August 23, 2022 City of Guadalupe Council Meeting Agenda Page 1 of 4 City of Guadalupe
AGENDA
Regular Meeting of the Guadalupe City Council
Tuesday, August 23, 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 Community Participation Forum or on a specific agenda item, please submit via email to [email protected] no later than 2:00 pm on Tuesday, August 23, 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
August 23, 2022 City of Guadalupe Council Meeting Agenda Page 2 of 4
2. PLEDGE OF ALLEGIANCE
3. 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.
4. 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.
5. 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 August 15, 2022 C. Approve the Minutes of the City Council Regular Meeting of August 9, 2022, to be ordered filed.
D. Approve the agreement for Animal Control Services between County of Santa Barbara and the City of Guadalupe for fiscal years 2022-2027.
E. Approve the Annual Fiestas Celebration Parade scheduled for September 11, 2022, from Club Comité Cívico Mexicano de Guadalupe.
F. Adopt Resolution No. 2022-76 approving an update to the City’s Conflict of Interest Code.
G. Adopt Resolution No. 2022-77 approving the filing of a Notice of Completion for the West Main Street Waterline Replacement Project and authorizing the City Clerk to file it with the County Recorder.
H. Adopt Resolution No. 2022-78 accepting as complete the Public Improvements required for Tract 29,061 (Lot 5N) of the Pasadera Development (DJ Farms) and authorize the release of the remaining cash funds deposited to secure construction of the required public improvements.
August 23, 2022 City of Guadalupe Council Meeting Agenda Page 3 of 4 I. MONTHLY REPORTS FROM DEPARTMENT HEADS
1. Public Safety Department:
a. Police Department report for June and July 2022
b. Fire Department report for July 2022
c. Code Compliance report for July 2022
2. Human Resources report for July 2022
3. City Treasurer’s report for July 2022
4. Recreation and Parks report for July 2022
6. CITY ADMINISTRATOR REPORT: (Information Only)
7. DIRECTOR OF PUBLIC SAFETY REPORT: (Information Only)
8. MAYOR’S REPORT- UPDATES
REGULAR BUSINESS
9. Approve the Cooperative Dispatch Agreement with the Santa Barbara County Fire Protection District.
Written report: Michael Cash, Director of Public Safety Recommendation: That the City Council:
a. Receive a presentation from staff;
b. Adopt Resolution No. 2022-79 approving the Cooperative Dispatch Agreement with the Santa Barbara County Fire Protection District.
10. FUTURE AGENDA ITEMS
11. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS
SUCCESSOR AGENCY
12. ADJOURNMENT TO THE SUCCESSOR AGENCY BOARD MEETING
13. Biennial Update to Successor Agency Conflict of Interest Code.
Written report: Wendy Stockton, Assistant City Attorney Recommendation: That the Successor Agency adopt SA Resolution No. 2022-02 updating its Conflict-of-Interest Code and rescinding Resolution No. 2014-01.
14. ADJOURNMENT
August 23, 2022 City of Guadalupe Council Meeting Agenda Page 4 of 4 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 18th day of August 2022.
________________________
Todd Bodem, City Administrator
PROPOSED FUTURE CITY COUNCIL AGENDA ITEMS
Council Meeting: Date and Subject Department Agenda Category Tuesday, September 13, 2022, at 6:00 pm / Regular Meeting Pasquini Lease Agreement – WWTP Effluent spray field Public Works Department Consent Calendar July and August 2022 Financial Report Finance Department Consent Calendar Master Fee Schedule CPI Finance Department Consent Calendar Central Coast Processing – 151 Obispo CUP Planning Department Public Hearing Le Roy Park Phase II Public Works Department Regular Business Tuesday, September 27, 2022, at 6:00 pm / Regular Meeting Tuesday, October 11, 2022, at 6:00 pm / Regular Meeting Other Unscheduled Items Proposed
Date of Item
Department Agenda Category
Tree Ordinance Public Works New Business
Sidewalk Vending Ordinance Planning Department New Business Vacant Property Ordinance Administration Dept New Business 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
Rent Stabilization New Business
Todd Bodem
.,
Prepared
Agenda Item No. 5B
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of August 23, 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 August 15, 2022, to be approved for payment by the City Council. Subject to having been certified as being in conformity with the budget by the Finance Department staff.
That the City Council review and approve the listing of hand checks and warrants to be paid on August 24, 2022.
BACKGROUND:
Submittal of the listing of warrants issued by the City to vendors for the period and explanations for disbursement of these warrants. An exception, such as an emergency hand check may be required to be issued and paid prior to submittal of the warrant listing, however, this warrant will be identified as "Ratify" on the warrant listing.
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August 9, 2022 City of Guadalupe Council Meeting MINUTES Page 1 of 14
MINUTES
City of Guadalupe
Regular Meeting of the Guadalupe City Council
Tuesday, August 9, 2022, at 6:00 pm
City Hall, 918 Obispo Street, Council Chambers
1. ROLL CALL:
Council Member Liliana Cardenas
Council Member Gilbert Robles
Council Member Eugene Costa Jr.
Mayor Pro Tempore Tony Ramirez
Mayor Ariston Julian
The meeting was called to order at 6:00 p.m. All were present. (Note: The abbreviation “CM” will be used for Council Member in these minutes.)
2. PLEDGE OF ALLEGIANCE
3. AGENDA REVIEW
At this time the City Council will review the order of business to be conducted and receive requests for, or make announcements regarding, any change(s) in the order of business.
There were no changes to the order of the agenda.
4. PRESENTATION
• Santa Barbara County Public Health Department – Animal Shelter and Field Services Presentation.
Paige Batson, Deputy Director, Santa Barbara County Public Health Department, and Suzanne Jacobson, Chief Financial Officer, gave a brief background on the reasoning behind the increase in the costs for the five-year agreement. On May 18, 2021, the Santa Barbara County Board of Supervisors (Board) approved the Animal Services City Contracts for FY 2021-2022. Staff was directed to develop “Full Cost Recovery”, eliminating Tobacco Settlement ad County General Fund support. The Board wanted to see the report prior to the cities seeing it, and the Board wanted to give direction to Animal Services (AS).
On July 12, 2022, Todd Boden brought the contract here to the City council. The contract allows for a gradual phase out of the General fund over the five-year period. Tobacco settlement support remains. There is an annual cost of living increased capped at 2.5%, also over the five-year term. No adjustment for population growth.
Agenda Item No. 5C
August 9, 2022 City of Guadalupe Council Meeting MINUTES Page 2 of 14 Ms. Batson spoke about the live intakes since year 2019. There’s been a decline in such intakes due primarily to the pandemic. In 2022 they will be closer to the 2019 levels. This year there have been a drop in calls. For example, in 2019, there were a total of 213 calls, whereas in the first six months of this year, there have been 58 calls. This is primarily due to a smaller number of animals, less need for investigations and animals staying with families.
On August 7, 2022, there was a pet wellness clinic offered in Guadalupe at City Hall. Another one is planned for November of this year, too. Specific services provided at these collaborative events in Guadalupe are issuing licenses, having microchips inserted, spays/neuters and vaccinations. In December 2019, there was a total of 108 animals seen at these types of events with a decline in 2020 and most of 2021. Towards the end of 2021, however, there was a bit of a spike with the first postCovid event held.
CM Robles asked if Animal Services had regular days to visit and patrol in Guadalupe. Ms. Aubree Gonzalez, Field Supervisor, said, “Patrols are very low priority. There are so many priority calls that we’re not able to just patrol at this time.”
CM Costa, Jr. then asked, “How any officers are there assigned to Guadalupe?” AS responded, “Currently there are five (5) officers…two (2) were just hired in the last few months. We have capacity for nine (9).” CM Costa, Jr. continued, “When fully staffed, can you respond to calls on a 24/7 basis?” AS said, “Calls after midnight are low…we can’t justify going out. We do need quicker response time, though.” CM Costa, Jr. further explained that the Board is asking the City to pay more, so what increased services will AS be providing? AS said, “We do have interviews going for more field staff. Our first responsibility is for public safety. Our priorities are animal bites, abuse, etc. Yes, we know there are deceased animals that we can’t get to right away.” More questions from CM Costa, Jr. He asked, “What are the hours of operations for officers to be available? Residents go out walking and need to carry a stick. How will they be protected?” AS said, “We don’t have a 24-hour response. Guadalupe residents reach out to the County dispatchers who has a list of AS staff with phone numbers. For stray animals, like dogs running around? Office is closed after 5pm. A report could be made online with follow-up later and listed on reports as ‘notin-progress’.” Ms. Batson then spoke about the Animal Services Advisory Council. It meets on a monthly basis, with two (2) meetings already held. The members are stakeholders concerned about animal welfare and animal services. It’s an advisory body…they don’t set policy. CM Cardenas asked, “Is the advisory council open to anyone who wants to participate? Are meetings open?” Ms. Batson said, “They’re public, on zoom. You can go to the website, join in and listen to the meetings. The minutes and agenda are published. The actual council and its members have been set. We had asked for applicants…we blasted on social media to see who wanted to participate. We had about 40 applicants The Council is full with six (6) members, I think now. She mentioned giving Mr. Bodem the link for the meetings.
CM Ramirez raised his concerns and questions. He said, “Continuing on with the coordination with the Advisory Council. Costs are increasing. Can there be there more representation for cities? Guadalupe is disadvantaged due to geographics/location. Putting things ‘on blast’, social media isn’t successful here in our area. We find that sending flyers/information in our water bills or to our August 9, 2022 City of Guadalupe Council Meeting MINUTES Page 3 of 14 on-profit groups…those thing work. But we’ve been successful with other agencies, like our broadband provider…with Waste Management. Other cities are also feeling the shock, like their hands are tied behind their backs. Really felt like sticker shock. When we saw the contract, we were surprised.” Ms. Batson commented, “We made an effort as best as we could. Going forward, we’ll meet quarterly to talk about the contract and our services. I’m the Interim Animal Services Director until a full-time Director is hired. We invite you to join our advisory council meetings. Come and talk to us on any issues, whether specific to Guadalupe or not. Transparency is important. If there had been more communication, there’d been less sticker shock.” CM Ramirez asked if there are any grant opportunities to help with this cost explaining that the 2.5% COLA increase will ‘eat up’ the City’s budget? Ms. Jacobson said, “We have a grant team. AS had been active getting grant services. We’re looking for operating grants and beefing up our donation program.”
CM Ramirez then asked about ‘outreach’. He said, “Establish an ‘ambassador program’. Have residents advocate for AS and talk about their services. Residents can disseminate information about the services provided.” Ms. Jessica Ortega, Community/Outreach Services, said, “We’ve talked about coordinating with Guadalupe on city events to include AS.” Mayor Julian added, “Card-4-Paws has participated in our Food Bank Program for over 2.5 years. Guadalupe is an animal friendly community. You have a lot of support from our community and from those outside the community.” Ms. Jacobson added, “AS contributes money to Care-4-Paws to put on their events, like the one just held on August 7th. There were about 105 animals seen at this event. We’re strong partners with them.” Additional comment from AS was that there is a lot of opportunity to hold events out here in Guadalupe.
Mr. Bodem then said that he’d bring the agreement back to the City Council for the next meeting.
Mayor Julian asked if the public had any comments on the subject. Ms. Jeannie Mello said that AS has done a fabulous job…she has rescued 42 dogs…and added that there is a problem with stray dogs…it would be helpful if AS was here in the community more.
An email was received on this subject:
Lee Heller to CM Robles regarding the Animal Services contract…dated August 8, 2022.
I’m not able to attend tomorrow event’s council meeting at which you will hear a presentation about animal services in relation to the city’s contract. But I did want to share a few thoughts with you as someone who has been dealing with local municipalities and animal control contacts for many years.
I am very sympathetic to the frustration of the contract cities as the county increases prices without increasing services. It doesn’t seem fair, even if in fact the county is trying to do cost recovery after subsidizing some of the cities. A number of us did push the board of supervisors very hard to keep cost recovery to a minimum and spread it out over several years. They heard us and that is what they did.
August 9, 2022 City of Guadalupe Council Meeting MINUTES Page 4 of 14 I wish I could tell you that there was an affordable alternative that would meet the need but there is nothing at this point. The City of Carpinteria, which some cities have looked at as an alternative because they no longer have a contract with the county, is barely hanging on. I am their only foster home and they do not have enough cage space or resources to deal with the animals that come in.
And they are a more stable and better resourced city. Further, today, when veterinarians are so busy, it’s very unlikely that a veterinarian would agree to a contract as a shelter service provider, so I don’t see that as a viable option for Guadalupe.
I’m also concerned that Guadalupe will get poor service should the city try to contract with the Santa Maria Valley Humane Society. Their service is notoriously poor as is their treatment of their employees; any cost savings they offer would come off the backs of underpaid employees who have been quitting in large numbers. That’s not a recipe for adequate service provision. At this point they also don’t have a field service operation which means that if you don’t contract with the county, you will not have qualified people to enforce the codes. The police really don’t like to do it! If there’s any comfort, the animal community has pushed hard on the county to improve services and programs and they are listening. They have formed a new Advisory Council composed of stakeholders who are working closely with animal services leadership to improve programs and services. Your staff can attend those meetings to see what’s going on and share their concerns. I would encourage you to ask tomorrow night during the presentation about that process and how Guadalupe might participate.
I hope the city will renew its contract with the understanding that we are working to make sure that the contract partners get their money’s work. For those of us in animal welfare, this is a top priority! Sincerely,
Lee E. Heller, Ph.D., J.D.
Santa Barbara, CA
5. COMMUNITY PARTICIPATION FORUM
Ms. Virginia Navarro and Ms. Diana Arriola spoke about the upcoming “Day of Hope” on Wednesday, August 17th. There will be volunteers are the corner by the cemetery, by the granite company and in front of the post office. Ms. Navarro said, “We’re Team Guadalupe. The event starts at 7:00 a.m. and runs through 10:00 a.m. Then at 11:00 a.m. there will be a car cruise in Santa Maria at the fairgrounds…along Broadway…Main Street…then to Mission Hope. It’s $1.00 for a newspaper.
We’re leaving flyers if people want to donate. Diana Arriola is my captain on the northside of town and I’ll be on the southside of town. We’ll have 15 volunteers. They’ll be an insert in Spanish in the newspaper. This is the ninth year of the event and my 8th year. First time doing this in Guadalupe.
All monies donated go to Mission Hope Center. There’s a program at Mission Hope that gives monies to patients in need. Like if someone doesn’t have monies for gas for transportation to Mission Hope for treatment, you can apply to this program for those funds. And the monies come from this.
Ms. Arriola added, “We want to thank Chief Cash for making arrangements to have this event at the designated sites here in Guadalupe. I’m pleased and blessed to say that I am a fighter and a survivor, August 9, 2022 City of Guadalupe Council Meeting MINUTES Page 5 of 14 and I want to be an advocate. There are a lot of times that families don’t know where to go or what to do in times of need. I think we need to get out there and help with those problems. I’ve lived in Guadalupe just about all my life. I want to do whatever I can for Guadalupe. And this is a steppingstone for this particular project. I hope to see a lot of you out there. Thank you for your time.
Kelly Cable and Jeannie Mello: Ms. Mello briefly mentioned that she was with Ms. Cable who had not spoken to the Council before. Ms. Cable then said, “I’m here to talk about H2A workers. I’m a new resident…three years living on lower Pioneer Street. H2A housing wasn’t there when I moved in, and it wasn’t disclosed when I bought my home.
For a while, there were no problems but there’s been a recent disruption. Large buses are coming now. Last year, one went into one of the driveways. I live across the street. Buses are parking right in front of my driveway and letting off up to 5 to 50 people there. It’s disruptive to my dogs. Buses pick up at 5:30 a.m. It’s loud with large buses coming. It’s a bit disruptive. I don’t know who to talk to about all of this. There’s a language barrier there, of course. I just wanted to bring this up to see if there’s some organization or some management that the public could call if they had an issue. I haven’t had any issues but that’s all I wanted to bring up.” Mayor Julian mentioned that there is a manager of that area. Ms. Cable said, “The period when it’s busy is around April to November…otherwise, it’s quiet. The mayor then said, “Staff heard you. We’ll connect you with someone to speak to about this.” Chief Cash added, “if possible, you can contact my office tomorrow. The management company is receptive to these types of issues. If we let them know there are concerns, they will definitely work with us.”
6. 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 August 1, 2022 C. Approve the Minutes of the City Council Regular Meeting of July 26, 2022, to be ordered filed.
D. Adopt Second Reading of Ordinance No. 2022-503 amending the Official Zoning Map to Rezone a 1.08-Acre Area located in the Gularte Tract from Single-Family Residential (R-1) to Multiple-Dwelling High Density (R-3) located at 4241 La Guardia Lane between Eleventh Street and La Guardia Lane, APNs 115-230-013, and 015.
E. Adopt Resolution No. 2022-72 approving the Cost Allocation Plan for Fiscal Year 2022-23.
August 9, 2022 City of Guadalupe Council Meeting MINUTES Page 6 of 14 F. Adopt Resolution No. 2022-73 approving revisions to the City of Guadalupe Microenterprise Financial Assistance Guidelines to add in the newly developed components.
G. MONTHLY REPORTS FROM DEPARTMENT HEADS
1. Planning Department report for July 2022
2. Building Department report for July 2022
3. Public Works Department / City Engineer’s report for July 2022 Mayor Julian pulled Item #6.F. Motion was made by Council Member Costa, Jr. and seconded by Council Member Cardenas to approve the balance of the Consent Calendar. 5-0 Motion passed.
Item #6.F. Adopt Resolution No. 2022-73 approving revisions to the City of Guadalupe Microenterprise Financial Assistance Guidelines to add in the newly developed components.
Nicole Segovia from Los Amigos de Guadalupe answered questions relating to this matter. Mayor Julian asked, “How many participants are there?” She said there are 18 clients, eight (8) graduated from the class successfully. We’re going to be starting the second round of classes which we are hoping will be Spanish based.” The mayor also asked, “What impacts do you see at this point?” Ms.
Segovia said, “Clients feel more prepared to start their businesses. I’ve been seeing them weekly to prepare them to turn in their applications and be ready to open their doors. We’re currently doing grants not loans. We plan to have loans in the future, but the grants are up to $10,000 per individual.” CM Cardenas added “We had loans but with what that program would entail, we don’t have the staff or the time to help with that. Also, a lot of the participants were looking for more financial relief from COVID. So, we made the decision to move way from loans for just this year and have more of a grant program and financial assistance, if they finish the technical assistance program and the classroom.”
Motion was made by Council Member Ramirez and seconded by Council Member Costa, Jr. to approved Resolution No. 2022-73 approving revisions to the City of Guadalupe Microenterprise Financial Assistance Guidelines to add in the newly development components. Ayes: 4 Nos: 0 Abstain: 1 4-1 Motion passed.
Note: Prior to the council members voting on this motion, City Attorney Sinco mentioned that CM Robles had taken the microenterprise class and should abstain from voting which he did.
7. CITY ADMINISTRATOR REPORT: (Information Only)
Mr. Bodem reported the following:
-a flyer was received from Melanie Becker from the Lions Club. On Saturday, August 13th, from 8:00 a.m. to 2:00 p.m., there will be free vision screening and free recycled eyeglasses. This service will be held at Mary Buren Elementary School, 1050 Peralta Street, in Guadalupe. The flyer will be posted on the City’s website.
August 9, 2022 City of Guadalupe Council Meeting MINUTES Page 7 of 14 -Working with City Attorney Sinco and an outside group to handle RDA properties, regarding disposition, including the “Al’s Union” property.
-Mayor Julian mentioned here at the Community Changers would be having an event, believed to be on August 19th at Le Roy Park but said he’d get more information.
8. DIRECTOR OF PUBLIC SAFETY REPORT: (Information Only) Chief reported on two items:
-Vandalism at Le Roy Park – the City Council already approved surveillance camera but there are WIFI and storage issues. Mayor Julian added here that at Le Roy Park, working with the Boys & Girls Club, providing camera and WIFI…need to coordinate.
