Guadalupe City Council
October 11, 2022

October 11, 2022 City of Guadalupe Council Meeting Agenda Page 1 of 5 City of Guadalupe
AGENDA
Regular Meeting of the Guadalupe City Council
Tuesday, October 11, 2022, at 6:00 pm
at
City Hall, 918 Obispo Street, Council Chambers
and
Hilton San Diego Mission Valley
901 Camino del Rio South
San Diego, CA 92108
(room number will be available at the front desk upon request) 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, October 11, 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.

October 11, 2022 City of Guadalupe Council Meeting Agenda Page 2 of 5

1. ROLL CALL:

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

Mayor Pro Tempore Tony Ramirez
Mayor Ariston Julian

2. 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. CEREMONIAL CALENDAR
• Hispanic Heritage Month (September 15th through October 15th) • Filipino American History Month – October 2022

5. PRESENTATION
• Guadalupe Community Air Monitoring Project – Alhan Diaz-Correa

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

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

7. CONSENT CALENDAR
The following items are presented for City Council approval without discussion as a single agenda 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 October 3, 2022.

C. Approve the Minutes of the City Council regular meeting of September 13, 2022.

D. Approve the Minutes of the City Council regular meeting of September 27, 2022.

October 11, 2022 City of Guadalupe Council Meeting Agenda Page 3 of 5 E. Adopt Resolution No. 2022-84 authorizing the Guadalupe Public Safety Department to accept the Cal Fire, Rural Fire Capacity (RFC) grant in the amount of $3,500 for structural turnouts.

F. Adopt Resolution No. 2022-85 approving a restatement and continuation of a lease between the City of Guadalupe and Charles A. Pasquini, Jr. for land used by the City for wastewater effluent disposal for an additional 30 years, with an annual lease payment of $5,923.30 the first year and adjusted by CPI each remaining year.

G. Adopt Resolution No. 2022-86 authorizing the Mayor, on behalf of the City, to execute a construction contract with Souza Construction for the 2022 Pavement Rehabilitation Project, and to execute a contract with Filippin Engineering for inspection services on this project.

H. Adopt Resolution No. 2022-87 approving Amendment No. 2 to the agreement for consultant services between City of Guadalupe and Labor Consultants of California for completion of the labor compliance requirements for the Le Roy Park phase 1 project.

I. Adopt Resolution No. 2022-88 approving a partnership agreement with the Regional Climate Collaboratives (RCC), authorizing the City Administrator to execute the partnership agreement, submit a letter of commitment and any other necessary documents to implement the grant.

J. Adopt Resolution No. 2022-89 authorizing the City to enter into a new agreement for planning services with Mr. William (Bill) Scott.

K. MONTHLY REPORTS FROM DEPARTMENT HEADS

1. Planning Department report for September 2022

2. Building Department report for September 2022

3. Public Works/Engineering report for September 2022

8. CITY ADMINISTRATOR REPORT: (Information Only)

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

10. MAYOR’S REPORT- UPDATES

REGULAR BUSINESS

11. Facility & Parks Use Fee Schedule Changes.

Written report: Hannah Sanchez, Recreation Services Manager Recommendation: That the City Council adopt Resolution No. 2022-90 establishing new fees for the City Facility and Parks Use Schedule.

October 11, 2022 City of Guadalupe Council Meeting Agenda Page 4 of 5

12. FUTURE AGENDA ITEMS

13. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS

14. ADJOURNMENT TO CLOSED SESSION MEETING

CLOSED SESSION

15. Public Employment
(Pursuant to Government Code Section 54957(b)):

Title: City Administrator

16. ADJOURNMENT TO OPEN SESSION MEETING

17. CLOSED SESSION ANNOUNCEMENTS

18. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall display case and website not less than 72 hours prior to the meeting. Dated this 7th day of September 2022.
________________________
Todd Bodem, City Administrator
Todd Bodem
October 11, 2022 City of Guadalupe Council Meeting Agenda Page 5 of 5

PROPOSED FUTURE CITY COUNCIL AGENDA ITEMS
Council Meeting: Date and Subject Department Agenda Category Tuesday, October 25, 2022, at 6:00 pm / Regular Meeting Central Coast Processing – 151 Obispo CUP Planning Department Public Hearing Hwy 1 Auto Repair CUP Planning Department Public Hearing Transit Update Public Works Department Regular Business Tree Maintenance Policy Public Works Department Regular Business Farmers Market Recreation & Parks Dept. Regular Business Adopt an ordinance approving a new Chapter 4 of Title
15 of the Guadalupe Municipal Code.

Building Department Regular Business
Tuesday, November 8, 2022, at 6:00 pm / Regular Meeting Second reading of ordinance approving a new Chapter 4
of Title 15 of the Guadalupe Municipal Code.

Building Department Regular Business
Tuesday, November 22, 2022, at 6:00 pm / Regular Meeting General Plan Update Hearing Planning Department Public Hearing Tuesday, December 13, 2022, at 6:00 pm / Regular Meeting Certification of November 8, 2022, General Municipal
Election
Administration Dept. Regular Business
Appointment of Councilmembers to various boards and
committees
Administration Dept. Regular Business
Other Unscheduled Items Proposed
Date of Item
Department Agenda Category
Tree Ordinance Public Works New Business
Sidewalk Vending Ordinance Planning Department New Business Vacant Property Ordinance Administration Dept New Business Food Truck and Special Event Ordinance Planning Dept New Business Gift Policy City Attorney New Business
Master Fee Schedule Update Finance Department Workshop
Recognizing Food Distribution Volunteers Ceremonial Calendar 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
Agenda Item No. 4
Ariston Julian
Agenda Item No. 4
Ariston Julian
Guadalupe
CommunityAir MonitoringProject
Presenting: Alhan Diaz-Correa (Climate Justice Associate) Our plans and where we're headed
ŐĞŶĚĂ/ƚĞŵEŽ͘ϱ

Guadalupe Community Air
Monitoring Project
Introduction

PARTNERS AND FUNDINGWEBSITE (CONCEPT)PROJECT GOALSTIMELINEOUTREACH AND EDUCATION Project Partners

CARB IS THE LEAD AGENCY IN CALIFORNIA FOR CLEANING UP THE AIR AND FIGHTING CLIMATE CHANGE TO ATTAIN AND MAINTAIN HEALTH-BASED AIR QUALITY STANDARDS. ITS MISSION IS TO PROMOTE AND PROTECT PUBLIC HEALTH, WELFARE, AND ECOLOGICAL RESOURCES THROUGH THE EFFECTIVE REDUCTION OF AIR AND CLIMATE POLLUTANTS.

WHILE RECOGNIZING AND CONSIDERING EFFECTS ON THE ECONOMY. CARB IS PART OF CALIFORNIA CLIMATE

INVESTMENTS, A STATEWIDE INITIATIVE THAT PUTS BILLIONS OF CAP-AND-TRADE DOLLARS TO WORK REDUCING

GREENHOUSE GAS EMISSIONS, STRENGTHENING THE ECONOMY, AND IMPROVING PUBLIC HEALTH AND THE ENVIRONMENT — PARTICULARLY IN DISADVANTAGED COMMUNITIES.

BLUE TOMORROW IS AN ENVIRONMENTAL CONSULTING GROUP BASED

OUT OF SANTA BARBARA, CALIFORNIA THAT SPECIALIZES IN AIR QUALITY, WATER RESOURCES, AND LAND MANAGEMENT SERVICES.

BLUE TOMORROW WORKS WITH TRIBAL GOVERNMENTS, COMMUNITYBASED NONPROFITS, AND GOVERNMENT AGENCIES TO PROVIDE

SOLUTIONS FOR IMPROVING ENVIRONMENTAL RESOURCES AND
PROTECTING PEOPLE FROM EXPOSURE TO HARMFUL POLLUTANTS.

AT BLUE TOMORROW, OUR PHILOSOPHY IS TO DELIVER UNBIASED AND

SCIENTIFICALLY SOUND INFORMATION TO HELP OUR CLIENTS AND THEIR MISSION OF IMPROVING ENVIRONMENTAL AND PUBLIC HEALTH.

IN 1970, THE CALIFORNIA LEGISLATURE PASSED A LAW THAT GAVE

LOCAL GOVERNMENTS PRIMARY RESPONSIBILITY FOR CONTROLLING AIR POLLUTION FROM ALL SOURCES EXCEPT MOTOR VEHICLES.

IN RESPONSE, THE SANTA BARBARA COUNTY BOARD OF

SUPERVISORS FORMED THE AIR POLLUTION CONTROL DISTRICT
(APCD).

MULTILINGUAL ACCESS IS CRITICAL TO BUILDING A MORE EQUITABLE

AND INCLUSIVE CLIMATE ACTION MOVEMENT THAT ADVANCES
SOCIAL, RACIAL, ECONOMIC, AND ENVIRONMENTAL JUSTICE.

CEC WORKS WITH SKILLED TRANSLATORS AND LANGUAGE ACCESS
CUSULTANTS "ROOTED LANGUAGE JUSTICE" TO IMPROVE LANGUAGE

ACCESS FOR OUR EVENTS AND PROGRAMS SO MORE PEOPLE CAN

PARTICIPATE IN SOLUTIONS TO THE CLIMATE CRISIS ACROSS
MULTIPLE LANGUAGES.

Project Partners
Local Stakeholders
And special thanks to Dena Montague, PhD
from the Global Environmental Justice Project
Timeline
MARCH 2022
CEC AND BLUE TOMORROWWERE AWARDED $300,000FOR GUADALUPECOMMMUNITY AIR PROJECTBY CARB APRIL-OCT 2022

PROJECT STAND-UPSENSORS/EQUIPMENT PURCHASEDMONITOR INSTALLATION - SEPT/OCTWEBSITEEDUCATIONAL MATERIALSCOMMUNITY WORKSHOPS (IN DEVELOPMENT)
DEC 2022- MAY 2023
WEBSITE GOES PUBLICCEC BEGINS COMMUNITY OUTREACH(BILINGUAL) AIR-QUALITY REPORT AFTER 6MONTHS OF DATA COLLECTION AUG-DEC 2023
SECOND 6-MONTH DATA COLLECTION ANDREPORTINGHOLD COMMUNITY WORKSHOPS TO COLLECTFEEDBACK ON WEBSITE AND ALERT SYSTEMDOCUMENT COMMUNITY AIR GOALS,PRIORITIES, AND COCERNS JAN - MAY 2024

END OF SCHOOL YEAR -PARENT/TEACHER UPDATE
AUG-NOV 2024

BEGINNING OF SCHOOL YEAR -PARENT/TEACHER UPDATE
DEC 2024

FINAL COMMUNITY UPDATECOMMUNITY AIR ACTION PLANIS SHARED MARCH 2025

PROJECT END DATE
Project Deliverables

MONITORING EQUIPMENT,DATA ANALYSIS, ANDREPORTING
01 AIR QUALITY INDEX,HEAT & SMOKETEXT NOTIFICATIONFEEDBACK 03 MULTILINGUAL ACCESS,INTERPRETATION, ANDLANGUAGE SERVICES 04 OUTREACH ANDAIR QUALITYEDUCATION
02 05 COMMUNITY AIR-QUALITY ACTION PLAN
Identify resources and funding pathways to sustain or expand community air monitoring, education, and protectionactivities with community partners.

Focus on improving bilingual access to information about air quality conditions, including existing notificationsystems for local air quality and wildfire smoke conditions.Focus on policies and programs to improve air quality and protect communities.

Rooted Language Services will work to translate both parts of the community action plan from English to Spanish. 1 2 PARTICULATE MATTER 10 (PM10)
4 OZONE (O3) *
3 NITROGEN OXIDES (NOX)
5 VOLATILE ORGANIC COMPOUNDS (VOCS)
Expansion of Pollutants Measured
PARTICULAR MATTER 2.5 (PM 2.5) *
6 TEMPERATURE*, WIND DIRECTION AND SPEED SENSORS
* Current county monitors
include these sensors.

Website Highlights
(Concept)
(In Development)
A bilingual website will be developed that displays air quality datatransmitted wirelessly from the monitors in near real-time. Afternetwork installation, data transmitted to the website will be evaluatedfor consistency, accuracy, and potential errors.Once the website is finalized and testing is complete, it will beaccessible to the public. Through the website, community memberscan access current air pollution concentrations, AQI, and past data.The website will be a resource for the community to obtain air qualitydata and other information that they can use to reduce their exposureto harmful air pollutants, including wildfire smoke.The website will contain links to summary reports, relevant newsarticles, educational materials developed for community meetings,and other information about the air monitoring and project.Rooted Language Services will provide Spanish-language translationfor the project website. (In Development)
In addition to community workshops, two annualpresentations will be developed to present data andresults from the air monitors and pesticide sampling.CEC will work to align the monitoring datapresentations with the school cycle to engagestudents and parents. Presentations will includeresults from the community air monitors and themonitoring station in Santa Maria.Presentations will discuss pollutant concentrationsand wildfire smoke impacts with respect to AQI levelsand describe any elevated levels of concern.UCSB faculty and staff from the Global EnvironmentalJustice Project (GEJP) and Bren School ofEnvironmental Science & Management will be invitedto participate in the workshops.

NEW AIR MONITORING

SENSORS
4 MONITORS AT GUADALUPE SCHOOLSAND PARKS1 MONITOR FOR CALIBRATIONPURPOSES IN SANTA MARIA

EQUIPPED WITH SENSORS THAT
CONTINUOUSLY DETECT AND MEASURECONCENTRATIONS OF PM 2.5, PM 10,NO2, O3, AND VOCS.

MULTILINGUAL TEXTALERT NOTIFICATION
GATHER INPUT ONPREFERENCES FORCOMMUNITY NOTIFICATIONSABOUT AIR QUALITY ANDWILDFIRE SMOKE CONDITIONS.

AIR QUALITY WEBSITE
DATA WILL BE EVALUATED FORCONSISTENCY AND ACCURACY.IT WILL BE MADE ACCESSIBLE TOTHE PUBLIC. THROUGH THEWEBSITE, COMMUNITY MEMBERSWILL HAVE ACCESS TO CURRENTAIR POLLUTION CONCENTRATIONS,AQI, AND PAST DATA.

Infrastructure Benefits

AIR DEPOSITION SAMPLES WILL BE
COLLECTED AND ANALYZED FORPESTICIDES AND PESTICIDE RESIDUES.LOS AMIGOS DE GUADALUPE TO ASSIST INIDENTIFYING SAMPLING LOCATIONS NEAROPEN SPACE AREAS UTILIZED BY THECOMMUNITY.

PESTICIDE TESTING

ALERTS AND REPORTING
THE WEBSITE WILL BE A RESOURCE FOR THECOMMUNITY TO OBTAIN AIR QUALITY DATA ANDOTHER INFORMATION THAT THEY CAN USE TOREDUCE THEIR EXPOSURE TO HARMFUL AIRPOLLUTANTS, INCLUDING WILDFIRE SMOKE.

AIR QUALITY EDUCATIONAND WORKSHOPS
CEC’S COMMUNITY AMBASSADOR AND FELLOWWILL CONDUCT COMMUNITY OUTREACH TOSHARE INFORMATION ABOUT THE AIR QUALITYPROJECT, PROMOTE ENGAGEMENT ACTIVITIESAND DISSEMINATE BILINGUAL EDUCATIONALMATERIALS

CEC AND BLUE TOMORROW INTERNSHIP
Community Benefits
DURING THE PROJECT PERIOD, CEC WILL RECRUIT APAID, PART-TIME FELLOW TO DEVELOP THEIRTECHNICAL SKILLS THROUGH DIFFERENT MONITORINGMETHODS AND COMMUNITY PRESENTATIONS ON THEHEALTH RISKS AND WILDFIRE SMOKE IMPACTS.THE AIR PROJECT FELLOW WILL ALSO PERFORMMAINTENANCE ACTIVITIES ALONGSIDE BLUETOMORROW AND CEC.

FUNDED UNTIL 2025

ENABLES A WAY TOMEASURE CLIMATEPROJECT IMPACTS

FUTURE FUNDINGOPPORTUNITIES
$300,000 PROJECT FOCUSED ON COMMUNITIES DIRECTLY IMPACTEDBY AIR POLLUTION TO PROVIDE FUNDS FOR INFRASTRUCTURE ANDEDUCATION, TESTING, ANALYSIS, AND REPORTING.

City and County Benefits
Timeline
MARCH 2022
CEC AND BLUE TOMORROWWERE AWARDED $300,000FOR GUADALUPECOMMMUNITY AIR PROJECTBY CARB APRIL-OCT 2022

PROJECT STAND-UPSENSORS/EQUIPMENT PURCHASEDMONITOR INSTALLATION - SEPT/OCTWEBSITEEDUCATIONAL MATERIALSCOMMUNITY WORKSHOPS (IN DEVELOPMENT)
DEC 2022- MAY 2023
WEBSITE GOES PUBLICCEC BEGINS COMMUNITY OUTREACH(BILINGUAL) AIR-QUALITY REPORT AFTER 6MONTHS OF DATA COLLECTION AUG-DEC 2023
SECOND 6-MONTH DATA COLLECTION ANDREPORTINGHOLD COMMUNITY WORKSHOPS TO COLLECTFEEDBACK ON WEBSITE AND ALERT SYSTEMDOCUMENT COMMUNITY AIR GOALS,PRIORITIES, AND COCERNS JAN - MAY 2024

END OF SCHOOL YEAR -PARENT/TEACHER UPDATE
AUG-NOV 2024

BEGINNING OF SCHOOL YEAR -PARENT/TEACHER UPDATE
DEC 2024

FINAL COMMUNITY UPDATECOMMUNITY AIR ACTION PLANIS SHARED MARCH 2025

PROJECT END DATE

Questions? Please contact us.

ALHAN DIAZ-CORREA
(CLIMATE JUSTICE ASSOCIATE)

COMMUNITY ENVIRONMENTAL COUNCIL

JEN HERNANDEZ
(CLIMATE JUSTICE MANAGER)

COMMUNITY ENVIRONMENTAL COUNCIL

ERIC HOPKINS
(CO-FOUNDER/LEAD SCIENTIST)
BLUE TOMMORROW LLC.
[email protected] [email protected] [email protected] Agenda Item No. 7B

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of October 11, 2022
Prepa�
Veronica Fabian
Finance Account Clerk
v Reviewed by,
Lorena Zarate
Finance Director
Approved by:

Todd Bodem
City Administrator
SUBJECT:

RECOMMENDATION:

Payment of warrants for the period ending October 3, 2022, to be approved for payment by the City Council. Subject to having been certified as being in conformity with the budget by the Finance Department staff.

That the City Council review and approve the listing of hand checks and warrants to be paid on October 12, 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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September 13, 2022 City of Guadalupe Council Meeting MINUTES Page 1 of 17

MINUTES
City of Guadalupe
Regular Meeting of the Guadalupe City Council
Tuesday, September 13, 2022, at 6:00 pm
at
City Hall, 918 Obispo Street, Council Chambers
and
Beach Retreat & Lodge
3411 Lake Tahoe Blvd.

