any public or legal notice required by a court or public agency;

2. Decorative or architectural features of building, except letters, trademarks, or moving parts;

3. Time and temperature devices;

4. Signs on street legal vehicles, license plates, license plate frames, registration insignia, including noncommercial messages, messages relating to the business or service of which the vehicle is an instrument or tool (not including general advertising), and messages relating to the proposed sale, lease, or exchange of the vehicle;

5. Traffic, directional, emergency, warning or informational signs required or authorized by a governmental agency having jurisdiction;

6. Permanent memorial or historical signs, plaques, or markers that comply with Section 18.51.03.T or Section 18.51.03.V;

7. Public utility signs; and

8. News racks.

Section 18.51.04. General Requirements.

A. Applicability. This Chapter regulates signs located on private property within all zoning districts of the City and on property owned by public agencies other than the City over which the City has zoning and land use regulatory power. Except where otherwise expressly provided in this Chapter, all signs located in such areas of the City shall receive zoning clearance for signs or a master sign plan as provided in subsection B of this Section, and shall be erected and maintained in conformity with this Chapter. The consent of the property owner is necessary before any sign may be erected on any private property within the City.

B. Zoning Clearance for Signs Required. Except as otherwise provided in this Chapter, it is unlawful for any person to place, erect, structurally or electrically alter (not including a change in sign copy of sign face), move or display or maintain any permanent sign without first obtaining a zoning clearance for signs from the Director or his/her designee in accordance with the provisions of this Chapter. No zoning clearance for signs is required for cleaning or other normal maintenance of a properly approved sign, unless a structural or electrical change is made.

C. Master Sign Plan Required. On a multi-tenant building or multi-building site, a master sign plan shall be prepared by the owner for review and approval by the Director or his/her designee in accordance with Section 18.51.07. The purpose of the master sign plan is to ensure compliance with this Chapter, promote continuity of sign design and to spread the amount of sign area permitted among the buildings and businesses within a multi-tenant building or multi-building site. Temporary signage may be allowed in accordance with Section 18.51.05.D upon the approval of a complete master sign plan.

D. Noncommercial Signs. Noncommercial signs are allowed whenever commercial signage is permitted and are subject to the same standards and total maximum allowances per site or building of each sign type specified in this Chapter.

E. Substitution of Noncommercial Message. Subject to the consent of the property owner, a noncommercial message of any type may be substituted for all or part of the commercial message on any sign allowed under this Chapter. No special or additional approval is required to substitute a noncommercial message for any other message on an allowable sign, provided the sign structure is already approved or exempt from the approval requirement and no structural or electrical change is made. When a noncommercial message is substituted for any other message, however, the sign is still subject to the same design, size, locational, and structural regulations (e.g., color, materials, height, size, illumination, maintenance, duration of display, etc.) as well as all building and electrical code requirements, as would apply if the sign were used to display a commercial message. In the event of any perceived or actual conflict between the general provisions of this subsection and any other specific provisions in this Chapter, the provisions of this subsection shall prevail.

F. Construction Materials. All permanent signs shall be constructed of wood, metal, plastic, ceramic tile, glass or like material (or paint on a building such as a painted wall sign) as approved by the Planning Director.

G. Area of Signs.

1. A “double-face sign” with parallel planes, back-to-back, not more than 24 inches apart, shall count as a single sign and only one side shall be counted for the total sign area.

2. In the case of a multi-face sign other than a double-faced sign, the outer dimensions of all the sign faces shall be combined. The sign area shall be the total area of all the faces.

3. In the event a sign falls under more than one sign definition, the more restrictive sign regulations found in this Chapter shall apply.

4. Sign face changes to a legally established sign which do not structurally alter the sign (including sign area and configuration) shall not require a zoning clearance for signs.

5. The total sign area allowed on a parcel shall be calculated as the sum of the sign areas of all signs on the parcel except directional structures and temporary signs.

6. The total sign area allowed on a parcel shall be up to one square foot of sign area for each lineal foot of building occupancy frontage or parcel frontage, whichever is greater, except that all properties are allowed a minimum of 25 square feet of sign area regardless of the building or parcel width. The Director or his/her designee, through the zoning clearance for signs process, shall determine whether proposed sign area is compatible with the proposed architecture of the building and with other properties in the vicinity. Sites with multiple tenants shall be required to submit a master sign program, for approval by the Director or his/her designee, to determine the share of total sign area for each tenant space.
a. Parcels adjacent to more than one public street, public alley, or freeway may be allowed to count each frontage toward the total sign area for the parcel. As part of the zoning clearance for signs review process, the Director or his/her designee shall ensure that the sign area is appropriately distributed among said frontages in order to avoid signs that are visually out of proportion with each particular building face.
b. Bonus Sign Area: The total sign area may be increased by 25% for that portion of a building that has a height of 20 feet or more of habitable interior space. As part of the zoning clearance review process for signs, the Director or his/her designee shall ensure that the amount of the bonus sign area allowed does not result in signage that is out of proportion with the building.

7. The area of a sign shall be calculated by forming a box to enclose the entire sign.

The box must be a continuous line consisting of not more than eight straight lines that form right angles. The area within the box shall be the sign area.

8. The supporting structure of any sign, including monument base or masonry veneer, shall not be included in determining the sign area.

H. Location. All sign structures shall comply with sight distance requirements for corner visibility of pedestrians and vehicles per Resolution No. 2009-24 (adoption of Santa Maria City Roadway Standards Manual, including corner cutbacks).

I. Architecturally Designed Sign Towers along Primary Arterial Streets. The City Council, through a Design Review Permit or Conditional Use Permit may permit, or conditionally permit, sign towers in the C-S-SP and C-N-SP zoning districts along primary arterial streets as defined in the Circulation Element of the General Plan. The sign towers shall not exceed a height of 25 feet above finished grade. The total sign area shall not be greater than 200 square feet per tower with signs permitted on up to four sign faces. The design of the sign towers must be consistent with the adopted Specific Plan for the area. The sign tower must make a positive design statement for the City of Guadalupe, be architecturally compatible with the architecture of the adjoining buildings, and must include substantial adjacent landscaping.

J. Illumination. Illumination shall be allowed on all signs upon the approval of zoning clearance for signs. Illuminated signs may be lighted either by exterior or interior means.

Illuminated signs shall be designed in such a manner as to avoid glare or reflection of light on private property in the surrounding area or onto public rights-of-way. Illumination of signs shall comply with all adopted building codes of the City of Guadalupe.

K. Limitation on Number of Signs Affixed to a Building. Up to four permanent signs may be permitted on any building face for a single tenant providing that the total available square footage allowed for display of permanent signs on a building is not exceeded.

L. Maintenance. All signs shall be maintained in a neat and orderly appearance, including, but not limited to, repairing all holes, tears, fading, chipping, structural defects, and partial or full loss of illumination.

Section 18.51.05. Standards by Sign Type.

A. Wall Sign.

1. Maximum Height: Not to exceed the eave or parapet of the roof.

2. Permitted Zones: All Commercial, Industrial, PF, Open Space, Mixed-use, and Multi-family zone districts.

3. A wall sign may encumber no greater than 80% of the building street frontage width.

4. Window signs may not exceed 25% of an overall window area per building face.

When any window area is displayed with a sign(s) in excess of 30 days per calendar quarter, or more than two 30-consecutive-day periods during a six-month time frame, not exceeding 120 display days within 12 months, when so designated by the applicant as provided in Section

18.51.05.D.4), or there is a change of the sign(s) with any number of different signs displayed in that same window during the foregoing specified time period(s), such window sign(s) shall be deemed a permanent sign and shall be counted against the total allowed sign area. In addition, an applicant may request that a portion of the available square footage for display of signs include up to 25% of any window area as part of the permanent approved sign display area.

5. A wall sign may not exceed 25% of an overall window area per building face.

6. Zoning clearance for wall signs needed: Yes.

B. Monument Sign.

1. Maximum Height: Six feet in residential zones; eight feet in commercial or industrial zones, as measured from adjacent finished grade.

2. Monument signs may be placed on landscaped mounds. All landscaped mounds shall comply with the development standards of Chapter 18.64 (landscaping) providing that mound slopes may not be steeper than 2 to 1 and no higher than three feet.

3. Monument Base: A monument sign must be supported by a solid base equal to or greater than 60% of the sign width obscuring one or more upright supports.

4. Permitted Zones: All Commercial, Industrial, PF, Mixed-use, and Open Space districts. Permitted in Residential zone districts with Master Sign Plan.

5. The maximum monument sign area shall be 50 square feet in all commercial, industrial, open space, public facilities. The maximum monument sign area shall be 35 square feet in all residential zoning districts.

6. Number of monument signs permitted shall be limited to one monument sign for each 125 linear feet of parcel frontage along a public street except that, upon the request of the applicant, monument signs closer to each other than an aggregate of 125 linear feet of parcel frontage along a public street shall be permitted when within 50 feet of the main entrances/exits of developments, such as a shopping center or office complex. Through the zoning clearance for signs review process, the Director or his/her designee will ensure the location of monument signs do not create an appearance of clutter along the street. In multi-family residential zones, monument signs may be permitted throughout the development provided the cumulative sign area is not exceeded for the project.

7. Zoning clearance for monument signs needed: Yes.

C. Directional Structures.

1. Maximum Height: Four feet for ground-mounted structures.

2. Maximum Area: Four square feet for ground-mounted structures; six square feet for wall-mounted structures.

3. Special Limitation: Directional structures shall only contain the information stated in Section 18.51.03.K.

4. Permitted Zones: All Commercial, Industrial, PF, Mixed-use, Open Space, and Multi-family residential zone districts.

5. Zoning clearance for directional structures needed: Yes.

D. Temporary Sign/Banner.

1. Maximum Height: Not to exceed roof eave line of nearest building or building to which it is affixed.

2. Maximum Area: A banner or temporary sign may be installed at a ratio of 32 square feet of sign area (in commercially or industrially zoned properties), or six square feet of sign area (in residentially zoned properties) for each 75 feet of width of the side(s) of a building facing a public street. For instance:

Building Width
(feet)
Sign Area (square feet)
Commercial/Industrial
Zones
Sign Area (square feet)
Residential Zones
75 32 6
150 64 12
225 96 18
300 128 24

3. Permitted Zones: All Residential, Commercial, Industrial, PF, Mixed-use, and Open Space districts zones.

4. Permitted Time: Temporary signs may be displayed for up to two 30-consecutiveday periods during a six-month time frame, not exceeding 120 display days within 12 months. The applicant shall specify the desired dates of display, any consecutive period(s) for display, and the 12 months within which the display will occur on the application for temporary zoning clearance for signs. A temporary zoning clearance for signs may be renewed upon expiration of the 12 months specified in a temporary sign application. All temporary signs shall be removed from the property within 5 days of the expiration date of the permit. New businesses shall be permitted to display temporary signs for up to six months provided a business license has been issued prior to installation of the sign.

5. Banners shall be made of flexible, non-rigid material that cannot support itself.

6. Temporary signs shall not be subtracted from the total allowable permanent sign area.

7. A maximum of two temporary signs may be permitted as long as the total allowable temporary sign area is not exceeded.

8. Temporary signs are permitted on vacant lots and are subject to all other applicable provisions of Section 18.51.03.GG.

9. Permit for temporary/banner signs needed: Yes (no fee).

E. Projecting Sign.

1. Maximum Height: Not to exceed eave or parapet line of wall or structure to which projecting sign is attached (Note: Bottom of sign shall be a minimum of eight feet from ground to provide proper clearance.)

2. Permitted Zones: All Commercial, Industrial, PF, Mixed-use, and Open Space zone districts.

3. Location: Projecting signs may extend over public rights-of-way including public sidewalks not to exceed one-half of the distance from the building face to which the sign is attached to the curb face of said sidewalk.

4. Zoning clearance for projecting signs needed: Yes.

F. Canopy/Awning Sign.

1. Maximum Height: Not to exceed the height of the underside of a canopy, awning or marquee. The bottom of the sign shall be a minimum of eight feet from the ground to provide proper clearance.

2. Permitted Zones: All Commercial, Industrial, PF, Mixed-use, and Open Space districts zones.

3. Location: Canopy/awning signs may locate over rights-of-way including sidewalks except that no part of the sign may extend beyond the canopy.

4. Zoning Clearance for canopy/awning signs needed: Yes.

G. Temporary Flags in Developing Residential Areas.

1. Maximum Height: Not to exceed 15 feet.

2. Maximum Area: Ten square feet per flag, not to be less than two feet wide.

3. Permitted Zones: All Residential zones, and any other zones that include an approved mixed use housing project or Residential through the use of a conditional use permit.

4. Permitted Time: Temporary flags may be displayed for up to one year plus one additional year if a zoning clearance for signs extension has been obtained. Flags shall only be installed onsite and cannot be installed prior to issuance of Certificate of Occupancy for the model unit(s).

5. Special Limitation: One flag for each 50 feet of exterior public street frontage, not to exceed 20 flags for each approved project in a developing residential area. Flags shall be replaced when they become torn, frayed, or have holes.

6. Zoning clearance for temporary flags needed; zoning clearance for extensions of temporary flags needed: Yes.

H. Parking Lot Light Banners.

1. Maximum Area: Eight square feet each, not to exceed two banners per pole.

2. Minimum Height: Bottom horizontal support shall not be affixed to the vertical light pole less than eight feet above the ground.

3. Permitted Zones: All commercial zones

4. Permitted Time: May be utilized for an indefinite period of time when in full compliance with applicable provisions of Chapter 18.51. Banners shall be replaced when they become frayed, torn, or have holes.

5. Number of Banners: No more than 25% of the parking lot lights shall be utilized for banners.

6. Zoning clearance for parking lot light banners needed: Yes.

I. Freestanding Signs.

1. Maximum Height: Six feet in residential zones; eight feet in commercial or industrial zones, as measured from adjacent finished grade.

2. Freestanding signs may be placed on landscaped mounds. All landscaped mounds shall comply with the development standards of Chapter 18.64 (landscaping) providing that mound slopes may not be steeper than 2 to 1 and no higher than three feet.

3. Support Structure: A freestanding sign must be affixed to the ground by means of two or more columns or similar structural components.

4. Permitted Zones: All Commercial, Industrial, PF, Mixed-use, and Open Space districts. Permitted in Residential zone districts with Master Sign Plan.

5. The maximum freestanding sign area shall be 50 square feet in all commercial, industrial, open space, and public facilities. The maximum freestanding sign area shall be 35 square feet in all residential zoning districts.

6. Number of monument signs permitted shall be limited to one monument sign for each 125 linear feet of parcel frontage along a public street except that, upon the request of the applicant, monument signs closer to each other than an aggregate of 125 linear feet of parcel frontage along a public street shall be permitted when within 50 feet of the main entrances/exits of developments, such as a shopping center or office complex. Through the zoning clearance for signs review process, the Director or his/her designee will ensure the location of monument signs do not create an appearance of clutter along the street.

8. Zoning clearance for freestanding signs needed: Yes.

J. Digital Display Signs.

Digital display signs are subject to the following regulations in addition to all other requirements established in this Section.

1. Sign Type: digital displays are permitted in the form of freestanding, monument, and wall signs when used as an on-site sign.

2. Height: A digital display shall have the same height limits as for other permitted signs of the same type and location.

3. Area: When used as an on-site sign, digital displays shall not exceed more than 30% of the total sign area permitted on the site.

4. Maximum Number per Property: Where permitted, one (1) digital display sign is permitted per property

5. Message Display:
a. Any digital display containing animation, streaming video, or text or images which flash, pulsate, move, or scroll is prohibited. Each complete message must fit on one screen. b. One message/display may be brighter than another, but each individual message/display must be static in intensity.
c. The content of a digital display must transition by changing instantly, with no transition graphics (e.g., no fade-out or fade-in).
d. Default Design: The sign shall contain a default design which shall freeze the sign message in one position if a malfunction should occur.

6. Conversion of a permitted non-digital sign to a digital sign requires the issuance of a permit pursuant to Section 18.51.07.

7. The addition of any digital display to a nonconforming sign is prohibited.

8. Public Service Announcements: The owner of every digital sign shall coordinate with the local authorities to display, when appropriate, emergency information important to the traveling public including, but not limited to Amber Alerts.

9. When used as an on-site sign, message center signs and digital displays are permitted only as a portion of the total sign area on the site.

10. A digital display sign may not be used as an off-site sign.

Section 18.51.06. Construction or Subdivision Signs; For Sale or For Rent Signs.

A. Construction or subdivision project signs are considered permanent signs for purposes of the Chapter. Such signs shall not exceed 32 square feet in area, or eight feet in overall height, unless legally required by governmental contract to be larger. A construction or subdivision project sign shall require a zoning clearance for signs and may exist no longer than the period of construction. One sign is permitted per street frontage, with an exception for frontages exceeding 200 feet where one sign may be permitted for each 200 feet of street frontage.

B. For sale/for rent signs may be temporary or permanent signs depending on the length of time such signs shall be displayed. A no fee sign permit application for a for sale/for rent sign may be filed with the Planning Department and displayed for up to two 30-consecutiveday periods during a six-month time frame, not exceeding 120 display days within 12 months as provided in Section 18.51.05.D.4. If such a sign needs to be displayed longer than this time period, the applicant shall apply for a zoning clearance to convert such a sign to a permanent sign.

Section 18.51.07. Administration.

A. Application and Processing.

1. Purpose. The purpose of a zoning clearance for permanent signs is to help ensure compliance with the provisions of this Chapter, in particular, the provisions regulating the design, illumination, location, materials, number, size, and type of sign, including structural and electrical provisions of the state building codes.

2. General application process for zoning clearance for permanent signs. Unless otherwise specified by this Chapter, the application for a zoning clearance for permanent signs must be made in writing on the form provided by the Planning Department and accompanied by the required fee established by City Council resolution. The application shall include the following information and items:
a. The completed application form.
b. Plans drawn to scale showing the design of the sign, including dimensions, sign size, colors, materials, method of attachment, source of illumination, and showing the relationship to any building, parcel, or structure to which it is proposed to be installed or affixed or to which it relates. Compliance with applicable state building codes including structural analysis, wind load calculations, and footing details shall be shown on the plans and signed by a structural engineer when applicable.
c. A site plan, including all dimensions, drawn to scale indicating the location of the sign relative to the property line, rights-of-way, streets, sidewalks, vehicular access points, and existing or planned buildings or structures and off-street parking areas located on the premises. d. The number, size, type, and location of all existing signs on the same building, site, or premises.
e. Proof of the consent of the property owner or other person in control or in possession of the property.
f. If a proposed sign would be an advertising display under the Outdoor Advertising Act (Business and Professions Code Sections 5200 and following), the applicant shall submit reasonable evidence demonstrating compliance with or exemption from the Act. g. Such other information as the Director may reasonably request in order to establish that the proposed application is in full compliance with the provisions of this Chapter, the municipal code, and any other applicable law.

3. Processing Applications. The Director, or his/her designee, shall determine whether the application contains all of the information and items required by the provisions of this Chapter.

If the Director or his/her designee determines that the application is not complete, the applicant must be notified in writing within 30 calendar days of the date of receipt of the application that the application is not complete and the reasons for such determination, including any additional information necessary to render the application complete. The applicant will then have 30 calendar days from receipt of comments to submit additional information to render the application complete. Failure to do so within this 30-day period renders the application void. Within 30 calendar days following receipt of an amended application or supplemental information, the Director or his/her designee must again determine whether the application is complete in accordance with the procedures set forth in this subsection. Evaluation and notification is to occur as provided above until such time as the application is found to be complete. All notices required by this Chapter are deemed given upon the date any such notice is either deposited in the United States mail or the date upon which a personal service of such notice is provided.

4. Findings for Approval. After reviewing a complete zoning clearance application for a permanent sign or signs, the Director or his/her designee, shall render a written decision to approve or deny the application within 30 calendar days of the complete application date. The Director’s determination shall be based on the following findings:
a. The proposed sign(s) comply with all development standards in Chapter 18.51.05; b. The placement and design of the sign(s) is compatible with the building or structure the signage is placed on;
c. The proposed sign(s) is consistent with the City’s General Plan and municipal code;
d. The proposed design, character, location, number, type, size, illumination and maintenance of the proposed sign(s) maintain and enhance the City’s appearance. e. Decisions made on zoning clearance for signs shall not be based on the content of the signage.

5. Application process for temporary sign permits. A zoning clearance is not required for temporary signs/banners, but a no fee permit is required. The application for a sign permit may be made in writing on the form provided by the Planning Department or on some other written form acceptable to the Planning Director. The application shall include the number and type of signs and the location(s) of these signs along with proof of the consent of the property owner or other person in control or in possession of the property where the sign(s) will be displayed, and for how long the temporary signs will be displayed.

B. Appeals.

1. Any person seeking to appeal a decision of the Director or his/her designee granting or denying an application for issuance of a zoning clearance for signs, revoking a permit, or ordering the remediation or removal of a sign, shall submit an appeal to the City Council in writing consistent with Chapter 18.80 (Appeals) and submit the appropriate fees as established by the City Master Fee Schedule.

2. Any person dissatisfied with the final action by the City Council may seek prompt judicial review of the action pursuant to the California Code of Civil Procedure Section 1094.8.

Section 18.51.08. Hazardous Signs.

Signs shall conform to the following provisions of the California Vehicle Code.

A. No person shall place, maintain or display upon or in view of any highway, any unofficial sign, signal or device, or any sign, signal or device which purports to be or is an imitation of, or resembles an official traffic sign or signal, or which attempts to direct the movement of traffic, or which hides from view any official sign or signal. (Cal. Veh. Code, section 21465).

B. No person shall place, maintain or display upon or in view of any highway, any light of any color of such brilliance as to blind or dazzle the vision of drivers upon said highway nor shall any light be placed in such position as to prevent the driver of a vehicle from readily recognizing any traffic sign or signal. (Cal. Veh. Code, section 21466.5).

C. The State Department of Public Works, members of the California Highway Patrol and local authorities are hereby authorized and empowered without notice to remove every prohibited sign, signal, device or light which is a public nuisance or cause the same to be removed or the director of said department, the chief of said patrol or local authorities may bring any action as provided by law to abate such nuisance.

Section 18.51.09. Construction of Signs.

A. No portion of any sign nor its supports shall be placed in a manner that it will in any way obstruct any fire escape, stairway, or fire sprinkler stand pipe, nor shall any such sign or any of its supports be attached to or supported by any fire escape.

B. No portion of any sign or its supports shall be so placed that it will interfere with human exit through any window of any room of any building.

C. No portion of any sign or its supports shall be placed so that it will obstruct any exterior door or required exit of any building.

D. No sign shall be placed that will obstruct any legally required light and ventilation.

E. No sign or portion of a sign shall be placed on any public right-of-way in such a manner which obstructs such public right-of-way. Any such sign is hereby declared a public nuisance and may be removed by the Director, Building Official or any other designated official.