-Email received from Kiwanis Club regarding the Christmas parade. Will need to schedule a meeting but told them to get started on the Cal Trans application paperwork.
9. MAYOR’S REPORT- UPDATES
Mayor Julian said, “The information’s there in the report. Todd Bodem is the one who puts it together for each meeting.”
PUBLIC HEARING
10. Public Hearing to consider 2021-047-PA a Use Determination for Wine Tasting and Event Center Facilities within the General Commercial (G-C) Zone District.
Written report: Larry Appel, Planning Director
Recommendation: That the City Council:
a. Receive a presentation from staff; and
b. Conduct a public hearing, including: 1) an opportunity for the applicant to speak, 2) receive any comments from the public.
c. Adopt Resolution No. 2022-74 and find that Wine Tasting and Event Center facilities in the General Commercial (G-C) district are similar in use and consistent with the purpose of the zoning district, provided that any event center facility with outdoor events is approved with a conditional use permit (CUP).
Mr. Appel briefly summarized that there are two (2) properties owned by Brooks Van Wingerden, in discussion: 945 and 941 Guadalupe Street. One property is intended to use as a wine tasting facility, highlighting local wines from both Santa Barbara and San Luis Obispo Counties. The second property would be an event facility, allowing for private parties in the building, and outside in the building’s rear yard area. Examples for indoor use would be baby showers, bridal showers, corporate events and supper clubs. For the outside area, examples might be wedding venues for up to 150 people.
August 9, 2022 City of Guadalupe Council Meeting MINUTES Page 8 of 14 Mr. Appel said that staff is prepared to sign off on a application for a liquor license. For the event facility for outside use, that would move into needing a Conditional Use Permit (CUP). He mentioned that the Guadalupe Cultural Center had been approved for only inside uses. If the property owners wanted to develop the event facility for only use inside, only permitted use but if there will be outside use, a CUP is needed. Mr. Appel added, “If the City Council wants inside and outside only for permitted use, then the resolution needs to be changed which could happen tonight.” Public Hearing opened at 7:03 p.m.
The property owner, Brooks Van Wingerden, introduced her business partner and interior designer, Lexie Bell. Ms. Van Wingerden explained that their business would be known as the ‘Guadalupe Social Club’. She said, “We’d have a permanent wine bar. The secondary property would be used to host small events. We have 20 years in farming here. My husband and I worked in the wine industry for 13 years. We’ll bring top quality wine to the area. It’s also important that kids be on the premises.
COVID changed how wine tasting occurs.”
She added, “We shouldn’t have to be paying additional fees which will delay development. You don’t need a CUP for other facilities. We have license like restaurants have which are not subject to CUPs.
We want to open without having to pay fees for a CUP.”
CM Cardenas asked, “They need a CUP if they have outdoor use of their facility or facilities?” Mr.
Appel said, “That’s what the Building Code would allow. When they move to the outside, with events up to 150 people, they should have conditions, such as our asking for a parking plan so there won’t be negative impact on their neighbors, etc.”
CM Costa, Jr. asked, “What is the difference between this and the Guadalupe Café that have courtyard for events and eating in that general area?” Mr. Appel said, “Restaurants house so many seats. We’ve not been asked…approved by zoning and the Fire Department for seating.” Ms.
Wingerden said that they have one-half an acre and per the Fire Department, could have up to 1,000 people.
The mayor then asked Mr. Appel how much does a CUP cost? Mr. Appel said that with a minor CUP, there’s a $1,500 deposit. He added, “This seems straightforward. If I saw all plans, we could get this done in approximately four (4) weeks. It would be exempt from CEQA. Noticing would take some time. You could get started with inside uses and later get the CUP.” The mayor asked about a storage unit in the back of the property. Ms. Wingerden said that it is still there and used for lounge furniture. Another question from the mayor was how far back did the owners intend to go? Ms. Wingerden said, “We’ll use the back parcel. CUP is an additional cost but also figuring parking plan…getting site layout and plans…need to hire someone to do that. We’ll keep going. Start inside? We want to use back space and make it great and a place to go.” Mayor Julian said, “Parking is an issue here in town. There’s the Far Western Tavern parking, the Veterans Memorial Building…always have a problem with number of parking spaces based on square August 9, 2022 City of Guadalupe Council Meeting MINUTES Page 9 of 14 footage.” Mr. Appel added, “If you’re not wanting to pay additional design costs, get a draftsman…put uses on draft…doesn’t have to be fancy.”
City Attorney Sinco said, “One advantage of a CUP with law/code enforcement – if there’s potential for conflict, it’s permitted use; if CUP with conditions, car limit activities, size, etc., we could pull the CUP. This gives the City more control.”
CM Ramirez then said, “Thank you for considering opening. New businesses are needed in our town.
We’ve had growing pains about growing the ‘Guadalupe Corridor’. How will your project going to look at other business around, like the Royal Theatre, cannabis shops, etc. A CUP ties into that. If our community-based companies are held to certain standards, we should hold businesses to same standards.”
Mayor Julian added, “There may be a lot happening here in town. In six (6) years, we’ll have the Royal Theatre finished. In six to seven years, the Dunes Center (Far Western Tavern). Cannabis dispensaries. This is something different to do for our town. In Los Alamos, there’s a lot of interest in wine tasting. Taylor Farms sent a letter supporting this wine tasting business effort. There should be a way to move forward.” City Attorney Sinco added, “It’s permitted or conditional? It’s up to the City Council. Whatever action will apply to all until a change in zoning. If change in operations, continued…no need for change. If business is sold, need to bring to current code…need parking plan.”
The mayor said that we have the Veterans Memorial Building parking…reciprocal agreements…something with the Dunes Center. Ms. Wingerden said, “There’s a large lot that’s next to us where I see people park that’s owned by the City.” The mayor said, “RDA only owns a small portion of that lot. The rest of the lot has another owner. I think we’re stuck on CUP issue. I’d rather move forward without CUP for inside and outside uses.”
There was one request to speak – Gustavo Alvarez: I give you a lot of credit. You purchased the land. The Veterans Memorial Building has four (4) parking spaces. People park there. Events are going to bring disposable income here. Give total support…but I don’t support a CUP.
CM Robles said that he liked the idea of wine tasting here and asked about hours of operation, future events, etc. Ms. Wingerden said, “To start, Thursday to Sunday, noon – 9:00 p.m. Wine tasting outside. We can see music added…make it a destination to come to. Most people say that Guadalupe is a cool place. If it works, let us know.”
CM Cardenas asked, “Did we require the Guadalupe Cultural Center to have a CUP?” Mr. Appel said, “They have a design review…no CUP…limited number of people…hours of operations…parking plan.
No uses outside…conditions for inside only.” City Attorney Sinco added, “Required a design review because of building code…but wasn’t a CUP. It’s not a concern if the City Council requires a CUP for the wine tasting and not the Cultural Center. It’s okay.” August 9, 2022 City of Guadalupe Council Meeting MINUTES Page 10 of 14 An email was received on this item:
From Julianne Hill to Mayor Julian, regarding “Guadalupe Social Club”, dated August 9, 2022 Dear Mr. Mayor and Council Members,
I wanted to write a letter in support of Guadalupe Social Club and their project here in town. I realize that tonight you are considering whether to require their business to obtain a Conditional Use Permit, which delays their plans as well a adds additional costs to their budget. As part of our community, I feel that a venue like this is needed for businesses like ours to host seminars, training, corporate retreats, and events as well as utilize restaurants in town for catering. Their business scope falls within the allowed use already in place for this zone. The faster Guadalupe Social Club can open, the faster the city and other businesses will start to see an increase in revenue from their business operations.
Sincerely,
Julianne Hill Taylor Farms Retail, 4575 W. Main Street, Guadalupe, CA 93434 Public Hearing closed at 7:37 p.m.
Mayor Julian said, “Positive side. New type of activity that will help our downtown area. Problem now is the CUP, not necessarily parking.” CM Costa, Jr. said, “If the Cultural Center wants to talk about their conditions, two different situations.” CM Robles said, “When I go to the San Luis Obispo Farmers Market, I use the downtown bank parking. Don’t know if there’s an agreement…same as in Avila. Park where you can find parking. Open parking downtown every day.” City Attorney Sinco said, “The resolution is drafted. If there’s a motion that’s different, I can make changes now.” Mr. Appel added, “Section 2 of the resolution could be changed if no CUP is required.” City Attorney Sinco asked about timing for changes to the zoning code. Mr. Appel said, “Sometime this fall. I’ll stay another year to work on specific items. It would be legal non-conforming to not have CUP for the event facility.”
Motion was made by Council Member Ramirez to approve Resolution No. 2022-74 as written requiring a Conditional Use permit. There was no second to the motion.
Motion was made by Council Member Gene Costa, jr. and seconded by Council Member Robles to approve Resolution No. 2022-74, amending Section 2, not requiring a Conditional Use Permit.
Roll Call: Ayes: 4 Nos: 1 (Ramirez) 4-1 Motion passed.
Mr. Appel gave City Attorney Sinco the amended language in Section 2 of the resolution.
REGULAR BUSINESS
11. Housing Element Update (6th Cycle) Options.
August 9, 2022 City of Guadalupe Council Meeting MINUTES Page 11 of 14 Written report: Larry Appel, Planning Director
Recommendation: That the City Council:
a) Identify $248,000 in the General Fund to cover the cost of preparing a 6th Cycle Housing Element and direct staff to prepare a contract utilizing EMC Planning Group to accept their proposal and sign a contract for services; or
b) Continue this item to a date certain for further discussions regarding the funding of the Housing Element update; or
c) Continue this item to a future date in order to allow staff time to obtain a proposal from Cal Poly; or
d) Drop the item and don’t update the Housing Element until funding is available.
Mr. Appel gave a brief background on this item. In 2019, the City council adopted the 2019-2027 Guadalupe Housing Element that had been prepared by Cal Poly students but with no assistance from the Planning Director. Two months ago, it was learned from the Santa Barbara County Association of governments (and confirmed by the state Housing and Community Development, or HCD) that our Housing Element was a 5th cycle document which should have been adopted back in 2015. The 6th Cycle deadline for all agencies within Santa Barbara County is February 2023, with a four-month grace period to June 2023. We also became aware of a Community Development Block Grant (CDBG) that was available for up to $250,000. The deadline for applying is August with a lengthy review and approval process for funds to probably be distributed. With our timeline being tight to prepare the 6th Cycle Housing Element, we asked CDBG staff in Sacramento if we were successful in obtaining the grant, could we reimburse ourselves for the costs to date. CDBG said no to our request. There were no other funding sources at that point.
A Request for Proposal (RFP) was sent out with one firm responding, EMC Consultants, the same firm preparing our General Plan Update and our CEQA document. The estimated cost for the planning effort was $248,000. With the City’s budget being tight, requesting the Council to approve these funds wasn’t feasible. Mr. Appel said that the HCD needs additional tasks included in the update.
He added, “With all that’s required to prepare the update and submit to HCD, we wouldn’t be able to finish within the remaining time for Santa Barbara County jurisdictions. If we can’t get the document done by the due date, we can’t apply for additional grants. We need to find funding to work on the project and submit, even if it might be up to six (6) months late. We could go back to Cal Poly to see if they’d be willing to give the City a proposal.” CM Ramirez said, “At this point, the Cal Poly option may be the best. We could then apply for additional grants.” CM Costa, Jr. said, “Try to go with Cal Poly. $250,000…we don’t have that in the budget…consequences are too high if we don’t get this done.” CM Robles then said, “Agree that going with Cal Poly is a good option.”
CM Cardenas asked, “Time was an issue. If we went with Cal Poly, would there still be an issue with time?” Mr. Appel said, “Yes, about six (6) months…will put us past the deadline but we’ll be doing our due diligence. May mess up our opportunities to apply for grants.” August 9, 2022 City of Guadalupe Council Meeting MINUTES Page 12 of 14 CM Ramirez asked, “Are there any ARPA funds for Cal Poly? Seed money?” Ms. Lorena Zarate, Finance Director, said, “yes, maybe how we’re using ARPA or planning to use it.” Mr. Bodem added, “Maybe $5,000 to $10,000 for Cal Poly.” Ms. Zarate said, “$10,000 is more doable…reworking some of the line items for ARPA.”
CM Ramirez added, “It wasn’t that Cal Poly was bad…we got quality for what was given them. We learned our lesson.” Mr. Appel said, “There was no planning oversight.” Mr. Bodem said that the last one passed the test through HCD.
Mayor Julian said, “Looks like the consensus is to go with Cal Poly. A proposal from Cal Poly will go before the Council if Cal Poly agrees.”
12. Establishment of fees for Short-Term Rentals.
Written report: Philip F. Sinco, City Attorney
Recommendation: That the City Council adopt Resolution No. 2022-75 establishing fees for the initial registration and annual renewals for all short-term rentals and for an administrative use permit application imposed for unhosted short-term rentals. (Note: Mr. Appel had been present via zoom for the public hearing only. City Attorney Sinco mentioned that the short-term fees proposed in this item were based on Mr. Appel’s recommendations.)
The City Council adopted a short-term rental ordinance (on second reading) at its meeting on January 25, 2022. The ordinance included a three-month amnesty period to allow owners and operators of short-terms rentals to take steps to bring their rentals into compliance with the provisions of the ordinance. That three-month period ended on or about May 24, 2022.
An Administrative Use Permit (AUP) form was on the books but had not been enforced. It can now be used for other purposes, in the future. This AUP form is to be used for short-term rentals, specifically for “unhosted” rentals. Two fees are needed to cover staff time and registration: 1) $180, initial registration fee and annual renewal fee (which is the same fee as for a zoning clearance fee) and 2) $394 for an AUP application (which is the same fee as for a minor pre-application review.) City Attorney Sinco said that staff could notify the City Council and request necessary adjustments to these fees if deemed that the fees are more or less than the reasonable staff time to process items.
Motion was made by Council Member Ramirez and seconded by Council Member Costa, Jr. to approve Resolution No. 2022-75 establishing fees for short-term rentals. Roll Call: Ayes: 5 Nos: 0 5-0 Motion passed.
13. FUTURE AGENDA ITEMS
CM Ramirez: “Rent Stabilization” – put on “Other Unscheduled Items’.
August 9, 2022 City of Guadalupe Council Meeting MINUTES Page 13 of 14
14. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS
CM Ramirez:
-will not be present at the August 23rd Council meeting -first ever Allan Hancock Board of Trustees meeting will be here in City Hall. The Board is trying to hold meetings at different locations. The Mayor’s Report has details. -last Friday, Los Amigos de Guadalupe coordinated with all non-profit groups…about 25 people from Guadalupe and outside with a goal to look at sharing resources. Hannah Fuentes and CM Ramirez were the City’s representatives. There were a lot of people at higher levels attending.
CM Cardenas: will not be present at the August 23rd Council meeting.
CM Costa, Jr.: tomorrow, Wednesday, be vigilant in the morning…school starts in the community.
Mayor Julian:
-met with the Affordable Housing Group. Escalante Court…a lot in building but not enough housing being built. Where do people live? Major problems in all areas: cost of housing and lack of housing.
15. ADJOURNMENT TO CLOSED SESSION MEETING
The meeting is being adjourned to closed session. Item to be discussed: Public Employee Performance Evaluation (Subdivision (b) of Government Code section 54957) Title: City Administrator.
Motion was made by Council Member Costa, Jr. and seconded by Council Member Ramirez to adjourn to closed session. 5-0 Motion passed. Meeting adjourned to closed session at 8:11 p.m.
CLOSED SESSION
16. Public Employee Performance Evaluation
(Subdivision (b) of Government Code section 54957)
Title: City Administrator
17. ADJOURNMENT TO OPEN SESSION MEETING
Motion was made by Council Member Ramirez and seconded by Council Member Cardenas to adjourned to open session. 5-0 Motion passed. Meeting adjourned to open session at 9:20 p.m.
18. CLOSED SESSION ANNOUNCEMENTS
No reportable action
19. ADJOURNMENT
August 9, 2022 City of Guadalupe Council Meeting MINUTES Page 14 of 14 Motion was made by Council Member Ramirez and seconded by Council Member Cardenas to adjourn. 5-0 Motion passed. Meeting adjourned at 9:21 p.m.
Prepared by: Approved by:
___________________________________ _____________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
Agenda Item No. 5D
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of August 23, 2022
_______________________________
Prepared by:
Todd Bodem, City Administrator
SUBJECT: Agreement for Animal Control Services between County of Santa Barbara and the City of Guadalupe – Fiscal Years 2022-2027
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 the City of Guadalupe for Fiscal Years 2022-2027.
BACKGROUND
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. While significant as a percentage increase over the costs of services for the current fiscal year (4.5% the first year, and variable increase estimated at 6% to 6.5% for each of the next four years), the overall dollar value is not compelling enough to warrant other animal control options at this time. The past few years have seen very small increases to the Animal Control Services contract, with increases for the past two years being less than the Consumer Price Index (CPI), or about 2% each year prior. The opportunity to phase in (and lock in) cost increases over the next several years allows the City to adequately plan for and budget increased costs.
The Agreement provides that the County’s Division of Animal Services shall perform both field and shelter services including, but not limited to, impounds, shelter boarding, euthanasia, injured animal care, dead animal pick-up and disposal, code enforcement, and twenty-four-hour emergency service requests.
All other terms and conditions remain the same as in the Agreement for Animal Control Services for Fiscal Year 2021-2022. After speaking to the Public Safety Director and some of the city staff, they indicated that the services provided by the County have been satisfactory in providing animal services control, however, noting that sometimes it is difficult the reach them immediately. More concerning for the city is the cost for these services in recent years let alone the higher rate of increase accelerating in the years ahead.
At the July 12, 2022, City Council meeting, Council listened to a report given by the City Administrator stating that the County Board of Supervisors is pursuing full cost-recovery based on population with the County’s contracted animal services, and in April voted to phase in significantly higher costs over the next five years, beginning July 1st. Over the five-year span, Guadalupe’s cost is projected to escalate about 33% percent to $83,556.
The City Administrator stated that there were no negotiations with the County of Santa Barbara for this contract. County staff sent the City the new contract agreement on Friday, June 10th (Attachment 1).
The contract is a five-year agreement with a 60-day termination clause (Section 16.2 of Attachment 1).
By City code, the city is required to have such services. At the July meeting, Council felt that the increase in cost and general lack of services warranted further discussion with the County.
At the July 12, 2022, City Council meeting, Council did not make a motion to approve the agreement.
The City Administrator said he would schedule the animal control services personnel from the County of Santa Barbara to provide a presentation at an upcoming City Council meeting.
At the August 9, 2022, City Council meeting, Council received a presentation from Santa Barbara County Animal Control Services and had a brief question and answer discussion. The presentation included a number of Power Point slides that provided in-depth information regarding background information, five-year contract calculations, rationale, benefits, contract caps, data on live intake and outcomes of each type of animal type, activities, and overall services.
DISCUSSION
All the other cities in Santa Barbara County have decided to sign the five-year agreement. It is City staff’s understanding that Santa Maria and even Lompoc are recommending, in their proposed Fiscal Year 2022-2023 budgets, to continue their contracts in a status quo arrangement until a potential termination of the contract and a transition to in-house field service and contracted shelter services, which is something both cities have been exploring.
The Public Safety Director indicated that there is no cost-effective way for Guadalupe to provide a comprehensive animal service program in-house as the cost for the city for its own in-house program would exceed that demanded by the County.
The County has long provided a full range of animal control services for the city and its residents; from field and shelter services to emergency animal-related services, animal bite investigations, quarantines, rabies management and licensing. As it pertains to Northern Santa Barbara County, the County provides animal control filed and boarding services to the cities of Santa Maria and Guadalupe, as well as the unincorporated area of Santa Barbary County, out of its shelter on Foster Road.
In late 2021, the City joined with all other contracting cities in writing letters to the County requesting to open negotiations about the expense (Attachment 2). While Guadalupe wants to continue providing its residents and businesses with a full complement of animal services, the County’s own metrics do not show an overall increase in demand for services, and costs are increasing rapidly. The County acknowledged these letters, however, did not open negotiations; therefore, most of the cities were taken aback.