South Lake Tahoe, CA 96150
(room number will be available at the front desk upon request)

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 in attendance with CM Ramirez on zoom. (The abbreviation, “CM”, will be used for “Council Member” in these minutes.)

2. PLEDGE OF ALLEGIANCE

3. AGENDA REVIEW
There were no requests to change the agenda.

4. PRESENTATION
• North SB County FRESA (Food Resilience, Equity, Sustainability, and Action) Mr. Alhan Diaz-Correa, from Community Environmental Council, lead the discussion. Also involved in the presentation was Dennis Tivey who spoke about the EBT (Electronic Benefit Transfer) and CalFresh, Mireya Pina, Coordinator at Family Service Agency, and Shelby Wild who is the co-market manager for Route One Farmers’ Market in Lompoc.

FRESA is a proactive coalition of CalFresh advocates advancing food access in North County. A main initiative is for food insecure families and low-income families, hopefully, CalFresh families, to use those dollars for local farm growers. Their first meeting was in July 2020, and they are ready to Agenda Item No. 7C
September 13, 2022 City of Guadalupe Council Meeting MINUTES Page 2 of 17 advocate for a new market and needed policy changes in 2022. Volunteers have spent over 1,000 hours. They have raised over $30,000 in joint-funded donations. Every meeting has Spanish interpretation.

Mr. Dennis Tivey from the Department of Social Services in Santa Barbara County explained that one in five kids are living below the poverty level which equals hunger and a direct impact on physical and academic abilities. With an EBT card, families can buy foods at store, farmers’ markets, etc.

There are about 20,000 households receiving CalFresh aid in Santa Barbara County with the largest number in North County (about 40%). (People may know CalFresh as “food stamps” although there aren’t stamps anymore.)
For those households getting CalFresh benefits, the EBT card is like a debit card. There is about an average of $2,000 a month in EBT card use at farmers’ markets. The monies stay locally. About 2,000 households in the County have EBT cards. There are 10 year-round farmers markets in the County. Seven accept the EBT card and provide the healthy food incentive program, Market Match, but there are none in the Santa Maria/Orcutt/Guadalupe areas. There’s lack of funding in North County.

Mireya Pina, Family Service Agency, spoke about a recent survey. There were over 500 surveys collected by volunteers in Santa Maria and Guadalupe. People would go to the farmers’ market if they had access to them in Sana Maria and Guadalupe. There are transportation barriers. People would go if the farmers’ market was downtown, about 37.3%, or close to their home, about 35.4%.

The survey showed that 71.4% would visit a new farmers market in/near Santa Maria Valley, 13.3% would not, and 15.3% were unsure. About 37.2% surveyed felt the food products were expensive while 10.8% felt uncomfortable going. There are language barriers, as well. Some people feel there is a stigma around EBT benefits or they’re not aware of eligibility criteria.

Ms. Shelby Wild, Executive Director of Route One, gave a brief summary of the Route One farmers’ market in Vandenberg Village in Lompoc. She’s been there for over three years. It’s open four (4) hours a week. For 2.5 years they have accepted EBT cards and double matched with Market Match.

There are over $25,000 distributed in incentives to support our local farmers.

Mr. Diaz-Correa spoke about the monthly community meetings. He mentioned that Mayor Julian had attended the last monthly meeting. Spanish and Mixteco participants are needed. FRESA is non-profit and can’t hold this business. There is a farmer and vendor survey asking farmers what they sell, where and what their availability is to have them in Guadalupe, etc. Continued outreach and food in North County is needed. He emphasized, “We want to help the City partner and coordinate with us now to make this happen.”
Mayor Julian asked, “What do you need from Guadalupe?” Ms. Wild said, “Depends on what the City wants. You can run the farmers’ market yourself, in-house, and we can guide the City, or you can run it under our non-profit umbrella. There’s no funding right now to start one in Guadalupe.

Funds would be needed for a market manager as focal point for Guadalupe and start-up costs.” Mr.

Diaz-Correa added, “What’s needed is location, funding and community members who want to participate and lead this effort.

September 13, 2022 City of Guadalupe Council Meeting MINUTES Page 3 of 17 CM Cardenas asked, “How does EBT dollars work on the market?” Ms. Wild said, “The market manager would apply to accept EBT funds. There’s a simple application for that. You have to be qualified to accept federal funds, so there’s a background check. EBT cards are swiped, and tokens are distributed to have people shop. A bank account would be needed. Farmers are reimbursed at the end of the day.”
Mayor Julian said, “One option would be your group.” Ms. Wild said that funding would be needed.

The mayor then asked what the budget was for the Root One market. Ms. Wild said, “10 hours per week for new market manager to run and promote market. About $5,000 for start-up costs, outside of staff costs. Public Health permit with the County and ag permit with the County Weights & Measures would be needed, in addition to general materials and equipment.” CM Robles said, “This would be a big benefit in our community. It’s a concept now. There are a lot of things to be finalized.” Mr. Diaz-Correa said, “At the beginning of the year, we were introduced to GBA. Now we’re fully ready to open a market. We’d need to coordinate what an agreement and a budget would look like, but it would be a sustainable project.” Mayor Julian added, “ Several months ago, I received a phone call saying that in the past, the City wasn’t open to a farmers’ market.

That was in the past. There are five (5) different food banks here in town. The need is here. I support a farmers’ market here in Guadalupe.”
Hannah Sanchez asked about locations; have any sites been identified. Mr. Diaz-Correa said, “Yes, a couple so far, but discussions haven’t been held on ADA compliance. One is the gazebo area downtown. Another might be near where the Senior Center is or maybe the Community Center at Le Roy Park. Residents need a location they can walk to. We want to work with GBA, restaurants, local vendors, etc. We want to make Guadalupe a food hub not a food desert. We don’t think that food discrepancy in North County is by accident. There is a major discrepancy between North and South Counties.”
Requests to speak:

Megan Lizalde: She was not in attendance but asked that it be said that she was fully supportive of this project and feels Guadalupe needs this type of program/community options.

Dennis Apel: My wife and I live in Guadalupe in the “white house”. I told the mayor that I tried this under a different administration, and it was flatly denied. I’ve been feeding families for 27 years.

Food at farmers’ market should be on families’ tables. There are some obstacles but I’m happy to remove some of them, like permit and other fees, etc. I’m willing to front monies for this project. I will be an initial market manager without compensation. We need a decision on who takes the lead on this. The best part would be to set up to accept EBT cards. There’s nowhere else in North County for this.

Belinda Popovich: I’m a Guadalupe Business Association (GBA) member, Los Amigos de Guadalupe (LADG) board member and the current acting kitchen manager at the Senior Center. We are trying every way to stretch our budget. If our businesses know they can get fresher produce on these farmers’ market days, they can partner up with various farmers to discuss their specific needs. Excess produce could be donated to the Senior Center, brown bag program, etc. The GBA and LADG support a farmers’ market in Guadalupe and offer our help in anyway needed.

September 13, 2022 City of Guadalupe Council Meeting MINUTES Page 4 of 17 At this point, Mayor Julian asked CM Ramirez if he said any questions or comments. CM Ramirez said, “I’m definitely in support of all of this. It’s very much needed.” Stephanie Krouse: I’ve lived in California for 25 years. I’ve participated in the food bank for 1.5 years and help deliver meals. Everyone should get healthy food. Ag workers are the ones who can’t get fresh produce. A farmers’ market could bring people of all income levels together. I would really appreciate the City’s support for this.

There was consensus by the City Council to support this program. Mayor Julian said, “The City is limited in what we can do. Hannah (Sanchez) or Chief Cash can work with the community on this.

I’ll leave it to Todd to have Hannah work on this. Farm workers harvest produce that they can’t buy.” Ms. Sanchez asked if she was to be the point person for the City to find a location, permit, etc. Mr.

Diaz-Correa said whatever she has time to participate in this project. Ms. Sanchez did say she’d attend the upcoming Friday FRESA meeting.

5. COMMUNITY PARTICIPATION FORUM
Dr. Emilio Handal, Superintendent of Guadalupe School District, spoke on upcoming bond measures on the ballot in November. Before Dr. Handal spoke on the measures, he said, “I want to voice my support for a farmers’ market here. The discrepancy between North and South Counties is so vast.

Whatever the schools and I can do to help, we will. This is sorely needed here. Throw in the element of the EBT card and the access our families need to healthy fresh food is beyond description. He then continued speaking about the bond measures. These measures are two general obligation (G.O.) bond programs, each for $8.5M. They are intended to construct a new junior high school, complete funding for the community gymnasium and modernize and renovate projects at the District’s two older schools and raise $17M in State funds to help pay for these projects.

Dr. Handal said, “We have almost 800 students at the Mary Buren site. This creates a serious problem with impact on parking and the students. Costs for the junior high and gym have gone beyond what was initially priced due to the pandemic. The State has allocated $17M to the school district which would go to build the junior high school but that only goes for one-half the costs. We’ve already broken ground in hopes that a junior high school can be built but we are far from completing the project. There’s been no ribbon cutting or groundbreaking ceremony. All of this is contingent on these two bonds passing. Without the bonds, the $17M will go back to the State.” Mayor Julian commented that this is much needed.

Dr. Handal said, “With the mandated expansion of transitional kindergarten, we’ll have to be housing more students. All 4-year-olds will be coming to school, too. We’re leveraging state funding and appropriations through federal government. Hoping to build a care center for pre-school with a grant of over $750,000 for 3–4-year-olds. Our kids and families deserve better.” He urged residents to vote for Measures V2022 and W2022 to support the need for improved educational facilities for the children in our community.

6. CONSENT CALENDAR
September 13, 2022 City of Guadalupe Council Meeting MINUTES Page 5 of 17 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 September 6, 2022 C. Approve the Minutes of the City Council regular meeting of August 23, 2022, to be ordered filed.

D. Approve the Minutes of the City Council special meeting of August 16, 2022, to be ordered filed.

E. Approve the annual “Peace, Love, and Hope Around the World” holiday season parade scheduled for Saturday, December 10, 2022, by Kiwanis Club of Guadalupe.

F. Accept the revised Master Fee Schedule annual CPI update.

G. Adopt Resolution No. 2022-80 approving the Co-Ed Adult Basketball League.

H. MONTHLY REPORTS FROM DEPARTMENT HEADS

1. Planning Department report for August 2022

2. Building Department report for August 2022

3. Public Works/Engineering report for August 2022
CM Cardenas pulled Item #6.H.3. -Public Works. 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.

CM Cardenas asked about SB1826 on solid waste and whether additional bins were needed for commercial properties. Ms. Sweeney said, “Yes, additional bins that meet the new requirements.

Letters were sent out to potential customers. Waiver request applications must be received by October 1st.”
CM Cardenas also asked about the EV buses and potential funding for them. Ms. Sweeney said that she’s submitted a purchase order in the amount of $1,049,977.40 - this is 14 months away. $550K from the LCTOP program is used towards the first electric bus. To qualify for a $250K rebate, the purchase order was sent to 3CE. There’s also an application to receive $146K from a voucher program. The City was notified that we were awarded an additional $957,211 for the purchase of a third electric bus through the Affordable Housing and sustainable Communities grant through the September 13, 2022 City of Guadalupe Council Meeting MINUTES Page 6 of 17 Escalante Meadows project. There is $750K out of the Affordable Housing grant for a charging station at 303 Obispo Street, the City yard. We have time to build as all of this is 14 months away.” CM Cardenas asked about the current bus routes and how people were responding to the changes.

Ms. Sweeney said, “I plan on providing information in the October report. There’ve been some complaints…one written letter of complaint which has been responded to already. People didn’t understand use of tokens so there were transfer issues. But all-in-all, things look good.” Motion was made by Council Member Cardenas and seconded by Council Member Robles to approve Item #6.H.3. on the Consent Calendar. 5-0 Motion passed.

7. CITY ADMINISTRATOR REPORT: (Information Only)
Mr. Bodem had several items:
• Asked if the City Council wanted to keep open the November 22nd City Council meeting which is the week of Thanksgiving. Consensus from the Council was to keep that date open. • The Royal Theatre project received an EDA grant and official award of just under $5M in funding with a contract to be signed by the mayor. This adds to the State funding of another $5M that will be administered by the CA Arts Council for a total of around $10M which will probably cover the construction costs estimated by Andrew Goodwin Design Architects. The City is applying for an additional amount of $1.5M in tax credits. This will help cover any of the anticipated cost over-runs and inflationary increases that are inevitable. • A production crew was at City Hall looking over the area. They are developing a film called “Breaking Through” about a family that crossed the border to start a new life here. They will be filming in Guadalupe, City Hall, a part of the Vets Hall and in open field areas. (Information is also in the Mayor’s Report.)

8. DIRECTOR OF PUBLIC SAFETY REPORT: (Information Only) Chief Cash spoke on the following:
• Traffic Survey: last two (2) weeks, we’ve directed traffic at Mary Buren in the mornings and afternoons, working with the Superintendent Handal. At first, it was thought that this was a City issue but Chief showed them that we don’t have a traffic problem…it’s school related.

Mr. Handal is now willing to work with me to come up with some solutions. Chief sent over some information to have their traffic control people go through some training. Chief will attend the school board meeting tomorrow to get more support. Mr. Handal asked Chief for a cost analysis for having traffic control to be able to work in that area.

September 13, 2022 City of Guadalupe Council Meeting MINUTES Page 7 of 17 • Residential home permit program: Council was given copy of what permit looks like. Putting finishing touches on program to get information out and get this program started. • The Mexican Independence Day parade on Sunday, 9/11, went off extremely well. The traffic plan went well. Chief connected with the organizers and suggested that planning start earlier next year. Chief thanked Shannon Sweeney for her help in getting things organized. • Over the recent holiday weekend, an Airbnb issue came up. Nothing was in place to enforce.

Package was sent to the City Council to show steps being taken to rectify this. There are about 13 Airbnbs. Information will go out to the Airbnb people re permits, fees, etc. Process is in place with Fire and Code Compliance so that we can do enforcement. • An elderly gentleman came to the PD and gave Chief $100 cash. Chief went to Finance to get a receipt, but the man was gone when Chief returned to the PD. The man had said, “I want to donate to the Police Department…I like you guys. I don’t want you to know who I am. I love my city…I love my department.” We forget we touch a lot of people working here. Kids thank the Chief for helping them cross the street.

9. MAYOR’S REPORT- UPDATES
Mayor Julian encouraged everyone to read the report which is on the website as there is a lot going on in Guadalupe.

PUBLIC HEARING

10. To Consider Tract 29,066 (Planning File No. 2021-099-TTM), a Vesting Tentative Tract Map, to Allow Subdivision of a 26.82-acre Parcel into 113 lots for Future Development in Pasadera South.

Written report: Bill Scott, City Planner
Recommendation: That the City Council:
a. Receive a presentation from staff; and
b. Conduct a public hearing to consider any comments from the applicant and the public. c. Adopt Resolution No. 2022-81 to approve the proposed subdivision of Tentative Tract Map 29,066
CM Ramirez, who was on zoom, asked if he could be a part of this discussion as he lives in the Pasadera area. Mr. Scott said that CM Ramirez lives more than 500’ and should be alright for him to participate. City Attorney Sinco said, “Technically, up to 1,000’ is okay. So, CM Ramirez is fine.” On November 13, 2012, the City Council adopted the revised version of the DJ Farms Specific Plan, a development of 802 single-family residential units, an area for commercial uses, a school and parks and recreational facilities. The applicant is proposing creation of a new Vesting Tentative Tract Map, Tract 29,066, for subdivision of 26.82-acres into a total of 113 lots. The subdivision includes 111 September 13, 2022 City of Guadalupe Council Meeting MINUTES Page 8 of 17 single-family home lots. Lot 112 would accommodate a small park and stormwater retention basin and Lot 113 will remain undeveloped as it is not a part of this subdivision.

After Mr. Scott concluded his report, he handed out a sheet showing the applicant’s request for three (3) revisions. These revisions were regarding statements on the Obispo Street Bridge, park development and public facilities fees, and Lot 113, the area not designated as part of this subdivision.

Public Hearing opened at 7:15 p.m. Public Hearing closed at 7:16 p.m.

CM Cardenas asked about two (2) bridges. Mr. Craig Smith said, “Yes, the primary one is on Obispo Street. That’s to be built as soon as possible. We’ve ordered parts…they’re six (6) months out but we’re prepping now. There are over 210 homes (Lot 1). Second bridge needs to be built, Arroyo Seco Bridge.”
Motion was made by Council Member Cardenas and seconded by Council Member Costa, Jr. to approve Resolution 2022-81 with revisions. Roll Call: All Ayes Motion passed.

REGULAR BUSINESS

11. Le Roy Park Phase II Scope of Work and Budget.

Written report: Shannon Sweeney, Public Works Director/City Engineer Recommendation: That the City Council provide guidance to City staff on Le Roy Park Phase II Scope of Work and Budget.

Ms. Sweeney stated that we applied for and received earmarked funds, $1.7M in federal funds, to proceed with phase II of Le Roy Park. The total project cost is $2,117,043. It is now time to submit an application to have those funds applied to this project. She showed the breakdown of this total cost which would include the building, parking, BBQ, Amphitheatre and adult exercise area. With just the building portion to be done, less than 10% contingency will be available to complete the project.

She gave options to consider: 1) can the building be made a little cheaper; 2) redesign the project - design to available monies with no guarantee of saving cost but costs would be incurred to design, or 3) proceed to only go with the building and consider others when/if other funding comes up. Her recommendation was that an application be submitted for the multipurpose building addition itself, with the addition of other features as funding may allow. When bidding the project, City staff recommends that the project be bid as just the building as base bid, with the other features as additive alternates to be constructed if funds are available.

Mayor Julian said, “The Amphitheatre was third on request. We have several barbecues. We need the building built. Go with just the building, which is your recommendation.” September 13, 2022 City of Guadalupe Council Meeting MINUTES Page 9 of 17 There was consensus by the City Council to go forward with just the building. Ms. Sweeney said that she wanted all to be on the same page with what needed to and could be done with the available monies.

12. Bonita Pacifica Land Transfer.

Written report: Shannon Sweeney, Public Works Director/City Engineer Recommendation: That the City Council adopt Resolution No. 2022-82 approving land transfers of City owned property (portions of APN 113-320-097 to adjacent property owners of APNs 115- 201-004, 115-201-013, and 115-201-012).

Ms. Sweeney said that the recommendation is to have the City deed this property to three (3) landowners who want access to Tognazzini Street from Pioneer Street for ADUs. One (1) house is already built and two (2) are undeveloped.

Various alternatives for accommodating these requests were considered; 1) an encroachment agreement, but City Attorney Sinco said to deed the property to the property owners to reduce city liability. The City would have to hire a surveyor to develop a legal description of the land to be deeded; 2) City Council reject request to transfer these small portions of property to the three (2) adjacent property owners, and 3) City Council approve transferring the property to the private owners but require an appraisal be performed and that the property owners pay for the property they are receiving from the City, although doesn’t recommend this option.