Section 18.51.10. Nonconforming Signs.

A. General Requirements: A nonconforming sign structure shall not be:

1. Changed to another nonconforming sign structure or increased in area unless the height or area of the sign structure is made less nonconforming;

2. Structurally altered to extend its useful life; or

3. Moved from its location to a new location.

B. Face Changes: Sign copy and face changes within the existing boundaries of the nonconforming sign structure are permitted without obtaining a zoning clearance for signs.

C. Modifications and Maintenance: Non-structural modifications or non-structural maintenance (i.e., painting, rust removal) are allowed without a zoning clearance for signs up to a maximum of 50 percent of the existing total area of the sign. Non-structural modifications or maintenance exceeding 50 percent of the existing total area of the sign, and all structural changes, shall comply with all applicable standards of this Chapter.

D. Discontinued Use: If the use of a building or land associated with a legal nonconforming sign structure is discontinued for a period of six months or more, any sign structure shall thereafter conform to the provisions of this Chapter.

E. Public Nuisances: No sign or portion of a sign shall be placed on any public rightof-way in such a manner which obstructs such public right-of-way. Any such sign is hereby declared a public nuisance and may be removed by the Director, Building Official, or any other designated official without notice if determined to be a safety hazard.

F. Destroyed Signs: If, at any time, any nonconforming sign structure in existence or maintained on the effective date of the ordinance codified in this Chapter is destroyed by fire, accident, explosion or act of nature to the extent of more than 50 percent of the value thereof, without further action of the City, such sign shall, from and after the date of such destruction, be subject to all the provisions of this Chapter. For the purposes of this Chapter, the value of any sign shall be the estimated cost of replacement of the sign in kind as determined by the Building Official.

G. Any sign that is nonconforming with the requirements of this ordinance shall either be removed or brought into conformance within five years from the effective date of this ordinance unless an administrative use permit is obtained to permit the sign to remain for an additional five-year period, at which time it shall be removed or brought into conformance.

H. Administration of this section is not intended to conflict with the provisions of the Outdoor Advertising Act (Chapters 2 and 2.5, Sections 5200 – 5499.30 of the Business and Professions Code).

Section 18.51.11. Exempt Signs, Flags, and Devices.

The following signs, flags, and devices are exempt from the provisions of this Chapter:

A. Flags of a governmental entity (e.g., United States, California, and , other governmental entities).

B. Signs and devices erected by a public agency not subject to this Chapter.

C. Signs erected by a public utility or common carrier to warn of dangers (e.g., the location of underground facilities and railroad crossings).

D. Signs required to be maintained or posted by law or governmental order, rule, or regulation.

E. Signs located entirely within structures.

Section 18.51.12. Prohibited Signs and Locations.

Prohibited signs are as follows:

A. Any sign designed for emitting sound.

B. Any sign or sign structure which has become a public nuisance due to inadequate maintenance, dilapidation, or abandonment.

C. Any sign which obstructs in any manner the ingress to, or egress from, a door, window, fire escape, or other access way required by building codes adopted by the City of Guadalupe.

D. Any sign unlawfully installed, erected, or maintained.

E. Any sign that encroaches into any City right-of-way and/or easement, except undercanopy, and projecting signs.

F. Any sign that flashes, blinks, moves, changes color, appears to change color, changes intensity, or contains any part of attachment which does the same.

G. Any sign that is inconsistent with the traffic safety sight area, pursuant to Resolution No. 2009-24 (Adopted City of Santa Maria Traffic Standards Manual).

H. Any sign structure located so that it interferes with visibility at an intersection, public right-of-way, driveway, or other ingress/egress.

I. Any pole sign.

J. Any sign located or displayed on or over public property except as expressly permitted in this Chapter.

K. Any sign attached to a tree or utility pole.

L. Any sign structure erected or maintained which has less horizontal or vertical clearance from communication lines and energized electrical power lines than that prescribed by the state, or rules and regulations duly promulgated by agencies thereof.

M. Any sign structure adversely affecting traffic control or safety.

N. Balloons, balloon-like objects, and blimps.

O. Roof signs.

P. Any sign on public property or property in which the City holds an interest unless otherwise authorized by this Chapter. A public utility easement (PUE) is an example of property in which the City holds an interest.

Q. Off-Site Signs—Exception. Signs on property owned or controlled by the City, whose design is compatible with the objectives of this Chapter as determined by the Director or his/her designee through zoning clearance for signs.

R. Bow/feather signs.

S. Sandwich board signs (also referred to as “A-signs”).

T. Inflatable signs, including those that exhibit motion through the use of a blower and controlled release of air.

U. Triangle Pennant signs.

V. Mobile Billboard Advertising Displays: Pursuant to Section 22651(v) of the California Vehicle Code and sections amendatory or supplementary thereto, any peace officer, or any regularly employed and salaried employee of the City, who is engaged in directing traffic or enforcing parking laws and regulations in which the mobile billboard advertising display is located may remove the mobile billboard advertising display located within the territorial limits of the City when the mobile billboard advertising display is found upon any public street or any public lands, if all of the following requirements are satisfied:

1. When a vehicle is a mobile billboard advertising display and is parked or left standing in violation of this code, if the registered owner of the vehicle was previously issued a warning citation for the same offense;

2. A warning citation was issued to a first-time offender at least twenty-four (24) hours prior to the removal of the vehicle. The City is not required pursuant to Section 22651(v)(2) of the California Vehicle Code and sections amendatory or supplementary thereto to provide further notice for a subsequent violation prior to enforcement; and

3. The warning citation advised the registered owner of the vehicle that he or she may be subject to penalties upon a subsequent violation of this Chapter that may include the removal of the vehicle.

Section 18.51.13. Signs in the Public Right-of-Way or Placing Citizens in Peril.

The Director, Building Official or other designated official in Chapter 2 of this Code (Administration and Personnel) shall immediately cause the removal of any sign which, in the judgment of the Director, Building Official or other designated official, is found to be within the public right-of-way and/or easements and are found to place citizens in immediate peril. Said removal shall be by any or a combination of the following methods using sound judgment under the circumstances:

A. Removal or modification of said sign by City staff with business owner (or property owner if business has ceased operations) to be billed for time and materials related to the cost of said removal.

B. Notification orally or in writing to the business owner causing the removal of said signs within a 24 hour period or later period of time, as prescribed by the Director, Building Official or other designated official.

C. Immediate citation of the business owner (or property owner if business has ceased operations) or party responsible for said sign.

Section 18.51.14. Severability.

If any provision or clause of this Chapter or the application thereof is held unconstitutional or otherwise invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions, clauses, or applications of this Chapter which can be implemented without the invalid provision, clause, or application, it is hereby expressly declared that this ordinance, and each section, subsection, sentence, clause, and phrase hereof would have been prepared, proposed, approved, adopted, and/or ratified irrespective of the fact that any one or more sections, subsections, sentences clauses, and/or phrases be declared invalid or unconstitutional.

Appendix: Illustration A (Bow/Feather Sign).

Illustration B (Examples of Signs).
(Source: Santa Barbara County)
SECTION 3. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA guidelines, and has been found to be exempt pursuant to §15306 of the CEQA Guidelines (Information Collection) because it does not have the potential to create a physical environmental effect.

SECTION 4. The City Council declares that each section, subsection, paragraph, subparagraph, sentence, clause, and phrase of this Ordinance is severable and independent of every other section, subsection, paragraph, subparagraph, sentence, clause, and phrase of this Ordinance. If any section, subsection, paragraph, subparagraph, sentence, clause, or phrase of this Ordinance is held invalid, the City Council declares it would have adopted the remaining provisions of this Ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this Ordinance should remain in effect after the invalid portion has been eliminated.

SECTION 5. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.

INTRODUCED at a regular meeting of the City Council on the 26th day of April 2022, by the following roll call vote:

MOTION: LILLIANA CARDENAS/ GILBERT ROBLES

AYES: 3 Councilmembers: Cardenas, Robles, Julian
NOES:

ABSENT: 2 Councilmembers: Ramirez, Costa, Jr.

ABSTAINED:

PASSED AND ADOPTED at a regular meeting of the City Council on the 10th day of May 2022, by the following vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

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

Agenda Item No. 7I

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of May 10, 2022
________________________________
Prepared by:

Todd Bodem, City Administrator
SUBJECT: Consideration of a Resolution Pursuant to Government Code Section 21221(h) for the appointment of Amelia M. Villegas as Interim Human Resources Manager RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 2022-37 approving Amelia M. Villegas as Interim Human Resources Manager pursuant to Government Code section 21221(h).

BACKGROUND:

In October 2019, Ms. Villegas retired having spent 13 years as Human Resources Manager with the City of Guadalupe. At the time of her retirement, a suitable candidate had not been hired to fill that vacancy.

All the necessary reviews and approvals were obtained from CalPERS and the City Council to waive the 180-day wait period between Ms. Villegas’s retirement date and the date she began employment in that one-time Interim Human Resources Manager position which was in mid-October 2019.

A lengthy recruitment process occurred with that vacancy, which was filled in March 2020 with a regular, part-time employee, not a retired annuitant. That employee has now given two months’ notice of intent to resign, effective May 6, 2022. An active recruitment process had begun in mid-March but has yet to yield qualified candidates.

Ms. Villegas is authorized to return as a retiree to fill this current vacancy pursuant to Government Code section 21221(h) which permits the City Council of the City of Guadalupe to appoint Ms. Villegas to a vacant position requiring specialized skills during recruitment for a permanent appointment. This appointment will not subject Ms. Villegas to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year.

Under the January 2013 Employees’ Pension Reform Act (PEPRA), certain provisions must be adhered to for a retiree to work in any capacity for a CalPERS employee:
• The work is of a limited duration in a retired annuitant designated position (i.e., not a permanent part-time position);
• The compensation paid is an hourly pay rate that is within the salary schedule for the position;

• The time worked is 960 hours or less in a fiscal year (July 1-June 30); • No additional compensation or benefits are to be paid.

Another PEPRA provision for a retiree to return to work for a CalPERS employer is a 180-day wait period between the retirement date and the date employment begins unless an exception is approved.

However, this provision does not apply in this situation.

While Ms. Villegas’s main focus will be to recruit and fill this critical vacancy, she will also be asked to manage and complete any personnel-related activities that may arise and be deemed essential to the efficient operation of the City. Ms. Villegas will be employed as a temporary employee with limited hours per week until a suitable and qualified replacement is identified.

FISCAL IMPACT:

The position of Human Resources Manager has been budgeted at $37.33 per hour, as a full-time permanent position with correlating benefits. Ms. Villegas will be retained at $41.16 per hour with no benefits on a limited weekly schedule. As a result, there is more than sufficient funds in the budget to cover this action.

ATTACHMENTS:

1. Resolution No. 2022-37

2. Job Description/Recruitment Posting

3. Offer Letter to Ms. Villegas

RESOLUTION NO. 2022-37

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA APPROVING A RESOLUTION PER GOVERNMENT CODE SECTION 21221(h) FOR THE APPOINTMENT OF AMELIA M. VILLEGAS AS INTERIM HUMAN RESOURCES MANAGER WHEREAS, Government (Gov.) Code section 21221(h) of the Public Employees’ Retirement Law permits the government body to appoint a CalPERS retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and
WHEREAS, the City Council desires to appoint Amelia M. Villegas as an interim appointment retired annuitant to the vacant position of Human Resources Manager for the City of Guadalupe under Gov. Code section 21221(h), effective May 11, 2022; and
WHEREAS, Amelia M. Villegas served an interim appointment to the position of Human Resource Manager for the City of Guadalupe after her retirement from that position in October 2019, until a permanent appointment was made in March 2020; and
WHEREAS, the Human Resources Manager position has become vacant again as of May 6, 2022, following the resignation of the permanent appointee to that position; and WHEREAS, because this position has become vacant following a permanent appointment who was not a retired annuitant, Government Code section 21221(h) does not prevent Amelia M. Villegas from filling this new vacancy; and
WHEREAS, the City Council, the City of Guadalupe and Amelia M. Villegas certify that Amelia M.

Villegas has not and will not receive a Golden Handshake or any other retirement-related incentive; and WHEREAS, an appointment under Gov. Code section 21221(h) requires the retiree is appointed into the interim appointment during recruitment for a permanent appointment; and WHEREAS, this Gov. Code section 21221(h) appointment shall only be made once and therefore will end when a permanent appointment is made, or when Amelia M. Villegas has worked 960 hours, or on December 31, 2022, whichever occurs first.

WHEREAS, this entire employment agreement, contract or appointment document between Amelia M.

Villegas and the City of Guadalupe has been reviewed by this body and is attached herein; and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.33 to equal the hourly rate; and
ATTACHMENT 1

WHEREAS, the maximum base salary for this position is $7,133.88 monthly and the hourly equivalent is $41.16 hourly; the minimum base salary for this position if $5,323.58 monthly and the hourly equivalent is $30.71; and
WHEREAS, the hourly rate paid to Amelia M. Villegas will be $41.16; and WHEREAS, Amelia M. Villegas has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and WHEREAS, the current status of this recruitment is open, and a job flyer has been prepared and released to the public a copy of which is attached to the staff report for this item; and WHEREAS, the Offer Letter to Amelia M. Villegas from the City of Guadalupe is attached to the staff report for this item and has been reviewed by the City Council; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Guadalupe as follows:

1. The City Council of the City of Guadalupe hereby certifies the nature of the employment of Amelia M.

Villegas as described herein and detailed in the attached Offer Letter of Employment and that this appointment is necessary to fill the critically needed position of Human Resources Manager for the City of Guadalupe by May 11, 2022 because of significant issues concerning recruitment, personnel projects and processes pending in the City of Guadalupe that require immediate attention by someone with Ms. Villegas’s knowledge, experience, and specialized skills.

2. The City Council of the City of Guadalupe does hereby appoint Amelia M. Villegas as Interim Human Resources Manager effective May 11, 2022, to perform specialized work for a limited duration until a regular Human Resources Manager can be hired, or when she has worked 960 hour, or on December 31, 2022, whichever occurs first.

3. Ms. Villegas’s actual start date will be negotiated between City staff and Ms. Villegas, once all required documents have been reviewed and approved by CalPERS.

PASSED AND ADOPTED at a regular meeting on the 10th day of May 2022, by the following vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAIN
I, Todd Bodem, Deputy City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2022-37, has been duly signed by the Mayor and attested by the Deputy City Clerk, all at a regular meeting of the City Council, held on May 10, 2022, and that same was approved and adopted.

ATTEST:
________________________________ __________________________________ Todd Bodem, Deputy City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
________________________________
Philip F. Sinco, City Attorney

1 Human Resources Manager
Full-time Exempt/Unrepresented by Labor Union

JOB DESCRIPTION
May 2019
DEFINITION:

Under the direction of the City Administrator, this position is responsible for the development, execution, and management of human resources policies, procedures, and programs to ensure compliance with all governmental and legal bodies.

ESSENTIAL FUNCTIONS:
• Plans, organizes and oversees daily functions, and activities of human resources programs, including recruitment and selection, job analysis and classification, compensation, employee training and development, benefits administration, workers’ compensation and labor and employee relations. • Performs job analysis and classification studies of new and existing positions; designs and writes new and modifies existing classification specifications as appropriate; conducts compensation studies for new and existing jobs to determine internal and external equity. • Administers the City’s employee benefit programs, including plans such as retirement, health, dental, vision, life, employee assistance program, Consolidated Omnibus Budget Reconciliation Act (COBRA); acts as liaison with brokers and health carriers.
• Coordinates the City’s training activities; identifies training needs and ensures that the City’s needs, and expectations are addressed.
• Administers the workers’ compensation claims management function. • Assists the City Administrator with labor contract negotiations; prepares labor relations documents and contract language; may represent the City in meetings with bargaining units. Develops and participates in employee relation activities. Provides personnel support to all levels of staff relative to interpretation of laws, rules, regulations, policies
• Works closely with management on issues that require resolution or contract interpretation; conducts workplace investigations as needed.
• Develops and participates in employee relations activities; provides advice and counsel to all levels of staff in the interpretation of human resources laws, rules, regulations, policies, as it relates to personnel. • Monitors changes in law, regulations, and technology that may affect City or human resources operations; implements policy and procedure changes, as required; participates in the development and implementation of policies and procedural changes as required, ensuring compliance with applicable Federal and State laws and regulations.

ATTACHMENT 2
2 Human Resources Manager
Full-time Exempt/Unrepresented by Labor Union

JOB DESCRIPTION
KNOWLEDGE/SKILLS:
• Principles, practices, and techniques of human resources in a public setting. • Applicable Federal, State and local laws, regulatory codes, ordinances, and procedures relevant to human resources.
• Techniques for effectively representing the City in contact with governmental agencies, community groups, and various business, professional and educational, regulatory and legislative organizations. • Excellent written, verbal and interpersonal skills dealing with all levels of management and staff. • Principles and practices of exemplary customer service. • Strong organizational and prioritization skills.
• Ability to maintain confidentiality of sensitive personal information of applicants, current and former employees, and other matters affecting employee relations.

EDUCATION & EXPERIENCE:
• Graduation from an accredited four-year college or university with major coursework in human resources management, business or public administration, or a related field, or equivalent experience; and • Minimum of three (3) years of professional experience in human resources administration are required. • Experience in a public agency is highly desirable;
• Possession of a valid California Driver’s License, Class C, with a satisfactory (clean) driving record is required.

PHYSICAL REQUIREMENTS:
• Frequently sits for extended periods of time. Occasionally stands for short durations of time and walks short distances.
• Occasionally reaches above, at and below shoulder level. • Selection lifts, carries, pushes and pulls materials and objects up to 10-15 pounds. • Occasionally bends, stoops, kneels, handles, grips, grasps, extends neck upward, downward, or side-to-side. • Visual acuity which could be corrected sufficiently to perform the essential functions of the position; average depth perception needed.
• Ability to effectively verbally communicate to exchange information and to effectively hear and comprehend oral instructions and communications in an office environment. • Frequently uses a computer and telecommunications equipment. 3 Human Resources Manager
Full-time Exempt/Unrepresented by Labor Union

JOB DESCRIPTION
WORK ENVIRONMENT:

The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
• Primarily works indoors with no exposures to inclement weather, conditions, or hazards.

The noise level in the work environment is usually quiet in the office.

SALARY RANGE & BENEFITS:

HOURLY SALARY: $30.713 Step A ($63,882.394 annually) – $41.157 Step L2 ($85,606.614 annually), Exempt BENEFITS: BENEFITS: Vacation, Sick Leave, and Holidays. Medical/Dental/Vision/Life Insurance. 2% @ 55 for “Classic” employees; 2% @ 62 for “PEPRA” employees.

APPLICATION PROCESS: Go to our website at www.ci.guadalupe.ca.us to download an application and send to City of Guadalupe, Attn: HR, 918 Obispo Street, P.O. Box 908, Guadalupe, CA 93434 or email.

DEADLINE: Open Until Filled
This job description is not intended to be all-inclusive. The employee may also perform other reasonably related duties as assigned. The City of Guadalupe provides equal employment opportunities to all employees and applicants for employment and prohibits discrimination and harassment of any type without regard to race, color, religion, age, sex, national origin, disability status, genetics, protected veteran status, sexual orientation, gender identity or expression, or any other characteristic protected by federal, state, or local laws.

Administration Department:

Tel (805) 356.3891 Fax (805) 343.5512 918 Obispo Street P.O. Box 908, Guadalupe CA 93434 May 8, 2022
Ms. Amelia M. Villegas
Street
Guadalupe, CA 93434
RE: OFFER OF TEMPORARY EMPLOYMENT
Dear Ms. Villegas:

I am pleased to offer you the temporary position of Human Resources Manager with the City of Guadalupe. This offer follows the adoption of a resolution by the City Council at its meeting on May 10, 2022, for the CalPERS approval pursuant to Government Code section 21221(h) for an appointment of a retired annuitant to a one-time interim position but is contingent upon the review and approval of the adopted resolution by CalPERS. The following are the details of this offer:

1. Preferred start date: Specific date to be determined (as soon as possible after May 10, 2022);

2. Salary: $41.16 per hour;

3. Schedule: This is a temporary, part-time position. The specific schedule will be determined at time of hire;

4. Payday: You will be paid on Fridays on a bi-weekly basis; and

5. This temporary position is not eligible for any City-provided benefits.

Two originals of this offer are enclosed. Should you accept our offer of temporary assignment in the position of Interim Human Resources Manager, please sign and date both in the space provided below.

Return one of these and retain the other for your records.

Sincerely,
Todd Bodem
City Administrator
City of Guadalupe
Administration Department
918 Obispo Street
P.O. Box 908
Guadalupe, CA 93434
ATTACHMENT 3
Administration Department:

Tel (805) 356.3891 Fax (805) 343.5512 918 Obispo Street P.O. Box 908, Guadalupe CA 93434 Ms. Amelia M. Villegas
Offer of Temporary Employment
May 11, 2022

Acceptance:

I fully understand the parameters of this temporary assignment as Interim Human Resources Manager and hereby accept this offer of temporary employment with the City of Guadalupe. _____________________________________ ______________________________ Amelia M. Villegas, Signature Date
_____________________________________
Amelia M. Villegas, Print Name

PLANNING DEPARTMENT
City of Guadalupe
918 Obispo Street
P.O. Box 908
Guadalupe, CA 93434
Tel (805) 356-3903
To: Mr. Mayor and City Councilmembers
From: Larry Appel, Contract Planning Director
Date: May 1, 2022 Planning Report Covering April 2022

MINISTERIAL PROJECTS
Zoning Clearances Approved 5
Zoning Clearances Denied 0
Zoning Verification Letters 0
Business Licenses Approved 1
Business Licenses Denied 0
ADUs approved 7

DISCRETIONARY PROJECTS
The following projects are in for Planning Department review and have been worked on during April:
 Sign Ordinance – First reading approved on April 26th. Second reading set for May 10th.  General Plan Update – Staff returned final corrections to EMC so they will be able to produce the Mitigated ND and prepare for public circulation .
 2020-003-GPZ/2020-101-LLA Almaguer GPZ/LLA heard by Council 8-24. Final LAFCo application material submitted to LAFCo and the Surveyor on January 28th.  2021-098-TTM/2021-099-TTM - DJ South tract maps being processed. Applications deemed Complete for processing 1-28-22 for TTM -098, working on final conditions of approval before staff report is prepared with Resolution. Hearing set for May 10th. TTM -099 remains incomplete for processing
 2022-001-GPZ La Guardia Townhomes deemed Incomplete second time for access issues.  2022-016-GPZ Snowy Plover map and design review deemed Incomplete  2022-015-LM - Gowing Voluntary Lot Merger to combine two substandard parcels to create a legal lot in the R-1 zone at 4679 Seventh Street. Application under review by Planning and Public Works.
 2022-027-CUP/2022-030-DR - Conditional Use Permit for Patrick Kimbell to allow 24 affordable apartments in a new 3-story building and Design Review to allow renovation of upstairs space for three apartments at 823 Guadalupe Street. Applications under review.  2022-034-CUP - Conditional Use Permit for Central Coast Processing, LLC to allow processing, bulk packaging, and transportation of cannabis at 151 Obispo Street. Application under review.