It is staff’s understanding that due to the significant contract increase in cost over the next five years, and to promote long-term financial stability, Santa Maria is recommending that preparations begin for a possible transition of animal services partnership from the current contract with the County Public Health Department and bring a possible alternative to provide animal services and contracting for shelter services. Guadalupe city staff will perform an analysis to explore options to best serve the residents and community with our neighbors.
The City of Santa Maria is remaining in a status quo arrangement until they decide to give the required notice of contract termination upon meeting certain milestones, such as the logistics of recruiting, hiring, training, purchasing specialized vehicles, facilities, and other steps. City staff is in contact with Santa Maria to see if there may be an opportunity to partner with their program if it comesto fruition and then determine a cost benefit analysis between other options versus the County’s program.
FISCAL IMPACT:
The Fiscal Year 2021-2022 animal control services contract amount cost was $61,900. The cost for the service Fiscal Year 2022-23 is $64,740 or an estimated 4.5% increase, with increases of approximately
6.5% each year following. Adequate funds have been appropriated in the Fiscal Year 2022-23 budget for this item.
Below are the subsequent fiscal year increases:
ATTACHMENTS
1. Agreement for Animal Control Services between County of Santa Barbara and City of Guadalupe for Fiscal Years 2022-2027
2. October 2021 Letter from City to Public Health Department Animal Services Revenue Agreement – City of Guadalupe Page 1
AGREEMENT FOR ANIMAL CONTROL SERVICES
between
COUNTY OF SANTA BARBARA
and
CITY OF GUADALUPE
THIS AGREEMENT (hereafter Agreement) is made by and between the County of Santa Barbara, a political subdivision of the State of California (hereafter COUNTY) and City of Guadalupe, a municipal corporation in Santa Barbara County (hereafter CITY) wherein COUNTY agrees to provide and CITY agrees to accept the services specified herein.
WHEREAS, CITY, mindful of its duties and responsibilities to protect and maintain the public health, safety, and welfare of its citizens and provide for the humane care of animals, finds it necessary to regulate and control the enforcement of Animal Control Ordinances within the CITY; and WHEREAS, CITY has determined that the best interest of the CITY would be served by having the animal control services provided by the COUNTY; and
WHEREAS, pursuant to Section 101400 of the Health and Safety Code, COUNTY and CITY may contract for the performance by COUNTY employees for any or all functions relating to and in connection with the enforcement of local health and sanitation laws; and
WHEREAS, historically the County has subsidized CITY’s costs for these animal control services using Tobacco Settlement and COUNTY General Fund dollars. On April 19, 2022, the COUNTY Board of Supervisors directed the COUNTY to phase out the County’s General Fund subsidy calculated based on FY 21-22 fiscal year over a five-year period to alleviate the financial burden on CITY and add a 2.5% Consumer Price Index increase.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties agree as follows:
The County agrees, through its Animal Services division (“Animal Services”) to provide animal services to the City as set forth herein and in the attached Service Level Request (EXHIBIT A), as it may be amended by the parties from time to time.
Such services shall comply with applicable County ordinances, the municipal code of the City and the statutes of the State of California. The County will provide only those services set forth in the attached Service Level Request (EXHIBIT A) and Municipal Code Enforcement (EXHIBIT C).
1. DESIGNATED REPRESENTATIVE
Paige Batson at phone number (805) 319-8646 is the representative of COUNTY and will administer this Agreement for and on behalf of COUNTY. Todd Bodem at phone number (805) 356-3891 is the authorized representative for CITY. Changes in designated representatives shall be made only after advance written notice to the other party.
ATTACHMENT 1
Animal Services Revenue Agreement – City of Guadalupe Page 2
2. NOTICES
Any notice or consent required or permitted to be given under this Agreement shall be given to the respective parties in writing, by personal delivery, or with postage prepaid by first class mail, registered or certified mail, or express courier service, as follows:
To COUNTY: Paige Batson, Deputy Director, Community Health 548 W. Foster Road
Santa Maria, CA 93455
(805) 319-8646
To City: Todd Bodem, City Administrator
918 Obispo
Guadalupe, CA 93434
(805) 356-3891
or at such other address or to such other person that the parties may from time to time designate in accordance with this Notices section. If sent by first class mail, notices and consents under this section 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.
3. SCOPE OF SERVICES
COUNTY agrees to provide services to CITY in accordance with the Service Level Request (EXHIBIT A) attached hereto and incorporated herein by reference. The COUNTY is contracting to enforce the CITY codes listed in Exhibit C.
4. TERM
The term of this Agreement shall be from July 1, 2022 through June 30, 2027.
5. COMPENSATION OF COUNTY
For services rendered between the period of July 1, 2022, and June 30, 2027, City shall pay County in accordance with terms of Exhibit B attached hereto and incorporated herein by reference. Invoices shall be delivered quarterly to the CITY either by email or to the address specified in Section 2, NOTICES above. Unless otherwise specified on EXHIBIT B, payment shall be net thirty (30) days from presentation of invoice.
6. INTERPRETATION/APPLICATION OF CITY CODES
City shall be responsible for the legal work associated with the interpretation and prosecution of its ordinances, and defense of the ordinance content and application.
7. INDEPENDENT CONTRACTOR
The parties hereto, in the performance of this Agreement, will be acting in their individual governmental capacities and not as agents, employees, partners, joint venturers, or associates of one another. The parties intend that an independent contractor relationship will be created by this Agreement. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purpose whatsoever.
Without limiting the foregoing, the City shall advise the County's Division of Animal Services in the implementation and enforcement of its code pursuant to this Agreement.
Animal Services Revenue Agreement – City of Guadalupe Page 3
8. CONFLICT OF INTEREST
CITY covenants that CITY presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. CITY further covenants that in the performance of this Agreement, no person having any such interest shall be employed by CITY.
9. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY
All reports and documents prepared by County under this Agreement are the joint property of the City and the County.
No materials produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country except as determined at the sole discretion of COUNTY. COUNTY shall have the unrestricted authority to publish, disclose, distribute, and otherwise use in whole or in part, any reports, data, documents or other materials prepared under this Agreement.
10. NO PUBLICITY OR ENDORSEMENT
CITY shall not use COUNTY’s name or logo or any variation of such name or logo in any publicity, advertising or promotional materials. CITY shall not use COUNTY’s name or logo in any manner that would give the appearance that the COUNTY is endorsing CITY. CITY shall not in any way contract on behalf of or in the name of COUNTY. CITY shall not release any informational pamphlets, notices, press releases, research reports, or similar public notices concerning the COUNTY or its projects, without obtaining the prior written approval of COUNTY.
11. COUNTY PROPERTY AND INFORMATION
All of COUNTY’s property, documents, and information provided for CITY’s use in connection with the services shall remain COUNTY’s property, and CITY shall return any such items whenever requested by COUNTY and whenever required according to the Termination section of this Agreement. CITY may use such items only in connection with providing the services. CITY shall not disseminate any COUNTY property, documents, or information without COUNTY’s prior written consent.
12. INDEMNIFICATION AND INSURANCE
12.1 Indemnification.
In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the parties pursuant to 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 Government Code Section 895.4, each of the parties hereto shall fully defend, 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 Government Code Section 810.8) occurring by reason of the acts or omissions 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 Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage, claim, expense, cost, or liability occurring by reason of the acts or omissions 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 Agreement
12.2 Insurance.
Each party recognizes and accepts the other party is self-insured. Either party may purchase commercial insurance to cover their exposure hereunder, in whole or in part.
Animal Services Revenue Agreement – City of Guadalupe Page 4
13. NONDISCRIMINATION
COUNTY hereby notifies CITY that COUNTY's Unlawful Discrimination Ordinance (Article XIII of Chapter 2 of the Santa Barbara County Code) applies to this Agreement and is incorporated herein by this reference with the same force and effect as if the ordinance were specifically set out herein and CITY agrees to comply with said ordinance.
14. NONEXCLUSIVE AGREEMENT
CITY understands that this is not an exclusive Agreement and that COUNTY shall have the right to negotiate with and enter into contracts with others to provide the same or similar services as those provided to CITY as the COUNTY desires.
15. ASSIGNMENT
COUNTY shall not assign any of its rights nor transfer any of its obligations under this Agreement without the prior written consent of CITY and any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.
16. TERMINATION
16.1 For Cause. In the event of a material breach of this Agreement, either party may initiate termination of the Agreement. The aggrieved party shall serve the other party with a thirty (30) day notice to cure the breach.
The notice must specify in detail the nature of the alleged material breach, including the supporting factual basis and any relevant documentation. (i) A material breach by COUNTY may include, but not be limited to, COUNTY’s failure to meet the requirements described in Exhibit A of this Agreement; (ii) A material breach by CITY may include, but not be limited to, failing to make timely payments as required by this Agreement.
The party receiving the notice shall have ten (10) days from the date of receipt to respond to the alleged breach by either requesting in writing a meeting with the noticing party, curing the breach, or if the breach is of such a nature that it cannot be reasonably cured within thirty (30) days, commence curing the breach within said period and notifying the other party of the actions taken. If a meeting is requested by the party receiving the notice, it shall be scheduled within ten (10) days of the date notice is received. If corrective action is not taken by the party receiving notice, or the parties do not reach an agreement during the notice period, the parties shall deliver to each other all data, estimates, graphs, summaries, reports, and all other records, documents or papers as may have been accumulated or produced by the other party in performing this Agreement, whether completed or in process, and this Agreement shall terminate upon completion of the thirty (30) day notice period, at the option of the noticing party, notwithstanding any other provision of this Agreement.
16.2 For Convenience. COUNTY or CITY may terminate this Agreement upon sixty (60) days written notice.
Following notice of such termination, COUNTY shall cease work and notify CITY as to the status of its performance.
16.3 Notwithstanding any other payment provision of this Agreement, CITY shall pay COUNTY for service performed to the date of termination to include a prorated amount of compensation due hereunder less payments, if any, previously made. The foregoing is cumulative and shall not affect any right or remedy which COUNTY may have in law or equity.
17. NONAPPROPRIATON OF FUNDS
Notwithstanding any other provision of this Agreement, in the event that no funds or insufficient funds are appropriated or budgeted by federal, state or COUNTY governments, or funds are not otherwise available for services in the fiscal year(s) covered by the term of this Agreement, then COUNTY will notify CITY of such occurrence and COUNTY may terminate or suspend this Agreement in whole or in part, with or without a prior notice period. Subsequent to termination of this Agreement under this provision, COUNTY shall have no obligation to provide services with regard to the remainder of the term.
Animal Services Revenue Agreement – City of Guadalupe Page 5
18. 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.
19. 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 Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.
20. REMEDIES NOT EXCLUSIVE
No remedy herein conferred upon or reserved to COUNTY 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.
21. TIME IS OF THE ESSENCE
Time is of the essence in this Agreement and each covenant and term is a condition herein.
22. NO WAIVER OF DEFAULT
No delay or omission of COUNTY 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 Agreement to COUNTY shall be exercised from time to time and as often as may be deemed expedient in the sole discretion of COUNTY.
23. ENTIRE AGREEMENT AND AMENDMENT
In conjunction with the matters considered herein, this Agreement 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 Agreement may be altered, amended or modified only by an instrument in writing, executed by the parties to this Agreement and by no other means. Each party waives their future right to claim, contest or assert that this Agreement was modified, canceled, superseded, or changed by any oral agreements, course of conduct, waiver or estoppel.
24. SUCCESSORS AND ASSIGNS
All representations, covenants and warranties set forth in this Agreement, by or on behalf of, or for the benefit of any or all of the parties hereto, shall be binding upon and inure to the benefit of such party, its successors and assigns.
25. COMPLIANCE WITH LAW
CITY shall, at itssole cost and expense, comply with all County, State and Federal ordinances and statutes now in force or which may hereafter be in force with regard to this Agreement. The judgment of any court of competent jurisdiction, or the admission of CITY in any action or proceeding against CITY, whether COUNTY is a party thereto or not, that CITY has violated any such ordinance or statute, shall be conclusive of that fact as between CITY and COUNTY.
Animal Services Revenue Agreement – City of Guadalupe Page 6
26. CALIFORNIA LAW AND JURISDICTION
This Agreement shall be governed by the laws of the State of California. Any litigation regarding this Agreement 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.
27. EXECUTION OF COUNTERPARTS
This Agreement 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.
28. AUTHORITY
All signatories and parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement 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 Agreement have been fully complied with. Furthermore, by entering into this Agreement, CITY hereby warrants that it shall not have breached the terms or conditions of any other contract or agreement to which CITY is obligated, which breach would have a material effect hereon.
29. SURVIVAL
All provisions of this Agreement which by their nature are intended to survive the termination or expiration of this Agreement shall survive such termination or expiration.
30. PRECEDENCE
In the event of conflict between the provisions contained in the numbered sections of this Agreement and the provisions contained in the Exhibits, the provisions of the Exhibits shall prevail over those in the numbered sections. (Signatures on following pages)
Animal Services Revenue Agreement – City of Guadalupe Page 7 Agreement for Animal Control Services between the County of Santa Barbara and City of Guadalupe.
IN WITNESS WHEREOF, the parties have executed this Agreement to be effective on July 1, 2022.
ATTEST: COUNTY OF SANTA BARBARA:
Joan Hartmann Mona Miyasato
County Executive Officer
Clerk of the Board
By: By:
Deputy Clerk Chair, Board of Supervisors
Date:
RECOMMENDED FOR APPROVAL: APPROVED AS TO ACCOUNTING FORM:
Van Do-Reynoso, MPH, PhD
Public Health Department
Director
Betsy M. Schaffer, CPA
Auditor-Controller
By: By:
Department Head Deputy
APPROVED AS TO FORM: APPROVED AS TO FORM:
Rachel Van Mullem
County Counsel
Greg Milligan, ARM
Risk Manager
By: By:
Deputy County Counsel Risk Management
Animal Services Revenue Agreement – City of Guadalupe Page 8 Agreement for Animal Control Services between the County of Santa Barbara and City of Guadalupe.
IN WITNESS WHEREOF, the parties have executed this Agreement to be effective on July 1, 2022.
CITY OF GUADALUPE
ATTEST:
By: ______________________________________________________ Ariston Julian, Mayor
City of Guadalupe
Date: _______________
Animal Services Revenue Agreement – City of Guadalupe Page 9
EXHIBIT A
SERVICE LEVEL REQUEST
DEFINITIONS. For the purpose of this Agreement, the following terms shall have the meaning as set forth below:
1. IMPOUND: Taking physical custody of an animal that has been taken to the County Animal Shelter or relocated. For purposes of this definition, “IMPOUND” refers the County’s receipt of animals that are brought to the County Animal Shelter by City residents as well as animals that have been brought to the County Animal Shelter by Animal Control Officers acting within the scope of their duties.
2. SHELTERING SERVICES: Providing food, water, enrichment, and humane housing for an impounded animal, and the cleaning and disinfecting of such housing.
3. ROUTINE VETERINARY CARE WHILE IN COUNTY CUSTODY: Shall include intake vaccines, deworming, flea control, general exam, rabies vaccine, general medications, and bandage changes.
4. EUTHANASIA: The humane killing of an animal by lethal injection.
5. DEAD ANIMAL DISPOSAL: Disposing of all dead animals brought to the County Animal Shelter by City staff or a resident of the City.
6. RABIES SPECIMEN TESTING: Deceased animal specimens submitted by City to County for the purpose of rabies testing. Brain specimen will be extracted by County staff and testing conducted by the Public Health Laboratory.
Animal Sheltering Services
The County will impound animals, humanely maintain impounded animals, and if necessary, euthanize animals in accordance with applicable law. In addition, the City authorizes the County to enforce the specific City ordinances provided in Exhibit C. The location of this service will be at the discretion of the County.
The County shall provide animal sheltering services to the City for all those animals originating within the boundaries of the City (whether picked up in the City or dropped off at the County’s animal shelter) as a result of:
confiscation, requests for euthanasia, owner surrender, owner return, pick-up of stray animals and transfers. For animals originating in the City, the County shall provide the following animal care services: return to home and reunification of animals with owners, community safety net counseling and resource options to keep animals with their families, impoundment of stray animals, impoundment of protective custody animals, impoundment of dogs who pose a risk to public safety, sheltering services, boarding, enrichment, quarantine, veterinary services, euthanasia services, animal adoptions, foster program, disposal of dead animals, volunteer management, return-to-field services for cats and related administrative services.
Impounded animals will be vaccinated and provided necessary care, microchipping, food and shelter in accordance with the provisions of state law. The animal’s picture will be posted on the Santa Barbara County Animal Services’ (“SBCAS”) website as soon as practicable to assist the City’s residents in reclaiming a missing pet. The owner or person entitled to the custody of any animal originating within the boundaries of the City and impounded at a County animal shelter can redeem such animal by paying applicable fees according to the SBCAS approved schedule of rates and fees accruing up to the time of such redemption.
The County, in its sole and exclusive discretion, shall determine the public and non-public hours of operation and the staffing of the County animal shelters.
Animal Services Revenue Agreement – City of Guadalupe Page 10 Field Services
The County shall provide the City with the following field services as may be required: responding to calls for service; pick up of dead animals; capture and transportation of animals; emergency humane euthanasia of animal in the field as required to alleviate suffering; permit compliance and other inspections; pre-hearing investigation of nuisance complaints; post-nuisance hearing compliance checks; investigation of potential cases of animal abuse and mistreatment; investigation of potential animal nuisances in violation of the Santa Barbara County Code (Chapter 7) or an equivalent municipal code provision; assistance with animal evacuations due to disaster or emergency; and similar or related field services.
The County, in its sole and exclusive discretion, shall determine the hours of operation for all field services and the order of priority in which these services will be provided.
Rabies Control: The County shall provide the City with the following rabies control program as may be required: response and investigation of reported animal bite and intimate contact cases to establish that there is compliance with state mandated quarantine procedures. This includes a follow-up contact to verify the health of the animal after quarantine. Shelter quarantine will be at the discretion of the County.
The County will be responsible for processing deceased animal specimens submitted by City to County for the purpose of rabies testing. Brain specimens will be extracted by County staff and testing will be conducted by the Public Health Laboratory.
Vicious and Restricted Dogs Hearings: The County shall provide the City with the services of one Hearing Officer to conduct vicious and restricted dog hearings in accordance with the applicable City municipal code provision(s). The County’s Vicious and Restricted Dog services under this Agreement shall extend to appeals of its Hearing Officer’s determinations pursuant to California Food and Agricultural Code Section 31622. In such appeals, County Counsel may represent County in defense of its Hearing Officer’s determination. In such appeals, County Counsel represents the County; the parties do not intend to create an attorney-client relationship between the City and the County Counsel’s Office.
Animal License and Permit Services
The County shall provide the City with animal license services for applicable cat or dog licenses within the boundaries of the City. The County shall mail license renewal notices to the animal owner of record; and when the renewal and payment are received, the County will process licenses. City residents can use the County’s online web licensing feature. Licenses will be required before the County will release an animal to a resident of the City.
The County shall provide the City with permit services for kennels, catteries, groomers, and mobile groomers within the boundaries of the City. The County shall mail permit renewal notices to the business owner of record; and when the renewal and payment are received, the County will process the permit.
Animal Services Revenue Agreement – City of Guadalupe Page 11
EXHIBIT B
PAYMENT ARRANGEMENTS
CITY OF GUADALUPE
A. City shall pay for services rendered under this Agreement for FYs 22-23 through 26-27 in the amounts shown in the table below, billed in four equal quarterly payments. Quarterly payments to COUNTY shall be made within thirty (30) days of receipt of invoice.
B. Payment for services shall be made based upon the scope contained in EXHIBIT A as determined by County.
C. In the event of early termination of this Agreement in accordance with Section 16, CITY shall reimburse the outstanding COUNTY General Fund contribution that would have been recovered in subsequent years had the Agreement not been terminated. CITY’s allocation of COUNTY General Fund reimbursement is $14,200 to be repaid over 5 years.
