Agenda packet — Guadalupe City Council, June 14, 2022 (part 2 of 2)

Agenda Item No. 11

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of June 14, 2022

________________________________ __________________________________ Prepared by: Approved by:

Robert Perrault, Facilitator Todd Bodem, City Administrator SUBJECT: Adoption of Goals to Guide the FY 2022-23 Budget RECOMMENDATION:

It is recommended the Council, review the attached Goal Statement containing proposed goals to guide the final development of the FY 22-23 Budget, make any final changes to the goals and then adopt the attached resolution approving the goals.

INTRODUCTION:

Understanding the importance in setting goals to provide direction in budget development, the City retained my services as facilitator for the process. In April I met with Council members and key staff members to solicit input on the goal setting process. On April 26th, the Council reviewed a report and approved the process. On May 11th the Council participated in the Background Workshop. During the workshop key department staff members provided Council members with detailed snapshots of department operations. The ensuing dialogue between Council members provided the Council with a status of operations and an in-depth update on the City’ financial status. Following the workshop Council members were tasked with developing up to 5 draft goals with accompanying implementation steps for further consideration.

The draft goals were reviewed by the City Administrator and me. The purpose of the review was to synthesize language and avoid duplication. During a second workshop meeting held on May 31st the Council was presented with a draft goal statement containing nine draft goals. Council members then rated the goals on a scale of 0-4 with a score of 4 representing a goal of most important significance to be completed during the near future. The goals were then placed in ranked order. Maintenance of a balanced budget was identified as the most important goal followed by improvement in recreation programming and facilities, public safety, economic development strategies; public works , key planning areas and improving communications.

The Council then directed the Draft Goals Statement containing the draft goals be distributed to the public for comment. Consequently, a press release was developed and distributed with a link to a survey tool. The survey tool was also posted on the city’s website and also distributed to Community Based Robert Perrault

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Organizations. The public comment period was purposely left open through Friday June 10th in an effort to solicit as much community input as possible. The results of the survey will be shared with the Council during the meeting to be held on June 14th.

RECOMMENDATION:

It is recommended the Council receive the results of the survey, entertain further public comment, revise the draft goals as may be necessary and then adopt the attached resolution approving the goals for completion of budget development.

ATTACHMENT:

1. Resolution No. 2022-46

2. Draft Goal Statement (This item will be distributed on June 14th during the Council meeting).

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RESOLUTION NO. 2022-46

A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE APPROVING THE GOAL STATEMENT CONTAINING GOALS TO BE USED IN THE FISCAL YEAR 2022-23 BUDGET PROCESS WHEREAS, the City Council has undertaken the budget development process for FY 2022-23; and WHEREAS, the City Council recognizes the importance of completing a Goal Setting Process in order to guide the development of the FY 2022-23 Budget; and
WHEREAS, the City Council has retained a facilitator to assist with the process and received various reports and presentations regarding the current status of the City; and WHEREAS, the City Council drafted and completed a list of candidate goals and solicited public comments on the candidate goals; and
WHEREAS, the City Council has reviewed the public process and completed a ranking of the candidate Goals; and
WHEREAS, the City Council has reviewed the ranking of Goals and based on the ranking completed the attached Goal Statement containing a prioritized list of goals to guide the development FY 2022-23 Budget.

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

1. The Goal Statement containing a prioritized listing of goals, attached hereto and incorporated by reference is hereby approved; and

2. The City Administrator is hereby directed to use the Goals to prepare the FY 2022-23 Budget.

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 14th day of June 2022 by the following vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTACHMENT 1

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I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2022-46, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held June 14, 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

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Agenda Item No. 12

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of June 14, 2022

_______________________________ _________________________________ Prepared by: Approved by:

Shannon Sweeney Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: Urban Drought Response
RECOMMENDATION:

That City Council provide guidance to City staff on actions to address current local and statewide water conditions.

DISCUSSION:

On April 24, 2022, the State Water Resources Control Board passed a drought related emergency regulation for water conservation in response to recent drought conditions throughout the state of California. Language of the regulation is included as Attachment 1. Many jurisdictions throughout the state of California will be required to take action in order to meet the requirements of this emergency regulation. The City of Guadalupe is not required to take these actions, because it does not meet the definition of Urban Water Supplier. An Urban Water Supplier is defined as a water agency that serves over 3,000 acre-feet of water per year or serves over 3,000 customers. Last year, the City of Guadalupe served 1,087 acre-feet of water to 2,449 customers.

The City of Guadalupe municipal water supply well levels are holding fairly steady despite heavy use over the course of the last few years. These wells are recharged using rainwater and Twitchell Reservoir releases. The City of Guadalupe Twitchell reservoir allocation was based on an average annual recharge of 40,000 acre-feet. In addition, the City of Guadalupe has a state water supply allocation of 550 acre-feet per year. However, the amount of actual state water we have received recently has been negatively impacted by low precipitation and paltry Sierra snowpack.

Attachment 2 provides a table of water supply allocation from these two water sources that indicate that our delivery from these two supply sources have been trending downward recently during the current multiyear drought. Attachment 2 shows the expected long-term average for each of our supplies, and actual average experienced over the last 10 years. The actual average over the last 10 years is less than the expected long-term average for all three of our supplies.

Shannon Sweeney

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For Urban Water Suppliers, nonfunctional turf will be prohibited. The City of Guadalupe has nonfunctional turf at its City Hall, Senior Center, and Veterans Hall. Only by virtue of the size of our agency is our turf legal. The following options are available to us:
• Replace all nonfunctional turf at these three locations immediately by re-landscaping.

Estimated cost is approximately $375,000.
• Phase in the replacement of turf by relandscaping over five years at $75,000 per year. • Stop watering. Let the lawn go brown until rainy conditions return. • Do nothing. Continue to irrigate and maintain existing lawn.

Despite the fact that emergency regulations do not apply to the City of Guadalupe, there are actions the City may wish to take in order to encourage the efficient use of water by ourselves and our customers. Such actions may include none, any, or all the following:
• Water bill insert-the City sent out Attachment 3 as a water bill insert in 2021. Staff recommends that this water bill insert be repeated this year. • Encourage turf replacement – green lawns are not native to the area and take a considerable amount of water and chemicals to maintain. The City may have the opportunity to participate in a regional turf replacement program. Customers have called the City asking for such a program. Grant funds can be made available to help with this transition. The City can lead by example by addressing our own turf. Staff recommends a five-year program to phase in more drought tolerant plantings to replace its nonfunctional turf and to seek out grant programs to provide rebates for turf replacement. • Enforce the existing water wastage ordinance – an ordinance was passed in 2016 creating section 13.04.210 of the Guadalupe municipal code, waste and water prohibited.

Attachment 4 contains the prohibited activities included in this section of the municipal code.
• Install moisture sensing devices on functional turf irrigation systems in City parks to maximize efficiency of these irrigation systems.

ATTACHMENTS:

1. Emergency regulation language

2. Water supply table

3. 2021 water bill insert

4. Guadalupe municipal code section 13.04.210
ATTACHMENT 1

STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2022-0018

TO ADOPT AN EMERGENCY REGULATION

TO REDUCE WATER DEMAND AND IMPROVE WATER CONSERVATION
WHEREAS:

1. On April 21, May 10, July 8, and October 19, 2021, Governor Newsom issued proclamations that a state of emergency exists statewide due to severe drought conditions and directed state agencies to take immediate action to preserve critical water supplies and mitigate the effects of drought and ensure the protection of health, safety, and the environment.

2. These proclamations urge Californians to reduce their water use.

3. On March 28, 2022, Governor Newsom signed an Executive Order directing the State Water Resources Control Board (State Water Board or Board) to consider adopting emergency regulations to increase water conservation. The Executive Order includes a request that the Board require urban water suppliers to implement Level 2 of their water shortage contingency plans, establish water shortage response actions for urban water suppliers that have not submitted water shortage contingency plans, taking into consideration model actions that the Department of Water Resources, and establish a ban on the irrigation of nonfunctional turf by entities in the commercial, industrial, and institutional sectors.

4. Many Californians and urban water suppliers have taken bold steps over the years to reduce water use; nevertheless, the severity of the current drought requires additional conservation actions from urban water suppliers, residents, and the commercial, industrial, and institutional sectors.

5. Water conservation is the easiest, most efficient, and most cost-effective way to quickly reduce water demand and extend limited water supplies through this summer and into the next year, providing flexibility for all California communities.

Water saved is water available next year, giving water suppliers added flexibility to manage their systems effectively over time. The more water that is conserved now, the less likely it is that a community will experience dire shortages that may require water rationing or other emergency actions.

6. Most Californians use more water outdoors than indoors. In many areas, 50 percent or more of daily water use is for irrigation of lawns and outdoor landscaping irrigation. Outdoor water use is generally discretionary, and many irrigated landscapes would not suffer greatly from receiving a decreased amount of water.
2 7. The use of potable water to irrigate turf on commercial, industrial, or institutional properties that is not regularly used for human recreational purposes or for civic or community events can be reduced in commercial, industrial, and institutional areas to protect local water resources and enhance water resiliency.

8. Public information and awareness are critical to achieving conservation goals, and the Save Our Water campaign (SaveOurWater.com), run jointly by the Department of Water Resources (DWR) and the Association of California Water Agencies, is an excellent resource for conservation information and messaging that is integral to effective drought response.