If any Councilmember is interested in a particular project or would like to know its status, please let me know and I would be happy to provide the information Agenda Item No. 7J 1.

Ministerial Permit Report– April 2022
(Reported 5-1-2022)
Zoning Clearance Approvals
2021-128-ZC T-Mobile Generator 4550 10th Street
(revised location)
2022-024-ZC Ramirez Rear Paving 4857 Hernandez
2022-025-ZC AT&T Antenna Replacement 4550 Tenth Street
2022-031-ZC Pioneer EV Charging Station 856 Pioneer Street 2022-036-ZC ;Gonzalez Front Paving 302 Obispo
ADU Approvals
2022-019-ZC Anaya ADU 393 Campodonico
2022-021-ZC Pereira ADU 4733 Mary Knoll Drive
2022-022-ZC Mahoney ADU 147 Tognazzini Avenue
2022-023-ZC Hernandez ADU 184 Avocet Court
2022-026-ZC 12th Street ADU 4588 Twelfth Street
2022-029-ZC Ramerez ADU 5152 Blue Heron Lane
2022-025 ZC Valdez ADU 5160 Sandpiper Lane
Business License Approvals
AB Skilled Staffing HR Support 4444 La Joya
Business License Denials
None
Guadalupe City Planning Department
Planning Processing Summary for April 2022
(5-1-22 update)
Case No. Name Submittal
Date
Comp. Date Status OK for Bldg.

Permit Issuance
2021-098-TTM $$ DJ Farms South
Tract map
Sept 2021 Complete
1-28-22
Staff report and Resolution being
prepared for City Council hearing on May
10th
NO
2021-099-TTP $$ DJ Farms South
Tract map
Sept 2021 Incomplete
10-1-2021
Staff dealing with issues of RxR
crossings and emergency access.

NO
2020-101-LLA $$ Almaguer

LLA/GPZ
Oct 2020 Complete LAFCo reviewing along with Surveyor NO N/A
$$ thru SB2 grant
General Plan
Update
2019 City
Council
authorization
N/A Final staff comments on IS transmitted to
EMC for preparation of the Draft MND
N/A
2022-001-GPZ
2022-002-DR
2022-003-LM
La Guardia
Townhomes
1/28/22 Incomplete
Second time
Project deemed INCOMPLETE a second
time to deal with legal access issues.

NO
2022-016-GPZ
2022-017-DR
2022-018-VTTM
Snowy Plover 3-10-22 Incomplete
4-09-22
Project deemed Incomplete for
processing.

NO
2018 -133 OA
No$
Sign Ordinance 2/24/20 N/A First reading of ordinance approved by City Council on 4-26 with second reading
scheduled for 5-10. Minor changes
needed.

N/A
2022-027-CUP
2022-030-DR
Kimbell
Apartments
INC May 6 24 new apartments with three apartments
in converted second floor
NO
2022-034-CUP Central Coast
Processing
INC May 18 30-day review of new application NO
2022-015-LM Gowing Merger Complete Merger being prepared to provide a legal house site
NO
No$ = unreimbursed planning work
$ = projects where a fixed fee has been paid
$$ = projects where a variable fee / deposit is made and the applicant is billed for time beyond the initial deposit // 5-1-22
Agenda Item No. 7J 2.

1 Public Works/Engineering Report
April 2022
Development
Pasadera
On April 11, City staff met with the Pasadera development engineer in the field to review final elements necessary to dedicate public facilities from Lot 5 to the City.

Other
On April 8, Public Works staff worked with the development engineer to discuss several items associated with the Snowy Plover development, including sewer easements, trunk main alignment in size, storm water requirements, and access issues. After discussing them with the development engineer, Public Works concerns were transmitted to planning.

On April 26, Public Works staff reviewed 3 encroachment permit applications.

On April 27, Public Works staff finalized and forwarded a hold harmless agreement to the property owner at 4659 7th Street regarding the force main under this property.

Facilities
City Hall
On April 12, City Council approved a contract with Ashley and Vance Engineering to perform a structural engineering assessment of City Hall in advance of the development of plans and specifications for roof replacement. Initial assessment of the building is scheduled for May 2, 2022.

Three quotes ranging in price from $15,450-$22,800 were received for replacement of the heating units in City Hall auditorium. City staff sent an agreement to the low bid, Ocean Air.

Heater installation is scheduled for May 10.

Public Works staff worked with a contractor to begin emergency repair work on the electrical system in the Police Department. A contract was fully executed on April 26 to proceed with Agenda Item No. 7J 3.
2 $23,495 in electrical work to correct dangerous electrical conditions in the north wing of City capital
General
Special projects
Public Works staff worked on several special projects requested by others along with normal tasks of emptying streets trash cans twice a week, daily street inspection, bulky trash pickup, and weekly cleaning of the pedestrian bridge in the month of April including:

• April 6: 2021 Trunk Main Improvement weekly field meeting. Final walkthrough for Leroy Park and community Center. Coordinated repairs at Council Chambers. Worked on getting estimate for various tasks needed for City Hall Auditorium. • April 7: Sprayed weeds in Treasure Park development, Highway 166, Obispo, and O’Connell softball field. Filled potholes, including Second Street. • April 8: Trash pickup, including alleys, safety training, vehicle maintenance. • April 11: Pasadera walkthrough, weeding
• April 12: corp yard cleanup
• April 19: bus shelter removal across from Senior Center and landfill trip for disposal. • April 21: rent and return forklift. Accept delivery at wastewater treatment plant of O’Connell Park play structure and nine bus shelters.
• April 25: coordinate continued tree trimming. Seal cracks at American Legion stairs. • April 26-28: install bus shelter at 10th and Senior Center.

The Public Works Director participated in the following meetings in April:
• April 4: interview two potential candidates for wastewater treatment plant operator-intraining. • April 5: interview two additional potential candidates for wastewater treatment plant operator-in-training.
• April 6: Leroy Park final walkthrough, 2021 trunk main improvement project weekly field meeting.
• April 7: TTAC/TPAC/JTAC monthly committee meetings for Santa Barbara County Association of governments (SBCAG).
• April 11: Pasadera Lot 5 final walkthrough, regional climate collaborative grants webinar, virtual meeting with 3CE regarding funding for electric bus. • April 12: Solid Waste meeting, interview additional potential candidate for wastewater treatment plant operator-in-training.
• April 14: West Main Street waterline preconstruction meeting, 2021 trunk main improvement project field meeting.
3 • April 15: virtual meeting with Regional Water Quality Control Board regarding wastewater treatment plant permit application.
• April 18: goal setting, initial meeting with Ashley and Vance Engineering regarding City Hall structural assessment, virtual meeting with PG&E regarding electric bus charging station installation.
• April 19: virtual meeting regarding consolidated permit application for transit funding through BlackCat.
• April 20: water shortage contingency plan template development for small water systems.
• April 21: broadband meeting.
• April 25: meeting with Taylor Farms representative, discuss Highway 1/166 encroachment permits with Caltrans.
• April 26: regional water efficiency program meeting.
• April 27: follow-up interview with top candidate for wastewater treatment plant operator in training.
• April 28: CalRecycle virtual meeting, SBCAG State of Good Repair funding discussion, SEIU meet and confer meeting.

Trees
On April 5, City staff submitted a revised budget for the CaFire Urban Community Forestry Project. The original request of $290,000 was reduced to under $200,000. The City submitted a revised budget of $170,734.49. This revised budget was accepted by CalFire, who issued an agreement for the revised amount to the City in April 22.

The contractor continued trimming trees on April 25 and 27.

LeRoy Park Community Center
City staff continued meeting with the contractor to establish substantial completion.

Outstanding items in April included as-built drawings, lift safety inspection, and building signoff, including Knox box installation.

Streetlight outages
On April 14, staff reported two streetlight outages to PG&E, one at 229 Point Sal Dunes Way, and the other at 2nd Street and Tognazzini.

Staffing
Five candidates were interviewed in April for wastewater treatment plant operator-in-training.

Terms of employment were negotiated with the top candidate on April 28. 4 Parks
O’Connell Park
The play structure for O’Connell Park was delivered to the City on April 18. Bids for installation of the play structure were opened on April 12. Two bids were received, ranging from $30,600- $54,206.42. The fully executed agreement was signed on April 26. Construction is currently scheduled to begin May 23.

Solid Waste
SB 1383
On April 8, Public Works submitted the initial jurisdiction compliance report associated with the organics regulations that went into effect January 1, 2022. This report is necessary in order to release grant funding in the amount of $20,000 to assist the City in meeting SB 1383 regulations.

On April 27, the City received word from the Department of Resources Recycling and Recovery (CalRecycle) approving an award amount of $20,820 to assist the city in implementing SB 1383.

We are to expect a call the next few weeks to discuss details prior to incurring any costs.

On April 28, City staff, Waste Management staff, and CalRecycle staff met virtually for our annual update to discuss the City’s status in meeting current regulations.

Streets
Street Rehabilitation
The 2022 Pavement Rehabilitation Design Request for Proposals were received on April 19. Two proposals were received, ranging from $103,834.00 to $149,040.00. Approval to proceed with low bid will be presented to City Council on May 10.

Local Road Safety Plan
On April 11, the city received a reimbursement check for $38,693.20, grant funds paid to the City for preparation of our Local Road Safety Plan. On April 22, the City received revised drawings from the consultant regarding the intersection at Highway 1/166 to address comments made by Union Pacific Railroad (UPRR). The City needs approval from UPRR prior to making any changes to this intersection consistent with the Local Road Safety Plan. This revised drawing was sent to UPRR on April 25.

Transit
Contract Extension
The City’s existing three-year contract for transit services with SMOOTH expires on June 30, 2022.

Based on a letter from SMOOTH regarding option year rates, the City developed an amendment 5 to the existing agreement, recommending a one-year extension on this contract. This agreement was approved by SMOOTH on April 6 and approved by City Council on April 26, 2022.

EV bus
On April 1, Public Works staff reviewed the California State Department of General Services available options for electric buses. Out of the three available, one appears to meet the City’s needs. On April 11, staff met with 3CE to discuss status and update of grant opportunity of $250,000 towards purchase of this vehicle. 3CE requires a quote for the electric bus to determine the grant quantity. City of Santa Maria staff assisted by providing their latest invoice.

On April 18, the City of Guadalupe sent a letter to the City of Santa Maria in support of their attempts to secure 5339 funding for no-emission transit vehicles.

On April 18, City staff initiated communication with PG&E for a new service at 303 Obispo St. to support a transit vehicle charging station at this facility. PG&E estimates that the new service will take 9 to 13 months to establish. Several rebates are available to the City associated with this installation.

On April 20, the City resubmitted its LCTOP application for $538,000 in funding for an electric transit vehicle, responding to comments from the first review.

Service Changes
Consistent with the Short-Range Transit Plan, the City of Guadalupe will be changing its transit service from a single 75 minute Guadalupe Flyer loop and shuttle service to 2 flyer routes, one one-hour express loop to Santa Maria and one half-hour local loop through town.

On April 27, new bus stop signs were designed to reflect route changes and stops.

On April 28, the new route brochure was sent to consultant Trillium to update the City’s GTFS (online transit data) by July 1.

Bus Shelters
The City received nine bus shelters on April 21. City staff will be installing these shelters. The first bus shelter was installed on April 27 at 10th and the Senior Center.

Water
Regulatory
On April 20, city staff reviewed the electronic annual report due to the State Water Resources Control Board, Division of Drinking Water.

Distribution
An ammonia leak occurred on April 7. The piping was replaced.

On April 19, City staff coordinated with a business owner on a service line failure on Guadalupe Street.
6 West Main Street Water Line Project
This project involves replacing approximately one-thousand feet of 4-inch pipe with 12-inch pipe on West Main Street from Guadalupe Street to Pioneer Street and will improve fire flows to the middle school. The preconstruction meeting was held on April 14. Tentative schedule at this time is construction to begin on June 13, after the end of the school year.

Operations
City staff adjusted water well operations to reduce electrical costs during peak power cost time of day, which is now 4 PM to 9 PM daily. Staff observed operations daily to ensure that the new operational scheme does not negatively impact water supply to the community.

Fire department staff expressed concern that valves along Guadalupe Street were not functional because the valve pots were filled with dirt, and as a result, a hit fire hydrant was not able to be isolated in a timely manner, resulting in the loss of a considerable amount of water. On April 27, water staff completed their review of the status of these valves. They found 76 valves along the length of Guadalupe Street. 61 were able to be cleared by hand. 15 need to be cleared with special equipment. This work is scheduled for May 18.

Wastewater
Regulatory
No overflows occurred in April 2022.

The wastewater treatment plant experienced no violations the month of April.

Wastewater staff met virtually with Regional Water Quality Control Board staff to discuss our permit application. Regional Board staff asked for a handful of additional details but overall indicated that our permit application was good. On April 25, Public Works staff submitted the remaining requested information to the Regional Board.
2021 Trunk Main Improvement Project
This project involves upsizing 3,000 feet of sewer main and is vital for meeting current and future capacity issues, fixing broken pipe, and moving sewer trunk main from private property into the public right-of-way where practicable. The construction on this project is nearly done.

In April, the contractor completed the sewer line installation itself and finished cleanup, paving, manhole lining, videoing, and old main abandonment. One private sewer lateral was relocated the week of April 11. Paving walkthrough occurred on April 14. Unanticipated expenses on this project included a poorly located storm drain, unknown manholes, some adjustments to alignment, and additional paving. At this time, the unanticipated expenses amount to just under $90,000, which is under 5% of this $1.5 million project, which is well under the 15% contingency allowed. Substantial completion estimated for May 3, 2022. 7 Effluent Pump Station Rehabilitation
This project involves the rehabilitation of the effluent pump station at the wastewater treatment plant. It is partially funded through an Integrated Regional Water Management Program (IRWMP) grant. The contractor has already received a Notice to Proceed on this project. Due to the long lead time associated with PG&E review of the electrical installation and the time needed for pump manufacture, construction for this project was rescheduled for February 2022. However, due to supply chain issues, project construction has been delayed to July 2022. The pumps arrived on March 28. Now, we are awaiting the electrical equipment associated with this project.

The 4th quarter progress report was submitted to the Integrated Regional Water Management Program on April 8. This reporting is required as part of the Proposition 1 Round 1 implementation funding of $302,821 associated with this project.

Highway 1 Lift Station Rehabilitation
On April 8, Public Works staff resubmitted the Caltrans encroachment permit application with revised drawings reflecting responses to previous Caltrans comments.

Pioneer Lift Station Rehabilitation
On April 8, staff submitted Project Information Form to be eligible for all or part of $565,386 available through the Integrated Water Management Plan (IRWMP) Proposition 1 Round 2 implementation grant program.
8 Project
Numbers
2021-22
Amended
Budget
2021-2021
Spent April 2022 Update
100 Buildings089-104 Financial Accounting Software 100,000 $ Installation in progress. 089-105 General Plan Update 130,738 $ 62,959 $ Final draft review complete089 – 106 Public facilities master plan (include parks and library) 90,000 $ Not started089 – 107 American Legion wood repair 70,000 $ Not started089 – 108 Building improvements (painting, roof repair, locks, utilities) 145,000 $ 5,861 $ Ashley & Vance hired to assess City Hall and develop roof replacement drawings. 200 Parks
089-201 Leroy Park (Community Center and Site) 2,000,000 $ 2,000,000 $ Construction scheduled for completion April 2022. 089 – 203 Parks Improvements (BBQ, plumbing, play grounds) 120,000 $ 96,026 $ Parks signs, drinking fountain, horseshoe pit fence & mutt mitt stations installed. O'Connell play structure delivered April 21. Installation scheduled to begin May 23. Rubberization deferred to next FY due to supply chain issues. 300 Streets, Sidewalks, Bicycle Facilities089-307 La Guardia and Gularte Lanes Pedestrian Improvements 179,537 $ AHSC grant awarded. 089 – 308 2021 Pavement rehabilitation 1,461,200 $ 1,004,813 $ Completed.089 – 309 Sidewalk repairs 91,800 $ 91,652 $ Completed. 089 – 310 11th St. safe routes to school 133,270 $ AHSC grant awarded. Awaiting tax credits before starting work.089 – 311 Storm drain improvements 40,000 $ Research started. 400 Water
089-406 Elevated Tank Repairs/evaluate antenna revenue 295,000 $ 4,998 $ Inspection complete. Ladder fabrication drawings found 089-407 Advanced metering infrastructure phase 1 200,000 $ Project to be restructured and rebid next fiscal year089-408 SCADA improvements 50,000 $ 10,000 $ Programming completed to reduce electrical costs. 089 – 409 West Main Street water line 450,000 $
Preconstruction meeting April 13. Construction scheduled to begin June 13. Bid cost is $405,119.70 500 Wastewater089-503 Effluent Irrigation Pump Station Rehabilitation (Construction) 522,821 $ Construction scheduled for 7/2022, delayed due to supply chain issues. 089-504 Hwy 1 Lift Station 1,000,000 $ Deferred to FY 22-23089-505 Sewer Main Improvements 1,600,000 $ 1,198,411 $ Construction started November 5. Completion scheduled May 2022. 089-506 Grit system replacement $ 400,000
Pumps serviced. Auger and hopper slated for replacement. Once done, system expected to be operational. Replacement of whole system not needed. 089-507 WWTP equipment (tractor, maintenance boat, AIPS vault) 420,000 $ 20,000 $ Maintenance boats purchased. Awaiting fabrication 600 Transit
089-601 Infrastructure improvements 91,729 $ 56,904 $
Bus shelters delivered April 21. Remaining work to be completed by City maintenance staff. Sample light ordered.

Transfer to CIP fund 089: 9,591,095 $ 4,551,624 $
Completed.

City of Guadalupe
Capital Improvement Projects Budget - Fiscal Year 21-22

PROJECT DESCRIPTIONS
MAYOR’S REPORT
May 10, 2022
(Information below may be subject to change)

1. Goal Setting Task III Background Workshop – May 11th at 6 p.m.

Mr. Robert Perrault met with the management team at the May 3rd managers meeting to discuss the upcoming Workshop Meeting regarding the background for the setting of goals.

A brief agenda will be forthcoming.

To take Mr. Perrault words and as indicated in the original staff report, the Background Workshop is a very important step in the Goal Setting process. It is intended to provide the Council with a current snapshot/ status of the City’s operations. It also offers the opportunity for the Department Heads to tell their department’s story and highlight both the successes and challenges. The presentations should be no more than 20 minutes each and the overall Workshop should be completed in no more than 2hrs. Mr. Perrault will facilitate the meeting and suggests the following order:

Call to Order- Mayor
Roll Call
Opportunity for Public Comment
Workshop Introduction- Facilitator
Finance Department- Finance Director
Public Works- Public Works Director
Public Safety- Public Safety Director
Parks and Recreation- Parks and Recreation Director
City Administration including Planning and Human Resources- City Administrator.

Discussion Regarding Council member setting of Goals.

In terms of the presentations, the Finance Director will provide a financial overview of the City including Revenues and Expenditures for the current year for each of the major funds.

Projections for Revenues for the coming year and identification of any constraints anticipated.

The Finance Director’s presentation may take longer than the 20 minutes because of the financial update for the entire City. Presentations for all Departments should include a brief description of key department responsibilities, the major actions or activities, and projects undertaken during the current year, identification of the staffing to carry out the responsibilities, and the identification of successes and challenges presenting themselves in the current year. This is the time to discuss with the Council the department priorities for the coming year as well as critical projects to be addressed.

Agenda Item No. 10

2. Le Roy Park Phase I Ribbon Cutting – Ribbon Cutting, June 12 Save the Date: Le Roy Park Grand Opening on June 12, 2022, at 1 p.m. There will be live music by Los Compas de Guadalupe. Programming starts at 1 p.m. and food will be served at 2 p.m.

The BBQ will be hosted by the Knights of Columbus.

Future reminder: We should expect another ribbon cutting ceremony for the Le Roy Phase II $1.7M Federal grant in the next year or so when that addition to the building is constructed.

3. Royal Theater Good news! Staff heard on 4/18 that Senator Limon has put the $5M request in the state budget for the Royal Theater project. Since Cunningham has also done this, we have both houses supporting the $5M ask. Staff will be applying for tax credits that could be used for the Royal as gap financing to cover the balance of the estimated $10M project.

4. Facility Coordinator Position.

The City has a new individual taking over the Facility Rental Coordinator position. Mayra Figueroa started during the week of April 25th. Hannah stated that she is excited to add her to the team and look forward to seeing her apply her experience to this position. Please don’t hesitate to say hello.

Amelia Villegas is bringing Mayra up to speed on her system and procedures for rentals. At the time of this written report, Amelia’s last day will be Friday, May 6th. City staff wants to take this opportunity to thank Amelia for her willingness to step into this role until we could find a replacement. Thank you for your time here, Amelia!

5. More Grants. Per the Board, Los Amigos de Guadalupe has been awarded for the Senior Meals Program (both congregate and home deliveries) at $154,000 per year. Depending on performance, the funds could be available for an additional 3 years. LADG indicated they would service 40 congregate meals and 20 home delivery meals. There are 4 items to complete, one being the kitchen permit, before funding it fully approved.

6. Broadband Meeting – May 4th from 5:30 p.m. to 7:00 p.m. Community Meeting – City Council Chambers
EconAlliance Consortium provided a project overview, and then about a 50-minute panel comprised of folks sharing some of the unique needs of various constituents from the community held on May 4th from 5:30 to 7:00 p.m. Very interesting topic of discussion. They thanked the participants, the Mayor, and City Councilmember Antonio Ramirez for their support of the Guadalupe Broadband project meeting that night. Much appreciated the great venue. While it would have been nice to have more attendees, the conversation was stimulating and very valuable to the final strategy document. Grateful to you, Amelia, as well, for her conscientious attention to our event. EconAlliance looks forward to working with Guadalupe on its broadband progress!

7. Cinco de Mayo Veterans Memorial Plaza Event – May 8
th from 11:30 a.m. to 2:00 p.m.

The Recreation and Parks Services Manager Hannah Fuentes will hold an event gathering on Sunday, May 8th from 11:30 a.m. – 2:00 p.m. at the Veterans Memorial Plaza. She would like to have a few food trucks parked in the parking lot and pop-up tents in the grass areas surrounding the parking lot with the parking lot blocked off. The pop-up tents would be to provide educational information regarding the significance of Cinco de Mayo, Mexican cultural information, or fun activities for people to participate in. In addition to food trucks and pop ups, I would like to provide entertainment (i.e., mariachis and ballet folklorico dancers). Outside of the educational significance of an event like this, Ms. Fuentes thinks it is important to provide activities like this to keep the community connected.