Annual Amounts for Fiscal Years July 1, 2022 through June 30, 2027 Animal Services Revenue Agreement – City of Guadalupe Page 12
EXHIBIT C
MUNICIPAL CODE ENFORCEMENT
ORDINANCE NO. 2006-375
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GUADALUPE REPEALING TITLE 6 OF THE GUADALUPE MUNICIPAL CODE AND ADDING THE UPDATED TITLE 6 -- ANIMALS Chapter 6.04
Regulation of the Keeping of Animals Within City Limits Sections:
6.04.010 DEFINITIONS
6.04.020 POUND MASTER
6.04.030 IMPOUNDMENT OF ANIMALS
6.04.040 TRESPASSING; SEIZURE
6.04.050 RECORD OF IMPOUNDMENT
6.04.060 DUTIES OF ANIMAL CONTROL OFFICER
6.04.070 AUTHORITY OF ANIMAL CONTROL OFFICER
6.04.080 ANIMAL CARE
6.04.090 LIMITS ON NUMBER OF DOGS
6.04.100 EXCESSIVE NOISE, NUISANCE
6.04.110 RUNNING AT LARGE PROHIBITED
6.04.120 ANIMAL BITES
6.04.130 ANIMALS BITTEN BY OTHER ANIMALS
6.04.140 BRINGING ANIMAL INTO CITY
6.04.150 DOGS; LICENSE REQUIRED
6.04.160 ISSUANCE OF LICENSE
6.04.170 IMPOUNDMENT OF UNLICENSED DOGS
6.04.180 CONFINEMENT OF DOGS LESS THAN FOUR MONTHS OF AGE
6.04.190 REDEMPTION OF IMPOUNDED ANIMALS
6.04.200 IMPOUNDMENT FEES
6.04.210 PROHIBITION OF FOWL, LIVESTOCK AND WILD ANIMALS
6.04.220 DISPOSITION OF IMPOUNDED ANIMALS
6.04.230 COMMERCIAL ANIMAL ESTABLISHMENTS
6.04.240 PERMIT REQUIREMENTS
6.04.250 KENNEL PERMIT
6.04.260 BREEDER PERMIT
6.04.270 BREEDER ADVERTISING
6.04.280 REPORTING OF DOG RECORDS
6.04.290 SPAY/NEUTER COMPLIANCE FOR SHELTER ANIMALS
6.04.300 POTBELLIED PIGS AS HOUSEHOLD PETS
6.04.310 PROHIBITION OF DANGEROUS OR VICIOUS ANIMALS
6.04.320 PROCEDURE TO DETERMINE IF ANIMAL IS
Animal Services Revenue Agreement – City of Guadalupe Page 13
DANGEROUS/VICIOUS
6.04.330 IMPOUND NOTICE
6.04.340 CONDUCT OF HEARING
6.04.350 HEARING DECISION
6.04.360 DISPOSITION OF A DANGEROUS OR VICIOUS ANIMAL
6.04.370 PROCEDURE IF ANIMAL IS NOT FOUND
DANGEROUS/VICIOUS
ATTACHMENT 2
CLUB COMITE CIVICO MEXICANO
DE GUADALUPE, INC.
P.O. Box 729
Guadalupe, CA 93434
July 29, 2022
City of Guadalupe Mayor Ariston Julian
And City Council Members
918 Obispo Street
Guadalupe, CA 93434
Dear Mayor Julian and City Council Members:
After two years of not being able to hold our annual Fiestas Celebration, Club Comité Cívico Mexicano de Guadalupe has decided to celebrate Mexican Independence Day with the traditional Parade and Tardeada. We go forward planning the event while recognizing that, based on ongoing uncertainties regarding the impact of COVBID-19, there still exists the possibility of the cancelation of the event. The Parade will take place on Sunday, September 11, 2022.
An Encroachment Permit application will be submitted to the California Department of Transportation for the rerouting of traffic for the parade.
As has been the tradition of our parade, the parade will begin at Fifth and Guadalupe Streets and will end at the City Park (across from the Far Western).
We are requesting that once you approve the event, that you forward notice of your approval to the California Department of Transportation in San Luis Obispo.
We will be working with your city’s Director of Public Safety to ensure that the event is orderly and once again, as in the past, a great success.
Sincerely,
José J. Nichols
cc: Michael Cash, Director of Public Safety
Agenda Item No. 5E
Agenda Item No. 5F
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of August 23, 2022
_______________________________ _________________________________ Prepared by: Wendy Stockton, Approved by:
Assistant City Attorney Todd Bodem, City Administrator
SUBJECT: Biennial Update to City of Guadalupe Conflict of Interest Code RECOMMENDATION:
By resolution, that the City Council approve an update to the City’s conflict of interest code.
DISCUSSION:
A conflict-of-interest code tells public officials, government employees, and consultants what financial interests they must disclose on their Form 700 Statements of Economic Interests. The Political Reform Act requires every local government agency to review its conflict of interest code biennially. Staff has conducted a review of the City’s conflict of interest code, last updated in 2014.
Since 2014, the City has made changes in its employee positions. Some positions have changed or been renamed, some have been added, and some have been discontinued. These changes necessitate corresponding changes in the City’s conflict of interest code.
The Fair Political Practices Commission, known as the FPPC, is the State agency that administers the Political Reform Act. The FPPC advises local government agencies to include three components in their conflicts of interest codes:
• Incorporation by reference of Regulation 18370.
• Listing of all agency positions that involve the making or participation in making of decisions that “may foreseeably have a material effect on any financial interest.” • Detailed descriptions of types of financial interests that must be disclosed. These disclosure categories must not require public officials to disclose private financial information that does not relate to their work for the public.
Staff has drafted updates to the code which include these three components. The recommended updates incorporate Regulation 18730 by reference, designate the City’s filing officer, and specify where to file Form 700s. The recommendations also include changes to the designated positions and a procedure for the City Administrator to make a written determination regarding a new position. Finally, the recommended updates reorganize disclosure categories to make it easier for officials, employees and consultants to understand what to disclose on their Form 700s.
ATTACHMENTS:
1. Resolution No. 2022-76
Wendy Stockton
RESOLUTION NO. 2022-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE UPDATING THE CONFLICT
OF INTEREST CODE FOR DESIGNATED CITY OFFICERS AND EMPLOYEES AND RESCINDING RESOLUTION NO. 2014-12
WHEREAS, the Political Reform Act (“PRA”) of 1974 (section 81000, et seq., California Government Code) provides that public officials shall not participate in matters in which they known or in which they have reason to know that they have a financial interest; and WHEREAS, the PRA and implementing state regulations (Section 18730, et seq., Title 2, Division 6, California Code of Regulations) adopted by the Fair Political Practices Commission (“FPPC”) set forth various rules applicable to conflicts of interest, including rules of disclosure and participation; and
WHEREAS, among them are rules requiring cities to adopt conflict of interest codes for designated positions in the city; and
WHEREAS, by resolution the City of Guadalupe previously has adopted such codes; and WHEREAS, because biannually it is necessary to update city’s list of positions designated to comply with such codes, this council desires to adopt the provisions set out below; NOW, THEREFORE, THE COUNCIL OF THE CITY OF GUADALUPE RESOLVES AS FOLLOWS:
Section 1. Appendix “A” and Appendix “B” hereto are incorporated herein by reference and adopted as the conflict of interest code for the City of Guadalupe.
Section 2. Resolution No. 2014-12 is hereby rescinded.
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 23rd day of August 2022 by the following vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTACHMENT 1
I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2022-76, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held August 23, 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
APPENDIX A
City of Guadalupe
Conflict of Interest Code
The Political Reform Act (Government Code §§81000 et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code Regs. §18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency’s code. After public notice and hearing, the standard code may be amended by the Fair Political Practices commission to conform to amendments in the Political Reform Act.
Therefore, the terms of 2 Cal. Code Regs. §18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the accompanying list of designated positions, together with the disclosure requirements stated below, shall constitute the conflict of interest code of the City of Guadalupe (“City”).
Individuals holding designated positions shall file their statements of economic interests with the Administrative Assistant to the City Administrator of the City, who is designated as the Filing Officer. The Filing Officer shall administer this Conflict of Interest Code at the local level and shall notify each public official, employee, and consultant of their filing obligations, and shall make the statements available for public inspection and reproduction. (Government Code §81008.) Upon receipt of the statements for the City Council, City Administrator, City Attorney, and City Treasurer, the City shall make and retain copies and forward the originals to the Fair Political Practices Commission. All other statements will be retained by the City.
LIST OF DESIGNATED POSITIONS
JOB TITLE DISCLOSURE CATEGORY(IES)
Chief Building Inspector 1
City Clerk 1
Deputy City Clerk 1
Recreation & Community Services Director 1
Recreation Services Manager 4, 6, 7, 8
City Engineer 1
Community Development Director 1
Sr. Planner 2, 5, 6, 7
Building Official 1
Building Inspector 2, 5, 6, 7
Finance Director 1
Fire Chief 1
Director of Public Works 1
Public Works Supervisor 5, 6, 7
Police Chief 1
Director of Public Safety 1
Police Sergeant 6, 7, 8
Police Lieutenant 6, 7, 8
Consultants* 1
* Consultants and new positions shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the Code subject to the following limitation:
The City Administrator may determine in writing that a particular consultant or new position, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant’s or new position’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City Administrator’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict on Interest Code. (Government Code Section 81008.)
APPENDIX B
City of Guadalupe
Conflict of Interest Code
DISCLOSURE CATEGORIES
CATEGORY 1: All interests in real property, investments, and business positions in business entities located in Guadalupe or within one mile of the city limits; as well as sources of income, including gifts, loans, and travel payments.
CATEGORY 2: Interests in real property located in the City of Guadalupe or within one mile of the city limits.
CATEGORY 3: Investments and business positions in business entities, and all sources of income, including gifts, loans, and travel payments.
CATEGORY 4: Investments and business positions in business entities, and sources of income, including gifts, loans, and travel payments, from entities providing business and office supplies, including election supplies.
CATEGORY 5: Investments and business positions in business entities, and sources of income, including gifts, loans, and travel payments, from entities providing construction or demolition materials, supplies, equipment or labor.
CATEGORY 6: Investments and business positions in business entities, and sources of income, including gifts, loans, and travel payments, from entities providing materials or supplies of the type used by the official’s or designated employee’s department.
CATEGORY 7: Investments and business positions in business entities, and sources of income, including gifts, loans, and travel payments, from entities providing equipment or machinery of the type used by the official’s or designated employee’s department.
CATEGORY 8: Investments and business positions in business entities, and sources of income, including gifts, loans, and travel payments, from entities providing training, professional services, or labor (skilled or unskilled) of the type used by the official’s or designated employee’s department.
Agenda Item No. 5G
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of August 23, 2022
_______________________________ _________________________________ Prepared by: Approved by:
Shannon Sweeney, Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: West Main Street Waterline Replacement Project– Notice of Completion RECOMMENDATION:
It is recommended that the City Council approve:
1. The filing of a Notice of Completion for the West Main Street Waterline Replacement Project and authorizing the City Clerk to file it with the County Recorder.
DISCUSSION:
The 2014 and 2021 Water Master Plans identified the need to upgrade approximately 1,000 feet of 4- inch diameter water main on West Main Street from Guadalupe Street to Pioneer Street to 12 inches in diameter to meet minimum fire flow requirements at Kermit McKenzie School. Plans and specifications for this project were completed in April 2021. $450,000 was budgeted in the Fiscal Year 2021-22 budget for construction of this project.
On February 11, 2022, the City solicited a Request for Quote for the West Main Street Waterline construction, and Request for Proposal for inspection services for this project. Both were sent to a list of potential bidders, made available on the City’s website and advertised in the Santa Maria Times. The deadline to receive bids and proposals was 2:00 p.m., March 10, 2022.
The City received six construction bids, ranging from $292,758.00 to $395,910.00. The lowest construction bid, from Souza Construction, was found to be responsive and meet the City’s needs.
The City issued a contract to Souza Construction on March 22, 2022 in the amount of $292,758.00. A preconstruction meeting was held on April 14, 2022. At that meeting, it was decided that construction would occur after the end of the school year. A Notice to Proceed was issued on June 6, 2022 and construction began on June 13, 2022.
A final walk-through was held on August 2, 2022. At that walk-through, a punch list of items to be addressed was developed, including removal of some construction equipment, replacement of a cracked valve pot lid collar, and completion of pavement marking and painting. All of these items were completed by August 5, 2022 to the City’s satisfaction.
Shannon Sweeney
FISCAL IMPACT:
During the construction project, several items generated change orders. These items mostly included unforeseen field conditions and corrections to waterline lowering details, as well as a credit for a change to the installation of the hydrant on Pioneer Street. The sum of the change orders was $20,961.54 or 7.2% more than the original contract cost, well within Council’s approved 15% contingency allowance. The final cost of construction is $306,801.72, which notably was less than the next highest bid of $331,030.00. The sum of all costs on the project, including inspection is $367,301.72, which is within the budgeted amount of $450,000.
ATTACHMENTS:
1. Resolution No. 2022-77
2. Notice of Completion
RESOLUTION NO. 2022-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE TO AUTHORIZE THE CITY CLERK
TO FILE A NOTICE OF COMPLETION WITH THE COUNTY RECORDER FOR THE WEST MAIN STREET
WATERLINE REPLACEMENT PROJECT
WHEREAS, the City issued a Request for Bids concerning the West Main Street Waterline Replacement Project on February 11, 2022, for which bids were opened on March 10, 2022; and WHEREAS, the City received six bids, ranging from $292,758.00 to $395,910.00. The lowest construction bid, from Souza Construction, was found to be responsive and meet the City’s needs.
WHEREAS, on March 22, 2022, the City Council approved a construction contract with Souza Construction for the West Main Street Waterline Replacement Project for $292,758.00 and approved an amount of 15% over the contract price for contingencies; and WHEREAS, the work has been completed to the satisfaction of City Staff; and, WHEREAS, the contract was completed within the budgeted amount and approved contingency.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Guadalupe as follows:
SECTION 1. Approve filing of the Notice of Completion for the West Main Street Waterline Replacement Project and authorize the City Clerk to immediately file the notice of completion with the County Recorder.
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 23rd day of August 2022 by the following vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAINED:
I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being C.C. Resolution No. 2022-77, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held August 23, 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
APN # N/A
NOTICE OF COMPLETION
NO TRANSFER OF PROPERTY
NOTICE IS HEREBY GIVEN PURSUANT TO CIVIL CODE SECTION 3039:
1. The undersigned is the corporate officer for the City of Guadalupe, owner of property hereinafter described.
2. The FULL NAME of owner is City of Guadalupe
3. The FULL ADDRESS of the owner is: 918 Obispo Street, Guadalupe, CA 93434
4. The NATURE OF THE INTEREST OF THE OWNER is in fee.
5. All work of improvement on the property hereinafter described was completed on August 5, 2022.
6. The work done was the West Main Street Waterline Replacement Project No. 2020-08.
7. THE NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvements in the City of Guadalupe: Souza Construction
8. The property if which said work of improvement was completed is in the City of Guadalupe, County of Santa Barbara, State of California.
Dated: _________________________ _________________________________ (Signature of Owner Name In Paragraph 2)
Todd Bodem, City Administrator
VERIFICATION
I, the undersigned, say:
I am Amelia M. Villegas, the City Clerk, declared of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty or perjury that the foregoing is true and correct.
Executed on the _________________________ at the City of Guadalupe, California ___________________________________, City Clerk of the City of Guadalupe
RECORDING REQUEST BY
City of Guadalupe
AND WHEN RECORDED MAIL TO
Todd Bodem, City Administrator
918 Obispo Street
P.O. Box 908
Guadalupe, CA 93434
(Signature) Amelia M. Villegas
ATTACHMENT 2
Agenda Item No. 5H
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of August 23, 2022
_______________________________ _________________________________ Prepared by: Approved by:
Shannon Sweeney Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: Pasadera Lot 5N (Tract 29,061) - Acceptance of Public Improvements and Release of Security
RECOMMENDATION:
It is recommended that the City Council adopt Resolution No. 2022-78 accepting public improvements irrevocably dedicated to the City on the final map for Lot 5N of the Pasadera development (Tract 29,061) effective as of September 1, 2022, including streets, sidewalks, streetlights, water, sewer, storm drains, parks, gravity sewer main from the intersection of Obispo and Main Street to the WWTP, the domestic water well and site improvements near the intersection of Arroyo Seco and Buena Vista, and the 700,000-gallon domestic water storage tank on Obispo Street, and releasing any remaining funds held as security for these improvements.
BACKGROUND:
City Council approved the final map for Tract 29,060 (DJ Farms North) on April 8, 2014. At that time City Council rejected easements for public improvements on Tract 29,060 but reserved the right to accept them at a future date. As required by the Subdivision Map Act, these public improvements were irrevocably dedicated to the City. Thereafter, the City Council approved the final map for Tract 29,061 (Lot 5N), which is a subdivision of the larger tract map. Easements from Tract 29,060 were accepted on August 23, 2016, to provide public access to Tract 29,061.
DISCUSSION:
Tract 29,061 (Lot 5N) has essentially been built out since 2020. Public improvements, including streets, sidewalks, streetlights, and parks within this portion of the development have been maintained by the developer. The developer wishes to transfer ownership, operation, and maintenance to the City.
On May 17, 2022, City staff provided the developer with a punch list of 13 items requiring completion before the City would accept these public improvements. As of August 12, 2022, the developer has provided satisfactory resolution on all items on this punch list.
Shannon Sweeney
There is approximately $287,015.79 in remaining (cash) funds for Tract 29,061 (Escrow No. 5218291) that were originally deposited to secure and guarantee the construction of these required public improvements. These funds are now subject to be released in accordance with the Cash Deposit Security Agreement. Since all items have been completed to the satisfaction of the City Engineer, it is recommended that these funds be released.
FISCAL IMPACT:
City staff anticipated transfer of responsibility of these public improvements by September 1, 2022. Costs for contract landscape maintenance parks and streetlights electrical costs were considered in the development of the Pasadera Lighting and Landscaping District funding for fiscal year 2022 – 23.
ATTACHMENTS
1. Resolution No. 2022-78
RESOLUTION NO. 2022-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA ACCEPTING AS COMPLETE THE PUBLIC IMPROVEMENTS REQUIRED FOR TRACT 29,061 (LOT 5N) OF THE PASADERA DEVELOPMENT (DJ FARMS) AND TO AUTHORIZE THE RELEASE
OF THE REMAINING CASH FUNDS DEPOSITED TO SECURE CONSTRUCTION OF THE
REQUIRED PUBLIC IMPROVEMENTS
WHEREAS, the City Council approved the final map for Tract 29,061 (Lot 5N) and required construction of certain public improvements, including including streets, sidewalks, streetlights, and parks as conditions of approval for the final map; and WHEREAS, Tract 29,061 (Lot 5N) has essentially been built out since 2020, including all of the required public improvements, which improvements have been maintained by the developer; and
WHEREAS, the developer now wishes to transfer ownership, operation, and maintenance to the City; and
WHEREAS, all required public improvements have been completed to the satisfaction of Director of Public Works/City Engineer; and,
WHEREAS, the remaining cash funds previously deposited by the developer to secure and guarantee the construction of these required public improvements for Tract 29,061 (Escrow No. 5218291) are now subject to be released in accordance with the Cash Deposit Security Agreement between the developer and the City.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Guadalupe as follows:
SECTION 1. All of the public improvements required as conditions of approval for Tract 29,061 (Lot 5N) of the Pasadera development are hereby accepted, including acceptance of the public streets into the City of Guadalupe’s systems of roads.
SECTION 2. The remaining cash funds previously deposited by the developer to secure construction of the required public improvements are hereby authorized to be released to the developer.
SECTION 3. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.
PASSED, APPROVED AND ADOPTED at a regular meeting on the 23rd day of August 2022 by the following vote:
ATTACHMENT 1
MOTION:
AYES:
NOES:
ABSENT:
ABSTAINED:
I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being C.C. Resolution No. 2022-78, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held August 23, 2022, and that same was approved and adopted.
ATTEST:
______________________________ ____________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
______________________________
Philip Sinco, City Attorney
FISCAL IMPACT:
City staff anticipated transfer of responsibility of these public improvements by September 1, 2022. Costs for contract landscape maintenance parks and streetlights electrical costs were considered in the development of the Pasadera Lighting and Landscaping District funding for fiscal year 2022-23.
