Guadalupe City Council
July 26, 2022

July 26, 2022 City of Guadalupe Council Meeting Agenda Page 1 of 5 City of Guadalupe
AGENDA
Regular Meeting of the Guadalupe City Council
Tuesday, July 26, 2022, at 6:00 pm
City Hall, 918 Obispo Street, Council Chambers
The City Council meeting will broadcast live on Charter Spectrum Cable Channel 20 and live streamed on the City of Guadalupe’s Official YouTube channel:
https://www.youtube.com/channel/UCaxeHWd9JkmvKnGFU8BAYQQ If you choose not to attend the City Council meeting but wish to make a comment during oral communications or on a specific agenda item, please submit via email to [email protected] no later than 2:00 pm on Tuesday, July 26, 2022.

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

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

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

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

1. ROLL CALL:

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

Mayor Pro Tempore Tony Ramirez
Mayor Ariston Julian
July 26, 2022 City of Guadalupe Council Meeting Agenda Page 2 of 5

2. MOMENT OF SILENCE

3. PLEDGE OF ALLEGIANCE

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

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

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

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

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

B. Approve payment of warrants for the period ending July 18, 2022 and ratify payment of warrants for the period ending June 30, 2022 and July 7, 2022.

C. Approve the Minutes of the City Council Regular Meeting of July 12, 2022, to be ordered filed.

D. Approve a Professional Services Agreement for City Attorney services with The Law Office of Philip F. Sinco, LLC and authorize the Mayor to sign the agreement on behalf of the City.

E. Receive the June 2022 Financial Report.

F. Adopt Resolution No. 2022-64 acknowledging the receipt of and filing of the Annual Statement of Investment Policy for Fiscal Year 2022-2023.

G. Adopt Resolution No. 2022-65 establishing the appropriations limit from tax proceeds for Fiscal Year 2022-2023.

July 26, 2022 City of Guadalupe Council Meeting Agenda Page 3 of 5 H. Adopt Resolution No. 2022-66 approving a contract with Pacific Coast Land Design, Inc. (PCLD) in the amount of $611,687.00 for preparation of plans and specifications and engineer’s estimate for Central Park renovation.

I. Adopt Resolution No. 2022-67 approving the procurement of an electric bus through the state purchasing program.

J. Approve Memorandum of Understanding with Santa Barbara County Association of Governments to define the roles and responsibilities associated with transit planning and programming for the term of August 18, 2022, to August 31, 2027.

K. Adopt Resolution No. 2022-68 approving an agreement with the Guadalupe Union School District for funding of a School Resource Officer.

L. MONTHLY REPORTS FROM DEPARTMENT HEADS

1. Public Safety Department:
a. Fire Department report for June 2022
b. Code Compliance report for June 2022

2. City Treasurer’s report for June 2022

3. Human Resources Report for June 2022

4. Recreation & Parks report for June 2022

7. CITY ADMINISTRATOR REPORT: (Information Only)

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

9. MAYOR’S REPORT- UPDATES

PUBLIC HEARING

10. Public Hearing to consider La Guardia Townhomes, 2022-001-GPZ and 2022-002-DR amending the General Plan Land Use Element from Low Density Residential to High Density Residential, rezoning from R-1 (Residential Single Family) to R-3 (Multiple Dwelling High-Density), and a Design Review to relocate a single-family home and replacing it with 20 one and 2-story apartment building (total 20 units).

Written report: Larry Appel, Planning Director
Recommendation: That the City Council:
a) Receive a presentation from staff;
b) Conduct a public hearing, including: 1) an opportunity for the applicant to present the proposed project, and 2) receive any comments from the public; and July 26, 2022 City of Guadalupe Council Meeting Agenda Page 4 of 5 c) Adopt Resolution No. 2022-69 approving 2022-001-GPZ for the Land Use Designation amendment and 2022-002-DR for the townhomes, including DR Findings, CEQA Class 32 Exemption and Conditions of Approval; and
d) Introduce Ordinance No. 2022-503 for the first reading to rezone the property from R-1, SingleFamily Residential to R-3, Multiple Dwelling (high density); and e) Continue the Ordinance to August 9, 2022, for second reading and adoption.

REGULAR BUSINESS

11. Classification and Job Description for the Facilities/Parks Maintenance Lead Position within the Recreation & Parks Department.

Written report: Hannah Fuentes, Recreation Services Manager Recommendation: That the City Council adopt Resolution No. 2022-70 approving the classification and job description for the Facilities/Parks Maintenance Lead Position within the Recreation and Parks Department.

12. Budget Amendment for Fiscal Year 2022-23.

Written report: Lorena Zarate, Finance Director
Recommendation: That the City Council adopt Resolution No. 2022-71 accepting the proposed budget amendment for the fiscal year 2022-2023, along with the amended Capital Improvement Projects Budget, amended Capital Facilities Program of Projects, and amended American Rescue Plan Act (ARPA) allocation of funds.

13. City Council’s Arguments in Favor of Measure Z (Transient Occupancy Tax Increase).

Written report: Philip F. Sinco, City Attorney
Recommendation: That the City Council:
a. Approve the argument, by motion; or
b. Revise the argument and approve the revised argument by motion; or c. Decline to submit any argument in favor of the proposed measure.

14. FUTURE AGENDA ITEMS

15. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS

16. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall display case and website not less than 72 hours prior to the meeting. Dated this 21st day of July 2022.
____________________________________
Todd Bodem, City Administrator
Todd Bodem
July 26, 2022 City of Guadalupe Council Meeting Agenda Page 5 of 5

PROPOSED FUTURE CITY COUNCIL AGENDA ITEMS
Council Meeting: Date and Subject Department Agenda Category Tuesday, August 9, 2022, at 6:00 pm / Regular Meeting
Animal Services Dept Presentation Presentation
Pasquini Lease Agreement – WWTP Effluent spray field Public Works Department Consent Calendar Cost Allocation Study FY 22-23 Finance Department Consent Calendar Master Fee Schedule CPI Finance Department Consent Calendar City Administrator Performance Evaluation Closed Session Tuesday, August 23, 2022, at 6:00 pm / Regular Meeting
July 2022 Financial Report Finance Department Consent Calendar Pasadera Public Infrastructure Dedication Public Works Department Consent Calendar Tuesday, September 13, 2022, at 6:00 pm / Regular Meeting Le Roy Park Phase II Public Works Department Regular Business Other Unscheduled Items Proposed
Date of Item
Department Agenda Category
Tree Ordinance Public Works New Business
Sidewalk Vending Ordinance Planning Department New Business Vacant Property Ordinance Administration Dept New Business Food Truck and Special Event Ordinance Planning Dept New Business Gift Policy City Attorney New Business
Master Fee Schedule Update Finance Department Workshop
Recognizing Food Distribution Volunteers Ceremonial Calendar Facility & Parks Use Fee Schedule Changes Recreation & Parks Benefit for Unrepresented Employees Human Resources New Business Al’s Union Property New Business
Boys and Girls Club Memorandum of
Understanding
Recreation & Parks
Department
.-/:

Prep<J:f;
Agenda Item No. 6B

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of July 26, 2022
Reviewed by: Approved by:

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

RECOMMENDATION:

Payment of warrants for the period ending July 18, 2022 to be approved for payment by the City Council. Subject to having been certified as being in conformity with the budget by the Finance Department staff. ·
That the City Council review and approve the listing of hand checks and warrants to be paid on July 27, 2022.

BACKGROUND:

Submittal of the listing of warrants issued by the City to vendors for the period and explanations for disbursement of these warrants. An exception, such as an emergency hand check may be required to be issued and paid prior to submittal of the warrant listing, however, this warrant will be identified as "Ratify" on the warrant listing.
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 46
47 48
49 Prepared by:

Agenda Item No. 6B (2)

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of July 26, 2022
Approved by:

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

RECOMMENDATION:

Payment of warrants for the period ending June 30, 2022 to be approved for payment by the City Council. Subject to having been certified as being in conformity with the budget by the Finance Departmentstaff.

That the City Council review and approve the listing of hand checks and warrants to be paid on July 13, 2022.

BACKGROUND:

Submittal of the listing of warrants issued by the City to vendors for the period and explanations for disbursement of these warrants. An exception, such as an emergency hand check may be required to be issued and paid prior to submittal of the warrant listing, however, this warrant will be identified as "Ratify" on the warrant listing.

RATIFIED
50 51
52 53
54 55
56 57
58 59
Prep2€.·

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of July 26, 2022
Approved by:

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

RECOMMENDATION:

Payment of warrants for the period ending July 07, 2022 to be approved for payment by the City Council. Subject to having been certified as being in conformity with the budget by the Finance Department staff.

That the City Council review and approve the listing of hand checks and warrants to be paid on July 13, 2022.

BACKGROUND:

Submittal of the listing of warrants issued by the City to vendors for the period and explanations for disbursement of these warrants. An exception, such as an emergency hand check may be required to be issued and paid prior to submittal of the warrant listing, however, this warrant will be identified as "Ratify" on the warrant listing.

RATIFIED
60 61
62 63
64 65
66 67
68 69
70 71
72 73
74 July 12, 2022 City of Guadalupe Council Meeting MINUTES Page 1 of 14

MINUTES
City of Guadalupe
Regular Meeting of the Guadalupe City Council
Tuesday, July 12, 2022, at 6:00 pm
City Hall, 918 Obispo Street, Council Chambers

1. ROLL CALL:

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

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

2. MOMENT OF SILENCE
Mayor Julian asked each individual to look within one’s own heart during this moment of silence.

3. PLEDGE OF ALLEGIANCE

4. AGENDA REVIEW
Mayor Julian requested that Item #12, “Le Roy Park Community Center Mural Contest”, be moved to be the first item in “Regular Business”; followed by Items #11, #13, #14 and #15.

5. CEREMONIAL CALENDAR
• Swearing-in Carlos Limon, Police Lieutenant
Police Sergeant Limon was sworn in as Police Lieutenant. He first thanked the City for giving him the opportunity to serve the community for about 20 years. He said, “It’s been fun and it’s still fun. I’ve come to love this community. Most of my family’s here…it’s been great. I really love the fact that I’ve seen this community grow and I want to continue to see it grow. I’ve been through some good chiefs…I’ll leave it at that. We have a great chief now. Thank you to everyone here. I really appreciate this opportunity.”
Chief Cash added, “For our community here, this was a long process. The Lieutenant is now in management. Prior to that as Sergeant, he was working in the field. Now, he’s doing a lot of Agenda Item No. 6C
July 12, 2022 City of Guadalupe Council Meeting MINUTES Page 2 of 14 administrative work. I’m very proud. In one aspect, to get to have a hometown boy who gets to excel, stay here, grow, and knows the community. I’m really appreciative of him…he’s let me vent on a lot of different issues, kept the confidence and been a true friend. This is a super plus for the City of Guadalupe to have one of our own that’s here in town…knows everybody…and has done an outstanding job. I know he will continue to do so in his new position as he strikes out. Thank you very much…I’m super proud of him.”

6. COMMUNITY PARTICIPATION FORUM
George Alvarez
A few meetings ago, there were a lot of accusations thrown out about overtime, and stuff like that.

That really upset me because there’s certain decorum when you get into professionalism. If you have a problem, go to the head guy to discuss. If it can’t be solved, go to Administration. If it can’t be solved there, go to the Mayor, etc. to get the problem solved.

It seems to me that the Fire Department are crybabies. Coming out with accusations without any background. To accuse someone of overtime then overlooking the fact that on your side, you have people getting overtime, is beyond reproach. So embarrassing…outright embarrassing.

It’s also embarrassing for the City Council because you’re left out in the cold…not knowing what’s going on with your City. Think about it. You’re the bosses and you can’t control your own departments. That’s embarrassing, okay? I’ll leave it at that. And congratulations to the new Police Lieutenant. It’s well deserved. He’s worked a long time and he’s fair with people. I’ve seen him in action. So, congratulations to Limon.

On to other issues…regarding the young lady and the garbage issue, within a year we’re going to have a renewal of our garbage. Ten years ago, the City got screwed by our City Council. The City Council back then gave us a 10-year contract under the auspices that they would clean the streets.

Having a street cleaner sealed the deal.

Unfortunately, these chambers have the worst politicians on the planet Earth. They prostituted themselves so low that they’re the “K-Mart of politicians”. They allowed this company a 10-year deal without having another company deal in a fair process if they could beat the deal or get better service for the community. I hope you’ll do that and have a little better respect for the community.

I don’t know what’s going on with our school district but where’s our school? Can you imagine the years our kids have suffered not having a new school? Because of lack of confidence in dealing with the idiots on the school board.

Maria Moreno
I walk all the way to town. It’s complicated for me to walk…difficult problems. For me, it would be convenient for you guys to think about it. Do you want me to walk two (2) blocks away to get the bus or the bus will pick me up at my house? This is very hard for me…very complicated. Can the City Council do something about that?
July 12, 2022 City of Guadalupe Council Meeting MINUTES Page 3 of 14 Mayor Julian asked, “is there a schedule problem or something about the route? Ms. Moreno responded, “No, it’s about the bus picking me straight from my house and taking me downtown.

The bus driver told me to come here to talk about it to you because I don’t drive.” CM Cardenas then said, “Contact Shannon Sweeney and she’ll be able to assist you with your concern.”

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

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

B. Approve payment of warrants for the period ending July 6, 2022.

C. Approve the Minutes of the City Council Regular Meeting of June 28, 2022, to be ordered filed.

D. Approve the Minutes of the City Council Special Meeting of June 15, 2022, to be ordered filed.

E. Adopt Resolution No. 2022-61 approving the Co-Ed Adult Volleyball League Program.

F. MONTHLY REPORTS FROM DEPARTMENT HEADS

1. Planning Department report for June 2022

2. Building Department report for June 2022

3. Public Works/Engineering report for June 2022
No items were pulled. Motion was made by Council Member Costa, Jr. and seconded by Council Member Cardenas to approve the full Consent Calendar. 5-0 Motion passed.

8. CITY ADMINISTRATOR REPORT: (Information Only)
- Waste Management’s current agreement with the City, which runs from August 1, 2022 to July 31, 2023 requires a CPI increase. They (WM) asked the City Administrator to publicly state they plan an increase in rates based on a change in CPI of 5.44% for the term of the agreement with the City. - In a response to the urgent need for blood in our area, Taylor Farms will be hosting a blood drive on Wednesday, July 27th, from 2:00 p.m. to 5:30 p.m., at the Taylor Farms site. Taylor Farms is putting together a flyer, and the City can be a partner with them, along with others. - The City has installed a tool called, “accessible accessibility solution system” for the City’s website which will help with ADA and WCAG compliance requirements. There is now a widget installed on July 12, 2022 City of Guadalupe Council Meeting MINUTES Page 4 of 14 the City’s website at the top left that provides several tools for a site visitor with these needs.

Through this learning system, the site will change on the fly to provide alternative website viewing capabilities based on what is selected. There is also an accessibility statement now posted in the footer of the site.

This will help the City meet its ADA compliance requirements and help people with any physical limitations, such as color/normal blindness, epilepsy, cognitive disabilities and more. This will mitigate any legal issues as the City is trying to accommodate everyone.

9. DIRECTOR OF PUBLIC SAFETY REPORT: (Information Only) Chief Cash said that he did not have anything to report. Mayor Julian said, “We’ve been tagged a lot. It’s been devastating at a new park and old parks…. Le Roy Park, Paco Park and O’Connell Park with aggressive graffiti. We need to get the community to get involved and find out who’s involved with graffiti. About a week after Le Roy Park’s ribbon cutting, it was hit, continuously. But the murals haven’t been tagged. I know your staff is working on this.”

10. MAYOR’S REPORT- UPDATES
The mayor said that all the information in the report is fairly specific but then talked about item #4, “Former Al’s Union Remedial Action Completion Certification (995 Guadalupe Street)”. He said, “Al’s Union…we need to agendize in a future meeting to wrap it up to get out to the public. It would be nice to having something there instead of a blank lot.” Mr. Bodem said that the property is released to sell.

Mayor Julian said, “We need an appraisal. It can’t be ‘first come-first serve.’ It has to be open market. It’s not the City’s to keep. We have to share with the other taxing entities…the various assessment districts.” Mr. Bodem added, “The property must be sold. We can’t keep it. The value is probably not high, but the redevelopment potential of the property is the more important thing.” CM Ramirez asked if the City could buy it as the property could be a potential site for a library. City Attorney Sinco then said, “The Redevelopment Long-Range Property Management Plan specifically says the property must be sold. The City maybe could buy it, but it would probably need to be offered for sale first but maybe not. This is something we could ask our consultant. We need to do that anyway with the Royal Theatre to move forward with getting the compensation agreements finalized for the taxing entities so we can move forward on both of those projects. We should agendize this item at a future meeting.”

REGULAR BUSINESS

11. Consideration of Rescinding Selection of Second Commercial Cannabis Business Permit Applicant – Retail (Element 7).

Written report: Philip F. Sinco, City Attorney
July 12, 2022 City of Guadalupe Council Meeting MINUTES Page 5 of 14 Recommendation: That the City Council:

1. by motion, rescind its decision made on April 26, 2022, selecting Element 7 as the second “prevailing candidate” for a Commercial Cannabis Business Permit Applicant; and

2. select a date where all five (5) members of the City Council will be present for another in-person presentation by Element 7 and The Roots Dispensary.

At the April 12, 2022, City Council meeting, the City Council took two actions concerning selection of Commercial Cannabis Business (CCB) permit applicants: (1) the Council decided to select only two applications to move forward in the process for CCB permits, and (2) the Council selected SloCal Roots Management LLC dba Root One as one of these two applications. The Council was not able to select the second prevailing applicant at this meeting due to the lack of majority support for any of the four remaining CCB permit applicants.

The Council further deliberated. Of the four (4) remaining CCB applicants, BDSF 1 Holdings LLC dba Element 7 (“Element 7”) and LGBA Management LLC dba The Roots Dispensary (“The Roots Dispensary”) each received two (2) of the five (5) votes. The Council then directed City staff to request that these two (2) CCB permit applicants make another presentation to the Council focusing on the “Community Benefit” and “Neighborhood Plan” portions of their applications.

Those additional presentations took place at the April 26, 2022 City Council meeting. Council Members Ramirez and Costa, Jr. were the two members not present. Because a quorum existed, the meeting and selection of the second prevailing applicant continued. After the presentations were given, the Council deliberated and ultimately selected “Element 7” as the second of the two prevailing applicants to move forward in the process.

Several weeks later, it came to the attention of the City Attorney that Council Member Ramirez had sent an email to Mayor Julian and City Administrator Bodem after 10 p.m. on Monday, April 25, 2022, the night before the Council meeting on April 26th. Council Member Ramirez’s email included, among other things, his opinion that The Roots Dispensary should be selected as the second prevailing applicant. That email was inadvertently not included as part of the public record. As a result, the City Attorney determined that the failure to include this email as part of the public record at the April 26th meeting resulted in an irregularity requiring the City Council to consider rescinding the decision in the selection of Element 7 as the second prevailing candidate.

City Attorney Sinco said that CM Ramirez’s email said “feel free to share” but it did not “definitively” state that he wanted the email included as part of the public record. Also, that CM Ramirez could not have had his email considered a vote, but it could have swayed or influenced the end result. With that background given, City Attorney Sinco strongly recommended that the City Council rescind its prior decision of April 26th in favor of ‘Element 7’.

Mayor Julian said, “1) I hate to see a gray area. We need to flush it out, go back and have the five of us vote our conscience and our opinion, and 2) I would like to expand on other factors besides July 12, 2022 City of Guadalupe Council Meeting MINUTES Page 6 of 14 Community Benefits and Neighborhood Plan. If we bring back, we need for information on the elements required and the overall plans. I’m in favor of going back with five (5) council members.” CM Ramirez said, “I recommend a special meeting just for this. Make sure all of us are available and have an opportunity to hear from the public. So, sometime between now and the next meeting.” City Attorney Sinco also clarified that the decision to rescind was only for the decision made at the April 26th City Council meeting and that the selection of the first applicant to proceed with the process is unaffected by this current decision.

Both CMs Cardenas and Robles were in favor of rescinding the decision made at the April 26th City Council meeting. City Attorney added that presentations would not be held tonight but a meeting would be scheduled to make sure that all five (5) council members could attend. CM Costa, Jr. added, “Two (2) were gone but there was still a quorum. Who’s to say that the decision would have been different? But you guys already agreed to rescind.”
Mayor Julian said, “Before April, a lot of correspondence was not put in the minutes. Now we are making sure that everything that comes in an email is part of the minutes.” City Attorney added, “Mr. Mayor, everything that I was aware of that should have been included in the record was. There were communications sent to one or two council members that were not required to be included because there was no indication. But, just to be clear, we didn’t miss anything except CM Ramirez’s email. The record’s clear, pretty complete, otherwise.” Discussion followed on selecting a date, whether for a special meeting or as part of a regular meeting. The Council agreed on a special meeting for Tuesday, July 19th. CM Robles asked for clarification on whether presentations would be given again at the July 19th meeting. City Attorney Sinco said that the two (2) applicants would give 20-minute presentations with up to 10 minutes for questions.

Motion was made by Council Member Ramirez and seconded by Council Member Cardenas to rescind the decision from the April 26, 2022 City Council meeting to select “Element 7” as the second prevailing candidate. Ayes: 4 Nos: 1 4-1 Motion passed.

Motion was made by Council Member Costa, Jr. and seconded by Council Member Ramirez to schedule a special City Council meeting for July 19, 2022. 5-0 Motion passed.

12. Le Roy Park Community Center Mural Contest.

Written report: Hannah Fuentes, Recreation Services Manager Recommendation: That the City Council select the finalist from the top three submissionsfor the Le Roy Park Community Center Mural.

As party of the renovation of the Le Roy Park and Community Center, a mural on the gym entrance wall would be completed utilizing funds from the contractor’s budget to fund this mural. The City, July 12, 2022 City of Guadalupe Council Meeting MINUTES Page 7 of 14 the design team, and the contractor all agreed that monies would be donated to Los Amigos de Guadalupe (LADG) for a local art competition. The submissions were submitted to and ranked by the Recreation and Parks Commission where one (1) submission had been eliminated.

Ms. Fuentes went through the three (3) submissions and asked the City Council to select the finalist for the Le Roy Park Community Center Mural from the following:
• Submission #2: depicted children playing various sports, reference to Guadalupe’s history, also including a 1950s agriculture poster.
• Submission #4: depicted Guadalupe’s history, including Chumash natives, Spanish explorers, 1950s dancers and cars, the water tower, agriculture fields and the dunes. • Submission #3: depicted Guadalupe’s diverse community.

Each council member voted on one (1) of the three (3)submissions. The result was that four (4) votes went to Submission #2 and one (1) vote for Submission #3. The total award is $5,000, broken up in two (2) parts: 1) $2,500 to fund supplies, and 2) $2,500 at the completion of the mural.

Motion was made by Council Member Ramirez and seconded by Council Member Costa, Jr. to approve Submission #2 as the finalist for the Le Roy Park Community Center Mural Contest. 5-0 Motion passed.

13. Establishing a Downtown Residential Permit Parking Pilot Program in the 1000 Block of Guadalupe Street.

Written report: Michael Cash, Director of Public Safety Recommendation: That the City Council adopt Resolution No. 2022-62 establishing a pilot residential permit parking program for the 1000 block of Guadalupe Street.

In connection with the downtown posted regulation, “No Overnight Street Parking between the hours of 12 midnight and 6 a.m.”, City police officers issued parking citations for illegally parking in the area after hours. (The timeframe posted is to allow the weekly Friday morning street sweeting contracted activity.) Several residents who reside in the 1000 block of Guadalupe Street complained about these citations and stated there are no available off-street parking spaces for them to park.

The Director of Public Safety reported at the May 10th Council meeting that it was determined that within the one-block location, 1000 Guadalupe Street, only four (4) residential units do not have off-street parking. The City Council directed staff to develop a permit parking program that would allow these residents to legally park their vehicles overnight with the exception of the street sweeping Friday mornings before 6 a.m.

July 12, 2022 City of Guadalupe Council Meeting MINUTES Page 8 of 14 If this parking pilot program is successful, it could be expanded to other areas of the city that face similar challenges. If the pilot program is unsuccessful, the City Council could eliminate it.

CM Costa, Jr. asked Chief Cash if he had talked with other departments which Chief said he had – San Luis Obispo and City of Santa Barbara. CM Costa, Jr. further asked if the Sheriff’s Department had been contacted in Orcutt regarding the parking area along Righetti High School. Chief had not contacted them.

CM Ramirez asked how success would be defined for this pilot program. Chief Cash said, “There are a couple ways to look at that: 1) we haven’t issued a lot of parking citations on this section of town because, at a time, we didn’t have a lot of street cleaning, so people left their cars overnight. We’ve stepped up because of street cleaning and it’s now been brought to our attention. Lower number of citations because the residents are abiding by the program would be one success factor and 2) not meeting any push in other neighborhoods, as far as parking or any crime associated with car break-ins, burglaries, etc.”
With this being a pilot program, Chief Cash said he’d look at a six-month period before re-evaluating things. He said, “We need to get permits, determine how to distribute, talk to property owners – there could be issues coming out of all of this. Will people park somewhere else and push the problem to some other neighborhoods?”
Mayor Julian asked, “Four (4) parking spaces…what if each has two (2) cars? Chief said, “One (1) car, one (1) space – four (4) tags.”
CM Robles asked, “Permits will be issued. Will the people know what alternate spots are available when street cleaning happens?” Chief Cash said, “We’ve worked hand-in-hand with our community resident. They’re the ones who brought it up and it’s been a collaborative effort. We’ve found something that works.”
Motion was made by Council Member Robles and seconded by Council Member Costa, Jr. to approve Resolution No. 2022-62 establish a pilot permit parking program for the 1000 block of Guadalupe Street. Roll Call: Ayes: 5 Motion passed.

Prior to moving on to Item #14., Mr. Bodem introduced Gabe Matsuura, an intern, handling everything with YouTube and zoom.

14. Approval to Reinstate the Public Safety Intern Program.

Written report: Michael Cash, Director of Public Safety Recommendation: That the City Council adopt Resolution No. 2022-63 reinstating the Public Safety Intern Program.

July 12, 2022 City of Guadalupe Council Meeting MINUTES Page 9 of 14 In March 2022, the City of Guadalupe’s Department of Public Safety developed and implemented the Public Safety Intern Program with ARPA funds approved by the City Council. This internship program is open to undergraduate students interested in public safety and pursuing a degree in a related field.

The interns receive hands-on learning experience and are assigned a mentor. Specific minimum requirements must be met. This program is geared to prepare and provide experience to community youth for careers in the public safety field. The ARPA funds for this program ran through June 30, 2022.