9. SaveWater.CA.Gov is an online tool designed to help save water in communities.

This website lets anyone easily report water waste from their phone, tablet, or computer by simply selecting the type of water waste they see, typing in the address where the waste is occurring, and clicking send. These reports are filed directly with the State Water Board and relevant local water supplier.

10.Enforcement against water waste is a key tool in conservation programs. When conservation becomes a social norm in a community, the need for enforcement is reduced or eliminated.

11.On March 28, 2022, the Governor suspended the environmental review required by the California Environmental Quality Act to allow State Water Board-adopted drought conservation emergency regulations and other actions to take place quickly to respond to emergency conditions.

12.Water Code section 1058.5 grants the State Water Board the authority to adopt emergency regulations in certain drought years in order to: “prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling or water conservation, to require curtailment of diversions when water is not available under the diverter’s priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the preparation of monitoring reports.”

13.On May 13, 2022, the State Water Board issued public notice that it will consider the adoption of the regulation at the Board’s regularly scheduled May 24, 2022 public meeting, in accordance with applicable State laws and regulations. The State Water Board also distributed for public review and comment a Finding of Emergency that complies with State laws and regulations.

14.The emergency regulation exempts suppliers from enforcing connection moratoria, if their Level 2 demand management actions call for them, because new residential connections are critical to addressing the state’s housing supply shortage. However, the Board recognizes connections for other projects may not be appropriate given the shortage conditions and urges water suppliers to carefully evaluate new development projects for their water use impacts. 3 15.Disadvantaged communities may require assistance responding to Level 2 conservation requirements, including irrigation restrictions, temporary changes to rate structures, and prohibited water uses. State shortage contingency plans aimed at increasing water conservation, and state and local agencies should look for opportunities to provide assistance in promoting water conservation. This assistance should include but not be limited to translation of regulation text and dissemination of water conservation announcements into languages spoken by at least 10 percent of the people who reside in a water supplier’s service area, such as in newspaper advertisements, bill inserts, website homepage, social media, and notices in public libraries.

16.The Board directs staff to consider the following in pursuing any enforcement of section 996, subdivision (e): before imposing monetary penalties, staff shall provide one or more warnings; monetary penalties must be based on an ability to pay determination, consider allowing a payment plan of at least 12 months, and shall not result in a tax lien; and Board enforcement shall not result in shutoff.

17.The Board encourages entities other than Board staff that consider any enforcement of this regulation to apply these same factors identified in resolved paragraph 16. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Moreover, the Water Code does not impose a mandatory penalty for violations of the regulation adopted by this resolution, and local agencies retain their enforcement discretion in enforcing the regulation, to the extent authorized, and may develop their own progressive enforcement practices to encourage conservation.

THEREFORE BE IT RESOLVED THAT:

1. The State Water Board adopts California Code of Regulations, title 23, section 996, as appended to this resolution as an emergency regulation that applies to urban water suppliers, as defined by Water Code section 10617.

2. State Water Board staff shall submit the regulation to the Office of Administrative Law (OAL) for final approval.

3. If, during the approval process, State Water Board staff, the State Water Board, or OAL determines that minor corrections to the language of the regulation or supporting documentation are needed for clarity or consistency, the State Water Board Executive Director or designee may make such changes. 4 4. This regulation shall remain in effect for one year after filing with the Secretary of State unless the State Water Board determines that it is no longer necessary due to changed conditions or unless the State Water Board renews the regulation due to continued drought conditions, as described in Water Code section 1058.5.

5. The State Water Board directs State Water Board staff to work with the Department of Water Resources and the Save Our Water campaign to disseminate information regarding the emergency regulation.

6. The State Water Board directs staff to, by January 1, 2023, survey urban water suppliers on their experience protecting trees and tree cover during drought, with attention to disadvantaged communities. The survey shall inquire about challenges encountered, strategies used, costs, and successes in protecting trees.

7. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Local agencies are encouraged to develop their own progressive enforcement practices to promote conservation.

CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on May 24, 2022.

AYE: Chair E. Joaquin Esquivel
Vice Chair Dorene D’Adamo
Board Member Sean Maguire
Board Member Laurel Firestone
NAY: None
ABSENT: Board Member Nichole Morgan
ABSTAIN: None
Jeanine Townsend
Clerk to the Board
5 ADOPTED EMERGENCY REGULATION TEXT
Version: May 24, 2022
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Article 2. Prevention of Drought Wasteful Water Uses
§ 996. Urban Drought Response Actions
(a) As used in this section:
(1) “Commercial, industrial and institutional” refers to commercial water users, industrial water users, and institutional water users as respectively defined in Water Code, section 10608.12, subdivisions (e), (i), and (j), and includes homeowners’ associations, common interest developments, community service organizations, and other similar entities but does not include the residences of these entities’ members or separate interests.
(2) “Common interest development” has the same meaning as in section 4100 of the Civil Code.
(3) “Community service organization or similar entity” has the same meaning as in section 4110 of the Civil Code.
(4) “Homeowners’ association” means an “association” as defined in section 4080 of the Civil Code.
(5) “Non-functional turf” means turf that is solely ornamental and not regularly used for human recreational purposes or for civic or community events. Nonfunctional turf does not include sports fields and turf that is regularly used for human recreational purposes or for civic or community events. (6) “Plant factor” has the same meaning as in section 491. (7) “Separate interest” has the same meaning as in section 4185 of the Civil Code.
(8) “Turf” has the same meaning as in section 491.
(9) “Urban water supplier” has the same meaning as Water Code section 10617. (10) “Water shortage contingency plan” means the plan required by Water Code section 10632.
(b) Each urban water supplier shall submit to the Department of Water Resources a preliminary annual water supply and demand assessment consistent with section 6 10632.1 of the Water Code no later than June 1, 2022, and submit a final annual water supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code. (c) (1) Each urban water supplier that has submitted a water shortage contingency plan to the Department of Water Resources shall implement by June 10, 2022, at a minimum, all demand reduction actions identified in the supplier’s water shortage contingency plan adopted under Water Code 10632 for a shortage level of ten (10) to twenty (20) percent (Level 2).
(2) Notwithstanding subdivision (c)(1), urban water suppliers shall not be required to implement new residential connection moratoria pursuant to this section. (3) Notwithstanding subdivision (c)(1), an urban water supplier may implement the actions identified in subdivision (d) in lieu of implementing the demand reduction actions identified in the supplier’s water shortage contingency plan adopted under Water Code section 10632 for a shortage level of ten (10) to twenty (20) percent (Level 2), provided the supplier meets all of the following:
(i) The supplier’s annual water supply and demand assessment submitted to the Department of Water Resources demonstrates an ability to maintain reliable supply until September 30, 2023.
(ii) The supplier does not rely on, for any part of its supply, the Colorado River, State Water Project, or Central Valley Project, and no more than ten (10) percent of its supply comes from critically overdrafted groundwater basins as designated by the Department of Water Resources.
(iii) The supplier's average number of gallons of water used per person per day by residential customers for the year 2020 is below 55 gallons, as reported to the Board in the Electronic Annual Report.
(d) Each urban water supplier that has not submitted a water shortage contingency plan to the Department of Water Resources shall, by June 10, 2022, and continuing until the supplier has implemented all demand reduction actions identified in the supplier’s water shortage contingency plan adopted under Water Code 10632 for a shortage level of ten (10) to twenty (20) percent (Level 2), implement at a minimum the following actions:
(1) Initiate a public information and outreach campaign for water conservation and promptly and effectively reach the supplier’s customers, using efforts such as email, paper mail, bill inserts, customer app notifications, news articles, websites, community events, radio and television, billboards, and social media. (2) Implement and enforce a rule or ordinance limiting landscape irrigation with potable water to no more than two (2) days per week and prohibiting landscape irrigation with potable water between the hours of 10:00 a.m. and 6:00 p.m. (3) Implement and enforce a rule or ordinance banning, at a minimum, the water uses prohibited by section 995. Adoption of a rule or ordinance is not required if the supplier has authority to enforce, as infractions, the prohibitions in section 995 and takes enforcement against violations.
7 (e) (1) To prevent the unreasonable use of water and to promote water conservation, the use of potable water is prohibited for the irrigation of non-functional turf at commercial, industrial, and institutional sites.
(2) Notwithstanding subdivision (e)(1), the use of water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need.
(3) Notwithstanding subdivision (e)(1), an urban water supplier may approve a request for continued irrigation of non-functional turf where the user certifies that the turf is a low water use plant with a plant factor of 0.3 or less, and demonstrates the actual use is less than 40% of reference evapotranspiration. (f) The taking of any action prohibited in subdivision (e) is an infraction punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. The fine for the infraction is in addition to, and does not supersede or limit, any other remedies, civil or criminal.
(g) A decision or order issued under this section by the Board, or an officer or employee of the Board, is subject to reconsideration under article 2 (commencing with section 1122) of chapter 4 of part 1 of division 2 of the Water Code.

Authority: Section 1058.5, Water Code.

References: Article X, Section 2, California Constitution; Sections 4080, 4100, 4110, and 4185, Civil Code; Section 8627.7, Government Code; Sections 102, 104, 105, 275, 350, 377, 491, 1122, 10608.12, 10617, 10632, and 10632.1, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463; Stanford Vina Ranch Irrigation Co. v. State of California (2020) 50 Cal.App.5th 976.