8. Guadalupe City Food Bank has been approved to offer two days of food distribution, starting in May. At this writing, the First Thursday of the Month and the Third MONDAY of the month is planned. Our May Food distribution dates are May 5th, Thursday and May 16th, Monday.

Thereafter First Thursdays and Third Mondays of each month.

Hours for the actual food distribution begins at 11:30 AM - 1:30 PM. Food is delivered to the Senior and Community Center at 10:00 AM and volunteers’ bag and prepare food for distribution beginning at 11:30 AM. Updates will be forthcoming, and information was distributed to Food Bag participants on 4/7/22.

9. Agreements with the various groups, such as the Boys & Girls Club, Allan Hancock College, and SER Jobs for Progress, Veterans Hall MOU are ongoing.

10. Le Roy Park Committee members will discuss the Lease/MOU agreement, the current direction is to move forward with an MOU as opposed to a lease. Given this direction, it was suggested that the city obtain from the Club, specific information as to the times, programs, staffing, anticipated attendance, etc., the Club anticipates in utilizing the Le Roy Park. As you are aware, the City Recreation Commission has asked that they be involved in any arrangements and approvals made regarding the use of Le Roy Park, for any organization which includes City run programs, SER, Jobs For Progress interests, Hancock College’s outreach to the City regarding the use of Le Roy Park, etc.

The next step for the Club is to prepare, the anticipated information as per the above, days, times, specific activities the Club will operate, staffing, etc. This information will be presented by the Club, to the Recreation Commission for their input and discussions. With the Commissions input, the Council will have a better sense of direction on how the facility will be functioning.

We understand that there is a need to move these and other use agreements for Le Roy Community Center, forward. The goal of these upcoming decisions is aimed at supporting the needs of the City, Club and other organizations who wish to serve the City youth and residents of Guadalupe.

11. Senior Citizens, Senior Center
Guadalupe Senior and Community Center organizers are offering Several days per week of an open house for local senior citizens until the full meal preparations begin at 4545 10th Street.

Several meetings are planned in coordination with the City of Guadalupe and Los Amigos de Guadalupe to discuss a roll out of the breakfast gatherings targeting local seniors. Updates will be provided when schedules and types of service are offered. This will not involve any prepared meals at the center, just coffee, pan dulce, and the coming out of the Pandemic roll out for Seniors.

12. Le Roy Park - Free Eye Exam- Tentative 8-12-13-2022 At Le Roy Park, on August 12th, 2022, and Saturday, August 13, 2022, Jose Nichols from the Lions Club are working with a non-profit to bring Free eye exams and free recycled glass for all residents that need eye exams and free glasses.

13. Ribbon Cutting.

Councilmember Liliana Cardenas is working with staff to have a ribbon cutting event for our new Jack O’Connell playground equipment. The installation of a new playground at this park is important to celebrate since we have not had one in years. More to come…..

14. CCB Entitlement Process
The City Council approved Commercial Cannabis Business Applicants are commencing with the conditional use process. This entitlement process may take about 2-3 months from initial application period to final council approval.

On May 5th, City staff had a preconstruction meeting onsite with the commercial cannabis manufacturing process operators at 151 Obispo Street. The estimated operation of this plant will be on September 15, 2022.

15. Former Al’s Union Property
The Senior Hazardous Materials Specialist from the Santa Barbara County Public Health Department promised the City Administrator to get a full review of what was submitted to them from the consultant and the cleanup no later than next week. It is the Health Departments recollection that they should be able finalize the Case Closure Summary, update GeoTracker, and of course the final review by the supervisor and then their director before signing off. Once the City Administrator gets the sign off, then he will work with the Contract Planning Director to develop an RFP to solicit developers who will share with the City Council their development proposals for use of the property. Remember: this property is a former Redevelopment Authority property with the Successor Agency and its disposition states in the Long-Range Property Management Plan it must be sold for development purposes.

16. SBCAS Jurisdictional Contract 5-Year Fee Schedule for Guadalupe Based on direction received from the Board of Supervisors on April 19, 2022, the schedule below provides the FY 2022-2023 Year-1 contract amount with the first-year phase out of the General Fund support. The schedule also shows calculations, as shared with the Board, of what the remaining phase out of General Fund support looks like using current cost and revenue calculations. Actual costs will be used for future years, while continuing to adhere to Board direction of continuing the additional phase out of General Fund support over the five-year period.

The above schedule will be used for budgeting purposes for the next 5 fiscal years.

END OF REPORT
Subdivision Tract 29,065 Page 1 of 5 May 10, 2022
Agenda Item No. 11

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of May 10, 2022
______________________________ ____________________________________ Prepared by: Approved by:

Bill Scott, Contract City Planner Todd Bodem, City Administrator SUBJECT: Public hearing to consider subdivision Tract 29,065, (Planning File No. 2021-098- TTM) a Vesting Tentative Tract Map to allow future development on Lots 1 and 2 of Parcel Map 29,063.

EXECUTIVE SUMMARY:

Tract 29,065 is a Vesting Tentative Tract Map to allow future development of two of the parcels established by the Master Parcel Map Tract 29,063. Parcel Map 29,063 is the 4-lot Parcel Map, which establishes the larger parcels from which future subdivisions in DJ Farms South will be derived. Master Parcel Map 29,063 was approved by the City Council in June 2021 and was recently recorded by the County. Tract 29,065 implements two components of the Master Parcel Map. Lot 1 is 21.8-acres and would be subdivided into 104-lots including: 98 lots for single-family detached residential homesites; one lot for a park site; four lots would provide stormwater infiltration; and one lot for supporting open space uses. Lot 2 would establish a flood control basin on the 9.16-acres. The project site is part of the 85.1-acre area, south of the Union Pacific/Santa Maria Valley railroad tracks, identified as Pasadera South.

RECOMMENDATION:

That the City Council receive a presentation from staff and consider Tentative Tract Map 29,065 by the following the procedures a-c below:
a) Presentation of staff report (Bill Scott, Contract City Planner) followed by questions of staff from City Council.
b) Conduct a public hearing to consider any comments from the applicant and the public; and
c) Approve Resolution 2022-38 to conditionally approve the Tentative Tract Map 29,065.

BACKGROUND:

DJ Farms Specific Plan
On November 13, 2012, the City Council, by Resolution no. 2012-29; adopted the revised version of the DJ Farms Specific Plan. The Specific Plan area covers 209-acres and establishes the Bill Scott
Subdivision Tract 29,065 Page 2 of 5 May 10, 2022
development parameters for a mixed-use community consisting of up to 802 residential dwelling units, 250,000 square feet of commercial uses, 12.5-acres for a school site and 15.9-acres for neighborhood serving parks and recreational facilities. As noted above, Tract 29,065 covers two of the four lots established by the previously approved Parcel Map 29,063 in the southerly portion of the DJ Farms Specific Plan. Railroad tracks, owned by Union Pacific Railroad (UPRR) and leased by the Santa Maria Valley Railroad (SMVRR), extend along the northeasterly side of the project site. Union Pacific Railroad tracks abut the subdivision site to the west.

Most of the Lot 1 project area is currently under agricultural cultivation. A narrow drainage swale had historically traversed through the center of the Lot 2 site. That area was recently rough graded. The future Lot 2 basin site has been excavated; and just west of the basin site, a large mound of soil has been stockpiled that will ultimately become the westerly Obispo Street bridge approach. The previous excavation and stockpile were approved after a biological survey was completed and a grading permit was issued by the City Engineer.

Pasadera South
As noted above, the current Tract 29,065 would establish 98 lots for single-family detached residential use; a 0.65-acre park site, four lots for required Low Impact Development (LID) stormwater infiltration; and one 0.78-acre Lot for open space use. A regional stormwater retention basin on 9.16-acres will serve the Pasdera South developments. The Tentative Tract Map is attached as Exhibit C.

Other Project Components
Railroad Buffer: The tentative tract map establishes a 60-foot-wide railroad setback between the SMVRR railroad tracks and the Lots 1 – 25 homesites on the north side of the subdivision. A 100- foot setback is provided between the UPRR railroad tracks and Lots 41, 42, 67, 68, 86, 96 and 100, on the west side of the subdivision. The railroad buffers implement the noise and vibration requirements established by the Specific Plan EIR.

Perimeter Walls: The tentative tract map depicts minimum 6-foot-high masonry walls along the northeasterly, southeasterly, and westerly perimeters of the subdivision. The walls provide both sound attenuation and privacy for homes along the perimeters of the subdivision.

Sons of Guadalupe Street Names: The Pasadera South subdivisions will recognize the names from the “Sons of Guadalupe – Killed in Action and WWII Veterans” list. In Tract 29,065, the main thoroughfare that connects all four of the lots in Pasadera South has been named “Kurkokawa Drive” after fallen local soldier Ben Kurkokawa. Also, “Rico Drive,” is named for serviceman Raymond Rico another fallen local hero. Rico Drive connects Arroyo Seco Road and Kurkokawa Drive in the southerly portion of Lot 4 as shown on Master Parcel Map 29,063. Additional streets in Pasadera South will further be available to commemorate other heroes from the “Sons of Guadalupe” list.

Public Transit: The tract map designates a bus route generally in the easterly part of the future Lot 1 neighborhood. The bus route is shown to extend along the Obispo Street extension and connects to the easterly Lots 3 and 4 along future Kurkokawa Drive. The preliminary location of at least one bus stops has been identified in the Lot 1 neighborhood.

Subdivision Tract 29,065 Page 3 of 5 May 10, 2022
Development Agreement: The tract map has been conditioned to ensure its implementation is aligned with the financial and infrastructure obligations, and the timing mechanisms established by the associated Development Agreement adopted by City Council Ordinance No. 2012-411; Amendment No. 1 (Ordinance No. 2014-048); and Amendment No. 2 (Ordinance No. 2015-427).

DISCUSSION:

The Land Use, Circulation and Infrastructure elements of the DJ Farms Specific Plan establish virtually all the development parameters for this subdivision. However, as a first step staff evaluated the tract map for conformance to the applicable provisions of Title 17 of the Guadalupe Municipal Code (the Subdivision Ordinance). For example, Section 17.20.020 establishes the regulations for tentative map form and content, and Section 17.32.030 sets a maximum lot width to depth ratio for new subdivisions. The tract map was found to meet all the applicable standards stipulated by the Guadalupe Subdivision Ordinance.

Specific Plan Conformance
The 98-single-family lots proposed under Tract 29,065 are zoned R-1-5000, have a minimum size of 5,000 square-feet: and range in size from slightly over 5,000 square-feet to over 10,000 squarefeet (Exhibit C - Tentative Tract Map). Two residential lots, Lots 1 and 2 are “flag lots,” having unusually lengthy driveways and no building presence at the street frontage. The flag lot configuration could be inconsistent with the “Cohesive Community Design” intent of the Specific Plan. However, given the challenge presented by this end of cul-de-sac location, and the very limited use of this lot design approach, the two flag lots are deemed to be acceptable in this case.

Consistent with the Land Use Plan, Lot 99 is depicted as a 0.65-acre park site; and Lot 104 (0.78- acre) depicts another future open space area. The remainder of the lots in the Lot 1 subdivision, Lots 100 – 103, would serve as stormwater infiltration basins. The larger Lot 2 basin will be fully installed and functioning prior to the first occupancy issuance. In addition to its flood control purpose the Lot 2 basin will establish a protected “native area” planted and maintained with special status native plant species to the specifications of the project’s Environmental Impact Report. The developer will install the associated streets and utilities to serve to subdivision.

The Planning Department has found that the design of the map, the configuration of the lots, the location of the land uses, and the roadway alignments are in full conformance with the Zoning Map (Attachment 2) and the Road Plan contained in the DJ Farms Specific Plan. Furthermore, the tract map is conditioned to ensure each stage of development will be implemented as specified by the environmental Mitigation Monitoring Program established for the project.

Site Access
As shown on the tract map, primary access to the Pasadara South subdivisions will be from Obispo Street, extending over the railroad tracks from the north. The Obispo Street bridge, (a 76-foot-wide right-of-way collector street), has a 56-foot-wide roadway width, and includes: a 28-foot-wide roadway with 6-foot-wide sidewalks and 8-foot bike lines on both sides of the roadway. The Obispo Street bridge will be fully constructed by the developer and operational prior to the first occupancy for the homes south of the railroad. To the west, the Arroyo Seco Road bridge is of similar design and will provide secondary access. The Arroyo Seco bridge will be installed and operational before occupancy of the 210th dwelling in Pasadera South. The City Subdivision Tract 29,065 Page 4 of 5 May 10, 2022
Engineer has endorsed the street alignments and roadway sections as shown on the tract map.

Temporary Construction Access
The Obispo Street bridge is currently under review by the Union Pacific Railroad. While the bridge is under structural design review and construction, the project developer proposes a temporary construction access route, extending along a farm road, from Brown Road, roughly

1.5 miles to the south (Attachment 4). The applicant has provided written approval from the property owner for use of this temporary access route. The City Engineer has endorsed the Brown Road/farm road access route. However, the Fire Department has stated the length and condition of this roadway is not acceptable to accommodate emergency vehicle access.

Therefore, any temporary construction would be limited only to earthwork such as grading, installation of underground utilities, and other surface improvements.

Temporary Emergency Access
As noted, the Fire Department has stated, horizontal construction such as site grading and work on underground utilities is acceptable, however, any activity involving combustible materials (e.g., vertical home construction) shall not be permitted. The tract map is conditioned to specify, no building construction may begin until the Obispo Street bridge is fully operational, or a suitable emergency route is identified to the specifications of the Fire Department. As conditioned, the temporary access routes meet the specifications of the City and makes available the maximum of construction flexibility for the developer.

Conclusion
As discussed above, the design of the Map, its land uses, and roadway alignments meet the specifications of the DJ Farms Specific Plan. As conditioned, the Map will meet requisite City specifications, and will provide the developer with a maximum degree of flexibility. The tract map will be implemented in full compliance with the environmental measures identified in the Project EIR. The associated roadways, utilities, public facilities, and infrastructure will be more precisely defined and implemented during the subsequent Final Map, Improvement Plan and Grading Plan stages for subdivision Tract 29,065.

Supplemental Documents referenced:
• Sound Level Assessment, Proposed DJ Farms Subdivision, prepared by David Lord, Acoustics, dated May 27, 2014
• Pasadera CRLF Evaluation, prepared by Regan Biological and Horticultural Consulting, dated September 17, 2020
• DJ Farms Development Phase 1 Annual monitoring Report, prepared by WRA Environmental Consultants, dated December 31, 2019
• A Programmatic Biological Opinion, prepared by US Department of Interior, Fish and Wildlife, dated January 1999
• DJ Farms Habitat and Mitigation Plan, prepared by WRA Environmental Consultants, dated January 2006, last revised September 2008.

CEQA Compliance
A Final Environmental Impact Report (FEIR) (SCH 1992111025) and Addendum to the Final EIR Subdivision Tract 29,065 Page 5 of 5 May 10, 2022
was prepared for the Revised DJ Farms Specific Plan and certified by the City of Guadalupe in November 2012. The Certified Final EIR and Addendum to the Final EIR addressed the physical impacts on the environment resulting from the development plans outlined in the adopted Specific Plan.

The current project is essentially the same project assessed in the Project EIR. The proposed Vesting Tentative Parcel Map (VTPM) would implement the adopted Specific Plan and it would not substantially alter the project previously analyzed in the Certified Final EIR and the Addendum to the Final EIR.

The Mitigation Monitoring and Reporting Program (MMRP) of the EIR. Mitigation measures that are applicable to the proposed VTTM have been incorporated as Conditions of Approval (Exhibit B of Attachment 1). Staff will continue to review the MMRP to ensure that all mitigation measures are incorporated and considered during each future discretionary and development stage. This Vesting Tentative Tract Map has been found to follow CEQA and the MMRP.

Public Outreach.

This is a public hearing item. Notices of the VTTM approval request and City Council public hearing were published in the Santa Maria Times and mailed to all property owners within a 300- foot radius of the project site as required by the City's Zoning Code.

ATTACHMENTS:

1. City Council Resolution No. 2022-38
Exhibit A – City Council Findings
Exhibit B - Conditions of Approval
Exhibit C - Tentative Tract Map Tract 29,065
Exhibit D – Excerpts from Development Agreement
Exhibit E – Mitigation Monitoring Program

2. Zoning Map/Location Map

3. SB County Air Pollution Control District Letter

4. Farm Road Construction Access Agreement
Conditions of Approval 2021-098-TTM May 10, 2022
RESOLUTION NO. 2022-38

A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE CONDITIONALLY APPROVING VESTING TENTATIVE TRACT MAP 29,065 AND ADOPTION OF THE FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT SECTION 15182 AND SECTION 15162.

WHEREAS, in September 2021, GB Land South LLC (the Subdivider), filed Planning application 2021-098-TTM for the Vesting Tentative Tract Map 29,065; to allow development of the two parcels identified as Lot 1 and Lot 2 on that certain Parcel Map entitled Tract 29,063 in the southerly portion of the DJ Farms Specific Plan (Specific Plan) community; and WHEREAS, on November 13, 2012, the City Council, by Resolution No. 2012-29 adopted the revised version of the DJ Farms Specific Plan; and said Specific Plan promotes the development of a mixed-use community consisting of up to 802 residential dwelling units, 250,000 square-feet of commercial uses, 12.5-acres for a school and 15.9-acres for neighborhood serving parks and recreational facilities on 209-acres; and
WHEREAS, said Lot 1 in Parcel Map 29,063 is 21.8-acres in size and Lot 2 is 9.16-acres; and said Tentative Tract Map 29,065 proposes to subdivide Lot 1 into 104 lots for single-family detached residential uses and supportive open space, public facilities, and infrastructure; and Lot 2 would establish a regional stormwater retention basin to serve the DJ Farms south community; and WHEREAS, in accord with the specifications of the Specific Plan, the development proposed under Tract 29,065 consists of 98 single-family residential lots having a minimum size of 5,000 square-feet; and in addition to its regional flood control purpose the Lot 2 basin site will establish a protected area to be planted and maintained with special status native plant species consistent with the mitigation measures in the Specific Plan Environmental Impact Report; and WHEREAS, the Planning Director has found that the design of the map, the configuration of the lots, and the location of the land uses are in full conformance with the Site Plan, the Land Use Plan, and the Zoning Map contained in the DJ Farms Specific Plan; and WHEREAS, the City Engineer has concluded that the roadway network, the street sections, and utility plan shown on the map are in substantial conformance to the Conceptual Road plan, the Circulation Chapter, and the Public Facilities Chapter in the DJ Farms Specific Plan; and WHEREAS, no occupancy shall be granted until permanent roadway access to the development site is established in full accordance with the provisions of the DJ Farms Specific Plan; and shortterm access during each phase of construction shall meet the meet design and safety specifications of the City Engineer and the Fire Department; and WHEREAS, on May 10, 2022, the Guadalupe City Council held a duly noticed public hearing to consider Vesting Tentative Tract Map 29,065; and the City Council opened the public hearing and invited testimony of the proposed project; and
ATTACHMENT 1
Conditions of Approval 2021-098-TTM May 10, 2022
WHEREAS, notice for the public hearing was published in the Santa Maria Times on April 29, 2022; and notices were mailed to individual property owners within 300-feet of the project site on May 28, 2021 as required by the Subdivision Map Act and the Municipal Code of the City of Guadalupe; and
WHEREAS, the Guadalupe City Council at its regular meeting of May, 10, 2022, received public testimony and other evidence at the meeting; and
WHEREAS, The California Environmental Quality Act (CEQA) requires state and local governmental agencies to inform decision makers and the public about potentially significant environmental effects of a proposed project, and ways to minimize those environmental effects, and
WHEREAS, on November 13, 2012, the Guadalupe City Council certified the Final EIR and Addendum to the EIR (SCH 1992111025) (City Council Resolution Number 2012-27); and the City Council adopted CEQA Findings, a Statement of Overriding Considerations, and a Mitigation Monitoring and Reporting Program (MMRP) for the Specific Plan; and WHEREAS, California Environmental Quality Act, CEQA Section 15182 (Projects Pursuant to a Specific Plan) provides that a project shall be exempt from further environmental review where a public agency has prepared an EIR on a specific plan after January 1, 1980; and where the project meets the requirements of Section 15162 (Subsequent EIRs and Negative Declarations), an EIR or negative declaration need not be prepared for a project undertaken pursuant to and in conformity to that Specific Plan; and
WHEREAS, the City Council finds the Vesting Tentative Tract Map 29,065 (Planning Application 2021-098-TTM) is fully consistent with the certified EIR for the Specific Plan, in accordance with the California Environmental Quality Act (CEQA), Section 15182 (Projects pursuant to a Specific Plan) is exempt from further environmental review because the project meets the requirements of Section 15162 (Subsequent EIRs and Negative Declarations) and WHEREAS, the City Council directs the Planning Director to file a Notice of Determination upon approval of the project.

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

Section 1. The recitals and findings set forth above are true and correct and incorporated herein by reference.

Section 2. The City Council does hereby find and determine as follows:
a. None of the findings for denying Vesting Tentative Tract Map 29,065, set forth in Guadalupe Municipal Code Section 17,20.060(B), can be made based on the evidence set forth in the administrative record pertaining to this application as provided before or at the Council hearing on this matter, whether verbal or documentary.

Conditions of Approval 2021-098-TTM May 10, 2022
Section 3. Vesting Tentative Tract Map 29,065, Exhibit C, is approved subject to the Conditions of Approval set forth in Exhibit A of this resolution.

Section 4. The Final Environmental Impact Report and the Addendum to the Final Environmental Impact Report adequately evaluated the potential environmental impacts of the project and meets all the requirements of the California Environmental Quality Act.

Section 5. The project shall be subject to the Development Agreements stipulations; Exhibit D – Excerpts from Development Agreements.

Section 6. The project shall be subject to the Mitigation Monitoring Program, Exhibit E.

Section 7. Acceptance of Conditions. The property owner’s and business owner(s) shall submit affidavits of acceptance of the conditions of approval for this project, including and acknowledgement that failure to comply with the conditions of approval shall constitute grounds for revocation or other enforcement prior to Tentative Tract Map 29,065 (2021-098-TTM) becoming effective.

Section 8. This Resolution shall become effective immediately.

Section 9. 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 10th day of May 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. 2022-38, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held May 10, 2022, and that same was approved and adopted.