GUADALUPE POLICE DEPARTMENT
MONTHLY ADMINISTRATIVE OPERATIONAL DATA SUMMARY
PART I: CRIMES
TYPE OF CRIMES
REPORTED CLEARED REPORTED CLEARED REPORTED CLEARED REPORTED CLEARED 187 PC HOMICIDE 00000000
261 PC RAPE 00221022
211 PC ROBEBRRY 00000000
242/245 PC ASSAULT 4 3 2 2 19 17 26 21
459 PC BURGLARY 0 0 2 0 8 4 14 2
484/487 PC THEFT 2 0 3 0 25 3 13 2
10851 VC VEH THEFT 0 0 6 0 13 9 25 4
451 PC ARSON 00001000
TOTAL 6 3 15 4 67 33 80 31
PART II: REPORTED CRIMES
REQUEST FOR SERVICE
TOTAL REPORTS TAKEN
TOTAL REQUEST FOR SERVICE
TOTAL ACTIVITY FOR THE MONTH
DOMESTIC VIOLENCE REPORT
TOTAL PROPERTY STOLEN
TOTAL PROPERTY RECOVERED
PART III: ARREST SUMMARY
OFFENCES
ADULTS JUVENILES ADULTS JUVENILES ADULTS JUVENILES ADULTS JUNENILES FELONY 3 0 6 1 17 1 27 3
MISDEMINOR 8 2 15 0 49 4 60 2
TOTAL 11 2 21 1 66 5 87 5
23152(a&b) VC ARREST
WARRANT ARREST
NOTE: DUI AND WARRANT DATA ARE INCLUDED IN ABOVE ARREST TOTALS MONTH OF JUNE 2022
THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE
THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE
THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE 45 53 444 403
227 241 1441 1,386
272 294 1885 1,789
2 1 12 10
$13,900.00 $2,695.00 $729,696.00 $13,982.00
$0.00 $0.00 $2,900.00 $0.00
15 7
2 0
2 3
18 3
Agenda Item No. 5I 1a.
GUADALUPE POLICE DEPARTMENT
MONTHLY ADMINISTRATIVE OPERATIONAL DATA SUMMARY
PART IV: NARCOTIC ACTIVITY
TYPE OF NARCOTICS
REPORTED CLEARED REPORTED CLEARED REPORTED CLEARED REPORTED CLEARED HEROIN 00000000
COCAINE 00000000
METHAMPHETAMINE 00000022
MARIJUANA 00002211
PARAPHERNALIA 00113355
TOTAL 00115588
PART V: SPECIAL DATA
OFFICER ASSULTED
INJURY ON DUTY
ADDITIONAL INFORMATION:
STAFFING: 1 POLICE CHIEF FILLED 2 POLICE SERGEANT FILLED
2 AIRPORT OFFICERS FILLED
10 POLICE OFFICERS 2 UNFILLED POSITION
3 OFFICE STAFF PERSONNEL 2 FULL TIME FILLED/ 1 TEMPORARY POSITION FILLED 5 RESERVE POLICE OFFICERS 5 UNFILLED POSITIONS
1 COMMUNITY SERVICE TECHNICIAN FULL TIME POSITION UNFILLED AS A PART‐TIME 1 EVIDENCE TECHNICIAN 1 UNFILLED POSITION
2 POLICE VOLUNTEERS 1 UNFILLED
COMMENTS:
MONTH OF JUNE 2022
THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE
THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE 0005
0000
GUADALUPE POLICE DEPARTMENT
MONTHLY ADMINISTRATIVE OPERATIONAL DATA SUMMARY
PART I: CRIMES
TYPE OF CRIMES
REPORTED CLEARED REPORTED CLEARED REPORTED CLEARED REPORTED CLEARED 187 PC HOMICIDE 00000000
261 PC RAPE 00111033
211 PC ROBEBRRY 00000000
242/245 PC ASSAULT 1 1 8 8 20 18 34 29
459 PC BURGLARY 0 0 2 0 8 4 16 2
484/487 PC THEFT 7 0 4 0 32 3 17 2
10851 VC VEH THEFT 1 1 1 0 14 10 26 4
451 PC ARSON 00001000
TOTAL 9 2 16 9 76 35 96 40
PART II: REPORTED CRIMES
REQUEST FOR SERVICE
TOTAL REPORTS TAKEN
TOTAL REQUEST FOR SERVICE
TOTAL ACTIVITY FOR THE MONTH
DOMESTIC VIOLENCE REPORT
TOTAL PROPERTY STOLEN
TOTAL PROPERTY RECOVERED
PART III: ARREST SUMMARY
OFFENCES
ADULTS JUVENILES ADULTS JUVENILES ADULTS JUVENILES ADULTS JUNENILES FELONY 3 0 8 0 20 1 35 3
MISDEMINOR 12 0 12 0 61 4 72 2
TOTAL 15 0 20 0 81 5 107 5
23152(a&b) VC ARREST
WARRANT ARREST
17 8
2 4
2 1
20 7
$3,639.00 $20,800.00 $733,335.00 $34,782.00
$13,000.00 $0.00 $15,900.00 $0.00
276 351 2161 2,140
1 5 13 15
90 508 493
212 261 1653 1,647
NOTE: DUI AND WARRANT DATA ARE INCLUDED IN ABOVE ARREST TOTALS MONTH OF JULY 2022
THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE
THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE
THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE 64 GUADALUPE POLICE DEPARTMENT
MONTHLY ADMINISTRATIVE OPERATIONAL DATA SUMMARY
PART IV: NARCOTIC ACTIVITY
TYPE OF NARCOTICS
REPORTED CLEARED REPORTED CLEARED REPORTED CLEARED REPORTED CLEARED HEROIN 00000000
COCAINE 00000000
METHAMPHETAMINE 00000022
MARIJUANA 00002211
PARAPHERNALIA 00223377
TOTAL 0 0 2 2 5 5 10 10
PART V: SPECIAL DATA
OFFICER ASSULTED
INJURY ON DUTY
ADDITIONAL INFORMATION:
STAFFING: 1 POLICE CHIEF FILLED 1 POLICE LIEUTENANT FILLED
2 POLICE SERGEANT 1 UNFILLED POSITION
2 AIRPORT POLICE OFFICERS FILLED
10 POLICE OFFICERS 2 UNFILLED POSITION
3 OFFICE STAFF PERSONNEL 2 FULL TIME FILLED/ 1 TEMPORARY POSITION FILLED 5 RESERVE POLICE OFFICERS 5 UNFILLED POSITIONS
1 COMMUNITY SERVICE TECHNICIAN FULL TIME POSITION UNFILLED AS A PART‐TIME 1 EVIDENCE TECHNICIAN 1 UNFILLED POSITION
2 POLICE VOLUNTEERS 2 UNFILLED
COMMENTS:
005
0000
MONTH OF JULY 2022
THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE
THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE 0 Rev: 06/17/2021
GUADALUPE FIRE DEPARTMENT
TO: PUBLIC SAFETY DIRECTOR, MICHAEL CASH
FROM: CAPTAIN PATRICK SCHMITZ
SUBJECT: MONTHLY SUMMARY OF CODE ENFORCEMENT CASES
July 1, 2022 – July 31, 2022
DATE: 07/01/2022
CALLS FOR SERVICE JULY 2022
INCIDENT TYPE This
Month
Last
Month
Year to Date
(2022-2023)
Year to date
(2021-2022)
Medical 27 30 27 38
Structure Fire 0 0 0 0
Cooking Fire 0 0 0 1
Trash or Rubbish Fire 2 0 2 0
Vehicle Fire 0 0 0 1
Grass/Vegetation Fire 0 0 0 0
Other Fire 0 0 0 0
Motor Vehicle Accidents with Injuries 3 1 3 3
Motor Vehicle Accidents No Injuries 1 2 1 1
Motor Vehicle/Pedestrian Accident 2 0 2 0
Hazardous Materials Spill/Release 1 0 1 0
Hazardous Condition Other 0 0 0 1
Water Problem/Leak 0 1 0 0
Animal Problem 0 0 0 0
Search / Rescue 0 0 0 0
Public Assistance 5 1 5 1
Police Matter/Assistance 0 0 0 1
Illegal Burn 0 0 0 0
Smoke/CO Detector Activation 2 2 2 0
Dispatch and Canceled En-route 3 0 3 3
False Alarm 1 0 1 1
TOTAL 47 37 47 51
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. 5I 1b.
Rev: 06/17/2021
GUADALUPE FIRE DEPARTMENT
Special Assignments / Coverage:
- Food Bank Distribution (07/07)
- 5K Color Run (07/30)
CODE COMPLIANCE CASES JULY 2022
INCIDENT TYPE This
Month
Last
Month
Year to Date
(2022-2023)
Year to date
(2021-2022)
Business License (GMC 5.04.040) 0 0 0 0
Litter Accumulation (GMC 8.12.020) 0 0 0 0
Abatement of Weeds and Rubbish (GMC 8.16.010) 4 4 4 0
Working Without Permits (GMC15.04.020) 0 0 0 0
Address Number (GMC 15.08.020 (505.1)) 4 1 4 0
Complaints (No Violation Found) 0 0 0 0
Apartment Inspections 0 0 0 0
Yearly Business Inspections 15 12 15 3
Other 2 2 2 5
TOTAL 25 19 25 8
Complaints Received 0 5 0 1
Miscellaneous This
Month
Last
Month
Year to Date
(2022-2023)
Year to date
(2021-2022)
Visitors 33 33 33 30
Public Relations 2 10 2 0
School Visits 0 2 0 0
GUADALUPE CODE COMPLIANCE
TO: PUBLIC SAFETY DIRECTOR, MICHAEL CASH
FROM: CODE COMPLIANCE OFFICER, JOSUE MERAZ
SUBJECT: MONTHLY SUMMARY OF CODE ENFORCEMENT CASES
JULY 1, 2022 – JULY 31, 2022
DATE: 8/01/2022
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 0 4 Fowl, Livestock and Wild Animals (GMC 6.04.210) 0 1 2
Litter Accumulation (GMC 8.12.020) 2 1 8
Abatement of Weeds and Rubbish (GMC 8.16.010) 1 6 12
Burning Garbage Prohibited (GMC 8.12.150) 0 0 0
Unlawful Property Nuisance (GMC 8.50.070) 3 0 10
Graffiti Abatement (GMC 9.07.060) 0 0 2
Abandoned Vehicles/ Vehicle Covers (GMC 10.36.010) 1 0 15 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) 1 0 5
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 0 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 1 14
Discharge of illegal fireworks (GMC 8.24.020) 8 0 8
72hr Parking 3 3 49
Code 60 Citations 2 1 18
TOTAL 22 13 161
Complaints Received 7 8 43
Miscellaneous This
Month
Last
Month
Year to Date
(2020-2021)
Visitors 0 0 0
Public Relations (Food distribution, Covid Vaccination) 1 1 7 School Visits () 0 0 0
Agenda Item No. 5I 1c.
HUMAN RESOURCES MONTHLY REPORT
July 2022
RECRUITMENT
Finance
Part-time, temporary position, Finance Clerk, was posted. 4/day a week, 20-week assignment. This is the temporary position being funded through ARPA.
Human Resources
Six (6) candidates have been phone screened to date. Sourcing remains ongoing.
Police
Prior to May 17, 2022, a conditional offer of employment was extended to a police officer candidate. A background investigation has been completed. The candidate is currently working on being re-certified through California P.O.S.T. as he is coming from out-ofstate. Other officer recruiting is ongoing.
Public Works
Public Works Intern was posted. This is a part-time, temporary position for a five-month period working directly with the Public Works Director on specific assignments. The hours are between 10 and 19 per week. (This position is being recruited in place of the Engineering Technician at this time.)
Recreation/Facilities
The new Lead Maintenance-Facilities/Parks position was approved at the July 12, 2022 City Council meeting. Recruitment began with internal and external postings. Resumes and applications received through July have been screened. Recruiting continues.
WORKERS’ COMPENSATION
There was one new report of injury for July. The claim has been put on a 90-day delay by our worker’s compensation carrier, Sedwick, pending further investigation. Last month, it was reported that one employee was injured resulting in lost time. That employee remains out.
Agenda Item No. 5I 2.
COVID
• Two employees tested positive and contacted HR for proper protocol. • Three employees had exposure to Covid. Each notified their department who then notified HR for proper protocol.
• The average daily number of new cases for SB County was 45.0 and SLO County was 38.0.
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.
Agenda Item No. 5I 3.
RECREATION AND PARKS MONTHLY REPORT
For July 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 17 31 17 48
O’Connell Park 22 2 22 24
LeRoy Park 1 0 1 1
Senior Center 14 24 14 38
Veterans Memorial
Plaza
4 4 4 8
Council Chambers 4 31 4 35
Central Park 0 0 0 0
Veterans Hall 1 1 2 2
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. 5I 4.
1 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 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 July, here is info for the monthly distribution:
Families Served On Site: 200
Individuals Served On Site: 871
Families Deliveries: 51
Individual Delivered: 206
Total Families: 251
Total Individuals: 1,077
LeRoy Park
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
All auditorium repairs have been made. Painting is scheduled for the first three weeks of August.
Curtains will be installed after the completion of the paint job.
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.
COED Adult Softball League
The Adult Softball League has 8 games scheduled for the month of July. The championship games will take place during the first week of August.
2 COED Adult Volleyball League
The Coed Adult Volleyball League Registration is set to open Friday, July 29th.
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 provided a resource fair to the community on Saturday, July 23rd in the City Hall Auditorium and Courtyard. The event included a drama and dance performance that addressed the difficulties that families have faced during the pandemic. The main goal of the event, however, was to draw residents from the Guadalupe community in so that they could be informed on what services and programs are available to them. There were approximately 60 individuals present at the event.
Free COVID masks, hand sanitizer, and test kits were handed out to all attendees that wished to take some.
Color Fusion 5k
A color run took place on Saturday, July 30th. This color walk/run will feature a designated 1-mile walk/run course at Jack O’Connell Park. During the race participants were doused with colored powder at various color stations. There were 37 participants registered on Friday, July 29th. The event ended with a total of 57 participants.
A second Color Fusion Walk/Run is being planned for some time in December. 3 Touch of Style Toys for Tots Car Show & Recreation Department Fabulous 50s Dance Guadalupe Sports Hall of Fame in coordination with the Recreation and Parks Department will be running a 50s themed dance as a fundraiser for the Recreation and Parks Department. All funds will go through the Guadalupe Sports Hall of Fame. All proceeds from the event will be donated to the City to be earmarked for Recreation and Parks Department use.
The Dance will take place in the City Hall Auditorium on Saturday, November 12th from 4pm – 8 pm. Kids 15 and under get in free and all other admission will be $20 a ticket. Food, drinks, music, and decorations will be 1950s themed. Best dressed 1950s categorizes will be advertised and the winners will receive a small prize.
Touch of Style Guadalupe Car Club will also be holding their 18th Annual Car Show & Toys for Tots Drive the same day at Jack O’Connell Park from 11am – 4pm. Touch of Style and the Recreation Department is working together to advertise for the event to maximize attendance for both events.
Online registration is being set up and will be available shortly. In the meantime, spots can be reserved with the Recreation Services Manager.
4 Respectfully,
Hannah Fuentes
Recreation Services Manager
City of Guadalupe
5 6
7 8
9 10
11 MAYOR’S REPORT
August 23, 2022
(Information below may be subject to change)
1. Housing Element Cycle 6 – Cal Poly
The city administrator reached out to the City and Regional Planning Division of the College of Architecture and Environmental Design at California Polytechnic State University (Cal Poly, CPR Department) to see if they can complete the Housing Element Cycle 6 for the city. The city administrator corresponded with Cornelius Nuworsoo, Ph.D. AICP who is the instructor who led the students in preparing multiple planning documents for the City of Guadalupe, which EMC acknowledged as source materials for the 2021 General Plan.
The CRP Department has capstone studio courses for final year students. They were able to prepare the 2009 Background Report and accompanying Draft General Plan update as well as the 2018 Background Report and accompanying Draft General Plan update. In Professor Nuworsoo’s 17 years at Cal Poly, he led classes to collect background material and develop drafts of general plans for cities each year across the State of California. In some of the cases, they followed up with the preparation of a GP-EIR to enable adoption of the Plans.
After the 2018 report for Guadalupe, they entered into an agreement under which Nuworsoo prepared the 5th Cycle Housing Element for the City of Guadalupe in 2019. They do not have a class or studio to handle housing elements. However, since he teaches the material, he had no problem preparing the Housing Element. One immediate outcome of the 2019 Housing Element was the HCD award of a planning grant to the City of Guadalupe. He submitted a proposal to use that grant to prepare the EIR necessary to enable adoption of the 2018 General Plan but that did not come to be.
Indeed, this summer, Professor Nuworrsoo is wrapping up a Housing Element for another city. If we enter an agreement by early this fall, he can certainly complete the 6th Cycle HE by June 2023. Since there is no class attached to doing the housing element, his relatively affordable fixed price to complete it is $50k is far less than the consultant quote of $250k presented by the consultant. This assumes he is doing it for the city directly. It is known that the city did not have this item budgeted, but it is extremely important for the city to complete this process as we will satisfy the state mandates and ensure we become eligible for grant opportunities that will far exceed the cost of this work. Staff recommends hiring Cal Poly even if we need to use some other source funding. The city administrator will work with the contract planning director and finance to come forward with a city staff proposal with options.
Agenda Item No. 8
2. Los Amigos de Guadalupe (LADG)
The Finance Director and Public Works Director are handling LADG and grant invoices associated with the capital projects at Central Park and LeRoy Park. Lorena will take care of LADG and grant invoices associated with micro-enterprise and CV2/3.
At the time this report was written, the outcome of a City/LADG staff and board members will have happened on Thursday, August 19th to reconcile and clarify project invoices and money still needed. Staff will relay the outcome of that meeting soon.
3. Santa Barbara County Regional Bike Planning Stakeholder Meetings At a recent SBCAG Technical Advisory Committee meeting, SPCAG staff presented some regional bike planning issues to be discussed at a Regional Bike Planning Ad Hoc committee zoom meeting to be scheduled for later this month. Discussion items will include, updating the SBCAG regional bike GIS network, updates and reprinting of the Countywide Bike Map, regional signage, and regional bike share opportunities. Some of our city staff will be participating as SBCAG is looking for the best representatives from each of the jurisdictions in Santa Barbara County, as well as some of the key organizations that are engaged in regional bike planning issues
4. Little House Health and Wellness Fair (8-27-2022: Le Roy Park) According to a comment from the Mayor, the Health Fair to be held at Le Roy Park on August 27, 2022 (12-3 p.m.) are important, and it seems that those involved, are well equipped to utilize the building. Given the number of individuals who could possibly attend the event, it would be important to involve public safety, if not already done so (Attachment 1 flyer).
Bring your family and friends!
5. Allan Hancock College Board Meeting
The City Administrator met with Councilmember Antonio Ramirez about hosting Allan Hancock College within our Council Chambers on Tuesday, October 18th at 6 p.m. Speaking as someone affiliated with both entities, staff understands Councilmember Ramirez excitement to see this come to fruition.
6. 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 re-open 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.
On August 10th, the Recreation and Parks Commission met to comment on some initial terms developed by city staff and the BGC representatives. On Monday, August 16th, the mayor, city administrator and recreation services managers met with the BGC to ‘hammer’ out the final comments and answered most of the questions from the Commission for the continuance to these agreements in Le Roy Park. A draft agreement will be forthcoming for City Attorney review and ultimate council consideration.
7. Post 371 Personal Property
On Monday, August 15, 2022, the city administrator served (post on office door and VIA US Mail) the ‘Notice to Remove Personal Property’ to Post 371.
The Council approved this action at the June 28th meeting, and this is the first step. The Recreation and Parks Department is getting ready to start allowing rentals of the Kitchen and Main Hall areas of the building beginning after Labor Day, so staff needed to get this notice served on the Post.