State water allocation Recharge from Total rainfall
Year % Twitchell reservoir, ac-ft inches
2010 3 14,050 17.1
2011 80 92,312 23.28
2012 65 7,383 9.2
2013 35 2,686 5.74
2014 5 475 4.21
2015 20 55 8.1
2016 60 322 9.34
2017 85 74,398 18.4
2018 35 11,140 7.02
2019 75 50,825 15.25
2020 20 5,172 11.99
2021 5 3,133 7.62
Expected long term avg 64 40,000 13
Actual 10 year avg 41 21,829 11

WATER SUPPLY SUMMARY
ATTACHMENT 2
ATTACHMENT 2
The City of Guadalupe and State Drought Conditions
Many areas of California are experiencing water shortage conditions. Fortunately, this is not currently the case in Guadalupe.

Even though the City of Guadalupe is not in of immediate danger of running out of water, there are things residents and businesses can do to be good stewards of this precious and limited resource. To determine if there is an opportunity for water savings, review your water bill. Residents can multiply the number of people in the house by two. If the number of units used in one month exceeds that number, there is an opportunity for water savings. Residents and businesses should consider adopting one or two of the potential water savings below to save money and water. Anyone can call the Public Works department at 805 – 356 – 3910 to get help finding potential savings. • Check the water meter. If it spins even when no one (including your refrigerator’s ice maker) is using water in the house, there is a leak. Fix the leak to save water and money. • Check irrigation clocks. Most yards do not need to be watered more than 3 times a week.

During power outages, some irrigation clocks default to undesirable settings. Also, newly landscaped yards need to be watered more than established yards. Once the vegetation is established, the irrigation clock needs to be adjusted to use less water. • Is there a water softener? Is it one that requires adding salt? If so, it uses a lot of water to regenerate. Water can be saved by changing to an exchange tank service. Exchange tanks get regenerated outside the area, and it reduces the amount of salt that goes into the wastewater system and eventually onto local land, which is bad for agriculture. • Replace grass. Grass is not native to this area. It uses a lot of water, chemicals, and time for maintenance. Consider replacing it with native plants, like the ones you can find in the community garden at the intersection of 5th and Campodonico. Some people think native gardens are ugly. They don’t have to be. There are great examples online. • Old toilets, dishwashers, clothes washers use considerably more water than new ones. Replace them with water and energy saving devices.
• Consider replacing old showerheads. The City has free ones available. • Turn faucets off when not actively using water. Water does not need to run when shaving, brushing teeth, or scrubbing the car. Teach these good habits to children for a lifetime of water savings.
• Run dishwashers and clothes washers only with full loads. These devices use the same amount of water whether for one shirt or dish or for an entire load. • Check sprinklers. Make sure the sidewalk, the street, or a driveway is not being watered.

ATTACHMENT 3
ATTACHMENT 3
La Ciudad de Guadalupe y la Condición Sequia del Estado Muchas áreas de California están experimentando condiciones de sequía. Afortunadamente, este no es el caso en Guadalupe.

Aunque la Ciudad de Guadalupe no esta en peligro de que se acabe el agua, hay muchas cosas que los residentes y comercios pueden hacer para ser buenos administradores de este preciado y limitado recurso. Para determinar si hay una oportunidad de ahorrar agua, revise su factura. Residentes puede multiplicar la cantidad de gente en su casa por dos. Si el numero de unidades que use en un mes excede ese número, hay una oportunidad de ahorrar agua. Residentes y comercios debería considerar y adoptar una de estas dos formas siguientes de ahorrar agua. Cualquiera puede llamar al departamento de servicio al publico at 805-356-3910 para recibir ayuda en encontrar ahorros potenciales. • Revise el medidor de agua. Si da vuelta cuando nadie use el agua en casa, hay una fuga de agua.

Arregle el agua y ahorrara agua y dinero.
• Revise los relojes de riego. La mayoría de los pastos no necesitan agua mas de 3 veces por semana. Durante apagues de luz, algunos relojes tienen que ser reprogramados. También, los pastos nuevos tienen que regarse mas que los pastos ya establecidos. Ya que la vegetación esta establecida, los relojes de riego pueden ser ajustados para usar menos agua. • ¿Hay una ablandador de agua? ¿Es uno que requiera sal? Y si es, usa mucha agua para generar.

Se puede ahorrar agua al cambiar por un tanque remplazante. Tanques remplazantes se regeneran fuera del área, y reduce la cantidad de sal que termina en el sistema de drenaje y eventualmente en nuestras tierras locales, y eso es mal para la agricultura. • Remplace su pasto. Pasto no es nativo en esta área. Usa mucha agua, químicos, tiempo y mantenimiento. Considere remplazarlo con plantas nativas, como las que encuentra en el jardín de la comunidad en la intersección de calle 5 y Campodonico. Algunas personas piensan que jardines nativos son feos. No tienen que ser feos. Hay buenos ejemplos en línea web. • Viejos escusados, lavaplatos, lavadoras de ropa usan consideradamente mas agua que los nuevos. Remplácelos con unos que sean de baja agua y energía. • Considere remplazar los cabezales de ducha. La Ciudad tiene algunos sin costo. • Apague los grifos cuando no esta usando agua. Agua no tiene que correr cuando se rasura, lava los dientes, o tallando el carro. Enseñe estos buenos hábitos a los niños para que sepan ahorrar agua.
• Prenda el lavaplatos y lavadoras cuando estén llenas. Estos aparatos usan la misma cantidad de agua si tienen una camisa o un plato o cuando estén llenas. • Revise los aspersores. Asegúrese que la banqueta, la calle, o el estacionamiento de carro no se estén regando.

GUADALUPE MUNICIPAL CODE SECTION 13.04.210

13.04.210 Wasting water prohibited.

It is unlawful for any person to willfully or negligently waste water. The term “waste” shall include, without limitation:

A. The watering of grass, lawns, ground cover, shrubbery, open ground, crops and trees, including greenbelt, golf course and agricultural irrigation, in a manner or to the extent which allows unreasonable excess water to run off the area being watered. Every water user is deemed to have under his or her control at all times the water distribution lines and facilities serving his or her property and is chargeable with knowledge of the manner and extent of his or her water excess runoff.

B. The washing of sidewalks, walkways, driveways, parking lots and other hard surface areas by direct hosing where unreasonable amounts of such water will run off without secondary benefit.

Exceptions are: (1) the washing of residential patios, commercial food service establishment patios, and hard surface areas around swimming pools; (2) the washing of hard surface areas necessary to dispose of dangerous liquids or substances, or as necessary to prevent or eliminate matters dangerous to the public health and safety, including spillage of foodstuffs and other matter, which cannot be swept, scraped, shoveled or otherwise removed other than by washing; and (3) for aesthetic purposes the washing of commercial sector sidewalks (not streets) on an as needed not daily basis, for removal of material not otherwise covered in this section.

C. The escape of water through breaks or leaks within any water user’s plumbing or distribution system for an unreasonable period of time within which such break or leak should reasonably have been discovered and corrected. It shall be presumed that a period of 24 hours after the water user discovers such leak or break, or receives notice from the City of such leak or break, whichever occurs first, is a reasonable time within which to correct, or to implement correction, of such leak or break. (Ord. 2016- 443 §1; Ord. 135 §9, 1973)
ATTACHMENT 4
Agenda Item No. 13

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of June 14, 2022
_______________________________ ______________________________ Prepare by: Approved by:

Philip F. Sinco, City Attorney Todd Bodem, City Administrator SUBJECT: Introduction of an ordinance of the City of Guadalupe, California, amending portions of Chapter 3.20 of Title 3 of the Guadalupe Municipal Code related to Transient Occupancy Tax to increase the tax rate from 6% to 10% as well as increase the types of occupancy categories subject to the tax.

RECOMMENDATION:

That the City Council introduce, for the first reading, and continue to the next meeting for second reading and adoption, an ordinance to increase the transient occupancy tax rate from 6% to 10% as well as increase the types of occupancy categories subject to the tax to specifically include short-term rentals, RV parks, and campgrounds.

BACKGROUND:

California Revenue and Tax Code section 7280 (Section 7280) provides the legal authority for general law cities such as Guadalupe to impose a transient use tax. This tax is imposed on temporary lodgings of various sorts where the lodging is rented for less than thirty (30) consecutive days).

Section 7280 provides:

The legislative body of any city or county may levy a tax on the privilege of occupying a room or rooms or other living space, in a hotel, inn, tourist home or house, motel, or other lodging unless the occupancy is for any period of more than 30 days. The tax when levied by the legislative body of a county shall apply only to the unincorporated areas of the county.

There are some exceptions to TOT including the imposition of TOT on a time-share estate (Section 7280(b) or on campsites in a state park system (Section 7280(c)).

TOT also does not apply to federal employees traveling on business (although TOT does apply to state employees traveling on business).

Philip F. Sinco
Any new TOT or any increase in the existing rate of the tax must be approved by a city’s voters.

Since TOT is a general tax, only a majority vote in favor is required (rather than 2/3rd approval for a special tax). The revenue raised by TOT is placed in a city’s general fund and may be used for any government purpose (unless the ballot measure designates that it will be used for a specific purpose, in which case it is a special tax and must be approved by 2/3rd of the voters). The TOT measure being proposed for the City Council’s consideration is a general tax.