Chief Cash said, “Guadalupe is the only city in the County with this type of program. These are Guadalupe youth getting direct experience. They’re going to college…we’re looking long-term that these youth give back to the community. I didn’t bring this up at the budget workshop because I wanted to get that budget done. That’s why I’m bringing it back now.” Questions and comments from the Council were relating to the work schedule, length of program, type of training received, guarantee that the youth will return, funding, etc. Chief gave some details of the program:
• The schedule is 8-20 hours per week for 10 consecutive weeks…a five-month program scheduled like the Fire Academy and EMT Program.
• They receive training what a firefighter would get and what training they’d get for EMS…they will excel when they go to the Academy because they’re using their skills now. • There’s more guarantee that they will return than what exists now with Paid-Call Firefighters…these PCFs would get training and then leave…no big benefit for Guadalupe but with interns, we can keep them for a while…there’s a connection here to the community. • There are three (3) interns now: Gabriel Matsuura, Luis Ramos, Jr. and Eric Vera. All wanted to be in Fire although there also were opportunities in Police and emergency preparedness. • They will respond to fires but not be put in harm’s way. Luis Ramos, Jr. is an EMT but needs approval to “touch a person”. One other intern, Gabe Matsuura is an EMT enrollee for the next EMS training class.
• ARPA funds were used for the program through June 30, 2022; the line item for Paid-Call Firefighters will be reallocated to reinstate this program (Budget line item, 01-4220-0125).

Mayor Julian commented, “I don’t think there’s anything better than having someone who lives here, working in the community and who understands the community.” July 12, 2022 City of Guadalupe Council Meeting MINUTES Page 10 of 14 CM Ramirez mentioned the Cooperative Work Experience (CWE) Program at Allan Hancock College.

He explained that the students would be able to count their internship hours for college credit towards a fire degree. (This is depending on how many hours they work in each semester.) The success of the program is dependent upon the support from the worksite supervisor, guidance from the assigned faculty, and the commitment of the student to complete the learning objectives. He also said that this could apply for the EMS Academy, the Fire Academy…tag team with CWE at Hancock by filling out application here at the City and with CWE at the start of a semester.

Chief Cash asked CM Ramirez if he would be the counselor for this program here. CM Ramirez said, I’m not working through Hancock now but when I go back, yes. This program can be put on the list.

This is being done with Santa Maria Fire. Chief Cash was open to making this program as attractive as possible.

Motion was made by Council Member Costa, Jr. and seconded by Council Member Ramirez to approve Resolution No. 2022-63 to reinstate the Public Safety Intern Program. Roll Call: Ayes: 5 5-0 Motion passed.
(Note: Prior to the approval of this resolution, CM Cardenas asked if a re-look of the budget was needed by the Council. City Attorney Sinco said that the reallocation of the budget needs to be approved tonight, but other things discussed relating to the structure of the program can occur internally.)

15. Agreement for Animal Control Services between County of Santa Barbara and the City of Guadalupe – Fiscal Years 2022-2027.

Written report: Todd Bodem, City Administrator
Recommendation: That the City Council approve and authorize the Mayor to sign the agreement for Animal Control Services between the County of Santa Barbara and City of Guadalupe for Fiscal Years 2022-2027.

The County Animal Control Services contract expired June 30, 2022. The County has provided a contract for the next 5-year period of service from July 1, 2022, to June 30 2027. The new contract incorporates cost recovery measures in the form of a phase-in of cost increase over the period of the contract. For the current fiscal year, the first year’s increase is 4.5% or from $61,800 to $64,740 and variable increases estimated at 6% to 6.5% for each of the next four years. However, the overall dollar value is not compelling enough to warrant other animal control options at this time.

Mr. Bodem said, “Cities sent letters to the County to participate in a cost recovery study. Although the County received the letters, the cities weren’t included in the study. The Board of Supervisors accepted the study and went ahead allowing the increases for the full cost recovery. We analyzed this and talked to the cities about this. All the cities are signing on. But Santa Barbara and Lompoc are also studying for in-house services, knowing there’s a 60-day out clause. I talked to Santa Maria to see if we can partner with them.

July 12, 2022 City of Guadalupe Council Meeting MINUTES Page 11 of 14 It’s my recommendation to sign the agreement and wait to see what Santa Maria will do to see if we can do things better, knowing there’s the 60-day out clause. We’re looking to see if partnering with Santa Maria is a feasible option for us. Right now, we know that we can’t do anything else that’s cheaper.”
There was much discussion surrounding the pros and cons of a five-year contract with each year’s increases. CM Ramirez said, “The County put the City ‘between a rock and a hard place’ and the City shouldn’t sign but try to negotiate for a lesser number of years, such as three years. Also, the cost recovery numbers aren’t set in stone. If the City is able to vote ‘No’ on this, then go back to the Animal Control Servicdes people to negotiate number of years and then have Guadalupe deal our County Supervisor. I think there are a few things we need to look at before tying ourselves to a fiveyear contract. I wouldn’t agree with how it stands now with the number of years.” City Attorney Sinco clarified, “The City is not tied for the full five (5) years of the contract. If something better comes along, the City can give a 60-day notice for the out-clause at any point in time. We don’t have to make a decision within 60 days after signing the contract for the out-clause.” Other comments from the Council involved questions of services provided for the increase in costs; what areas will be covered; will they come here on weekends; how many staff members are on their trucks. There were also negative comments given about current response time being slow with the biggest issue dealing with deceased animals and that ‘Animal Control gives residents the third degree’.

CM Robles asked if there were any other agencies the City could look at for these services. There aren’t any others. CM Cardenas added, “For five (5) years, the total cost would be $380,000.” City Attorney Sinco said, “You have a choice. Go back to the table and try to negotiate. But remember, we must have these services.” Mr. Bodem said, “The current contract ran through June 30, 2022. We need to update now.”
Mayor Julian asked for motion to approve the new agreement/contract. There was no motion. No action taken.

The mayor then said, “Have them come and talk to us. Give us a presentation.” City Attorney Sinco asked for more direction…is the number of years the only issue or is there anything else? The mayor said, “Service and response time.” CM Ramirez mentioned ‘micro-chipping’. Mr. Bodem said that he’ll schedule the Animal Control Services people to speak before the City Council.

16. FUTURE AGENDA ITEMS
• Former Al’s Union Station Property: put on “Other Unscheduled Items” • Performance Evaluation – City Administrator: put on August 9th closed session July 12, 2022 City of Guadalupe Council Meeting MINUTES Page 12 of 14 • Animal Control Services Presentation: date not yet determined

17. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS
CM Ramirez:

Shannon Sweeney and I met with Waste Management re contract, level of service, doing things clearer for residents; beneficial when agreement comes up for an agenda item.

Last Saturday, July 9th, the first class of micro-enterprise class graduated. It was inspiring to see residents starting their own businesses. This program was in partnership with Los Amigos de Guadalupe. There will be another class. They’re looking to have a class, exclusively in Spanish.

The instructor that they have is bilingual.

Wednesday, July 13th, there is a meeting with Broadband Advisory Committee at 3:30 p.m., working with Charter/Spectrum to try and elevate that service for our residents. The meeting will be in the council chambers.

CM Cardenas:

I’m on the committee that oversees the micro-enterprise program. Glad to see that there will be a second class offered. The class materials are now ours. The instructor is willing to come back to give classes again.

CM Robles:

On Sunday, July 17th, at 1:00 p.m. at the Guadalupe Cultural Arters Center, about 20 people will be in the first bonsai class. Mr. Muranaka will be there in combination with his original class. The cost is $5 per class or $25 for six months. Bring your own tree for the first class or you can just sit and observe. This teaches you a lot about patience and life.

The Softball Program is working out really well. Also, on Wednesdays, there’s drop-in volleyball from 5:00 p.m. to 7:00 p.m. Then on Fridays, there’s drop-in basketball, also from 5:00 p.m. to 7:00 p.m.

CM Costa, Jr.:

He mentioned the upcoming 5K run. Sign-up on Thursday at O’Connell Park at 6:00 p.m. Hannah Fuentes, Recreation Services Manager said, “The 5K is on Saturday, July 30th. Check-in is at 9:00 a.m. with the race beginning at 10:00 a.m. There’ll be in-person registration on the day of, with cash only accepted day of race. For registrations prior to July 30th, you can go to the Finance Department and pay with check, debit card or credit card. For $20, you get a full registration packet which includes a t-shirt, an individual color packet, a participation medal, choice of drink and snack or $10 for entrance fee only. Probably on the day of the race, I’ll be selling t-shirts individually, as well.” July 12, 2022 City of Guadalupe Council Meeting MINUTES Page 13 of 14 Mayor Julian asked Mr. Fuentes for an update on the renovations for the auditorium. She said, “Things are basically finished except for the paint job.” Ms. Sweeney said, “An RFQ went out for painting with two (2) bidsreceived on July 10th. The first three (3) weeks in August have been blocked off in the auditorium.” The mayor asked about curtains. Mr. Fuentes said, “The curtains were in the warrants for today. I’ll follow up tomorrow to find out the ship date.” Ms. Fuentes then talked a bit about the Resource Fare, scheduled for Saturday, July 23rd, combining resources with Fresno. She said, “They’ll be bringing in their Community Center for arts and technology which is made up of all kids. There will be a play regarding a family dealing with Covid.

Also, El Padrecito Folklorico Dance Group will perform during intermissions. The highlight, though, is more for the resources themselves. Passports will be handed out at the door. Logos of organizations at the fair will be on the passports. Once you’ve visited each table, your passport will be marked and when completed, return it to the Recreation table for a raffle. Each organization will be providing a raffle item. The doors open at 3:00 p.m. with the performance starting at 4:00 p.m.” Mayor Julian said, “There are 35 people coming from Fresno. All of the technical and video for this play is handled by the youth. Lunch will be served for them at the Senior Center. Organization booths and vendors and resource people will be in the courtyard area of City Hall. There will be seating in the auditorium with areas of social distancing in the back of the auditorium. Masks will be provided at the door. Covid tests will be handled out, too. Concessions will be available during intermissions provided by the El Padrecito Folklorico Dance Group.”
CM Cardenas asked if the organizations participating will be local or otherwise. Ms. Fuentes said, “Both. Some are Community Health Center, Guadalupe Business Association, Los Amigos de Guadalupe, El Padrecito, and Little House by the Park. I reached out to the Guadalupe Bulldogs and the Dunes Center but got no response from either.” The mayor said, “Information was forwarded to CAUSE. There will be a bilingual announcer/coordinator from SERS/Jobs for Progress. Also, the group will be giving out 50 backpacks with school supplies. We may want to emphasize use of masks.

Something to think about.” Ms. Fuentes said that flyers have been dispersed downtown, LADG, on social media and posted on the Royal Theatre marquee.

Mayor Julian: mentioned upcoming meetings with Cal Vans, SBCAG and APCD.

18. ADJOURNMENT TO CLOSED SESSION MEETING
Motion was made by Council Memer Ramirez and seconded by Council Member Costa, Jr. to adjourn to closed session. 5-0 Motion passed. Meeting adjourned to closed session at 7:48 p.m.

CLOSED SESSION

19. Conference with Labor Negotiator
(Subdivision (a) of Government Code Section 54957.6)
July 12, 2022 City of Guadalupe Council Meeting MINUTES Page 14 of 14 Agency designated representatives: City Administrator, Human Resources Manager, and Che Johnson, Partner, Liebert, Cassidy, Whitmore
Employee organizations: Guadalupe Police Officers Association (POA); International Association of Firefighters (IAFF), local 4403

20. Public Employment
(Pursuant to Government Code Section 54957(b))
Title: City Attorney

21. Public Employment
(Pursuant to Government Code Section 54957 (b))
Title: City Administrator

22. Conference with Legal Counsel – Existing Litigation (Subdivision (d)(1) of Government Code Section 54956.9) Name of case: Joseph Martin, et al. v. City of Guadalupe, et al., Superior Court of California, County of Santa Barbara – Cook Division, Case No. 22CV02484

23. ADJOURNMENT TO OPEN SESSION MEETING
Motion was made by Council Member Costa, Jr. and seconded by Council Member Cardenas to go back to open session. 5-0 Motion passed.

24. CLOSED SESSION ANNOUNCEMENTS
No reportable actions.

25. ADJOURNMENT
Motion was made by Council Member Costa, Jr. and seconded by Council Member Cardenas to adjourn. 5-0 Motion passed. Meeting adjourned at 8:55 p.m.

Prepared by: Approved by:
__________________________________ ___________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
Agenda Item No. 6D

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of July 26, 2022
_________________________________
Prepared by:

Todd Bodem, City Administrator
SUBJECT: Consider entering into a Professional Services Agreement with the Law Office of Philip F. Sinco for City Attorney Services.

RECOMMENDATION:

It is recommended the Council, by motion, approve a professional services agreement for city attorney services with The Law Office of Philip F. Sinco, LLC, and authorize the Mayor to sign the agreement on behalf of the City.

BACKGROUND:

Following a request for proposals, the City Council selected, and authorized the City to enter into a professional services agreement with, Philip F. Sinco (The Law Office of Philip F. Sinco, a sole proprietorship), for city attorney services, effective on July 1, 2017. The agreement was for a two-year term at a rate of $135.00 per hour.

At its meeting on June 25, 2019, the City Council approved entering into a new professional services agreement for city attorney services with the City on largely the same terms. The new terms in the agreement included a three-year term ending on June 30, 2022, and an increase to the hourly rate from $135.00 per hour to $165.00 per hour.

During a closed session at its July 12, 2022, meeting, the City Council considered a proposal from Mr. Sinco for a new professional services agreement for city attorney services with the City on the same terms (including a three-year term), with the only new term being an increase in the hourly rate from $165.00 per hour to $175.00 per hour. The City Council agreed to the rate increase and another three-year term beginning, retroactively, on July 1, 2022, and expiring on June 30, 2025.

Attached for Council consideration is the proposed professional services agreement for city attorney services with The Law Office of Philip F. Sinco, a sole proprietorship. It was erroneously reported in the staff report on June 25, 2019, when the professional services agreement with Mr.

Sinco was approved for July 1, 2019, through June 30, 2022, that Mr. Sinco had “recently incorporated as a limited liability corporation and will be entering into the proposed agreement in this capacity.” That was a mistake. Mr. Sinco did not review this staff report at that time prior to its inclusion as part of the City Council’s agenda and was unable to correct this error at the time (and he was unaware of it at the time). The agreement entered into between the City and The Law Office of Philip F. Sinco in June 2019 was between the City and Mr. Sinco as a sole proprietor, not as an LLC, and therefore, the agreement was correct. It was only the staff report that was incorrect. This information is simply being provided to clarify the historical record.

FISCAL IMPACT:

With the increase in the hourly rate from $165.00 to $175.00 per hour there would be a modest impact to the City’s General Fund of approximately $5,000.00. However, even with this impact, the total amount budgeted for all legal services rendered to the City is not expected to be exceeded during the term of the proposed agreement

ATTACHMENTS

1. Professional Services Agreement

CITY OF GUADALUPE

AGREEMENT FOR PROFESSIONAL LEGAL SERVICES
THIS AGREEMENT is entered into on July 26, 2022, and is effective, retroactively, as of July 1, 2022, between the CITY OF GUADALUPE, a municipal corporation ("City") and PHILIP F.

SINCO, a sole proprietor (“Attorney”). The term City shall also include all boards, commissions, and other bodies of the City.

1. SCOPE OF WORK AND DUTIES
City hires and appoints Attorney to act as the principal legal advisor to the City Council, and to render such legal services as are customarily rendered by a city attorney, including attending meetings of the City Council, Planning Commission, Redevelopment Successor Agency, and other boards and bodies of the City, and its affiliated agencies, as directed by City.

Representation shall include, but not necessarily be limited to, drafting and reviewing ordinances, resolutions and City agreements, and consulting with or advising City staff on legal issues that arise within their areas of operation, and generally advising the City Council and City staff concerning the legal affairs of City. Attorney is prepared to, and will, provide representation to City in all of its legal affairs, including, but not limited to, municipal law, tort defense, labor representation, criminal prosecution, redevelopment, finance, franchising, contract representation and other matters, except as noted on Exhibit A (Scope of Services), where conflicts exist or where the City Council may otherwise direct. Attorney shall represent City in initiating and defending all litigation unless otherwise directed by the City Council. All of these duties shall be performed, as directed by the City Council, and Attorney will keep the City Council and the City Administrator informed as to the progress and status of all pending matters.

All legal services can be authorized only by the City Council or the City Administrator, except should Attorney be unable to attend meetings or be otherwise unavailable to provide legal services due to vacation, illness or other reasons, attorney Wendy Stockton may provide legal services without the need for prior authorization by the City Council or the City Administrator.

Attorney will pay any invoices for Wendy Stockton’s services, and Attorney shall be reimbursed by City for these services. Alternatively, Attorney may recommend the use of outside counsel to temporarily serve in his absence subject to approval by the City Council or the City Administrator. In these events, Attorney shall coordinate and oversee the work of such counsel.

Attorney will manage and control the delivery of legal services in a competent, professional, and cost-effective manner. Where appropriate, Attorney may from time to time recommend the use of special counsel for litigation or specialized matters. Notwithstanding the foregoing, it is expressly understood that Attorney shall not be responsible for any pending litigation matter(s) until Attorney has specifically appeared in the matter as attorney of record on behalf of City.

2. CITY DUTIES
City agrees to provide such information, assistance, cooperation, and access to books, records, and other information, as is necessary for Attorney to effectively render his professional services under this Agreement. City further agrees to abide by this Agreement, and to pay in a timely manner for Attorney's bills for fees, costs, and expenses.

ATTACHMENT 1

3. LEGAL FEES, BILLING PRACTICES, AND PERSONNEL
City shall compensate Attorney for legal services provided within the scope of work and duties as follows:

From July 1, 2022, through June 30, 2025, City shall pay to Attorney: $175.00 per hour for legal services.

In addition to paying legal fees, City shall reimburse Attorney for customary and reasonable costs and expenses incurred by Attorney in the course of providing legal services to City. Except for regular and special City Council meetings for which Attorney will not charge any travel time, fees will include travel time for court appearances, mediations, meetings, etc. requested by City, in which case, travel time will be charged at one-half of the hourly billing rate, but mileage will not be charged. Attorney shall render to City a statement for fees for services and costs incurred every calendar month. City shall pay Attorney's statement within thirty (30) days after issuance of each statement. Each statement shall clearly indicate the basis of the fees, including the working attorney, hours worked, hourly rate and a brief description of the work performed, and a description of costs charged. Attorney will exercise discretion to the rendering of legal services in a competent and economically efficient manner.

4. THIRD PARTY COSTS AND EXPENSES
Attorney may determine it necessary or appropriate to use one or more outside investigators, consultants, or experts in rendering the legal services required (particularly if a matter goes into litigation). Upon advance City Administrator approval and proper documentation, City shall pay directly or reimburse Attorney for directly incurred out-of-pocket disbursements, costs, and expenses of providing said services.

5. INDEPENDENT CONTRACTOR/LAWFUL PERFORMANCE
Attorney shall perform all legal services required under this Agreement as an independent contractor. Neither City, nor any of its employees shall have any control over the manner, mode or means by which Attorney renders the legal services required under this Agreement. City shall have no input into the selection, discharge, supervision or control of any employees Attorney may choose to employ in connection with the provision of legal services hereunder, nor in establishing their compensation or hours of work. The parties expressly agree that Attorney is being retained to provide professional legal services, and nothing in this Agreement shall be interpreted to establish the office of City Attorney, or otherwise establish duties for Attorney that would result in his being included within membership in the California Public Employees Retirement System for the legal services rendered hereunder. Attorney shall fully comply with the provisions of law regarding performance of this Agreement, including but not limited to, laws regarding licensure, professional canons of ethics and conflict of interest statutes, rules and regulations. Attorney must certify and comply with the following: (a) that Attorney has no ethical or legal conflicts which would in general disqualify Attorney from representing City; (b) that Attorney will refrain from initiating any legal action against City (or their respective officers, agents and employees in their official capacity as such) by way of complaint or crosscomplaint during the term of this Agreement or any services rendered pursuant thereto, whichever later occurs; and (c) that Attorney will promptly disclose upon knowledge or discovery of any specific facts which would or could potentially disqualify Attorney from representing City pursuant to this Agreement.
3 July 2022

6. HOLD HARMLESS
Attorney agrees to protect indemnify and save harmless City against all claims, demands and causes of action by Attorney's employees or third parties on account of personal injuries or death or on account of property damages arising out of the work to be performed by Attorney hereunder and resulting from the negligent acts or omissions of Attorney, Attorney's agents, employees or subcontractors.

7. INSURANCE
Attorney shall procure and maintain, at his sole cost and expense, comprehensive general liability and property damage insurance, including automobile and excess liability insurance and professional liability insurance against all claims for injuries against persons or damages to property resulting from Attorney's negligent acts or omissions rising out of or related to Attorney's performance under this Agreement. The minimum amount of such insurance shall be $1,000,000 per occurrence. If Attorney elects to obtain insurance policies issued on a claimsmade basis, Attorney shall also procure and pay for appropriate tail coverage for a minimum of three years following completion of the Scope of Services to cover any errors or omissions occurring during the term of this Agreement. In the alternative, Attorney may elect to obtain equivalent coverage on an occurrence basis. Attorney shall also carry Workers' Compensation Insurance in accordance with applicable laws of the State of California. Such coverage shall be maintained in effect during the term of this Agreement and shall not be subject to reduction in coverage below the limits established, nor shall the insurance be canceled or terminated without thirty (30) days prior written notice to City. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. Each such insurance policy shall contain language substantially similar to the following clause:
"The City of Guadalupe, its elected and appointed officials, officers, employees, and agents are named as additional insureds as respects operations of the named insured performed under contract with the City of Guadalupe."
City need not be named as an additional insured on professional liability insurance policies.

8. TERM, DISCHARGE AND WITHDRAWAL
This Agreement shall continue in effect until June 30, 2025. City may discharge Attorney at any time with or without cause upon written notice to Attorney. Attorney may withdraw from City's representation at any time, to the extent permitted by law and the rules of professional conduct, upon at least thirty (30) days written notice. Upon notice of discharge or withdrawal, Attorney shall deliver all documents and records of City to City and assist to the fullest extent possible in the orderly transition of all pending matters to City's new counsel.

9. NOTICE
Any notice required by law or by this Agreement shall be deemed delivered upon personal delivery or when deposited in the United States Mail, postage prepaid, and addressed as described below or to any subsequently noticed change of address, whichever applies:

CITY
City of Guadalupe
Attn: City Administrator
918 Guadalupe Street
Guadalupe, CA 93434

ATTORNEY
The Law Office of Philip F. Sinco
519 S. Broadway
Santa Maria, CA 93454

10. ASSIGNMENT
This Agreement shall not be assigned by Attorney without prior written consent of City.

11. MAKING OF AGREEMENT
Attorney has not participated in his official capacity with City in the discussion, negotiation, or making of this Agreement, nor has Attorney advised the City Council, any member thereof, or any member of City's staff with regard to this Agreement. City has not sought advice from Attorney with regard to this Agreement and understands that such advice cannot and will not be provided to City by Attorney. City has utilized the services of its existing legal counsel in advising it in connection with the drafting and negotiation of this Agreement.

12. INTEGRATION
This Agreement contains the entire understanding of the parties regarding their rights and obligations hereunder. Any alleged oral representations or modifications concerning this Agreement and the subjects thereof shall have no force or effect unless reduced to a writing signed by both parties. This Agreement may be amended only in a writing signed by both parties.

CITY

CITY OF GUADALUPE
__________________________
By: Ariston Julian, Mayor
Date: July 26, 2022

ATTORNEY
THE LAW OFFICE OF PHILIP F. SINCO
___________________________________
By: Philip F. Sinco
Date: July 26, 2022.

Agenda Item No. 6E

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of July 26, 2022

_______________________________ _________________________________ Prepared by: Approved by:

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

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

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

Staff requests that the City Council accept this report for its information. The report includes preliminary numbers for the fiscal year. Please note that the Finance Department is working through the fiscal year end process and there may be adjustments to final numbers from the auditors. Final numbers for the fiscal year will be presented with audited financial statements when those are completed.

ATTACHMENTS:

1. June 2022 Financial Report
Lorena Zarate
ATTACHMENT 1

City of Guadalupe
Financial Report
Fiscal Year 2021-22 through June 2022
Overview
The fiscal year 2021-22 financial report concentrates on the General Fund and Water/Wastewater Enterprise Funds through June 2022, or 100 percent of the year expended.

The purpose of the report is to provide a status of cash, fund balance and budgeted Revenue and Expenditures versus actual at 100 percent of the fiscal year expended. As a disclosure, the yearend process is still in progress and there may be additional adjustments recommended by the auditor.

General Fund Cash
Total cash as of June 30th, 2022, was $490,739.70. For comparison, the cash balance for June 2021 was $915,602.57.

General Fund Revenue
Actual revenue received through June 30th, 2022, compared to the amended budgeted revenue shows the General Fund below target 92.2 percent of expected revenues as compared to 100% for 12 months expended through the year.

The tables below show General Fund revenue by category. Highlighted in yellow are specific revenue categories that have fallen short as compared to the budget through June 2022. In regard to sales tax revenue, Staff has engaged HDL to provide a more updated projections for this fiscal year. An analysis was provided by HDL on April 22nd that shows that the total expected

sales tax revenue for the City is projected to be $538,850 plus $686,697 for Measure N for a total of $1,225,547 for the current fiscal year. This represents $85,798 shortfall from the originally budgeted amount of $1,311,345. Monies related to the months of May and June are expected to come in the month that will be accrued back to fiscal year 2022.

In regards to building permitting fees, currently these appear slightly under budget. Pasadera has permitted out 65 lots instead of the 53 lots expected. Escalante Meadows has not permitted out and does not plan to before the end of June 2022, per correspondence in April.

In regards to revenue from transfers, the General Fund has received $212,622 from ARPA to fund various costs that are summarized in Exhibit A. Transfer revenue from the Successor Agency for administrative costs was originally budgeted at $165,000. However, the Department of Finance only approved $140,557 with the ROPS as the remediation project is close to being finalized.

The Other Revenue category includes cannabis application fees received in the amount of $63,000, and airport and SRO revenue, among other miscellaneous revenue, as shown in the graphic below. The City received the Chevron grant of $90,000 in early May and a reimbursement from the LEAP grant in the amount of $74,138 is in process for the general plan update. Total LEAP Grant for the General Plan update is $160,000 plus $65,000 for the environmental portion; total REAP Grant for offsetting planning expenses is $104,000.