ATTEST:
____________________________________ __________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
Conditions of Approval 2021-098-TTM May 10, 2022
APPROVED AS TO FORM:
_____________________________________
Philip Sinco, City Attorney
Conditions of Approval 2021-098-TTM May 10, 2022

EXHIBIT A

FINDINGS FOR APPROVAL
MASTER VESTING TENTATIVE PARCEL MAP TRACT 29,065
(2021-098-TTM)

1.0 CEQA Findings

1.1 CONSIDERATION OF THE CEQA REVIEW AND FULL

DISCLOSURE
The City Council has considered the A Final Environmental Impact Report (FEIR) (SCH 1992111025) and Addendum to the Final EIR was prepared for the Revised DJ Farms Specific Plan and certified by the City of Guadalupe in November 2012. The Certified Final EIR and Addendum to the Final EIR addressed the physical impacts on the environment resulting from the development plans outlined in the adopted DJ Farms Specific Plan.

The current project is the essentially same project assessed in the Project EIR. The proposed Vesting Tentative Tract Map (VTTM) would implement the adopted Specific Plan and it would not substantially alter the project previously analyzed in the Certified Final EIR and the Addendum to the Final EIR.

The Mitigation Monitoring and Reporting Program (MMRP) of the EIR. Mitigation measures that are applicable to the proposed VTTM have been incorporated as Conditions of Approval. Staff will continue to review the MMRP to ensure that all mitigation measures are incorporated and considered during each future discretionary and development stage. This Vesting Tentative Parcel Map has been found to follow CEQA and the MMRP.

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

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

Conditions of Approval 2021-098-TTM May 10, 2022

2.0 City Council Findings

2.1 TENTATIVE PARCEL MAP FINDINGS
A. Pursuant to City of Guadalupe Municipal Code, Section 17.20.060, the Guadalupe City Council hereby makes all the following findings:

1. The proposed map is consistent with the City of Guadalupe General Plan and the DJ Farms Specific Plan.

2. The design or improvement of the proposed subdivision is consistent with applicable General Plans and Specific Plans.

3. The site is physically suitable for the type of future development.

4. The site is suitable for the proposed density of development.

5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

6. That the design of the subdivision or the proposed improvements are not likely to cause serious health problems.

7. That the design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large, for access through or use of property within the proposed subdivision.

8. The design of the subdivision or the proposed improvements meet minimum standards by the City Council.

Conditions of Approval 2021-098-TTM May 10, 2022

EXHIBIT B

CONDITIONS OF APPROVAL
VESTING TENTATIVE TRACT MAP 29,065
(2021-098-TTM)

GENERAL CONDITIONS

1. Project Description: Subject to the conditions set forth below, this permit authorizes Tract 29,065 for the subdivision of that certain 21.8-acre Lot 1 in Master Parcel Map Tract 29,063 by Application No. 2021-098-TTM, on file with the City of Guadalupe. The tract map consists of three sheets, last revised on December 29, 2022. As noted, Lot 1 of Master Parcel Map 29,063 is approximately 21.8 acres and is proposed to be subdivided by Tract 29,065 into 98 single-family home lots. As specified by the DJ Farms Specific Plan the lots are zoned for R-1-5000 single-family detached residential use at a minimum lot size of 5000 square-feet. The project also proposes a park site, four lots for low impact development (LID) infiltration basins, and an open space lot.

The developer will install the associated streets and utilities to serve to subdivision.

As part of the regional drainage for the Pasadera development, a drainage basin is proposed to be constructed on Lot 2 as shown on Master Parcel Map 29,063. The basin will be fully installed and functioning prior to the first occupancy issuance.

Access to the development will be from Obispo Street north of the Santa Maria Valley Railroad (SMVRR). A new bridge will be constructed to extend Obispo Street over the railroad tracks. The Obispo Street bridge will be fully constructed by the developer and operational prior to the first occupancy for the homes south of the railroad. The Arroyo Seco Street bridge will, provide secondary access; and will be installed and operational before occupancy of the 210th dwelling. The Obispo Street bridge is currently under review by the Union Pacific Railroad. While the bridge is under structural design review and construction, this Map is conditioned to require the project developer to provide written authorization or other acceptable verification to the City Engineer authorizing the use of any temporary access route for construction.

The Developer has submitted a copy of the signed Farm Road Agreement with the property owners which demonstrates temporary use of a private road is authorized.

The temporary construction access route, extending along a farm road from Brown Road, approximately 1.5 mile south of the project site, is deemed to be acceptable by the City Engineer. The Fire Department has stated the length and condition of the Farm Access Road is not suitable to accommodate emergency vehicle access.

Therefore, temporary construction shall be limited only to grading, underground utilities, and other surface improvements. No “vertical construction” shall commence, and no single-family home building permits shall be issued until the Obispo Street bridge is fully operational or another emergency access route has been approved by the Fire Department.

Conditions of Approval 2021-098-TTM May 10, 2022
Each component of the development shall be found to meet the applicable standards of the DJ Farms Specific Plan. The Planning Department has found the locations and configuration of the lots and land uses established under this tract map to be consistent with the Conceptual Site Plan; the Land Use Plan; and Zoning Map (Figures III-2; Figure III-3 and Figure III-4), of the DJ Farms Specific Plan. Furthermore, the roadway alignments and rights-of-way are determined to be substantially consistent with Specific Plan Figure IV-3 (Conceptual Road Plan). Infrastructure, including all requisite roadways and utilities shall be constructed to meet or exceed Specific Plan standards to the satisfaction of the City Engineer. Deviations may require amendments to the permit, including additional CEQA review. Deviations without the above-described approval will constitute a violation of the permit approval.

2. The implementation of this tentative map shall comply with the financial and infrastructure obligations, and the timing mechanisms established by the Development Agreement adopted by Ordinance No. 2012-411; Amendment No. 1 (Ordinance 2014-048); and Amendment No. 2 (Ordinance No. 2015-427). Excerpts from the Development Agreement are attached hereto and incorporated by reference.

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

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

5. In accordance with Sections 17.28.010 of the City Municipal Code, a final tract map shall be recorded within a period of 18 months after he approval of the tentative tract map by the City Council.

Conditions of Approval 2021-098-TTM May 10, 2022

ENVIRONMENTAL CONDITIONS
The following mitigation measures are established by the Environmental Impact Report and Mitigation Monitoring Program entitled: DJ Farms EIR, approved by the Guadalupe City Council by Resolution 2012-27, on November 13, 2012, attached herein and incorporated as Exhibit D. These measures shall be implemented by the project to the satisfaction of the Planning Department, the City Engineer, and the Building Official as specified by the mitigation Monitoring Program. The timing for implementation of each measure shall be as specified in the Mitigation Monitoring Program.

Aesthetics and Visual

6. MM 3.1-2: The applicant shall prepare and submit detailed building and landscaping plans to the City. The Plans must be determined by the City staff to be consistent with the design guidelines contained in the Revised DJ Farms Specific Plan and other City requirements prior to the issuance of any building or landscaping permits for development of the project site.

7. MM 3.1-3: Prior to Final Map approval and recordation, the Applicant shall prepare and submit a detailed exterior lighting plan that indicates the locations and type of lighting that will be used. The exterior lighting shall demonstrate a unintrusive quality. All external lighting shall be indicated on the project improvement plans as they are submitted for future site development.

Air Quality.

8. Air Quality mitigation is updated and is consistent with MM 3-2.1a and 3-2.1b. The Air Quality measures are provided in the transmittal from Santa Barbara County Air Pollution Control District, dated October 13, 2021, and attached hereto and incorporated by reference; and Air Quality Dust Control mitigation is provided below by these conditions of approval.

Biological Resources

9. M.M. 3.3-5: To maintain consistency with the measures listed under the Programmatic Biological Opinion issued by the US Fish and Wildlife Service (January 26, 1999), the following mitigation will be required.
• Prior to construction, a US Fish and Wildlife Service approved biologist shall survey the drainage outlet on the western perimeter and associated channel two weeks prior to construction.
• If California red-legged frogs are present on the project site, the biologist will contact the Service ad receive authorization to capture and relocate the frogs to a Service approved location. If frogs are observed, the biologist or a site monitor (as designated by the biologist) will be present until the ditch is drained or graded. If no frogs are found, the site will be deemed clear and if no frogs are found, the site will be deemed and clear and a screen will be placed over the drainage pipe leading to the off-site drainage ditch. All other measures listed below will be implemented.

Conditions of Approval 2021-098-TTM May 10, 2022
• All construction personnel will receive a training session which shall include a description of the California red-legged frog and its habitat, the importance of redlegged frogs, and the areas where such frogs may occur. If present on the project site.
• All fueling and maintenance of vehicles and other equipment shall occur at least 20 meters from any elements of the drainage channel proposed to remain within the project site into the off-site agricultural ditches.
• To control erosion, the project and after project implementation, the project will implement best management practices, as identified by the Regional Water Quality Control, Board.

10. MM 3.3-8: The project applicant shall obtain the necessary state and federal permits required under federal and state law that is applicable to the project and shall obtain the required permits or concurrence from the authority prior to issuance of grading permits.

The project applicant shall comply with all permit conditions and employ best management practices and measures (established by the Corps) to minimize and compensate for potential impact to any jurisdictional waters. Wetland delineation and mitigation details shall be noted on the design.

11. MM 3.4-2a: The following language, or equivalent, shall be included in all construction contracts and permits issued within the project area.

As a condition of project approval, if any prehistoric or historic artifacts or other indications of archaeological resources are found once project construction is underway, all work in the immediate vicinity must stop and the City of Guadalupe shall be immediately notified. An Archaeologist meeting the Secretary of Interior’s Professional qualifications Standards in prehistoric or historical archeology, as appropriate, shall be retained to evaluate the finds and inadvertently discovered cultural resources.

12. MM 3.4.2b: As a condition of project approval, if human remains are discovered once project construction is underway, all work must stop in the immediate vicinity of the find and the County Coroner must be notified, according to Section 7050.5 of the California Health and Safety Code. If the remains are determined to be Native American, the coroner will notify the Native American Heritage Commission the procedures outlined in CEQA Section 15064 5(d) and € shall be followed.

13. MM 3.4-3: The following language or equivalent, shall be included in all construction contract and permits issued within the project area:

As a condition of approval, if any paleontological resources (fossils) are found once project construction is underway, all work in the immediate vicinity must stop and the City of Guadalupe shall be immediately notified. A qualified paleontologist shall be retained to evaluate the finds and recommend appropriate mitigation measures for the inadvertently discovered paleontological resources.

Conditions of Approval 2021-098-TTM May 10, 2022
Geology and Geologic Constraints

14. MM 3.5-1a: All future residential development within the Specific Plan area shall be designed in accordance with the requirements of the current edition of the California Building Code and the recommendations contained within the Preliminary Soils Engineering Report (dated October 11, 2002), and the Soils Corrosivity Study (dated May 21, 2003), subject to review and approval by the City of Guadalupe. These recommendations include but are limited to site preparation and grading; utility trenches; foundations (general, post-tensioned, and conventional); slabs-on-grade and exterior flatwork; retaining walls; pavement sections; and drainage around improvements.

15. MM 3.5-4: The City of Guadalupe shall ensure implementation of erosion prevention and sedimentation control into site preparation and construction activities prior to approval of final improvement plans for subsequent tentative maps proposed within the Specific Plan area. These measures shall be incorporated into all construction contracts and shall be monitored by the City to ensure effectiveness through construction activities at the project site during the rainy season (November 1 through April 15) of each year. Such measures shall include, but not be limited to the following:
• Limit disturbance of soils removed to a minimum area necessary for access and construction,
• Re-vegetate disturbed areas with a mix of seeds best suited for the climate and soil conditions, and native to the region;
• Cover and protect stockpiled soils during periods of rainfall. • Inform construction personnel prior to construction and periodically during construction activities of environmental concerns, pertinent laws and regulations, and elements of proposed erosion control measures.
• Adhere to construction schedules designed to avoid periods of heavy precipitation or high winds; and
• Ensure that all exposed soil is provided with temporary drainage and soild protection when construction ceases during winter periods.

Hazards and Hazardous Material

16. 3.6.6: If significantly contaminated soil and/or ground water, other than what has been identified and mitigated for in the DJ Farms Specific Plan EIR, is encountered during the removal of on-site debris or during excavation and/or grading both on and offsite, the construction contractors shall stop work and immediately inform the City of Guadalupe Fire Department. A City approved environmental Hazardous materials professional shall be contacted to conduct an on-site assessment. If the materials are determined to pose a risk to the public or construction workers, the construction contractor shall prepare and submit a remediation plan to the appropriate agency and comply with all federal, state and local laws.

Hydrology and Water Quality
Conditions of Approval 2021-098-TTM May 10, 2022

17. MM 3.7.1a: Prior to issuance of grading permits and as part of Final Map Submittals, project applicants shall submit drainage and erosion control plans ensuring that drainage plans are consistent with the drainage concepts for the project and that stormwater discharge volumes into the receiving drainage system are equal to or less than runoff from the site prior to initiation of the project, in accordance with Santa Barbara County Flood Control District Standards.

18. MM 3.71a: In accordance with current State regulations, all future development resulting in grading or excavation that disturbs five acres or more shall require coverage under the NPDES General Permit. Prior to issuance of the first grading permit, the project applicant shall prepare a Stormwater Pollution Prevention Plan (SWPPP) that documents best management practices (filters, traps, bio-filtration swales, et.) to ensure that urban runoff contaminants and sediment are minimized. The erosion control measures necessary to control runoff shall be in place during the rainy season (November 1 through April 15) and which measures shall be in place year-round. The SWPPP shall be consistent with CCWQCB standards.

19. MM 3.7-2: Prior to issuance of a grading permit and as part of final Map submittals, the Applicant shall include detailed engineering plans for on-site stormwater and detention facilities for review and approval by the City Engineer, as well as other approving or permitting agencies.

Land Use and Agriculture

20. MM 3.8-3a: The applicant shall demonstrate on all maps and development plans, including landscaping plans, a minimum 100-foot agricultural buffer on the eastern, southern, and western boundaries of the DJ Farms site. The minimum distance shall be measured from the nearest habitable structure to active agricultural operations on adjacent farms. Consistent with the project proposal, the buffer will be fully landscaped and incorporate tree windows along the inside (residential boundary) and along the property line (agricultural boundary). The Landscape Buffer shall be established and implemented in accordance with the specifications of the Pasadera Landscaping and Lighting District, City of Guadalupe, County of Santa Barbara.

21. MM 3.8-3b: To discourage trespassing and vandalism on the adjacent farms to the east and south, a six-foot view-type fence shall be installed along the property boundary. The type of material shall be determined during the site plan review process.

22. MM 3.8-3c: Consistent with notification required by Santa Barbara County as a component of the Right-to Farm Ordinance, the City of Guadalupe shall require the recordation of an Agricultural Notification Statement to run with the Title on all properties sold and resold in the proposed development area. The statement shall inform any future property owners of the continuations of agricultural activities in the area and shall disclose the potential effects of agricultural activities on adjacent land uses to future project residents.

Conditions of Approval 2021-098-TTM May 10, 2022
Noise and Vibration

23. MM 3.9-1a: All structures constructed near noise generators (roadways and railways) shall be designed and constructed to meet the City’s residential indoor noise standard.

These measures will likely include sound rated windows and doors. Depending on the proximity of the residences to the railroad tracks, special exterior wall construction might also be required. According to City policies, those residences that must have their windows closed to meet the prescribed interior level will require a ventilation or airconditioning system to provide a habitable interior environment Building plans shall be subject to review and approval of final maps, the applicant shall submit acoustical design data to the City specifying the type and effectiveness of the proposed noise attenuation measures.

24. MM 3.9-1b: In residential areas along the UPRR corridor, homes with backyards within 125 feet of the tracks will require a noise barrier to reduce the backyard (exterior) Ldn to 60 dBA. Noise attenuation measures (such as the construction of sound walls, berms, or a combination of both) shall be required of sufficient height to achieve the City’s maximum acceptable Ldn of 60 dBA for low density residential land use. Final maps shall demonstrate the design of any such feature. Design of noise attenuation features shall be accompanied by supporting documentation (acoustical report) quantifying the design’s effectiveness.

25. MM 3.9-2: Habitable structures within the project area shall not be constructed within 100 feet of the UPRR track centerline, nor within 60 feet of SMVRR track centerline. Final Maps for the project shall illustrate these distances for review by the City of Guadalupe.

26. MM 3.9-4: The applicant shall submit a noise mitigation plan as part of the building permit application that will include, but not be limited to:
• Noise generating construction activities will be limited to weekdays between the hours of 7:00 am and 7:00 pm,
• Construction schedule showing the dates and location for activities • List of equipment to be used during each major construction phase and sound level estimates for each phase.
• Truck routing to minimize noise at existing noise sensitive uses. • Designation of a construction noise coordinator that will be responsible for implementing the noise control measures and responding to complaints. This person’s name and contact information should be posted clearly around the project site.

Traffic and Parking

27. MM 3.11-1a: Prior to Final Map approval, the applicant shall obtain an encroachment permit from Caltrans for all work constructed in State Highway right-of-way. Additional improvements required by Caltrans t accommodate the project during the encroachment permit phase, shall be incorporated into the project and funded by the developer.

Conditions of Approval 2021-098-TTM May 10, 2022

28. MM 3.11.1b: The proposed access locations on State Route 166 at Obispo Street and Flower Avenue will align with the existing access locations on the north side of Routh 166.

Prior to issuance of any building permits for the first phase, the applicant shall install STOP signs on the southbound approaches of Obispo Street and Flower Avenue.

29. MM 3.11.1c: Prior to issuance of building permits for the first phase, the Applicant shall develop a Traffic Count Program to be tied to the construction phasing. The Traffic count Program shall monitor the intersections at Highway 166/Highway 1. Highway 166/Obispo Street and/or Highway 166/Flower Avenue to determine when the actual operating conditions meet Caltrans operational traffic 12-hour signal warrants. Prior to issuance of building permits for the third phase, or at which point the Traffic Count Program determines that the count exceeds Caltrans traffic 12-hour signal warrants as presented in the Traffic Manuel, whichever occurs earlier, the applicant shall demonstrate that required permits have been obtained and install signals at these intersections. The Caltrans approved Traffic Impact Analysis (prepared by Rick Engineering) includes the requested traffic count. This document is dated December 16, 2019.

30. MM 3.11-1d: Prior to the issuance of certificates of occupancy for the first phase, the Applicant shall make the following improvements (or as approved by Caltrans) to facilitate access to the site:
• A right turn lane will be installed on the eastbound approach to the State Route 166/Obispo Street and State Route 166/Flower Avenue intersections. • A left turn pocket will be installed on the westbound approach to the Highway 166/Obispo Street and Highway 166/Flower Avenue intersections. • A southbound left turn lane shall be installed at the Highway 1/166 intersection. • The southbound and westbound approaches of the Highway 166/Flower Avenue intersections shall be re-striped to include a southbound left turn lane, a westbound through lane and a westbound left turn lane.
• A left-turn, a through lane and a right-turn lane shall be installed at the northbound approaches o the Obispo Street and Flower Avenue intersections with Highway 166. • The project site will be designed to accommodate moving van/truck and emergency vehicle access and trash pick-up.

31. MM 3.11-4a: On-street parking shall be required on both sides of all collector and local Street identified in the project Street Plan and on at least one side of the Type 7 streets.

32. MM 3.11-4b: Off-street residential parking shall be provided in accordance with Section

18.60.030 of the City of Guadalupe Zoning Ordinance as follows:

A) All off-street parking required by this chapter in any residential zone shall be constructed as follows:
• In Single-family residential zones, all such parking spaces shall be covered by a fully enclosed garage.

Conditions of Approval 2021-098-TTM May 10, 2022
B) Parking required in this chapter shall be subject to design review and approval by the Zoning Administrator/Planning Director.

33. MM 3.11.7b: Prior to certificates of occupancy for the first phase, an irrevocable offer of Right-of-Way along the project frontage adjacent to the Route 166 ROW . The minimum right of way required in the dedication would be 25 feet (or as approved by Caltrans). All drainage requirements for the DJ Farms project must be accommodated outside of the State’s rights-of-way. The ROW will be accepted by Caltrans in accordance with the approved PIPs for the Main Street frontage improvements. These are currently under review.

Utilities and Service Systems

34. MM 3.12-1b: Prior to final map approval the applicant shall prepare and submit to the City a Water Conservation Plan that specifies the strategies and specific measures to be incorporated into the project to reduce the total water demand. Such measures may include, but are not limited to the following:
• Incorporation of drought tolerant landscape elements (such as minimal lawn areas and xeriscape concepts), as well as drought tolerant plant species, into required landscape plans.
• Set water user rates that severely discourages water use during dry periods. • Require low flow plumbing fixtures in all new development. • Use of reclaimed water for irrigation.
• Use of captured and treated stormwater for immediate storage and/or for groundwater recharge to the Basin.

CITY ENGINEER CONDITIONS
All the following conditions shall be completed to the satisfaction of the City Engineer prior to recordation of the final Tract Map, unless otherwise stated herein or as agreed by the City Engineer. All references to the Specific Plan are to the Revised DJ Farms Specific Plan, adopted by the city of Guadalupe City Council resolution number 12 – 2012 – 411, August 2012.

All the following conditions shall be completed to the satisfaction of the City Engineer prior to issuance of certificate of occupancy, unless otherwise stated herein.

Drawings/Administrative

35. All engineering submittals and drawings prepared by the applicant's engineershall be signed and sealed by a California licensed civil engineer.

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

37. Consistency with the Specific Plan, Development Agreement and Environmental Conditions of Approval 2021-098-TTM May 10, 2022
document is mandatory for approval.

38. Park development and public facilities fees shall be paid per the master fee schedule, unless otherwise stated in the Development Agreement.

39. Applicant shall submit grading and drainage plans, including a geotechnical report providing technical specificationsfor grading of the site and prepared by a Geotechnical Engineer, to the City for plan checking and comment. Before building permits are issued, address all comments to the satisfaction of the City Engineer.

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

41. Site Maintenance and Landscape: The entire site shall be maintained by the Developer prior to acceptance of the public improvements by the City. The site shall be free of accumulated dirt and litter and in an otherwise neat and attractive manner and adhere to the requirements of the City of Guadalupe Municipal Code. Any graffiti on the property shall be promptly painted out. All landscaping areas in the property shall be permanently maintained with healthy, growing plant material, free from weeds. Dead or dying plant material shall be replaced within one month of plant deterioration. Failure to comply with this condition is a public nuisance and is subject to the adopted citation ordinance of the City of Guadalupe. Upon acceptance of the public improvements by the City, the city will become responsible for the maintenance as noted above. The existing Pasadera Landscape and Lighting District provides funding for the City maintenance noted herein.