DISCUSSION:

Although there are no commercial transient facilities currently operating in the City, there are a few private short-term rentals offered through various online platforms (e.g., AirBnB, VRBO, etc.) and transient stays at these private facilities are subject to the payment of TOT for each such stay. The City Council recently adopted an ordinance for these short-term rentals which, among other things, requires the owners of these properties to pay TOT for guest stays. Staff estimated that the amount of TOT that might be collected on the short-term rentals known to be operating (at the current 6% rate) might generate between $12,000 to $15,000 in revenue annually for the City. Increasing this rate to 10% would then possibly increase City revenue to $21,000 to $31,500 annually. This estimate is based on the number of short-term rentals believed to be currently operating in the City. Although there are no hotels, motels, inns, bed and breakfasts, RV parks, or campgrounds currently operating in the City, the City hopes to attract one or more such facilities as part of its overall economic development efforts. The amount of revenue the City would receive is one or more of these facilities should commence operations in the City will significantly increase.

For the Council’s reference, a list of the current TOT rates for various cities in San Luis Obispo and Santa Barbara counties is as follows:

San Luis Obispo County
Arroyo Grande 10%
Atascadero 13%
Grover Beach 10%
Morro Bay 10%
Pismo Beach 11%
San Luis Obispo 10%
Paso Robles 13%
Santa Barbara County
Buellton 12%
Carpinteria 12%
Guadalupe 6%
Lompoc 10%
Santa Barbara 12%
Santa Maria 10%
Solvang 12%
As can be seen, the City of Guadalupe’s rate is significantly lower than every other city in San Luis Obispo and Santa Barbara Counties.

ALTERNATIVE:

The Council can decline to introduce the proposed ordinance.

FISCAL IMPACT:

The proposed ordinance, if approved the voters, will result in additional general fund revenue in the amount of approximately $20,000 to $30,000 per year. Revenue would significantly increase should any hotels, motels, inns, bed and breakfasts, RV parks, or campgrounds commence operations in the City.

ATTACHMENTS:

1. Ordinance No. 2022-502 entitled “An Ordinance of the City of Guadalupe, California, Amending Portions of Chapter 3.20 to Title 3 of the Guadalupe Municipal Code Relating to Transient Occupancy Tax to Increase the Tax Rate from 6% to 10% as well as Increase the Types of Occupancy Categories Subject to the Tax.”
ORDINANCE NO. 2022-502

AN ORDINANCE OF THE CITY OF GUADALUPE, CALIFORNIA, AMENDING PORTIONS OF CHAPTER

3.20 OF TITLE 3 OF THE GUADALUPE MUNICIPAL CODE RELATED TO TRANSIENT OCCUPANCY TAX TO INCREASE THE TAX RATE FROM 6% TO 10% AS WELL AS

INCREASE THE TYPES OF OCCUPANCY CATEGORIES SUBJECT TO THE TAX WHEREAS, under the provisions of the laws in the State of California, a general municipal election shall be held on November 8, 2022, for the election of municipal officers; and WHEREAS, the City Council also desires to allow the voters of the City of Guadalupe the opportunity to increase the rate of the City’s Transient Occupancy Tax (TOT) from 6% to 10% to remain in effect until ended by voters; and
WHEREAS, the City Council also wishes to change the definition of “hotel” (which is not limited to hotels only, but includes other types of transient occupancies) to a definition of “lodging” which will include the same transient occupancies listed under the current definition of “hotel” to also include additional occupancies such as short-term rentals, campsites, and recreational vehicle parks.

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

SECTION 1. Section 3.20.010 of Chapter 3.20 of Title 3 of the Guadalupe Municipal Code is hereby amended as follows:

3.20.010 Definitions.

For purposes of this chapter, the following words and phrases are defined as follows:

A. “HotelLodging” means any structure, or any portion of any structure, reserved outdoor space, or other premises or area, which is occupied or intended or designated for occupancy by transients for dwelling, lodging, or sleeping purposes, and includes any hotel, motel, inn, short-term rental (as defined in Section 18.55.02.D), bed and breakfast, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof,. recreational vehicle park, campground, or parking area, or any other property rented to a “transient” as defined below.

B. “Occupancy” means the use or possession, or the right to the use or possession, of any room or rooms, or portions thereof, in any hotel lodging for dwelling, lodging, or sleeping purposes.

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ATTACHMENT 1
C. “Operator” means the person who is proprietor of the hotel any lodging, whether in the capacity owner, lessee, sublessee, mortgagee in possession, licensee, or any other capacity. Where the operator performs his or her functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this chapter and shall have the same duties and liabilities as his or her principal. Compliance with the provisions of this chapter by either the principal or the managing agent shall, however, be considered to be compliance by both.

D. “Person” means any individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit.

E. “Rent” means the consideration charged, whether or not received, for the occupancy of space in a hotel, valued in money, whether to be received in money, goods, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever.

F. “Tax Administrator” means the City Clerk Director of Finance.

G. “Transient” means any person having occupancy of a lodging for a period of 30 consecutive calendar days or less regardless of the form of agreement, license, permit or entitlement. Any person occupying a lodging shall be deemed to be a transient until the period of 30 days has expired unless there is an agreement in writing, between the operator and the occupant, providing for a longer period of occupancy.

SECTION 2. Section 3.20.020 of Chapter 3.20 of Title 3 of the Guadalupe Municipal Code is hereby amended as follows:

3.20.020 Tax imposed—Amount—Payment.

For the privilege of occupancy in any hotel lodging, each transient is subject to and shall pay a tax in the amount of 610% of the rent charged by the operator. Such tax constitutes a debt owed by the transient to the City which is extinguished only by payment to the operator or the City. The transient shall pay the tax to the operator of the hotel lodging at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient’s ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel lodging, the Tax Administrator may require that such tax shall be paid directly to the Tax Administrator.

SECTION 3. Section 3.20.030 of Chapter 3.20 of Title 3 of the Guadalupe Municipal Code is hereby amended as follows:

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3.20.030 Exemptions.

A. No tax shall be imposed upon:

1. Any person as to whom, or any occupancy as to which, it is beyond the power of the City to impose the tax herein provided;

2. Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty.

3. An “organized camp” as defined in California Health & Safety Code section 18897.

4. Housing operated by or used exclusively for religious, charitable, or educational purposes by any organization which has obtained exemption from property taxes under the laws of California for the period the tax would otherwise be imposed.

5. Any campsite in a unit of the state park system.

B. No exemption shall be granted except upon a claim therefor made under penalty of perjury at the time rent is collected, upon a form prescribed by the Tax Administrator.

SECTION 4. Section 3.20.040 of Chapter 3.20 of Title 3 of the Guadalupe Municipal Code is hereby amended as follows:

3.20.040 Registration ofhotels lodgings.

Within 30 days after the effective date of the ordinance codified in this chapter, or within 30 days after commencing business, whichever is later, each operator of any hotel lodging renting occupancy to transients shall register such hotel lodging with the Tax Administrator and obtain from him or her a “Transient Occupancy Registration Certificate,” to be at all times posted in a conspicuous place on the premises. The certificate shall, among other things, state the following:

A. The name of the operator;
B. The address of the hotellodging;
C. The date upon which the certificate was issued;
D. “This Transient Occupancy Registration Certificate signifies that the person named on the face hereof has fulfilled the requirements of the Uniform Transient Occupancy Tax ordinance by registering with the Tax Administrator for the purpose of Formatted: Indent: Left: 0.5", First line: 0.31"
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collecting from transients the Transient Occupancy tax and remitting said tax to the Tax Administrator. This certificate does not authorize any person to conduct any unlawful business or to conduct any lawful business in an unlawful manner, nor to operate a hotel lodging without strictly complying with all local applicable laws, including but not limited to those requiring a permit from any board, commission, department, or office of this City. This certificate does not constitute a permit.” SECTION 5. Section 3.20.050 of Chapter 3.20 of Title 3 of the Guadalupe Municipal Code is hereby amended as follows:

3.20.050 Operator’s collection duties.

Each operator shall collect the tax imposed by this chapter to the same extent and at the same time as the rent is collected from every transient. The amount of tax shall be separately stated from the amount of the rent charged, and each transient shall receive a receipt for payment from the operator. No operator of a hotel lodging shall advertise or state in any manner, whether directly or indirectly, that the tax or any part thereof will be assumed or absorbed by the operator, or that it will not be added to the rent, or that, if added any part will be refunded except in the manner hereinafter provided.

SECTION 6. USE OF TAX PROCEEDS. The proceeds of the tax approved by this Ordinance may be used for unrestricted general revenue purposes.

SECTION 7. SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

SECTION 8. ELECTION REQUIRED. This Ordinance shall not become operative unless and until a majority of the electors voting on this measure vote to approve the imposition of the tax at the General Election to be held on November 8, 2022.

SECTION 9. EFFECTIVE DATE. This Ordinance relates to the levying and collecting of the City’s transient occupancy tax and shall take effect immediately.

SECTION 10. COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA guidelines, and the City’s environmental procedures, and has been found to be exempt pursuant to § 15601(b)(3) (general rule) and § 15378(b)(4) of the CEQA Guidelines.

The transient occupancy tax imposed by the adoption of this Ordinance is a general tax that can be used for any legitimate governmental purpose; it is not a commitment to any particular action.

The City Council hereby finds with certainty that there is no possibility the passage of this Ordinance will have a significant effect on the environment. Additionally, it creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. If revenue from the tax were used for a purpose that would have either such effect, the City would undertake the required CEQA review for that particular project at the earliest feasible date.

SECTION 11. CLERICAL CORRECTION. 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 held this 14th day of June 2022, by the following roll call vote, subject to voter approval at the November 8, 2022, General Municipal Election.