The city is not sure at this time what our next step will be if the Post does not remove its personal property or provide us with an offer to sell it to the city. At some point, depending on a cause-and-effect action, Council may need to decide which path to take.
8. School District Building Update (Pasadera)
The city administrator met with the school superintendent to receive an update on the proposed new school building status in Pasadera. The superintendent said that they are continuing to complete their ‘due diligence’ and currently are completing soil remediation.
The estimated cost of the project increased to $30M. The district received a $15M grant from the State and plan for a bond measure on the November ballot to receive the necessary funds to finish the project. Early polls indicated an 80% approval rating.
9. REAP GRANT OPPORTUNITY
As a follow up to a meeting, below are some highlights about a few funding opportunities for promoting housing.
1. State of California released the final guidelines for REAP 2.0, making $5.3 million available to Santa Barbara County for local planning and capital projects aimed to increase housing supply countywide while reducing greenhouse gas emissions.
2. Different from REAP 1.0, which many of the cities used for Housing Element updates, funding is 100 percent general fund – that will provide some greater flexibility on the use and reporting associated with the funds.
3. SBCAG will administer REAP 2.0 – which will include a public and stakeholder outreach process, call for projects, application evaluations and nomination to fund projects to the State.
4. General timeline – SBCAG required to submit to the State funding recommendations by December 31, 2022.
5. All funds will be awarded and encumbered by June 30, 2024. Recipients must submit a report by April 1 of the year following the receipt of funds, but annually thereafter until finds are expended between April to June of every year. Expenditure and closeout reports are due June 30, 2026. Final invoices must be submitted three months prior to the expenditure deadline.
Here is a link to the guidelines, eligible uses starts on page 11. https://www.hcd.ca.gov/docs/grants-and-funding/mpo-reap-2-0-final-guidelines.pdf Staff is looking into this possibility. Hoping for more monies to help offset costs in the Planning Department and possible General Plan Updates elements.
Side note, in order for the city to receive this grant and many others, it must implement the HE Cycle 6 Element.
END OF REPORT
ATTACHMENT 1
Agenda Item No. 9
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of August 23, 2022
________________________________ __________________________________ Prepared by: Approved by:
Michael Cash, Director of Public Safety Todd Bodem, City Administrator SUBJECT: Authorizing the City of Guadalupe to approve the Cooperative Dispatch Agreement with the Santa Barbara County Fire Protection District.
RECOMMENDATION:
It is recommended that the City Council authorize the City of Guadalupe to approve the Cooperative Dispatch Agreement with the Santa Barbara County Fire Protection District.
BACKGROUND:
On August 8, 2018, the City of Guadalupe entered into a dispatch service agreement with the City of Santa Maria for police and fire dispatching.
On October 1, 2019, the County Board of Supervisors authorized the County Fire Department to establish a Regional Fire Communication Center.
In 2024, the City of Santa Maria will discontinue fire dispatching services and will participate in the Santa Barbara County Regional Fire Communication Center. All fire departments in the County have committed to the Regional Fire Communication Center. This enables all fire agencies to function as one, with the closest, most appropriate fire/EMS resource regardless of jurisdiction to respond. This will include a full boundary drop, three fire stations on our periphery, available for response. This will potentially negate the need to staff additional fire stations in the future.
All 911 EMS and fire calls will be immediately transferred to the Regional Fire Communication Center.
All 37-fire stations in the County will be available without multi-jurisdictional dispatch delays. Response units and move-up units can immediately be sent. Dispatchers will have no distracting or competing duties.
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 Santa Barbara County Fire Protection District does just that, providing benefits for all parties involved.
Michael Cash
FISCAL IMPACT:
The current fire dispatching budget is $24,200. The proposed new agreement will charge $71.17, for “Calls Per Service Rate. The Guadalupe Fire Department averages 550 to 620 yearly “Calls for Service”.
The new dispatching agreement will result in cost between approximately $39,143 to $44,125 per year with an additional $20,000 fixed annual expense. Billing will be on a quarterly not monthly basis.
This represents an additional cost of about $40,000 annually. This agreement is not for the current fiscal year, as such, does not have a fiscal impact for the current fiscal year’s budget. However, costs for the fire department will increase about $40,000 more annually starting in 2024. The agreement presented is set for five years, which may include annual increases for inflation.
ATTACHMENTS:
1. Resolution No. 2022-79 Cooperative Dispatch Agreement
2. COOPERATIVE DISPATCH AGREEMENT with Santa Barbara County Fire Protection District
3. Fire Dispatch Cost Sheet
4. PowerPoint – Cooperative Dispatch Agreement
RESOLUTION NO. 2022-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA AUTHORIZING THE
CITY OF GUADALUPE TO APPROVE THE COOPERATIVE DISPATCH AGREEMENT WITH THE SANTA BARBARA COUNTY FIRE PROTECTION DISTRICT.
WHEREAS, on August 8, 2018, the City of Guadalupe entered into a dispatch service agreement with the City of Santa Maria for police and fire dispatching; and, WHEREAS, on October 1, 2019, the Santa Barbara County Board of Supervisors authorized the Santa Barbra County Fire Department to establish a Regional Fire Communications Center; and, WHEREAS, the City of Guadalupe currently contracts with the City of Santa Maria for its police and fire dispatching services; and,
WHEREAS, the City of Santa Maria will discontinue fire dispatching services and will participate in the Santa Barbara Regional Fire Communications Center beginning in 2024; and, WHEREAS, all other fire departments in Santa Barbara County have committed to the Regional Fire Communications Center, and this enables all fire agencies to function as one, with the closest, most appropriate fire/EMS resource regardless of jurisdiction to respond; and, WHEREAS, this will include a full boundary drop, three-fire stations on our periphery, with availability for response; and,
WHEREAS, this will potentially negate the need to staff additional fire stations in the future; and, WHEREAS, all 911 EMS and fire calls will be immediately transferred to the Regional Fire Communications Center and all 37-fire station in the County will immediately be available without multi-jurisdictional dispatch delays.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Guadalupe, California, that the City Council approves the Cooperative Dispatch Agreement with the Santa Barbara County Fire Protection District and authorize Director of Public Safety, Michael Cash, to execute the agreement on behalf of the City of Guadalupe.
PASSED, APPROVED AND ADOPTED at a regular meeting held on the 23rd day of August 2022 by the following vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTACHMENT 1
I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being C.C. Resolution No. 2022-79, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held August 23, 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
Cooperative Dispatch Agreement
between the
Santa Barbara County Fire protection District
and the
City of Guadalupe
ATTACHMENT 2
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Agreement between
the Santa Barbara County Fire Protection District and the City of Guadalupe for the provision of emergency dispatch services.
THIS AGREEMENT is made and entered into this ____ day of ______2022, by and between the Santa Barbara County Fire Protection District, hereinafter “District”, and the City of Guadalupe, hereinafter “City”, both of which entities may be collectively referred to hereinafter as “Partners”. The District may enter into Agreements with additional Partners for the Santa Barbara County Regional Fire Communications Center (RFCC), the parameters of which are included in those separate Agreements.
I. Recitals
By the authority granted in the California Health and Safety Code, Division 12, Part
2.7 Fire Protection District Law of 1987, the District may enter into contracts related to emergency services for the protection of lives and property.
The City, a general law city pursuant to California Government Code section 34102, may purchase services from District under the provisions of California Government Code section 51301.
The District proposes to operate the RFCC for the purpose of dispatching fire department, ambulance and other resources and conducting all other functions of a regional dispatch center.
City desires to receive dispatch services and share the benefits of regionalized and consolidated fire department and ambulance dispatch operations including nearest resource dispatching, regional system status management, common communications, common operating plans, cost savings and other efficiencies.
NOW THEREFORE, the premises being in general as stated in the foregoing recitals, it is agreed by and between the Partners as follows:
II. Intent
The District shall provide computerized dispatch services to City. Dispatch services will include, but are not limited to, receiving City calls for service via transferred 9-1- 1, 10-digit and other means; alerting and dispatching City resources to incidents developing from calls for service; providing emergency medical dispatch (EMD) services to callers; providing incident support as required; providing system status management for coverage and move-up; compiling and securing data related to the dispatch processes.
III. Appendices
The following documents are attached as Appendices to this Agreement and incorporated by reference as though set forth in full:
Appendix A Financial Calculations
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Appendix B Communications
Appendix C Alerting and Mobile Computing
Appendix D Call Transfer Agreement
IV. Term
A. Initial Term
This Agreement shall commence on ________ and remain in force for five (5) years unless terminated under the provisions of Section V, Termination.
B. Renewal Term
Following completion of the Initial Term, the Agreement shall automatically renew each July 1st thereafter for three (3) year terms (each, a “Renewal Term”), unless terminated under the provisions of Section V, Termination.
V. Termination
Neither Partner shall terminate this Agreement for five (5) years from the date of the RFCC commencing live regional operations, except as specified below. After the five (5) year term, the Agreement may be terminated by either Partner, without cause, on June 30 of any year with a minimum of one-year notification of the other Partner.
A. By City
Notwithstanding any other provision of this Agreement, in the event that no funds or insufficient funds are appropriated or budgeted by federal, state or local governments, or funds are not otherwise available for payments in the fiscal year(s) covered by the term of this Agreement, then CITY will notify the DISTRICT of such occurrence and CITY may terminate or suspend this Agreement in whole or in part, with or without a prior notice period.
Subsequent to termination of this Agreement under this provision, CITY shall have no obligation to make payments for the remainder of the term.
B. By District
1. Nonappropriation of Funds
Notwithstanding any other provision of this Agreement, in the event that no funds or insufficient funds are appropriated or budgeted by federal, state or local governments, or funds are not otherwise available for payments in the fiscal year(s) covered by the term of this Agreement, then the DISTRICT will notify CITY of such occurrence and DISTRICT may terminate or suspend this Agreement in whole or in part, with or without a prior notice period. Subsequent to termination of this Agreement under this provision, DISTRICT shall have no obligation to provide services for the remainder of the term.
2. For Cause
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Should CITY fail to pay the DISTRICT all or any part of the payment set forth in Appendix A, DISTRICT may, at DISTRICT’S option terminate this Agreement if such failure is not remedied by CITY within thirty (30) days of written notice to CITY of such late payment. Should CITY otherwise default in the performance of this Agreement or materially breach any of its provisions, DISTRICT may, at DISTRICT’S sole option, terminate or suspend this Agreement in whole or in part by written notice. The date of termination shall be the date the notice is received by CITY, unless the notice directs otherwise.
C. Costs of Early Termination
In the event City terminates this Agreement prior to the expiration of its term, City agrees to reimburse the District for all expenses resulting from the early termination. In the event the District terminates this Agreement prior to the expiration of its term, District agrees to reimburse City for any advance costs paid for services not yet received.
D. Termination of Agreement
The Partners will work diligently and reasonably to assist one another in the separation process, should the Agreement be terminated. Within one hundred twenty (120) days of the delivery of a Notice of Termination, the parties shall complete a transition plan providing for an orderly transition of responsibilities from the District to the City. The transition plan shall ensure that there is no substantial disruption in the level of dispatch services to City and at a minimum shall include objectives, project phases, and timelines, division of equipment and project roles and responsibilities. Each party shall fund their respective costs in developing the transition plan.
VI. Governance
The District owns and operates the RFCC as the sole principal. The District shall retain all authority regarding employment, management, supervision, technical systems, regulatory obligations, licensure, contracts, and all other duties necessary to operate the RFCC.
A. Joint Executive Committee
The Partners will establish a Joint Executive Committee (JEC) comprised of the fire chiefs of the Partners to this agreement, as well as any other Partners in the RFCC. The County Fire Chief shall chair the JEC and is responsible for administrative support of the committee.
The JEC will function in a collegial manner formulating and adjusting, as necessary, the RFCC business plan and budget. The JEC will share responsibility for future planning and execution under this Agreement. Each member’s input shall be accorded equal weight in the decision process.
B. Regional Dispatch Executive Manager
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The Regional Dispatch Executive Manager (Dispatch Manager), under the general direction of the District’s Deputy Chief of Administration, administers the business plan approved by the JEC and the budget approved by the District. The Dispatch Manager shall maintain a consulting relationship with the Joint Operations Committee for significant policy and procedure changes, additions, and deletions.
C. Joint Operations Committee
The Partners to this Agreement, as well as any other Partners in the RFCC, will establish a Joint Operations Committee (JOC) consisting of one (1) member appointed by each of the Partners’ respective fire chiefs.
Prior to commencing live operations, the JOC will provide input to CAD configuration, dispatch process, performance objectives, radio procedures, automatic and mutual aid dispatch processes, system status algorithms, and generally advise the RFCC manager on other operational concerns.
After the RFCC commences live operations, the JOC will provide on-going input to the Dispatch Manager regarding policies and procedures governing the daily operation of the RFCC. This committee will meet quarterly or more frequently, as deemed necessary by the Partners.
VII. Finance
A. Payment
City shall pay District for dispatch services as defined in Appendix A, Financial Calculations.
B. Special Assessments
From time to time the District may decide and the Partners agree to upgrade or enhance dispatch operations beyond the capabilities of the operating budget or reserve accounts. In this case, the costs associated with the proposed enhancements will be shared among the Partners in the same proportion as the number of dispatched incidents attributed to the jurisdiction of each Partner in the previous fiscal year.
Special assessments shall be memorialized in writing as an amendment to this Agreement.
VIII. Operating Systems
A. Radio Communications
1. Radio Channel Plan
City agrees to use the District’s existing VHF radio network and channel plan. The Joint Operations Committee will be responsible to review and Page | 5
comment upon changes to the channel plan. The Partners agree to use clear text and NIIMS approved terminology in all radio communications.
2. Radio Coverage
Prior to the date the RFCC commences live regional operations and for the duration of this Agreement, the District will establish and maintain dispatch and command channel radio reception and talk-out capabilities on its network in City’s jurisdiction equal to or better than the coverage enjoyed by City on its own network at the time the RFCC commences live operations. Such coverage will be at District expense except that any specific upgrades in service requested by City above and beyond the coverage enjoyed by City on its own network at the time the RFCC commences live regional operations shall be at City’s expense.
3. Existing City Radio Infrastructure
Existing VHF frequencies licensed to City by the Federal Communications Commission (FCC) will be made available for re-use in the regional system through re-licensing to the District. Said relicensing shall be accomplished as detailed in Appendix B, Communications.
As partial consideration for their participation in the RFCC, City radios and equipment listed in Appendix B, Communications will become the property of the District as of the date the RFCC commences live regional operations.
The District has determined which City transmit and receive sites will be retained for the regional system and will assume all responsibility for those sites listed in Appendix B, Communications.
4. Alerting
The District shall assign alert tone pairs for each unique City unit listed in Appendix C, Alerting and Mobile Computers. It is the responsibility of City, at its expense, expense and before the date the RFCC commences live operations, to equip necessary locations, apparatus and devices with the ability to receive the tones and convert them into useful alerting processes including integration with existing systems.
5. Mobile and Portable Radio Equipment
Before the date the RFCC commences live operations, City will, at its cost, purchase and maintain mobile and portable radios compatible with the District’s network.
B. Computer Aided Dispatch System (CAD)
The District will purchase and maintain a CAD platform with interfaces for existing supporting software including alerting, text/paging, ImageTrend, PulsePoint, Tablet Command, First Watch, and Intterra. CAD will be Page | 6
supported 24/7 with dedicated staff. The CAD system will have provisions for continuity of operations (COOP) and disaster recovery (DR).
Common CAD interfaces are listed in Appendix B, Communications. Any additional interfaces requested by City for City-specific operations shall be at City’s cost and may require amendments to the District’s contracts regarding the CAD platform.
C. Mobile Computers
City shall install and maintain mobile devices in each apparatus covered by this Agreement and listed in Appendix C, Alerting and Mobile Computers.
Each device shall be capable of connecting to the District’s CAD system to receive call information and post unit status. The District will provide mobile access through a CAD wide area network (WAN) or through an interface to CAD for other third-party systems (ex. Tablet Command).
Should City elect to use the CAD WAN for its mobile services, City shall establish a ‘child’ account on the District’s ‘parent’ MPLS network. This connectivity shall be at City’s expense. To maintain standardization and security, the District will establish a list of permissible devices and software images for mobile computers on the WAN. City agrees to follow all mobile operating protocols established through the regional dispatch governing process.
D. Common Response and System Status Plans
The Partners, as well as any other Partners in the RFCC, shall jointly create common terminology for incident types and determine common response plans for those incidents. It shall be the Joint Operations Committee’s responsibility to establish, monitor and approve changes to this plan.
Example:
A call type is defined as “Structure Fire – Residential”. The Partners agree that a common response to this incident type is 3 engines, 1 truck and 1 battalion chief.
The Partners will jointly create a comprehensive system status plan that will provide a dynamic move-up and coverage schema ensuring equitable and consistent response coverage.
E. Common Apparatus Numbering
The District and City agree to adopt and use the county-wide apparatus numbering system established by the Santa Barbara County Fire Chiefs Association.
IX. Data/Records
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A. Custodian of Records
The District will designate a custodian of records for the RFCC. The custodian of records will ensure RFCC records are available and maintained in accordance with public records laws of the State of California. The custodian of records will create and maintain a standard set of CAD reports.
Additionally, the custodian of records will create a policy and process for the release of CAD records, radio and telephone recordings and other data upon presentation of a subpoena or a request in compliance with the California Public Records Act.
Whenever a release involves City’s jurisdiction, the District shall use best efforts to notify City before such disclosure or as soon thereafter as reasonably possible.
B. Data Access
The District shall provide City access to all data generated by the Computer Aided Dispatch System (CAD) pertinent to City’s operations via a secure replication server. City is responsible for the security of any data retrieved from the District’s system and held on a secure replication server.
C. Confidential Data
In the performance of the work or services provided under the terms of this Agreement, or in contemplation thereof, District may have access to private or confidential information that may be owned or controlled by City. Therefore, District shall abide by all applicable local, state and federal laws, rules, regulations, guidelines, and directives regarding the confidentiality and security of said information and shall keep such information confidential, unless District is required by law to disclose it
D. Records Retention
In accord with California Government Code section 8546.7, the parties acknowledge that this Agreement, and performance and payments under it, are subject to examination and audit by the State Auditor for three years following final payment under the Agreement. District will keep and maintain all ledgers, books of account, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three years (or for any longer period required by law) from the date of final payment to District under this Agreement. Upon reasonable notice, either party shall have the right to inspect and audit any records maintained by the other party relevant to this Agreement, to the extent allowed by law.
X. Service Levels
Once the RFCC commences live operations, the following services and service levels will be provided by District to City:
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A. Emergency Call-taking
The District shall hire, train and schedule sufficient call-taking staff to answer 95% of 9-1-1 and 10-digit City emergency calls within 15 seconds of the first ring. Additional standards may be established by the District in response to Next Generation 9-1-1 and ESInet implementation.
B. EMD
The District’s call-takers shall provide each emergency call received from within City’s jurisdiction with appropriate Emergency Medical Dispatch (EMD) assistance, including pre-arrival instructions. The District will use the Priority Dispatch Corporation (PDC) ProQA and Aqua modules. All operational staff shall be trained, certified and periodically recertified by PDC. The District will maintain a quality improvement program for the EMD function in compliance with PDC guidelines.
The District will strive to be recognized as an Accredited Center of Excellence (ACE) by the National/International Academies of Emergency Dispatch, but is not required by this Agreement to obtain such accreditation. .
C. Dispatch
The Partners to this Agreement, as well as any other Partners in the RFCC, will create a master automatic aid plan. The District will dispatch the nearest appropriate resources to incidents based upon the then-current location of regional resources and the needs of the call-in accordance with the master automatic aid plan and the resulting response areas and response plans programmed into the CAD system.
The District, with input from the Joint Executive Committee, shall establish dispatch performance standards.
D. Supervision
The District will always staff the RFCC with qualified dispatch supervision.
E. System Status Management
Immediately following an incident dispatch, the RFCC will redeploy (move up) resources according to the system status plan approved by the Joint Executive Committee. The RFCC status manager shall monitor and confirm that the designated resources redeploy according to the plan.