Category Budget Actual %
Property Tax 1,575,000 1,663,674 105.6%
Transfers from other funds 1,216,106 1,040,527 85.6%
Sales Tax 1,311,345 1,062,649 81.0%
Utility Users Tax 450,000 462,867 102.9%
Building Permit & Planning 537,930 502,261 93.4%
Business License 272,000 267,163 98.2%
Franchise Fees 260,000 259,461 99.8%
COPS Grant 166,000 161,285 97.2%
Rental of Property 100,000 117,267 117.3%
Administrative Overhead 82,471 86,332 104.7%
Other 1,095,357 892,163 81.4%
Total Revenue 7,066,209 6,515,650 92.2%
Gen. Fund Revenue by Category

General Fund Expenditures
Expenditures are currently under budget at 91 percent expended as compared to the amended budget. The Table and Chart below shows all General Fund Departments and spending trends as of June 30th, 2022. All departments are within budget through June 2022, except for the unexpected cannabis fees that were paid recently. Overall, expenditures for the General Fund are lower than revenues by $323,948 through June 2022.

Other Revenue Budget Actual %
Dividends 1,600 1,383 86.4%
Other Lic/Permits 28,230 33,769 119.6%
Over counter plan chk 14,682 16,834 114.7%
Cannabis App Fee 63,000 63,000 100.0%
Criminal Fines 300 164 54.5%
Other Fines 5,000 6,211 124.2%
Other Gov Grants 5,100 9,642 189.1%
Vehicle Anti Theft 3,978 4,022 101.1%
LEAP/REAP Grants 290,509 78,637 27.1%
Grading Permit 900 250 27.8%
Public Impr Plan Chk 500 - 0.0%
Plans & Specs 21,300 30,666 144.0%
AMR Fire 238,678 244,137 102.3%
Other Permit 3,200 1,272 39.7%
Other Service Chages 500 175 35.0%
Chevron 90,000 90,000 100.0%
Interest Inc 5,000 712 14.2%
Investment Inc (12,000) - 0.0%
Misc Inc 1,500 1,142 76.1%
Cash Over/Short - 3 #DIV/0!
SRO 53,915 50,419 93.5%
rev from other agencies 264,465 247,327 93.5%
other parks & rec - 2,210 #DIV/0!
Misc Rev Police 15,000 10,189 67.9%
1,095,357 892,163 81.4%

General Fund Balance
The term fund balance is used to describe the net position of governmental funds calculated in accordance with generally accepted accounting principles (GAAP). It is intended to serve as a measure of the financial resources available to the fund. Fund balance represents the total amount accumulated in the fund from prior years at a point in time. The fund balance in the General Fund as of June 30th, 2022 is a positive $694,303.30. As mentioned earlier, this is a preliminary figure. The graph below shows the upward trend through the past several years. As shown in the visual below, the fund balance at the end of June 2021 was $370,355.31 for comparison. A priority for City is to continue to increase the fund balance enough to establish a reserve of a minimum of 15% of the General Fund operating budget, which is $1,037,171.

DEPARTMENT NAME Amended Budget Actual Spent as of
6/30/2022 100%
City Council 15,070 12,484 83%
Administration 487,530 468,016 96%
City Attorney 120,000 113,019 94%
Finance 548,475 492,107 90%
Non Departmental 548,587 440,542 80%
Building Maintenance 325,723 226,783 70%
Police 2,744,346 2,611,345 95%
Fire 1,338,000 1,263,355 94%
Parks & Rec 326,099 255,700 78%
Building and Safety 284,060 239,687 84%
Cannabis 57,587 68,664 119%
TOTAL ALL DEPARTMENTS: 6,795,477 6,191,702 91%
2021-22 GENERAL FUND EXPENDITURES

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

The following charts compare budget to actual Revenue and Expense:

The Enterprise funds experienced revenue at 95% of budget for Water and 93% for Wastewater for the period.

Water Wastewater

REVENUES
Charges for Services 2,396,621 1,831,037
Interest 4,255 5,003
Other 93,164 165,334
Connection Fees 97,357 285,344
Developer Fees 89,250 281,250
Total 2,680,647 2,567,968

EXPENSES
Operating 1,089,439 1,188,720
Capital 7,078 1,828,596
Depreciation - -
State Water 809,742 -
Debt Service 146,819 -
Total 2,053,078 3,017,316
Actuals Through June
30, 2022

Operating expenses for Water and Wastewater are below budget at 60% and 56%, respectively.

ARPA
City Council has allocated $1,716,934 of the total award of $1,860,000. During the budget review process, City Council approved the use of funds from ARPA in the amount of $846,743 for the current fiscal year. So far through June 2022, $341,326.75 has been expended. The remaining of the funds would have to be expended by the end of December 2024. Please see Exhibit A for further details.

CONCLUSION
The City needs to continue to look for cost cutting measures and additional revenue sources in order to continue to provide the services the residents expect and for these to be sustainable long-term. Sustainability is a concern when reserves are not at the target amount. Currently, the City has ARPA funds available, but these are limited. The City should not be dependent on one-time monies to sustain recurring expenses. Enterprise funds and other funds are general in line with budget and City Staff does not expect any further significant fluctuations in these funds. City Staff will continue to monitor closely and continue to provide a financial report to Council monthly.

Information in this report is unaudited.
1 23456789
1011121314151617181920212223242526272829303132333435363738394041424344454647484950515253545556

AB C D E F G H I J K L M N O P Q R S T U V
ARPA Summary ‐ Draft
BUDGETED ACTUAL ACTUAL ACTUAL ACTUAL ACTUAL ACTUAL ACTUAL Est BUDGETED BUDGETED Description Council Approved FY21‐22 DEC 2021 JAN 2022 FEB 2022 MAR 2022 APR 2022 MAY 2022 JUN 2022 FY21‐22 REMAINING FY22‐23 REMAINING FY23‐24 REMAINING revenue General Fund loss of revenue $ 200,456 $ 30,000 $ 30,000.00 $ 30,000.00 $ 170,456.17 170,456.17 ‐  ‐  ‐ revenue General Plan Environmental impact review $ 46,074 $ ‐ $ 46,073.80 46,073.80 ‐  ‐  ‐ Water Utility debt forgiveness $ 35,000 $ 35,000 $ 35,000.00 $ 35,000.00 $ ‐ ‐  ‐  ‐  ‐ CDBG Los Amigos de Guadalupe $ 40,000 $ 20,000 $ 2,707.54 $ 3,286.67 $ ‐ $ 5,994.21 $ 34,005.79 30,805.79 3,200.00 ‐ 3,200.00revenue Cyber Sec Upgrades IT $ 75,000 $ 26,220 $ 26,220.00 $ 26,220.00 $ 48,780.00 24,390.00 24,390.00 24,390.00 ‐ Rec Manager $ 168,865 $ 50,957 $ 6,148.79 $ 6,721.04 $ 6,721.04 $ 6,721.04 $ 6,716.47 $ 6,721.05 $ 39,749.43 $ 129,115.77 92,600.00 36,515.77 36,516.82 (1.05) Jack O'Connell Park $ 25,000 $ 25,000 $ 3,496.06 $ 21,503.94 $ 25,000.00 $ ‐ ‐  ‐  ‐  ‐ 01‐4300‐1550 Concession Stand $ 1,000 $ ‐ $ 1,000.00 1,000.00 ‐  ‐  ‐ 01‐4300‐1550 Recreational Programs $ 20,000 $ 313.09 $ 563.09 $ 876.18 $ 19,123.82 19,671.71 (547.89) ‐  (547.89) 01‐4300‐1550 Tables and C Storage $ 8,900 $ ‐ $ 8,900.00 8,900.00 ‐  ‐  ‐ 01‐4140‐2999 PPE Supplies $ 4,800 $ 2,098 $ 169.64 $ 169.64 $ 4,630.36 4,630.36 ‐  ‐  ‐ Public Safety Paid Volunteers $ 10,000 $ 10,000 $ 8,901.16 $ 2,179.91 $ 1,598.60 $ (2,679.67) $ 10,000.00 $ (0.00) ‐  (0.00) ‐  (0.00) CIP Planning Software $ 62,933 $ 73,000 $ ‐ $ 62,933.13 73,000.00 (10,066.87) ‐  (10,066.87) 01‐4140‐2151 Adobe $ 18,208 $ 3,166 $ 3,165.91 $ 7,423.30 $ 10,589.21 $ 7,618.51 7,618.51 ‐  ‐  ‐ WIFI for LeRoy Park ‐ Change Orders $ 39,000 $ 30,370.00 $ 8,630.00 $ 39,000.00 $ ‐ ‐  ‐  ‐  ‐ Live Streaming Equipment, Webcam, TV's $ 8,500 $ 4,090.80 $ 1,008.96 $ 1,972.82 $ 1,367.64 $ 8,440.22 $ 59.78 ‐  59.78 ‐  59.78 01‐4140‐2151 Building Attendent ‐ Live Streaming Administration $ 4,320 $ ‐ $ 4,320.00 4,320.00 ‐  ‐  ‐ 01‐4140‐2151 Spanish/Mixteco Interpreting Services $ 7,500 $ ‐ $ 7,500.00 7,500.00 ‐  ‐  ‐ 01‐4140‐2151 Website Update $ 15,000 $ 3,500 $ 3,500.00 $ 1,050.00 $ 1,100.00 $ 125.00 $ 1,775.00 $ ‐ $ 7,550.00 $ 7,450.00 6,450.00 1,000.00 ‐ 1,000.00 01‐4140‐2151 Website Content $ 4,800 $ ‐ $ 4,800.00 4,800.00 ‐  ‐  ‐ 01‐4140‐2151 Website Event Management Plugin $ 5,000 $ ‐ $ 5,000.00 5,000.00 ‐  ‐  ‐ 01‐4140‐2151 Website PW Request ‐ Workflow Management $ 1,200 $ ‐ $ 1,200.00 1,200.00 ‐  ‐  ‐ 01‐4140‐1550 Surface Pro 7 w/Keyboard $ 19,682 $ ‐ $ 19,681.60 19,681.60 ‐  ‐  ‐ CIP Council Chambers ‐ ADA/Window Ventilation Update $ 300,000 $ 300,000 $ ‐ $ 300,000.00 300,000.00 ‐  ‐  ‐ CIP Architectural Drawings $ 100,000 $ 100,000 $ ‐ $ 100,000.00 100,000.00 ‐  ‐  ‐ CIP City Hall Restroom(s) Redesign $ 154,000 $ ‐ $ 154,000.00 154,000.00 ‐  ‐  ‐ 01‐4200‐1400 Generator (1) $ 50,000 $ ‐ $ 50,000.00 50,000.00 ‐  ‐  ‐ 01‐4145‐2150 Auditorium Upgrades $ 75,000 $ 75,000 $ 247.00 $ 2,571.16 $ 10,033.73 $ 27,911.50 $ 40,763.39 $ 34,236.61 46,698.11 (12,461.50) ‐  (12,461.50) 01‐4145‐1550 PW Conference Room Upgrades $ 18,000 $ 18,000 $ 200.62 $ 2,020.00 $ 69.13 $ 71.68 $ 1,970.00 $ 4,331.43 $ 13,668.57 15,638.57 (1,970.00) ‐  (1,970.00) 01‐4145‐1550 Finance Office Upgrades $ 5,000 $ 5,000 $ ‐ $ 5,000.00 5,000.00 ‐  ‐  ‐ 01‐4145‐2150 Vegetation Maintenance; Gates, vehicle, code compliance $ 50,000 $ 30,000 $ 8,043.00 $ 6,041.00 $ 5,040.00 $ 19,124.00 $ 30,876.00 30,876.00 ‐  ‐  ‐ Maintenance Lead $ 85,500 $ 23,328 $ ‐ $ 85,500.00 75,600.00 9,900.00 9,900.00 ‐ CIP Library Relocation $ 30,000 $ ‐ $ 30,000.00 30,000.00 ‐  ‐  ‐ Admin and Finance Heating $ 5,460 $ 5,460 $ 4,280.00 $ 1,180.16 $ 19,780.00 $ 25,240.16 $ (19,780.00) ‐  (19,780.00) ‐  (19,780.00) SBCAG Broadband Contribution $ 5,223 $ 5,422.63 $ 5,422.63 $ (200.00) ‐  (200.00) ‐  (200.00) 01‐4200‐0100 Differential for Emergency Services Manager $ 3,298 $ 3,298 $ ‐ $ 3,298.00 3,298.00 ‐  ‐  ‐ 01‐4405‐0150 Temp. Permit/Planning appointment for scanning $ 1,210 $ 1,210 $ ‐ $ 1,210.00 1,210.00 ‐  ‐  ‐ Drinking Fountain and refridgerator $ 6,506 $ 6,506 $ 6,506.25 $ 6,506.25 $ (0.25) ‐  (0.25) ‐  (0.25) CIP Emergency declaration ‐ electrical issues $ ‐ $ ‐ $ 1,350.00 $ 1,350.00 $ (1,350.00) 50,000.00 (51,350.00) ‐  (51,350.00) revenue finance intern $ 6,500 $ ‐ $ 6,500.00 6,500.00 ‐  ‐  ‐ $ 1,716,934 $ 846,743 $ 200.62 $ 34,080.59 $ 17,921.49 $ 47,906.54 $ 86,376.12 $ 89,764.17 $ 65,077.22 $ 341,326.75 $ 1,375,607.66 1,396,918.62 (21,310.96) 70,806.82 (92,117.78) Total ARPA awarded $ 1,860,000Remaining to allocate $ 143,066 BUDGETED ACTUAL ACTUAL ACTUAL ACTUAL ACTUAL ACTUAL ESTIMATE TOTAL ESTIMATE TOTAL BUDGET TOTAL BUDGET FY21‐22 DEC 2021 JAN 2022 FEB 2022 MAR 2022 APR 2022 May 2022 June 2022 FY21‐22 FY22‐23 FY23‐24 Received $ 930,930 $ 365,706 $ 201 $ 31,294 $ 17,921 $ 45,454 $ 18,699 $ 74,351.44 $ 24,703.28 $ 212,623 related to General Fund $ 659,113 related to General Fund $ 70,807 related to General Fund $ ‐ $ ‐ $ ‐ $ ‐ $ 2,453 $ ‐ $ ‐ $ ‐ $ 2,453 related to transit $ ‐ related to transit $ ‐ related to transit $ 20,000 $ ‐ $ ‐ $ ‐ $ ‐ $ 33,078 $ 11,916.67 $ ‐ $ 44,994 related to cdbg $ 30,806 related to cdbg $ ‐ related to cdbg $ 2,787 $ ‐ $ 2,787 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ 2,787 related to fund 60 $ ‐ related to fund 60 $ ‐ related to fund 60 $ 400,000 $ ‐ $ ‐ $ ‐ $ ‐ $ 1,350 $ ‐ $ 18,870.00 $ 20,220 related to CIP $ 707,000 related to CIP $ ‐ related to CIP $ 33,250 $ ‐ $ ‐ $ ‐ $ ‐ $ 33,250 $ ‐ $ ‐ $ 33,250 related to water $ ‐ related to water $ ‐ related to water $ 25,000 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ 3,496.06 $ 21,503.94 $ 25,000 related to fund 38 related to fund 38 $ ‐ related to fund 38 $ 846,743 $ 201 $ 34,081 $ 17,921 $ 47,907 $ 86,376 $ 89,764 $ 65,077 $ 341,327 $ 1,396,919 $ 70,807 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐

EXHIBIT A
Agenda Item No. 6F

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of July 26, 2022

_______________________________ _________________________________ Prepared by: Approved by:

Lorena Zarate, Finance Director Todd Bodem, City Administrator SUBJECT: Annual Statement of Investment Policy for Fiscal Year 2022-2023 RECOMMENDATION:

That the City Council review and consider adoption of Resolution No. 2022-64 acknowledging the receipt of and filing of the Annual Statement of Investment Policy for Fiscal Year 2022-23.

BACKGROUND:

California Government Code section 53646(a)(2) previously required the annual filing of a Statement of Investment Policy with the State Controller’s Office. The law has now been revised to state that the policy “may” be filed annually.

DISCUSSION:

The City of Guadalupe Investment Policy is attached (Exhibit A) for Council review under Resolution No. 2022-64. The basic principle underlying the City’s Investment Policy is that money is always safe and available when needed. The objective of this policy is to accurately monitor and forecast expenditures and revenues through daily cash flow analysis to enable investment of funds to the fullest extent possible. The Investment Policy attached reflects no modifications from the Investment Policy for fiscal year 2021-2022 presented on May 25, 2021. The Resolution also delegates the City Council’s authority concerning City investments to the City Treasurer for another one-year period as provided by Government Code section 53607.

Current investments as of June 30th, 2022 are as follows:

Investment
Portfolio
Interest
Rate
Type Amount Maturity
Date
Local Agency
Investment Fund

0.75% GovernmentState Pool $8,965,075 n/a
FISCAL IMPACT:

None.

ATTACHMENTS:

1. Resolution No. 2022-64, includes Exhibit A “Investment Policy” Lorena Zarate
RESOLUTION NO. 2022-64

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

ACKNOWLEDGING THE RECEIPT OF AND ORDERING THE FILING OF THE ANNUAL STATEMENT OF THE INVESTMENT POLICY FOR FISCAL YEAR 2022-2023 WITH THE CITY COUNCIL WHEREAS, Section 53646(a)(2) of the California Government Code states that an annual Statement of Investment Policy may be filed by local agencies; and WHEREAS, the Finance Director of the City of Guadalupe declares the annual Statement of Investment Policy to be set forth in Exhibit “A” attached hereto; and WHEREAS, all legal prerequisites have occurred prior to the adoption of this Resolution.

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

SECTION 1. The City Council hereby finds that the above recitations are true and correct and, accordingly, are incorporated as a material part of this Resolution.

SECTION 2. The annual Statement of Investment Policy for the City of Guadalupe has been prepared and filed by the City Finance Director and presented to the City Council for the Fiscal Year 2022-2023 in compliance with Section 53646(a)(2) of the California Government Code.

SECTION 3. The City Council delegates its authority under Government Code section 53600, et seq. to the City Treasurer for another one-year period pursuant to Government Code section 53607.

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

PASSED AND ADOPTED at a regular meeting on the 26th of July 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. 2022-64 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held July 26, 2022 and that same was approved and adopted.

ATTACHMENT 1
ATTEST:
_____________________________ ________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
_________________________________
Phillip F. Sinco, City Attorney
1 CITY OF GUADALUPE

STATEMENT OF INVESTMENT POLICY

1.0 POLICY
The purpose of this Investment Policy is to establish overall guidelines for the prudent management and investment of the City of Guadalupe’s public funds in accordance with Government Code 53600, et seq.

2.0 SCOPE
The Investment Policy applies to all financial assets of the City of Guadalupe which includes the General Fund, Special Revenue Funds, Capital Project Funds and Enterprise Funds. This Investment Policy also applies to the Successor Agency Funds since the City of Guadalupe has opted to serve as Successor Agency to the Redevelopment Agency of the City of Guadalupe.

3.0 PRUDENCE
All investments and evaluation of such investments shall be made with the Prudent Investor Standard as set forth by California Government Code, Section 53600.3, 53646 and 27000 and is defined as;
Prudent Investor Standard: Acting with care, skill, prudence and diligence under the circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the professional management of their business affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.

4.0 OBJECTIVE
The primary objectives in order of priority of the City Portfolio are:

4.1 Safety: Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital. To attain this objective, the City of Guadalupe will diversify its investments.

4.2 Liquidity: The City of Guadalupe’s investment portfolio will remain sufficiently liquid to enable the City of Guadalupe to meet all operating requirements which might be reasonably anticipated.

4.3 Return on Investment: The Portfolio is also managed to maximize its overall market return with consideration of the safety and liquidity discussed above.

EXHIBIT A

5.0 DELEGATION OF AUTHORITY
Authority to manage the City of Guadalupe’s investment program is derived from Section 41001 and 41006 of the California Government Code. Management responsibility for the investment program is hereby delegated to the City Treasurer and Finance Director who shall establish procedures for the investment programs, which are consistent with the Investment Policy. Authorization for investment decisions is limited to the City Treasurer and the Finance Director with the approval of City Council.

6.0 ETHICS AND CONFLICTS OF INTEREST
All officers and employees involved in the investment process shall not engage in any personal business activity, which could conflict with proper execution of investments subject to this Policy. Any material financial interests in financial institutions which do business with the City should be disclosed to City Council. All individuals involved in the investment process are required to report all income, assets, investments, gifts and loans on form 700 - Statement of Economic Interests.

7.0 REPORTING
As a best practice and sound financial management practice, the City Treasurer and the Finance Director will submit a monthly investment report to the Legislative Body pursuant to Government Code 53647.

8.0 AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS
A. Current short and long-term depositaries utilized:

8.1 Local Agency Investment Fund: The Local Agency Investment Fund, or “LAIF” as it is conveniently known, is a pooled investment fund operated by the State of California. The fund is backed by the full faith and credit of the State, and the rate of return on investments compares favorably with that of bank savings accounts and certificates of deposit. Transfers in and out of the City account at the LAIF require 24 hours, must be in multiples of $1,000 and a $5,000 minimum.

The City account is used mostly for deposits and withdrawals in the $100,000 range; interest is posted only quarterly. This is the preferred venue for Guadalupe monies.

8.2 Commercial Banks (Mechanics Bank): The City maintains its general checking accounts (warrant and payroll accounts) at Mechanics Bank, Guadalupe Office, as well as a USDA/Rus-Hwy One Water/Sewer Pipeline account, Government Code Section 53630 and Section 16000, et seq., of the California Code of 3 Regulations place very strict requirements on commercial banks that accept public deposits.

Each bank is required to maintain an amount of performing securities well exceeding the total deposits by local agencies, and such securities must be held in a pool controlled by the State of California.

It is contemplated that other commercial banks will be utilized as depositories for funds of the City of Guadalupe or of the City of Guadalupe Successor Agency. Before any deposits are made in such banks, a written contract or agreement will be executed, substantially in accord with the requirements of Government Code Section 53630, et seq., between the depositary and the City of Guadalupe. As of the date of this report, the foregoing are the only investment categories utilized by the City of Guadalupe and by the City of Guadalupe Successor Agency.

9.0 PERMITTED INVESTMENTS
• Securities of the United States Government, or its agencies • Certificate of Deposit (or time deposits) placed with commercial banks and/or savings and loan companies
• Negotiable Certificates of Deposit
• Commercial Paper
• Money Market Funds rated “AAAm” or “AAAm-G” or better by Standard & Poor’s Corporation
• Local Agency Investment Fund (State Pool) Demand and Deposits • Repurchase Agreements (Repos)

10.0 LIMIT ON TERM TO MATURITY
The City Treasurer and Finance Director are not to invest any City monies in investments allowed under this policy that have a term remaining to maturity in excess of five years from the date of investment, unless the City Council has granted express authority to make such an investment. The City’s Investment Policy shall be structured to provide that sufficient funds from investments are available to meet City’s anticipated cash needs.

11.0 ANNUAL REVIEW
This Statement of Investment Policy is to be submitted to the City Council annually for review and approval. It is to continue to serve as the basis for the responsibilities and actions taken by the City Treasurer and Finance Director relative to the investment of the City’s idle funds.

Agenda Item No. 6G

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of July 26, 2026

_______________________________ _________________________________ Prepared by: Approved by:

Lorena Zarate, Finance Director Todd Bodem, City Administrator SUBJECT: Fiscal Year 2022-23 Appropriations Limit
RECOMMENDATION:

That the City Council adopt Resolution No. 2022-65 establishing the appropriations limit from tax proceeds for Fiscal Year 2022-23.

BACKGROUND:

Per Article XIII B of the California Constitution, the City is required to calculate annually the expenditure appropriations limit from tax proceeds to determine compliance with Propositions 4 (Gann Initiative) and 111 (Spending Limitations Act of 1990). This calculation is based on the previous year’s appropriations limit of $3,403,929.48 multiplied by the growth factor in the California Per Capita Personal Income percentage increase (1.0755) and multiplied again by the population percentage change for Guadalupe (0.9910) for an adjustment per factor of 1.0658. This calculation is demonstrated on Exhibit 1 to Resolution No. 2022-65. The California Department of Finance provides both the population change and the per capita personal income change in May of each year, see Attachment 2.

DISCUSSION:

The City is responsible for dividing citywide revenues between appropriations subject to the Gann Limit (tax revenue) and non-tax revenue and then comparing the appropriations subject to the Gann Limit to the cumulative appropriation limit. For Fiscal Year 2022-23, the cumulative appropriation limit has been determined to be $3,627,977.82.

During any fiscal year, a government entity may not appropriate any proceeds of taxes received in excess of the appropriations limit. The estimated tax-based revenues for Fiscal Year 2022-23 have been calculated to be $3,613,967, per the approved FY22-23 budget, which is approximately $14,010.82 less than the appropriations limit. Therefore, the City is in compliance with Article XIIIB of the California Constitution. If the City Council adopts the resolution to establish the appropriation limit for Fiscal Year 2020-21, the City will be in compliance with Propositions 4 and 111.

FISCAL IMPACT:

None for FY2023.

Lorena Zarate

ATTACHMENTS:

1. Resolution No. 2022-65

2. Department of Finance Price and Population Information Letter RESOLUTION NO. 2022-65

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA, ESTABLISHING THE CITY’S APPROPRIATIONS LIMIT FOR FISCAL YEAR 2022-23 WHEREAS, Sections 7900 et seq. of the Government Code provide for the effective and efficient implementation of Article XIII B of the California Constitution; and WHEREAS, Government Code Sections 7910 requires each local government to establish its appropriations limit each year pursuant to Article XIII B of the California Constitution; and WHEREAS, in 1990, the voters of California adopted Proposition 111 which amended Article XIII B of the California Constitution; and
WHEREAS, among the changes implemented by Proposition 111 are adjustments to the growth factors used to calculate the annual appropriations limit; and WHEREAS, Proposition 111 establishes Fiscal Year 1986-87 as the base year for calculating the annual appropriations limit and permits the City to re-establish the annual appropriations limit for all succeeding years based upon the new growth factors; and WHEREAS, a resolution establishing the annual appropriations limit is to be adopted at a regularly scheduled meeting of the City Council.

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

1. The Council of the City of Guadalupe elects to use the change in California per capita income as the cost-of-living adjustment factor and the annual population change for the City of Guadalupe as the population adjustment factor.

2. The appropriations limit for the fiscal year 2022-23 is hereby set at $3,627,977.82 as detailed in Exhibit 1, attached hereto, which is hereby made part of this resolution.

3. The City reserves the right to adjust or amend the appropriations limit based upon the use of alternative growth factors as authorized by Proposition 111 if such changes or revisions would result in a more advantageous appropriation limit, now or in the future.