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Amelia M. Villegas, City Clerk
________________________
Ariston Julian, Mayor
APPROVED AS TO FORM:
________________________________
Phillip F. Sinco, City Attorney
1 Agenda Item No. 14

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of June 14, 2022

_______________________________ ______________________________ Prepared by: Approved by:

Philip F. Sinco, City Attorney Todd Bodem, City Administrator SUBJECT: Calling and Giving Notice of the General Municipal Election to be held on November 8, 2022, and Consideration of Submitting to the Voters a Measure to Increase the Transient Occupancy Tax Rate from 6% to 10% and Increase the Types of Occupancy Categories Subject to the Tax
RECOMMENDATION:

That the City Council adopt the following resolutions required in conjunction with the general municipal election to be held on November 8, 2022, and for submission to the voters a measure to increase the transient occupancy tax rate from 6% to 10% as well as increase the types of occupancy categories subject to the tax to specifically include short-term rentals, RV parks, and campgrounds:
1) Resolution No. 2022-47 calling and giving notice for the holding of a general municipal election on November 8, 2022, for the election of certain officers as required by the provisions of the laws of the State of California, and for submission to the voters for approval of a question relating to the increase of the local transient occupancy tax from 6% to 10% until ended by the voters, as well as increase the types of occupancy categories subject to the tax to specifically include short-term rentals, RV parks, and campgrounds; and
2) Resolution No. 2022-48 requesting that the Board of Supervisors consolidate the City's general municipal election with the statewide general election and requesting services from the County for election of the Mayor, two Council members, and the City Treasurer, and submission to the voters for approval of a question relating to the increase of the local transient occupancy tax from 6% to 10% until ended by the voters as well as increase the types of occupancy categories subject to the tax to specifically include shortterm rentals, RV parks, and campgrounds; and 3) Resolution No. 2022-49 establishing regulations for candidates’ statements; and Philip F. Sinco
2 4) Resolution No. 2022-50 setting priority to the City Council for filing a written argument in favor of the measure relating to the increase of the local transient occupancy tax from 6% to 10% until ended by the voters as well as increase the types of occupancy categories subject to the tax to specifically include short-term rentals, RV parks, and campgrounds, and directing the City Attorney to prepare an impartial analysis; and 5) Resolution No. 2022-51 providing for the filing of rebuttal arguments; 6) OR, in the alternative:

A. A resolution calling and giving notice for the holding of a general municipal election on November 8, 2022, for the election of certain officers as required by the provisions of the laws of the State of California; and
B. A resolution requesting that the Board of Supervisors consolidate the City's general municipal election with the statewide general election and requesting certain services from the County for election of the Mayor, two Council members, and the City Treasurer; and
C. A resolution establishing regulations for candidates’ statements; and 7) By motion, authorize the Mayor or two members of the City Council to work with staff on a written argument in favor of the measure relating to the increase of the local transient occupancy tax from 6% to 10% until ended by the voters as well as increase the types of occupancy categories subject to the tax to specifically include short-term rentals, RV parks and campgrounds.

BACKGROUND:

Every two years, the City conducts a general municipal election to elect officers to represent its residents. The Mayor is elected to a two-year term. The other four members of the City Council, and the offices of City Clerk and City Treasurer are all elected for four-year terms. The terms of the four (4) members of the City Council are staggered with only two (2) seats up for election every two (2) years. The positions of the City Clerk and City Treasurer are also staggered with one office up for election two (2) years apart from the other.

The City’s general municipal election is held in conjunction with the statewide general election in November of every even year pursuant to Section 2.56.010 of the Guadalupe Municipal Code.

The City consolidates with the Santa Barbara County Elections Division which then conducts the election, tallies the results, and supplies the City with certified election results.

The costs for the election are borne by the City, with the exception of candidate statements of qualifications. Candidates pay any costs associated with publishing their statements in the sample ballot pamphlet.
3 DISCUSSION:

This year, the City will conduct its general municipal election on Tuesday, November 8, 2022, to elect the Mayor, two City Councilmembers, and the City Treasurer.

The City Council is also being asked to consider placement of a measure on the November 8, 2022, ballot, asking the voters to increase the City’s transient occupancy tax (TOT) from 6% to 10% until ended by voters as well as increase the types of occupancy categories subject to the tax to specifically include short-term rentals, RV parks, and campgrounds. Although there are no hotels, motels, or similar lodgings, nor any private RV parks or campgrounds currently operating in the City, as part of economic development, the establishment of such commercial facilities in the City would be desirable, and staff is anticipating making efforts to attract or encourage the establishment of one or more such facilities. Staff would prefer to have the TOT rate increased from 6% to 10% prior to undertaking such efforts if the Council supports raising the TOT rate to 10%. In addition, although there are no commercial transient facilities currently operating in the City, there are a number of private short-term rentals offered through various online platforms (e.g., AirBnB, VRBO, etc.) and transient stays at these private facilities are subject to the payment of TOT for each such stay. The City Council recently adopted an ordinance for these short-term rentals which, among other things, requires the owners of these properties to pay TOT for guest stays. Staff estimated that the amount of TOT that might be collected on the short-term rentals known to be operating (at the current 6% rate) might generate between $12,000 to $15,000 in revenue annually for the City. Increasing this rate to 10% would then possibly increase City revenue to $21,000 to $31,500 annually.

For the Council’s reference, a list of the current TOT rates for various cities in San Luis Obispo and Santa Barbara counties is as follows:

San Luis Obispo County
Arroyo Grande 10%
Atascadero 13%
Grover Beach 10%
Morro Bay 10%
Pismo Beach 11%
San Luis Obispo 10%
Paso Robles 13%
Santa Barbara County
Buellton 12%
Carpinteria 12%
Guadalupe 6%
Lompoc 10%
Santa Barbara 12%
Santa Maria 10%
Solvang 12%
4 As can be seen, the City’s current rate of 6% is far lower than any other city in both of these counties.

Calling of the Election and Consolidation, and Regulating Candidates’ Statements In addition to calling for the City’s general municipal election (see Resolution No. 2022-47, Attachment 1), the City will also be requesting that the County Board of Supervisors consolidate its general municipal election of City officers with the statewide general election, including the proposed measure should the Council decide to submit this measure to the voters for approval (see Resolution 2022-48, Attachment 2). Thereafter, the County will bill the City for its pro rata share of the costs to conduct the consolidated election for the Mayoral, Councilmembers, and City Treasurer races, as well as for the ballot measure (if the Council so chooses to submit the measure to the voters), tally the results, and supply the City with certified election results. The costs for printing the candidates’ statement of qualifications in the sample ballot are recovered from the candidates. If a candidate decides to submit a candidate’s statement, a deposit is required when the candidate submits his/her nomination papers. If the actual printing costs are less than the deposited amount, the balance is refunded to each candidate. Should the cost be more, the candidate is billed for the additional amount. (See Resolution No. 2022-49, Attachment 3).

Santa Barbara County has been designated as a bilingual county for election purposes. This means that all ballots, all information in the sample ballot, and all information submitted to voters, must be published in both English and Spanish. In order to ensure cost recovery for any candidates' statements, staff is recommending a deposit in the amount of $1,000 for each Candidate’s statement.

Impartial Analysis and Arguments/Rebuttals for Proposed Measure Should the City Council decide to include the proposed measure on the November 8, 2022, ballot, the Council should direct that the City Attorney prepare an impartial analysis of the measure and should authorize the preparation of an argument in favor of the ordinance to appeal on the sample ballot.

Under Elections Code Section 9280:

Whenever any city measure qualifies for a place on the ballot, the governing body may direct the city elections official to transmit a copy of the measure to the city attorney, unless the organization or salaries of the office of the city attorney are affected. The city attorney shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure.

The impartial analysis is typically provided along with the text of the ordinance in voters’ sample ballots. Staff recommends that an impartial analysis of the measure be prepared by the City 5 Attorney. Resolution No. 2022-50 (Attachment 4) calls for the analysis to be prepared by the City Attorney.

Furthermore, under Elections Code Section 9282(b), the City Council has the option of preparing an argument in favor of the ordinance that would also be included with the sample ballot materials. The argument must not exceed 300 words. Staff recommends that the Council consider preparation of an argument in favor of the ordinance for inclusion with the ballot. In addition to directing the City Attorney to prepare the impartial analysis of the measure, Resolution No. 2022-50 (Attachment 4) also provides that the Council may prepare an argument in favor of the measure and have first priority in the filing of arguments in favor of the measure.

Lastly, the City Council must also adopt a resolution concerning the filing of rebuttals to arguments in favor of the proposed measure (assuming the Council decides to place the measure on the ballot). (See Resolution No. 2022-51, Attachment 5). The City Council is also authorized to file a rebuttal argument to any arguments submitted against the proposed measure.

Finally, staff recommends that the City Council either authorize the Mayor or two City Councilmembers to prepare a written argument (working with staff) and, if necessary, a rebuttal, which could then be considered by the Council as a whole at subsequent Council meetings. Staff recommends that all five Councilmembers sign the argument/rebuttal if all five members are vote in favor of placing the measure on the ballot. If less than five Councilmembers are in favor of placing the measure on the ballot, staff recommends that the City Council direct the Mayor to sign the written argument/rebuttal on behalf of the Council and decide on additional persons from bona fide associations or individual voters who are eligible to vote on the measure. This action should be taken by way of a motion (after the various resolutions have been adopted).

Procedural Issues
Up to five (5) resolutions are required to initiate this year's election process. These resolutions must be adopted this evening in order to meet the County's deadlines for requesting consolidation services, and for printing the ballot materials. The nomination period for candidates will run from July 18 through August 12, 2022. If an incumbent does not file nomination papers to run for re-election, the nomination period will be extended to August 17, 2022.