Mayor Julian asked about the house that was already built. Ms. Sweeney said that a lot line adjustment would be needed. She also said that she’s been looking at this property and that area on the southern end doesn’t do anything. The mayor then asked about how all of this would impact traffic. Chief Cash said, “Sanchez Street, Main Street Market. It would be a challenge but surmountable. Other areas have similar challenges. I’d recommend a ‘No Parking’ sign on the east side of the street.”
The mayor asked about any parking requirement for ADUs. Ms. Belinda Popovich, representing two (2) of the property owners said, “The ADU has a pad where two (2) cars can park. There’s no intention to fence in the far north lot. There are no plans right now to develop the two (2) lots that are vacant now.”
Mayor Julian asked about the cost of an appraisal of this land. Ms. Sweeney gave an example of property at 287 Mahoney where the costs for buying an easement was $10 per square foot…about $4,000 last time she did an appraisal. Mr. Bodem mentioned that the City could develop the balance of the park and sell it.

A motion was asked to authorize grant deeds. CM Cardenas said, “1,020 square feet…$10 per square foot…$4,000 appraisal. I’m hesitant to give property away.” City Attorney Sinco said, “That’s why it’s an alternative. This property is small. If we give it away, others may ask the same, but we have justification here.”
September 13, 2022 City of Guadalupe Council Meeting MINUTES Page 10 of 17 CM Costa, Jr. said, “If we were to sell, we have to get an appraisal.” City Attorney Sinco said, “Probably should. A good business practice if the owners were agreeable to buy. Okay, if parties agreed, but appraisal is wise to do. May cost less because of the odd size of the property.” Mayor Julian wanted to know who brought the issue forward. The property owners did. The mayor felt that at least appraise the property. Mr. Bodem asked, “If we appraise it, what happens if the owners don’t want to accept?” CM Cardenas said, “Get agreement between the City and the property owners.” City Attorney Sinco added, “We can look without an appraisal but need to research more. Recommendation to give away the smallest piece.” CM Robles said, “The land is oddly shaped. Maybe for development later on in the future. We’d need an agreement.” City Attorney Sinco said, “It’s unusual for a development agreement. Giving land but owners will provide parking for ADU but can’t provide parking to build off-street parking.” CM Robles said, “Make approach wide enough for ADU wide enough for two cars.” Ms. Sweeney then said, “If the driveway is for wide of two cars rather than one car, if we can exchange land for requirements then the City is getting a benefit.” CM Cardenas said, “Benefit for the City. Owners can help with some trade off.”
Mayor Julian said, “Look at appraisal and develop an agreement. I’ve asked Chief to check out traffic.” Ms. Sweeney asked, “Can I proceed with smaller lot line adjustment, 20 square feet?” Motion was made by Council Member Costa, Jr. and seconded by Council Member Ramirez to approve the lot line adjustment transfer to property owner of APN 115-201-004. 5-0 Motion passed.

13. City Hall Structural Assessment.

Written report: Shannon Sweeney, Public Works Director/City Engineer Recommendation: That the City Council provide guidance to City staff on funding and schedule to address City Hall structural deficiencies.

A structural assessment of City Hall was commissioned and completed on April 12, 2022. The purpose of this assessment was to determine the building’s structural deficiencies that should be coordinated with the roof replacement and completed at the same time for cost efficiency and to ensure that the building serves the long-term interests of the community. Ashley & Vance Engineering, Inc., who completed the assessment, met with the City staff on July 14, 2022 to discuss the assessment and options for addressing deficiencies. A final report, considering City staff’s input, was given to the City on August 31, 2022.

The cost of addressing all deficiencies identified in the structural assessment is estimated at $1,931,763. ARPA funding earmarked for this project is $554,000. The City is anticipating receiving approximately $1,828,492 in development fees from Pasadera earmarked to the City Hall building.

However, those fees are anticipated to occur in 2027.

September 13, 2022 City of Guadalupe Council Meeting MINUTES Page 11 of 17 The consultant determined that deferring some of the work to a later date will cost the City an additional $374,741 for a total estimated cost of $2,306,504. Also, an additional $60,000 was added to the cost to pay for plans and specifications for the second phase of work. Looking at the work that needed to be done and the available funding, as well as projected funding, two (2) options were available for the City to consider: 1) Repair 65% of the roof now, with redirected funds from Vets’ Hall wood repair and Facilities Master Plan, and complete remaining work from Pasadera development fees received in 2027, or 2) Complete about $270,000 in roof leakage and rot repairs now and defer all additional work upon receipt of Pasadera development fees. Redirect ARPA funds to other projects.

CM Costa, Jr. asked if there were any grants that the City could get for these repairs. Mr. Bodem said that grants don’t typically go to City Hall/administration…generally for public safety.

Ms. Sweeney said, “Roof leak repairs, $270,000. Just repairs, patching. CM Ramirez said, “Option 2 - $270,000 in immediate roof leakage and rot repairs.

Motion was made by Council Member Ramirez and seconded by Council Member Cardenas to approve completing approximately $270,000 in immediate roof leakage and rot repair now and defer all additional work until receipt of relevant Pasadera development fees and redirect approximately $284,000 in ARPA funds to other projects. 5-0 Motion passed.

14. Feasibility of Establishing City of Guadalupe Public Safety Department Impact Fee Nexus Study.

Written report: Michael Cash, Public Safety Director
Recommendation: That the City Council:
a. Receive presentation from staff; and
b. Deliberate and file the report; or
c. Direct staff to select a vendor to complete the study and return to Council when an impact fee study is ready for consideration; or
d. Continue to another Council meeting for further discussion and deliberation.

A development impact fee is not a tax or special assessment; by its definition, the fee must be related to the impact(s) created by development or be reasonably related to the cost of the service provided by the local agency. Currently, the City does not have a formal adopted public safety impact fee process for new single-family housing, multi-family housing, retail/commercial, office, and industrial development respectively. The purpose of a Public Safety Impact Fee Nexus Study (“Nexus Study”), which would be prepared pursuant to the Mitigation Fee Act (“Act”) is to establish the legal and policy basis for the collection of new public safety impact fees (“fees”) on new residential and nonresidential development within the Department’s service area. As the City grows, public safety impact fee revenue will be used to expand the Department’s police and fire protection facilities and equipment to maintain its existing level of service. The Act does not allow for fee revenue to be used for Department staffing, maintenance, or other operational costs.

September 13, 2022 City of Guadalupe Council Meeting MINUTES Page 12 of 17 The “Nexus Study” will demonstrate that a reasonable relationship or “nexus” exists between new development and the need for public safety as a result of the new development. This study will present findings that will meet the procedural requirements of the “Act” regarding purpose of fee, reasonable relationship between the need for the public safety facilities and the type of development project the fee is imposed, or “impact relationship”, etc.

To determine the Department’s public safety impact fees, this “Nexus Study” utilizes an existing facility standards methodology. Existing development is determined based on the assumption that 50 percent of the need and demand for public safety service is related to the persons (residents or employees) and the other 50 percent of the need is related to the structural area (i.e., living area or nonresidential building area) in which they live or work. The value of the Department’s existing public safety system is determined using the replacement value of the Department’s existing inventory of public safety protection facilities, equipment, etc.

Staff recommends that funding for the “Nexus Study” come from the Public Safety Department’s restricted Funds 40 and 42 (Proposition 172 funding). The cost of the study would be between $25,000 to $50,000.

Chief Cash said that in Santa Barbara County, Guadalupe is the only city that doesn’t have public safety impact fees. CM Cardenas asked if this would apply to only new development or existing, as well. Mr. Bodem said, “Just new development. Because of the growth of the City, there’s more need for public safety.” CM Cardenas also asked, “Will this apply to ADUs, too?” City Attorney Sinco said, “There’s no change for impact fees for ADUs. We can impose fees as a condition of approval even without an ordinance…reasonably related to impact. Can’t have impact fees without “Nexus Study”.

We don’t have total budget for other studies.”
City Attorney Sinco said, “This would be for future. Pasadera has this in their agreement.” Mr.

Bodem said, “$25,000 - $50,000 investing for future development.” CM Cardenas asked, “Will there be a positive benefit -break even?” City Attorney Sinco said that there’d be a recalculation every 10 years.

Mayor Julian said, “I support this study. We need to look at the future.” City Attorney Sinco added, “For economic development, Royal Theatre, that may justify cost of the study.” Chief Cash asked the Council for direction to get vendor for study. There was consensus by the City Council to move forward with this study. City Attorney Sinco said, “We need to return to the Council with a motion as monies are involved.

Motion was made by Council Member Costa, Jr. and seconded by Council Member Ramirez to move forward with the Nexus Study and seek a vendor. 5-0 Motion passed.

15. Re-Classification for the Human Resources Manager Position.

Written report: Amelia M. Villegas, Interim Human Resources September 13, 2022 City of Guadalupe Council Meeting MINUTES Page 13 of 17 Recommendation: That the City Council adopt Resolution No. 2022-83 approving the reclassification of the job description for the Human Resources Manager position.

Ms. Villegas gave a brief history on the human resources (HR) function and corresponding salary range. Prior to the summer of 2006, the City didn’t have a dedicated human resources function. The City Administrator at the time created a temporary 90-day project-based assignment which eventually turned into a regular, part-time HR position with a job description and salary range, both approved by the City Council in the first quarter of 2007. In the fall of 2012, the interim City Administrator made drastic cost-cutting measures which impacted HR with an approximate 30 percent reduction in the salary range. There has not been a review or adjustment to the salary range in the last ten years.

The HR function is a single-incumbent function/position requiring an experienced individual with depth in a variety of disciplines under the overall “human resources umbrella”. Mr. Bodem added that the HR Manager is a complex job with legal implications. If a wrong decision is made, the result could be costly for the City. To appropriately fill the current vacancy, an HR generalist is needed which our current salary range doesn’t support.

This re-classification does not affect the current job description in terms of responsibilities, knowledge, skills and education. The labor market is the driving force in the request to reclassify the position. In a survey of comparable positions in surrounding cities on the Central Coast, which is considered our labor market, Guadalupe is the second lowest in the survey. A key factor to consider is that most other human resources positions in these other surveyed cities report to senior human resources positions which differs from Guadalupe.

The Human Resources Manager position was budgeted based on the prior incumbent’s total compensation. The vacancy is currently filled by an interim HR Manager with a projected hire of a regular HR Manager by October/November. There would be a cost saving for this fiscal year as the interim manager is a retired annuitant and cannot receive any benefits.

It is recommended that the Human Resources Manager salary range be increased by six percent.

Motion was made by Council Member Costa, Jr. and seconded by Council Member Ramirez to approve Resolution No. 2022-83. Roll Call: All Ayes 5-0 Motion passed.

16. Denial of Unsuccessful Candidates for Commercial Cannabis Business (CCB) Permits.

Written report: Todd Bodem, City Administrator
Recommendation: That the City Council:

1. Receive a presentation from staff;

2. Receive public comments; and
a. Deny the applications of the three unsuccessful CCB permit candidates; and September 13, 2022 City of Guadalupe Council Meeting MINUTES Page 14 of 17 b. Authorize the establishment of an eligibility list for the unsuccessful candidates in the event one or both of the prevailing candidates are unable to meet the remaining requirements for obtaining a CCB permit.

City Attorney Sinco said, “Only one retail applicant was selected at the first meeting on April 12, 2022. We didn’t deny the others. Due to a procedural irregularity that has been well documented and explained in prior staff reports, Element 7 which had been selected in an April 26, 2022 meeting was rescinded. The Roots Dispensary and Element 7 were invited back to a special meeting on August 16, 2022 where Element 7 was selected as the second prevailing retail candidates.

The Council had taken action to approve two of the applicants but had not taken specific action to deny any of the final candidates. Two (2) were not going to be successful but we were cautious.

Now that the two “prevailing” candidates have been selected to continue with the process for obtaining a CCB permit, it is appropriate for the Council to take specific action to deny the applicants of the unsuccessful candidates. It is also recommended that the City Council confirm that an eligibility list be created for these three unsuccessful applicants in the event that one or both of the prevailing candidates ultimately fail to meet the remaining requirements for issuance of a CCB or obtain issuance of the required conditional use permit.” Mr. Bodem added, “Timelines…we need to come back to Council with those.” City Attorney Sinco said, “Our ordinance requires CUPs issued. Twelve months to open and to add additional regulations. We’ll bring regulations on times and process back to Council.” Request to speak:

Email received from Luis Castaneda, dated September 13, 2022, re: Establishment of an eligibility list- Dear Honorable Mayor and City Council: Before I share my thoughts on the City Council establishing an eligibility list, I want to express to your Council that the ownership and management of The Roots appreciated the opportunity to participate in the City’s retail cannabis selection process.

And while we, of course, were hoping to be selected to move forward and open a dispensary in the City, we acknowledge that the process your Council followed was fair and transparent and is ultimately accountable to the good people of Guadalupe.

And we also believe that our cannabis retail operation and the City could still forge a productive relationship to provide legal, tested, and ethically sourced cannabis to residents and visitors in Guadalupe in the future. We hope that as circumstances in the City of Guadalupe change, as they always do, a door will open for the Council to consider a third dispensary. If that were to happen, we believe The Roots would be the logical choice.

Concerning your staff’s recommendation that your Council authorizes the establishment of an “eligibility list” for the three applicants who were not successful in the City’s selection process, we believe this is a prudent course by your Council especially in the event one or both of the candidates September 13, 2022 City of Guadalupe Council Meeting MINUTES Page 15 of 17 already selected are unable to meet the City Council’s requirements for obtaining a permit to operate.

We are also in support of your staff bringing a future agenda item to the Council to deal with other issues, including establishing timelines for operators to obtain the issuance of a conditional use permit. Indeed, we believe your Council should adopt a timeline for opening lest the City finds itself a year from now with no retail cannabis storefronts operating legally in the City.

As pointed out by your staff, failure by your Council to create an eligibility list and instead formally reject our application and the others would result in the City having to start the application process over. We believe that would be a mistake because it would require significant staff time and additional expenses to the City.

Thank you for considering my views on this matter. And please don’t hesitate to contact me should you have any questions.

Best regards,
Luis Castaneda
Director, Retail Operations
The Roots
Motion was made by Council Member Ramirez and seconded by Council Member Cardenas to deny the applicants not selected and develop an eligibility list. 5-0 Motion passed.

17. FUTURE AGENDA ITEMS
No new agenda items added.

18. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS
CM Cardenas: Saturday, 8/13, Lions Club had free eye examinations. There were 326 patients. 39 required no Rx. There were 242 recycled glasses turned in. Some patients were treated and referred for surgery. 73 patients were 18 years and younger. The optometrist said this event was very successful. Similar event in San Diego, however, was not successful. The optometrist wants to come back but said more optometrists and volunteers are needed.

CM Costa, Jr.: The Guadalupe Bulldogs will have their first home game. On Wednesday, 9/14, at 7:00 p.m. at Pioneer Valley HS, intermediate group will be playing. Game had been previously postponed.

September 13, 2022 City of Guadalupe Council Meeting MINUTES Page 16 of 17 Mayor Julian:

For Cal Vans vehicles, there are a total of 693 in the Stae; 593 are ag-related; 98 are non-age/prisons, non-ag businesses, etc. There are 116 vehicles in Santa Barbara County, of which 8 are in Guadalupe.

A volunteer can be a driver with a Class “C” license. According to the CHP, anyone driving a 15- passenger van must have a Passenger, “P” endorsement. There are ongoing discussions with DMV/CHP Cal Vans staff to rectify the “P” requirement as this would be very difficult for some volunteer drivers to obtain.

Attended Law Enforcement Recognition Night on September 7, 2022. This event was attended by Todd and many, many city personnel. Officer Omar Ruiz was Guadalupe’s officer recognized at this event.

On September 11, 2022, the Fiestas Patrias parade and festivities occurred. CM Cardenas backed me up.

On September 15, 2022, APCD and SBCAG meetings are scheduled with a special APCD meeting on September 19, 2022.

A meeting with the School District is scheduled for September 15, 2022 regarding a Joint Use Agreement with the City of Guadalupe.

19. ADJOURNMENT TO CLOSED SESSION MEETING
The meeting was adjourned to closed session. Items to be discussed: a. Public Employment (Pursuant to Government Code Section 54957(b)); Title: City Administrator, and b. Conference with Legal Counsel-Anticipated Litigation. Initiation of litigation pursuant to Government Code section 54956.9(d)(4): 1 case.

Motion was made by Council Member Cardenas and seconded by Council Member Costa, Jr. to adjourned to closed session. 5-0 Motion passed. Meeting adjourned to closed session at 8:56 p.m.

CLOSED SESSION

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

Title: City Administrator

21. Conference with Legal Counsel – Anticipated Litigation Initiation of litigation pursuant to Government Code section 54956.9(d)(4):
1 case

22. ADJOURNMENT TO OPEN SESSION MEETING
September 13, 2022 City of Guadalupe Council Meeting MINUTES Page 17 of 17 Motion was made by Council Member Costa, Jr. and seconded by Council Member Cardenas to adjourn to open session. 5-0 Motion passed. Meeting adjourned to open session at 9:27 p.m.

23. CLOSED SESSION ANNOUNCEMENTS
Public Employment: “No reportable action.”
Initiation of Litigation: “The Council gave direction to initiate a legal action, and that after the commencement of the action, the defendant(s) and the other particulars shall be disclosed to any person upon inquiry.”

24. ADJOURNMENT
Motion was made by Council Member Cardenas and seconded by Council Member Costa, Jr. to adjourn meeting. 5-0 Motion passed. Meeting adjourned at 9:28 p.m.

Prepared by: Approved by:
___________________________________ ______________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
August 23, 2022 City of Guadalupe Council Meeting MINUTES Page 1 of 7

MINUTES
City of Guadalupe
Regular Meeting of the Guadalupe City Council
Tuesday, September 27, 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 Council Members were present.

2. PLEDGE OF ALLEGIANCE

3. AGENDA REVIEW
There were no requests to change the agenda order.

4. COMMUNITY PARTICIPATION FORUM
There were no requests to speak on any subject not on the agenda.

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 September 20, 2022.

C. Receive the July and August 2022 Financial Report.

Agenda Item No. 7D
August 23, 2022 City of Guadalupe Council Meeting MINUTES Page 2 of 7 D. MONTHLY REPORTS FROM DEPARTMENT HEADS

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

2. City Treasurer’s report for August 2022

3. Human Resources report for August 2022

4. Recreation and Parks report for August 2022
Item #5. C. was pulled by Mayor Julian. Item #5D4 was pulled by Council Member Cardenas.

Motion was made by Council Member Cardenas and seconded by Council Member Robles to approve the balance of the Consent Calendar (B, D1, 2, 3). 5-0, Motion passed.