4. Notice is hereby given that any judicial action or proceeding to attach, review, set aside, void or annul this action shall be commenced within 45 days of the effective date of this resolution.

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

PASSED AND ADOPTED at a regular meeting on the 26th of July 2022 by the following vote:

ATTACHMENT 1
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. 2022-65 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held July 26, 2022 and that same was approved and adopted.

ATTEST:
_____________________________ ________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
_________________________________
Phillip F. Sinco, City Attorney
EXHIBIT 1
3130 Sales And Use Taxes $ 549,435.00
3136 Local Sales Tax add‐on $ 691,731.00
3140 Real Property Transfer Tax $ 30,000.00
3145 Tax Increments $ 1,620,801.00
3150 Utility User Tax $ 450,000.00
3210 Business License $ 272,000.00
3410 Motor Vehicle In Lieu Tax $ ‐
Total Appropriations subject to the Limit $ 3,613,967.00 Prior Year (FY 2022) Gann Limit Revised $ 3,403,929.48
A. California per Capita adj 1.0755
B. Guadalupe City Population adj 0.9910
Change Factor (A*B) 1.0658
Adjustment Factor 1.0658
Gann Limit for FY 2023 $ 3,627,977.82
Projected Appropriations are below the limit by: $ 14,010.82 *Source: FY 2022‐23 Adopted Budget
FY2023 TAX APPROPRIATIONS SUBJECT TO THE GANN LIMIT
Appropriations Subject to the Gann Limit*
Calculation of the Gann Appropriations Limit
N:\GANN\FY2023\22‐23 Appropriation Limit.xlsx
7/15/2022












  !"#$%&'()$#*+$%,(+-.',/ 0+%),-1-2,(3+%),- 4//(,/()+%),-56)3)% 7



8

9

7


:;








 






 










<
 =





 









>
?@@

 

=


A









@



@





 





BCDEEFGHIJKEDLMNOPQJREHJGHFKSJPKTFUPVNMKPFWRLJMGFLPEFLJMRNKFU








X









 


 
BC





Y
Z







 





 
Y
7





  











9



 
 







X








 ',/ 0+%),-'#($#-%[\+-]#2,(/#$)+0^)5%()$%5 _



`









7



8

 9

7


a








 







 Y
bcccZ@

de7f

7



7











 








9



7



7





 `


A

A`
 _


;
`A










 





Y
;







;


`





@

 

@
A

g
 

A
 





 ',/ 0+%),-[#(%)2)$+%),- 9

















7



8

 9

7


??hi












 JREPIFEJEHFEJjGJJQREHJGkMMJKEGJMEPVPJQLNLkUFEPNKlPEHEHJmEFEJTNKEMNUUJMWRnVVPGJo*)-+-$# p)00$#(%)2q%\#\)]\#(#5%)3+%#%,%\#%+%#[,-%(,00#(!qr -#stuvuu '0#+5#w,%#9MPNMxJFMWRGPExLNLkUFEPNKJREPIFEJRIFxyJMJOPRJQo9 






`




 c


;

 


@




8z

 ed?ifCCB{ai |<<}~Y89cgZ
_}<8



Z <8c|Y}c
7





 Y

ATTACHMENT 2





 


 !"#$#%&'$("$$!)(* !#$$$+ &"# $ #$(+,-#)$$!"*$)((*,$'-." $$!)(*!#$ $)''" # # $(#($+ !" (#*
"#(*( # # $(#($+'/" (#*"#(*$, &'((*"!#-#0100203# $ #$(+ 45# #4$(#
($+
6#7#4(#*"#(*
8679$) $-#
0100203:;;

6$$<(*#(=#+ &(*#+  $ &#$("#(*#('""#(*( 5#!$(# # # $(#($+#*$<"!#$($+ &(*#0100203 # $ #$(+
>?@
45# #5$$!A)(*5"#(*B:;; (
4$ &#$(5"#(*B2131 (
45# #5$$!A)(*$()'$##$:;;CD11BD1:;; D11
4$ &#$($()'$##$2131CD11B1EE:
D11
5#&#$($!!#$!$670100203D1:;;=1EE:BD1:03  







 
!
"#$"
"%
&'()*+*(&'()*+**,- 
)&'()*+**

'

'



*+*(.*+**
... 
!
"#$"
"...
(.(.*((.(.**
-
 

(.(.*+**
/012
3

24 150
6
701

85 1
84947 
:5;75
/012
3

/01<

/5=0>
?005
75 1 9

@AB

@
C

@BD

@C


@BB

@BE

@CA

@AF
FFD
AGBHA
BG
ED
GBA
HGE


FBGCEE
HHGFDC
BB
GCEC
AGHAH
B
GHEB
AG
AA
B
GCE

GACB
HGAFF
FBG
DC
HEGADB
B
CGCB

AGD
C
BEGDBB
AG
AA
B
GCE

GACB
HGAFF
FGHFA
HEGACB
B
CGCB

AGD
C
BCGCAE
65401IJ51
@BFFHGA

FCGBFFAGBEF
KLM450049 
9 0150N 9
;1
I0115009>
547O4
1 
9 01011 ; 01
0114150G11 09N 9
5

150011415009= 1
0P5; @
 



 





!"#!

!$
%&'()*)'
%&'()*))

&

)*)'+))
+++



'+'+)'

!"#!

!+++
'+'+))
,-. /0
1-0
20 3 4
506-37803

9 :

9 ;

<=:><

<

?<
=;

<=::<=
<

<>;
,-
-0
1-0
20 3 4
506-37803

9=@

9=@
;:@<
>@
;:@<
>@
;:
<>
@
;:
<>
@
,-A0B6-
1-0
20 3 4
506-37803

9>@
::
?C@<
=:
==;<
=

?

<@
=
=;C<?;;
,-D6EF20
1-0
20 3 4
506-37803

9@:

;
C>@<

>

=><?=C
C>=<=CC

=?<:C
,-G3 0
1-0
20 3 4
506-37803

9@C

9@

?;@<=?
=>C<:?:
?;<
@
=::<>>

,-3H
F

1-0
20 3 4
506-37803

C9=


C:

=<??C
:;<>




<:


:@<C
,-35

1-0
20 3 4
506-37803

9?@

9?@
C<;

<;@:
C<@
?<;=@
C<;C
<
?
C<;@<==

,-35
6I
1-0
20 3 4
506-37803
9
=

C
<
?


??<>CC
C?<>;=

??<>


,J3
1-0
20 3 4
506-37803

9@>

9;

CC><
:C
C;C<;=
CC:<C>C
C;
<:=
KLM60--64 
4 -30-N 4
O3
7-330--4/
062B6
3 
4 -3-33 O -3
-33630-<33 -4N 4
0

30--33630--4P 3
-J0O 9

Agenda Item No. 6H

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of July 26, 2022
_______________________________ _________________________________ Prepared by: Approved by:

Shannon Sweeney Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: Adoption of a resolution authorizing the City to enter into an agreement with Pacific Coast Land Design, Inc. (PCLD) in the amount of $611,687.00 for preparation of plans and specifications and engineer’s estimate for Central Park renovation.

RECOMMENDATION:

That the City Council adopt a resolution authorizing the City to enter into an agreement with PCLD in the amount of $611,687.00 for preparation of plans and specifications, and engineer’s estimate for Central Park renovation, authorizing the Mayor to sign the agreement on behalf of the City, and granting the City Administrator authority to pay up to 15% above the original proposal amount.

BACKGROUND:

On behalf of the City, Los Amigos de Guadalupe (LADG) applied to the California State Parks for a grant to renovate Central Park. On December 8, 2021, the City was awarded $4,887,084 for this project.

DISCUSSION:

Los Amigos de Guadalupe, on behalf of the City, announced a Request for Qualifications on March 15, 2022, for design services for the Central Park renovation. Five proposals were received by the deadline of April 8, 2022. The proposals were reviewed by a team of three people, including the Public Works Director, the Recreation Services Manager, and a member of the LADG staff. After meeting to discuss the scoring results, the team decided to move forward with negotiating a refined scope of work and project schedule with the highest scoring consultant, Pacific Coast Land Design. The Public Works Director began that negotiation on June 20, 2022. On July 7, 2022, the consultant submitted a refined cost proposal of $611,687.00.

At its July 13 meeting, the Recreation and Parks Committee recommended proceeding with this action.

FINANCIAL IMPACT:

The grant application cost estimate allows for preconstruction costs up to $855,386.52. Few additional preconstruction costs are expected for this project, as no land purchase or environmental documentation is necessary. The FY 22 – 23 budget includes the full grant amount for this project. Even Shannon Sweeney

if full approved contingency is exercised, total price of $703,440.05 is below the allowed preconstruction costs of the grant.

ATTACHMENTS:

1. Resolution No. 2022-66 approving an agreement with PCLD for Central Park renovation design services.

2. Agreement with PCLD

RESOLUTION NO. 2022-66

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE APPROVING AN AGREEMENT WITH PACIFIC COAST LAND DESIGN INC. FOR CENTRAL PARK

RENOVATION DESIGN SERVICES
WHEREAS, on December 8, the City was awarded $4,887,084.00 from the California State Parks program for the renovation of Central Park, and
WHEREAS, the City announced a Request for Qualifications for design services for the renovation of Central Park on March 15, 2022, and received five proposals by the deadline of April 8, 2022; and WHEREAS, Pacific Coast Land Design, Inc. provided the strongest proposal based on review from a team consisting of the Public Works Director, Recreation Services Manager, and a staff member of Los Amigos de Guadalupe.

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

SECTION 1. The City Council of the City of Guadalupe approves entering into an agreement consistent with the City’s standard agreement with Pacific Coast Land Design, Inc. in the amount of $611,687.00 for Central Park renovation design services, authorizes the Mayor to sign the agreement on behalf of the City, and grants the City Administrator the ability to approve payments up to 15% beyond the original cost proposal.

SECTION 2. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.

PASSED, APPROVED AND ADOPTED at a regular meeting on the 26th day of July 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. 2022-66, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held July 26, 2022, and that same was approved and adopted.

ATTACHMENT 1

ATTEST:
______________________________ ____________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
______________________________
Philip F. Sinco, City Attorney
City Atty Rev 8/21 1

AGREEMENT FOR CONSULTANT SERVICES

BETWEEN

THE CITY OF GUADALUPE
AND
PACIFIC COAST LAND DESIGN, INC.

THIS AGREEMENT FOR CONSULTANT SERVICES (the "Agreement") is made and entered into this 26 day of July, 2022, by and between the CITY OF GUADALUPE, a municipal corporation ("City") and Pacific Coast Land Design, Inc. a California corporation ("Consultant").

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

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

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

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

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

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

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

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

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

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

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

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

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

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

City Atty Rev 8/21
4 Section 9. Standard of Performance. Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement.

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

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

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

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

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

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

Section 14. Confidential Information; Release of Information. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Administrator, except as may be required by law.
(b) Consultant, its officers, employees, agents or subconsultants, shall not, without prior written authorization from the City Administrator or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories or other information concerning the work performed under this Agreement. A response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subconsultant of Consultant, provides any information or work product in violation of this section, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or sub consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or MLZ
City Atty Rev 8/21
6 other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant.

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

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

City Atty Rev 8/21
7 Section 16. Insurance. Consultant agrees to obtain and maintain in full force and effect during the term of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work provided by Consultant, its agents, representatives, or employees in performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-:VII. All insurance policies shall be subject to approval by City as to form and content.

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

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

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

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

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

B. Minimum Limits of Insurance: Consultant shall maintain limits of insurance no less than:

City Atty Rev 8/21
8 (1) General Liability Insurance: Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. This insurance and any umbrella or excess liability insurance shall be maintained for a minimum of three years or as long as there is a statutory exposure to completed operations claims, with the City and its officers, officials, employees, and agents continued as additional insured.
(2) Automobile Liability: Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (3) Workers' Compensation and Employer's Liability: Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Consultant’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Consultant shall require each subConsultant to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subConsultant’s employees. Consultant shall submit to City. (4) Errors and Omissions Liability: $1,000,000 per claim as appropriate for the profession.
(5) Umbrella or excess liability insurance (if needed): Consultant shall obtain and maintain an umbrella or excess liability insurance that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability.

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

C. Other Provisions: Insurance policies required by this Agreement shall contain the following provisions:
(1) Notice of Cancellation: Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or other party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested has been given to City. (2) Primary/noncontributing: Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(3) City’s Rights of Enforcement: In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(4) Waiver of Subrogation: All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers.

City Atty Rev 8/21
10 (5) Enforcement of Contract Provisions (non estoppel): Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(6) Requirements not Limiting: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (7) Prohibition of Undisclosed Coverage Limitations: None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (8) Separation of Insureds: A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (9) Pass through Clause: Consultant agrees to ensure that its subconsultants, subconsultants, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subconsultants, and others engaged in the project will be submitted to City for review. (10) City’s Right to Revise Requirements: The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant a ninety (90) day advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(11) Self-insured Retentions: Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.

City Atty Rev 8/21
11 (12) Timely Notice of Claims: Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(13) Additional Insurance: Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

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

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

Section 19. Termination of Agreement.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days' written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement at any time upon thirty (30) days' written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant or City may terminate this Agreement immediately upon written notice.

City Atty Rev 8/21
12 (d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant's possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 4 of this Agreement.

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

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

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

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

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

To City: City Administrator
City of Guadalupe
918 Obispo Street
Guadalupe, CA 93434
To Consultant: Pacific Coast Land Design, Inc.
461 East Main Street
Ventura, CA 93001
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

City Atty Rev 8/21
13 Section 24. Authority to Execute. The person or persons executing this Agreement on behalf of the Consultant represents and warrants that they have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.

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

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

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

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

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

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

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

Section 31. Severability. If a term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or City Atty Rev 8/21 14
unenforceable, the remaining provisions of this Agreement shall not be affected thereby, and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

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

CITY: Consultant:

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

By:_________________________________
__________________________________ Title:_______________________________ Phillip Sinco, City Attorney
Mike Zielsdorf, Principal/CEO
Karen Anctil, CFO

EXHIBIT A

Task ID Task Name Duration Start Finish
Proposal and Design Conultant Selection 110 days 3/15/22 8/15/22 RFQ Announced 1 day 3/15/22 3/15/22 Submission of Proposal 1 day 4/8/22 4/8/22
Select Winning Submission 1 day 4/15/22 4/15/22 Negotiated Council Approval 1 day 7/26/22 7/26/22 Notice to Proceed Completion of Work 1 day 8/15/22 8/15/22 Tasks 1-6 PS&E and Community Engagement 505 days 8/12/22 8/1/24 Task 1 Project Management 300 days 8/17/22 10/17/23
Task 2 Preliminary Investigations 21 days 8/16/22 9/13/22

2.1 Investigations and Reports 20 days 8/17/22 9/13/22

2.2 Meetings 12 days 8/16/22 8/31/22

2.2.1 Project Kick-off with City Project Team 1 day 8/16/22 8/16/22

2.2.2 Key City and Project Stakeholder Meetings/Interviews (Assume 3) 10 days 8/17/22 8/30/22

2.2.3 Initial Project Budgeting Meeting 1 day 8/31/22 8/31/22 Task 3 Conceptual Design 70 days 8/12/22 11/17/22

3.1 Prepare Design Studies 35 days 8/17/22 10/4/22

3.2 Final Conceptual (Schematic) Design 30 days 9/14/22 10/25/22 City Review of Final Conceptual Design 10 days 10/27/22 11/9/22

3.3 Community Engagement Plan 70 days 8/12/22 11/17/22

3.4 Stakeholder/Community Meetings and Presentations 32 days 10/5/22 11/17/22

3.4.1 Conduct Public Skatepark and Project Amenities Outreach Workshop 1 day 10/5/22 10/5/22

3.4.2 Present Final Concept Design to Recreation and Parks Commission Meeting1 day 11/17/22 11/17/22 3.5 Project Review Meetings 1 day 10/26/22 10/26/22

3.5.1 Final Conceptual Design Review Meeting with City Staff and Los Amigos de Guadalupe1 day 10/26/22 10/26/22 3/15/22
4/8/22
4/15/22
7/26/22
8/15/22
8/16/22
8/31/22
Los Amigos de Guadalupe,City of Guadalupe
10/5/22
11/17/22
10/26/22

F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S lf 1, 2022 Half 2, 2022 Half 1, 2023 Half 2, 2023 Half 1, 2024 Half 2, 2024 Half 1, 2025 Half 2, 2025 Aug '22 Sep '22 Oct '22 Nov '22 Dec '22 Jan '23 Feb '23 Mar '23 Apr '23 May '23 Jun '23 Jul '23 Aug '23 Sep '23 Oct '23 Nov '23 Dec '23 Jan '24 Feb '24 Mar '24 Apr '24 May '24 Jun '24 Jul '24 Aug '24 Sep '24 Oct '24 Nov '24 Dec '24 Jan '25 Feb '25 Mar '25 Apr '25 May '25 Jun '25 Conceptual Design 8/12/22 - 11/17/22 Design Development 11/18/22 - 3/28/23 Final PS&E 3/29/23 - 11/15/23 Construction Support 12/15/23 - 8/1/24 Prelimi nary
Investig
ations 8/16/

Bid Support Bid Period
Bid Negoti ation Construction 90-Day Maintenance Period City Review of 100% Design Develop ment (30% C

2/22/2

City Review of 75% Construction Documents 5/12/23 - 6/

SPP Grant Closeout City Review of 50% Design Developme
nt 12/20/22

City
Review of 100% Constru ction Docum
ents 7/31/

Notice to Proceed Completion of Work
8/15/22 Announcement to Bidders 9/18/23 City Council Bid Award 11/14/23

END OF SPP GRANT PERFORMANCE PERIOD
6/30/25 Present Final Concept Design to Recreation and Parks Commission Meeting Presentation of 50% Design Development to Recreation and Park Commission Final Presentation of 100% Design Development to City Council Presentation 3/28/23
Task ID Task Name Duration Start Finish
Task 4 Design Development 88 days 11/18/22 3/28/23

4.1 50% Design Development 20 days 11/21/22 12/16/22 City Review of 50% Design Development 20 days 12/20/22 1/23/23

4.2 100% Design Development (30% Construction Documents) 20 days 1/24/23 2/20/23 City Review of 100% Design Development (30% Construction Documents) 20 days 2/22/23 3/21/23

4.3 Stakeholder Meetings and Presentations 70 days 12/14/22 3/28/23 Written Translation Services (Design Development) - Provide multi-lingual support for written and digital materials 70 days 12/14/22 3/28/23

4.3.1 Presentation of 50% Design Development to Recreation and Park Commission1 day 1/31/23 1/31/23

4.3.2 Final Presentation of 100% Design Development to City Council Presentation2 hrs 3/28/23 3/28/23 4.4 Project Review Meetings 63 days 11/18/22 2/21/23

4.4.1 Design Development Initiation Workshop with City Staff and Los Amigos de Guadalupe1 day 11/18/22 11/18/22

4.4.2 50% Design Development Review with City Staff and Los Amigos de Guadalupe1 day 12/19/22 12/19/22

4.4.3 100% Design Development Review with City Staff and Los Amigos de Guadalupe1 day 2/21/23 2/21/23 Task 5 Final PS&E 166 days 3/29/23 11/15/23

5.1 75% Construction Documents 30 days 3/30/23 5/10/23 City Review of 75% Construction Documents 6 wks 5/12/23 6/22/23

5.2 Final 100% PS&E Documentation (Bid Set) 61 days 6/23/23 9/15/23

5.2.1 100% Construction Document Plans 25 days 6/23/23 7/27/23 City Review of 100% Construction Documents 4 wks 7/31/23 8/25/23

5.2.5 Issue Final PS&E for Bid (following 100% review) 15 days 8/28/23 9/15/23 5.3 Meetings 88 days 3/29/23 7/28/23

5.3.1 Construction Document Initiation Workshop with City Project Team 1 day 3/29/23 3/29/23

5.3.2 75% Construction Document Review with City Staff and Los Amigos de Guadalupe1 day 5/11/23 5/11/23

5.3.3 100% Construction Document Review with City Staff and Los Amigos de Guadalupe1 day 7/28/23 7/28/23 5.4 Bid Support 30 days 9/19/23 10/30/23

5.4.4 Attend Prebid Meeting 1 day 9/18/23 9/18/23

5.4.5 Attend Preconstruction Meeting 1 day 11/15/23 11/15/23 Bid and Construction 42 days 9/18/23 11/14/23 City Bidding 42 days 9/18/23 11/14/23 Announcement to Bidders 1 day 9/18/23 9/18/23 Bid Period 1 mon 9/19/23 10/16/23 Bid Negotiation 4 wks 10/17/23 11/13/23 City Council Bid Award 4 hrs 11/14/23 11/14/23 Task 6 Construction Support 180 days 11/17/23 8/1/24 Construction 245 days 11/16/23 10/30/24 Construction 180 days 11/16/23 7/31/24 END OF CONSTRUCTION 1 day 8/1/24 8/1/24
90-Day Maintenance Period 90 days 8/1/24 10/29/24 GRAND OPENING 1 day 10/30/24 10/30/24 SPP Grant Closeout 60 days 4/8/25 6/30/25
END OF SPP GRANT PERFORMANCE PERIOD 1 day 6/30/25 6/30/25 Los Amigos de Guadalupe,City of Guadalupe
Los Amigos de Guadalupe,City of Guadalupe
1/31/23
3/28/23
11/18/22
12/19/22
2/21/23
Los Amigos de Guadalupe,City of Guadalupe
Los Amigos de Guadalupe,City of Guadalupe
3/29/23
5/11/23
7/28/23
9/18/23
11/15/23
9/18/23
Los Amigos de Guadalupe,City of Guadalupe
Los Amigos de Guadalupe,City of Guadalupe
11/14/23
8/1/24
10/30/24
6/30/25

F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A S lf 1, 2022 Half 2, 2022 Half 1, 2023 Half 2, 2023 Half 1, 2024 Half 2, 2024 Half 1, 2025 Half 2, 2025

Consultant
Principal Landscape
Architect
Landscape
Designer
Principal
Engineer
Senior
Engineer II
Associate
Engineer
Designer Principal
Surveyor
Two-Man
Survey Crew
Principal Landscape
Architect
Structural
Engineer
Project
Manager
Principal
Designer
Draftsperson
Principal
Engineer
Electrical
Engineer
Electrical
Designer
Draftsperson
Principal
Structural
Engineer
Senior
Structural
Engineer
Senior
Project
Engineer
Project
Engineer
Staff Engineer Production
(CAD)
Operator
Interpreter
Consulting
Arborist
Principal
Associate
Professional
Project
Professional
Staff
Professional
Technical
Assistant
Technician
(PW)
Laboratory
Technician
CamCASp
(CASp)
Earth Systems
(Geotech)
SSG
(Structural)
Bill Spiewak
(Arborist)
Pacific Coast Land Design
(Prime + Landscape)
ECG
(Civil)
Hourly Billing Rates by Staff Level
Voices
(Translation + Interpretation)
SITE
(Skatepark)
ANE
(Electrical)
Written Translation

Agenda Item No. 6I

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of July 26, 2022

_______________________________ _________________________________ Prepared by: Approved by:

Shannon Sweeney Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: Electric Bus Procurement
RECOMMENDATION:

That City Council approve Resolution No. 2022-67 for the procurement of an electric bus.

BACKGROUND
In 2018, the California Air Resources Board (CARB) mandated that California transit bus fleets must be zero-emission by 2040. Starting in 2029, mass transit agencies in California will be required to purchase battery electric or fuel cell electric transit buses for their fleets.

Exhibit 5.5.2, Fleet Replacement Plan, of the 2020 Short Range Transit Plan, shows that the 2007 Gillig Low-Floor bus, unit 154, is due for replacement in Fiscal Year 22-23, at a cost of $515,000 for a standard diesel fueled vehicle.

DISCUSSION:

The City owns four transit buses. Electric transit vehicles cost more than $1 million each. Meeting the 2018 CARB mandate will be challenging. Electric transit vehicle funding opportunities through various programs made this replacement to an electric vehicle feasible at this time, and a way to start moving towards compliance with the mandate.

The Fiscal Year 22 – 23 Capital Improvement Projects list includes project 089 – 603, $1,700,000.00 for an electric bus and charger, which includes upgrades to provide secure bus parking within the City.

The manufacturer estimates 12-14 months for bus manufacture and delivery. During this time, City staff will work on design and construction of the charging station, which is currently planned for the Corporation yard at 303 Obispo St. $700,000.00 is available through the Affordable Housing and Sustainable Communities (AHSC) grant associated with the Escalante Meadows development specifically to fund the charging station.

Municipal Code 4.04.130 allows for cooperative purchases. The state of California competitive bidding process resulted in a contract with Proterra for the purchase of electric buses.

Shannon Sweeney

City staff worked with the manufacturer and the City’s contract transit operator to develop a specification list and quote for a bus suitable for City operations. Attachment 2 contains that quote.

Total cost for this electric bus is estimated at $1,073,408.79

FINANCIAL IMPACT
Funding for this purchase includes $537,224 through the Low Carbon Transit Operations Program (LCTOP), up to $250,000 through Central Coast Community Energy, and a voucher of $120,000 through the state’s Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project (HVIP). Attachments 3, 4, and 5 document verification of these funds.

The latest available cash balance report, for the period ending May 31, 2022, indicates a cash balance in the transit fund of$680,272.08 providing adequate funding to cover the balance of this vehicle.

Item Amount
LCTOP $537,224.00
3CE $250,000.00
HVIP $120,000.00
Total funding $907,224.00
Vehicle Cost $1,073,408.79
Difference $166,184.79
Transit Cash Balance Available $680,272.08
ATTACHMENTS:

1. Resolution No. 2022-67

2. Proterra quote

3. Santa Barbara County Association of Governments (SBCAG) LCTOP allocation staff report

4. 3CE Letter of Intent

5. Verification of HVIP funding

RESOLUTION NO. 2022-67

A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE

APPROVING THE PROCUREMENT OF AN ELECTRIC BUS THROUGH THE STATE PURCHASING

PROGRAM
WHEREAS, in 2018, the California Air Resources Board (CARB) mandated that California transit bus fleets must be zero-emission by 2040; and,
WHEREAS, Exhibit 5.5.2, Fleet Replacement Plan, of the 2020 Short Range Transit Plan, shows that the 2007 Gillig Low-Floor bus, unit 154, is due for replacement in Fiscal Year 22-23, at a cost of $515,000 for a standard diesel fueled vehicle; and,
WHEREAS, funding opportunities of $537,224.00 through the state’s Low Carbon Transit Operations Program, $120,000.00 through the state’s Hybrid and Zero-Emission Truck and Bus Voucher Incentive Program, and $250,000.00 through the Central Coast Community Energy, and the balance of a $1,073,408.79 vehicle through transit cash balance has made replacement of this bus to an electric vehicle feasible at this time, and a way to start moving towards compliance with the mandate; and, WHEREAS, the Fiscal Year 22– 23 Capital Improvement Projects list, item 089-603, includes $1,700,000.00 for purchase of an electric bus and charging station; and WHEREAS, Municipal Code 4.04.130 provides the ability to piggyback on other agency’s competitive bidding processes; and
WHEREAS, the state has competitively bid a contract with electric bus manufacturer Proterra; and WHEREAS, the City’s transit cash balance of $680,272.08 as of May 31, 2022, can easily accommodate the additional $166,184.79 in costs associated with bus procurement.