As discussed above, the first resolution (Attachment 1) calls for the holding of a general municipal election and submitting the proposed measure to the voters should the Council decide to submit the measure to the voters. The proposed ballot question is included in the resolution calling the election. State law requires the ballot question be no more than 75 words.

The second resolution (Attachment 2) requests the Board of Supervisors of the County of Santa Barbara to consolidate the City’s general municipal election with the general election to be held November 8, 2022, including the proposed measure should the Council decide to submit the measure to the voters. The third resolution (Attachment 3) adopts regulations for candidates’ 6 statements. The County will then coordinate the election and bill the City for its pro rata share of the cost.

The other two resolutions submitted for Council's consideration relate to: (1) the impartial analysis by the City Attorney/submittal of arguments and setting priority for the Council’s argument (Attachment 4), and (2) rebuttal arguments regarding the measure (Attachment 5), again, should the Council decide to submit the measure to the voters. The impartial analysis, arguments, and rebuttals will all appear in the sample ballot pamphlet.

It should be noted that although the Council can place a measure before the voters, can endorse it, and can authorize one or more of its members to write the argument in favor of the measure, the Council but the City cannot spend public funds to promote the passage of the measure once the measure is placed on the ballot.

Alternative
The City Council could choose to not submit the proposed measure to the voters, and if the City Council decides not to place the measure on the ballot, the Council should approve the alternative resolutions 6.A through 6.C. discussed above to call for the general municipal election for the Mayor, two Council members and the City Treasurer.

Fiscal Impact
Sufficient funds for the cost of the election $10,000 have been included in the FY 2022-23 Budget. Funds for publication of candidate statements of qualifications will be paid by the candidates.

RESOLUTION NO. 2022-47

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA, CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 8, 2022, FOR

THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE

STATE OF CALIFORNIA AND FOR THE SUBMISSION TO THE VOTERS FOR APPROVAL OF A QUESTION RELATING TO THE INCREASE IN THE CITY’S TRANSIENT OCCUPANCY TAX FROM SIX PERCENT (6%) TO TEN PERCENT (10%) UNTIL ENDED BY VOTERS AND INCREASING THE TYPES

OF OCCUPANCY CATEGORIES SUBJECT TO THE TAX
WHEREAS, under the provisions of the laws in the State of California, a general municipal election shall be held on November 8, 2022, for the election of municipal officers; and WHEREAS, the City Council also desires to allow the voters of the City of Guadalupe the opportunity to increase the City’s transient occupancy tax rate from 6% to 10% to remain in effect until ended by voters, as well as increase the types of occupancy categories subject to the tax to specifically include short-term rentals, RV parks, and campgrounds.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of the laws of the State of California, there is called and ordered to be held in the City of Santa Maria, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing two members of the City Council for the full term of four years, one Mayor of the City Council for the full term of two years, and one City Treasurer for the full term of four years.

SECTION 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election the following question:

CITY OF GUADALUPE
MEASURE _____
Shall the measure be adopted to increase the City of Guadalupe's Transient Occupancy Tax from 6% to 10% until repealed by city voters, and to add short-term rentals of any type, RV Parks, and campgrounds as lodgings subject to the tax, which is anticipated to raise $20,000 annually, and more if additional lodging facilities commence operations in the City?
YES
NO
SECTION 3. That the proposed complete text of the measure Ordinance submitted to the voters is attached as Exhibit A. Subject to voter approval, the Ordinance increases the City’s transient occupancy tax rate from 6% to 10%, as authorized by Revenue and Taxation Code ATTACHMENT 1
Section 7280, and will increase the types of occupancy categories subject the tax to include, among other types, short-term rentals, RV parks, and campgrounds.

SECTION 4. That the vote requirement for the measure to pass is a simple majority (50 percent + 1) of the votes cast.

SECTION 5. That the ballots to be used at the election shall be in form and content as required by law.

SECTION 6. That the City Clerk is authorized, instructed, and directed to coordinate with the County of Santa Barbara Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 7. That the polls for the election shall be open at seven o’clock (7:00) a.m. of the day of the election and shall remain open continuously from the time until 8:00 o’clock p.m. of the same day when the polls shall be closed, pursuant to Election Code §10242, except as provided in Section 14401 of the Elections Code of the State of California.

SECTION 8. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 9. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 10. That the City Clerk shall certify to the passage and adoption of this resolution and enter in into a book of original resolutions.

SECTION 11. That 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.

SECTION 12. That this Resolution has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA guidelines, and the City's environmental procedures, and has been found to be exempt pursuant to § 15601(b)(3) (general rule) and § 15378(b)(4) of the CEQA Guidelines. The transactions and use tax proposed by the adoption of this Resolution is a general tax that can be used for any legitimate governmental purpose; it is not a commitment to any particular action. The City Council hereby finds with certainty that there is no possibility the passage of this Ordinance will have a significant effect on the environment.

Additionally, it creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. If revenue from the tax were used for a purpose that would have either such effect, the City would undertake the required CEQA review for that particular project at the earliest feasible date.

PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Guadalupe held this 14th day of June 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. 2022-47, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City council, held June 14, 2022, and that same was approved and adopted.

ATTEST:
_________________________________ ________________________ Amelia M. Villegas, City Clerk Ariston Julian Mayor
APPROVED AS TO FORM:
___________________________________
Philip F. Sinco, City Attorney
ORDINANCE NO. 2022-502

AN ORDINANCE OF THE CITY OF GUADALUPE, CALIFORNIA, AMENDING PORTIONS OF CHAPTER

3.20 OF TITLE 3 OF THE GUADALUPE MUNICIPAL CODE RELATED TO TRANSIENT OCCUPANCY TAX TO INCREASE THE TAX RATE FROM 6% TO 10% AS WELL AS

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

SECTION 1. Section 3.20.010 of Chapter 3.20 of Title 3 of the Guadalupe Municipal Code is hereby amended as follows:

3.20.010 Definitions.

For purposes of this chapter, the following words and phrases are defined as follows:

B. “Occupancy” means the use or possession, or the right to the use or possession, of any room or rooms, or portions thereof, in any hotel lodging for dwelling, lodging, or sleeping purposes.

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EXHIBIT A
C. “Operator” means the person who is proprietor of the hotel any lodging, whether in the capacity owner, lessee, sublessee, mortgagee in possession, licensee, or any other capacity. Where the operator performs his or her functions through a managing agent of any type or character other than an employee, the managing agent shall also be deemed an operator for the purposes of this chapter and shall have the same duties and liabilities as his or her principal. Compliance with the provisions of this chapter by either the principal or the managing agent shall, however, be considered to be compliance by both.

F. “Tax Administrator” means the City Clerk Director of Finance.

SECTION 2. Section 3.20.020 of Chapter 3.20 of Title 3 of the Guadalupe Municipal Code is hereby amended as follows:

3.20.020 Tax imposed—Amount—Payment.

SECTION 3. Section 3.20.030 of Chapter 3.20 of Title 3 of the Guadalupe Municipal Code is hereby amended as follows:

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3.20.030 Exemptions.

A. No tax shall be imposed upon:

1. Any person as to whom, or any occupancy as to which, it is beyond the power of the City to impose the tax herein provided;

2. Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty.

3. An “organized camp” as defined in California Health & Safety Code section 18897.

5. Any campsite in a unit of the state park system.

B. No exemption shall be granted except upon a claim therefor made under penalty of perjury at the time rent is collected, upon a form prescribed by the Tax Administrator.

SECTION 4. Section 3.20.040 of Chapter 3.20 of Title 3 of the Guadalupe Municipal Code is hereby amended as follows:

3.20.040 Registration ofhotels lodgings.

3.20.050 Operator’s collection duties.

SECTION 6. USE OF TAX PROCEEDS. The proceeds of the tax approved by this Ordinance may be used for unrestricted general revenue purposes.

SECTION 9. EFFECTIVE DATE. This Ordinance relates to the levying and collecting of the City’s transient occupancy tax and shall take effect immediately.

The transient occupancy tax imposed by the adoption of this Ordinance is a general tax that can be used for any legitimate governmental purpose; it is not a commitment to any particular action.

INTRODUCED at a regular meeting of the City Council held this 14th day of June 2022, by the following roll call vote, subject to voter approval at the November 8, 2022, General Municipal Election.

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Amelia M. Villegas, City Clerk
________________________
Ariston Julian, Mayor
APPROVED AS TO FORM:
________________________________
Phillip F. Sinco, City Attorney
RESOLUTION NO. 2022-48

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA REQUESTING THE

BOARD OF SUPERVISORS OF THE COUNTY OF SANTA BARBARA TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022, WITH THE STATEWIDE GENERAL ELECTION PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE.

WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a general municipal election shall be held on November 8, 2022, for the election of municipal officers; and WHEREAS, under the provisions of the laws in the State of California, a general municipal election shall be held on November 8, 2022, for the election of municipal officers; and WHEREAS, it is desirable that the general municipal election be consolidated with the statewide general election to be held on the same date and that within the City the precincts, polling places, and election officers of the two elections be the same, and that the County Election Division of the County of Santa Barbara, canvass the returns of the general municipal election and that the election be held in all respects as if there were only one election; and
WHEREAS, the City Council also desires to allow the voters of the City of Guadalupe the opportunity to increase the City’s transient occupancy tax rate from 6% to 10% to remain in effect until ended by voters, as well as increase the types of occupancy categories subject to the tax to specifically include short-term rentals, RV parks, and campgrounds.