Item #5. C. Receive the July and August 2022 Financial Report: Mayor Julian stated that he reviewed the financial report and read the conclusion of the staff report as follows:
“Expenditures are currently under budget at 16 percent expended as compared to the approved budget. The Table and Chart below shows all General Fund Departments and spending trends as of August 31st, 2022. All departments are relatively within budget through June 2022, except for the unexpected cannabis fees that were paid recently. Expenditures shown are still preliminary figures because there are some expenditures that relate to June 2022 that would be accrued back to the prior fiscal year, including payroll costs. Overall, expenditures for the General Fund are higher than revenues by $440,628 through August 2022 related to the timing of receipt of funds and year-end adjustments for accruals.”
Mayor Julian proceeded to express his desire for the city to increase the reserve fund balance from the target reserve at 15% or $1,039,664. However, the end of August 31, 2022, equals $480,550 or 7% reserve fund balance.

Item #5D4. Council Member Cardenas and Mayor Julian wanted to let the viewing public know about the events that are coming up and shown in the Recreation and Parks report. Recreation and Parks Manager Hannah Sanchez responded and read out loud from her report that was part of the agenda packet. The only correction to the report, is that for the Color Run, will be held on Saturday, December 3rd instead of the 10th.

Mayor Julian said the calendar information looks good and that the Donut for Veteran’s are not using the Veterans Building.

Motion was made by Council Member Cardenas and seconded by Council Member Ramirez to approve Item #5. C. and Item #5D4. 5-0: Motion passed.

August 23, 2022 City of Guadalupe Council Meeting MINUTES Page 3 of 7

6. CITY ADMINISTRATOR REPORT: (Information Only)
No Report was given by the City Administrator.

7. DIRECTOR OF PUBLIC SAFETY REPORT: (Information Only) In the physical absence of the Director of Public Safety, City Administrator Todd Bodem, gave the following report:

Bonita Pacifica Land Transfer:
• Surveyed the area of 100 Pioneer for potential traffic and parking concerns with the Bonita Pacifica Land Transfer. Public Safety found no concerns relating to this project.

Traffic Safety Issues:
• Two (2) traffic accidents involving children and vehicles. One at Obispo and highway-166 and one at Guadalupe and Main Street.
• Traffic concerns at Mary Buren Elementary School with kids crossing a busy street. • Working with school Superintendent to address issues. • Suggestions.
a. Install 4-way stop signs at Obispo and Highway-166 (Main Street) b. Install 4-way stop signs at 11th and Peralta Street
c. Install 4-way stop signs at Point Sal and Main Street d. Install 4-way stop signs at Cesar Chaves and Main Street By way of Zoom, the Director of Public Safety indicated that there was a ‘stocker’ cited at the bus depots and it has been reported to the school superintendent. This is for information only.

8. MAYOR’S REPORT- UPDATES
Mayor Julian mentioned that there was a lot of information in the Mayor’s Report. He highlighted Item #3. and wanted to let everyone know that Senator Monique Limon will be in Guadalupe on October 6, 2022, from 10 a.m. to 2 p.m. to tour the various grant funded projects including Le Roy Park, Central Park, Senior Center, and the Royal Theater. The mayor preceded to talk about the Royal Theater, and it being done in two grant phases: first phase, $5M EDA grant for the renovation of the existing theater and the second phase for the construction of the attached 3 story contemporary building utilizing State grants for just under $5M. This is a very complicated comingling of grants with significant amounts of paperwork, grant administration, city staff, and project management involvement.

August 23, 2022 City of Guadalupe Council Meeting MINUTES Page 4 of 7

PUBLIC HEARING

9. Public Hearing to Consider 2022-068-PA, a Use Determination for Gym Facility within the General Commercial (G-C) Zone District.

The Public Hearing opened at 6:25 p.m.

Contract Planning Director Larry Appel gave a presentation stating that a zoning determination being requested by Mireya Guerrero, lessee of property at 959 Guadalupe Street (Napa Building).

Ms. Guerrero is wanting to bring a new business, Guadalupe Fitness, to the downtown area by developing and operating a gym/fitness center. While there are not specific uses like uses by right or with a conditional use permit (CUP), in the General Commercial (G-C) zone district, there are some uses that would have larger square footages and much larger gatherings of occupants. These uses include churches, meeting halls, theaters, and auditoriums (18.36.020.4). Staff is recommending that the City Council find the gym/ fitness center use appropriate within the General Commercial (GC) zone district.

The Contract Planning Director finds that a gym/exercise facility in the General Commercial (G-C) district is consistent with the purpose and uses of the zoning district.

The applicant (Ms. Mireya Guerrero) stood up to the podium to provide additional information about their proposed gym and expressed that they purchased a variety of gym equipment during the Pandemic and the apparatus is stored in another location until it can be used for this business, if approved. The applicant proceeded to provide additional information about hours of operation, types of equipment, use by the public; expressed that there will be a discount for student athletes.

Ms. Stephanie Krouse approached podium in support of the proposed gym and expressed the importance this gym means to the community by supporting health and fitness goals.

By way of Zoom, the Director of Public Safety, Michael Cash, asked about parking requirements. It was mentioned, “that the use fits the zone district and does not require special onsite parking requirements.” The operators stated, “patrons will park off site and in possible other parking areas.

The patrons may have to park down the street and walk the little distance to the gym if parking is not readily available on the street in front of the front door.” Ms. Megan Lizalde in a letter stated, “I would like to respectfully submit this letter of support regarding item #9-Public Hearing to Consider 2022-068-PA, a Use Determination for Gym within the General Commercial (G-C) Zone District. To diversity the downtown area we need to support new businesses that benefit our community. Many community members travel to nearby towns for the use of private gymnasiums and personal trainers. By having this type of business within town it would allow our community to have the convenience of this type of amenity near our homes. Having a healthy community requires access to physical fitness facilities and I am excited at the idea of having this business so close to home. I am hopeful that the council will help this small business get August 23, 2022 City of Guadalupe Council Meeting MINUTES Page 5 of 7 rooted and grow in our community. The owner is someone that has roots in Guadalupe, and I believe would work in the best interest of the community as this moves forward.

Thank you for your time,”
Ms. Andrea Luna in a letter stated, “I am writing this letter in support of Item #9 Gym facility. I have been a member of this community all my life and have seen the growth and evolution of Guadalupe.

With the growing population of our city a business such as a gym facility is much needed. As of now people of our community must travel to other towns to seek health and wellness. It would be a great benefit to offer those services within our city limits. I hope the opening of this small business is granted for the well being and continued growth of Guadalupe.

Thank you for your time and consideration.”
Ms. Valentina Gonzalez in a letter stated, “I am in favor of the opening of a gym in the City of Guadalupe. They gym will benefit the entire community.

Sincerely,
The City Council expressed their support of the project and see the need for an exercise facility and how it can benefit the community’s fitness and health goals, while at the same time, generating a positive economic buzz in that part of town. According to Council Member Costa Jr., locals will be happy to join a gym here instead of making the drive to Santa Maria.” The Public Hearing closed at 6:35 p.m.

Motion was made by Council Member Costa Jr. and seconded by Council Member Cardenas to approve 2022-068 Planning Application for a Use Determination for Gym Facility within the General Commercial (G-C) Zone District.5-0: Motion passed.

10. FUTURE AGENDA ITEMS
None mentioned.

11. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS
Council Member Robles: There appears to be excessive people speeding in town and not adhering to the speed limit and movable speed reader sign. Robles believes the sign should be strategically placed to maximize its benefits to help slow down cars. The Chief said he would move on it.

Council Member Cardenas: Maybe the Chief should contact CHP for help. The Chief replied that, “they are understaffed too and are not able to be as responsive to our needs, currently.” August 23, 2022 City of Guadalupe Council Meeting MINUTES Page 6 of 7 Council Member Ramirez: Reiterated what is written in the mayor’s report that the city is hosting Allan Hancock College within our Council Chambers on Tuesday, October 18th at 6 p.m.

Mayor Julian: “I attend the SBCAG meetings, along with several others.” He talked about State Route 166/1-Guadalupe ADA pedestrian infrastructure improvements. “This is in the design stage with a construction cost of $12.9M. The timeline for completion is 2028.” The mayor also indicated how slowly things move with Caltrans and other agencies in this coordinated project. He spoke with two Santa Barbara County Supervisors with the hope to push this project along. Ms. Cardenas said, “the city council should draft a support letter coming from the City Council to light a fire under Caltrans belt.” Mayor Julian said, “he works with others to draft the letter for council to sign.” Mayor Julian mentioned that at the Food Bank, Ms. Stephanie Krouse (CV1) last day of work is 9/23/22. The city is now responsible for reporting to the Food Bank.

Lastly, the Mayor mentioned that the Mayor’s Ball will be held on 10/8/22 at the Santa Maria Country Club.

Motion was made by Council Member Costa Jr. and seconded by Council Member Cardenas to adjourn into the closed session meeting at 6:49 p.m. 5-0. Motion passed.

CLOSED SESSION

12. Conference with Labor Negotiators
(Subdivision (a) of Government Code Section 54957.6)
Agency designated representatives: City Administrator, Human Resources Manager and Che Johnson, Partner, Liebert, Cassidy & Whitmore; Employee Organizations: International Association of Firefighters (IAFF).

13. Public Employment
Pursuant to Government Code Section 54957 (b)):

Title: City Administrator
Motion was made by Council Member Costa Jr. and seconded by Council Member Ramirez to adjourn to Open Session. 5.0. Motion passed.

14. CLOSED SESSION ANNOUNCEMENTS
No reportable information.

15. ADJOURNMENT
Motion was made by Council Member Costa Jr. and seconded by Council Member Cardenas to adjourn the meeting. 5-0. Motion passed. Meeting adjourned at 7:55 p.m.

August 23, 2022 City of Guadalupe Council Meeting MINUTES Page 7 of 7 Prepared by: Approved by:
________________________________ _____________________________________ Todd Bodem, Deputy City Clerk Ariston Julian, Mayor

Agenda Item No. 7E

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of October 11, 2022

________________________________ __________________________________ Prepared by: Approved by:

Michael Cash, Director of Public Safety Todd Bodem, City Administrator SUBJECT: Authorizing the Guadalupe Public Safety Department to accept the Cal Fire, RFC (Rural Fire Capacity) Grant.

RECOMMENDATIONS:

It is recommended that the City Council approve the Guadalupe Public Safety Department to execute the agreement between the City of Guadalupe and the State of California, Department of Forestry and Fire Protection (Cal Fire) for the RFC (Rural Fire Capacity) Grant.

BACKGROUND:

The Guadalupe Public Safety Department applied for and was awarded a 2022-2023 Cal Fire, RFC grant in the amount of seven thousand dollars ($7,000.00). The award is a 50% matching grant where the Public Safety Department (Fire Department) will be awarded three thousand five hundred dollars ($3,500.00) upon approval.

DISCUSSION:

The Guadalupe Public Safety Department (Fire Department) is seeking City Council approval to accept and utilize the awarded grant.

FISCAL IMPACT:

Approving to accept the grant will enable the Public Safety Department (Fire Department) to purchase and receive partial reimbursement for the acquisition of structural turnouts. The total expenditure from the Public Safety Department (Fire Department) budget will not exceed $3,500.00. Funds budgeted and approved by City Council from Fund 76 will be utilized for this expenditure.

ATTACHMENTS:

1. Resolution No. 2022-84
Michael Cash
RESOLUTION NO. 2022-84

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA ACCEPTING THE CAL FIRE, RFC (RURAL FIRE CAPACITY) GRANT IN THE AMOUNT OF $3,500.00 FOR STRUCTURAL TURNOUTS.

WHEREAS, the Guadalupe Public Safety Department (Fire Department) needs to stay current in its training and preparedness to respond to and combat fires and emergencies; and WHEREAS, the Guadalupe Public Safety Department (Fire Department) has applied for and was awarded a Cal Fire, RFC (Rural Fire Capacity) grant for structural turnouts; and WHEREAS, the RFC grant is for a total of $7,000.00 and the Guadalupe Public Safety Department (Fire Department) will match the 50% funding for the grant to purchase the specified and equipment. Fund 76 has been budgeted and approved by City Council to utilized for this expenditure.

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

SECTION 1. That the City Council accepts the RFC, 50% matching grant in the amount of $7,000.00 for structural turnouts.

SECTION 2. That the City Council authorizes the Director of Public Safety to execute the agreement between the City and the State of California, Department of Forestry and Fire Protection (Cal Fire).

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 held on the 11th day of October 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. 2022-84, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held October 11, 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

Agenda Item No. 7F

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of October 11, 2022

_______________________________ _________________________________ Prepared by: Approved by:

Shannon Sweeney Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: Restatement and Continuation of Pasquini Ground Lease.

RECOMMENDATION:

That City Council approve the restated and continued lease between the City and Charles A. Pasquini, Jr. (as Trustee of the Charles A. Pasquini Jr. Separate Property Trust) for land used by the City for wastewater effluent disposal for an additional 30 years, with an annual lease payment of $5,923.30 the first year and adjusted by CPI each remaining year.

DISCUSSION:

Thirty years ago, the City of Guadalupe entered into a lease agreement with Charles Pasquini and Gina Pasquini for property they owned to use for wastewater effluent disposal. The term of the lease was 30 years, beginning on November 1, 1992 at 12:01 AM and ending on November 1, 2022 at 12:01 AM.

The City uses the leased premises for construction, operation, and maintenance of a treated effluent spray irrigation system and for the disposal, through the spray irrigation system, of sewer and waste material treated by the City’s wastewater treatment facilities.

This lease agreement has been mutually beneficial to both parties. City staff meet with the lessor multiple times per year to discuss mutually pertinent topics, including maintenance of the leased area and any items of concern.

Both parties are interested in renewing the lease for an additional 30 years. The City receives a costeffective mechanism for wastewater treatment plant effluent disposal and recycle, and the lessor receives water for irrigating a field for cattle grazing.

After reviewing the terms of the existing lease agreement, both parties agreed to modifications of the following items:
• the lesser name will be changed to a trust rather than individual family members. • The annual payment will be a minimum of the previous year’s payment, adjusted by July CPI each year.

Shannon Sweeney

• Update of the lessor’s mailing address.
• Removal of language regarding a temporary construction easement. • Update of the insurance limit.

FISCAL IMPACT
Outside of electricity, wastewater treatment plant effluent disposal or recycle is often one of the highest costs associated with wastewater operation. This mutually beneficial recycling of City wastewater effluent through a spray irrigation system on adjacent property is much more cost effective than other available alternatives, such as tertiary treatment for indirect potable reuse, or the extra treatment that required for discharge directly to the Santa Maria River.

ATTACHMENTS:

1. Restated and Continued Lease

2. Resolution No. 2022-85

RESTATEMENT AND CONTINUATION OF GROUND LEASE

BETWEEN
CHARLES A. PASQUINI, JR. SEPARATE PROPERTY TRUST
UNDER AGREEMENT DATED MAY 26, 2005
''LESSOR"
AND

THE CITY OF GUADALUPE
"LESSEE"
Guadalupe, California
November 1, 2022
ATTACHMENT 1
2022 Restated Lease 2

TABLE OF CONTENTS

1. PARTIES AND PREMISES ......................................................................................................... 1

2. TERM OF LEASE ......................................................................................................................... 1

2.1. Term of Lease ............................................................................................................................... 1

2.2. Right to Terminate. ....................................................................................................................... 1

2.3. Holding Over. ............................................................................................................................... 1

3. RENT .............................................................................................................................................. 1

3.1. Annual Rent .................................................................................................................................. 1

3.2. Cost of Living Adjustment - Rent ................................................................................................. 1

3.3. Place for Payment of Rent. ........................................................................................................... 2

3.4. Substitute Payee. ........................................................................................................................... 2

4. USE .................................................................................................................................................. 2

4.1. Use ................................................................................................................................................ 2

4.2. Rights Reserved by Lessor ............................................................................................................ 2

4.3. Premises Free of Hazardous or Toxic Waste or Contamination. .................................................. 2

4.4. Compliance with all Laws............................................................................................................. 3

5. MAINTENANCE ........................................................................................................................... 3

6. INSURANCE AND INDEMNITY ............................................................................................... 3

6.1. Liability Insurance ........................................................................................................................ 3

6.2. Cost of Living Adjustments - Insurance Limits. ........................................................................... 4

6.3. Indemnification of Lessor ............................................................................................................. 4

6.4. Indemnification of Lessee ............................................................................................................. 5

7. TAXES AND UTILITIES ............................................................................................................. 5

7.1. Taxes ............................................................................................................................................. 5

7.2. Utilities .......................................................................................................................................... 5

8. MECHANICS' LIENS................................................................................................................... 5

9. EMINENT DOMAIN .................................................................................................................... 6

10. ASSIGNMENT AND SUBLETTING .......................................................................................... 6

11. WAIVER OF SUBROGATION ................................................................................................... 6

12.1. Default ....................................................................................................................................... 6

12.2. Remedies ................................................................................................................................... 7

12.3. No Waiver Upon Continuation of Lease After Default ............................................................ 7

13. MISCELLANEOUS ...................................................................................................................... 7

13.1. Captions. Attachments, Defined Terms. ................................................................................... 7

13.2. Entire Agreement. ..................................................................................................................... 7 2022 Restated Lease 3

13.3. Severability ...............................................................................................................................8

13.4. Costs of Suit..............................................................................................................................8

13.5. Time ..........................................................................................................................................8

13.6. Choice of Law...........................................................................................................................8

13.7. Waiver.......................................................................................................................................8

13.8. Surrender of Premises. ..............................................................................................................8

13.9. Force Majeure. ..........................................................................................................................8

13.10. Notices ......................................................................................................................................9

13.11. Successors.................................................................................................................................9

13.12. Memorandum of Lease .............................................................................................................9 2022 Restated Lease 1

RESTATEMENT AND CONTINUATION OF GROUND LEASE

1. PARTIES AND PREMISES
CHARLES A. PASQUINI, JR, Trustee of the Charles A. Pasquini Jr. Separate Property Trust under Agreement dated May 26, 2005 (hereinafter referred to as "Lessor") hereby leases to THE CITY OF GUADALUPE, a Municipal Corporation (hereinafter referred to as "Lessee" or "City") on the terms and conditions specified herein, certain premises located in the unincorporated area of Santa Barbara and San Luis Obispo Counties, California (hereinafter referred to as the "Leased Premises"). The Leased Premises are more particularly described in the attached Exhibit "A".

Lessor and Lessee are sometimes individually referred to as a "Party" and collectively referred to as the "Parties."
This is a restatement and continuation of the prior lease between the Lessor’s predecessor in interest, Charles A Pasquini and Gina Pasquini as Lessor and the City of Guadalupe as Lessee, dated November 1, 1992. The terms of this Restatement replace and supersede the terms of the prior Lease.

2. TERM OF LEASE

2.1. Term of Lease. The term of this lease shall be a period of thirty (30) years commencing at 12:01 A.M. on November 1, 2022 and ending at 12:01 A.M. on November 1, 2052 unless sooner terminated as hereinafter provided.

2.2. Right to Terminate. Anything in this lease to the contrary notwithstanding, Lessee shall have the right to cancel this lease on not less than sixty (60) days written notice to Lessor and thereupon all rent shall cease. Any rent for the year in which the lease is terminated shall be prorated to the date of termination.