F. Administrative Calls
Within the first year of this Agreement, the District will calculate a baseline volume of administrative calls attributable to City based upon the agreed normal operations of the RFCC as compared to total administrative calls received from within the coverage area of the RFCC.
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In the event that future City operations exceed the administrative call baseline established herein, the District will propose staffing options and/or fees to service the extra administrative call volume directly attributable City’s jurisdictional programs or operational changes above the baseline of administrative calls.
XI. Notices
Any notices required or permitted to be given hereunder shall be given in writing and shall be delivered (a) in person, (b) by certified mail, postage prepaid, return receipt requested, (c) by facsimile, or (d) by a commercial overnight courier that guarantees next day delivery and provides a receipt, and such notices shall be addressed as follows:
District: Santa Barbara County Fire Department
4410 Cathedral Oaks Road
Santa Barbara, CA 93110
FAX: (805) 681-5563
Attention: Fire Chief
City: ________________________________
________________________________
________________________________
FAX:
Attention:
Or, to such other address as either Partner may from time to time specify in writing to the other Partner. Any notice shall be effective only upon delivery, which for any notice given by facsimile shall mean notice that has been received by the Partner to whom it is sent as evidenced by confirmation slip.
XII. Insurance
Each Partner shall maintain its own insurance coverage, through commercial insurance, self-insurance or a combination thereof, against any claim, expense, cost, damage, or liability arising out of the performance of its responsibilities pursuant to this Agreement and in the minimum limits of liability as stated herein:
A. Comprehensive general liability, including but not limited to premises, personal injuries, products, and completed operations for combined single limit of not less than $1,000,000 per occurrence;
B. Comprehensive automobile liability, including but not limited to property damage, bodily injury, and personal injuries for combined single limit of not less than $1,000,000 per occurrence; and
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C. Worker’s Compensation covering statutory requirements of the State of California.
D. Upon request of the other, evidence of compliance with said insurance requirements shall promptly be supplied in writing.
XIII. Indemnification and Warranties
A. Indemnification
In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the Partners pursuant to California Government Code Section 895.6, the Partners agree that all losses or liabilities incurred by a Partner shall not be shared pro rata but instead all Partners agree that pursuant to California Government Code Section 895.4, each of the Partners hereto shall fully indemnify and hold each of the other Partners, 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 Partner, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such Partner under this Agreement. No Partner, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of other Partners 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 Partners under this Agreement.
B. Warranty, Limitations thereof, and Limitations of Liability In providing the technological services to City, including any software or hardware utilized in connection with the dispatch services provided hereunder, District warrants that it will utilize its best efforts attempting to provide the technological services outlined herein. District does not, however, either expressly or impliedly, guarantee, warrant, or insure these services, or any software or hardware for fitness for any particular purpose, or represent or warrant that errors or omissions will not occur. In no event and under no circumstances will District, its officers, employees, agents or contractors, have any liability whatsoever for losses or damages caused by District, nor for any loss of use, lost profits, lost data or any other form of direct, indirect, special, or consequential damages, nor for any claim against District made by City or by any other person or entity, arising from or in any way related to this Agreement even if District has been advised of the possibility of such claims or damages in advance, unless District expressly accepts responsibility for same in advance and in writing.
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XIV. Assignment
Neither this Agreement nor any rights or obligations hereunder shall be assigned or otherwise transferred by either Partner without the prior written consent of the other Partner, which consent will not be unreasonably withheld.
XV. Successor
This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors and assigns of the Partners hereto, but nothing in this paragraph shall be construed as a consent to any assignment of this Agreement by either Partner except as provided in the Section XIV, Assignment.
XVI. Waiver
A. The failure or delay of any Partner to enforce at any time or any period of time any of the provisions of this Agreement shall not constitute a present or future waiver of such provisions nor the right of either Partner to enforce each and every provision.
B. No term or provision hereof shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the Partner claimed to have waived or consented. Any consent by any Partner to, or waiver of, a breach by the other, whether expressed or implied, shall not constitute a consent to, waiver of or excuse for any other, different or subsequent breach.
XVII. Severability
If any term, clause, sentence, paragraph, article, subsection, section, provision, condition or covenant of this Agreement is held to be invalid or unenforceable, for any reason, it shall not affect, impair, invalidate or nullify the remainder of this Agreement, but the effect thereof shall be confined to the term, clause, sentence, paragraph, article, subsection, section, provision, condition or covenant of this Agreement so adjudged to be invalid or unenforceable.
XVIII. Entire Agreement
This Agreement and its Addenda or Amendment(s) represent the entire agreement between the Partners hereto and a final expression of their agreements with respect to the subject matter of this Agreement and supersedes all prior written agreements, oral agreements, representations, understandings or negotiations with respect to the matters covered by this Agreement.
XIX. General Terms
A. This Agreement shall not become a binding contract until signed by an authorized officer of each Partner, and it is effective as of the date so signed by both parties. Any individual executing this Agreement on behalf of a party Page | 12
represents and warrants hereby that he or she has the requisite authority to enter into this Agreement on behalf of such entity and bind the entity to the terms and conditions of this Agreement.
B. This Agreement may be executed in any number of identical counterparts, and each such counterpart shall be deemed a duplicate original thereof.
C. The parties agree that each party has fully participated in the review and revision of this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendment hereto.
D. The section and paragraph headings are for convenience only and shall not be used to interpret the terms of this Agreement.
E. Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural, and the use of any gender, be it masculine, feminine or neuter, shall include all genders.
F. A facsimile or scanned signature copy of this Agreement, its exhibits and amendments, and notices and documents prepared under this Agreement shall be treated as an original in all respects; the Partners agree that any document in electronic format or any document reproduced from an electronic format shall not be denied legal effect, validity, or enforceability, and shall meet any requirement to provide an original or hard copy.
G. The parties shall comply with all applicable federal, state, and local laws and regulations in the performance of this Agreement.
H. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of laws provisions.
Venue for any cause of action arising out of a right or duty hereunder shall be brought in the County of Santa Barbara.
I. Neither District nor City shall be deemed in default in the performance of the terms of this Agreement if either party is prevented from performing the terms of this Agreement by causes beyond its control, including without limitation:
acts of God; rulings or decisions by municipal, federal, state or other governmental bodies; any laws or regulations of such municipal, federal, state or other governmental bodies; or any catastrophe resulting from flood fire, explosion, or other causes beyond the control of the defaulting party. Any party delayed by force majeure shall, as soon as reasonably possible, give the other party written notice of the delay. The party delayed shall use reasonable diligence to correct the cause of the delay, if correctable, and if the condition that caused the delay is corrected, the party delayed shall immediately give Page | 13
the other party written notice thereof and shall resume performance under this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement on the _____ day of _________, ____.
By: ____________________________________________________ Mark Hartwig, Fire Chief / Fire Warden
Santa Barbara County Fire Protection District
Date: _______________ Date: _______________
APPROVED AS TO FORM: APPROVED AS TO FORM:
RACHEL VAN MULLEM GREG MILLIGAN
COUNTY COUNSEL RISK MANAGER
By: _____________________ By: _____________________
Deputy County Counsel Risk Manager
IN WITNESS WHEREOF, the parties have executed this Agreement on the _____ day of _________, ____.
By: ____________________________________________________ Michael Cash, Chief of Police
City of Guadalupe
Date: _______________
APPROVED AS TO FORM:
By: _____________________
Philip F. Sinco, City Attorney
City of Guadalupe
Appendix A
Financial Calculations
Appendix - A
Financial Calculations
I. Start-Up Costs
The District is responsible for the initial capital, equipment, hiring, and training costs for the RFCC and the District owns and operates the dispatch center as the sole principal.
II. Fiscal Year
The annual fiscal year begins on July 1st and ends on June 30th.
III. Cost Allocation
The method for allocating costs among the Partners to the RFCC is based on a blend of equally shared, fixed operating costs and of proportionally shared operating and capital replacement set-aside costs.
A. Equally Shared Costs
Certain fixed operating costs will be billed equally to each Partner. The following line times are deemed fixed operating costs:
Communications Household Supplies
Structure and Ground Maintenance Copier Expense
Printing Expense Contractual Services
Natural gas Water
Motor Pool General Liability
Telephone Services
B. Proportionally Shared Costs
All other operating costs and the funding of the shared operating and capital replacement set-aside will be calculated based upon each Partner’s percentage of actual incidents dispatched to a location within that Partner’s jurisdiction.
The calculation of dispatched incidents is not related to which jurisdiction’s resources responded to or mitigated the incident. Neither is it related to the number of 9-1-1 calls (or other notifications) received for an incident nor the number of resources dispatched to an incident.
1. Calculating Incidents Dispatched
On or before the 15th of January of each year, the RFCC manager shall determine the number of incidents dispatched for the previous calendar year for each RFCC Partner. An incident is dispatched and billable when the following criteria have been fulfilled:1
1 Data elements from TriTech tables.
• ‘Division’ = (SBC) (CRP) (MTO) (STB) (LMP) (SMR) (GUA), .and. • ‘Time_First_Unit_Assigned’ .not. null, .and.
• ‘Problem_Nature’ ≠ ‘Test’
2. Apportioning Costs
The number of a Partner’s dispatched incidents will be compared to the total dispatched incidents for the RFCC in that period and a percentage of dispatch effort will be assigned to each Partner.
C. Modifying Cost Allocation Formula
Any modification to the cost allocation method shall be agreed by all Parties to the Agreement and then made part of the Agreement by amendment. Changes to the cost allocation method will be implemented during the following annual budget development process
IV. Budget
The District is responsible for the development of the annual RFCC budget. Budget development will be conducted in the months of December and January, each fiscal year. The District will establish an annual meet and confer budget development meeting with all participating agencies during the month of January. The goal of the meeting is to receive recommendations and changes to operating budget from the partner agencies.
A draft of the final approved budget will be emailed to each participating agency for their records. Whenever possible the District will pursue grants and other funding opportunities to help offset costs or for facility and equipment purchases.
Quarterly budget to actual reporting will be provided for the following periods:
Q1: July – September (On or Before October 20th)
Q2: October – December (On or Before January 20th)
Q3: January – March (On or Before April 20th)
Q4: April – June (On or Before July 20th
V. Restricted Capital Replacement Fund
The District will establish a Restricted Capital Replacement Fund to ensure that the RFCC is accumulating sufficient funds for the preventative maintenance, repair, renewal and replacement of capital assets in order to continue to provide critical RFCC services that contribute to public health and safety. This fund will provide reserves for the systematic preventative maintenance, repair, renewal and replacement of capital assets of the RFCC. Capital assets are all assets greater than $5,000. In lieu of City funding the initial capital costs for the RFCC, City will be billed a cost share towards the Restricted Capital Replacement Fund on a quarterly basis. Incidents dispatched is the defined method for calculating the Restricted Capital Replacement Fund.
The Restricted Capital Replacement Fund cannot be used for non-capital purposes. A fund balance reconciliation will be provided to City on an annually basis. All withdrawals from the fund balance will be reported to the City. Planned withdrawals for capital will be approved during the budget development process. If an unplanned event or emergency occurs, the District will notify City via email as soon as is reasonably possible but not later than ten business days after the emergency acquisition.
Updating unit costs and recalculating repair and replacement costs will be repeated on an annual basis. Both inflationary cost factors as well as changes in the amount of funding requirements will need to be addressed each year during the annual budgetary review. During this process, an evaluation of existing capital assets will be made to ensure they still provide the most appropriate method to deliver services.
Critical capital assets will be prioritized for replacement to ensure that the RFCC can continue to provide effective and expected service delivery.
Should City elect to terminate this Agreement pursuant to Section V of the Agreement, City’s contribution for the Restricted Capital Replacement Fund will not be refunded and their portion of the Restricted Capital Replacement Fund will off-set City’s use of the existing capital infrastructure.
VI. Billing
The District will bill City based on budget for the first three quarters. The cost portion of the rate will be reconciled to actual cost in the 4th quarter invoice to City.
A. Payment
City will submit their portion of the cost share allocation to the District on a quarterly basis. Payments will be due on the following dates:
Q1: October 20th
Q2: January 20th
Q3: April 20th
Q4: July 20th
B. Late Payments
Payments received 60 days past the due date will be accessed a penalty of 1 ½% of the late payment and then for each 30-day (or major portion thereof) period the payment is late thereafter. Payments in arears over 120 days constitute a breach of the Agreement.
VII. Dispute Resolution Process
Disputes arising out of this process shall be handled promptly. City shall notify the District, in writing, of its dispute of any calculation within the Agreement. City’s notification shall state the specific calculation in question and the specific requested remedy. The District shall respond promptly providing additional information and data as appropriate.
If this level of contact does not solve the dispute, the respective fire chiefs shall meet to discuss a resolution. If the fire chiefs are unable to resolve further action will be taken at their direction.
Appendix B
Communications
Appendix - B
Communications
I. Radio Frequencies
City shall work with the District to convey ownership of the below listed FCC radio frequency to the District. City will provide the required approvals and assist in the license transfers. The listed frequencies shall be used only in the radio plan for the RFCC and shall not be loaned or transferred to any other entity.
A. (xxx.xxx)
B. (xxx.xxx)
C. (xxx.xxx)
Should City elect to terminate the Agreement per Section V of the Agreement, the District shall take action and cooperate to reconvey the listed frequencies to City. The District shall take all actions necessary to keep the licenses current throughout the term of this Agreement.
Should the listed frequencies become surplus to the District’s needs, the District will consult City prior to releasing the licenses. Should City wish to retain the licenses, the District shall take action and cooperate to reconvey the desired frequencies to City.
II. Equipment
City herein transfers ownership of the below listed equipment to the District for exclusive use in the District’s radio system. The equipment shall include any ancillary or connected equipment necessary to operate the serial numbered items listed below.
Examples include but are not limited to antennas and cabling, receiver-combiners, RF filters, DC power supplies, AC UPS systems, comparators, voters, etc. The intent is to provide the City radio system to the District in a turnkey serviceable condition. The District certifies that the equipment will be used in its system as operational equipment or as spares. Should the District determine it has no further use for said equipment it shall be disposed of in the manner prescribed by District policies.
Item Serial Number
III. Communications Sites
To the extent possible by law and existing agreements, City shall assign lease rights for the below listed communications sites to the District. The District shall become the lessee of record and shall maintain such lease for the duration of this Agreement unless the lease is no longer needed for regional communications use.
Should the District determine a communication site is surplus to its needs and intends to discontinue or nonrenew the lease, it shall give City notice in such time that City could indicate its desire for the District to assign the lease(s) to City. The District shall cooperate in a business-like manner to assign any specified lease(s) to City.
Should City elect to terminate the Agreement per Section V of the Agreement, the District shall take action and cooperate to assign the lease(s) to City at City’s request.
Site Facilities Leased
Appendix C
Alerting & Mobile
Computing
Alert Tone Allocation
(Guadalupe)
Sta. 81 Engine 81 Rescue 81
Sta. 82 Engine 181 Engine 681
Fire Chief Chief 800
Deputy Chief
Battalion Chief
Battalion Chief
Battalion Chief
Battalion Chief
Mobile Computer Installation
*GUA currently does not have MDT. We are looking at adding the appropriate hardware/software in the future on E-81, R-81, E-681 to meet dispatch center requirements.
Sta. 81
Sta. 82
Fire Chief
Deputy Chief
Battalion Chief
Battalion Chief
Battalion Chief
Battalion Chief
Appendix D
Call Transfer Agreement
Call Transfer Agreement
Between
The City of Santa Maria Police Department
Public Safety Answering Point
and
The Santa Barbara County Fire Department
Regional Fire Communications Center
I. Intent
The intent of this agreement is to ensure appropriate and rapid transfer of designated calls for service from the City of Santa Maria Primary Public Safety Answering Point (City) to the Santa Barbara County Fire Department Secondary Public Safety answering Point (RFCC). When the City receives a medical emergency, rescue, reported fire, hazardous materials release, or any other Fire-EMS related incident on its 9-1-1 or 10-digit lines, the call will be transferred to the RFCC as provided for below, for dispatch of appropriate fire and ambulance resources and the provision of Emergency Medical Dispatch (EMD) to the caller as appropriate.
II. Definitions
A. Medical Emergency
Any call for which there is or may be a need to provide emergency medical dispatch (EMD), pre-hospital care or ambulance transport. These events include, but are not limited to, illness or injury, vehicle accidents (or other transportation incidents), physical rescues (water, high angle, confined space, etc.), and hazardous materials releases with reported or possible injuries.
B. Fire Emergency
Any event which requires the effort of fire suppression resources. Incidents include but are not limited to fires, smoke checks, fire alarms, aircraft standby, and hazardous conditions (gas leak, wires down, etc.).
C. Non-transferrable calls
Any call such a radio call, a ten-digit call etc. that cannot be transferred but requires medical or fire resources.
III. Policy
The City will transfer all calls for medical or fire emergencies to the RFCC pursuant to the provisions of this policy. This transfer of non-criminal medical or fire emergencies shall be accomplished 95% of the time in-thirty (30) seconds or less from the time the call is answered at the City.
IV. Procedures
The City will answer 9-1-1 calls in the manner provided in their internal procedures.
Medical and/or Fire Emergencies will be transferred using the following procedures.
A. Non-criminal Medical or Fire Emergency
1. Upon confirmation that the caller is reporting a non-criminal medical emergency or reported fire, the City shall take the following actions before transferring the call:
a. Create a record of the incident
b. Confirm the location of the incident
c. Obtain a callback number
d. Tell the caller: “Do not hang up; I am connecting you with the fire department.”
2. The City call-taker shall then transfer the call to the RFCC. A three-way conference call will be created between the caller and both communications centers. The City call-taker will remain on the line with the caller and the RFCC call-taker. Once the City call-taker has confirmed that the caller and the RFCC call-taker have made contact, the City call-taker may disconnect or monitor the call for any assistance the law enforcement agency may be able to render. The RFCC will provide Emergency Medical Dispatch (EMD) pre-arrival instructions as appropriate.
B. Crime-related Medical or Fire Emergency
Upon confirmation that the caller is reporting a crime-related medical emergency or crime-related fire emergency, the City call-taker will make one of the following decisions as to the criticality of fire and/or ambulance response related to a crime in progress and take the associated action:
1. Determine that the situation requires the call-taker to continuously engage the caller for the public safety and for law-enforcement operations. In this instance the City staff will notify the RFCC via the ring-down line providing patient information as available, response priority, and staging location if required.
2. Determine that the situation requires a certain amount of law-enforcement information but that the caller and/or patient will benefit from EMD. In this case the City call-taker will obtain the appropriate law-enforcement information and then transfer the call.
3. Determine that the caller and/or patient are a higher priority than lawenforcement information and immediately transfer the call to the RFCC. The City call-taker may remain on the line or request the RFCC to re-transfer the call at the conclusion of RFCC business.
C. Non-transfer Calls
This call type will require the City to request medical and/or fire resources via the interagency ring down line. The City will provide the following:
1. Incident type
2. Incident location
3. Callback phone number
4. Staging requirements as appropriate
V. Standards
A. Quality assurance managers from City and the RFCC shall meet quarterly to discuss processes and review eCATS data to ensure 95% of required calls are transferred within 30 seconds (NFPA Standard 1710, Section 4.1.2.3.2).
B. Quality assurance managers from City and the RFCC shall randomly review 20 transferred calls each quarter prior to the quarterly meeting and any of those calls not meeting policy standards will be discussed at the meeting.
C. Where possible, each Party will exchange instructors during initial or on-going dispatcher training to share experiences and promote exceptional service.
The Parties agree to use the procedures and standards described above when transferring medical and fire-related emergency calls.
Serving the cities of Buellton, Goleta, and Solvang, and the Communities of Casmalia, Cuyama, Gaviota, Hope Ranch, Los Alamos, Los Olivos, Mission Canyon, Mission Hills, Orcutt, Santa Maria, Sisquoc, and Vandenberg Village Fire Department
HEADQUARTERS
4410 Cathedral Oaks Road
Santa Barbara, CA 93110-1042
(805) 681-5500 FAX: (805) 681-5563
Mark A. Hartwig
Fire Chief
County Fire Warden
Executive Summary
The Santa Barbara County Fire Department Regional Fire Communications Facility (RFCF) is designed to consolidate and regionalize fire and ambulance dispatch operations. This goal has been embraced by the regional fire chiefs as a way to improve services for a mobile public that crosses political boundaries many times a day.