Bonding

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

Dedication

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

44. Developer agrees to dedicate Public Worksimprovements to the City.

Conditions of Approval 2021-098-TTM May 10, 2022
Infrastructure improvements

45. Public infrastructure improvements shall be designed and constructed in accordance with the City of Santa Maria standards (adopted by the City of Guadalupe), and the City of Guadalupe standard drawings when available. The decision of the City Engineer shall be final regarding the specific standards that shall apply.

Water

46. No certificate of occupancy shall be issued until the 12-inch water main is installed across Highway 166 at Flower and connected on the north end to the City's existing water infrastructure.
a. All water meters shall be placed adjacent to the curb. b. Landscape area greater than 5,000 square feet requires a separate, appropriately sized irrigation meter.
c. Water main size shall be consistent with the specifications of the DJ Farms Specific Plan.

Sewer

47. All sewer laterals on-site shall be privately owned and maintained. Drawings shall label all privately owned lines as such. Private sewer laterals shall tie into the public sewer main using a wye connection. Sewer laterals shall not be connected to the public sewer main with a manhole.
a. Sewer main size shall be consistent with the DJ Farms Specific Plan.

Storm

48. The project shall comply with all Municipal Separate Storm Sewer System (MS4) requirements. Low Impact Development, best management practices and similar regulations and guidelines shall be met. The design shall comply with the Santa Barbara County Post Construction Requirements, Stormwater Technical Guide, and all future updates.
a. Stormwater control plans are required for all projects with new and replaced impervious surface greater than 2500 ft.2
b. The applicant shall submit drainage calculations or an updated drainage report with the public improvement plans.

49. The design of the Pasadera South Basin shall, as feasible, incorporate a sediment forebay as a post-construction method to slow the incoming stormwater runoff Conditions of Approval 2021-098-TTM May 10, 2022
and facilitate the gravity separation of suspended solids. The design shall be reviewed and approved by the Public Works Director.

50. Submit an Erosion and Drainage Control Plan to the City Engineer forreview and approval prior to construction. The plan shall reflect "Best Management Practices" as proposed in the California Regional Water Quality Control Board Erosion and Sediment Control Field Manual and shall include both temporary measures (to be used during construction, and until permanent measures are completed/established) and permanent measures. Erosion control measures shall be in place and approved by the City before the start of construction. The plan shall include both source control and perimeter containment measures.

All Drainage and Erosion Control Measures shall be designed and sized by a qualified professional.

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

Powerlines

52. All new electrical, telephone, and communication utility distribution service wires onsite and in adjacent easements shall be placed underground.

Street/sidewalk

53. Applicant shall repair any cracked or broken curb, gutter, driveway, and sidewalk within the project area prior to dedication of public facilities.

54. Obispo Street bridge shall be constructed and functional priorto the first certificate of occupancy for pasadera South. The secondary access bridge at Arroyo Seco shall be constructed and functional prior to the issuance of the 210th certificate of occupancy for Pasadera South.

Other

55. Install bus shelter consistent with City of Guadalupe standard in Lot 5 North prior to issuing the first certificate of occupancy in Lot 1 South. The pole for the bus stop signage shall be installed by the Developer. The sign shall be provided and installed by the City.

56. Build perimeter walls adjacent to the railroad prior to issuing the first certificate of occupancy in Lot 1 South.

57. Adhere to all conditions outlined in the APCD's letter, dated October 13, 2021,

PLANNING DEPARTMENT CONDITIONS
Conditions of Approval 2021-098-TTM May 10, 2022

58. Bridge Access: Primary access to the development site will be provided by the new bridge constructed to extend Obispo Street over the railroad tracks. Secondary access will be provided by a new bridge to extend Arroyo Seco Road over the railroad tracks.

The bridges will provide two traffic lanes, bicycle lanes and sidewalks on both sides of the roadway.
• Obispo Bridge: The Obispo Street bridge will be fully constructed by the developer and permanently operational to the satisfaction of the City prior to the first occupancy clearance for the homes south of the railroad. • Arroyo Seco Bridge: The Arroyo Seco Road bridge will be fully constructed by the developer and permanently operational by the city prior to the 210th occupancy clearance for the homes south of the railroad. • Bridge Access: The permanent access right for the bridges over the railroad right-of-way shall be provided in the C&M Agreement between the City and UPRR prior to recordation of a Final Map, for the future subdivisions of Parcels 1, 3 and 4, of Parcel Map 29,063 unless otherwise specified by the City Engineer.

59. Temporary Site Access: Temporary access to the project site will be provided while the permanent bridges are under review and construction. The applicant shall demonstrate written authorization and make necessary improvements to; and for use of, any temporary access route(s) as follows:
a. Temporary Construction Access: A temporary construction access route along a farm road extending from Brown Road to the project site is permitted. A farm road access agreement between the Developer and the property owners has been executed and is attached hereto as Attachment 4. The Fire Department has stated, this access route does not accommodate emergency vehicles. Therefore, until satisfactory emergency is provided, construction activities shall be limited to activities such as grading, installation of public improvements (i.e., underground utilities, streets and other surface improvements).
b. Temporary Emergency Access: No residential building permit shall be issued, and no building construction shall commence until suitable emergency access to the site(s) is provided to the satisfaction of the City of Guadalupe Public Safety Director and the Fire Department.
• If a satisfactory temporary emergency access is not established, no building construction shall commence until the Obispo Street Bridge is constructed and operational.

Conditions of Approval 2021-098-TTM May 10, 2022
• During each phase of building construction, emergency water tanks shall be provided on the south side of the railroad tracks to the satisfaction of the Public Safety Director and the Fire Department. As an alternative to the water tanks, the installation of the City waterline and Fire Department approved location of fire hydrant shall be in place prior to the issuance of building permits.

60. Lot 2 basin: The Lot 2 basin will be fully constructed and operational to Specific Plan standards, to the satisfaction of the City Engineer and Planning Director prior to occupancy clearance of any housing unit in the Pasadera South subdivision(s). The Lot 2 Basin will be landscaped prior to the issuance of the certificate of occupancy for the 99th home within Pasadera South, as follows:
• The Lot 2 Basin shall be constructed and landscaped in accordance with the mitigation measures contained in Chapter 4 of the DJ Farms Habitat and Mitigation Plan, prepared by WRA Environmental Consultants, dated January 2006 and last revised September 2008
• Native landscaping shall be planted and maintained as shown on Figure 4 (Phase 2 – Wetland and Detention), and as established by the above-referenced Habitat and Mitigation Plan, to the satisfaction of the Planning Director.

61. Highway 1/Main Street Sidewalk: Caltrans recommends the project construct a sidewalk on the south side of west Highway 166 to Highway 1 to the specifications of Caltrans.

62. EV Charging stations: The project is encouraged to install electronic vehicle (EV) charging station(s) in convenient locations within the project area as recommended by Caltrans.

63. Public Street Improvements: Prior to approval of an occupancy permit for any of the lots created by this tract map, all public streets, including but not limited to the Obispo Street Bridge, the Obispo Street extension, and all local connecting streets, identified to serve the Lot 1 area, shall be constructed fully to the specifications of the City. The alignment of the streets and the roadway network shall be found by the City to be in substantial conformance to Figure IV-3 (Conceptual Road Plan); and street improvements shall conform to the standards in Chapter IV (Circulation) as specified by the DJ Specific Plan.

Any phasing of the public infrastructure shall be agreed upon by the Public Works Director.

64. Low Impact Development: Each phase of development shall implement Low Impact Development infiltration measures in accordance with the adopted standards established by the Santa Barbara County’s Project Clean water document; and to the satisfaction of the City Engineer.

65. Biological Resources: Areas previously graded on the project site are recognized as consistent with the Site Plan, Land Use Plan, Zoning Map and Conceptual Road Plan (Figures III-2; III-3; III-4 and IV-3), as established by the DJ Farms Specific Plan. The implementation of the previously graded areas is consistent with Mitigation Measure Conditions of Approval 2021-098-TTM May 10, 2022
MM-3.8. This measure requires either federal and state permit issuance or a determination of concurrence by applicable state and federal agencies resulting from a qualified pre-construction survey, prior to any grading activity.

Prior to any new or additional grading, soil disturbance or construction on the territory covered by this tract map, the following measures shall be implemented:
• A US Fish and Wildlife Service (Service) approved biologist shall survey the work areas two weeks prior to construction.
• Prior to any grading activity, the Planning Department will be notified of the results, and provided a copy of the of the survey.
• If California red-legged frogs, tadpoles or eggs are found are present on the project site, the biologist will contact the Service and receive authorization to capture and relocate the frogs to a Service approved location. If frogs are observed, the biologist or a site monitor as designated by the biologist) will be present until the ditch is drained or graded.
• If no frogs, tadpoles, or eggs are found, the site will be deemed clear, and a screen will be placed over the drainage pipe leading to the off-site drainage ditch. All other measures listed below will be implemented.
• All construction personnel will receive a training session which shall include a description of the California red legged frog and its, habitat, the importance of red legged frogs, and the areas where such frogs may occur, if present on the project site.

The training session shall be conducted by a qualified biologist to Service specifications.
• All fueling and maintenance of vehicles and other equipment shall occur at least 20 meters from any riparian habitat or water present within the project site to avoid spills that may flow off the project site into off-site agricultural ditches. • To control erosion during and after project implementation, the project will implement best management practices, identified by the Regional Water Quality Control Board.
• If site grading will occur during the nesting season (March 1 through August 30) preconstruction surveys for nesting migratory birds should be conducted by a qualified biologist prior to any soil altering activity occurring within the project area and a surrounding area of potential effect. The preconstruction surveys shall be conducted within 30 days of any construction or grading activities. • If active nests are located during pre-construction surveys, USFWS and/or CDFT shall be notified regarding the status of nests. Furthermore, construction activities shall be restricted as necessary to avoid disturbance of the nest until it is abandoned, or the biologist deems disturbance potential to be minimal. Restrictions may include establishment of buffer zones or alteration of the construction schedule.

66. Archaeological Resources: During site grading, if any prehistoric or historic artifacts or other indications of archaeological resources are found, all work in the immediate vicinity must stop and the City of Guadalupe shall be immediately notified. An archaeologist meeting of Secretary of Interior’s Professional Qualifications Standards in prehistoric or historical archaeology, as appropriate, shall be retained to evaluate the finds and Conditions of Approval 2021-098-TTM May 10, 2022
recommend appropriate mitigation measures for the inadvertently discovered cultural resources.
• During site grading, if human remains are discovered, all work must stop in the immediate vicinity of the find and the County Coroner must be notified, according to Section 7050.5 of the California Health and Safety Code. If remains are determined to be Native American, the coroner will notify the Native American Heritage Commission and the procedures outlined in CEQA Section 15064.5(d) and (e) shall be followed.
• During site grading, if any paleontological resources (fossils) are found, all work in the immediate vicinity must stop and the City of Guadalupe shall b immediately notified. A qualified paleontologist shall be retained to evaluate the finds and recommend appropriate mitigation measures for inadvertently discovered paleontological resources.

67. Geology and Soils: All future residential development within the Specific Plan shall be designed in accordance with the requirements of the current edition of the California Building Code and the recommendations contained within the preliminary Soils Engineering Report (dated October 11, 2002), the Soils Corrosivity Study (dated May 21, 2002) and an updated soils report by Geo Solutions (dated March 21, 2014). O updates by a licensed Geotechnical Engineer.

68. Erosion Control: Prior to the issuance of building permits, erosion prevention and sedimentation control measures shall be incorporated into site construction plans and contracts. These measures shall be incorporated into the site construction plans and construction contracts.
• Limit disturbance of soils removal to the minimum area necessary for access and construction.
• Re-vegetate disturbed areas with a mix of seeds best suited for the climate and solid conditions, and native to the region;
• Cover stockpiled oil during periods of rainfall;
• Inform construction personnel prior to construction and periodically during construction activities of environmental concerns, pertinent laws and regulations, and elements of proposed erosion measures;
• Adhere to construction schedules designed to avoid periods of heavy precipitation or high winds; and
• Ensure that all exposed soil is provided with temporary drainage and soil protection when construction ceases during winter periods;

69. Soil Remediation: If significantly contaminated soil or ground water is encountered during the removal of on-site debris or during excavation and/or grading both on offsite, the construction contractors shall stop work and immediately and inform the City. A City approved environmental hazardous materials professional shall be contracted to conduct an on-site assessment. If the material are determined to pose a risk to the public or construction workers, the contractor shall prepare and submit a remediation plan to the appropriate agency and comply with all federal, state and local laws.

Conditions of Approval 2021-098-TTM May 10, 2022

70. Veterans Street Names: The applicant is reminded that this subdivision should strive to incorporate street names reflecting local veterans from the approved list of veteran’s names provided by the City.

71. Off-Street Parking: Off-street residential parking shall be provided in accordance with Section 18.60.030 of the City of Guadalupe Zoning ordinance as follows:
• The parking provided for all the homes in this subdivision, shall be covered by a fully enclosed garage.
• Driveway approaches shall be a minimum of twenty feet in length from garage face to the back of sidewalk.
• Parking required by this condition shall be subject to design review and approval by the Zoning Administrator/Planning Director or designee.

72. Air Quality/Dust Control: Prior to grading permit issuance, the applicant shall prepare a dust control plan to control particulate matter (PM10) during grading and site preparation activities at the project site.
• During construction, use water trucks or sprinkler systems to keep all areas of vehicle movement damp enough to prevent dust from leaving the site and from exceeding the APCD’s limit of 20% opacity for greater than three minutes in any 60- minute period. At a minimum, this should include wetting down such areas in the late morning and after work is completed for the day. Increased watering frequency should be required when sustained wind speed exceeds 15 mph. Reclaimed water should be used whenever possible.
• Onsite vehicle speeds shall be no greater than 15 miles per hour when traveling on unpaved surfaces. Install and operate a track-out prevention device where vehicles enter and exit on unpaved roads onto paved street. The track-out prevention device can include any device or combination of devices that are effective at preventing track out dirt such as gravel pads, pipe-grid track out control devices, rumble strip or wheel washing systems.
• If importation, exportation, and stockpiling or fill material is involved, soil stockpiled for more than one day shall be covered, kept moist, or treated with soil binders to prevent dust generation. Trucks transporting fill material to and from the site shall be tarped from the point of origin.
• Minimize the amount of disturbed area. After clearing, grading, earthmoving, or excavation is completed, treat the disturbed area by watering. Or, using rollcompaction, Or, revegetation, Or, by spreading soil binders until the area is paved or otherwise, developed that dust generation will not occur. All roadways, driveways sidewalks, etc., to be paved shall be completed as soon as possible. • Schedule clearing, grading, earthmoving, and excavation, activities during periods of low wind speed to the extent feasible. During periods of high winds (>25 mph) Conditions of Approval 2021-098-TTM May 10, 2022
clearing, grading, earthmoving, and excavation operations shall be minimized to prevent fugitive dust created by onsite operations from becoming a nuisance or hazard.
• The contractor or builder shall designate a person to monitor and document the dust control program requirements to ensure any fugitive dust emissions do not result in a nuisance and to enhance the implementation of the mitigation measures as necessary to prevent transport or dust offsite. Their duties shall include holiday and weekend periods when work may not be in progress. The name and telephone number o such persons shall be provided to the Air Pollution Control District prior to grading/building permit issuance and/or map clearance. • Plan Requirements: All requirements shall be shown on grading and building plans and/or as a separate information sheet listing the conditions of approval to be recorded with the map.
• Timing: Requirements shall be shown on plans prior to grading/building permit issuance and/or recorded with the map during the map recordation. Conditions shall be adhered to throughout all grading and construction periods. • Monitoring: The Lead Agency shall ensure measures are on project plans and/or recorded with maps. The Lead Agency staff shall ensure compliance onsite.

Inspectors will respond to nuisance complaints.

73. Walls: All required perimeter walls and fences shall be installed or constructed by the Project Developer prior to issuance of the occupancy permit for each phase of development.
• Walls shall be a minimum of six feet in height and of a solid masonry construction consistent with existing the walls in Pasadera North in the locations as shown on the Tract Map. shall have a minimum height of six feet. • Perimeter walls abutting the railroad rights-of-way shall meet or exceed the minimum sound attenuation standard as specified in the Sound Level Assessment, for Proposed DJ Farms Subdivision, prepared by David Lord, Acoustics, dated May 27, 2014

74. Public Landscape/Tree Planting: To the maximum extent practicable, street trees shall be utilized along either utility strip areas for small trees; and within front yards for larger trees. The tree planting specifications are as shown on Pave IV-10 (Street Tree Landscaping) in the DJ Farms Specific Plan.
• Tree Selection: To minimize potential maintenance costs, tree varieties should exhibit little to no fruit disposition, no obstructive branches, and non-aggressive roots systems.
• Tree Locations: The Project Landscape Architect, Project Developer and City Planning Department shall work to identify and maximize landscaped areas, Conditions of Approval 2021-098-TTM May 10, 2022
where feasible, along street frontages, bridge approaches, pedestrian walkways, and public spaces.
• Native Area: The Landscape Plan for the Lot 2 basin shall incorporate native plant materials, in accordance with the Habitat Mitgation and Monitoring Plan dated February 2008.
• Agricultural Buffer: The agricultural buffer shall provide two-rows of large trees along the inside of the perimeter walls and fences as shown in Figure III-1 of the DJ Farms Specific Plan.
• Landscape Plans: Landscape Plans shall be provided to the satisfaction of the Planning Department, prior to the issuance of an occupancy permit for the first building in this subdivision.

FIRE DEPARTMENT CONDITIONS

79. 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet 503.2.3 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed load of fire apparatus and shall be surfaced so as to provide all-weather driving capabilities.

80. 503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with AASHTO HB-17. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges where required by the tire code official.

81. 503.2.8 Angles of approach and departure. The angles of approach and departure for fire apparatus access roads shall be within the limits established by the fire code official based on the fire department's apparatus. (angles of approach and departure must not exceed 8 degrees.)

82. 507.1 Required water supply. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises on which facilities.

Buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction.

83. 505.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property.

84. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 6 inches (J 02 mm) high with a minimum stroke width of 6 inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate Conditions of Approval 2021-098-TTM May 10, 2022
emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole, or other sign or means shall be used to identify the structure. Address identification shall be maintained.

NOTE: Signs must be placed throughout the development identifying the improved access route.

85. GMC 15.08.020 (503.6.2) Manually Operated Gates. All manually operated gates installed across required fire access roads or pathways and which are locked shall have a Knox brand padlock installed. The Knox padlock shall be integrated with another lock in such a manner as to allow the gate to be opened by unlocking the Knox padlock only.

86. Temporary Emergency Access to building construction may be provided via the existing Farm Crossing at the south end of Arroyo Seco Drive with the requirements noted above and as approved by the Fire Department and City Engineer.

End of Conditions
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EXERPTS FROM DEVELOPMENT AGREEMENT
Excerpts from Development Agreement as Amended
December 12, 2012 Ord 2012-411;
Amendment #1 -November 25, 2014 Ord 2014-428, and
Amendment #2 June 25, 2015 Ord 2015-437
Exhibit B of Development Agreements on File at the City of Guadalupe City Clerk's Office
Consolidated DA Exhibit B - Dates: Adopted December 12. 2012, Ord 20 I 2-411; Amendment # I -November 25, 2014 Ord 2014-428, and Amendment #2 June 25, 2015 Ord 2015-437 Page 1 of9 Exhibit D
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Miigatinn futonitoing and Reponing Progratn
TirBing/
Ftequemy
Flnal
Cleerance
Ilate
Cornments MouitorlnglRcporliry Done By Responstble Frrty Mitiption Meoure Midgrtion Number AESTT{EfiCS ANDVISUALRESOURCES Prior to
issuance of a
building or
landscaping
City of Guadalupe
Planniag Depanmeot
Applicant/Design
er
ard derailed submit and strall Tbe prePare
be must determiocd by Thesc the plans to cilv plans landscaping tlre m conrained the wilh be to consistent desigt guidelines staff City to arid Plan Pnor oiher Farns DJ Cit'/ rcquireanents Rervised Specffic fot dcveloprneot of or rssuance building landscaping permits the 8ty site. on&e
MM 3.r-2
Prior to Final
Map approval
City of Guadalupe
Planning Departrnent
ApplicantlDesign
er
adequate amourn of lighl All external ligt*ing shsll b€ iodicated onprojlt improrarnent llans as they are submined for frnrre sitelocation shell the rec,ordation, and Final to approval ldap
the indicates tbar detaited a extmor subrnil liehdne plao ard PrePare exterior uscd. 'l'hc will that rghtioe be and of tichtbC tttr ultr stil while non-ntruslve providing demonstalc quality shall t[!I3.1-3
City of Guadal*pe
Plaooing Department prior to issuance of gladhg/
building pennits
Implcment
duinggrding
and ccrns*rrrction
activities
program Applicant/
conuactor
limited ro tbe fotlowing:
. lffater mcks ot sprrinkler sysenrs shall be us€d to keep all areas ofrchicie movesrent danp enough to prevent dust from teaviry he project site druing gading and constnrctionactiviries at the p*ioa sic. Al a minirnum this shall include vrctting dorva sucn arcas in tbc lare morning ad after vsk is co*pGtee for &e day. tncrcas€d wateriog frcqtrercy shalt be requiaa uihenever the wild speeds cxceed 15 milcs pet hotn (nrph). Reclaimed water shall be {tsed wtrenever possiblc' . Minimize asount of disturbed area and redrre on-site vehicle conEol dust to perticulate slrall a plan The pfePare Appticant at the activities site and prre,paratiou rnag€f, grading duing (PMro) on shown all shdl Eleasures b€ gadire 'lle site. conrrol dust prqject on ircluded shaII be and &e for and project building glans proposed carch wilh be resorded shcst infonnatiooal subsegrcnt to a scP8rate not be but shaI firertsutcs includc, control Dust tentative $llrP. speeds to 15 nph or less. of to at ail access . lnstall MM 3.2-
AIR
1a

QUALITY
65 Raised DJ Farms SpeciJic PIan
Mitigation M onitoring atd Reporting P ro g ram
Mitigatbn Monitoing an"d Reporting Progratn
Mifigation
Number Mitigation Measure ResponsiHe Party Monitoring/Repordng IloneEy Timing/ Frequency Finsl Clegr:ance Ilate Comments on topublic roads in of lhc pruject site (e.g.

I
SlateRolb 166).

All soil soclcpilas at the poject site shall be coverod' kcptmoist or teated with soil binders to Prevent drst generation.

A seq.rred tarp sbatl be places oo all trucks trausporting fitl uaterisl to 8ud from &e project site from the point of origin After grading aod eaflh moving is completed' citbr reat tbe disurtcd area by watering, or revcgetatrng, or by spreading soil birders until the area is pavcd or otherwise devebpcd sothat dusr pneration will not occur.