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

SECTION 1. That City Council approve the procurement of one electric bus through the state’s vehicle purchasing program, at a cost not to exceed $1,150,000.00.

SECTION 2. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.

PASSED, APPROVED AND ADOPTED at a regular meeting on the 26th day of July 2022 by the following vote:

ATTACHMENT 1

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. 2022-67, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held July 26, 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
Proterra Proprietary and Confidential
July 18, 2022
Shannon Sweeney
Director of Public Works
City of Guadalupe
918 Obispo St
Guadalupe, California 93434
Subject: Proterra Price Proposal for City of Guadalupe
Dear Ms. Sweeney:

Proterra Inc (“Proterra”) is pleased to provide this pricing proposal to the City of Guadalupe (“The City”). As the leading innovator in heavy-duty electric transportation, Proterra is excited about the opportunity to provide electric buses and charging equipment to The City.

Pricing Proposal
Included below is a pricing estimate for a 35’ ZX5+ bus, including an estimate of The City specific vehicle configurables. The base pricing is based upon the California Department of General Services State Contract 1-19-23-17C. The estimate for The City’s configurables is subject to adjustment once The City and Proterra review and finalize the vehicle configuration. More details about the 35’ Proterra ZX5 Battery Electric Buses (BEBs) can be found in Exhibit A.

Qty Length ZX5 Model Unit Price Total Price
1 35’ ZX5+ (450kWh) $855,282 $855,282
1 - Estimate for City of
Guadalupe
Configurables
$125,000 $125,000
1 - Estimated Taxes
(9.5%) and shipping
$93,127 $93,127
1 35’ Total ZX5+
Configured
$1,073,409 $1,073,409
Above pricing is a not to exceed quote. The pricing will remain valid for 30 days.

Base Vehicle
The base pricing offered herein for 35’ ZX5+ BEB includes the following components / systems:
• Passenger Seating: 29-passenger layout
ATTACHMENT 2
Proterra Proprietary and Confidential
• ADA Securements: Two (2) 3-point ADA securement systems • ADA Ramp: 1:4 Ricon
• Doors: Ventura System, Pneumatic
• Destination Signs: Hanover, Amber, Front, Curb Side, and Rear • Flooring: Altro Transflor Meta
• Tires: Michelin X InCity Energy Z LR L- 315/80R22.5
• Wheels: ALCOA – Clean Buffed Aluminum
• Operator’s Seat: Recaro Ergo Metro PN 8H0.01.591.VV11 • Plug-In Charge Port: Single, Curb-Side Rear SAE J1772 CCS Type 1 Charge Port • Passenger Windows: Flush Mounted, 50% LT, Grey, 2 Egress Windows • HVAC: Valeo R407 Refrigerant
• Driver Foot Controls: Non-Adjustable Pedals
• Exterior Finishing: Base Composite Gel-Coat, White
• Overhead Passenger Assists: 6 Grey Nylon Prima Grab Straps • Stop Request System: Pull Cord
• Roof Hatches: One (1), Opaque
Most of the above standard items can be swapped out with alternative selections subject to cost adjustments, up or down, as appropriate; e,g. Ventura electric doors in lieu of pneumatic doors, etc.

Customer Configurable Options
The following items are not included in the base price as they are highly customized items that often change with each order. Pricing for these items (if selected) will be determined when they are confirmed with Bryn Mawr. Note: This quote is based on the City of Arvin bus configuration. Alterations from that configuration may result in additional costs. • Farebox (if required)
• Video Surveillance System
• WiFi
• ITS System
• Customer Communication System
• Bike Rack
Warranty
The base pricing offered herein includes Proterra’s standard warranty terms which are included below for The City’s review.
• Complete Bus (Bumper to Bumper): 1 year / 50,000 miles • Energy Storage Systems: Battery Pack Material and Workmanship Warranty 6 Years / Unlimited Mileage; 80% or higher retention of initial Usable Energy* through year 6 / 133,333 kWh GDT per battery pack, whichever comes first Proterra Proprietary and Confidential
*as shown in The Proterra Diagnostic Tool as Battery State of Health (SOH)
• Main Composite Monocoque Structure (Body / Class 1 & 2 Failures): 12 years / 500,000 miles
• Structural Systems: 3 years / 150,000 miles
• Major Components: 2 years / 100,000 miles
o Propulsion System
o HV Power Electronics and HV Cooling
o Brake System
o Axles
o Destination Signs
o Door Systems
o Defroster
o Air Compressor
o Air Dryer
o ADA Ramp
o Passenger Seating
o Passenger Windows
o A/C Unit & Compressor
o Power Steering Unit
Training
The following training is included with the purchase of the buses:

• Operator Training
o 16 hours of operator training
o Utilizes a “train-the-trainer” approach to enable customers to provide as much training as required for their operators
o 50/50 split between classroom and seat-time for the operators • Bus Maintenance Training
o 32 hours of vehicle maintenance training.
o Classroom and hands-on training
• Bus Introduction Training
o 16 hours of general bus introduction training
o Meant for supervisors, managers, procurement
Proterra Proprietary and Confidential
If The City desires additional training, it can be purchased for an additional price.

Delivery
Not more than 365 days from mutual acceptance of final configuration and Notice to Proceed (NTP).

Summary
Proterra is the world’s premiere battery-electric transit vehicle provider and we’re eager to support The City of Guadalupe with this opportunity. If you would like any additional information, please do not hesitate to ask and we will be happy to provide it for you.

If you have any questions or concerns, please feel free to contact Mark Hollenbeck (503) 550-0626 or at [email protected].

Sincerely,
Devin Ikenberry
Sr. Bid Manager
Proterra Operating Company, Inc.

Cc: Mark Hollenbeck, Regional Sales Director
Proterra Proprietary and Confidential
Exhibit A – ZX5 Spec
Description ZX5 ZX5+
ZX5 VEHICLE WITH DUOPOWER™ DRIVETRAIN
Total Energy kWh 225 450
Operating Efficiency*
kWh/mile 1.5-2.0 1.6-2.3
MPGe 18.8-25.1 16.4-23.5
Operating Range* Miles 95-125 172-240
Top Speed (Proterra-governed) mph (per tire rating) 65 65 Acceleration
(at SLW, seconds)
0 to 20 mph 5.7 5.7
20 to 50 mph 18 12.4
Gradability
(top speed at % grade, at SLW, mph)
5% 51.5 65
10% 27.5 49.6
15% 22.4 27.7
Max Grade (at SLW) 32.1% 28.7%
Horsepower
Peak 338 550
Continuous 170 338
Motor Dual independent 205 kW motors • •
Gearbox Proterra 2-speed auto-shift EV gearbox • •
Curb Weight lbs 26,358 29,658
Max Gross Vehicle Weight Rating lbs 42,000 42,000
ZX5 VEHICLE WITH PRODRIVE 2.0 DRIVETRAIN
Total Energy kWh 225 450
Operating Efficiency*
kWh/mile 1.6-2.0 1.7-2.4
MPGe 18.8-23.5 15.7-22.2
Operating Range* Miles 94-124 164-227
Top Speed (Proterra-governed) mph (per tire rating) 65 65 Acceleration
(at SLW, seconds)
0 to 20 mph 6 6.2
20 to 50 mph 20.4 21.6
Gradability
(top speed at % grade, at SLW, mph)
5% 48.8 47.6
10% 29.9 29
15% 21.1 19.2
Max Grade (at SLW) 33.1% 29.5%
Horsepower
Peak 335 335
Continuous 170 240
Motor Single 240kW permanent magnet drive motor • •
Gearbox 4-speed EV transmission • •
Curb Weight lbs 26,558 29,858
Max Gross Vehicle Weight Rating lbs 42,000 42,000

CHARGING
Max Plug-in Charge Rate at 200A kW 147 147
Max Plug-in Charge Rate at 300A kW 184 221
Max Overhead Charge Rate kW 184 370
Overhead Charging
Miles replenished per 10 minutes ** 13 24
Est. time Empty to Full at 450 kW 3 hrs 3 hrs
Plug-in Charging
Est. time Empty to Full at 120 kW 3.1 hrs 4.3 hrs
Est. time Empty to Full at 180 kW 3 hrs 3.8 hrs
*Operating range and efficiencies approximated from simulations based on Altoona testing results at SLW, and will vary with route conditions, weather, vehicle configuration and driver behavior. ** ProDrive powertrain efficiencies | *** Charge time will vary depending on charger type. Estimated charge time empty to full as displayed on driver dashboard. 35 FOOT BUS

PLATFORM SPECIFICATIONS
Description

VEHICLE DIMENSIONS
Length 443"
Height 128"
Width (without mirrors) 102"
Width (with mirrors) 118.8"
Wheelbase 243"
Approach Angle 9.3°
Breakover Angle 7.8°
Departure Angle 9.3°
Turning Radius 432"

INTERIOR
Seating Capacity 29
Door Width Front 43.2", Rear 49.1"
Lighting LED interior lighting system
Handles Stainless-steel stanchion system
Stop Request ADA pull cord or touch tape stop request
Doors Senstive edges on both front and rear door
Wipers Electric wipers and washers
HVAC Overhead integrated system

EXTERIOR
Bus Body Carbon-fiber-reinforced composite material
Tires Standard: Michelin 315/80R22.5
Exterior Lights LED

BRAKES & SUSPENSION
Braking System Regenerative braking; front & rear air disk brakes Traction 4-wheel ABS with optional traction control
Suspension Multi-Link Air Ride rear suspension

ELECTRICAL SYSTEM
Battery System Integrated battery management system
Low Voltage Two, Group 31 700 CCA 12v batteries
Charge Ports J1772 CCS: One port standard at curb-side rear, 2nd port optional at street-side rear or curb-side front Overhead Charging Optional
Plug-in Charging Universal standard J1772-CCS
Overhead Charging Universal standard J3105
ADA
Two ADA locations, one on each side of the aisle directly behind the front wheel ADA securement system
Front ADA power wheelchair ramp (4:1, 6:1 slope)
Rear door modesty panels
Aisle width between front wheel wells: 35.7"

WARRANTY
Vehicle Complete Bus - 1 year or 50,000 miles
Extended warranties and service contracts available upon request Batteries Standard: 6 years | Extended: 12 years
SPEC_35_002A_2022_Q2
35 FOOT BUS

PLATFORM SPECIFICATIONS

SBCAG STAFF REPORT
SUBJECT: Low Carbon Transit Operations Program Allocations MEETING DATE: March 17, 2022 AGENDA ITEM: 4F
STAFF CONTACT: Sarkes Khachek and Maya Kulkarni
RECOMMENDATION:

1. Adopt Resolution 22-08 approving allocation requests for Fiscal Year 2021/22 Low Carbon Transit Operations program (LCTOP);

2. Approve and authorize the Executive Director, or designee, to execute documents and amendments required by Caltrans to secure LCTOP funds for use and distribution; and

3. Approve and authorize SBCAG staff to act as authorized agents in accordance with LCTOP guidelines.

DISCUSSION:

On February 18, 2022, Caltrans released the FY 21/22 eligibility list and funding amounts for the Low Carbon Transit Operations Program (LCTOP). LCTOP is a state transit funding program that provides regional agencies and public transit operators with annual funding derived from Cap-and-Trade auction proceeds. By statute, LCTOP is appropriated 5% of the proceeds of each Cap-and-Trade quarterly auction. (Health & Saf. Code § 39719.) Regarding funding distribution, 50% of funds are provided to Regional Transportation Planning Agencies (like SBCAG) by population and 50% are provided directly to transit operators based on farebox revenues.

For FY 21/22, $1,349,920 has been allocated to our region with $1,074,448 available based on population and $275,472 available to transit operators based on farebox. Applications (or allocation requests) for each eligible and approved project are due to Caltrans by March 25, 2022.

LCTOP was created to provide operating and capital assistance for transit agencies to reduce greenhouse gas emissions and improve mobility, with a priority to serve Disadvantaged Communities (DAC). If a disadvantaged community is identified in a region per the California Air Resources Board CalEnviroScreen tool, then 50% of funds must be used to provide improvements to those DACs. (Pub. Resources Code § 75230; Health & Saf. Code § 39711.) For FY 21/22, two DACs are identified in our region with one near Goleta and the second including City of Guadalupe – see more information below.

How are projects selected in our region?
SBCAG works with transit partners on an annual basis to identify eligible projects that can utilize the funding dependent upon how much funding is actually provided by the State. If a DAC is identified, then 50% of funds must go towards that community. Due to the uncertainty of receipts from quarterly Cap-and-Trade auctions, the figure provided to SBCAG and our transit partners is never set in stone and we typically are informed of available amounts with a short timeline to select projects and have them approved by the SBCAG Board.

ATTACHMENT 3
2 Accounting for Prior Commitments for FYs 19/20 and 20/21 with FY 21/22 funding As mentioned, the LCTOP population-based amount fluctuates annually based on cap-andtrade auction proceeds.

In FY 19/20, our region received $831,492 with $40,000 programmed for North County and the balance to the South Coast. Only $40,000 was programmed for North County due to the limited number of North County projects that could utilize the FY 19/20 funds. It was agreed that subsequent funds or FY 20/21 funds would be made available to North County after a deduction of $40,000 for the South Coast for Santa Barbara MTD. However, in FY 20/21, our LCTOP allocation was much lower than FY 19/20.

FY 20/21, our region was allocated $464,835 in population funding (or $366,657 less than FY 19/20). It was agreed upon by the transit partners that a true up or reconciliation would occur with FY 21/22 funding.

For FY 21/22, our amount came in higher and after accounting for the true up for North County, our region has a balance of $707,791 in new LCTOP funding to program countywide. Table 1 provides an overview of the programming commitments with funding for FYs 19/20 to 21/22.

Table 1: LCTOP Funding Commitments for FYs 19/20 to 21/22 FY
SBCAG
Population
Apportionment
Regional
Commitments Amount Remaining Allocations Amount
19/20 $831,492 $40k to North
County: SMRT $40,000 Balance for South Coast $791,492
20/21 $464,835 $40k to South
Coast: SBMTD $40,000 Balance for North County $424,835
21/22 $1,074,448 True Up for
North County $366,657
Balance for
New
Programming
Countywide
$707,791
On February 24, SBCAG staff convened a meeting with transit operator staff to discuss the available funding and prospective projects for FY 21/22 including addressing prior commitments, how to program new funding and programming requirements related to the two identified Disadvantaged Communities in our region.

The group came to consensus on the recommendation to program LCTOP funds first to the North County to account for the true up from the prior years at an amount of $366,657. SBCAG staff recommended that the remaining new funding be programmed utilizing the recently approved LCTOP methodology with 12% for Regional Projects, 45% to North County and 43% for South Coast (August 2021 Board Staff Report), which the group supported. Finally, the Disadvantaged Community requirement will be met by providing 50% of all the funding for our region in FY 21/22 to the City of Guadalupe for its electric bus replacement purchase. Table 2 provides an overview of the recommended projects.
3 Table 2: LCTOP Population Based Funding Recommendation for FY 21/22 North County Allocations
City of Guadalupe Electric Bus Replacement $537,224
City of Solvang Electric Infrastructure Project $147,939 South Coast Allocation
Santa Barbara Metropolitan Transit District (SBMTD): Purchase of One Forty Foot Electric Bus $304,350
Regional Allocation
SBCAG Transit Electrification Expansion Project $84,935 TOTAL: $1,074,448
*
As reflected in this Staff Report, the allocation requests must now be approved by the SBCAG Board on March 17 for submittal to Caltrans by March 25. After review and approval by the State, funds will be available in June 2022.

Farebox Based Funding
SBCAG is also a direct recipient of a farebox-based apportionment. SBCAG is receiving an allocation based on farebox revenue funds and staff proposes to utilize these funds on the Clean Air Express. (Pub. Utilities Code § 99314.)
Table 3: SBCAG LCTOP Revenue Based Funding Recommendation for FY 21/22 SBCAG Pub. Utilities Code § 99314 Funding
SBCAG: Transit Electrification Expansion Project $27,343 *
Disadvantaged-Community Benefits:

Revenues in the Greenhouse Gas Reduction Fund must by law result in benefits to disadvantaged communities, funding at least 50% of project expenditures on projects in disadvantaged communities when one exists within the regional transportation planning area that are in the top 75th percentile per CalEnviroScreen 4.0. (Pub. Resources Code § 75230.) Click here to access the tool (https://oehha.ca.gov/calenviroscreen/report/calenviroscreen-40) For FY 21/22, there are two disadvantaged communities in Santa Barbara County near Guadalupe and Goleta that meet the State’s criteria this year, so 50% of FY 21/22 LCTOP funds must be spent in those areas within Santa Barbara County. (Health & Saf. § 39711.) Goleta Disadvantaged Community in orange below – 77th percentile per CalEnviroScreen

4.0 4
Guadalupe DAC in red below – 81st percentile per CalEnviroScreen 4.0 As noted above, since 50% of LCTOP funds will be spent for City of Guadalupe, the requirement is being met.

The recommended actions are not a project under the California Environmental Quality Act (CEQA) pursuant to section 15378 of the CEQA Guidelines.

ATTACHMENTS:

A. Resolution 22-08: Authorizations for the Execution of Certifications and Assurances and Authorized Agent Forms for Cap-and-Trade LCTOP for the Following Projects:
• City of Guadalupe: Electric Bus Replacement
• City of Solvang: Santa Ynez Valley Transit Electric Infrastructure Project • SBCAG: Transit Electrification Expansion Project
• Santa Barbara MTD: Purchase of One Electric Forty Foot Bus Resolution Includes Exhibit A: Summary of Projects Recommended for LCTOP Programming
ATTACHMENT A:

RESOLUTION OF THE SANTA BARBARA

COUNTY ASSOCIATION OF GOVERNMENTS
AUTHORIZATIONS FOR THE EXECUTION OF ) RESOLUTION NO 22-08

CERTFICATIONS AND ASSURANCES AND )

AUTHORIZED AGENT FORMS FOR CAP AND TRADE )

LOW CARBON TRANSIT OPERATIONS PROGRAM )
FOR THE FOLLOWING PROJECTS: )
 City of Guadalupe Electric Bus Replacement: $537,224
 City of Solvang Electric Infrastructure Project: $147,939  Santa Barbara Metropolitan Transit District Purchase of One Forty Foot Electric Bus: $304,350
 Santa Barbara County Association of Governments Transit Electrification Expansion Project and Farebox: $84,935 (99313) and $27,343 (99314) WHEREAS, the Santa Barbara County Association of Governments has been designated as the Regional Transportation Planning Agency; and WHEREAS, the Santa Barbara County Association of Governments is an eligible project sponsor and may receive state funding from the Low Carbon Transit Operations Program (LCTOP) now or sometime in the future for transit projects; and WHEREAS, the statutes related to state-funded transit projects require a local or regional implementing agency to abide by various regulations; and WHEREAS, the California Department of Transportation (Department) has developed guidelines for the purpose of administering and distributing LCTOP funds to eligible project sponsors (local agencies); and
WHEREAS, the Santa Barbara County Association of Governments, as a transportation planning agency, is eligible for State Transit Assistance funds, per Public Utilities Code section 99313, is eligible for allocations from the Greenhouse Gas Reduction Fund for this program. The allocation share is determined by formula based on the ratio of the population of the area under its jurisdiction to the total population of the state; and
WHEREAS, the Santa Barbara County Association of Governments approves Fiscal Year 2021/22 LCTOP Public Utilities Code sections 99313 and 99314 funding to implement the LCTOP projects listed above; and
WHEREAS, Public Resources Code section 75230 identifies the Department as the administrative agency for the LCTOP; and
WHEREAS, the Santa Barbara County Association of Governments wishes to authorize agents to execute project documents on behalf of their agency; and RESOLUTION NO. 22-08, Page 2 of 3
WHEREAS, the Santa Barbara County Association of Governments wishes to delegate authorization to execute certifications and assurances and the authorized agent form and any amendments thereto to the Executive Director or designee.

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Santa Barbara County Association of Governments as the fund recipient agrees to comply with all conditions and requirements set forth in the Certification and Assurances, the Authorized Agent documents, and the applicable statutes, regulations and guidelines for all LCTOP funded transit projects.

NOW, THEREFORE, IT IS HEREBY RESOLVED THAT the Santa Barbara County Association of Governments hereby authorizes the submittal of the following project nominations and allocation requests (also described in Exhibit A) to the Department in FY 2021/22 LCTOP funds:
 City of Guadalupe Electric Bus Program: $537,224
The project will purchase an electric bus replacement for the Guadalupe transit service.

Benefit to a Priority Population: Disadvantaged Community Amount to benefit Priority Population: 50% of LCTOP 99313 funding Authorized agent is Shannon Sweeney
 City of Solvang Electric Infrastructure Project: $147,939 The project will purchase an electric bus replacement and charging infrastructure for Santa Ynez Valley Transit service.

Authorized agent is Rodger Olds
 Santa Barbara Metropolitan Transit District Purchase of One Forty Foot Electric Bus: $304,350
The project will purchase an electric bus for SBMTD services.

Authorized agent is Jerry Estrada
 Santa Barbara County Association of Governments Transit Electrification Expansion Project and Farebox: $84,935 (99313) and $27,343 (99314) The project will expand and enhance charging infrastructure at the SBCAG Regional Transit Facility.

Authorized agent is Marjie Kirn
IT IS FURTHER RESOLVED THAT the Executive Director or designee be authorized to execute all required documents, certifications and assurances, authorized agent form, and any amendments required by the California Department of Transportation to secure LCTOP funds for Santa Barbara County Association of Governments’ use or distribution.

PASSED AND ADOPTED this 17th day of March 2022 by the following vote:

AYES:

RESOLUTION NO. 22-08, Page 3 of 3
NOES:

ABSENT:

ABSTAIN:

ATTEST:

Marjie Kirn Das Williams, Chair
Executive Director Santa Barbara County
Association of Governments
Date:

APPROVED AS TO FORM:

Rachel Van Mullem
County Counsel
Deputy County Counsel
Exhibit A: LCTOP Programming Table FY 21/22.xlsx
June 24, 2022
Tony Pastore
Member Agency Services Manager
Shannon Sweeney
City of Guadalupe
918 Obispo Street
Guadalupe, CA 93434
Re: CCCE Member Agency Medium and Heavy Duty (MDHD) Vehicle Electrification Program
Dear Shannon,
Congratulations! Central Coast Community Energy (CCCE) has approved your application of March 25, 2022 for the Member Agency Medium and Heavy Duty (MDHD) Vehicle Electrification Program (Program). This Letter of Intent (LOI) is confirmation that, per your application request, the City of Guadalupe is assured up to $250,000 to reimburse the purchase of an all-electric Municipal Transit Bus. Please read the following instructions regarding next steps to receive your MDHD Vehicle Electrification Program Incentive.

1. Within 30 days of receiving this LOI, the Applicant is responsible to 1) submit a purchase order to the electric vehicle/equipment manufacturer identified in the application, and 2) share a copy of that purchase order with CCCE via email to [email protected]. or, 3) request an timeline extension.

2. When the manufacturer/dealer notifies the Applicant that the vehicle is ready for delivery, the Applicant will share a copy of that notice with CCCE via email to [email protected].

3. If, according to the manufacturer, the vehicle will not be delivered within nine (9) months from the date of the submitted purchase order, Applicant will notify CCCE Staff via email to [email protected].

4. After delivery of the vehicle, the Applicant shall provide CCCE Staff with proof of purchase and documentation that the equipment was received. (e.g., photo of vehicle/equipment and “paid” invoice) via email to [email protected].

ATTACHMENT 4

5. At the discretion of the Applicant, CCCE will issue payment to either the Applicant or to the manufacturer on behalf of the Applicant within 30 days of receiving all documentation that the vehicle/equipment has been received or has been made ready for immediate delivery.

6. Please note: Electric Vehicle Charging Equipment (EVCE) should be installed and actively enrolled in CCCE electricity service prior to receipt of CCCE’s incentive award.

7. CCCE reserves the right to request additional relevant information from the Applicant at any time.

8. By accepting CCCE’s MDHD EV Program incentive, the Applicant named above releases and discharges CCCE, its members, Directors, officers, employees, agents, or representatives from all claims, demands, and liabilities, including bodily injury claims arising out of or in connection with the Program.

Please contact CCCE Energy Programs Staff at [email protected].

Sincerely,
Tony Pastore, Member Agency Services Manager
Central Coast Community Energy
ATTACHMENT 5

Agenda Item No. 6J

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of July 26, 2022

_______________________________ _________________________________ Prepared by: Approved by:

Shannon Sweeney Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: City of Guadalupe Transit and Santa Barbara County Association of Governments (SBCAG) transit operator agreement
RECOMMENDATION:

That the City Council execute a Memorandum of Understanding with Santa Barbara County Association of governments (SP) to define the roles and responsibilities associated with transit planning and programming for the term of August 18, 2022 to August 31, 2027.

DISCUSSION:

Federal law (23 USC § 134 and 49 USC § 5303) requires metropolitan planning organizations (MPOs), such as SBCAG, to maintain an agreement with each transit operator within its region. City of Guadalupe Transit and SBCAG maintain an agreement approved in 1997. Approval of the attached memorandum of understanding (MOU) will replace the 1997 agreement. The MOU identifies roles and responsibilities related to transportation planning and programming. This new MOU incorporates new roles and responsibilities that have been included in the last two federal transportation bills, particularly as related to performance monitoring and reporting.

City of Guadalupe staff initiated the development of this new transit operator agreement.

The above recommended action is not a “Project” under the California Environmental Quality (CEQA) Act under CEQA Guidelines section 15378.

ATTACHMENTS:

1. City of Guadalupe Transit and SBCAG Transit Operator Agreement.

Shannon Sweeney
Guadalupe Transit & SBCAG MOU

MEMORANDUM OF UNDERSTANDING (MOU)

BETWEEN THE SANTA BARBARA COUNTY ASSOCIATION OF GOVERNMENTS

AND THE CITY OF GUADALUPE, IN ITS CAPACITY AS GUADALUPE TRANSIT

REGARDING PUBLIC TRANSIT PLANNING AND PROGRAMMING
This Memorandum of Understanding (MOU) is made by and between the Santa Barbara County Association of Governments (SBCAG) and the City of Guadalupe, in its capacity as Guadalupe Transit, referred to herein as OPERATOR, and, collectively referred to herein as AGENCIES.