2.3. Holding Over. Should Lessee hold over and continue in possession of the Leased Premises after termination of the term of this Lease, Lessee's continued occupancy of the Leased Premises shall be deemed merely a tenancy from month to month at a rental rate equal to a proportionate share of the annual rental amount and subject to all of the terms and conditions of this lease.

3. RENT

3.1. Annual Rent. Lessee agrees to pay to Lessor as the Annual Rent for the Leased Premises FIVE THOUSAND NINE HUNDRED TWENTY-THREE AND 30/100 DOLLARS ($5,923.30) due and payable in advance on or before the first day of November of each year, commencing November 1, 2022.

3.2. Cost of Living Adjustment - Rent. Twelve (12) months after the commencement date and every twelve (12) months thereafter, the Annual Rent shall be adjusted to an amount that bears the same relationship to the immediately preceding year's installment of Annual Rent which the Consumer Price Index for the month of July prior to the current adjustment date bears to the 2022 Restated Lease 2
index for the month of July prior to the commencement date or the month of July prior to the preceding year's adjustment date, whichever is applicable.

The Consumer Price Index to be used is the Los Angeles-Long Beach-Anaheim Consumer Price Index - all items, all urban consumers, published monthly by the U.S. Department of Labor, Bureau of Labor Statistics. If said Consumer Price Index is discontinued, then the Parties shall substitute therefor any successor index supplied by the U.S. Department of Labor which reflects consumer price levels for the area encompassing the City of Los Angeles, and if no such successor index exists, then the Parties shall select another similar index which reflects consumer price levels. If the Parties cannot agree on another index, it shall be determined by binding arbitration.

In no event shall the Rent for any lease year be less than the rent for the immediately preceding lease year.

3.3. Place for Payment of Rent. All Rent that becomes due and payable pursuant to this lease shall be paid to Lessor at 2381 Brant Street, Arroyo Grande, CA 93420, or at such other location as Lessor may from time to time designate by a notice in writing to Lessee.

3.4. Substitute Payee. Lessee agrees that upon notice from Lessor, Lessee shall accept, recognize and pay to such whole or partial substitute payees as Lessor may reasonably designate, such portion of the payments due under this lease as Lessor may reasonably designate.

4. USE

4.1. Use. Lessee shall use the Leased Premises for construction, operation and maintenance of a treated effluent spray irrigation system and for the disposal, through the spray irrigation system, of sewer and waste material treated by Lessee's waste water treatment facilities, which material shall meet all applicable health and safety standards.

4.2. Rights Reserved by Lessor. Lessor reserves the right to possession and use of the Leased Premises for any purposes not inconsistent with Lessee's use as described in Section 4.1, including but not limited to the right to graze livestock or conduct other permissible agricultural activities on the Leased Premises, construct fencing necessary for the management of livestock grazed on the Leased Premises, explore for and exploit any water, mineral, oil, gas or other hydrocarbon deposits that lie beneath the surface of the Leased Premises, lease the Leased Premises, subject to this lease, for the purposes of exploring for or exploiting water, minerals, oil, gas or other materials that lie beneath the surface of the Leased Premises or for the grazing of livestock or for other permissible agricultural purposes, post signs and notices on the Leased Premises, walk, ride or travel upon any portion of the Leased Premises or undertake any other activity not inconsistent with the use of the Leased Premises by Lessee. Lessor shall not be required to use the Leased Premises at all and Lessor's failure to do so shall not constitute a waiver or forfeiture of Lessor's rights to do so.

4.3. Premises Free of Hazardous or Toxic Waste or Contamination. During the term of the lease, Lessee shall keep the Leased Premises free of all hazardous or toxic waste or contamination consistent with the use of the property as a spray irrigation field for treated waste water, and shall promptly remove and remediate any hazardous or toxic waste or contamination which is discovered on the Leased Premises resulting from Lessee's operations. 2022 Restated Lease 3

4.4. Compliance with all Laws. Lessee shall, at its sole expense, during the course of this lease, comply with all laws, federal, state and municipal, now or hereafter in effect, which pertain to the Leased Premises. The judgment of any court of competent jurisdiction or the admission of Lessee in any proceeding that Lessee has violated any such law in the use of the Leased Premises shall be conclusive of that fact between Lessor and Lessee.

5. MAINTENANCE

5.1. Lessee has constructed pipelines, pumps, spray heads, fences, roads, pump sheds, electrical, monitoring and telemetry services and other facilities necessary to establish and maintain a spray irrigation system for Lessee’s waste water treatment facilities. Lessee shall maintain Lessee’s improvements in good operating order and shall not damage Lessor’s real or personal property in the maintenance and repair of Lessee’s improvements and to the extent that any such damage occurs, Lessee shall promptly repair such damage.

5.2. In connection with the proper maintenance of the Leased Premises, Lessee shall:

A. Maintain and operate pumping and sprinkling facilities in good condition and working order.

B. Irrigate the Leased Premises according to good irrigation practices, including rotating the spraying of treated effluent to different areas of the Leased Premises so there is no standing water that would damage the permanent pasture and fences.

C. Keep the Leased Premises reasonably clear of weeds and debris.

D. Disk the ground and re-seed the permanent pasture on a regular basis to facilitate percolation of the effluent and growth of the permanent pasture.

E. Maintain fences in good condition and replace when wires or posts are rusted.

5.3. Upon the expiration or earlier termination of this lease, Lessee shall remove all of the facilities on the Leased Premises constructed or installed by Lessee and return the Leased Premises to substantially the same condition as at the commencement of the Lease.

6. INSURANCE AND INDEMNITY

6.1. Liability Insurance. Lessee shall, at Lessee's expense, obtain and keep in force during the term of this lease a policy of comprehensive public liability insurance insuring Lessor and Lessee against any liability arising out of the ownership, use, occupancy or maintenance of the Leased Premises and all areas appurtenant thereto in a combined single limit of not less than FIVE MILLION/xx DOLLARS ($5,000,000.00) for bodily injury, personal injury and property damage. The limits of such insurance shall not limit the liability of Lessee hereunder. Lessee may provide this insurance or some of this insurance through self-insurance or under a blanket policy, provided that said insurance shall have a Lessor's protective liability endorsement attached thereto. 2022 Restated Lease 4
If Lessee shall fail to procure and maintain said insurance, Lessor may, but shall not be required to, procure and maintain same, but at the expense of Lessee. Lessee shall deliver to Lessor, prior to right of entry on to the Leased Premises, copies of the policies of liability insurance required herein. No policy shall be cancelable or subject to reduction of coverage except on thirty (30) days written notice to Lessor of such reduction or cancellation. All such policies shall be written as primary policies.

6.2. Cost of Living Adjustments - Insurance Limits. Ten (10) years and twenty (20) years after the commencement date, the combined single limit of the comprehensive public liability policy insurance for the remaining lease term shall be adjusted to an amount that bears the same relationship to the immediately preceding limit which the Consumer Price Index for the month in which the current adjustment date occurs bears to the index for commencement date or the preceding adjustment date, whichever is applicable.

The Consumer Price Index to be used is the Los Angeles-Long Beach-Anaheim Consumer Price Index - all items, all urban consumers, published monthly by the U.S. Department of Labor, Bureau of Labor Statistics. If said Consumer Price Index is discontinued, then the Parties shall substitute therefor any successor index supplied by the U. S. Department of Labor which reflects consumer price levels for the area encompassing the City of Los Angeles, and if no such successor index exists, then the Parties shall select another similar index which reflects consumer price levels. If the Parties cannot agree on another index, it shall be determined by binding arbitration.

The adjustment provided for in this section shall not be made if the adjustment would require a policy limit unavailable at a commercially reasonable price or if the amount of the limit is commercially unreasonable in the light of changing circumstances such as the availability of insurance for municipal entities, limits of liability imposed by tort reform and the like.

6.3. Indemnification of Lessor. Lessee will indemnify Lessor and hold Lessor harmless from and against any and all claims, actions, damages, liability and expense in connection with loss of life, personal injury and/or damage to property arising from or out of any occurrence in, upon or at the Leased Premises, or the occupancy or use by Lessee of the Leased Premises or any part thereof, or occasioned wholly or in part by any act or omission of Lessee, Lessee's agents, contractors, employees, servants, sublessees, or concessionaires.

Lessee shall further indemnify and hold Lessor harmless from and against any and all claims, actions, damages, liability and expense in connection with the inability of Lessor to graze livestock on the Leased Premises due to the presence thereon of the toxic wastes or chemicals as a result of the action of Lessee or resulting from the consumption of toxic wastes or materials by livestock grazed by Lessor or Lessor's tenants on the Leased Premises including damages suffered by persons consuming the meat from livestock grazed on the Leased Premises and damages suffered by Lessor or Lessor's tenants due to livestock grazed on the Leased Premises becoming unfit for human consumption, whether or not the destruction or unmarketability of such livestock is mandated by government regulation; provided however, that this sentence shall not apply to the effects of disposing treated effluent on the Leased Premises, where such effects result from causes that can be detrimental only when cumulated over a substantial number of years or decades.

Notwithstanding the foregoing, if any government regulation requires clean-up or remediation of the Leased Premises as a result of the dispersal of treated effluent on the Leased Premises by 2022 Restated Lease 5
Lessee, Lessee shall be required at Lessee's sole cost and obligation, to meet the requirements of such government regulations including clean-up or remediation of the Leased Premises as required.

In case Lessor shall be made a party to any litigation commenced by or against Lessee, then Lessee shall protect and hold Lessor free and harmless and shall pay all costs, expenses and reasonable attorney's fees incurred or paid by Lessor in connection with such litigation. Lessee shall also pay all costs, expenses, and reasonable attorney's fees that may be incurred or paid by Lessor in enforcing the covenants and agreements in this lease.

6.4. Indemnification of Lessee. Lessor will indemnify Lessee and hold Lessee harmless from and against any and all claims, actions, damages, liability and expense in connection with the loss of life, personal injury and/or damage to the property arising from or out of the negligence, gross negligence or willful misconduct of Lessor or Lessor's agents, contractors, employees, servants or tenants. In case Lessee shall be made a party to any litigation commenced by or against Lessor in which Lessor is found at fault, then Lessor shall protect and hold Lessee free and harmless and shall pay all costs, expenses and reasonable attorney's fees incurred or paid by Lessee in connection with such litigation. Lessor shall also pay all costs, expenses and reasonable attorney's fees that may be incurred or paid by Lessee in enforcing the covenants and agreements in this lease.

7. TAXES AND UTILITIES

7.1. Taxes. Lessor shall pay all real property taxes levied on the Leased Premises; provided however, that Lessee shall pay all real or personal property taxes levied against or as a result of its improvements and personal property located on the Leased Premises. Lessor shall have the right to request a separate assessment at any time.

7.2. Utilities. Lessee shall pay as they become due all charges for public utilities supplied to the Leased Premises and Lessee's facilities thereon for the benefit of Lessee.

8. MECHANICS' LIENS
Lessee shall pay promptly for all labor done or materials furnished for any work of repair, maintenance, improvement, alteration, or addition done by Lessee on the Leased Premises, and shall keep and hold the Leased Premises free from all liens that could arise by reason of-such work.

If any such lien shall at any time be filed against the Leased Premises, Lessee shall either cause the same to be discharged of record within twenty (20) days after the date of filing the same, or if Lessee in its discretion and good faith determines that such lien should be contested, Lessee shall furnish such bond as may be necessary or required to prevent any foreclosure proceedings against the Leased Premises during the pendency of such contest. If Lessee shall fail to discharge such lien within such period or fail to furnish such security, then Lessor may, but shall not be obligated to, discharge the same either by paying the amount claimed to be due, by procuring the discharge of such lien by deposit in Court, by giving security or by any other means as is or may be prescribed by law. Lessee shall repay to Lessor on demand all sums disbursed or deposited by Lessor pursuant to this Section, including costs, expenses and reasonable attorney's fees incurred by Lessor in connection therewith.
2022 Restated Lease 6
Lessor shall have the right to post a Notice of Nonresponsibility on the Leased Premises during the course of any work of improvement on the Leased Premises for the purposes of protecting the same from any mechanics' liens.

9. EMINENT DOMAIN
If Lessee or any other public agency with right of eminent domain that is under the control or substantial influence of Lessee shall take possession of and acquire fee title to the Leased Premises by exercise of such right of eminent domain, then the compensation that shall be paid to Lessor for Lessor's interest in the Leased Premises shall equal the fair market value of the Leased Premises at the time such entity takes possession of the Leased Premises determined as if this lease did not burden the Leased Premises; less that portion of the value attributable to the improvements to the Leased Premises installed by Lessee.

10. ASSIGNMENT AND SUBLETTING
Lessor may assign any interest in the Leased Premises without the consent of Lessee. Lessee may assign an interest in the Leased Premises, assign its interest in this Lease or sublet any interest in the Leased Premises only with the consent of Lessor, which consent shall not be unreasonably withheld. As used herein, to assign includes any transfer, whether voluntary or by operation of law. Subject to these provisions, each and all of the covenants, conditions restrictions, rights and rights of reentry provided by this lease shall inure to the benefit of and shall be binding upon the successors in interest of Lessor or Lessee.

11. WAIVER OF SUBROGATION
Lessor and Lessee hereby mutually waive their respective rights of recovery against each other for any loss insured by fire, extended coverage and other property insurance policies existing for the benefit of the respective Parties. Each Party shall apply to its insurer to obtain said waivers and shall secure any special endorsements if required by its insurer to comply with this provision.

12. DEFAULT AND REMEDIES

12.1. Default. The occurrence of any of the following shall constitute a default and breach of this lease by Lessee:

A. Any failure by Lessee to pay the Rent, or any other monetary sums required to be paid by this lease, where such failure continues for five (5) days after written notice by Lessor to Lessee.

B. The abandonment or vacating of the Leased Premises by Lessee unless Lessee continues to make regular annual rental payments.

C. Failure by Lessee to observe or perform any other provision of this lease to be observed or performed by Lessee, where such failure continues for thirty (30) days after written notice thereof by Lessor to Lessee; provided that if the nature of the default is such that the same cannot reasonably be cured within said thirty (30) day period, Lessee shall not be deemed to be in default if Lessee shall within such period commence such cure and thereafter diligently prosecutes 2022 Restated Lease 7
the same to completion;

12.2. Remedies. In the event of any such default or breach by Lessee, Lessor may at any time thereafter, without limiting Lessor in the exercise of any right or remedy at law or in equity which Lessor may have by reason of such default or breach:

A. Maintain this lease in full force and effect and recover rent and other monetary charges as they become due, without terminating Lessee's right to possession, irrespective of whether Lessee shall have abandoned the Leased Premises. Notwithstanding that Lessor fails to elect to terminate this lease initially, Lessor at any time during the term of this lease, may elect to terminate this lease by virtue of such previous default of Lessee.

B. Terminate Lessee's right to possession by any lawful means, in which case this lease shall terminate, and Lessee shall immediately surrender possession of the Leased Premises to Lessor. In such event, Lessor shall be entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee's default, including without limitation the following:

I. All Rent accrued and unpaid through the date of termination.

II. All Rent which would have accrued during a period of sixty (60) days after the date of termination.

III. Any other amount reasonably necessary to compensate Lessor for all the detriment proximately caused by Lessee's failure to perform its obligations under this lease or which in the ordinary course of events would be likely to result therefrom.

12.3. No Waiver Upon Continuation of Lease After Default. Even though Lessee has breached this lease and so long as Lessor does not terminate Lessee's right to possession, Lessor may enforce all Lessor's rights and remedies under this lease, including the right to recover the Rent as it becomes due under this lease.

13. MISCELLANEOUS

13.1. Captions. Attachments, Defined Terms.

A. The captions of the sections of this lease are for convenience only and shall not be deemed to be relevant in resolving any question of interpretation or construction of any section of this lease.

B. Exhibits and addenda attached or affixed hereto are deemed a part of this lease and are incorporated herein by reference.

C. The term "Lessor" shall mean only the owner or owners at the time in question of the fee title. The obligations contained in this lease to be performed by Lessor shall be binding on Lessor's successors and assigns only during their respective periods of ownership.

13.2. Entire Agreement. This lease constitutes the entire agreement between Lessor and Lessee relative to the Leased Premises and supersedes any prior agreements, brochures or 2022 Restated Lease 8
representations, whether written or oral. This lease may be altered, amended or revoked only by an instrument in writing signed by both Lessor and Lessee. This lease shall not be effective or binding on any Party until fully executed by both Parties hereto.

13.3. Severability. If any provision of this lease shall be determined by a court to be invalid or unenforceable, the remainder of this lease shall not be affected thereby, and each term and provision of this lease shall be valid and enforceable to the fullest extent permitted by law.

13.4. Costs of Suit. If Lessee or Lessor shall bring any action for any relief against the other, declaratory or otherwise, arising out of this lease, including any suit by Lessor for the recovery of rent or possession of the Leased Premises, the losing Party shall pay the prevailing Party a reasonable sum for attorney's fees incurred in bringing such suit and/or enforcing any judgment granted therein, all of which shall be deemed to have accrued upon the commencement of such action and shall be paid whether or not such action is prosecuted to judgment. Any judgment or order entered in such action shall contain a specific provision providing for the recovery of attorney's fees and costs incurred in enforcing such judgment.

13.5. Time. Time is of the essence of this lease and each and every provision hereof.

13.6. Choice of Law. The Parties hereto agree that all the provisions of this lease are to be construed as both covenants and conditions as though the words importing such covenants and conditions were used in each separate paragraph hereof, and all rights and remedies of the Parties shall be cumulative and nonexclusive of any other remedy at law or in equity. This lease shall be governed by the laws of the State of California.

13.7. Waiver. The waiver by Lessor of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained. The subsequent acceptance of rent hereunder by Lessor shall not be deemed to be a waiver of any preceding breach by Lessee of any term, covenant or condition of this lease, other than the failure of Lessee to pay the particular rental so accepted, regardless of Lessor's knowledge of such preceding breach at the time of acceptance of such rent. No covenant, term or condition of this lease shall be deemed to have been waived by Lessor, unless such waiver be in writing by Lessor.

13.8. Surrender of Premises. The voluntary or other surrender of this lease by Lessee, or a mutual cancellation thereof, shall not work a merger and shall at the option of Lessor terminate all or any existing subleases, or may, at the option of Lessor, operate as an assignment to Lessor of any or all such subleases.

13.9. Force Majeure. If either Party, except as otherwise herein specifically provided, shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lock-outs, labor troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or other reason of a like nature not the fault of the Party delayed in performing work or doing acts required under the terms of this lease, then performance of such act shall be excused for the period of delay, and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay.

The provisions of this section shall not operate to excuse Lessee from the prompt payment of the 2022 Restated Lease 9
Rent, or any other payments required by the terms of this lease.