NOW, THEREFORE, THE CITY COUNCIL DOES RESOLVE, DECLARE, DETERMINE AND REQUEST AS FOLLOWS:

SECTION 1. That pursuant to the requirements of the laws of the State of California relating to general law cities, there is called and ordered to the held in the City of Guadalupe, California, on Tuesday, November 8, 2022 , a general municipal election for the purposes of electing one Mayor of the City, two members of the City Council, and one City Treasurer, and also, a measure relating to an increase of the City’s transient occupancy tax from 6% to 10% until ended by voters.

SECTION 2. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Santa Barbara is hereby requested to consent and agree to the consolidation of the general municipal election with the statewide general election on Tuesday, November 8, 2022 for the purpose of electing one Mayor of the City, two members of the City Council, and one City Treasurer, and also, a measure relating to an increase of the City’s transient occupancy tax from 6% to 10% until ended by voters, as well as increase the types of occupancy categories subject to the tax to specifically include short-term rentals, RV parks, and campgrounds.

SECTION 3. That the measure is to appear on the ballot as follows:

ATTACHMENT 2

SECTION 5. That the vote requirement for the measure to pass is a majority (50%+1) of the votes cast.

SECTION 6. That the County Election Division is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one (1) election, and only one (1) form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the Statewide Election.

SECTION 7. That the Board of Supervisors is requested to direct the County Election Division to take any and all steps necessary for the conducting of the consolidated election as prescribed by §10418 of the Elections Code for the holding of the consolidated election.

SECTION 8. That the County elections office take all actions necessary to conduct the election.

SECTION 9. The City Council recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees pursuant to Section 10002 of the Elections Code to reimburse the County in full for the cost of services performed upon presentation of a bill.

SECTION 10. The City will be providing the following services:
(a) Notice of Election will be published, in time, form and manner required by law. (b) Accept and process official candidate nomination papers, which include verification as to whether candidate statements and ballots designations meet all requirements. (c) Upon Election Official’s certification, issue certificates of election. (d) Take any other action necessary that is not the responsibility of the County Elections Official.

SECTION 11. The City Council recognizes that the County Elections Officials will be providing the following services.
(a) Verification of Nomination petitions as requested.
(b) Designate polling places and provide supplies and equipment. (c) Appoint and train election officers.
(d) Furnish any and all officials ballots, sample ballots, notices, and printed material. (e) Provide and process absentee voter requests.
(f) Provide polling places for the election which shall be open seven o’clock (7:00) a.m. of the day of the election and shall remain open continuously until eight o’clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code. (g) Ensure that the ballots used at the elections are in the proper form and content required by law. (h) Count ballots and canvass the returns.
(i) Declare results and certify election.
(j) Take any other action necessary in order to properly and lawfully conduct the election. (k) Prepare and mail all invoices regarding election cost.

SECTION 12. That the City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the County Election Division of the County of Santa Barbara.

SECTION 13. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

SECTION 14. That 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 14th day of June 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. 2020-48, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held June 14, 2022, and that same was approved and adopted.

ATTEST:
______________________________ _______________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
_______________________________
Philip F. Sinco, City Attorney
ORDINANCE NO. 2022-502

AN ORDINANCE OF THE CITY OF GUADALUPE, CALIFORNIA, AMENDING PORTIONS OF CHAPTER

3.20 OF TITLE 3 OF THE GUADALUPE MUNICIPAL CODE RELATED TO TRANSIENT OCCUPANCY TAX TO INCREASE THE TAX RATE FROM 6% TO 10% AS WELL AS

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

SECTION 1. Section 3.20.010 of Chapter 3.20 of Title 3 of the Guadalupe Municipal Code is hereby amended as follows:

3.20.010 Definitions.

For purposes of this chapter, the following words and phrases are defined as follows:

B. “Occupancy” means the use or possession, or the right to the use or possession, of any room or rooms, or portions thereof, in any hotel lodging for dwelling, lodging, or sleeping purposes.

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F. “Tax Administrator” means the City Clerk Director of Finance.

SECTION 2. Section 3.20.020 of Chapter 3.20 of Title 3 of the Guadalupe Municipal Code is hereby amended as follows:

3.20.020 Tax imposed—Amount—Payment.

SECTION 3. Section 3.20.030 of Chapter 3.20 of Title 3 of the Guadalupe Municipal Code is hereby amended as follows:

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3.20.030 Exemptions.

A. No tax shall be imposed upon:

1. Any person as to whom, or any occupancy as to which, it is beyond the power of the City to impose the tax herein provided;

2. Any officer or employee of a foreign government who is exempt by reason of express provision of federal law or international treaty.

3. An “organized camp” as defined in California Health & Safety Code section 18897.

5. Any campsite in a unit of the state park system.

B. No exemption shall be granted except upon a claim therefor made under penalty of perjury at the time rent is collected, upon a form prescribed by the Tax Administrator.

SECTION 4. Section 3.20.040 of Chapter 3.20 of Title 3 of the Guadalupe Municipal Code is hereby amended as follows:

3.20.040 Registration ofhotels lodgings.

3.20.050 Operator’s collection duties.

SECTION 6. USE OF TAX PROCEEDS. The proceeds of the tax approved by this Ordinance may be used for unrestricted general revenue purposes.

SECTION 9. EFFECTIVE DATE. This Ordinance relates to the levying and collecting of the City’s transient occupancy tax and shall take effect immediately.

The transient occupancy tax imposed by the adoption of this Ordinance is a general tax that can be used for any legitimate governmental purpose; it is not a commitment to any particular action.

INTRODUCED at a regular meeting of the City Council held this 14th day of June 2022, by the following roll call vote, subject to voter approval at the November 8, 2022, General Municipal Election.

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Amelia M. Villegas, City Clerk
________________________
Ariston Julian, Mayor
APPROVED AS TO FORM:
________________________________
Phillip F. Sinco, City Attorney
RESOLUTION NO. 2022-49

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA,

ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATE’S STATEMENTS AND MATERIALS SUBMITTED TO THE ELECTORATE TO BE HELD ON TUESDAY, NOVEMBER 8, 2022
WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency may adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate’s statement.

NOW, THEREFORE, THE CITY COUNCIL DOES RESOLVE, DECLARE, DETERMINE AND REQUEST AS FOLLOWS:

SECTION 1. That pursuant to Section 13307 of the Election Code of the State of California, each candidate for elective office to be voted for at an election to be held in the City of Guadalupe on Tuesday, November 8, 2022 may prepare a candidate’s statement on an appropriate form provided by the City Clerk. The statement may include the names, age, and occupation of the candidate and a brief description of no more than 200 words of the candidate’s education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in the office of the City Clerk at the time the candidate’s nomination papers are filed. The statement may be withdrawn, but not changed, during the period of filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period.

SECTION 2. FOREIGN LANGUAGE POLICY.

A. Pursuant to the Federal Voting Rights Act, candidates’ statements will be translated into all languages required by the County of Santa Barbara. The County is required to translate candidate’s statements into Spanish.

B. The County will print and mail voter information guides and candidates’ statements to all voters in Spanish.

C. Pursuant to State law, a candidate’s statement may be translated printed in the voter's pamphlet in any other language at the candidate's request.

SECTION 3. PAYMENT.

A. Translation:

1. The candidate shall be required to pay for the cost of translating the candidates’ statement into any required foreign language above pursuant to Federal and\or State law; and as specified in Section 2.A.

ATTACHMENT 3

2. The candidate shall be required to pay for the cost of translating the candidates statement into any foreign language that is not required as specified in Section 2A above, pursuant to Federal and/or State law, but is requested as an option by the candidate.

B. Printing:

1. The candidate shall be required to pay for the cost of printing the candidates’ statement in English in the main voter pamphlet.

2. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language required in Section 2.A. above, in the main voter pamphlet.

3. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language requested by the candidate per Section 2.C. above, in the main voter pamphlet.

4. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language required by Section 2.A. above, in the facsimile voter pamphlet. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidate's statements filed pursuant to this Section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the voter’s pamphlet. The estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. in the event of underpayment, the City Clerk may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of receiving the actual cost invoice from the County of Santa Barbara.

SECTION 4. MISCELLANEOUS.

A. All translations shall be provided by professionally certified translators.

B. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.

C. No candidate will be permitted to include additional materials in the voter information guide.

SECTION 5. The candidate shall be required to pay for the cost of printing the candidate’s statement in English and any other language requested by the candidate.

SECTION 6. That the City Clerk shall provide each candidate or the candidate’s representative a copy of this resolution at the time nominating petitions are issued.

SECTION 7. That all previous resolutions establishing council policy of payment for candidate’s statement are repealed.

SECTION 8. That the resolution shall apply only to the election to be held on November 3, 2020 and shall then be repealed.

SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

SECTION 10. 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 June 14, 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. 2020-49, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held June 14, 2022, and that same was approved and adopted.

ATTEST:
_________________________________ _______________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
_____________________________
Philip F. Sinco, City Attorney
RESOLUTION NO. 2022-50

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA,

SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY

MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL

ANALYSIS
WHEREAS, a general municipal election is to be held in the City of Guadalupe, California, on November 8, 2022, at which there will be submitted to the voters the following measure:

NOW, THEREFORE, THE CITY COUNCIL DOES RESOLVE, DECLARE, DETERMINE AND REQUEST AS FOLLOWS:

SECTION 1. That the City Council authorizes the filing of a written argument in favor of the City measure specified above on behalf of the City Council, not exceeding 300 words, which shall have first priority among arguments submitted in favor of the measure for printing and distribution to the voters, and which shall be accompanied by the printed name(s) and signature(s) of the person(s) submitting it, in accordance with Article 4, Chapter 2, Division 9 of the Elections Code of the State of California, and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk.