WHEREAS, SBCAG has been designated by the Governor as the Metropolitan Planning Organization (MPO) for Santa Barbara County pursuant to 23 U.S. Code Section 134 and Title 23, Code of Federal Regulations (CFR) section 450.104, and is the Regional Transportation Planning Agency (RTPA) for Santa Barbara County recognized under California Government Code section 29532; and
WHEREAS 23 USC § 134 and 49 USC § 5303 require SBCAG as an MPO to prepare and adopt a long-range Regional Transportation Plan (RTP) for the region; and WHEREAS, Section 65080 of the California Government Code requires the preparation and adoption of a regional transportation plan by regional transportation planning agencies; and WHEREAS, pursuant to Title 23 of the Code of Federal Regulations (CFR) section 450.314(a), the MPO and the providers of public transportation shall cooperatively determine their mutual responsibilities in carrying out the metropolitan transportation planning process. These responsibilities shall be clearly identified in written agreements; and WHEREAS, pursuant to Title 23 of the CFR section 450.314(a), the written agreement shall include specific provisions for the development of financial plans that support the metropolitan transportation plan (see § 450.324; referred to as the Overall Work Program) and the metropolitan TIP (see § 450.326; referred to as the Federal Transportation Improvement Program), and development of the annual listing of obligated projects (see § 450.334; referred to as the Program of Projects); and
WHEREAS, pursuant to Title 23 of the CFR section 450.314(h), the MPO and the providers of public transportation shall jointly agree upon and develop specific written provisions for cooperatively developing and sharing information related to transportation performance data, the selection of performance targets, the reporting of performance targets, the reporting of performance to be used in tracking progress toward attainment of critical outcomes for the region of the MPO and the collection of data for the State asset management plan for the NHS; and WHEREAS, Title 23 of the CFR section 450.318 allows an MPO and/or public transportation operator to undertake a multimodal, systems-level corridor or subarea planning study as part of the metropolitan transportation planning process. To the extent practicable, development of these transportation planning studies shall involve consultation with, or joint efforts among, the MPO, State, and/or public transportation operator(s). The results or decisions of these transportation planning studies may be used as part of the overall project development process; and WHEREAS, OPERATOR is the provider of publicly owned transit system serving the City of Guadalupe; and
ATTACHMENT 1
Guadalupe Transit & SBCAG MOU

WHEREAS, SBCAG and OPERATOR desire to establish the basic structure for a cooperative metropolitan transportation planning process pursuant to Title 23, CFR, Part 450.

IT IS THEREFORE MUTUALLY AGREED:

1. LIMITATION OF STATUTORY CONSTRUCTION
Nothing in this agreement shall be construed to interfere with the independent authority regarding local planning and programming, under State law in effect on the date of the enactment of Section 134 of Title 23 USC of 1962, or with a public agency’s multimodal transportation responsibilities to develop:
a. Plans and programs for adoption by a metropolitan planning organization; and b. Long-range capital plans coordinated transit services and projects, and activities pursuant to State law.

2. AREA WIDE TRANSIT COORDINATION
SBCAG and OPERATOR agree to work cooperatively with each other and with other public and private transit providers, and local governmental agencies to ensure the provision of coordinated, cost-effective, area-wide transit services. Such coordination includes, to the extent feasible and subject to action by governing bodies: fares; operating service agreements; pass policies; transit information and marketing; schedule and service coordination; capital needs; shared support facilities; data needs to meet periodic reporting requirements; and other activities as agreed upon by the parties.

3. PLANNING
SBCAG and OPERATOR shall coordinate, to the extent feasible, planning efforts and studies as required by state and federal law. This coordination shall include but not be limited to:

A. Overall Work Program. In accordance with state and federal requirements, SBCAG annually prepares, adopts, and updates an Overall Work Program (OWP) describing regional planning activities. The OWP relates to regionally significant planning activities of the State, transit operators, local governments, and SBCAG in an integrated, comprehensive program document. SBCAG shall maintain sole discretion to prepare, adopt, and make updates to the OWP. OPERATOR agrees to annually prepare a list of regionally significant transit related planning studies for the future fiscal year to be completed by the OPERATOR that may be incorporated into the OWP.

B. Short-Range Transit Plan(s). OPERATOR agrees to prepare, adopt, and maintain a Short-Range Transit Plan, as required by law. This document will provide the planning basis for transit capital and operating projects submitted by OPERATOR to SBCAG for potential inclusion in the Federal and Regional Transportation Improvement Programs (FTIP and RTIP).

C. Regional Transportation Plan. To comply with 23 USC 134, 23 CFR Part 450 SBCAG will prepare a Regional Transportation Plan which also meets the requirements of California Government Code Sections 65080 et. seq. and the California Transportation Commission’s (CTC) Regional Transportation Planning Guidelines, hereinafter referred to as RTP. SBCAG agrees to consult OPERATOR’s most recent Short-Range Transit Plan as the basis for the short-range transit and paratransit components of the RTP impacting OPERATOR’s corridor or subarea. SBCAG will consult OPERATOR’s short-term assumptions as a starting point to project long-range transit conditions impacting OPERATOR’s corridor or subarea. The RTP will be directed at achieving a coordinated Guadalupe Transit & SBCAG MOU

and balanced regional transportation system. The RTP, updated every 4 years, is developed with the cooperation and participation of all affected or interested agencies, including OPERATOR, air quality agencies, Caltrans, the public and private sectors and similar agencies from adjacent counties.

Any RTP provision proposed to achieve a coordinated regional transit system that necessitates amendment to an OPERATOR’s Short-Range Transit Plan will be identified and referred to the OPERATOR for consideration prior to adoption or amendment to the RTP. OPERATOR may choose to amend its Short-Range Transit Plan to achieve consistency with proposed RTP provisions, consistent with the intent of this section, or not pursue said amendment.

4. PROGRAMMING
SBCAG and OPERATOR shall coordinate, to the extent feasible, programming efforts and studies as required by state and federal law. This coordination shall include but not be limited to:

A. Programming Criteria. SBCAG and the OPERATOR will develop criteria to establish priorities for urban transit funding impacting OPERATOR’s corridor or subarea. i. Transit Fund Programming. Federal funds flow to the MPO and the State. This programming covers the allocation of the Urbanized Area funds (Section 5307), the Capital Section 5339 funds and other Federal discretionary programs, as they may become available to the region. Such federal fund’s programming for the Guadalupe Urbanized Area will be performed in cooperation with SBCAG, serving as the Metropolitan Planning Organization.
ii. Program of Projects (POP). OPERATOR and SBCAG will collaborate in the development program of projects applicable to the OPERATOR’s service area.

B. OPERATOR:

OPERATOR develops the program of projects based on the regional Program of Projects process approved by the SBCAG Board of Directors. On a 3-year programming calendar, involving the OPERATOR and SBCAG and their advisory bodies, the following assignments in developing the Program of Projects (POP), using urbanized area Federal funds per most recent apportionment or as derived from historical levels. The planning estimate for the three-year program of projects will be based on FTA’s publication of the annual apportionment.

C. SBCAG:

SBCAG will adhere to the regional Program of Project process approved by the SBCAG Board of Directors. This process includes, publishing public hearing notices at least 3 weeks ahead of the Transportation Technical Advisory Committee and the SBCAG Board meetings in which the Program of Projects is considered. Hearing notices are published in local print media and on SBCAG’s website. The process is designed to ensure adequate geographical coverage for the proposed projects. The approach will adhere to the most recent policies of the SBCAG Public Participation Plan. In addition, if applicable, all notices will be published on behalf of a designated Federal Transit Administration grantee (OPERATOR) for the FTA Section 5307, FTA Section 5339, and other pertinent FTA programs per the FTA national guidelines on public participation and public noticing.

Per formal action by the SBCAG Board, SBCAG may amend the FTIP with the final version of the 3-year Program of Projects. Upon such SBCAG Board action, SBCAG provide the OPERATOR notice of the status of the formal state and federal FTIP amendment approvals, both by forwarding those electronically upon receipt and their timely posting for easy downloading from the SBCAG website.

Guadalupe Transit & SBCAG MOU

D. Regional and Federal Transportation Improvement Programs.

SBCAG is responsible for the periodic development, endorsement, and amendment of both a Regional Transportation Improvement Program (RTIP) and a Federal Transportation Improvement Program (FTIP), pursuant to state and federal requirements, respectively.
i. SBCAG agrees that the RTIP/FTIP will be prepared cooperatively on a fair and equitable basis and upon consultation with OPERATOR and all public agencies eligible to receive project funding. This cooperative effort will prioritize projects to maintain local service levels over regional and service expansion, whenever annual transit needs for scarce funding outstrip the available funding levels. ii. The OPERATOR will cooperate with SBCAG in providing the status of federal funds from the previous federal fiscal year.
iii. SBCAG agrees to include in the RTIP/FTIP projects recommended by OPERATOR which relate to FTA Section 5307, FTA Section 5339, and other FTA funds that may become available, subject to provisions of this MOU, and subject to a finding by SBCAG of consistency with adopted, short-range transit plans and the Regional Transportation Plan.

5. PERFORMANCE BASED PROGRAMMING AND PLANNING
MPO(s), State(s), and providers of public transportation are required by 23 CFR section 450.314(a) to cooperatively determine their mutual responsibilities in carrying out the performance-based planning and programming requirements established by federal law. 23 CFR section 450.314(h)(1) requires that “The MPO(s), State(s), and providers of public transportation shall jointly agree upon and develop specific written procedures for cooperatively developing and sharing information related to transportation performance data, the selection of performance targets, the reporting of performance targets, the reporting of performance to be used in tracking progress toward achievement of critical outcomes for the region of the MPO, and the collection of data for the State asset management plan for the National Highway System (NHS).”

6. TRANSIT ASSET MANAGEMENT, TRANSIT SAFETY
A. OPERATOR:
i. Transit Asset Management
a. OPERATOR agrees to annually develop a Transit Asset Management (TAM) plan.

TAM plans must include at a minimum an asset inventory, condition assessments of inventoried assets, and a prioritized list of investments to improve the state of good repair of their capital assets. b. OPERATOR agrees to annually update the National Transit Database (NTD).
ii. Safety Performance Target
a. OPERATOR agrees to annually establish by mode seven safety performance targets in four categories and submit those safety performance measures to SBCAG.

1. Fatalities: Total number of fatalities report to NTD and rate per total vehicle revenue miles (VRM) by mode.

Guadalupe Transit & SBCAG MOU

2. Injuries: Total number of injuries reported to NTD and rate per total VRM by mode.

3. Safety Events: Total number of safety events reported to NTD and rate per total VRM by mode.

4. System Reliability: Mean distance between major mechanical failures by mode.
b. OPERATOR agrees to coordinate with SBCAG in the selection of the MPO regional safety performance targets that will impact OPERATOR, to the maximum extent practical.

B. SBCAG:
i. Transit Asset Management
a. SBCAG agrees to serve as a forum for the region’s transit providers to coordinate in setting transit asset management targets. b. SBCAG agrees to coordinate with OPERATOR and other regional transit providers in setting regional transit asset management targets. c. SBCAG agrees to incorporate transit asset management into long-range planning and programming activities, at SBCAG’s sole discretion. d. SBCAG agrees to satisfy transit asset management requirements as directed by the Federal Transit Administration or the California Department of Transportation.
ii. Safety Performance Target
a. SBCAG agrees to serve as a forum for the region’s transit providers to coordinate in setting safety performance targets.
b. SBCAG agrees to coordinate with OPERATOR and other regional transit providers in setting regional safety performance targets. c. SBCAG agrees to incorporate safety performance targets into long-range planning and programming activities, at SBCAG’s sole discretion. d. SBCAG agrees to satisfy safety performance target requirements as directed by the Federal Transit Administration or the California Department of Transportation.

7. COOPERATION
The parties to this MOU pledge full cooperation.

8. TERMINATION
Either party to this MOU may terminate its participation in this MOU upon 30-day notice through a resolution of its governing board.

9. DESIGNATED REPRESENTATIVES
Marjie Kirn at phone number 805-961-8900 is the representative of SBCAG and will administer this MOU for and on behalf of SBCAG. Austin O’Dell at phone number 805-925-0951 is the authorized representative for OPERATOR. Changes in designated representatives shall be made only after advance written notice to the other party.

10. NOTICES
Any notice or consent required or permitted to be given under this MOU shall be given to the respective parties in writing, by first class mail, postage prepaid, or otherwise delivered as follows:

To SBCAG: Santa Barbara County Association of Governments Guadalupe Transit & SBCAG MOU

260 North San Antonio Road, Suite B
Santa Barbara, CA 93110
Attention: Marjie Kirn, Executive Director

To OPERATOR: City of Guadalupe
918 Obispo Street
Guadalupe, CA 93434
Attention: Shannon Sweeney, Transportation Administrator or at such other address or to such other person that the parties may from time to time designate in accordance with this Notice section. Notices and consents under this section, which are sent by mail, shall be deemed to be received five (5) days following their deposit in the U.S. mail.

This Notices section shall not be construed as meaning that either party agrees to service of process except as required by applicable law.

11. TERM
This MOU shall begin on July 21, 2022 and end on July 31, 2027. The period of performance may be extended by written agreement of all parties. The parties agree to periodically review and update the MOU, as appropriate, to reflect effective changes. (23 CFR § 450.314(b).)

12. RECORDS, AUDIT, AND REVIEW
OPERATOR shall keep such business records pursuant to this MOU as would be kept by a reasonably prudent practitioner of OPERATOR's profession and shall maintain such records for at least four (4) years following the termination of this MOU. All accounting records shall be kept in accordance with generally accepted accounting practices. SBCAG shall have the right to audit and review all such documents and records at any time during OPERATOR's regular business hours or upon reasonable notice.

If federal, state or other regulatory audit exceptions are made relating to this MOU, OPERATOR shall reimburse all costs incurred by SBCAG associated with defending against the audit exceptions or performing any audits or follow-up audits, including but not limited to: audit fees, court costs, attorneys’ fees based upon a reasonable hourly amount for attorneys in the community, travel costs, penalty assessments and all other costs of whatever nature.

Immediately upon notification from SBCAG, OPERATOR shall reimburse the amount of the audit exceptions and any other related costs directly to SBCAG as specified by SBCAG in the notification.

13. INDEMNIFICATION
In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the Parties pursuant to California Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by a Party shall not be shared pro rata but instead all Parties agree that pursuant to California Government Code Section 895.4, each of the Parties hereto shall fully indemnify and hold each of the other Parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by California Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying Party, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such Party under this MOU. No Party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason Guadalupe Transit & SBCAG MOU

of the negligent acts or omissions or willful misconduct of other Parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such other Parties under this MOU.

14. NONDISCRIMINATION
The Parties shall comply with Title VI of the Civil Rights Act of 1964, as amended, and with the provisions contained in Title 49 CFR Part 21 through Appendix C and 23 CFR section 710.405(b).

15. SECTION HEADINGS
The headings of the several sections, and any table of contents appended hereto, shall be solely for convenience of reference and shall not affect the meaning, construction or effect hereof.

16. SEVERABILITY
If any one or more of the provisions contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provision or provisions shall be deemed severable from the remaining provisions hereof, and such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this MOU shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

17. REMEDIES NOT EXCLUSIVE
No remedy herein conferred upon or reserved to either party is intended to be exclusive of any other remedy or remedies, and each and every such remedy, to the extent permitted by law, shall be cumulative and in addition to any other remedy given hereunder or now or hereafter existing at law or in equity or otherwise.

18. NO WAIVER OF DEFAULT
No delay or omission of either party to exercise any right or power arising upon the occurrence of any event of default shall impair any such right or power or shall be construed to be a waiver of any such default or an acquiescence therein; and every power and remedy given by this MOU shall be exercised from time to time and as often as may be deemed necessary.

19. ENTIRE MOU AND AMENDMENT
In conjunction with the matters considered herein, this MOU contains the entire understanding and agreement of the parties and there have been no promises, representations, agreements, warranties or undertakings by any of the parties, either oral or written, of any character or nature hereafter binding except as set forth herein. This MOU may be altered, amended or modified only by an instrument in writing, executed by the parties to this MOU and by no other means.

Each party waives their future right to claim, contest or assert that this MOU was modified, canceled, superseded, or changed by any oral agreements, course of conduct, waiver or estoppel.

20. COMPLIANCE WITH LAW
Each party, at its sole cost and expense, shall comply with all Federal and State statutes, regulations, and guidelines, now in force or which may hereafter be in force with regard to this MOU.

21. CALIFORNIA LAW AND JURISDICTION
This MOU shall be governed by the laws of the State of California. Any litigation regarding this Guadalupe Transit & SBCAG MOU

MOU or its contents shall be filed in the County of Santa Barbara, if in State court, or in the federal district court nearest to Santa Barbara County, if in federal court.

22. EXECUTION OF COUNTERPARTS
This MOU may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts, or as many of them as the parties shall preserve undestroyed, shall together constitute one and the same instrument.

23. AUTHORITY
All signatories and parties to this MOU warrant and represent that they have the power and authority to enter into this MOU in the names, titles and capacities herein stated and on behalf of any entities, persons, or firms represented or purported to be represented by such entity(ies), person(s), or firm(s) and that all formal requirements necessary or required by any State and/or federal law in order to enter into this MOU have been fully complied with. Furthermore, by entering into this MOU, OPERATOR hereby warrants that it shall not have breached the terms or conditions of any other contract or agreement to which OPERATOR is obligated, which breach would have a material effect hereon.

24. SURVIVAL
All provisions of this MOU which by their nature are intended to survive the termination or expiration of this MOU shall survive such termination or expiration.

25. IMMATERIAL AMENDMENTS
The parties agree that immaterial changes to the MOU such as updating the Designated Representative, addresses for notices, or other clerical error corrections which will not result in a material change to the MOU may be authorized by SBCAG’s Executive Director, or designee, in writing, and in accordance with Section 19.
[This area intentionally left blank. Signatures on following page.] Guadalupe Transit & SBCAG MOU

IN WITNESS WHEREOF, the Parties have executed this MOU to be effective on the date when fully executed by both parties.

OPERATOR:

City of Guadalupe

SANTA BARBARA COUNTY ASSOCIATION OF
GOVERNMENTS:

By: By:

Ariston Julian
Mayor
Das Williams
Chairperson
Board of Directors
Date:

APPROVED AS TO FORM:

Philip Sinco
City Attorney
ATTEST:

Marjie Kirn
SBCAG Executive Director
Clerk of the Board
By:

City Attorney By: Deputy Clerk
APPROVED AS TO FORM:

Rachel Van Mullem
County Counsel
By:

Senior Deputy County Counsel
Counsel for SBCAG

Agenda Item No. 6K

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of July 26, 2022

________________________________ __________________________________ Prepared by: Approved by:

Michael Cash, Director of Public Safety Todd Bodem, City Administrator SUBJECT: Authorizing the City of Guadalupe to approve the agreement with the Guadalupe Union School District to form an agreement for funding of a School Resource Officer under the COPS in School Partner Program.

RECOMMENDATION:

It is recommended that the City Council authorize the City of Guadalupe to approve an agreement with the Guadalupe Union School District for funding of a School Resource Officer.

BACKGROUND:

The City of Guadalupe and the Guadalupe Union School District (District) have shared the costs and the resources of a full-time uniformed police officer as the SRO since 1999. This partnership has allowed the students of Guadalupe to build a positive rapport with law enforcement and for police officers to better understand and provide safety and crime prevention to our public schools.

The SRO will work up to 40 hours per week, 10 months per year, to coordinate and provide law enforcement services to the School District. Under the terms of the agreement, the SRO will be authorized to also provide services to the City when necessary, provided that the SRO’s services are not immediately required by the District.

DISCUSSION:

Government entities contracting for services with other entities have been commonplace for decades in California. Inter-agency contracts typically have mutually beneficial components fulfilling the needs of the provider as well as the recipient. The proposed contract between the City of Guadalupe and the Guadalupe Union School District does just that, providing benefits for all parties involved.

Under the terms of the agreement, the Guadalupe Union School District will provide 50% funding for the School Resource Officer (SRO). All remaining cost of the SRO will be the responsibility of the City. The costs for the SRO include all regular and public safety officer employee benefits. The term of the contract will be from July 1, 2022, to June 30, 2023.

Michael Cash

FISCAL IMPACT:

There are no unfunded expenses associated with the proposed contracted service. All costs are already budgeted and there is no new employee cost.

ATTACHMENTS:

1. Resolution No. 2022-68

2. Guadalupe School Resources Officer Agreement
RESOLUTION NO. 2022-68

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

AUTHORIZING THE CITY OF GUADALUPE TO APPROVE AN AGREEMENT WITH THE

GUADALUPE UNION SCHOOL DISTRICT FOR FUNDING OF A SCHOOL RESOURCE OFFICER WHEREAS, The City of Guadalupe and the Guadalupe Union School District have shared the costs and resources of a full-time uniformed police officer to serve as a School Resources Officer (SRO) since 1999. This partnership has allowed the students of Guadalupe to build a positive rapport with law enforcement and for police officers to better understand and provide safety and crime prevention to our public schools; and
WHEREAS, under the proposed agreement, the SRO will work up to 40 hours per week, 10 months per year, as needed, to coordinate and provide law enforcement services to the School District; and
WHEREAS, under the proposed agreement, the District will provide 50% funding for the SRO , including but not limited to all regular and public safety officer employee benefits, with the remaining costs to be incurred by the City; and
WHEREAS, when the SRO is not on duty at the schools, the Police Department will give priority to School District requests for services and deploy field patrol units and/or investigative units as appropriate, but otherwise shall be authorized to provide services to the City of Guadalupe.

WHEREAS, the term of the contract will be from July 1, 2022, to June 30, 2023.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Guadalupe, California, that the City Council authorizes the following:

SECTION 1: That the City Council approve the agreement with the Guadalupe Union School District to form an agreement for funding of a school resource officer (SRO).

SECTION 2: The Guadalupe Union School District will provide 50% funding for the School Resource Officer (SRO) including but not limited to all regular and public safety officer employee benefits. All remaining costs for the SRO shall be incurred by the City of Guadalupe. The term of the contract will be from July 1, 2022, to June 30, 2023.

SECTION 3: The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.

ATTACHMENT 1
PASSED, APPROVED AND ADOPTED at a regular meeting held on the 26th day of July 2022 by the following vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAIN:

I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being C.C. Resolution No. 2022-68, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held July 26, 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

AGREEMENT REGARDING

FUNDING OF A SCHOOL RESOURCE OFFICER
This agreement is made and entered into between the City of Guadalupe (City) and the Guadalupe Union School District (School District) for the funding of a School Resource Officer (SRO), with respect to the following recitals:

1. The COPS in Schools Program provided partial funding for School Resource Officer (SRO) to be located in schools, however, funding is currently through City General Fund; and

2. The public interest, convenience, necessity, and general welfare will be served by this Agreement.

Now, therefore, City and School District agrees as follows:

1. Personnel. City shall furnish to the School District a regular police officer to serve as a School Resource Officer (SRO), as needed up to 40 hours per week, 10 months per year, to coordinate and provide law enforcement services to the School District.

2. The services are predicated upon the following:

2.1. The mission of the School Resource Officer (SRO) will be to reduce the incidence of crime, truancy, and delinquency among students, providing for the establishment of a program of personal, positive contact between law enforcement and student. To provide crisis interventions and mentorship/advising services in addition to those provided in the school, establish a single point of contact for referral of juvenile problems to the appropriate agency and increase students understanding of the Criminal Justice System.

2.2. When School Resource Officer (SRO) is not on duty at the schools, the Police Department will give priority to School District requests for services and deploy field patrol units and/or investigative units as appropriate, but otherwise shall be authorized to provide services to the City of Guadalupe.

2.3. The School District agrees to provide office space and all necessary supplies and personnel for the clerical needs of the School Resource Officer (SRO).

2.4. The School Resource Officer (SRO) shall provide services to Mary Buren Elementary and Kermit McKenzie Middle School in the Guadalupe Union School District.

2.5. The School Resource Officer (SRO) shall keep a daily activity record and a monthly summary of the reports shall be sent to the Superintendent, the Superintendent Designee and Principals of the schools.

2.6. The Chief of Police, in cooperation with the Superintendent or his designee, shall be responsible for the assignment of caseload priorities for the School Resource Officer (SRO). The School Resource Officer (SRO) will respond to School District requests for service as soon as possible.

ATTACHMENT 2

2.7. The School Resource Officer (SRO) will document on standard police department crime reports or juvenile contact reports, any crime activities reported to the School Resource Officer (SRO) by the School District or students. The School Resource Officer (SRO) will solicit input from School District staff on the adjudication of criminal violations. The decision as to whether or not to prosecute criminal violations rests by the law with the Police Department and the District Attorney’s Office / Juvenile Probation Department.

2.8. The School District Superintendent and/or his designee, and the Chief of Police and/or his designee shall jointly participate in an in-house Police Department selection process to choose the School Resource Officer (SRO).

2.9. Any problems involving the performance of school related duties by the School Resource Officer (SRO) shall be resolved between the School District Superintendent and the Chief of Police.

2.10. The School Resource Officer (SRO), Chief of Police, School Superintendent and District Administrative Staff will meet regularly on a quarterly basis.

2.11. The School Resource Officer (SRO) will be present at schools during A.M and P.M drop off and pick up hours (to ensure the safety of all students and staff) time permitting and as no other emergencies exist.

2.12. The School Resource Officer (SRO) will serve as a liaison to Superintendent or designee to communicate and/or update Superintendent or designee of threats and/or any activities that may impact schools.

2.13. The School Resource Officer (SRO) will serve on District’s Safety Committee and provide annual input for School Safety Plans.

2.14. The School Resource Officer (SRO) as needed will perform home visits with District or school staff as requested for student safety and/or attendance purposes on a case-by-case basis and with approval from the Chief of Police.

2.15. The School Resource Officer (SRO) will work with school staff to coordinate Red Ribbon Week activities.

2.16. The School Resource Officer (SRO) will make a reasonable effort to attend various after school activities (sports, plays, music performances, etc.).

2.17. The School Resource Officer (SRO) will attend Student Attendance Review Board (SARB) Meetings, on a case-by-case basis and with approval from the Chief of Police.

2.18. The School Resource Officer (SRO) will deliver class presentations on various student safety topics as agreed to by the Chief of Police and the Superintendent Designee.

3. Term. Services described in paragraph 1 shall commence on July 1, 2022, and conclude June 30, 2023. In subsequent years, the services shall be provided similarly, accommodating the school-year calendar. Services shall be continued in subsequent years upon mutual agreement of the parties, unless earlier terminated pursuant to paragraph 7.