13.10. Notices.

A. Any notice by Lessee to Lessor must be served by personal delivery or by certified or registered mail, postage prepaid, addressed to Lessor at 2381 Brant Street, Arroyo Grande, CA 93420, with a copy to Michael J. Morris, Esq., Andre, Morris & Buttery, P.0. Box 730, San Luis Obispo, California 93406-0730, or at such other address as Lessor may designate by written notice.

B. Any notice by Lessor to Lessee must be served by personal delivery or by certified or registered mail, postage prepaid, addressed to Lessee at 918 Obispo Street, Guadalupe, California 93434 or such other address as Lessee shall designate by written notice.

13.11. Successors. All rights and liabilities herein given to, or imposed upon, the respective Parties hereto shall extend to and bind the several respective heirs, executors, administrators, successors, and assigns of the said Parties; and if there shall be more than one Lessee, they shall all be bound jointly and .severally by the terms, covenants and agreements herein. No rights, however, shall inure to the benefit of any assignee of Lessee unless the assignment to such assignee has been approved by Lessor in writing as provided in this lease.

13.12. Memorandum of Lease. Concurrently with the execution of this lease, the Parties shall execute and file for recording a short form Memorandum of Lease.

IN WTINESS WHEREOF, Lessor and Lessee have executed this lease as of the date and year hereinafter written.

Executed as of November 1, 2022 at Guadalupe, California LESSOR
CHARLES A. PASQUINI, JR. SEPARATE
PROPERTY TRUST u/a/d MAY 26, 2005
By: _______________________________
Charles A. Pasquini, Jr., Trustee
LESSEE

CITY OF GUADALUPE
By: _________________________________
City Administrator
Exhibit “A”
Legal Description of Property

RESOLUTION NO. 2022-85

A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE APPROVING A RESTATEMENT AND CONTINUATION OF A LEASE FOR ANOTHER 30 YEAR TERM WITH THE CHARLES A. PASQUINI, JR.

SEPARATE PROPERTY TRUST FOR WASTEWATER TREATMENT PLANT EFFLUENT DISPOSAL WHEREAS, Thirty years ago, the City of Guadalupe entered into a lease agreement with Charles Pasquini and Gina Pasquini for property they owned for the purpose of wastewater effluent disposal; and WHEREAS, the existing thirty-year lease agreement ends at 12:01 AM on November 1, 2022; and WHEREAS, the City uses the leased premises for construction, operation, and maintenance of a treated effluent spray irrigation system and for the disposal, through the spray irrigation system, of sewer and waste material treated by the City’s wastewater treatment facilities; and WHEREAS, the existing lease agreement has been mutually beneficial to both parties, who meet multiple times per year to discuss mutually pertinent topics, including maintenance of the leased area; and WHEREAS, both parties are interested in continuing the lease for an additional 30 years, as the City receives a cost-effective mechanism for wastewater treatment plant effluent disposal and recycle, and the lessor receives water for irrigating a field for cattle grazing; and WHEREAS, after reviewing the terms of the existing lease agreement, both parties agreed to modifications of the following items:
• the lessor’s name will be changed to a trust rather than individual family members. • The annual payment will be a minimum of the previous year’s payment, adjusted by July CPI each year.
• Update of the lessor’s mailing address.
• Removal of language regarding a temporary construction easement. • Update of the insurance limit; and
WHEREAS, this mutually beneficial recycling of City wastewater effluent through a spray irrigation system on adjacent property is more cost effective than other available alternatives.

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

SECTION 1. The restated and continued lease, attached to the staff report for this item, is hereby approved with the modifications listed above for another 30-year term.

SECTION 2. The Mayor is authorized sign the restated and continued lease.

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.

ATTACHMENT 2

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 11th day of October 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 Resolution No. 2022-85, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held October 11, 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

Agenda Item No. 7G

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of October 11, 2022
_______________________________ _________________________________ Prepared by: Approved by:

Shannon Sweeney, Todd Bodem, City Administrator
Public Works Director / City Engineer
SUBJECT: Authorize Contracts for the 2022 Pavement Rehabilitation Project and Related Inspection Services
RECOMMENDATION:

That the City Council adopt Resolution No. 2022-86 authorizing the Mayor, on behalf of the City, to execute a construction contract with Souza Construction for the 2022 Pavement Rehabilitation Project, and to execute a contract with Filippin Engineering for inspection services on this project.

DISCUSSION:

The 2019 Pavement Maintenance Plan identified the need for pavement rehabilitation for numerous streets throughout the City of Guadalupe.

On August 26, 2022, the City solicited a Request for Bids for the 2022 Pavement Rehabilitation Project, and on September 6, the City issued a Request for Proposals 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., September 22, 2022.

The City received three construction bids, ranging from $1,401,153.05 to $1,604,995.00. The lowest construction bid, from Souza Construction, was found to be responsive and meet the City’s needs.

Staff recommends awarding the construction contract to Souza Construction for a total of $1,401,153.05. It is also recommended to authorize the City Administrator to approve contract change orders during construction up to 15% over the contract amount if deemed necessary.

The City received three inspection proposals ranging from $50,840.00 to $66,990.00. The proposal from Filippin Engineering, was found to be responsive and meet the City’s needs.

Staff recommends awarding the inspection services contract to Filippin Engineering for a total of $50,840.00. It is also recommended to authorize the City Administrator to approve contract change orders during the project up to 15% over the contract amount if deemed necessary.

Shannon Sweeney

Please note that the City has worked with both construction and engineering firm on previous projects successfully.

FISCAL IMPACT:
$1,800,000.00 was budgeted in the FY 2021 – 22 budget for this project. The base bid for construction ($1,401,153.05) and inspection services ($50,840.00), totaling $1,451,993.05, is below the budgeted amount. The cost of the project if the full contingency is exercised and design costs are included is $1,789,201.11, which remains below the budgeted amount.

ATTACHMENTS:

1. Resolution No. 2022-86

2. Bid Results

3. Agreement, Construction

4. Agreement, Inspection Services

RESOLUTION NO. 2022-86

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE APPROVING A CONTRACT WITH SOUZA CONSTRUCTION FOR THE 2022 PAVEMENT REHABILITATION

PROJECT AND AN AGREEMENT WITH FILIPPIN ENGINEERING FOR CONTRACT INSPECTION SERVICES

ON THIS PROJECT
WHEREAS, the City of Guadalupe published a Notice Inviting Bids for the 2022 Pavement Rehabilitation Project on August 26, 2022, and a Notice Inviting Proposals for inspection services on this project on September 6, 2022, in compliance with Guadalupe Municipal Code section 4.04.070; and, WHEREAS, the City of Guadalupe received three bids for the construction of the 2022 Pavement Rehabilitation Project, which was opened on September 22, 2022, at 2:00 PM; and, WHEREAS, the construction bids, ranged from $1,401,153.05 to $1,604,995.00, and the lowest bid, from Souza Construction, in the amount of $1,401,153.05, was found to be responsive and meet the City’s needs; and
WHEREAS, Staff recommends awarding the construction contract to Souza Construction; and WHEREAS, Staff solicited informal proposals to provide contract inspection services for this construction project and received three proposals for these services ranging from $50,840.00 to $66,990.00; and WHEREAS, the lowest inspection proposal, from Filippin Engineering, was determined to meet the City’s needs and the City has worked successfully with this inspector on a previous project.

WHEREAS, Staff recommends awarding the inspection services contract to Filippin Engineering for a total of $50,840.00.

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

SECTION 1. The Mayor is authorized to enter into a construction contract with Souza Construction on behalf of the City in the amount of $1,401,153.05.00, a copy of which is attached to the staff report for this item.

SECTION 2. The Mayor is authorized to enter into an agreement with Filippin Engineering in the amount of $50,840.00 for contract inspection services, a copy of which is attached to the staff report for this item.

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

SECTION 4. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained.

ATTACHMENT 1

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 11th day of October 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 Resolution No. 2022-86, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held October 11, 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
ATTACHMENT 2
2022 Pavement Rehabilitation Project - Construction
2022 Pavement Rehabilitation Project - Inspection Services ATTACHMENT 3

EXHIBIT A

ATTACHMENT 4

Agenda Item No. 7H

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of October 11, 2022

_______________________________ _________________________________ Prepared by: Approved by:

Shannon Sweeney Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: Le Roy Park Labor Consultants of California Amendment No. 2 RECOMMENDATION:

That City Council approve Amendment No. 2 to the agreement for consultant services between the City of Guadalupe and Labor Consultants of California for completion of the labor compliance requirements for the LeRoy Park phase 1 project.

DISCUSSION:

The City of Guadalupe entered into an original agreement with Labor Consultants of California on July 23, 2019, to complete labor compliance requirements associated with phase 1 of the Leroy Park project.

This agreement was amended on August 23, 2021 (“Amendment No. 1”) to extend the term of the agreement until “January 22, 2022, or until the completion of the services to be provided as set forth in the scope of services, whichever occurs later.” This amendment also set forth compensation for total amount “not to exceed $30,000.00 unless approved by the City Council.” A total of $30,000.00 has been paid to date.

Remaining work associated with labor compliance for this project includes payment for payroll review from April to August 2022, as well as payroll reviews and other labor compliance components that include third-party requests for certified payroll records, completion of the semiannual labor standards enforcement report, and closeout of the project. Labor Consultants of California staff hasindicated that the remaining work can completed for a total amount not to exceed $5,250.00.

FISCAL IMPACT:

Staff has completed an exhaustive review of revenue and expenses associated with the LeRoy Park phase 1 project. Attachment 1 summarizes this review and indicates that sufficient funds are available to complete the labor compliance obligations for this project.

Shannon Sweeney

ATTACHMENTS:

1. Summary of revenue and expenses for the Le Roy Park phase 1 project.

2. Resolution No. 2022-87

3. Original Agreement

4. Amendment No. 1

5. Amendment No. 2
ATTACHMENT 1
BUDGET Costs
CDBG $5,312,655.00 Item Amount Notes
Donations + interest $298,572.80 incl $$ received 09/12/22 CDBG for leroy $5,312,655.00 Prop 68 per capita $177,952.00 rcdcc/ladg $ (251,737.52) Program Income $108,835.00 agd $ (543,326.00) Base bid add 1 add 2 add 3 Covered by Water Fund $8,123.00 cannon $ (281,295.00) $ 176,650 $ 58,100 $ 30,065 $ 16,480 Quimby $150,000.00 eikof $ (1,030.00)
Covered by ARPA Funds $39,000.00 labor $ (30,000.00) Base bid $6,095,137.80 quincon $ (4,830,756.00) $ 4,095,036 $ 733,545 pge $ (82,722.71)
nichols $ (18,490.00)
Additional potential/needed costs env $ (5,765.00)
Finish labor compliance $ (5,250.00) Incidentals $ (9,734.28) Parking lot gates $ (14,000.00) capital campaign $ (5,736.07) inc pavers, engraving, plaques, benches and ladg time Total -$19,250.00 total $ (6,060,592.58)
diff $ (747,937.58)
addl $782,482.80
Remaining (deficit) $ 34,545.22
Total anticipated remaining (deficit) $15,295.22
Per grant amendment, except resiliency
total invoices up until 4/30
Total amount spent on project
Amount spent over original cdbg amount
Donations+Prop 68+PI+ARPA+ Quimby
All change orders except 58
ATTACHMENT 1

RESOLUTION NO. 2022-87

A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE
APPROVING AMENDMENT 2 TO THE CONTRACT WITH LABOR CONSULTANTS OF CALIFORNIA WHEREAS, the City entered into an agreement with Labor Consultants of California in July 2019, and Amendment No. 1 to this agreement in August 2021, for a total not-to-exceed $30,000.00 to complete labor compliance obligations associated with the Le Roy Park phase I project; and WHEREAS, a total of $30,000.00 has been spent to date; and WHEREAS, remaining work includes payroll reviews and other labor compliance components that include third-party requests for certified payroll records, completion of the semiannual labor standards enforcement report, and closeout of the project; and
WHEREAS, City staff and the consultant have reviewed remaining work and have developed a not-toexceed amount of $5,250.00 above the previously amended $30,000.00; and WHEREAS, City staff has determined that adequate funds are available to complete this work.

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

SECTION 1: Amendment No. 2 to the agreement with Labor Consultants of California, a copy of which is attached to the staff report for this item, is approved and the Mayor is authorized to sign the amendment on behalf of the City.

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 11th day of October 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 Resolution No. 2022-87, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held October 11, 2022, and that same was approved and adopted.

ATTACHMENT 2

ATTEST:
______________________________ ____________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
______________________________
Philip F. Sinco, City Attorney
ATTACHMENT 3

ATTACHMENT 4
ATTACHMENT 5

Agenda Item No. 7I

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of October 11, 2022

_______________________________ _________________________________ Prepared by: Approved by:

Shannon Sweeney Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: Regional Climate Collaboratives (RCC) grant authorization.

RECOMMENDATION:

That City Council authorize the City Administrator to execute the attached Partnership Agreement, submit a Letter of Commitment and any other necessary documents to implement the grant.

DISCUSSION:

The Santa Barbara County Community Services Department’s Sustainability Division has collaborated with a variety of community stakeholders throughout Guadalupe and Lompoc and the greater Santa Barbara County region to prepare an application for the Regional Climate Collaboratives grant program. The grant would provide funding to numerous partners to develop plans, conduct community engagement activities, build local capacity and foster collaborative networks.

The Regional Climate Collaboratives (RCC) Program is part of the state’s Climate Budget (Senate Bill 170), which funds ambitious measures to build climate adaptation and resilience through planning, research, capacity building, restoration, and sustainable infrastructure. Senate Bill (SB) 1072 (Leyva, Chapter 377, Statutes of 2018) established the RCC Program at the California Strategic Growth Council (SGC) to create new and support existing Regional Climate Collaboratives (Collaboratives) across the state that will assist under resourced communities in accessing funding for climate change mitigation and adaptation projects. The legislation acknowledges that under-resourced communities often lack capacity and face challenges accessing State funding to address community priorities and recognizes the necessity of providing technical assistance resources to ensure every community has the same opportunity to achieve their climate and equity goals. As a capacity building grant program, RCC enables cross-sectoral partners to deepen relationships and strengthen local coordination, leadership, knowledge, skills, and access to critical resources to drive and sustain climate action.

The Santa Barbara County Regional Climate Collaborative (Collaborative) was established in March 2020 to meet the Board’s direction to employ a regional approach to updating the Climate Action Plan (CAP) inclusive of neighboring jurisdictions and community stakeholders. With startup funding Shannon Sweeney

from the County, the Collaborative established a governance structure with a Steering Committee and three Subcommittees focused on Clean Energy Assurance, Carbon Farming & Land Stewardship, and Sea Level Rise Adaptation. Since its inception, the Collaborative has focused on defining the gaps needing to be filled and opportunities to strengthen the fight against climate change in Santa Barbara County, leveraging the unique resources each member has to offer.

The Sustainability Division identified the RCC program as an opportunity to build community capacity to address climate change, while expanding Collaborative membership and engagement in North County within the cities of Lompoc and Guadalupe as communities of focus. On behalf of the Collaborative, County staff held numerous workshops and office hours with prospective CoApplicants (described below) to submit a pre-proposal on July 15 and then prepare a full RCC Application for submission by October 7. If awarded, the grant would achieve the following objectives:
• The City of Guadalupe would be supported to lead the development and adoption of a Climate Action Plan (CAP). The Non-Profit Collaboration Board, led by Los Amigos de Guadalupe would mobilize community service-providers, to serve as an advisory committee and develop and implement community engagement activities to support the CAP. The Community Environmental Council (CEC) would also mobilize North County Food, Resilience, Equity, Sustainability and Action (NC FRESA) to engage residents and businesses in identifying food-related solutions to mitigating climate change and enhancing community resilience. Additionally, CEC would leverage an AB 617 grant award to conduct community air monitoring to engage the public on broader air quality issues and solutions.
• The City of Lompoc would be supported to lead the development of a water percolation site feasibility study (Study). The Study would inform the development of a water resilience strategy.

The Wildfire Resilience Collaborative (WRC) (administered by the Cachuma Resource Conservation District) would serve as the convener of local community-based organizations to engage the community to identify priorities and needs to address intersectional issues with climate resilience. • The Santa Barbara County Promotores Network (administered by the Santa Barbara County Education Office) would also provide native-language outreach and engagement on behalf of the various initiatives within each city as well as for the Collaborative. • The County would dispense the RCC grant funds to provide capacity building, training and technical assistance to the cities to conduct an equitable community engagement process and elevate resilience priorities.
• The FUND for Santa Barbara, in collaboration with the respective communities and Partners, would develop a mini-grant program to offer opportunities for small organizations, informal networks and individuals to implement community engagement activities addressing climate resilience.
• The County would also work with the Central Coast Climate Justice Network (CJN) to conduct workshops on the CJN’s Regional Green New Deal project in the communities of focus. CJN would also provide networking and peer-to-peer learning opportunities for local environmental and social justice organizations in the communities of focus.
• The County would also work with the Central Coast Climate Collaborative (administered by the California Marine Sanctuary Foundation) to implement a Central Coast Sustainability Symposium, which would bring together other Central Coast-based RCC recipients and non-

recipients, to learn about collaboration in under-resourced communities. 4C would develop a Capacity Building Toolkit and Climate Solutions Inventory, to aggregate the resources, lessons learned, best practices and shovel-ready projects across the Central Coast region. • The County would coordinate and implement regular workshops, trainings and peer-to-peer activities for residents and organizations within the communities of focus. Residents would be encouraged to participate through stipends, childcare support, food and language access. The County would also administer the RCC grant and pass-through funding.

This project would support regional collaborative approaches to advancing climate mitigation and resiliency efforts. The project will leverage the Collaborative’s existing infrastructure to create efficiencies and ensure coordination. This project local builds capacity by providing training and education, network development, inclusive community engagement, and by identifying and developing plans, programs and projects for future funding opportunities.

The RCC program requires a minimum of four Co-Applicants who have signed a Partnership Agreement (Agreement). The Agreement (Attachment 2) describes the governance, organization, and financial relationships of the Collaborative Stakeholder Structure, which will govern implementation of the RCC Grant. Staff have reviewed and negotiated the attached Partnership Agreement with the County and other Co-Applicants, which is being presented for Board/Council authorization.

Staff anticipate SGC will announce award recommendations by December 2022.

FISCAL IMPACT:

This grant opportunity will provide much-needed $300,000 contribution towards preparation of the Climate Action Plan, a document identified as needed in the City’s latest draft General Plan update, ATTACHMENTS:

1. Resolution No. 2022-88

2. Partnership Agreement

RESOLUTION NO. 2022-88

A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE

APPROVING A PARTNERSHIP AGREEMENT WITH THE REGIONAL CLIMATE COOPERATIVES (RCC) WHEREAS, the City’s latest draft General Plan update identifies the need for the City to develop a Climate Action Plan; and
WHEREAS, the City does not have the funding to complete a Climate Action Plan; and WHEREAS, Regional Climate Collaboratives (RCC) is submitting a grant application on behalf of local agencies and other local groups to advance climate mitigation and resiliency efforts, including, in part, to assist the City of Guadalupe in preparing its Climate Action Plan; and WHEREAS, $300,000 is being requested for this effort.