Moreover, the fire chiefs see the RFCF as a way to focus on the particular needs and challenges of Fire/EMS services, such as providing the nearest resources to an emergency call and providing improved emergency medical dispatch services to all Santa Barbara County citizens regardless of the jurisdiction in which they live, work or play.
The RFCF will provide dividends in administration such as economies of scale, joint planning, and common policies. Important additional advantages are seen in common communications, unified command, integrated system status, common resource numbering, and universal response procedures. The RFCF will incorporate redundancies to improve regional continuity of operations and disaster recovery including a geo-diverse back-up dispatch center.
The Santa Barbara Fire Protection District will be applying a blended cost share for the Regional Fire Communications Facility. Cost will be will be shared by the participating agencies on a blended basis; variable costs will be allocated to each agency on a per incident call basis while fixed costs will be evenly allocated to each agency. Variable costs include Salaries and Employee Benefits, certain Services and Supplies, certain Other Charges and Depreciation Expense. Fixed costs include certain Services and Supplies as well as certain Other Charges. The estimates are susceptible to change depending on the actual number of incident calls and cost in any given year. The summary below provides an estimate of each agencies cost share based on number of participants.
“Serving the community since 1926”
Rob Heckman
Deputy Fire Chief
Administration
Woody Enos
Deputy Fire Chief
Operations
ATTACHMENT 3
Including MTO, STB, SM, LMP, CRP & Guad
Agency Calls for Service
Annual Cost -
Call for Service
Annual Cost -
Fixed Expense
Total Cost Per
Agency
Santa Barbara Co. FPD 15,682 $ 1,116,098 $ 20,286 $ 1,136,384 City of Santa Barbara 10,341 $ 735,976 $ 20,286 $ 756,261 City of Santa Maria 9,730 $ 692,490 $ 20,286 $ 712,776
City of Lompoc 4,153 $ 295,572 $ 20,286 $ 315,857
Carpinteria-Summerland FPD 2,072 $ 147,466 $ 20,286 $ 167,751 Montecito FPD 1,309 $ 93,162 $ 20,286 $ 113,448
City of Guadalupe 800 $ 56,937 $ 20,286 $ 77,222
TOTALS 44,087 $ 3,137,700 $ 142,000 $ 3,279,700
Calls Per Service Rate $ 71.17
Including MTO, STB & CRP
Agency Calls for Service
Annual Cost -
Call for Service
Annual Cost -
Fixed Expense
Total Cost Per
Agency
Santa Barbara Co. FPD 15,682 $ 1,673,426 $ 35,500 $ 1,708,926 City of Santa Barbara 10,341 $ 1,103,488 $ 35,500 $ 1,138,988 Carpinteria-Summerland FPD 2,072 $ 221,103 $ 35,500 $ 256,603 Montecito FPD 1,309 $ 139,683 $ 35,500 $ 175,183
TOTALS 29,404 $ 3,137,700 $ 142,000 $ 3,279,700
Calls Per Service Rate $ 106.71
Including MTO & CRP
Agency Calls for Service
Annual Cost -
Call for Service
Annual Cost -
Fixed Expense
Total Cost Per
Agency
Santa Barbara Co. FPD 15,682 $ 2,581,200 $ 47,333 $ 2,628,533 Carpinteria-Summerland FPD 2,072 $ 341,044 $ 47,333 $ 388,377 Montecito FPD 1,309 $ 215,457 $ 47,333 $ 262,790
TOTALS 19,063 $ 3,137,700 $ 142,000 $ 3,279,700
Calls Per Service Rate $ 164.60
Cost Allocation Per Agency
Calls for Service (Incident) Plus Blended Fixed Cost Share Santa Barbara County Regional Fire Communication Facility
FIRE DEPARTMENT
REGIONAL FIRE
COMMUNICATIONS CENTER
(RFCC)
AUGUST 23, 2022
DIRECTOR OF PUBLIC SAFETY / CHIEF MICHAEL CASH
ATTACHMENT 4
REGIONAL FIRE COMMUNICATIONS CENTER (RFCC)
August 8, 2018 – City of Guadalupe entered into a Dispatch Service Agreement with the City of Santa Maria for police and fire dispatching October 1, 2019- County Board of Supervisors authorized the County Fire Department to establish a Regional Fire Communications Center (RFCC) - Center is currently run by Sheriff- Sheriff, Fire and Ambulance
The City of Santa Maria has agreed to discontinue fire dispatching and turn their fire dispatching services over to the Regional Fire Communications Center (RFCC) by FY2024
Agreement / Staff Report has been vetted and approved by City Administrator, City Attorney, and Finance Director
Timeline
• Regional Dispatch Cost Estimate
$59,429K - $64,500K annual estimate
550 to 620 yearly Fire Calls for Service
REGIONAL FIRE COMMUNICATIONS CENTER (RFCC)
Initial Cost Projections- January 2020
All Fire Agencies have committed to the RFCC with five-year contracts - Three-year renewal terms after initial five years
With all agencies joining, we are asking for $65,000 to ensure adequate funding from the City
REGIONAL FIRE COMMUNICATIONS CENTER (RFCC)
Final Projections
Annual Cost- Annual Cost- Total Cost Per
Agency Calls for Service Calls for Service Fixed Expense Agency______ Santa Barbara Co. FPD 15,682 $1,116,098 $20,286 $1,136,384 City of Santa Barbara 10,341 $735,976 $20,286 $756,261
City of Santa Maria 9,730 $692,490 $20,286 $712,776
City of Lompoc 4,153 $295,572 $20,286 $315,857
Carpinteria-Summerland FPD 2,072 $147,466 $20,286 $167,751 Montecito FPD 1,309 $93,162 $20,286 $113,448
City of Guadalupe 609 $43,342 $20,286 $63,628
Calls Per Service Rate $71.17
REGIONAL FIRE COMMUNICATIONS CENTER (RFCC)
Final Costs- All Agencies Participating
Year Total Calls EMS Calls FIRE Calls Hazardous Conditions Misc. Calls 2017 530 386 26 17 101
2018 569 411 21 28 109
2019 567 420 14 20 113
2020 563 442 26 7 87
2021 529 375 24 22 108
2022 609 372 20 39 178
REGIONAL FIRE COMMUNICATIONS CENTER (RFCC)
Guadalupe City Fire Department Call Volume
• Current Police / Fire Dispatch Services Contracted with City of Santa Maria
• Monthly cost for Santa Maria Fire Dispatching Services - $2,013.08 • Yearly cost for Santa Maria Fire Dispatching Services - $24,156.96 • Portable and mobile radios purchased from Santa Maria • Programming, labor, training, hardware installation provided by Santa Maria
• Water tower repeater maintenance and repairs
REGIONAL FIRE COMMUNICATIONS CENTER (RFCC)
Current Contracted Dispatch Services
• Monthly cost for Santa Maria Police Dispatching Services - $6,210.25 • Yearly cost for Santa Maria Police Dispatching Services - $50,367 • Yearly cost of Santa Maria Dispatching Services FD/PD - $74,503
REGIONAL FIRE COMMUNICATIONS CENTER (RFCC)
Current Contracted Dispatch Services – Cont.
Early Termination of Santa Maria Dispatching Contract
• Contract is not being terminated on City of Guadalupe end • Contract is being amended by Santa Maria dissolving fire dispatching • Guadalupe police dispatching will continue under existing contract Early Termination of Regional Fire Communication Center (RFCC) • Cost would include radio reprograming, license transfers, CAD reconfiguration and administrative cost
• Exact cost are unavailable due to ongoing engineering to radio system
REGIONAL FIRE COMMUNICATIONS CENTER (RFCC)
Current Contracted Dispatch Services – Cont.
Redundant Dispatch Center
• To be placed in Santa Maria
• Will act as a full stand-alone center if the main RFCC goes down - However, RFCC will be designed for resiliency
• We currently do NOT have this capability in the City or the County. • We don’t have the actual cost however; it is projected to be divided by all participating agencies.
• I will return to City Council if/when an update occurs
REGIONAL FIRE COMMUNICATIONS CENTER (RFCC)
Possible Additional Costs
REGIONAL FIRE COMMUNICATIONS CENTER (RFCC)
Brief Review of Rationale to Support RFCC
• All Fire Agencies function as ONE
• Closest, most appropriate fire/EMS resource regardless of jurisdiction • Improved response times
• Fire-centric expert emergency incident interrogation and dispatching • Robust staffing for major/multiple incidents
• 100% Emergency Medical Dispatch screening
• Full boundary drop- three fire stations on periphery of the City immediately available for response
• Potentially negates the need to staff additional fire stations in the future • In effect, we go from a single station department to a four-station department • Shared Governance Model- each Agency will be well-represented • Joint Executive Committee- budget and funding
• Joint Operations Committee- nuts and bolts of deployment
REGIONAL FIRE COMMUNICATIONS CENTER (RFCC)
Detailed County-Wide Response Zones
• San Luis County Engine - SLE22 -
Nipomo Mesa off Highway 1
• San Luis County Engine - SLE20 -
101 and Teft
• Santa Barbara County Engine -
SBC21 – Orcutt
• Santa Barbara County Engine -
SBC26 - 101 and Clark
• Santa Maria Fire Engine - SMR
Engine 1, Truck 1 and a BC (1-5)
REGIONAL FIRE COMMUNICATIONS CENTER (RFCC)
Incident Example- Loma Fire
• 911 calls immediately transferred to
RFCC
• All 37 fire stations in County
immediately available without multijurisdictional dispatch delays - Response units and move-up units
immediately sent
• Dedicated dispatch channel
• Dedicated TRO- Tactical Radio
Operator- dispatcher assigned to the
single incident with no
distracting/competing duties
REGIONAL FIRE COMMUNICATIONS CENTER (RFCC)
Current Progression of a Fire/EMS call
REGIONAL FIRE COMMUNICATIONS CENTER (RFCC)
Proposed Progression of a Fire/EMS call
REGIONAL FIRE COMMUNICATIONS CENTER (RFCC)
How Will the RFCC Be Staffed?
• Dedicated Call Takers- no
distracting law duties
• Dedicated Dispatcher- no
distracting law duties
• Tactical Radio OperatorsIncident Dispatcher- follows each call with no distracting
duties
• 24 Full Time Employee’s
Ventura County Regional Fire
Dispatch Center
REGIONAL FIRE COMMUNICATIONS CENTER (RFCC)
Locution Fire Station Alerting System
• The Locution Fire Station
Alerting System has been in
use in the county since 2019.
• The system will carry over to
the RFCC and be fully
operational for all fire
departments to use
REGIONAL FIRE COMMUNICATIONS CENTER (RFCC)
Staff Recommended Funding
General Fund- funds will need to be placed into FD budget to offset the payments to the RFCC
Continuing Funding Sources
1. Measure V2014 – Public Service Protection
2. Measure W2014 – Public Service Preservation
3. Measure X2014 – Public Service Preservation
4. Measure N2020 – Essential Services Transaction
One-time Start Up Funding Source - $64,500
• Fund 76
• Guadalupe / Chevron Program Grant
REGIONAL FIRE COMMUNICATIONS CENTER (RFCC)
Staff Recommended Funding – Cont.
REGIONAL FIRE COMMUNICATIONS CENTER (RFCC)
Cost
Current Fire Dispatching Yearly Budget - $24,200
Current Fire Dispatching Actual Yearly Cost - $24,156
Last 5 Years, Fire Calls for Service Average – 550 to 620 New Average Cost per Service Rate - $71.17
New Average Yearly Cost for Fire Calls for Service - $39,143 to $44,125 New Fire Dispatching Fixed Yearly Expense - $20,000
This represents an additional cost of about $40,000 annually. This agreement is not for the current fiscal year, as such, does not have a fiscal impact for the current fiscal year’s budget. However, costs for the fire department will increase about $40,000 more annually starting in 2024. The agreement presented is set for five years, which may include annual increases for inflation.
REGIONAL FIRE COMMUNICATIONS CENTER (RFCC)
Cost
Staff respectfully requests City Council vote to authorize staff to sign the RFCC Agreement
Suggest guidance from Finance Department on funding
sources to support RFCC Agreement
REGIONAL FIRE COMMUNICATIONS CENTER (RFCC)
Requests
REGIONAL FIRE COMMUNICATIONS CENTER (RFCC)
On Behalf of the City of Guadalupe Fire
Department and All Fire Departments in the
County
Thank you for considering this important Agreement to
ensure increasing Fire’s efficiencies and level of service to the community
REGIONAL FIRE COMMUNICATIONS CENTER (RFCC)
Questions
Agenda Item No. 13
REPORT TO THE SUCCESSOR AGENCY FOR THE FORMER GUADALUPE
COMMUNITY DEVELOPMENT AGENCY
Agenda of August 23, 2022
_______________________________ _________________________________ Prepared by: Wendy Stockton, Approved by:
Assistant Successor Agency Attorney Todd Bodem, Agency Administrator SUBJECT: Biennial Update to Successor Agency Conflict of Interest Code RECOMMENDATION:
By resolution, that the Successor Agency for the Former Guadalupe Community Development Agency (“Successor Agency”) approve an update to its conflict-of-interest code.
DISCUSSION:
A conflict-of-interest code tells public officials, government employees, and consultants what financial interests they must disclose on their Form 700 Statements of Economic Interests. The Political Reform Act requires every local government agency to review its conflict of interest code biennially. Staff has conducted a review of the Successor Agency’s conflict of interest code, last updated in 2014. This review suggests that changes are needed in the Successor Agency’s code.
The Fair Political Practices Commission, known as the FPPC, is the State agency that administers the Political Reform Act. The FPPC advises local government agencies to include three components in their conflicts of interest codes:
• Incorporation by reference of Regulation 18370.
• Listing of all agency positions that involve the making or participation in making of decisions that “may foreseeably have a material effect on any financial interest.” • Detailed descriptions of types of financial interests that must be disclosed. These disclosure categories must not require public officials to disclose private financial information that does not relate to their work for the public.
Staff has drafted updates to the code which include these three components. The recommended updates incorporate Regulation 18730 by reference, designate the Successor Agency’s filing officer, and specify where to file Form 700s. The recommendations also include a procedure for the Agency Administrator to make a written determination regarding a new position. Finally, the recommended updates reorganize disclosure categories to make it easier to understand what to disclose on Form 700s.
ATTACHMENTS:
1. SA Resolution No. 2022-02
Wendy Stockton
SUCCESSOR AGENCY RESOLUTION NO. 2022-02
A RESOLUTION OF OF THE SUCCESSOR AGENCY FOR THE FORMER GUADALUPE COMMUNITY
DEVELOPMENT AGENCY UPDATING ITS CONFLICT OF INTEREST CODE AND RESCINDING RESOLUTION NO. 2014-01
WHEREAS, the Political Reform Act (“PRA”) of 1974 (section 81000, et seq., California Government Code) provides that public officials shall not participate in matters in which they known or in which they have reason to know that they have a financial interest; and WHEREAS, the PRA and implementing state regulations (Section 18730, et seq., Title 2, Division 6, California Code of Regulations) adopted by the Fair Political Practices Commission (“FPPC”) set forth various rules applicable to conflicts of interest, including rules of disclosure and participation; and
WHEREAS, among them are rules requiring public agencies to adopt conflict of interest codes; and
WHEREAS, by resolution the Successor Agency for the Former Guadalupe Community Development Agency previously has adopted such codes; and WHEREAS, because biannually it is necessary to review and update conflict of interest codes, this agency desires to adopt the provisions set out below;
NOW, THEREFORE, THE SUCCESSOR AGENCY FOR THE FORMER GUADALUPE COMMUNITY DEVELOPMENT AGENCY RESOLVES AS FOLLOWS:
Section 1. Appendix “A” and Appendix “B” hereto are incorporated herein by reference and adopted as the conflict of interest code for the Successor Agency for the Former Guadalupe Community Development Agency.
Section 2. Resolution No. 2014-01 is hereby rescinded.
The Agency 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 Agency Clerk shall consult with the Agency Administrator and Successor Agency Attorney concerning any changes deemed necessary.
PASSED, APPROVED AND ADOPTED at a regular meeting on the 23rd day of August 2022 by the following vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTACHMENT 1
I, Amelia M. Villegas, Agency Clerk for the Successor Agency for the Former Guadalupe Community Development Agency DO HEREBY CERTIFY that the foregoing Resolution, being SA Resolution No. 2022-02, has been duly signed by the Chairperson and attested by the Agency Clerk, all at a regular meeting of the Successor Agency for the Former Guadalupe Community Development Agency, held August 23, 2022 and that same was approved and adopted.
ATTEST:
______________________________ ____________________________________ Amelia M Villegas, Agency Clerk Ariston Julian, Chairperson APPROVED AS TO FORM:
______________________________
Philip F. Sinco, Successor Agency Attorney
APPENDIX A
Successor Agency for the Former Guadalupe Community Development Agency Conflict of Interest Code
The Political Reform Act (Government Code §§81000 et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code Regs. §18730) that contains the terms of a standard conflict of interest code, which can be incorporated by reference in an agency’s code. After public notice and hearing, the standard code may be amended by the Fair Political Practices commission to conform to amendments in the Political Reform Act.
Therefore, the terms of 2 Cal. Code Regs. §18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the accompanying list of designated positions, together with the disclosure requirements stated below, shall constitute the conflict of interest code of the Successor Agency for the Former Guadalupe Community Development Agency (“Successor Agency”).
Members of the Successor Agency and Consultants shall file their statements of economic interests with the Administrative Assistant to the Agency Administrator, who is designated as the Filing Officer. The Filing Officer shall administer this Conflict of Interest Code at the local level and shall notify each public official, employee, and consultant of their filing obligations, and shall make the statements available for public inspection and reproduction. (Government Code §81008.) Upon receipt of the statements for members of the Successor Agency, the Filing Officer shall make and retain copies and forward the originals to the Fair Political Practices Commission. All other statements will be retained by the Successor Agency.
LIST OF DESIGNATED POSITIONS
JOB TITLE DISCLOSURE CATEGORY(IES)
Members of Successor Agency for the Former
Guadalupe Community Development Agency 1
Consultants* 1
* Consultants and new positions shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the Code subject to the following limitation:
The Agency Administrator may determine in writing that a particular consultant or new position, although a “designated position,” is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with the disclosure requirements in this section. Such written determination shall include a description of the consultant’s or new position’s duties and, based upon that description, a statement of the extent of disclosure requirements. The Agency Administrator’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict on Interest Code. (Government Code Section 81008.)
APPENDIX B
Successor Agency for the Former Guadalupe Community Development Agency Conflict of Interest Code
DISCLOSURE CATEGORIES
CATEGORY 1: All interests in real property, investments, and business positions in business entities located in Guadalupe or within one mile of the city limits; as well as sources of income, including gifts, loans, and travel payments.
CATEGORY 2: Interests in real property located in the City of Guadalupe or within one mile of the city limits.
CATEGORY 3: Investments and business positions in business entities, and all sources of income, including gifts, loans, and travel payments.
CATEGORY 4: Investments and business positions in business entities, and sources of income, including gifts, loans, and travel payments, from entities providing business and office supplies, including election supplies.
CATEGORY 5: Investments and business positions in business entities, and sources of income, including gifts, loans, and travel payments, from entities providing construction or demolition materials, supplies, equipment or labor.
CATEGORY 6: Investments and business positions in business entities, and sources of income, including gifts, loans, and travel payments, from entities providing materials or supplies of the type used by the official’s or designated employee’s department.
CATEGORY 7: Investments and business positions in business entities, and sources of income, including gifts, loans, and travel payments, from entities providing equipment or machinery of the type used by the official’s or designated employee’s department.
CATEGORY 8: Investments and business positions in business entities, and sources of income, including gifts, loans, and travel payments, from entities providing training, professional services, or labor (skilled or unskilled) of the type used by the official’s or designated employee’s department.