4. Payment Formula. It is understood that the Guadalupe Union School District will provide 50% funding for the School Resource Officer (SRO) including but not limited to all regular and public safety officer employee benefits. All remaining costs for the School Resource Officer (SRO) shall be incurred by the City.

5. Payment. Payment shall be made upon receipt of invoice from the City. Frequency on invoice shall be quarterly.

6. Employee of City. The assigned Officer shall at all times be an employee of the City for all purposes, including wages, benefits, injuries, supervision, training, promotion, and discipline. The Officer will be under authority, supervision, and direction of the Chief of Police of the City of Guadalupe. District shall reimburse the City for the Districts share of the costs within fifteen (15) days after presentation of an invoice from the City.

7. Hold Harmless.

7.1. The City shall defend, hold harmless and indemnify the district, its officers, agents and employees from all claims, injuries, actions, suits, and judgements arising from the actions of the City or the assigned officer, arising under this Agreement, but not for damage or injury caused by the sole negligence of the district or its employees.

7.2. The district shall defend, hold harmless and indemnify the City, its officers, agents and employees from all claims, injuries, actions, suits, and judgements arising from the actions of the district or its employees, arising under this Agreement, but not for damage or injury caused by the sole negligence of the City of its employees.

8. Termination of Agreement. Either party may terminate with twelve (12) months written notice to the other party or immediately upon a material breach of any of the terms or conditions of this Agreement.

9. Assignment. This Agreement shall not be assigned either in whole or in part. Any such purported assignment shall void this agreement.

10. Insurance.

10.1. City shall maintain general public liability insurance in the amount of at least $1,000,000; City shall maintain workers’ compensation and other benefits as required by law for its employees.

10.2. District shall maintain general liability insurance in the amount of at least $1,000,000.

11. Notices. All payments and any notices or communications under this Agreement shall be in writing and shall be deemed to be duly given if served personally on the party to whom notice is directed or shall be deemed served forty-eight (48) hours after the same has been deposited in the United States mail certified or registered mail, return receipt requested, postage prepaid, and addressed in the case of:

City: City Administrator School District: Superintendent City of Guadalupe Guadalupe Union School District
918 Obispo St. 4465 Ninth Street
Guadalupe, CA 93434 Guadalupe, CA 93434

11. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California.

12. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by a court of cotton jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement.

13. Amendment. The term of this Agreement shall not be amended in any manner whatsoever except in writing and written Agreement signed by all parties.

14. Entire Agreement. This Agreement constitutes the entire Agreement between the parties.

There are no understandings, agreements, representations, or warranties, express or implied, not specific in this Agreement.

15. Compliance with Law. City and the School Resource Officer (SRO) agrees to perform the services contemplated by this Agreement in a professional and competent manner in compliance with all State or Federal laws or regulations governing the services to be rendered pursuant to this Agreement.

16. Heading and Captions. The heading and captions of this Agreement are for the convenience of the reader only and shall not be used to define, limit or construed the term of this Memorandum.

IN WITNESS WHEREOF, this Agreement has been executed by the parties on behalf of the City of Guadalupe and the Guadalupe Union School District. __________________________ __________________________
Todd Bodem Emilio M. Handall, Ed.D.

City Administrator Superintendent
City of Guadalupe Guadalupe Union School District
_______________________ _______________________
Date Date
__________________________
Michael Cash
Chief of Police
City of Guadalupe
_______________________
Date
Rev: 06/17/2021

GUADALUPE FIRE DEPARTMENT
TO: PUBLIC SAFETY DIRECTOR, MICHAEL CASH
FROM: CAPTAIN PATRICK SCHMITZ
SUBJECT: MONTHLY SUMMARY OF CODE ENFORCEMENT CASES
June 1, 2022 – June 33, 2022
DATE: 07/01/2022
CALLS FOR SERVICE JUNE 2022
INCIDENT TYPE This
Month
Last
Month
Year to Date
(2021-2022)
Year to date
(2020-2021)
Medical 30 30 386 347
Structure Fire 0 1 1 3
Cooking Fire 0 0 4 5
Trash or Rubbish Fire 0 0 9 8
Vehicle Fire 0 0 4 2
Grass/Vegetation Fire 0 0 3 6
Other Fire 0 0 4 3
Motor Vehicle Accidents with Injuries 1 1 22 17
Motor Vehicle Accidents No Injuries 2 4 27 13
Motor Vehicle/Pedestrian Accident 0 0 0 3
Hazardous Materials Spill/Release 0 0 4 4
Hazardous Condition Other 0 0 9 13
Water Problem/Leak 1 0 7 3
Animal Problem 0 0 1 2
Search / Rescue 0 0 0 0
Public Assistance 1 5 39 16
Police Matter/Assistance 0 0 10 3
Illegal Burn 0 0 0 2
Smoke/CO Detector Activation 2 2 12 18
Dispatch and Canceled En-route 0 6 41 40
False Alarm 0 0 14 9
TOTAL 37 49 597 517
Additional Information
STAFFING: 1 Public Safety Director (Police/Fire Chief)
3 Fire Captains
3 Fire Engineers
2 Paid Call Firefighters 4 Position Vacant
Agenda Item No. 6L 1 a.

Rev: 06/17/2021

GUADALUPE FIRE DEPARTMENT
Special Assignments / Coverage:
- Food Bank Distribution (06/02)
- Leroy Park Inauguration (06/12)
CODE COMPLIANCE CASES JUNE 2022
INCIDENT TYPE This
Month
Last
Month
Year to Date
(2021-2022)
Year to date
(2020-2021)
Business License (GMC 5.04.040) 0 0 2 0
Litter Accumulation (GMC 8.12.020) 0 0 0 9
Abatement of Weeds and Rubbish (GMC 8.16.010) 4 6 10 1
Working Without Permits (GMC15.04.020) 0 0 0 4
Address Number (GMC 15.08.020 (505.1)) 1 3 4 7
Complaints (No Violation Found) 0 1 6 4
Apartment Inspections 0 0 80 0
Yearly Business Inspections 12 7 67 6
Other 2 2 16 12
TOTAL 19 19 185 90
Complaints Received 5 1 16 9
Miscellaneous This
Month
Last
Month
Year to Date
(2021-2022)
Year to date
(2020-2021)
Visitors 33 20 268 281
Public Relations 10 8 56 24
School Visits 2 0 6 0

GUADALUPE CODE COMPLIANCE
TO: PUBLIC SAFETY DIRECTOR, MICHAEL CASH
FROM: CODE COMPLIANCE OFFICER, JOSUE MERAZ
SUBJECT: MONTHLY SUMMARY OF CODE ENFORCEMENT CASES
JUNE 1, 2022 – JUNE 30, 2022
DATE: 7/06/2022

CODE ENFORCEMENT CASES

INCIDENT TYPE
This
Month
Last
Month
Year to Date
(2020-2021)
Business License (GMC 5.04.040) 0 0 1
Animal Nuisance (Odor, Noise) (GMC 6.04.100 (A,E)) 0 1 4 Fowl, Livestock and Wild Animals (GMC 6.04.210) 1 1 2
Litter Accumulation (GMC 8.12.020) 1 0 6
Abatement of Weeds and Rubbish (GMC 8.16.010) 6 0 11
Burning Garbage Prohibited (GMC 8.12.150) 0 0 0
Unlawful Property Nuisance (GMC 8.50.070) 0 0 7
Graffiti Abatement (GMC 9.07.060) 0 1 2
Abandoned Vehicles/ Vehicle Covers (GMC 10.36.010) 0 1 14 Portable/fixed basketball goals (GMC 10.48.050) 0 0 0
Parking of large vehicles/trailers (GMC 10.24.190) 0 0 1 Wall,Fence,or Hedge Requirements (GMC 18.52.121) 0 0 0
Working Without Permits (GMC15.04.020) 0 0 4
Address Number (GMC 15.08.020 (505.1)) 0 0 0
Illegal Garage Conversion (GMC 18.08.120, 18.08.160) 0 0 0 Damage Fence (GMC 18.52.125) 0 0 1
Parking on Front Yard Setback (GMC 18.60.035) 0 1 8
Trailers/Mobile homes as living space (GMC 18.56.030) 0 0 1 Residential Solid Waste Collection (GMC 8.08.070) 0 0 2 Landscape Maintenance Required (GMC 18.64.120) 1 6 13
Discharge of illegal fireworks (GMC 8.24.020) 0 0 0
72hr Parking 3 3 46
Code 60 Citations 1 0 16
TOTAL 13 14 139
Complaints Received 8 6 36
Miscellaneous This
Month
Last
Month
Year to Date
(2020-2021)
Visitors 0 0 0
Public Relations (Food distribution, Covid Vaccination) 1 1 6 School Visits () 0 0 0
Agenda Item No. 6L 1b.

Agenda Item No. 6L 2.

HUMAN RESOURCES MONTHLY REPORT
May 17, 2022 thru June 30, 2022

RECRUITMENT
Emergency Services Management
Prior to May 17th, a conditional offer had been extended to a candidate for the Emergency Preparedness Coordinator position. Candidate subsequently rescinded his application.

Ongoing recruitment was paused.

Fire
On June 5th, Eric Vera joined the Fire Department as the third intern under the Public Safety Intern Program.

Human Resources
Applications have been reviewed. Candidates have been phone screened. Sourcing remains ongoing.

Police
Prior to May 17th a conditional offer was extended to a candidate for a Police Officer position. The candidate is from out-of-state and has enrolled in a recertification training program to be certified with P.O.S.T. in California. That training is to start in mid-July.

Public Works
Interviews were held on June 1st for Engineering Technician. Three candidates were interviewed. One candidate was brought back for a second interview but later rescinded his application. The other two candidates were regretted.

Recreation/Facilities
It had not been reported in a prior HR monthly report that Mayra Figueroa was hired on April 27th as Facility Rental Coordinator.

Agenda Item No. 6L 3
RECRUITMENT (cont’d.)
Wastewater
On June 13th, Everardo Vargas was hired as an Operator-in-Training for a 12-month assignment.

WORKERS’ COMPENSATION
There were two (2) injuries reported: one (1) injury resulting in time off work; the Company Nurse was used in this case; and other was for first aid with no time lost.

COVID
• an employee tested positive and contacted HR for proper protocol. • an employee had exposure to Covid. That employee notified their department who then notified HR for proper protocol.
• average daily number of new cases for SB County was 35.3 and SLO County was 35.0. No reported statistics specific to Guadalupe.
• Current guidelines from both SB and SLO Public Health Departments continue to encourage mask wearing when indoors, but no mask mandate to date.

RECREATION AND PARKS MONTHLY REPORT
For June 2022
Summary of Rentals/Usage for City Facilities & Parks

FACILITY THIS MONTH THIS MONTH

LAST YEAR
THIS YEARTO-DATE
(FY 21/22)
LAST YEARTO-DATE
(FY 20/21)
Auditorium/Gym 8 11 55 82
O’Connell Park 25 1 79 2
Le Roy Park 1 0 1 0
Senior Center 10 6 99 59
Veterans Memorial
Plaza
2 2 8 6
Council Chambers 6 15 26 138
Central Park 0 0 0 2
Veterans Hall 1 n/a 18 n/a
Foodbank Distribution
The Guadalupe Senior Center is one of the four Guadalupe sites used for monthly Food Bank distributions. The distribution at the Senior Center occurs on the first Thursday of every month. The volunteer team has been led by Guadalupe Mayor, Ariston Julian, and his spouse, Lourdes Ramirez.

Community volunteers work alongside city employees and employees from Los Amigos de Guadalupe. Besides the on-site drive through and walk-up distribution, 51 deliveries of food are Recreation and Parks
918 Obispo Street
P.O. Box 908
Guadalupe, CA 93434
Ph: 805.356.3906
Fax: 805.343.5512
Email: [email protected]
Agenda Item No. 6L 4.
taken directly to homes of elderly, disabled and/or homebound individuals and families at high risk for COVID-19. In addition to this monthly Food Bank distribution at the center, Los Amigos de Guadalupe coordinates bimonthly Food Bank deliveries to approximately 30 homes of elderly, disabled and/or homebound individuals/families at high risk for COVID-19, every other Wednesday.

For the month of May, here is info for the monthly distribution:

Families Served On Site: 207
Individuals Served On Site: 895
Families Deliveries: 49
Individual Delivered: 200
Total Families: 256
Total Individuals: 1,095
Le Roy Park
The Le Roy Park Grand Re-Opening took place on Sunday, June 12th at 1pm. The Guadalupe Veterans Color Guard presented the flags to start off the event. Speeches were given by Mayor Ariston Julian, Father Maseo of El Padrecito, District Representatives Wendy Motta and Carson Link, District Supervisors Joan Hartman & Steve Lavagnino, Senator Carbajal, and Senator Limon.

After the speeches Los Compas de Guadalupe performed. During their break Folklorico El Padrecito performed a few dances and then Los Compas took the stage again. It was reported that well over 500 people were served free food at the event.

Unfortunately, vandalism occurred multiple times at the park since it’s opening. The first instance of vandalism was the damage to the soap dispenser. The soap dispenser was completely ripped out of the sink and the cable attaching the grill to the BBQ pit was cut. The grill was not stolen since a chain was welded to connect it to the pit itself. A few days after that happened the interior of the men’s restroom was tagged with graffiti. Due to these occurrences, the pits in the family BBQ area have been locked and are available by reservation only. In addition, the restrooms are only open during business hours, from 9am – 5pm until further time that we can better monitor the park.

Auditorium
Auditorium repairs continue to be made. The heaters have been installed, the electrical is done, the crash mats are in place, the stage floor work has been completed, the c-train is in place in the courtyard adjacent to the auditorium, the curtains are awaiting payment approval by city council, and repairs to the ceiling and windowsills have been completed. The painting of the auditorium is tentatively scheduled to begin in the beginning of August.

COED Adult Softball League
The Adult Softball League’s first games took place on Thursday, June 9th at 5pm & 7pm at Jack O’Connell Field. Eight games were completed during June. Eight regular season games are scheduled for each Thursday in July. The championship games will take place during the first week of August.

Drop-in Sports for ages 16+
Free Drop-in volleyball and basketball for ages 16+ are currently taking place. Drop-in volleyball is being held on Wednesdays from 5pm – 7pm. Drop-in Basketball is being held on Fridays from 5pm – 7pm. They are held at the City Hall Auditorium. Participants ages 16 & 17 must provide a permission slip/liability waiver signed by a parent/legal guardian in order to participate. This form can be found on the Recreation Page of the city website. Go to https://ci.guadalupe.ca.us/recreation/ Drop-in sports will be postponed from August 1st through August 20th due to painting taking place during that time. Drop-in sports will start back up again the week of August 22nd.

Las Puentes Unidos Resource Fair
In coordination with SER jobs for progress and the Fresno Community Center for the Arts & Technology (CCAT), the Recreation Department will be providing a resource fair to the community on Saturday, July 23rd in the City Hall Auditorium and Courtyard. The event will include a drama and dance performance that addresses the difficulties that families have faced during the pandemic. The main goal of the event, however, is to draw residents from the Guadalupe community in so that they can be informed on what services and programs are available to them.

Doors will open at 3pm and this will be the time that residents will be encouraged to walk around the various booths provided and retrieve information. Upon arrival, attendees will be given a “passport” (see image below).

Once the attendee has visited and received a mark from each group, they will turn in their passport back to the Recreation Department table in exchange for a raffle ticket. Each group attending will be providing a raffle item. All that fill out their passport will be entered into the raffle. The raffle will take place during the intermission of the performance and at the end of the performance.

The performance will start at 4pm and end around 5:45pm. After the end of the performance, residents would be provided with another 30 minutes to walk around and view information at the booths. This event is free. The event has been advertised by flyers around town, through LADG’s social media, on the marquee, and will likely be in the Santa Maria Times soon.

Color Fusion 5k
A color run will be taking place on Saturday, July 30th. This color walk/run will feature a designated 1-mile walk/run course at Jack O’Connell Park. To complete the 5k, participants will run 3 laps of the course, however, it is not required that participants complete the full 5k. During the race participants will be doused with colored powder at various color stations. This event aims to promote healthy and active lifestyles, as well as family togetherness and community cohesion.

Registration opened Friday, June 17th. Registration forms can be located on the city website’s recreation page. To register, participants will need to either schedule an appointment with the Recreation Services Manager or stop by the Recreation Office. Payment is due upon registration.

The registration fee is $20 for the registration packet and $10 without. The registration packet will include a Guadalupe Color Fusion 5k, choice of 1 water or sports drink, choice of 1 snack, 1 individual color packet for the color toss commencement, and a participation medal. This has been advertised on the marquee, through flyers, and via Facebook post through LADG.

Respectfully,
Hannah Fuentes
Recreation Services Manager
City of Guadalupe

MAYOR’S REPORT
July 26, 2022
(Information below may be subject to change)

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

The school schedule will not affect the opening of BGC programming at Le Roy Park because they have school-based programs at Mary Buren and at McKenzie.

After an approved MOU, it will take 10-12 weeks of preparation, hiring, and training to reopen programming at Le Roy Park. So, they would be targeting opening on October 1st.

The City was rushing to have council execute an agreement but now both parties have time to make the very best possible agreement, everyone is excited to meet the expectations of our youth.

2. Website ADA Compliance
As you know, the City Council approved certain funds for the redesign of the City’s website.

There is significant amount of staff time needed to fulfill the buildout, so it will be ongoing.

However, a very crucial component could not wait. According to JPIA, the City’s insurance provider, our website must be ADA compliant. City staff discussed ADA compliance for the current website that we could then transfer over to the new website when it's complete. This would take care of ADA compliance issues (as much as humanly possible).

The accessiBe accessibility solution system has been installed on the City of Guadalupe's website to help with ADA and WCAG compliance requirements. There is now a widget installed on the City's website at the top left that provides several tools for a site visitor with these needs. Through the accessiBe machine learning system, the site will change on the fly to provide them with alternative website viewing capabilities based on what they select.

Additionally, there is now an accessibility statement posted in the footer of the site. This set up will help people with a physical limitation like color/normal blindness, epilepsy, cognitive disabilities and more. Please feel free to check out the website with this new feature.

3. Building Committee (City Hall)
The Building Committee met on July 14th and received a qualitative structural evaluation report of city hall. Many things are deficient and costs for upgrade/repairs total about $2M.

The City can fund a portion of the repairs by using various sources i.e., ARPA, city budget funds and others. The Committee understands there is low interest for grant funding agencies Agenda Item No. 9

to let out grants for improvements to city halls, municipal, and administrative buildings but there are ‘oodles’ of opportunity for Police and Fire facilities that are attached to the city hall campus.

According to Carole Denardo, Historic Building expert, the CA OHP database, City Hall was already listed in the California Register and determined eligible for the National Register. City staff does not know if this is a good thing for the city or not to possibly on a State Registry as it then increases the need to meet the higher expectation of using materials the old fashion way i.e., square headed nails, etc.; hence, increasing the cost to upgrade.

Carol spent about an hour reviewing grant opportunities for municipalities and found some for me look at – Carole included websites. Some are grants are for historic preservation, but others are more specific to overall community interests. Carol is willing to assist us in preparing any applications.

In the final analysis, the Committee has decided to come forward with a plan to complete the repairs in phases of importance and timing. The Committee emphasized that this building is a city treasure.

4. Als Union Update
In a report provided to the City Council on July 12th, the City Council understand that the above-mentioned property has been remediated and Council has directed staff to sell the parcel as the Long-Range Property Management Plan (LRPMP) requires.

Al’s Union property was included in the LRPMP, and staff believes any sales will need to be approved by the Oversight Board prior to closing. Our ROPS Financial Advisor, Cheryl Murase does not think the City will need the Department of Finance approval.

According to Cheryl, but this will need an RDA legal Opinion; if the Guadalupe Successor Agency did not enter an ENA or DDA before December 31, 2020, the disposition of the property may fall under the Surplus Land Act that will require several actions to be completed by the Successor Agency before the land can be sold.

Once sold, the proceeds of the land proceeds should not be sent to the County Auditor Controller for distribution to the taxing entities until all reimbursement from the State Grant Program have been received by the Successor Agency and all appeals have been exhausted.

The unreimbursed cost will need to be deducted from the net land proceeds. Ms. Murase wants to make sure the General Fund is not exposed to the cost related to the remediation.

Side note: Cheryl Murase is in transition to retire so the City staff is seeking another subject matter expert and RDA attorneys.

5. Taylor Farms Blood Drive

Taylor Farms, in response to the urgent need for blood in our area, will be hosting a blood drive on Wednesday, July 27th from 2-5:30pm at the Taylor Farms site. You will be seeing flyers around town and other organizations are participating. Please find Attachment 1 a flyer for the upcoming blood drive, sponsored by Taylor Farms.

6. Escalante Meadows
Several years ago, the Housing Authority of the County of Santa Barbara (“HASBARCO”) submitted an application to the U.S. Department of Housing and Urban Development (“HUD”) under the Rental Assistance Demonstration Program (RAD) to redevelop the property currently called Guadalupe Ranch Acres. HASBARCO proposed, and the City approved, a redevelopment to demolish the existing 52 units of Public Housing and rebuild 80 units of affordable housing in its place and will be renamed Escalante Meadows. After HASBARCO’s RAD application, they discovered that the project qualified for a” Section 18 Small PHA Blend” which improves the rental income for the proposed development. HASBARCO has modified its application with HUD to take advantage of this opportunity. As a result, HASBARCO is requested updated letters of support for the Section 18 Small PHA Blend. Attachment 2 is the Mayor’s support letter.

In addition, as part of the redevelopment, the existing site will be subdivided into three parcels. Parcel 3 will be home to a brand-new community center that will serve not only the residents of Escalante Meadows, but also the entire community within the City of Guadalupe.

The development of the new community center will not be a part of the Section 18 Small PHA Blend conversion because the transaction will involve a different form of financing called New Market Tax Credits. Parcel 3 will only contain the community center building and will not contain any dwelling units. Therefore, HASBARCO received a separate letter of support (Attachment 3) for the disposition of parcel 3 under HUD’s Section 18 Program.

7. Santa Barbara County Assessed Values Change Report
Please see Attachment 4, citywide comparison, reports with 2022/23 values as received on the Assessor’s roll. The values are preliminary as Staff has not yet received the certification of assessed values from the Auditor Controller or the Unitary Utility Roll from SBE.

END OF REPORT

TAYLOR FARMS

GUADALUPE

BLOOD DRIVE
SIGN UP TODAY AT VITALANT.ORG
WEDNESDAY, JULY 27
TH
2 PM – 5:30 PM

IN THE BLOODMOBILE
4575 W MAIN ST
GUADALUPE, CA 93434
ATTACHMENT 1
ATTACHMENT 2
ATTACHMENT 3
2022/23 AGENCY VALUE CHANGE SUMMARY

THE COUNTY OF SANTA BARBARA
Preliminary Net Value Totals by Agency Excluding SBE Utility Roll Values Value
Change
Percent
Change
2022/23
Net Value
2021/22
Net Value City/Agency Name Percentof Total

BUELLTON
Buellton General Fund 1,132,844,695 1,208,027,653 100.0% 75,182,958 6.6% Totals: 1,132,844,695 1,208,027,653 100.0% 75,182,958 6.6%

CARPINTERIA
Carpinteria General Fund 2,790,289,199 2,967,698,809 100.0% 177,409,610 6.4% Totals: 2,790,289,199 2,967,698,809 100.0% 177,409,610 6.4% GOLETA
Goleta General Fund 6,367,313,418 6,790,470,950 78.0% 423,157,532 6.6% City of Goleta - RDA 1,608,795,888 1,716,002,007 19.7% 107,206,119 6.7% ~Sb Rda - Isla Vista 185,207,664 196,358,178 2.3% 11,150,514 6.0% Totals: 8,161,316,970 8,702,831,135 100.0% 541,514,165 6.6%

GUADALUPE
Guadalupe General Fund 238,243,945 272,559,418 45.8% 34,315,473 14.4% City of Guadalupe RDA 317,573,004 322,341,162 54.2% 4,768,158 1.5% Totals: 555,816,949 594,900,580 100.0% 39,083,631 7.0%
LOMPOC
Lompoc General Fund 2,387,030,550 2,590,126,183 75.3% 203,095,633 8.5% Lompoc Old Town RDA Area 1 61,340,915 67,360,993 2.0% 6,020,078 9.8% Lompoc Old Town RDA Area 2 683,246,850 763,025,911 22.2% 79,779,061 11.7% Lompoc Old Town RDA-Area 3 16,457,193 18,224,845 0.5% 1,767,652 10.7% Totals: 3,148,075,508 3,438,737,932 100.0% 290,662,424 9.2%

SANTA BARBARA
Santa Barbara General Fund 20,966,838,295 22,675,776,719 85.9% 1,708,938,424 8.2% Santa Barbara Central City Redevelopment 3,419,710,308 3,729,285,413 14.1% 309,575,105 9.1% Totals: 24,386,548,603 26,405,062,132 100.0% 2,018,513,529 8.3%

SANTA MARIA
Santa Maria General Fund 10,145,560,825 10,904,419,762 100.0% 758,858,937 7.5% Totals: 10,145,560,825 10,904,419,762 100.0% 758,858,937 7.5%

SOLVANG
Solvang General Fund 1,431,466,018 1,532,158,422 100.0% 100,692,404 7.0% Totals: 1,431,466,018 1,532,158,422 100.0% 100,692,404 7.0% ~Subordinate Values (values assigned to a city's general fund that are also assigned to another city's project area) This report is not to be used in support of debt issuance or continuing disclosure statements without the written consent of HdL, Coren & Cone
Data Source: Santa Barbara County Assessor 2021/22 and 2022/23 Secured and Unsecured Tax Rolls Prepared On 7/18/2022 By KR ATTACHMENT 4
2022-001-GPZ/2022-002-DR Page 1 of 5
Agenda Item No. 10

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of July 26, 2022
________________________________ __________________________________ Prepared by: Approved by:

Larry Appel, Contract Planning Director Todd Bodem, City Administrator SUBJECT: Public Hearing to consider La Guardia Townhomes, 2022-001-GPZ and 2022-002-DR amending the General Plan Land Use Element from Low Density Residential to High Density Residential, rezoning from R-1 (Residential Single Family) to R-3 (Multiple Dwelling High-Density), and a Design Review to relocate a single-family home and replacing it with 20 one and 2-story apartment buildings (total 20 units).