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

SECTION 1: the partnership agreement with RCC is approved and the City Administrator is authorized to sign the amendment on behalf of the City.

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.

SECTION 3: the City Administrator is authorized to sign other documents associated with this grant collaboration, including but not limited to amendments, reports, and requests for reimbursement.

PASSED, APPROVED AND ADOPTED at a regular meeting on the 11th day of October 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 Resolution No. 2022-88, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held October 11, 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
Guadalupe-Lompoc Initiative Partnership Agreement
1 PARTNERSHIP AGREEMENT

FOR THE GUADALUPE-LOMPOC INITIATIVE
Introduction
General Terms and Conditions
Background and Recitals
Vision
Statement on Diversity, Equity & Inclusion (DEI)
Agreement
Amendments
Roles and Responsibilities
Partners
New Partners
Managing Stakeholder
Organizational Structure
Composition
Representatives
Alternate & Replacement Representative
Community Seats
Partner Departure & Contingency
Co-Chairs
Meetings
Interpretation & Translation
Decision-Making
Subcommittees
Establishing a Subcommittee
Subcommittee Membership
Alternate Representatives
Officers
Terms
Election Process
Meetings
Interpretation & Translation
Deliverables
Regional Climate Collaborative Action Plan
Legal and Financial Considerations
ATTACHMENT 2
Guadalupe-Lompoc Initiative Partnership Agreement
2 Liability Provisions
Dispute Resolution
Financial Relationships
Payment
Advance Payment
Audit and Record Retention
Procurement
Equal Opportunity & Non-Discrimination
Signatures
Appendices
I. Project Area Map
II. Proposal
III. Work Plan
IV. Budget
V. Organizational Structure
VI. Contacts
VII. Santa Barbara County Regional Climate Collaborative By Laws Guadalupe-Lompoc Initiative Partnership Agreement
3 Introduction
This Agreement for the Collaborative Stakeholder Structure for the Guadalupe-Lompoc Initiative (GLI) (“Agreement”) is made and entered into this ___ day of ____________, 2022, by and between COUNTY OF SANTA BARBARA (COUNTY, sometimes referred to as Managing Stakeholder), CITY OF GUADALUPE, a city government (GUADALUPE), CITY OF LOMPOC, a city government (LOMPOC), LOS AMIGOS DE GUADALUPE, a nonprofit organization (LADG),

CHILDREN AND FAMILY RESOURCE SERVICES IN PARTNERSHIP WITH THE SANTA BARBARA COUNTY EDUCATION OFFICE, a regional public agency, on behalf of its SANTA BARBARA COUNTY PROMOTORES NETWORK program (PROMOTORES), SANTA PAULA LATINO TOWN HALL, Inc., a nonprofit organization, on behalf of the CENTRAL COAST

CLIMATE JUSTICE NETWORK (CCCJN), CALIFORNIA MARINE SANCTUARY FOUNDATION, a nonprofit organization, on behalf of the CENTRAL COAST CLIMATE COLLABORATIVE (4C), CACHUMA RESOURCE CONSERVATION DISTRICT, a special district (CRCD), COMMUNITY ENVIRONMENTAL COUNCIL, a nonprofit organization (CEC), GUADALUPE-NIPOMO DUNES CENTER, a nonprofit organization, (DUNES), and FUND FOR SANTA BARBARA, INC. (FUND) a philanthropic organization, each a “Partner” and collectively the “Partners”.

General Terms and Conditions
Background and Recitals
I. Through the Regional Climate Collaboratives Program, the California Strategic Growth Council (SGC) funds community-rooted and cross-sectoral partners to form a collaborative and conduct capacity building activities that will strengthen local coordination, leadership, knowledge, and skills to increase access to funding and implement multi-benefit climate mitigation, adaptation, and resiliency projects.

II. If awarded, COUNTY will be the Grantee responsible for the grant from SGC ("RCC Grant") to fund a range of capacity building activities within Guadalupe, Casmalia and Lompoc in Santa Barbara County as depicted in the Project Area Map in Appendix I , attached hereto and incorporated herein by reference.

III. This Agreement is entered into pursuant to requirements of the Regional Climate Collaboratives (RCC) Program and memorializes basic terms to govern the planning and implementation of the scope of work included in the GLI of the Santa Barbara County Regional Climate Collaborative proposal (“Proposal”).

IV. Through this Agreement, the Partners commit to work together to implement the GLI identified in the Proposal if funded by the RCC grant. COUNTY and Partners have developed the GLI included in the Proposal with the understanding of the RCC program requirements and are prepared to lead and participate for the term of the RCC grant.

V. The Partners are organizations eligible to participate in the program and fully support the objectives, goals, strategies, and projects identified within the submitted grant application ("RCC Grant Application"), and the Partners agreed to be Co-Applicants for the RCC Grant Application.

VI. SGC requires this Agreement to set forth the agreed upon governance structure and terms of operation required to implement the GLI, including, but not limited to, the expectations and responsibilities of the Parties, legal and financial terms, and community engagement and decision-making processes.

Guadalupe-Lompoc Initiative Partnership Agreement
4 VII. The Santa Barbara County Regional Climate Collaborative (Collaborative) is an unincorporated membership association made up of entities representing regional interests that are involved in policy and decision-making related to climate change or influence how the region responds to climate change. The Collaborative is governed by By-Laws adopted by the Collaborative Steering Committee (Appendix VII). The County of Santa Barbara provides fiscal and administrative support for the Collaborative.

VIII. If awarded, the Guadalupe-Lompoc Initiative (GLI) will be a grant-funded activity of the Partners and will be governed by the GLI Committee. The GLI Committee will exist and function separately from the Collaborative and will exercise autonomy with respect to the grant-funded work plan tasks as described in the Proposal, but the GLI Committee will work collaboratively with the Collaborative.

IX. The Partners desire to enter into this Agreement in order to establish a collaborative stakeholder structure for matters pertaining to the RCC Grant and the implementation of the scope of work within the forenamed Communities of Focus within Santa Barbara County. Although titled “Partnership Agreement,” this Agreement is not intended to create any partnership under Title 2 of the California Corporations Code.

X. Parties acknowledge and agree that other Partners may be added to this Agreement, if agreed to by a majority of the Partners and in consultation with SGC.

Vision
The northwestern region of Santa Barbara County consists of small suburban and rural communities that are generally lower-income. The cities of Guadalupe and Lompoc, local service providers and community organizations within the region all face budgetary and staffing constraints, limiting their ability to develop and implement policies, programs and projects to address climate change. Affordability, safety, education and health are priority concerns for the majority of residents.

The Guadalupe-Lompoc Initiative seeks to:
● Support the City of Guadalupe through funding, technical assistance, training and community engagement to develop an equity-oriented Climate Action Plan. ● Support the City of Lompoc through funding, technical assistance and training to enhance its water resilience through a percolation site feasibility study. ● Support community-based organizations in Guadalupe and Lompoc through funding and training to build their capacity and conduct outreach and engagement to identify community priorities and projects.
● Support the Non-Profit Collaboration Board of Guadalupe and the Central Coast Climate Justice Network through funding, training and peer-to-peer learning to build their collaborative networks, enhance their capacities and conduct community engagement. ● Support Spanish and Mixtec-speaking residents through participation stipends and linguistically and culturally appropriate outreach conducted by the PROMOTORES to understand and engage in climate-related issues.
● Support all residents and organizations through equitable and representative governance, participation stipends, and accessible meetings to offer inclusive opportunities to participate in decision-making and co-development of programs and projects.

Support the greater Central Coast region through funding, training, peer-to-peer learning and resource development to build collaborative network capacity.

Guadalupe-Lompoc Initiative Partnership Agreement
5 Statement on Diversity, Equity & Inclusion (DEI)
According to the regional equity study “Toward a Just and Equitable Central Coast”, prepared by the Fund for Santa Barbara, Santa Barbara County “...faces a crisis of inequality that manifests the wages and employment, housing, criminal justice, education, environmental exposures, and access to healthcare. This crisis weighs most heavily on working-class communities of color… reflected in the region’s diverse but highly stratified residential patterns, which range from principally Latinx, indigenous migrant, and immigrant farmworker settlements to majority-white affluent enclaves and feature some of the most highly segregated metropolitan areas in the country. While Santa Barbara and Ventura Counties became majority BIPOC (Black, Indigenous, and People of Color) between 2000 and 2010, increasing demographic diversity has not resulted in an equitable distribution of the region’s prosperity.” The Partners recognize that much of the region’s inequality stems from historical, structural, political and economic forces that exist beyond and within the region. As a relatively new form of organizing and collaborating, the Partners also seek to address the crises of climate change and inequality. The Partners shall do this by incorporating values and strategies to increase diversity, equity and inclusion (DEI).
● Diversity: The Partners shall endeavor to recognize the diversity of our communities and emphasize representative participation and engagement, particularly from BIPOC communities.
● Equity: The Partners shall strive to foster a more equitable decision-making structure to share power with stakeholders and residents, especially those most directly affected by its plans and activities.
● Inclusion: The Partners shall compensate community members to participate in committees and events, while conducting its meetings with interpretation and translated materials.

Agreement
This Agreement shall become effective only if the GLI is awarded grant funding by the Strategic Growth Council. This Agreement creates no right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity. The parties shall manage their respective resources and activities in a separate, coordinated, and mutually beneficial manner to meet the purposes of this Agreement.

Amendments
This Agreement shall be revised to comply with all administrative, statutory, and RCC Program requirements. Amendments may be proposed by the COUNTY or any Partner. All amendments shall be reviewed during a regular or special meeting and shall be approved by a simple majority vote of the Partners.

Roles and Responsibilities
Partners
Partners are responsible for implementing specific capacity building strategies stipulated within the GLI work plan (Appendix III) as submitted within the Proposal (Appendix II), and must have the staff capacity, expertise, and organizational/project management abilities to deliver on their commitments.

Guadalupe-Lompoc Initiative Partnership Agreement
6 The following entities will serve as Partners in the GLI for the term of the RCC Grant. 1) City of Guadalupe
a) City of Guadalupe is a Community of Focus. City of Guadalupe shall develop a Climate Action Plan, in partnership with the Collaborative.
2) City of Lompoc
a) City of Lompoc is a Community of Focus. City of Lompoc shall conduct a water percolation site feasibility study, in partnership with the Collaborative. 3) Los Amigos de Guadalupe (LADG)
a) LADG works to enhance and develop the capacity of the City of Guadalupe, community organizations, local businesses and community members through community development plans and actions that support the community of Guadalupe and surrounding areas to become a resilient, strong community that will grow from disadvantaged to a livable, sustainable community. LADG shall convene the Non-Profit Collaboration Board of Guadalupeto conduct networking and capacity building services, disperse funds to local organizations for community engagement activities, and organize community outreach for the City of Guadalupe’s Climate Action Plan.
4) Children and Family Resource Services in Partnership with the Santa Barbara County Education Office on behalf of the Santa Barbara County Promotores Network (PROMOTORES)
a) PROMOTORES shall provide training to Partners on how Promotores utilize social networks, cultural and linguistic fluency and popular education techniques to reach populations that would otherwise be overlooked and not engaged by public agencies and organizations. PROMOTORES shall provide outreach to local residents and businesses, represent community interests and concerns and provide input, guidance and feedback to the Partners, cities and other participating organizations. 5) California Marine Sanctuary Foundation on behalf of the Central Coast Climate Collaborative (4C)
a) 4C is a regional network that bridges across sectors and scales to catalyze and advance equitable climate solutions throughout the Central Coast. 4C shall host activities and events to facilitate peer-to-peer learning between grant-funded collaboratives, as well as with non grant-funded 4C members. This will include virtual events and an annual inperson Central Coast Sustainability Symposium. 4C will develop the Regional Capacity Building Toolbox and Community Solutions Inventory that will aggregate resources across the entire Central Coast region from and for the grant-funded collaboratives, as well as non grant-funded 4C members within its region.
6) Santa Paula Latino Town Hall, Inc. on behalf of the Central Coast Climate Justice Network (CCCJN)
a) CCCJN is a network of social justice and environmental organizations and leaders committed to a climate movement that advances social, economic, and environmental justice for Ventura and Santa Barbara counties. CCCJN has developed a Regional Green New Deal building off dozens of house meetings with over 300 community members across Santa Barbara County. CCCJN shall provide network and capacity building support, by integrating new local community-based organizations into its network, providing training on and facilitating advancements of grassroots-sourced policies within the Regional Green New Deal, and providing networking opportunities. 7) Cachuma Resource Conservation District
a) The Cachuma Resource Conservation District created and manages the Wildfire Resilience Collaborative (WRC), which includes LegacyWorks Group (serving as a consultant to the project) and the Community Environmental Council. The WRC has been working with a broad array of partners including researchers, County agencies, County Guadalupe-Lompoc Initiative Partnership Agreement
7 leadership, fire professionals, conservation groups and land managers to develop a Regional Priority Plan for Wildfire Resilience and Ecosystem Health. WRC is a nimble group of seasoned sustainability and natural lands practitioners that are specializing in building local capacity and resilience for wildfire and other climate hazards throughout the resilience cycle. The resilience cycle includes community response, mitigation, short- and long-term recovery, and prevention planning and action across sectors. Through this project WRC shall focus on Lompoc and Guadalupe specific efforts to provide technical support, capacity building, collaborative project development, partnership facilitation and grant writing support for resilience to wildfire and other climate events. 8) Community Environmental Council (CEC)
a) CEC is a regional non-profit developing and scaling solutions to the climate crisis. CEC partners with local communities and stakeholders, engages in strong networks and coalitions, and builds the capacity for communities and local governments to advance climate justice in plans, policies, projects, programs, staffing, and elected leadership. CEC shall continue to engage, build and bridge capacity with Partners and the community.

Additionally, CEC recently received a grant to install 5 air quality monitors and conduct community engagement around air quality issues in Guadalupe. CEC shall expand opportunities for stakeholders and the community to engage in learning and engagement related to the GLI.
9) Guadalupe-Nipomo Dunes Center (DUNES)
a) DUNES provides nature education programs to thousands of children each year that reinforce the importance of conserving local dunes ecosystems. Through in-class curriculum, after school programs, museum visits and field trips, students experience hands-on natural science topics such as mammals, birds, biodiversity, botany and much more. DUNES’ mission is to promote the conservation and restoration of the GuadalupeNipomo Dunes ecosystem through education, research, and the support of cooperative stewardship. DUNES shall develop educational curriculum and outreach events and opportunities to help the community learn about climate change and protecting the earth. 10)Fund for Santa Barbara, Inc. (FUND)
a) The Fund for Santa Barbara (est. 1980) is a non-traditional community foundation that supports organizations and groups working for progressive social change in Santa Barbara County. FUND is dedicated to helping find solutions to current and emerging social problems and issues that challenge our society as a whole. FUND will develop and facilitate a community led decision making process to distribute funds to community organizations and provide organizational capacity building support for grantees in the project area.

New Partners
New Partners may be added to the Agreement to implement certain tasks of the GLI, as grant funding allows. New Partners would assume the same collective accountability for implementing grant program requirements as outlined in this Agreement. New Partners must submit to the COUNTY:
● Scope of work
● Budget, delineating costs for staff (including rates), administrative, travel, education/training/outreach, direct costs
● Implementation timeline
● Letter of Commitment
● Signed Partnership Agreement
Guadalupe-Lompoc Initiative Partnership Agreement
8 Once the above materials are submitted, the COUNTY will present the New Partner to the GLI Committee for consideration at a regular meeting of the GLI Committee. The GLI Committee shall approve or disapprove the New Partner by majority vote. Once approved, the COUNTY will then submit the requisite materials to the Strategic Growth Council for approval and amendment to the RCC Grant agreement. The New Partner will have a seat on the GLI Committee.

Managing Stakeholder
As the Managing Stakeholder, County of Santa Barbara (COUNTY) commits to all duties and responsibilities corresponding to the Managing Stakeholder role of the GLI for the term of the RCC Grant. The COUNTY is fully committed to the activities and deliverables of the RCC Proposal, the requirements of the RCC Grant, and the stipulations of this Agreement, and agrees to take all actions necessary to effectuate the requirements of the RCC Grant in accordance with the State of California requirements.

As Managing Stakeholder, the COUNTY'S responsibilities include, but are not limited to:
a. Coordinating all components of the RCC Proposal and processing the approval of the RCC Proposal through the California Strategic Growth Council as may be necessary or appropriate;
b. Overseeing and coordinating the RCC Proposal project; c. Preparing and disbursing the RCC Grant funds to Partners either as reimbursement or advanced funds for eligible administration and services upon submission of full and complete disbursement requests and supporting documentation for advanced funds, subject to State review and approval;
d. Submitting all invoices and associated summary reports, and annual reports to the California Strategic Growth Council;
e. Participating in regular check-in meetings with RCC Program staff; f. Providing COUNTY staff support during the entirety of the grant term; g. Achieving and monitoring goals and associated indicators as defined by the RCC Proposal and the RCC Grant Guidelines; and
h. Developing the Regional Climate Collaborative Action Plan, in coordination with Partners.

RCC Proposal implementation will be managed in and around the cities of Guadalupe and Lompoc and the greater northwestern region of Santa Barbara County.

Organizational Structure
The organizational structure of the Partners (Appendix V) shall consist of the GLI Committee and all ad hoc subcommittees that may be created. GLI Committee members shall carry out any or all of the following functions in order to further the Partners’ mission, goals and activities, specific to the GLI:
● Provide oversight of the GLI Committee, grant administration, project budget and the Regional Climate Collaborative Action Plan (Action Plan) ● Report to the Santa Barbara County Regional Climate Collaborative Steering Committee ● Develop the Action Plan and specific work plans, as needed, in partnership with the COUNTY
● Speak on behalf of the GLI Committee
Guadalupe-Lompoc Initiative Partnership Agreement
9 ● Recruit new GLI Partners and members
● Elect Officers of the GLI Committee
● Establish subcommittees as needed
● Solicit funds through grants, donations, in-kind contributions, sponsorships & partnerships ● Approve grant proposals, collaborative projects, and letters of support on behalf of the GLI Committee
● Approve the selection of contractors and vendors
● Propose or recommend amendments to the Partnership Agreement as needed Composition
The GLI Committee shall be comprised of one representative from each of the following:

GLI Partners
● County of Santa Barbara
● City of Guadalupe
● City of Lompoc
● Los Amigos de Guadalupe
● Children and Family Resource Services in Partnership with the Santa Barbara County Education Office on behalf of the Santa Barbara County Promotores Network ● California Marine Sanctuary Foundation on behalf of the Central Coast Climate Collaborative (4C)
● Cachuma Resource Conservation District on behalf of the Wildfire Resilience Collaborative (CRCD)
● Community Environmental Council (CEC)
● Santa Paula Latino Town Hall on behalf of the Central Coast Climate Justice Network (CCCJN)
● Guadalupe-Nipomo Dunes Center (Dunes)
● Fund for Santa Barbara
Community Seats (Not affiliated with any Partner)
● City of Guadalupe resident
● City of Lompoc resident
● Unincorporated County resident
Representatives
Each Partner shall designate one person to serve as its representative. While there is no term to membership on the GLI Committee, Partners are encouraged to consider the appropriate person to ensure capacity and continuity throughout the project term. The representatives are listed in Appendix VI. Contacts.