The con6actor shall desigrr,ate a qualified site monitor to uFsitor dle dLst control program and to order increased warrirg,8s oecessary b Prevent mnsport of dust off-site' 1te monitor shalt include hotiday and weekend geriods whe'o work nay not be in progress- The nasre and telephouenumbcr of the site monitor shall be providcd to tbeSBCArcD prior to land usc clearance rnap recordation and I
a
land clearance for finisb
Appticant/Contraa City of Guadalupe
Planning Department
During grading
and consnuction
activities
Equipment
coulo] Ineasures
shall be s:ted on
thc preliminary
ard final grading
plans and
constrtrcdon
plars
IVC![ 3.2-
1b
The shall adhere to following rneasures during
coDstn ction activities at the proJect slte to reduce the emrsston ofozooe prpc!$ors (NOx aod ROC) ftorn the Oper'atioo of cotrstruction cquipment wibi! the Spu"ific Plao atga. Tbes€ cquipmcot control mcasures shall bc noted on the prelirninary and fiDal gradrot plansand coostructionplans for *re proposed Prcject. ' HeavyduY dicsel-powcred cotr-smrction cquipment
manufactured afler 1996 should be utilized wheneverfeasible. . The engine size of consmrction equipnrent shall be &e mioinun practical size.
. The number of conslruction cquipmcnt utilized 8t tbe pmject site operating sirnultanqrusly sbdl bc minfunized ttrough effrcient marugemenl practiccs to ensute &at the smallest number of equiprnent is operating at &e Projcct site at atyone time. 66 Revised D.I Farms SpectJic PIan
Mitigation Monitoring and Reporting Progran
Mirtgation Monitoing attd Reporting Progratn
Mitigptio
Number Mitigation Meaeure ResponsiHe Party Monitoring/Repordry DorcBy Tinlne/ Ibequency Flnat Clcar:ance Ihte Commentc cquipncnt shall tune per the
a
maaufacnrer's sJrecifications.

Constnrrion equtpneil opcrating at tlre project site shall be equippod with tuo to four degree engine timing retard or precombrstiou cbastbo engines, if available.

Cat tyuc converlef,s shall be installed on gasoline-powered equipnenu if fcasible.

Dierl catalytic @nverters, diesel oxidarion catalysts anddiarel particutate filrcrs ccrtified and/or vcrified by EPA orthe Sute of California shall be installcd. if available' Diesel porvered equ'rpment strall be replaced by electric equipclt wtrerercr fssibte.

Consgnction vrorker trips o tlle project sit€ shall be
nilinfued by encouragiag carpooling and by makingavailable food for purchasc during tire lunch breaks ar the a
srte.

Not a
required
Mitigatio
n
The should consider appropriatc and
reasonable conservation measures to rcduce air ernissiors iilo final improvemeot plans oo subsequent rentative rnaPs as deemed aprpropriare by tle City of Guadalupe.

Measures tbat would reduce poenrially signifrcant air emissionsassociated wib Oe proposed proi€ct roay include, but are not limit€d ro, tre following Dcaslres:
r losull nanral gas fueplacc irrserts and eliminate the use of .umod burning fireplases in all r$idential unis;
. Insalllow NO' residendal water heaters and spacc heaters:' lngallheu transfer modules in fumaces:
. Use outdoor ligbting dasigned for high efficiency, i.e- solarpowued or arntrollcd by motion delostors; . Site and orient buildings in such a suluer as to reduce erergy usc (ic. pa.ssive solar cooling/heating);
. Use light colored watet-based paint and roofing materials; . Employ stlluner shading and wind protection nreasures to u6ease
Applicant/
Contractor City of Guadalupe Planning Deparnnent Demoustrate on Tentativc Mape 67 . RevisedDJ Farms Specific PIan
Mitigation Monitoring and Reporting P rogram
Mitigation Monitwing and Reponing Progran
Mitipti,on
Number MtigadonMeasure Resporsible hrty MonitoringrReporting DooeBy Tlmiug/ Frequemy Anet Ctearance Date Insull alr corditioners that use non-ozone
depletirg dernicals:
r Ma,rimize he lxe of narural ligbting in the building desigos; . Irstall eoeiry efiicientappliances and ligbting;
. Use lardscrpiog o shade buildings asd pa*ing lots;. Install sidewalks and bike patbs; ad/or. In*all covcred br:s stops, wterc appropriate, to cncouragc the use of

BIOIOGICALRESOURCFJ
MM33-5 To maintain coosisterrcy the mcasr,u€s listed under the Prograrnmatic B'rrlogical Opinion issucd by ttrc US Fish asd rl/ildlife Service (January 26lgca*r. the following mitigation will berequired:
' Prior to coEstnrction, a US Fish and Wildlife Semice
approwd biologist shall suvey clre work area two weeks
prior to cunstruction If California red-tegged frogs are p(escnt o! rlrc gropct site, the biologist will conract thcS€rvice ard reccive authorbation to caPtute ard re-.locate lbe ftogs o aService agproved location' If frogs arc obscrve4tle binlogist or a site monitor (as designated by ttre biologist) will be present nntil &e dilch is drained or gnded.
r If no kogs are found, the site will bc decrrEd clear aod a screen will bc placed over tbe drainage pipe leading to the off-site dninage ditch- All oth€r measucs listed below willbeimplarcnted. - All consguction personoel will rcccivc a training se^ssion wtrich shall include a description of the California redJegged frog and irs habitel &e imPortance of redJegged frogs' aod t&e aras where such frogs may occtu, if Present on theprojea sia. . All fielioc and maintenancc of vehicles and otlrcr equipment shall occur at lest 20 meters from any riparian habian or wat€r within &c site to avoid &at
ApplicanVUSFWSAgproved Biologist City of Guaddupe Planning Deparmeot Survey rhell !s completed two wecks prior to constructioo
Retuelingand
best managementpracti<;es sball be
cmployed
during aod after
project
implementation
Comments
68 Raised DJ Farms Specific Plan
Mitigation Moninring and Reporting Progrant
Mitigation Monitoring and Reporting Prograrn
Mit[adoD
Nmber Mitigptlon Measure Respouibte Party Monitoring/nepordry IloneBy TirrtuE/ Frequency Ftml Cleannce Ihb Comments may flotl
dilches.
site into off-site agrirxrltural
' To contol erosion during and after project implanenoation' lbe projeo will best management practices, as
identifid tbe Water Board.

U sitc will occu duriug ths nesting seasoo (lvlarch I lhrough for lcsting birds Aug0st 30) pre*onsuuction surveys Et8ralory should be conducted by a qualificd biologist Pnor to atly soit-alteritg activity' ocurning within the projcct area ard 4 sunorndiag area of potential effea. Thc Pre-construction surveys shall be cosdrcted within 30 daln of any construction or gading activities. If activenests are loc€ted during pre-construction survelrs, USFWS aod/orCDFG shall be rptified regarding lhe statrrs of llre nests' Fnrthesnore, co$lruction activities shaU be resEicted as o€cessery to avoid distubarce of tire ncst until it is abandooed or tbe biologist deerm disnnbarct potential to be minirnat. Resuictions may includc estsbtishment of bufrer Tones or altcntion of thc constnrfxln schcdule.

Applimt/tJSFWS
Approved Biologist City of Guadalupe Planning Depanrncnt Prior to issuance of grading penDits, and no more chaa 30
days ro
carthwork
MM3J6
Prior to lhc
issuance of
gradiog permits
MM33{ The project applicant shall obtain tre appropriate S€ctbn 4M permit Applicant US ArmyCorps of EagineerV urder the Clean Water Act asd Streambed Alteration Agre€neil stull be obtained prior o issuance of grading permits The poject appticant shall compty with 8ll permit conditions and eoptoy best managctrcnt practices and rneasues (cstabtishd by Corps) to minimiz.e ard courpensatc for potcndal irnpact to any jruidictiorul 'rraters. Wetland delineation and mitigation details shall be nrrted on City of Guadalupe
Planning Department
6e for the
fi'LTTJRAL A}TD HISTONC BESOURCE
VM Thc mrriwolaar vlsta.v.rrr cllall stB!r haw :-r..J^J rrrLlNVu -tt trlr Conkactori Applicant
Pritr to i*sunce
of gtadiagl
building pennits
construcnolr coDtacts ard permis issued within the project area: City of Grudalupe Planning Departnent As a coriditbn of project apprcval, ,f arry prehistoric or histo'ic aaifacts or other hdicatiotrs of arctueologbal resounce,s are fowd project corLttnrcuon wo* uz the bMiate
?A
atofte
m&st and tlu
ts utderway, aIl
slall be
69 Revised DJ Farm"s Specific Plan
Mitigation Monitoring and Repttning Prograrn
Ilnix€/
Frequency
Final
Clear:anae Commenls Mottoring/Reporting
Done BY
Respocible
Prrty Mitigation Mea$re Mitiggtioo Number
meeting Secretary oJ
or historical ut Stondards prehisarb Aualilations Pmfessionol t,E svaltate fittds retaircd to be sIaIl ot a?pmpriate- archaeology, tte measures for mitigation recontwnd atd appropriate J
dscovered
inrplernented in
the field, if
recessary
Ciry of Guadalupe
Ptoning Department/
Native Americas Heritage
Corgsrissioo
C,ornrrtor/
Applicant
shall be folloved
Conrnission
8ng reElams ol approval, condition As
ta th€ must rvork rs stoP all coNtructios underuray, OIrcC projecr be Bust Cororcr the Iird asd Counry of $s irnfitcdiat€ viciniy ard Health California's 7050.5 of Section to accotding notified, bc to ve Nari Amcricarl determincd im remalns If thc Code. Safety American ttreriage Native the uill ootify corolrer the
and Section 5064.s(d) (e) lo outlined CEQA the aud procedures MM3.4-2b
Prior to issuance
of gradingl
buildingpermits
Ptanning Departnrnt
City of Contactor/
Applicant project
all ra included qh.1l be or The lssguager equivalent,
area: within the ard issued @trracts construction perafa resources a As conditbn approval, paleontobgical { arry o[project work alI tn ,s udzrwq, construction are once proiect fouttd (fossils) be slzall mISt the and Guadalupe City of itntnediale ths stoP vicinity A paleontologist qualified natifred iwnediatelY
recommend ann tlrE evaluate oppropriae fnns
discovered tlu
sl:r,ll be retained to
mttigation measlrres
re$ources.

MM 3.4-3
70 RevLsed DJ Farms Specific Plan
Mitigation Monitoing ond Reporting P rogram
Mitigatian Monitoing and Reponing Progratn
ModtoringlReporting
DoneBy
finiDg/
Freqpency
ResponsiHe
Party
Fbr
Clearaffe
Ihe
Comments Mitigldon
Number Mtigation Measure
PlenninB De?arEneoy'
City Engineer
ofGuadalupe
Prior to
issaance of
a buiWing
pennit
Conlrastor/
Applicaot MM 3.5-la be dcsignd in accordance with the requirerncob of dre current edition of lhe Califonria Buitding Code and tlre rccommendationscontained within $re Preliminry Soils Engineaing Report (datedOcbber ll,202), and the Soils Corrosivrty Strdy (dated May 21. 2003), subject to review and appr,oval by tre City of Cuadalupe.These recommmdarions include, but are limit€d to site preparation and grading; urility trcnches; foundatioos (general, post-teosione4 and convcntional); slabson-grade and exterior flarwork; rcraining tbc Specific Plan area shall residcn'ial future All dcvelopmcot around sections;
City of Guadalupe
Planning Dcpartrncnt/
City Engineer
Prior to
issuance of
a building
pennil
Geotechnical
Engineer
the proposed project (commercial. regreatioml ard itstiutional)prior to inpl@otatiotr of ihese comPorctfs of tbe Specific PlaoTbese reports shall b€ subject to review and approral by the Ctty of Guadalupe atd all firnrc development shall be designed inaccordarce with drese requilements and the curent editios of the a sball by prcpareO A iovestigation site-specific
surface to the deterrnine engineer site-specific geotcttnical qualified of for cons8aints the olher soil and aspectE and s$surfac€ geologlc Code.

MM 3.5-Ib
City of Guadalupe
Planning Deparunent/
City Engineer
Agplicatl to approval
of firul
inproverneot
plasfor
subsequent
tentative uraps
Included on
constnrction
contracts
MM 3-5-
4 preveotion end sedineqtation coDtrol
co$lruction actirities prior o appfovat
for subseqnent tcntativc maps proposed witbin ee Specifr Planarea. 'fneso rroures shall be iorcqporated isro all constructionconracts and shall bc monitored by the City to cnsure cffectiveuess througlr corutruaion activititis at the project site during thc rainysearcn (Novemhr I &rough April 15) of each year. 'Sttch InE$ur€s shall include, butnot be limited to &e followiog:
. Limit disurtanc€ of soils removal to the minimum area narssary for arress aod cooemrction;
. Re-vegctate disturb€d areas with a mix of seeds best suited for tire clinate and soil conditioss, and native to lhe into site frreParation acd
of fural irryrovement plans
of ensure implenrentarion
7t Revised DJ Farms Specific Plan
Mitiguion Monitoring and Reponing Progrant
Mitigation Monitoring and Reporting Progratn
Mitigption
N"mber MtigadonMeasure ResponeiHe Party MonitorluglReporti4 DoneBy finiing/ F}equeneT nnsl CLegrance Date I andprotect stoclgiled soils duing periods of rainfall; t
Infonn constuction personnel prior tn comtruction ard
priorlically duriag construction activities of environmennl couogtrs. pertineut laws and regulations, ard elemeats ofproposd erosion control measures; Mhere to corsrtrction schedules designed to avoid periods of hcavy pecipiution or high winds; andEraure thrl all exposcd soil is provided with tetoPorarydrainagp and soil protection when consuttctioo ceases during MM 3.63 Site design in the vicinity of &e school and park shall demonstrate a@uate separation and/or provide a barrier bet"veen public or school rrses and rhe rrcarby rail lines. Separadon shnll bc Pmvtded and specifically dxigned to prevelt the public or school age children access to the niboad rigba of ways. Final school site plaming shallbc conduc(cd irr consultation wi& thc Stare Architect (and Catifornia Educatioa Code),and the local school district.

Applicant/Design
er
City of Guadalupe
Planoing Department/
City Engineer
in coruultrtion with
Stale Architect and
iocal School Disuict
Prior to
issuance of a
Building
Permit
MM 3.6-5 In order o kiogthe abandoned Union Sugar Oil Well No- lGl and sump arca into compliance with federat, State and locdrequirements. the appticant shall retnediate soils around the well as defined and recommended in Ore Phase II Environn€ntal SiteAss€s$neDt (Earth Sysems Pacific, March 20O3). The rrcll shdl be abandored rnnsisteot with curent State and locsf requireme'tts, and Oc applicant shall provide appropriatc access to tb abandoncd weUhcad as rccomrncnded by Earth Systems Pacific.

In additioa, any futtue tract maps or developnrcnt plans that involvethe area wiilrin 100 feet of this well sball indicate &e location of the Applicant
well on tbe maps atrd site plans.

City of Guadalupe
Pla.nning DepartmenU
City Engineer
Prior to
issuance of a
srading
permit
MM 3.6'6 u contaminated soil end/or grotmd water, other than what has bceo ktcntified and mitigued for in lhe November,20O4DJ Farms Spcr:ific Plan EIR, is eoouotered duriag the resoval of onexcavation and/or graciing botb on ard offsite, site dcbris orduring Applicant
City approved
City of Guadalupe
Planning Dcpartment/
City Engineer
Duringprojcct
implcmentatio
C-ornrnen&
72 Revised DJ Farms Specific Plan
Mitigaion Monitoring and Reporting Progrant
Mitigation Monitoring and Reporting Program
Mitigrdm
Number Mitgation Mecure Rcsporible Partt Moniloring/Reporting DoueBy Tintus/ ftequency Finai Clearance Ilate Comments the coutnptirn conlraclors shall sop inforsl environmental hrzardous
materials
pnofessional
during
implementation
n
the City. A Ciry appmved cnvironrrental hazardous materialsprofessional shallbe contracted to conduct an on-sitc assessnenl If the materials aa determined to pose a risk to the public or construction r,roriers, the constrrrction corl8actor shall prepare and submit a remedirtion plao to the appropriate ageocy ard comptywith all federal, sate and local laws.

Appropriate €ency (if nece.ssary)
EYDROI,OCY A}ID WATER QUALTTT
MM3.7-
la
Prior to of grading permits and as part of Enal Map Applicant ofGuadalupe Prior to issuan<p of
grading
permiuasd as
part ofFinal
Map
submittals
submiuals, projo,t appticana shdl submit drainage aod erosion conuol plam enruring t&at drafurage plans are consi*eru with dtedrainagc concep$ for tbe projecr aod tiat stormwat€c discbarge volurues inO rlre receiving &ainage system are eqnal to or less lhen runoff from tle sitc prior to initiation of the project. in accordance with Santa Barbara County Flood Control District standardsPlarming DcpartnenU Cicy Engincer MM 3.7-
1b
In accomanc€ wih current Sute reguladons, alt future dcveloprnent rasultiog in gcading or excavation that dist$6s five acres or ntorc shall requirc cor'€rage nder tbe NPDES Creneral Permit' hior to issusrce of the frst grading perrnit, tlre project agplicant shall prepare a Shrnwater Pollution Prevention Plan (SWPPP) thatOocunents bcst nanagemenr practices (lilttf,s, lrap' bio-fiIuadon 5walcs, etc.) to eNurc that urban runoff costamina8b and sedioenr are minimized. The crosion and sedirnent control plan sball spccifyu,hich erosion control measures nccessary to cootrol runoff shall bcin place durieg tre raily season (Novernber I drrough April 15) atd uihich me8$r€s shall be in place year rourd. The SWPPP shall be consistent, wilh CCWQCB stardards.

Applicant City of Guadalupe
Planning DepartoenU
Cily Engiacer
hior to
issuance of
the firstgrading
perrrit
MM3.7-2 nior o issrance of a grading pcrmit and as patt of t-rnal Map submittals. rie Agplicant srdl Lrclude derailed ergineeriog plans for the on'site stonnuatsr and dercntion fasilili€s for review ard ^---.-t L.,.L^ l'r:h, E--:-^^- ^. ..-ll -- ^{L^. ^^*^.ri-- c
Applicant Cityof Guadaluge
Ptandng Departnen/
City Engineer
hior to
issuance of
gadiag
73 Revised D.l Farms Specific PIan
Mitigation Monitoring aul Reporting Progran
Mitigation Monboring and Reponing Program
Mitigption
Number trfitigrdon Measrre RespoN$iHe Party Monitcing/ReporlfuE Don!By Timiog Fbequency Final Cleanrnce Dats by the City Engineer, as r,rrcll as otler approving or
pernriuing agetcies.
permia and as
part of Final
Map
submittals
I.AND T]SE, AND AGHq.JITUNE
MM 3.8-3a
The Appticanrsball demonstrate on all maps and devdopment plans. inctuding landscaping plans, a minimum l0Gfoot agicutEual buffer on the castem, soulhern and western boundaries of the DJ Farms site. r['he minimom distance shall be measwpd fiom the lcat€sthabiable structttre to actirre agricultrual operations on adjaoentfarms. Consistentwith ttre project proposat, the bufu will be fully laodscEped and lrrcorporatc tree wisdrows along the inside(residentid bottdary) and along tbe propeny line (agiculaual h,rdrry). A ladsape Maintenance Distict shall be esablirshed at tlre time of proicct approval to maiotain ths buff€rApplicant City of Guadalupe Planrdng Departnrent At application MM 3.E.3b
To discourap trapassing and vaodalism on rbe adjacenr farus to Ore east and mutll. a six-foot view-type fence shall be insalled alongthe poperty bornlary. The type of material shdl be determined durins, the sitc plar revbw processApplicaot City of Guadatupe Planning Department At application MM3.8.
3e
Comisteot wih mtification required by Santa Barbara County as a conpon€nl of tbr Righ-to-Fann Ordinance, the Ctt!' of Guadalupeshall require tle recordation of an Agriculnral Notifi<rtion Stalemcnt to ruo wilh the Thle on all propcrties soH artd resold is thc proposed doeloprnent arca. The slatement shall inform anyfutre propeny owner.s of the contbruation of agriculural activities in the area artd 6halt disclose tbe potential effects of agricultural activities on adiacent land uses to fuurre proiect resideots.

Applicant City of Guadalupc
Planning Departmcnt
Recorded
wi*r Final
Maps
MM3.8-3d
Alt firare developrcot plans aad tandscapiog plans for commercial and school-relatal uses sbatl incorporate screening ard buftriag feat{cs bcts,pen non-resideqtial arcas arrd adjacsrr residsntisl laoduscs to mitigatc potential irnpacts frorn noise, lightilg. traffic and odors. All buffcrine and screening shall be desicncd to the Applicant City of Guadalupe
Planning Department
At application
Commen8
74 Revised DI Farms Specific Plan
fuIitigation Monitoring and Reporting Program
Mitigation Monitoring and Reponing Program
Mitigslion
Number Mitigtion Measure RespodHe Psrty Mmitorirg/Reporling DoneBy Tiningl Frequency Finel Clearence Itste satisfsction of treRuilding and Planning Ofifrcial ard includcd in tbsCommercial Deralopment Desigr Guidelines within tlre ProPosed plan

NOISE ANDVIBRATION
MM 3.9-
1a
All sgncttnes consrruced near ge$eratols (roadwaysrailways) stull be &signed and constroced to neet dre City'sresideodal iodoor ooise standard. These measures will likely include sound rated vrindows aod doors. hpending on tbe proximity of tbe rcsideoccs o thc raikoad uacks, special exterior wall conslnrctioamight also be reEircd. Accordiog to Ciry policies, those rcsidenccsthat mtst have tlpir windows closed to mect the prcscribcd interior level will requirea ventilation or air+onditioning system to providc a babitable inerior environnent. Building plans slrall be subject to review and approval by tbe Planning ard Building Inspector. Prior tr approval of frml mags, :he applicant shall submit amustical desigl data tu tbe Ciry Eecifying lbe t)?c ard effectiveocss of tbe proposed attcnuation oeasures.

Applicant/
Contractor
City of Guadalupc
Plaorfqg Department
Prior to
approval of
Final Maps
MM 3.9-
lb
In af&ls UPRR coni<tor, homes backyards
within 125 feet of the tracks will requke a noisc barricr to reduce thc backfard (exredor) L.a to 60 dBA.. Noise attenuat'ron measures(such as the onsnrction of soundwalls. benns sr a combinalion of both) shall be nquired of sufFcient height to achieve the City's maximum accepuble l.d, of 60 dBA for low density resideotial lald use. Final rnps sball demonstrate the desrgn of any srch feature.