The City Council further authorizes the filing of a rebuttal argument on behalf of the City Council, if an argument against the measure is filed, in accordance with the above-cited provisions of the Elections Code. Furthermore, at the City Council’s discretion, the argument and rebuttal, if any, may be signed by up to five persons including members of the City Council or bona fide associations or by individual voters who are eligible to vote on the measure.

SECTION 2. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney. The City Attorney shall prepare an impartial analysis of the measure not exceeding 500 words showing the effect of the measure on the existing law and the operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments.

ATTACHMENT 4
SECTION 3. That the analysis shall include a statement indicating that the measure was placed on the ballot by the City Council of the City of Guadalupe.

SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

SECTION 5. That 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 14th day of June 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. 2022-50, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held June 14, 2022, and that same was approved and adopted.

ATTEST:
___________________________________ ________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
_____________________________
Philip F. Sinco, City Attorney
RESOLUTION NO. 2022-51

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA,

PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR THE CITY MEASURE

SUBMITTED AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 8, 2022
WHEREAS, Section 9282 of the Elections Code of the State of California provides for written arguments to be filed in favor of or against a city measures not to exceed 300 words in length; and WHEREAS, Section 9285 of the Elections Code of the State of California authorizes a city council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for city measures submitted at municipal elections.

NOW, THEREFORE, THE CITY COUNCIL DOES RESOLVE, DECLARE, DETERMINE AND REQUEST AS FOLLOWS:

SECTION 1. That pursuant to Section 9285 of the Elections Code of the State of California, when the City Clerk has selected the arguments for and against the measure (not exceeding 300 words each) which will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor.

The authors may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument.

Rebuttal arguments may not be signed by more than five (5) authors.

The rebuttal arguments shall be filed with the City Clerk accompanied by the printed name(s) and signature(s) of the person(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, not more than 10 days after the final date for filing direct arguments. The rebuttal arguments shall be accompanied by the Form of Statement to be Filed by Author(s) of Argument.

Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

SECTION 2. That the City Council authorizes the filing of a rebuttal argument, if an argument against the measure is filed, in accordance with the provisions of the Elections Code. Furthermore, at the City Council’s discretion, the rebuttal, if any, may be signed by up to five persons, including members of the City Council or bona fide associations or by individual voters who are eligible to vote on the measure.

SECTION 3. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed.

ATTACHMENT 5
SECTION 4. That the provisions of Section 1 shall apply only to the election to be held on November 8, 2022.

SECTION 5. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

SECTION 6. The City Clerk is hereby authorized to make minor changes hereinto 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 14th day of June 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. 2022-51, has been duly signed by the Mayor and attested by the City Clerk, all at the regular meeting of the City Council, held June 14, 2022, and that same was approved and adopted.

ATTEST:
_________________________________ ________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
_____________________________
Philip F. Sinco, City Attorney
RESOLUTION NO. 2020-47

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA,

CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 8, 2022, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY

THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA
WHEREAS, under the provisions of the laws in the State of California, a general municipal election shall be held on November 8, 2022, for the election of municipal officers.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. That pursuant to the requirements of the laws of the State of California, there is called and ordered to be held in the City of Guadalupe, California, on Tuesday, November 8, 2022, a General Municipal Election for the purpose of electing two members of the City Council for the full term of four years, one Mayor of the City Council for the full term of two years, and one City Treasurer for the full term on four years.

SECTION 2. That the ballots to be used at the election shall be in form and content as required by law.

SECTION 3. That the City Clerk is authorized, instructed, and directed to coordinate with the County of Santa Barbara Registrar of Voters to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election.

SECTION 4. That the polls for the election shall be open at seven o’clock (7:00) a.m. of the day of the election and shall remain open continuously from the time until 8:00 o’clock p.m. of the same day when the polls shall be closed, pursuant to Election Code §10242, except as provided in Section 14401 of the Elections Code of the State of California.

SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections.

SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law.

SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter in into a book of original resolutions.

ATTACHMENT 6A
SECTION 8. That 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.

SECTION 9. That this Resolution has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA guidelines, and the City's environmental procedures, and has been found to be exempt pursuant to § 15601(b)(3) (general rule) and § 15378(b)(4) of the CEQA Guidelines. The transactions and use tax proposed by the adoption of this Resolution is a general tax that can be used for any legitimate governmental purpose; it is not a commitment to any particular action. The City Council hereby finds with certainty that there is no possibility the passage of this Ordinance will have a significant effect on the environment.

PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Guadalupe held this 14th day of June 2022.

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. 2022-47, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held June 14, 2022, and that same was approved and adopted.

ATTEST:
_________________________________ ______________________________ Amelia M. Villegas, City Clerk Ariston Julian Mayor
APPROVED AS TO FORM:
___________________________________
Philip F. Sinco, City Attorney
RESOLUTION NO. 2022-48

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA REQUESTING THE

WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a general municipal election shall be held on November 8, 2022 for the election of municipal officers; and WHEREAS, it is desirable that the general municipal election be consolidated with the statewide general election to be held on the same date and that within the City the precincts, polling places, and election officers of the two elections be the same, and that the County Election Division of the County of Santa Barbara, canvass the returns of the general municipal election and that the election be held in all respects as if there were only one election.

NOW, THEREFORE, THE CITY COUNCIL DOES RESOLVE, DECLARE, DETERMINE AND REQUEST AS FOLLOWS:

SECTION 2. That the County Election Division is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one (1) election, and only one (1) form of ballot shall be used. The election will be held and conducted in accordance with the provisions of law regulating the Statewide Election.

SECTION 3. That the Board of Supervisors is requested to direct the County Election Division to take any and all steps necessary for the conducting of the consolidated election as prescribed by §10418 of the Elections Code for the holding of the consolidated election.

SECTION 4. That the County elections office take all actions necessary to conduct the election.

SECTION 5. The City Council recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees pursuant to Section 10002 of the Elections Code to reimburse the County in full for the cost of services performed upon presentation of a bill.

SECTION 6. The City will be providing the following services:
(a) Notice of Election will be published, in time, form and manner required by law. (b) Accept and process official candidate nomination papers, which include verification as to whether candidate statements and ballots designations meet all requirements.

ATTACHMENT 6B
(c) Upon Election Official’s certification, issue certificates of election. (d) Take any other action necessary that is not the responsibility of the County Elections Official.

SECTION 7. The City Council recognizes that the County Elections Officials will be providing the following services.
(a) Verification of Nomination petitions as requested.
(b) Designate polling places and provide supplies and equipment. (c) Appoint and train election officers.
(d) Furnish any and all officials ballots, sample ballots, notices, and printed material. (e) Provide and process absentee voter requests.
(f) Provide polling places for the election which shall be open seven o’clock (7:00) a.m. of the day of the election and shall remain open continuously until eight o’clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code. (g) Ensure that the ballots used at the elections are in the proper form and content required by law. (h) Count ballots and canvass the returns.
(i) Declare results and certify election.
(j) Take any other action necessary in order to properly and lawfully conduct the election. (k) Prepare and mail all invoices regarding election cost.

SECTION 8. That the City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the County Election Division of the County of Santa Barbara.

SECTION 9. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

SECTION 10. That 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 14th day of June 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. 2022-48 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held June 14, 2022, and that same was approved and adopted.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA,

NOW, THEREFORE, THE CITY COUNCIL DOES RESOLVE, DECLARE, DETERMINE AND REQUEST AS FOLLOWS:

SECTION 2. FOREIGN LANGUAGE POLICY.

B. The County will print and mail voter information guides and candidates’ statements to all voters in Spanish.

C. Pursuant to State law, a candidate’s statement may be translated printed in the voter's pamphlet in any other language at the candidate's request.

SECTION 3. PAYMENT.

A. Translation:

ATTACHMENT 6C

B. Printing:

1. The candidate shall be required to pay for the cost of printing the candidates’ statement in English in the main voter pamphlet.

2. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language required in Section 2.A. above, in the main voter pamphlet.

3. The candidate shall be required to pay for the cost of printing the candidates statement in a foreign language requested by the candidate per Section 2.C. above, in the main voter pamphlet.

SECTION 4. MISCELLANEOUS.

A. All translations shall be provided by professionally certified translators.

B. The City Clerk shall comply with all recommendations and standards set forth by the California Secretary of State regarding occupational designations and other matters relating to elections.

C. No candidate will be permitted to include additional materials in the voter information guide.

SECTION 5. The candidate shall be required to pay for the cost of printing the candidate’s statement in English and any other language requested by the candidate.

SECTION 6. That the City Clerk shall provide each candidate or the candidate’s representative a copy of this resolution at the time nominating petitions are issued.

SECTION 7. That all previous resolutions establishing council policy of payment for candidate’s statement are repealed.

SECTION 8. That the resolution shall apply only to the election to be held on November 8, 2022, and shall then be repealed.

SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED and ADOPTED at a regular meeting on the 14th day of June 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. 2022-49 has been signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held June 14, 2022, and that same was approved and adopted.

ATTEST:
____________________________ _______________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
_____________________________
Philip F. Sinco, City Attorney

Guadalupe City CouncilJune 14, 2022

Guadalupe City Council
June 14, 2022