EXECUTIVE SUMMARY:

The current property has an abandoned single-family home which they hope to be able to relocate and renovate somewhere else in the City. If not, it will be demolished. The general plan amendment and rezone are needed to increase the density on the project site. The same increase in density will be considered by the City Council as part of the General Plan update which will be considered later in the year. A CEQA Class 32 exemption is being issued for this project as it fits the infill requirements. Prior to construction of the new project, the owners will need to also process a lot line adjustment to combine the two legal lots, but that doesn’t need to be completed until just prior to issuance of building permits for the new construction. The project covers 1.08 acres and is located at 4241 La Guardia Lane between La Guardia Lane and Eleventh Street, (APNs 115-230-013, and -015).

RECOMMENDATION:

It is recommended that the City Council:
a. Receive a presentation from staff;
b. Conduct a public hearing, including: 1) an opportunity for the applicant to present the proposed project, and 2) receive any comments from the public; and c. Adopt Resolution No. 2022-69 approving 2022-001-GPZ for the Land Use Designation amendment and 2022-002-DR for the townhomes, including DR Findings, CEQA Class 32 Exemption and Conditions of Approval; and d. Introduce an Ordinance (Ordinance No. 2022-503) for first reading to rezone the property from R-1, Single-Family Residential to R-3, Multiple Dwelling (high density); and e. Continue the Ordinance to August 9, 2022, for second reading and adoption. 2022-001-GPZ/2022-002-DR Page 2 of 5
BACKGROUND:

The project consists of two legal lots that will be adjusted into a single legal lot. One lot is vacant and the other contains a dilapidated home built in the 1940s. It is hoped that the home can be removed from the site and relocated somewhere else in the City. The property is zoned R-1, Single Family Residential. The new owners have waited for the City’s General Plan update to upzone the property to R-2 with its new density which would be the same as the current R-3 zone, but it has taken too long and due to the need to reinvest funds from other property sales, they have gone forward with a private GPZ application. By having the R-3 zone adopted for this property, the Design Review plans for building 20 apartment units is possible. However, once the City completes the General Plan and has rezoned the neighborhood through the consistency rezone process, the land will change to Medium Density Residential and R-2 zoning. The project will be consistent with the new designations.

DISCUSSION:

Project Description
The project consists of 18 2-bedroom units and two 3-bedroom units (one accessible) and the project will provide 20 covered parking spaces and 25 uncovered spaces. Approximately 11.2 percent of the site will be covered in landscaping. Minor grading will be required to prepare the site for construction. An underground stormwater storage system will be utilized to retain water on the project site. Each unit will have a minimum of 200 square feet of private open space. The buildings in this zone district are allowed to be up to 35 feet but this development will limit the height to 23 feet.

Project Statistics:

Coverage Type Area (sq. ft.) Percent of Total
Building Coverage 11,901 25.4%
Landscaping 6,430 11.2%
Future ADUs 722 2.0%
Private Open Spaces 3,915 9.5%
Parking 12,131 25.8%
Flatwork (cement) 3,728 8.3%
Public Access 8,062 17.8%
TOTAL 46,889 (1.08 acres) 100%
The 1.08 gross acres contain two legal lots. As a separate action, the city is processing a ministerial permit that will allow the lots to be adjusted into a single lot. That will prevent issues if the new buildings were constructed over a property line, which is prohibited. The lot line adjustment will be completed prior to issuance of the first building permit. 2022-001-GPZ/2022-002-DR Page 3 of 5
Table 1: Site Information
Location La Guardia Lane
APNs 115-230-013, and -015
Zoning R-1, Single Family (Low Density) Residential
District
Land Use Designation Low Density Residential
Project size 1.08 gross acres
Present Use Vacant lot and abandoned home
Surrounding Uses North: farmland (County)
South: Residential single family home
East: Residential single family home
West: Residential single family home

GENERAL PLAN CONSISTENCY
Goal #6 – “To develop vacant and under-utilized land within existing urban and suburban areas for the maximum benefit of the entire community.”
The proposed project would not only provide 20 additional units, but would offer modern amenities and energy efficient construction. . The project is consistent with this goal.

Goal #8 – “To provide for quality residential development that will provide both attractive and economical dwellings for all segments of the population, yet protect and enlarge the overall community.”
The proposed project has an attractive design and will provide units at a market rate that is generally lower than those of adjacent communities. If the 20 units are approved, then the owners plan to submit ministerial permits for two ADUs that will be considered affordable given their 500 square foot size. The project is consistent with this goal.

Policy #30 – “New residential development of four dwelling units per acre or more will be permitted only when public services including central water and sewer service are available or provided by the developer.”
The current single family home was provided all public services from the City and the new project will continue to utilize public services. The project is consistent with this policy.

ZONING CONFORMITY ANALYSIS
Zoning Designation: The purpose of Section 18.20, R-1 Single Family Residential District is to provide an area exclusively limited to single-family homes with not more than one home and accessory buildings on each lot. The application to rezone the property to R-3, Multi-Dwelling (high density) would allow the Design Review application to be approved for 20 multi-family units 2022-001-GPZ/2022-002-DR Page 4 of 5
plus two ADUs. This would be in conformance with the proposed General Plan Land Use Designation of High Density Residential. The proposed development would be consistent with this zoning designation.

Design Review: Chapter 18.73 of the Guadalupe Municipal Code provides direction in processing this type of application. The “DR” review is required for all new multifamily residential developments exceeding three units. Specific Findings are presented in Section 18.73.100 which ensures that projects are compatible with surrounding development. These Findings will be analyzed in the Resolution.

Design Standards: The project has been designed to be consistent with all the development standards contained in Chapter 18.52, Design and Development Requirements.

CEQA REVIEW
The original single family home had no CEQA review as it predated the beginning of CEQA in 1971.

The current project was evaluated for consistency with CEQA and a Categorical Exemption (Class 32) was prepared for the project. This section is used when a project is considered an “infill” development. To utilize this exemption, the project must be consistent with applicable General Plan policies (see discussion above), the project is within the City limits and is not more than five acres in size, the site has no value for habitat for rare, endangered or threatened species, the project will not have any significant effects relating to traffic, noise, air quality, or water quality, and finally the site can be adequately served by all required utilities and public services. Since the project meets all these criteria, the Class 32 exemption is appropriate.

PUBLIC NOTICE:

Staff published the required Public Hearing Notice in a newspaper of general circulation on or about July 16, 2022. Copies of the Public Hearing Notice were also mailed to property owners and occupants within a 300-foot radius of the subject property. The notice identified the CEQA exemption as well as the City Council meeting on July 26, 2022.

CONCLUSION:

The applicant has submitted a project that will ultimately provide 22 new apartment units where a vacant lot and dilapidated residence were present. The applicant is following the goals of the General Plan update to revitalize this area by allowing new development at a higher density that previously developed. The project will be consistent with the General Plan Land Use designation and the Zoning designation if the GPZ is approved by Council. The goal is to begin construction as soon as possible after approval in order to have the project ready for occupancy a year from now. The staff recommendations are as summarized below.

1. Adopt City Council (Resolution No. 2022-69), approving the La Guardia Townhome Project including General Plan Amendment (2022-001-GPZ) from Low Density Residential to High Density Residential and a Design Review allowing construction of 20 two and threebedroom townhomes (2022-002-DR) and in accordance with the requisite Findings set 2022-001-GPZ/2022-002-DR Page 5 of 5
forth in Exhibit 1 and subject to the project’s conditions of approval set forth in Exhibit 2; and

2. Introduce an Ordinance (Ordinance No. 2022-503) for first reading to rezone the property from R-1, Single-Family Residential to R-3, Multiple Dwelling (high density) (Exhibit 3); and

3. Continue the Ordinance to August 9, 2022, for second reading.

ATTACHMENTS:

1. Resolution No. 2022-69, including CEQA Exemption (Exhibit 1), Approval Findings (Exhibit 2) and Conditions of Approval (Exhibit 3); and

2. Ordinance No. 2022-503; and

3. Project Plans

RESOLUTION NO. 2022-69

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA, APPROVING A GENERAL PLAN LAND USE MAP AMENDMENT FOR A 1.08-ACRE PROPERTY FROM LOW DENSITY RESIDENTIAL TO HIGH DENSITY RESIDENTIAL; AND DEVELOPMENT OF A 20- UNIT TOWNHOME PROJECT WITHIN THE CITY OF GUADALUPE, LOCATED AT 4241 LA GUARDIA LANE IN THE CITY OF GUADALUPE, APNs 115-230-013, and -015 WHEREAS, Mr. Lupe Alvarez and Mr. Gustavo Alvarez submitted an application to amend the land use map of the General Plan and a Design Review application to allow construction of 20 two and three-bedroom townhomes; and
WHEREAS, the project was deemed complete for processing on June 21, 2022 and staff has analyzed the project for consistency with applicable Goals and Policies of the 2002 General Plan as well as applicable sections of the Guadalupe Zoning Ordinance; and WHEREAS, the City Council held a duly-noticed public hearing on July 26, 2022, at which time all interested persons were given the opportunity to be heard; and WHEREAS, notice of said hearing was published in the Santa Maria Times at least 10 days prior to the public hearing and was mailed to all property owners within 300 feet of said property; and WHEREAS, after taking public testimony and hearing evidence from City staff, the City Council finds, pursuant to the Notice of Exemption, Exhibit 1, Findings Exhibit 2 and subject to the project’s Conditions of Approval Exhibit 3, all attached to this resolution, that the approval of the Design Review Permit, is consistent with the City’s General Plan, applicable Articles of the City’s Municipal Code, and including findings pursuant to the California Environmental Quality Act; and WHEREAS, the City Council has considered the entire administrative record, including application materials, staff report, the California Environmental Quality Act Notice of Exemption, and oral and written testimony from interested persons.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Guadalupe does hereby find and determine as follows:

SECTION 1: the City Council hereby adopts the General Plan Land Use amendment 2022-001-GPZ to amend the General Plan from Low Density to High Density Residential and approves 2022-002- DR (with conditions) to allow construction of 20 two and three-bedroom townhomes on property located at 4241 La Guardia Lane, APNs 115-230-013, and -015.

SECTION 2: The Planning Department is hereby authorized to make the identified changes to the Official General Plan Land Use Map. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.

ATTACHMENT 1

SECTION 3. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.

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

PASSED, APPROVED AND ADOPTED at a regular meeting on the 26th day of July 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. 2022-69, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held July 26, 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

Notice of Exemption Exhibit 1
To: County Clerk From: City of Guadalupe
County of Santa Barbara 918 Obispo Street
123 E. Anapamu Street Guadalupe, CA 93434
Santa Barbara, CA 93101
Project Title: La Guardia Townhomes
Project Applicant: Lupe and Gustavo Alvarez
Project Location-Specific: 4241 La Guardia Lane, Guadalupe, CA 93434 Project Location-City: Guadalupe Project Location-County: Santa Barbara County Description of Nature, Purpose, and Beneficiaries of Project:

The project includes a General Plan amendment, rezone and Design Review in order to improve a vacant lot and dilapidated house with 20 modern-looking and energy efficient townhomes. The project meets all requirements of the Class 32 CEQA Exemption.

Name of Public Agency Approving Project: Guadalupe City Council Name of Person or Agency Carrying Out Project: City of Guadalupe Exempt Status: (check one)
__Ministerial (Sec. 15268);
__ Declared Emergency (Sec. 15269(a));
__ Emergency Project (Sec. 15269(b)(c));
XX Categorical Exemption. State type and section number: Class 32 (Section 15332) General Exemption (Section 15061(b)(3))
Reasons why project is exempt:

This proposed project is located in an urbanized area on approximately one acre where all services ae provided and no rare or endangered plants or animals are known to exist. After reviewing this minor project completely, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and therefore the activity is not subject to CEQA.

Contact Person: Larry Appel (Area Code) Phone Number/Ext: (805) 287-9494 Signature: Title: Contract Planning Director
Date received for filing at County Clerk’s Office: ________________ (Form prepared March 2018)

EXHIBIT 2, FINDINGS FOR APPROVAL

ALVAREZ GENERAL PLAN AMENDMENT AND DESIGN REVIEW
2022-001-GPZ AND 2022-002-DR

1.0 CEQA Findings

1.1 CONSIDERATION OF THE CATEGORICAL EXEMPTION AND FULL

DISCLOSURE
The City Council has considered the Class 32 Exemption per CEQA Section 15332 together with the comments received and considered during the public review process for the project. The Categorical Exemption has been completed in compliance with CEQA and is adequate for this proposal.

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

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

2.0 Administrative Findings

2.1 General Plan Findings
A. The project is consistent with the General Plan.

With approval of this General Plan amendment, the property would be consistent with the new land use designation of High Density Residential and allow for the rezoning of the property to Multi-Dwelling High Density. The staff report shows that the project is consistent with applicable policies of the General Plan. The density of the project would also be consistent with the proposed land use designation for the General Plan Update.

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

With approval of this General Plan amendment, the applicants would be permitted to construct 20 units which would be consistent with the proposed density of the General Plan Update. Two other projects in the neighborhood have been or will be developed shortly with similar densities of multi-family housing. As such, the project would not be detrimental to the surrounding properties nor the general neighborhood.

2.2 Design Review Findings
Pursuant to City of Guadalupe Municipal Code, Section 18.73.100, a Design Review Permit shall be approved only if all of the following findings can be made:

A. The buildings, structures, and landscaping are appropriate and of good design in relation to other buildings, structures, and landscaping on-site or in the immediate vicinity of the project.

The project site is in a suburban area characterized primarily by residential and agricultural, uses.

The site is currently designated and developed for single-family residential uses. The project, would not exceed two stories and would not exceed the height limitations as established by the zoning code for the new land use designation or zoning. As such, the proposed project would be consistent with the existing visual character and scale of the residential dwellings in the general vicinity. The project would be considered an extension of the surrounding urban landscape.

B. That the development will be compatible with the neighborhood, and its size, bulk and scale will be appropriate to the site and the neighborhood.

The proposed project would increase the total number of residential units on the project site and the overall density of residential dwellings when compared to existing nearby residential dwellings. However, the project would not exceed two stories and would not exceed the height limitations as established by the zoning code, consistent with the existing visual character and scale of the residential dwellings in the immediate vicinity. Additionally, the proposed project includes landscaping treatments within and surrounding the perimeter of the project site, including but not limited to fruitless olive trees, manzanita bushes, coffee berry bushes and parking lot shade trees. The landscaping treatment and solid wood fence would serve to screen the single residential homes on the east and west side of the property. Further, the entire neighborhood is being considered for Medium Density (R-2) as part of the update to the General Plan and subsequent consistency Rezone. Therefore, the project would be consistent with the surrounding neighborhood.

C. There is harmony of material, color, and composition of all sides of a structure or buildings as well as consistency and unity of composition and treatment of exterior elevation.

The proposed units are divided among 10 separate one and two-story buildings that total approximately 22,000 square feet, surrounded by parking areas and an access road that has an access onto Eleventh Street and La Guardia Lane. The buildings would not exceed two stories, consistent with the existing visual character and scale of the residential dwellings in the vicinity.

The tallest portion of the roof line is proposed to be 23 feet while the ordinance allows for up to 35 feet. All buildings would include symmetrical window patterns and balconies utilizing natural

earth tone colors and materials that would blend with the surrounding area and the proposed landscaping.

D. Any mechanical or electrical equipment is well integrated into the total design concept and screened from public view to the maximum extent practicable.

The water, drainage, and electrical improvements will be underground and thus will not be visible from the adjacent public roadways or adjacent residential neighborhood. Additionally, the proposed project includes landscaping treatments within and surrounding the perimeter of the project site, including but not limited to fruitless olive trees, manzanita bushes, coffee berry bushes and parking lot shade trees. These landscaping treatments would serve to screen the residential structures east and west of the site.

E. All visible on-site utility services are appropriate in size and location.

The water, drainage, and electrical improvements will be underground and thus will not be visible from the adjacent public roadways or adjacent residential neighborhood.

F. The grading will be appropriate to the site.

There is very minor grading required to properly redevelop the property. Only about 250 cubic yards would be imported to the site. Therefore, all grading will be appropriate for the site.

G. Adequate landscaping is provided in proportion to the project and the site with due regard to the preservation of existing trees, and existing native vegetation, and adequate provision will be made for the long-term maintenance of such landscaping.

A professional landscape architect has prepared the landscape plan for this project. It includes adequate trees, shrubs and groundcover and encompasses over 11% of the total property. As such, the project is consistent with this finding.

H. The development will not adversely affect significant public scenic views.

This project site does not contain any significant public scenic views.

I. All exterior site, structure and building lighting is well-designed and appropriate in size and location.

The proposed buildings will have downward lighting adjacent to doors, and lighting will be provided in the parking lot utilizing downward diffusers so as not to impact surrounding properties.

J. The proposed development is consistent with any additional design standards as expressly adopted by the City Council.

No additional design standards were required by the City Council.

K. The project architecture will respect the privacy of neighbors and is considerate of solar access.

The project’s 10 residential buildings only cover 25.4 percent of the parcel. The adjacent two residences would not be impacted by the development. As such, the project respects the privacy of neighboring properties.

L. The project will provide for adequate street design and sufficient parking for residents and guests in a safe and aesthetically pleasing way.

The project proposed roadway is consistent with the roadway designs contained in the Guadalupe Municipal Code, and the parking lot is well designed as it contains accessible spaces per code requirements. There is sufficient parking for residents as well as their guests.

M. The proposed development as shown on the project plans is in conformance with all applicable policies of the General Plan and the requirements of this title.

The staff report provides evidence that the project is consistent with applicable goals and policies of the General Plan and is consistent with the zoning ordinance.

EXHIBIT 3

CONDITIONS OF APPROVAL

LA GUARDIA TOWNHOME APARTMENT DESIGN REVIEW
(2022-002-DR)

GENERAL CONDITIONS

1. Project Description: The project consists of 18 2-bedroom units and two 3-bedroom units (one accessible) and the project will provide 20 covered parking spaces and 25 uncovered spaces. Approximately 11.2 percent of the site will be covered in landscaping. Minor grading (import) will be required to prepare the site for construction. An underground stormwater storage system will be utilized to retain water on the project site. Each unit will have a minimum of 200 square feet of private open space. The buildings in this zone district are allowed to be up to 35 feet but this development will limit the height to 23 feet. . The project shall be constructed as shown on Sheets DP1-DP12, dated July 26, 2022. Deviations may require amendments to the permit, including additional CEQA review. Deviations without the above-described approval will constitute a violation of the permit approval.

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

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

4. This Design Review permit shall be rendered null and void if either the General Plan amendment or Rezone are not approved.

CITY ENGINEER CONDITIONS

5. All of the following conditions shall be completed to the satisfaction of the City Engineer prior to issuance of certificate of occupancy, unless otherwise stated herein.

Drawings/Administrative

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

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

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

9. Submit grading and drainage plans, including a geotechnical report providing technical specifications for grading of the site and prepared by a Geotechnical Engineer, to the City for plan checking and comment. Before building permits are issued, address all comments to the satisfaction of the City Engineer.

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

11. The entire site shall be permanently maintained free of accumulated dirt and litter and in an otherwise neat and attractive manner and adhere to the requirements of the City of Guadalupe Municipal Code. Any graffiti on the property shall be promptly painted out.

All landscaping areas in the property shall be permanently maintained with healthy, growing plant material, free from weeds. Dead or dying plant material shall be replaced within one month of plant deterioration. Failure to comply with this condition is a public nuisance and is subject to the adopted citation ordinance of the City of Guadalupe.

Dedication

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

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

Infrastructure improvements

14. Public infrastructure improvements shall be designed and constructed in accordance with the City of Santa Maria standards (adopted by the City of Guadalupe), and the City of Guadalupe standard drawings when available. The decision of the City Engineer shall be

final regarding the specific standards that shall apply.

15. The developer shall obtain an encroachment permit from the Building/Planning Department prior to any work in public streets, right-of-way, or easements. Fee will be waived for the sidewalk and sewer main portion of the encroachment.

Water

16. No certificate of occupancy shall be issued until adequate fire flows are verified.

17. All water meters shall be placed in the parkway, adjacent to the curb. A separate appropriately-sized irrigation meter is required for landscape.

18. For service lines already connected to the utility system, water and wastewater connection fees shall be based solely on an increase in water meter size and shall be calculated and collected prior to installation of the larger meter. For new water meters (except for ADUs) full connection fees shall apply, per the 2022-2023 master fee schedule. The owner shall pay for meter and all connection fees prior to issuance of the Building Permit.

19. Model Water Efficient Landscape Ordinance (MWELO) - include sheet in the plan set demonstrating compliance with MWELO requirements.

Sewer

20. All sewer lines on-site shall be privately owned and maintained. Drawings shall label all privately owned lines as such. Private sewer lines shall tie into the public sewer main using a wye connection. Sewer laterals shall not be connected to the public sewer main with a manhole.

21. Per City of Santa Maria Standard Specifications S – 10, minimum size of sewer main serving multi-residential housing is 8-inch. This sewer main from this development to the lift station on Gularte needs to be upgraded from existing 6-inch main to 8-inch main. The sewer manhole just east of Gularte is to be removed and replaced with a manhole in Gularte so that the sewer lines remain in the asphalt. All public sewer work to be performed in lieu of new sewer connection fees and to be completed before certificate of occupancy is issued.

Storm

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

updates.

23. Tier 4 projects such as this require demonstration that post-project stormwater flows do not exceed pre-project flows for 10-year events.

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

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

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

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

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

29. Prior to final occupancy and if required, a “Storm Water Control Measures Certification of Approval” must be signed and stamped by a California Registered Engineer, Architect, Geologist and/or Landscape Architect and submitted to the City Engineer. A template is available from the City Engineer.

30. Overhead power lines

31. All new and existing electrical, telephone, and communication utility distribution service wires onsite and in adjacent easements shall be placed underground.

Solid waste

32. Provide a trash enclosure and dumpster following City of Santa Barbara trash enclosure guidelines (available upon request).

Street/Sidewalk

33. Provide a continuous 5-foot wide sidewalk from east end of La Guardia along south side of La Guardia and west side of Gularte to create a continuous sidewalk from east and of LaGuardia to 11th St. Sidewalk to be completed before certificate of occupancy is issued.

City to contribute $140,000 from People’s Self-help development fees dedicated to sidewalk installation. Project to be prevailing wage unless otherwise determined.

34. Any future maintenance of improved area north of curb and gutter/valley gutter, including landscaping, parking, and drive approach, required to be performed by property owner.

PLANNING DEPARTMENT CONDITIONS

35. Commencement of work. The applicant shall notify City Planning Department and City Building Department staff of the start date for construction at least 5 working days in advance of the start of work. This notification shall also include an estimated construction schedule and a truck haul route for demolished and recycled materials. The applicant shall also notify City staff of the completion of construction and demolition work no more than one working day upon completion.

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

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

38. Zoning Clearance. No Building Permit shall be issued until a Zoning Clearance has first been issued by the Planning Department.

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

40. Compliance with Conditions. The applicant shall be in compliance at all times with these conditions. If complaints are filed with the City, staff will review the complaints and determine if a meeting with the applicant and complainants can resolve the issue(s). If no resolution is reached, a hearing will be scheduled before the City Council for staff to present a recommendation to resolve the issue(s). The applicant shall be responsible for the fees to cover staff’s time.

41. Construction Hours. The Owner /Applicant, including all contractors and subcontractors shall limit construction activity, including equipment maintenance and site preparation, to the hours between 7:00 a.m. and 5:00 p.m. Monday through Friday. No noisegenerating construction shall occur on weekends or State holidays. Non-noise generating interior construction activities such as plumbing, electrical, drywall and painting (which does not include the use of compressors, tile saws, or other noise-generating equipment) are not subject to these restrictions. The applicant is advised that building inspectors and planning staff will spot check and respond to complaints.

42. Landscaping. Prior to issuance of Zoning Clearance, the applicant shall submit a Final Landscape Plan for review and approval by the Planning Director. Prior to the first occupancy clearance, the project shall have all landscaping planted. Landscaping shall be installed and maintained per the City-approved landscape and irrigation plan and maintained for the life of the project. The type, size, density and configuration of new plants shall be selected to maximize successful establishment and growth to achieve this landscaping objective within a reasonable period of time after installation. Final landscape and irrigation plans shall be submitted by the Applicant to the City for review and approval prior to Issuance of Zoning Clearance. All landscaping and irrigation shall be completed and installed prior to the first Occupancy Clearance of the first townhome unit.

Plant locations may be adjusted in the field (as directed by Planning staff) to achieve landscaping objectives. The applicant shall contact City Planning staff at least 48 hours prior to request for occupancy clearance in order to verify that landscaping and irrigation has been installed according to the approved plans. Failure to comply with the requirement could jeopardize issuance of the occupancy clearance.

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

44. Design Review Expiration. The Owner/Applicant shall obtain the required Zoning Clearance within the 24 months following the effective date of this Design Review Permit.

If the required Zoning Clearance is not issued within the 24 months following the effective date of this Design Review Permit, or within such extended period of time as may be authorized in compliance with Section 18.73.120.B of the Guadalupe Municipal Code, and an application for an extension has not been submitted to the Planning Department, then the Design Review permit shall be considered void and of no further effect.

45. Design Review-Void. This Design Review Permit shall become void and be automatically revoked if the development and/or authorized use allowed by this Design Review Permit is discontinued for a period of more than 12 months, or within such extended period of time as may be authorized in compliance with Section 18.73.120.B of the Guadalupe

Municipal Code. Any use authorized by this Design Review Permit shall immediately cease upon expiration or revocation of this Design Review Permit. Any Zoning Clearance approved or issued pursuant to this Design Review Permit shall expire upon expiration or revocation of the Design Review Permit. Design Review Permit renewals must be applied for prior to expiration of the Design Review Permit.

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

47. Contractor and Subcontractor Notification. The Owner/Applicant shall ensure that potential contractors are aware of City conditions and requirements. Owner/Applicant shall notify all contractors and subcontractors in writing of the site rules, restrictions, and Conditions of Approval and submit a copy of the notice to Planning staff.

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

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

50. In the unexpected event archaeological or paleontological resources are unearthed during project construction, all earth disturbing work within the project area of potential effect (APE) must be temporarily suspended until an archaeologist has evaluated the nature and significance of the find. After the find has been appropriately mitigated, work in the area may resume. A Native American representative should monitor any archaeological field work associated with Native American materials.

FIRE DEPARTMENT CONDITIONS

51. Public Safety Impact Fee. The project applicant shall contribute the necessary funding for emergency equipment and facilities to serve the proposed structure. The applicant shall pay the required public safety fees to the City of Guadalupe as deemed necessary by the City of Guadalupe Fire Department prior to the issuance of a certificate of occupancy.

52. The project applicant shall comply with all adopted 2019 California Fire Codes requirements as well as all adopted code amendments under Guadalupe Municipal Code section 15.08.020 and 15.08.030 at the time of plan review.