Dcsign of noise attenuatioo features shall bc accompaoicd by supporting documentation (acoustical rcpon) qruntifying the 's
Applicaut/
Contractor
City of Guadalupe
Planning D€,partnent
Prior to
approval of
final unaps
MM 3.9.
lc
In areas that are wi0dn I 15 feet dte 166 centerline.acoustical reporu wiU be required to indicate building desig rneasures to rEet *re City's couaercial indoor noise sandardEuildiog plars stralt be subjecr to review aod approral by tbe ard
Applicant /
contractor
City of Guadalupe
Planning DcparrmenU
Pl'anning aod
Buildiag Inspector
Prior to
approval of
final nraps
MM 3.9-2 arca sball not be consrrrrcd Habitabte slructures within the Applicant/ City of Guaddupe Prior to C;omments
75 RevisdDJ Farms Specific Plan
Mitigation Monitoring and Reponing Progrant
Mitigation Monitoing and Reporting Prograrn
Mitigafiotr
Number MitigationMeasure R€sposiUe Parly MuitortngtReporttrg IloneW Tfnd€/ lbquency Anst Clearance Dre C,ommente lm feet the track centedine, nor within of
the SlvIlrrRR tacl<' centerline. Final mrps for &e projoct shall illusuate these digarces for review by the City of GuadalupeContractor Planning Department/ Planoi:ng and Buildiog Inspector approval of fitr8l meps MM 3.94 Applicant slall a noisc mitigation plan as Part of thc will include, but notbc limited to the building permit aplication tbat following:measu*:
. Noise gelgrating construction sctivities rvill be limited to vcekdays between the hous of 7:00un and ?:00pm.
. Consmrdon scbedule showing dat€s ard, locatioo of
activities.
. List of equipment to bc used during each unjor corstruction pha.sc and sound level estimares for cach phase.
. Tluck routing to minimize noise at existing noise sensitive uses.
r lrcation of sationary equipment to rninimize noise at sensitire u;es.
a Dcsiglatio
respoosiblc
responding
of a consuuctioo aoise coordinator &at rvill be
for irqplcmeuting lhc noise conrol measures ardto complaints. This pcrson's Eune and contact informatirn should be around the
Applicant/
Contractor
City of Guadalupe
Planning DeparmenU
Planning and
Buildirog Inspector
At Building . Permit
application
lT.ATT'rc AI\DPARKING
MM 3.1r1a -hior to Final Map approval, ihe applicant sball obtab an encroschmeot permit from Caltrans for all rrork conducted in the Stue Highway rigbt-of-way. Addfuional inprovements rcquired by Caltrans tr.r a<ror8trtodate lhe project, during the encf,oacbnrentpermit phase, shall !s iocorporated ioto tlrc woject ard funded by the developer.

Applicant Caltrans/
Cityof Guadatupe
Planning Departnrent/
City Engineer
Prior to Final
Map approval
MM 3.11-
1b
fnc proposct access locations on State Route 166 at Obispo Steet ard Flor,r,rr Avenrc witl aligr widr thc existing access locations onrhc nonh sidc of State Route i66. I'rior to issuance of any buildingpermits for dre fusr ptrasa &c applicant sball install STOP signs on &e southbound approaches of Obispct Street and Flourr Avenue.

Applicant Cityof Guadalupe
Plenning DepartmenU
City Engine€,r
Priorto the
issuarrce of
any building
permits for
76 Revised DJ Farms Specific Plan
Mitigation Monitoring and Reporting Program
Mfuigation Monitoing and Reporting Progratn
Tftniag/
fteq1aency
Monitorlrg/Reporlfug
Doe By
Finrt
Ctecrance Comrnente Reryonsible Party Mtigatton Measure Midgrtion Number the first phase
City of Guadalupc
Planning Dcpartrncnt/
City Enginecc
hior to the
issuance of
any buildlog
permits for
the {irst phase (Iraffrc
'Count)
Priorto the
issuance of
any building
perrnits for
the third
$ase or at the
point the
count exceeds
warrants
(traffic
Applicant
Applicant shrll develoP a Traffic Cormt Program to be tied oconsruction phastnS. The Traffic Count Program shall rroairor the interscctions at lligbway 166/llighway I' Higbway 166/ObispoStreet arxyor High*"y 166/Flo*'er Avearre in order to derernirc when tlre acruaL opcraling conditions nreet Caltraos operational trafiic lZ-horu signal r*arrants. Prior to tic issuawe of building pecnrits for tte rtrira phase, or at wtrich lniot &c Traffic Countil"grr* det€tmh€s that tlre count exceeds Caltrass traffic l2-hour siglrat warrants as presented mthe T>rftc Manlral, uaichever occurs oitio, tl* applicant sha[ d€molstrate that re€fu€d permiE have bc.cn obtainc{ aad iustatl 5ignrls 4t thesc irrrersectioos. permits for tbe frrst phase, of building Prior to the lsuance MM 3.11- lc
Cityof Grudaiupe
Planning Department/
City Engineer
the first
kiorto the
issuancc of
certificates of
occupancy for
Applicant MM 3.11-
1d the Applicar sbsll make the following irrproveruents in order !o facilitate access to the site:
. A riglrt rr.rn iarrc will bc irutallcd on the castbourd approach tn &e Srate Route 166/Oblspo Street and Statc Route
of ocarpancy for fte first Phasg hior to tbe $sua8ce of ertificates be coordinatcd the
77 Revised DJ Farm-s Specific PIan
Mitigation Monitoring and Reporting Progratn
Mitigation Monitoring and Reporting Progratn
Mitigatioil
Number MitigationMeamre
ReslrcnslHe
Party
ModtorinerReportlng
Ilone By
Timing/
Frequency
Fhal
ClearsneB
Ilsb
Comneuts
r55 widening
a A lefr tum pocket will be irutalled
apploaA o de Highwayt66/ObisPo
166/Flovnr Avenue imenections (to be
on the weslbound
Strcet and Highway
coordinated with tle
Ia
Highvny 165 widening project). A soubbousd left tgro lase shall be installed at the tlighway I ll 66 intersection
Tte soutbbouod and westbouod agproachcs of tbc Highway
166/ Ilighway I interscction strall bc re-striped to irclude a sourlrbound left nrm lane. a wcstbound through lanc and a westbound left tum lane.

A leftqro larr, a through lane and a right-nrn lane sball be imalld a dre northbound approachss to the Obispo Sreet
ard Flonrcr Avesue iotcrsections witb Highway 166.

The poject site will be desigtcd to accomsrodate rnoviag I and vehiclc arress and trash
MM 3.1r2a to deveJopncnt of tbe proposed school, thc Applicant iastall for-r-way stops at the intersections formed by tire southerly extensios of 0bigo Street, Flow€r Avenue and tbe roadway scrving dre school site at such tine as the school 's developed.

Appli<ant City of Guadalupe
Planning DepartmenU
City Engineer
Prior to the
development
of rhe
proposed
school
Iv[\I3.U2b Coosistent with Plao Policy C-9, the proJect facilitics tha promote a ped€stdan-friendly and bicycle-fricrdly environrnenL In aniicipation of &c development of a school sitc within the Specific Ptan area, rhe applicant shall dc'sign and iastall pedestiau bicycle aod taffic calming facilities as amropriate ihat are consistenl wih the "sofe route to schoof' guidelines contained in tbe Caluans Traffic Manual
Applicant City of Guadalupe
Plaoning DepartmenU
City Engineer in
consultation with the
School District
Prior to the
orpening of the
proposed
school
.vM 3.r1-4t
On-suaet bc required on both sides of all and
locator Strceb idcntified in thc project Street Plan and oa at lcqst onc sidc of TypcT soeets.

Applicant Cityof Guadalupe
Planning Departrnent/
CityEngrneer
Prior to
Occupaacy
-vM 3.11- shall be providcd in acoordaace with Off-scect Applicant City of Guadaiupe Prior to 78 Revised DJ Farms Specifrc Plan
M itigation Monitoring and Reporting P rogram
Mitigation Monitoring and Reporting Program
Itditigatioo
Number Mitigation Il{easur,e Responcible Party Monitoriq/Reportiry DoueBy TiEdEg/ Freqoency ffnel Clearaoce DNte C.omments 4b Section 18.60.030 of the City of Guadalupe Taning Ordinance as follows:
r All off-sreet parkiog required by this drapter in any residential zo'le shall be constructed as follows:
o In sb$c-family residenlial zones, alt srrch parking spaces sha[ !ggeysled by a fully crcloscd gatage,
o In multifamily residcntial zoncs, ar least ose suctr parking spce shall be covered by a carport.
. Parking required in this chaptcr shall bc subjcct to design review ald ap'proval of the zoning adsrinistratcrrrflarming dbector.
' Parking dasign uot approved by the zoniog
adainisuator/plaoaing direcOr may bc redesigned by rlpapplican! or thc decision appealed ro tbe ptanning comrnission
planning DepartmenU
City Engineer
Occupancy
MM 3.11-
4c
Ao number of parking spaccs shall be provided inaccordarue with Section I 8-60.60 of the Ciry of Guadalupe's Zoning Ordinance.

Applicant City of Guadalupe
Planning Department/
Ciry F.ngineer
Psior to
Oocupancy
MM 3.UI2 to issuance the first phase, tbe applicant stull pay irs fair share portioa (pro rate shie) towards the Santa Barbara Couray Association of Governrnents (SBCAG) Route 166 Guadalupe Wideling prcj€ct if an adopted aad applicable feeprogam is in plre al that tirne. The pro rare sharc contibutionsbould be based on the existing order of rnagnitrde. cost estinate provided in tle linat Projcct Study Report (PSR) for the widening or as ottnrwise defincd an fee
Applicant City of Guadalupe
Planning Depanmenr/
City Engineer
Prior to
issuance of
building
permits for
the first phase
I\,f,lt 3.11-7b
hior to isuancc of building pcrmits for thc first phasr, an inevocable ofi'er of Riglrt of Way along &e pmject ftonage adjacent with the Route 166 ROrV that v/ould accomnro&re Ore Highway 166lvidsning project The miaimum right of way required in the dedication urculd be 25 ter)- Att draioage requiremenrs for the DJFarms plojar mtst be accomrnodared outsi& of tlre Stare's rigbs of way.

Applicant City of Guadalupe
Planning D?ailmenU
City Engineer
hior to
issuance of
building
permits for
the first phase
79 Revised DJ Farms Specifc plan
Mitigation Monitoring and. Reponing program
Mitigation Monitoring ctttd Reporting P rogratn
Midgrdo
Nnmber Mtt[a6onMesure Responsible Party Monttorigg/Reportitrg Done By ftming/ Ilequency Firsl CIeanene Dab Comnen& UTILITIES AI{D SERVICE SYSTESTS
Iltnr 3.u1a Io augmenr Swe Water supplbs in quantities necessary for blcrxling and o neet increascd demad aod watcr qualiry standards, tire project applicant shall be rcquired to scflrc additional Sarc $/ater either directly or tluough exchange for goundwater resources. In order to [tect perfonnarrce standards for the purposesof this EIR. ary Bew surface uater supply must be contracted ard guara$€od prior o issuance of building permits for tle project Theapplimnt nrst demoostrate the source of &e 'nater, natec quantity, looB- tefin reliability and the terros of iu suprply to &e satisfastion ofthc Ciry.

Applicant City of Guadalupe
Plmning Depmmeat/
CityEngineer
Prior to
issuance of
buitding
permits for
the projectMM 3.r2-
1b
Prior to final mapapproval thc applicant shall prepare and subrnil to the City a Wacr Conservation Plan that spccifies the strategies ard specific rrreasues to be irrcorporated into the project !o reduc,e totalwater demand. Srrh measures may ircludg but are not limited o, rhe following:
. Incorpration of droqht blerant landscape elerne,ns (srrch as minimal lawn areas and xerisrxpe comepts), as rrrell as drough rolerant plant spccies, into requircd tandscape plar. . Set water user rates that severely discorrages water use duiogdryperiods.
" Reguinlowflowplumbing fixrures in all new development. . Use of rcclairned water for inigtion r Use 0f capu€d aod treatsd storm water for immediate storate and/or for goundwatcr recharge to tbe Basin.

Applicant Cityof Guadalupe
Planning DepartmenU
CityEngineer
Prior to Final
Map approval.

I
-vrM 3.12-
2 As part of ttrc pmcess of providiag long terln water srpply under MM3.I2-la" uy rcw wells proposcd for the projcct aod pruposcd for connectior to the municipal supply system wiil be drilled. tested and developed consistent with City of Guadalupe asd California Departmant of Hcaltr Services stardards. All uells and off-site$ater $y$em iopoveoents sru$ be completed prior to issuance of building pcrnia for Pbase I of tbe DJ Farms project Consrructionrclated impacrs for off-sitc imorovcmenb shall bc addressed by thc Applicaat City of Guadalupe
Planning Departneat/
City Engineer/
hrblicWorks
Director
Prior to
issuance of
building
permits for
Ptrase I of the
project.
80 Revised DJ Farrns Specific plan
Mitigation Monitoring and, Reporting program
Mitigation Monitoriry and Reporting Progran
Mttigrtm
Nrmrber Mitigsfon Illssurt ReslnnsiHe Party Monttorirg/Repordng DoneBy Thrng/ Freqgency Find Oearance Dete Comments conractor by best fianagemeat Practiols tocrosion conEol suface qrater runoff and dust conuolMM 3.12- 3 TtF shall bs for n€cessary on-site se\r€r
infrastructure, and for a fair share contribution to conurtotr off-siteimpmvemelb go the seuler systeoL All sev,tr infrasmrcture sball bed*gDed in aocordance with dre adorpted staodards of Ore City of Guadalupe City Engioeer arrd hrblic Works Director prior lo approval of filal iurpruvene,nt plans. The City Engineer ard PublicWorks Director sball dctermine projcct's oexus toward cotnrron improvements ardlot asca of bcocfit, and calcularc fair sbarc "onuibution
to off-site improvemenls rsing methods acccptod in the
ard corsistert with current law.

Applicant City F',$neer/Po61i"
Works Director
Prior to
aprproval of
finat
improvement
plans
!vf\t 3.12-
5 @val, the Applicant strall obtaiuand submit
an agreemenUcontract approved by PG&E fot utility sendce.

Applicant City of Guadalupc
Plaming Department/
Citv Eneine€r
Prior to Final
Map appmval
8r Revised DJ Farms Specific Plan
Mirtgation Monitoring and. Reponing Prcgram
_J ATTACHMENT 2 - ZONING MAP/LOCATION MAP
1� • 500'
(WEST MAIN)
R-1-6000
1' · •..
r . > ·· ....._
I
·-·--•.
- '
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- 1 �
: I
·---- _, ! '----------, r--· ... _ ·---··
..__ ____ ___, ,_
L___J 11R-1-7000 4.6 ACRES
r-lL___J
R-1-6000

25.4 ACRES
ET EL
� �
R-1-5000

71.4 ACRES
L___J r-7 R-1-3000
4"-6 ACRES
�c-s � 6.9ACRES
-C-N
14,6 ACRES
o��CRES
... engine8r•ing
D. J. FARMS

SPECIF IC PLAN
·,· ··-·
•. ' ··: ... <::-:: .::::�:·--::.

REC
FERINI RANCH INC.

APN 113-080-023
ADAM
AGRICUllURAL
APN 113-080-010
�L.:.....:....:J
PF
1 J. 1 ACRES
I
REC ._____,

15.9 ACRES
ZONING
U�ii:•.�w ATTACHMENT 4-ZONING MAP/LOCATION MAP
aped
October 13, 2021
Bill Scott
City of Guadalupe
Planning Division
air pollution control district

SANTA BARBARA COUNTY
918 Obispo Street
Guadalupe, CA 93434
Re: Santa Barbara County Air Pollution Control District Suggested Conditions on Pasadera/DJ Farms Tentative Tract Map 29,06X, 2021-098-TTM, 2021-099-TTM Dear Bill Scott:

The Santa Barbara County Air Pollution Control District (District) has reviewed the referenced project, which consists of the subdivision of a 21.8-acre parcel, located in the south portion of the DJ Farms Specific Plan area, into 98 lots for single family residential units and four common lots for public facilities and open space. The parcel is zoned R-1-5000 & PF, identified in the Assessor Parcel Map Book as APN 113-080-018, and is located on the east side of Highway 1 and the Union Pacific Railroad tracks and south of the Union Pacific/Santa Maria Valley Railroad tracks in the City of Guadalupe.

The proposed project is subject to the following regulatory requirements that should be included as conditions of approval in the applicable land use permit:

1. All portable diesel-fired construction engines rated at 50 brake horsepower or greater must have either statewide Portable Equipment Registration Program (PERP) certificates or District permits prior to grading/building permit issuance. Construction engines with PERP certificates are exempt from the District permit, provided they will be on-site for less than 12 months.

2. The application of architectural coatings, such as paints, primers, and sealers that are applied to buildings or stationary structures, shall comply with District Rule 323.1, Architectural Coatings that places limits on the voe-content of coating products.

3. Asphalt paving activities shall comply with District Rule 329, Cutback and Emulsified Asphalt Paving Materials.

4. Natural gas-fired fan-type central furnaces with a rated heat input capacity of less than 175,000 British thermal units per hour (Btu/hr) and water heaters rated below 75,000 Btu/hr must comply with the emission limits and certification requirements of District Rule 352. Please see www.ourair.org/wp-content/uploads/rule352.pdf for more information.

5. Boilers, water heaters, and process heaters rated between 75,000 and 2.0 million British thermal units per hour (Btu/hr) must comply with the emission limits and certification requirements of District Rule 360. Note: Units fired on fuel(s) other than natural gas still need to be certified under Rule 360. Please see www.ourair.org/wp-content/uploads/rule360.pdf for more information.

Aeron Arlin Genet, Air Pollution Control Officer
\. 805.961.8800 9 260 N. San Antonio Rd., Ste. A Santa Barbara, CA 93110 G ourair.org W B @OurAirSBC ATTACHMENT 3
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TEMPORARY CONSTRUCTION ACCESS EASEMENT AGREEME1'1T
THIS TEMPORARY CONSTRUCTl9f +el ACCESS . EASEMENT
AGlttEMENT ("Agreement•� is entered into this Lb � · day of f-e .b Y tA.tV· Jt..., 2022, by the th i;.e e Fat. li1 0 v1i'n e. rs· · s i g :id n g below ("Grantor"), and GB/ LA.Nt> SOUTH, LLC. (''Grantee") (eo1foctively, the ''Parties").

In consideration of the sum of One Hundred Six{y- Five Thousand Dollars. ($165,000,00) paid to Grantors- by Grantee (tO' be split by the 3 ownerships based on the percentage of easement owned.) and other good and Val\lable consideratfon, the- receipt and sufficiency of which is acknowledged, and the further consi'de�tion of tb.e cov�ants and agreements set. forth below, Grantors hereby sells, conveys, trllilsf�. and delivers to the Gr1µ1tee its contractors, consultants, s.ubcontractors,.subconsultant.s. materialmep, suppliers, 'W'8rkers, successor and assigns. a nQnexclusive Temporary·Construction Access Easemexit ("Temporary CbnsfrUctionEasement") for the real property described in Exhibit A, a copy df which .i$ attach� a:Qd incorporated by this ref�ren:ce ("Temporary Easement Properly"), to facilitate GB LAND SOUTII1 LLC con$tniQtion of a brid� ind otlrer subdivision improvements in the vicinity, of the Temporary Easemen.t Praperey (me "Project").

This Tenu,oracy Con$truction Easement is granted in accordance with, and subject to, the following,terms, conditions, requirements,, and limitations:

1. The Temporary Constructfon Easement is granted for vehicular ingress and egress via a twenty-five (25) foot maximum width compacted dirt road tfu:ough the Temporary Easement Property ll)'.fd for Grantee's use to do all things reasonably necessary to 96nstruct and install the ProJect including, but not limited to, those activities described fu Exhibit A, the transport of eonstniction rtlateri�, soi,l; �quipment and vehicles. Upon ex,piration of the Temporary Constr,uction Easement, the Gi;antee, at its sole cost and expense, shall restore the Temporary Easement Property including sloped .areas and temporary crossmg described in ExhibJt A to substantially the same condition-it was in prior to Grantee's use. Grantee shall not I�ve any tQbbish or debris on or about the Temperary Easement Property,

2. The term of this Agreement shall begin. upo'Q the date of full execution, by all the undersigned parties .. Full payment of the $}65,000 consideration shall be made by Grantee to the three grantor$ (ea.ch h.l the amounts set forth below) Within ten.(10) days of mutual execution of this llgreement. Gr311t�•s permitted. use r,,fthe easement shall be-for a period oftwel've (li) months commencing upon the Gtantee1
s providing writte,n notice of the start date to Grantors, but 41. no case laterthan ___ 1 2023. This . .1\greement sh41l ternrinate on the-sooner to oc.cQr of: a) twelve months from the commencement, or. b) Grantee providil:,.g written notice to Grantor that Grantee no longer needs the use of the Temporary Construction Easement. Upon tennination of this Agre-etnent unless noted otherwise within this agreement, all covenants in this instrument are released and the Temporary Easement Property shall be considered free and clear of any restriction or any tight or· privilege atta:ching to the grant of the Temporary Construction Easement set forth in tQis Agreement Notwithstanding the foregoing, Grantee's indemnity of Grantor as, described in Pa:ragraph 4 below shall remain in effect for a period of one year after the termination.

3. The Temporary Construction Easement shall allow the Grantee and its contractors, consultants, subcontractors, subconsultants, materialmen, suppliers, workers; successors, and assigns thereof to use the Temporary Easement Property during the completion of the ProJect Grantee shall use the Temporary E......u Ptopmy solely _for the p,npose described in P� LATTACHMENT 4 Yr*e< n,c D3 RSE
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47 34.94n28,-120.557740

34.941928,-12055669
ADAII AGRICULTURAL LP. .rrmrr.r
1 956,
JASO}I ACQUISTAPACE, LLC
S5Z IEIXSIRA BROTHERS IJ{ND, LP 5Z TETXEIRA PROPERNES, LP. 4240'
TOTII: 7472'
TEMPORAFIf BRIDGE CROSSINQ: A roilcor
typ€ bridgo for crossing of droinrigechonnel (locoUon shoun on mop) vill bcinstolled snd shsll not eneroqch balorveither of thc top of bonks. Thle temporory Mdgc aholl bc inetoll€d,mointoined cnd removed by th€ Dweloper, of the Devoloper's expense. The oreo ofter the removol of the chgnnel crosslngeholt be reslorsd to lts originol etote. 25, COMPACTED
ROAD
3+.959929,- 1 20.553899
APN 113-1
REGRADING SI-OPES: Two exis-ting clopelocotions will need to hoye the onglereduced to provlde better occess for equipmenl this temporory regrcding ofslopes eholl be construeted. msintoinedond remqvad by the Devslopcr, st the Developer's'expen9e. The orao ofter therarnovol sholl be restored to its originol gtote, EfiBIT 'A.
1EIFORAFT EASTUEilT PROPERIY
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