Alternate & Replacement Representative
Each Partner may designate at least one alternate representative and contact. Should an individual of a Partner leave the GLI Committee, the Partner may designate a replacement representative.

Community Seats
Community Seats shall be filled by residents not affiliated with any Partner within the respective jurisdictions of Guadalupe, Lompoc or the unincorporated County area. Community Seat Guadalupe-Lompoc Initiative Partnership Agreement
10 Members shall receive a stipend of $100 per meeting hour attended. Interested residents shall apply through the GLI Committee Membership Application on the Collaborative’s website.

Partners on the GLI Committee shall review the applicants and select the Community Seat representatives at a Special or Regular meeting.

Partner Departure & Contingency
Should a Partner withdraw from the Agreement entirely (e.g., Partner is unable or does not want to complete their respective tasks), the GLI Committee shall consult with the Strategic Growth Council to determine if the uncompleted tasks are critical to other tasks or the project as a whole and determine how, if needed, to complete, adjust or remove them and/or adjust the budget accordingly.

Co-Chairs
Two Co-Chairs shall be elected by a majority vote of the GLI Committee. The term of the CoChair shall be one year. There shall always be at least one Co-Chair representing the community of Guadalupe or Lompoc (City, community-based organization or Community Seat).

The Co-Chairs are the “voice” of the GLI, and unless decided otherwise by the GLI Committee, represent the GLI at meetings, hearings, panels, and other public events. The Co-Chairs shall set the agenda with the COUNTY, convene and lead meetings of the GLI Committee.

At least one Co-Chair shall attend the monthly Collaborative Steering Committee meetings.

Meetings
The GLI Committee shall meet every other month on a fixed calendar schedule determined by the members of the GLI Committee. The annual meeting schedule shall be made available to the public. Meetings will primarily be held virtually via Zoom, unless the Committee determines to hold an in-person meeting. Meeting agendas will be set by the COUNTY and Co-Chairs and published at least 36 hours before the meeting. The COUNTY shall distribute a notice of the agenda and meeting materials to interested parties (signed up to the RCC Collaborative Newsletter) via email.

Meetings shall be open to the public and the participants may comment on any agenda item. The COUNTY shall take meeting minutes to be approved by the GLI Committee in the following meeting. Approved minutes shall be published. All meeting information shall be posted as determined by COUNTY and may be published on a GLI-specific webpage on the Santa Barbara County Regional Climate Collaborative website.

Interpretation & Translation
Meeting materials shall be translated into Spanish. Meetings shall be held in English with Spanish interpretation.

Decision-Making
Decisions shall be made by majority vote of a quorum of attending members.

Subcommittees
Ad hoc Subcommittees allow non-GLI Committee members and residents to engage in region- or topic-specific meetings and activities. Subcommittees may be established by the GLI Committee to address specific communities, topic areas and/or practices. There is no limit to the number of subcommittees, so long as they can be adequately resourced by Subcommittee officers and supported by the COUNTY. Subcommittees shall carry out any or all of the following functions in Guadalupe-Lompoc Initiative Partnership Agreement
11 order to further the Collaborative’s mission and goals, and the Subcommittee’s specific topic area and/or practice:
• Identify specific challenges within the topic area or practice that would be best addressed through a regional collaboration
• Solicit technical assistance & funding
• Conduct in-depth analysis, stakeholder engagement and develop recommendations • Draft, pilot and launch programs, policies and projects • Develop tools and resources
• Make recommendations to the GLI Committee
Establishing a Subcommittee
Subcommittees can be created in two ways.

1. The GLI Committee shall identify and prioritize areas in which to establish Subcommittees.

The GLI Committee shall issue a call for proposals to solicit prospective and existing members to establish and lead the Subcommittee.

2. COUNTY shall create and maintain a Subcommittee proposal form. Any GLI Committee member in good standing may propose the creation of a Subcommittee on a rolling basis.

The proposal should contain the following elements:
• Description of the climate action or adaptation challenge • Explanation or theory as to why the challenge has not been appropriately or adequately addressed
• Specific description of the potential solution, resource, opportunity and value the Subcommittee would provide to addressing the challenge • Suggestions/Nominations for Subcommittee Officers and participants The GLI Committee shall review and consider the Subcommittee proposal during a regularly scheduled meeting or a special meeting. The Proposer shall provide a presentation to the GLI Committee for questions and discussion during the meeting.

The GLI Committee shall approve the creation of a Subcommittee by a simple majority vote.

Subcommittee Membership
Membership to Subcommittees is open to all residents, businesses and organizations that live and/or work in Santa Barbara County. There is no membership limit.

Alternate Representatives
Each Subcommittee Member may designate an alternate representative to participate in Subcommittee meetings.

Officers
For each Subcommittee, there shall be, at minimum, a Chair and a Vice Chair. • Chair – The Chair of the Subcommittee shall set the agenda, convene and lead meetings of the Subcommittee. The Chair shall participate in GLI Committee meetings at least quarterly or as needed to provide regular updates and receive guidance. • Vice Chair – The Vice Chair shall serve in lieu of the Chair when the Chair is unable to perform their duties.

Guadalupe-Lompoc Initiative Partnership Agreement
12 Terms
Each officer of the Subcommittee shall hold their seat for no longer than the term of the Agreement.

Election Process
The officers of the Subcommittee shall be elected by a majority vote of the Subcommittee membership. To be a Chair or Vice Chair, an individual shall be nominated by a fellow member of the Subcommittee or themselves and confirmed by a majority vote of the Subcommittee membership in attendance. Elections will be held on the second-to-last meeting before the end of the term of the current officer. Outgoing officers should use the last meeting of their term to transition the role to the incoming officers.

Meetings
Subcommittees shall meet on a schedule determined by the Chair and Vice Chair. Meetings shall be led by the Chair. The annual meeting schedule shall be made available to the public. The Chair shall set an agenda, with the assistance of the Vice-Chair. Agendas shall be posted by the COUNTY at least 48 hours prior to the meeting date. Meeting minutes shall be taken by COUNTY and made available to the general public in a timely manner, after review by the Chair and Vice Chair. Subcommittee meetings shall be open to the public. All meeting information shall be posted as determined by COUNTY and may be published on a GLI-specific webpage on the Santa Barbara County Regional Climate Collaborative website.

Interpretation & Translation
Meeting materials shall be translated into Spanish. Meetings shall be held in English with Spanish interpretation.

Deliverables
Once approved by the GLI Committee, Subcommittees shall prepare a draft Statement of Purpose to be approved by the GLI Committee. The Statement of Purpose shall include: Problem Statement, Purpose, Functions, Specific and/or Ideal Participants & Stakeholders.

Regional Climate Collaborative Action Plan
Partners will use the beginning of the RCC Grant term to develop a Regional Climate Collaborative Action Plan (Action Plan) that specifies key activities, identifies roles and responsibilities, and establishes timelines. The Action Plan should be informed by an analysis of intended outcomes, capacity building needs, and ways to maximize the impact of activities conducted through the RCC Grant.

The Action Plan should include, at minimum:
• Roles and responsibilities for each Partner in achieving elements of the overall work plan, as described in the Proposal
• Additional detail on activities conducted as part of the RCC Grant term • Evaluation Plans created in consultation with SGC and technical assistance providers • Analysis that identifies the necessary additional inputs, such as data or other resources, to successfully implement and maximize the impact of RCC Grant activities. This may include:

Guadalupe-Lompoc Initiative Partnership Agreement
13 o An analysis used to identify the strengths, barriers, assets, relationships, and resources available to the GLI Committee to accomplish the project work plan, as described in the Proposal
o A review and/or analysis of existing plans, community engagement efforts, and needs assessments to help focus areas for additional engagement o An assessment of local policies to identify opportunities to facilitate implementation of community priorities.

The Action Plan must be developed by the Partners with community participation and using decision-making processes established in the governance structure, as detailed in this Agreement.

The Action Plan should build on the work plan submitted as part of the Proposal and Partnership Agreement components of the RCC Grant application. The Action Plan will serve as a tool to guide project implementation and to hold Partners accountable to one another and the community around activities and outcomes.

Legal and Financial Considerations
The COUNTY will maintain legal and fiscal responsibilities, including managing grant funds in accordance with Strategic Growth Council regulations, policies and guidelines. The COUNTY is responsible for the development and submission of all reports to the California Strategic Growth Council and additional funding agencies, bookkeeping, accounting, and grant compliance services.

Liability Provisions
Each Partner (“Indemnifying Partner”) agrees to indemnify, defend and hold harmless all other Partners and their officers, officials, employees, agents and volunteers from and against any and all claims, actions, losses, damages, judgments and/or liabilities arising out of the negligence or willful misconduct of the Indemnifying Partner under this Agreement. .

Each Partner will perform all of its specified services under this Agreement as an independent contractor and not as COUNTY’s employee or agent. Each Partner understands and acknowledges that it will not be entitled to any of the benefits of a COUNTY employee, including, but not limited to, vacation, sick leave, administrative leave, health insurance, disability insurance, retirement, unemployment insurance, workers' compensation and protection of tenure. Each Partner warrants that it is authorized by law to perform all work contemplated in this Agreement, and each Partner agrees to submit, upon request, verification of licensure or registration, or other applicable evidence of official sanction.

Dispute Resolution
Partners shall make reasonable efforts to resolve all disputes arising out of or in connection with this Agreement. Before exercising any other remedy provided by law, Partners involved shall engage in nonbinding mediation or arbitration in the manner agreed upon by the Partners involved. The Partners involved shall endeavor to agree to a neutral third party to serve as a mediator or arbiter. The Partners involved and mediator shall endeavor to reach a mutually agreed upon resolution.

Guadalupe-Lompoc Initiative Partnership Agreement
14 In the event that nonbinding mediation or arbitration is not initiated or does not result in the resolution of a dispute within 60 days after the request for mediation or arbitration is made, any Partner involved may pursue any other remedies provided by law.

Financial Relationships
Each Partner agrees to provide services and deliverables according to the attached Statement of Work to COUNTY, and COUNTY agrees to pay each Partner according to the attached Budget (Appendix IV). All work is to be performed under the direction of the COUNTY’s primary contact.

Payment will be subject to satisfactory performance as determined by the COUNTY’s primary contact.

Payment
Each Partner will be entitled to reimbursement for only costs incurred for the services specifically identified in the Statement of Work and Budget. Each Partner must submit invoice(s), which must include the contract number COUNTY assigns, to the Bill-To address on the Contract form, following completion of the increments identified in the Statement of Work. COUNTY will pay each Partner within thirty (30) days from presentation of invoice with supporting documentation.

Advance Payment
Strategic Growth Council may provide advanced payments to reduce barriers and ensure RCC activities are initiated in a timely manner. Advance payments can be up to 25 percent of the total grant award, which can be provided in one payment or spread across a series of smaller installments and is to be determined in the Grant Agreement.

To receive advance pay, each Partner must do the following:
● Demonstrate good standing with the IRS
● Provide its work plan
● Provide a spending plan
● Sign an agreement that it will:
○ Revert all unused moneys to the State if they are not liquidated within the timeline specified in the grant agreement or in the case of non-compliance/misuse of funds ○ Communicate and document changes to spending plan
● Before payment
○ Complete an advance payment request form that includes itemized budget for the period of the grant the costs will cover
○ Provide a spending timeline including anticipated spend down over a set period of time
● After prior advance pay is expended, the Partner will provide a progress report that includes:
○ A high-level summary of work completed
○ Itemized Receipts
○ Invoice for grant activities that were not covered by the advance payment (if applicable)
○ Its next advance payment request form (if applicable) Audit and Record Retention
All records, physical and electronic, must be adequately protected from loss, damage, or destruction for possible audit(s). All Partners must maintain copies of project records four (4) Guadalupe-Lompoc Initiative Partnership Agreement
15 years after all terms of the Grant Agreement are fulfilled unless a longer period of records retention is required.

Procurement
Any procurement on behalf of the Collaborative shall be conducted in accordance with the COUNTY’s procurement procedures and requirements. The GLI Committee, and its designees, shall have the ability to provide to the COUNTY support and recommendations regarding scope of services and deliverables, evaluation criteria, solicitation and selection, but such recommendations shall not control, limit, or impair the sole and absolute discretion of COUNTY.

Any procurement conducted by an individual Partner for a purpose of RCC Grant implementation should be conducted in accordance within its respective procedures and requirements. The GLI Committee, and its designees, may provide to the Partner direction, support and recommendations regarding scope of services and deliverables, evaluation criteria, solicitation and selection.

Equal Opportunity & Non-Discrimination
The COUNTY and Partners are committed to equal employment opportunity and to ensuring that all employees have a work environment that is free of conduct that could be considered discriminatory or harassing based on an employee’s protected status. The COUNTY and Partners will not allow anyone, including any supervisor, co-worker, vendor, client, or customer, to unlawfully harass or discriminate against employees or applicants for employment. The COUNTY will take prompt and effective remedial action upon discovery of such conduct. The County’s Unlawful Discrimination Ordinance (Article XIII of Chapter 2 of the Santa Barbara County Code) applies to this Agreement and is incorporated into the Agreement by this reference with the same force and effect as if the ordinance were specifically set out herein, and Partners agree to comply with that ordinance.

Guadalupe-Lompoc Initiative Partnership Agreement
16 Signatures
IN WITNESS WHEREOF, the Partners hereto have caused this agreement to be executed by their duly authorized representatives as of October __, 2022.

COUNTY OF SANTA BARBARA
ATTEST:

MONA MIYASATO

CLERK OF THE BOARD
By: ______________________________
Deputy Clerk
By:__________________________

JOAN HARTMANN
Chair, Board of Supervisors
APPROVED AS TO FORM:

RACHEL VAN MULLEM

COUNTY COUNSEL
By: ______________________________
Deputy County Counsel
By: ____________________________

GEORGE CHAPJIAN
Director, Community Services
APPROVED AS TO FORM:

GREG MILLIGAN

RISK MANAGEMENT
By: _____________________________
Risk Manager
Guadalupe-Lompoc Initiative Partnership Agreement
17 _____________________________
Todd Bodem, City Administrator
City of Guadalupe
_____________________________
Date
_____________________________
Dean Albro, City Manager
City of Lompoc
_____________________________
Date
__________________________
Thomas Brandeberry, Executive Director
Los Amigos de Guadalupe
_____________________________
Date
_____________________________
MaryEllen Rehse, Executive Director
Children and Family Resource Services in
Partnership with the Santa Barbara County
Education Office on behalf of the Santa
Barbara County Promotores Network
_____________________________
Date
_____________________________
Robert Mazurek, Executive Director
California Marine Sanctuary Foundation on
behalf of Central Coast Climate Collaborative
(4C)
_____________________________
Date
_____________________________
Ana Rosa Rizo-Centino, Executive Director
_____________________________
Date
Guadalupe-Lompoc Initiative Partnership Agreement
18 Santa Paula Latino Town Hall, Inc., on behalf
of the Central Coast Climate Justice Network
(CCCJN)
_____________________________
Anna Olsen, Executive Director
Cachuma Resource Conservation District on
behalf of Wildfire Regional Collaborative
(WRC)
_____________________________
Date
_____________________________
Sigrid Wright, Chief Executive Officer
Community Environmental Council (CEC)
_____________________________
Date
_____________________________
Marcos Vargas, Executive Director
Fund for Santa Barbara
_____________________________
Date
_____________________________
Erika Weber, Executive Director
Guadalupe-Nipomo Dunes Center
_____________________________
Date
Guadalupe-Lompoc Initiative Partnership Agreement
19 Appendices
I. Project Area Map
II. Proposal
III. Work Plan
IV. Budget
V. Organizational Structure
VI. Contacts
VII. Santa Barbara County Regional Climate Collaborative By Laws

Agenda Item No. 7J

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of October 11, 2022
_______________________________
Prepared by:

Todd Bodem, City Administrator
SUBJECT: Consider entering into a new agreement with Mr. William (Bill) Scott for independent contractor planning services.

RECOMMENDATION:

It is recommended the Council adopt Resolution No. 2022-89 authorizing the City to enter into a new Agreement for Planning Services with Mr. William (Bill) Scott.

BACKGROUND/DISCUSSION:

On September 22, 2020, and again on October 26, 2021, the City entered into an agreement with Mr.

William (Bill) Scott, a retired former Planner II with the City of San Jose and former Senior Planner for the City of Santa Maria who has now worked for the City of Guadalupe a little over two (2) year as a parttime independent contractor at the hourly rate of $75 (2020) and $80 (2021) per hour, respectfully.

Since the current agreement with Bill Scott expires on October 26, 2021, the City Council must consider renewing the agreement. To assist in the Planning Department, Mr. Scott is willing to enter a contract through October 11, 2023. Mr. Scott is a very experienced planning professional with several years of experience in the profession and has done a phenomenal job these past couple years ensuring that the City receives quality planning services. His primary responsibilities included taking over all Pasadera related items from Mr. Larry Appel and processing of applications for accessory dwelling units (ADU’s).

This freed up Mr. Appel’s time to work on other long-range planning efforts like updating the General Plan and the Zoning Ordinances. Mr. Scott has been instrumental for the implementation and oversight of the cannabis business entitlements, too.

Attached for Council consideration is the proposed agreement with Mr. Scott (see Attachment No. 2).

The proposed agreement is essentially identical to the current agreement, except for a proposed negotiated hourly rate increase from $80 per hour to $85 per hour commencing on October 11, 2022, through October 11, 2023. In staff’s opinion, it is in the City’s best interest to continue with Mr. Scott based on his experience.

Options Available to the Council

1. The Council could approve the agreement as recommended;

2. The Council could direct that changes be made to the agreement; or

3. The Council could decide not to enter into the agreement.

If the City Council chooses the first option above, the new agreement will be effective on October 11, 2022, for a one-year term through October 11, 2023.

FISCAL IMPACT:

Although Mr. Scott’s new agreement calls for an hourly rate of $85.00, the City will continue to see a reduction to the City’s General Fund for planning related services from years past. It should be noted that a significant portion of the charges for services noted in the contract would be offset by the planning fees the City collects.

ATTACHMENTS

1. Resolution No. 2022-89 “A Resolution of the City Council of the City of Guadalupe authorizing the City to enter into an agreement with William (Bill) Scott, for Independent Contractor Planning Services”.

2. Standard Consultant Agreement between the City of Guadalupe and William (Bill) Scott

RESOLUTION NO. 2022-89

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE AUTHORIZING THE CITY TO ENTER

INTO AN AGREEMENT WITH WILLIAM (BILL) SCOTT FOR INDEPENDENT CONTRACTOR PLANNING

SERVICES
WHEREAS, the City of Guadalupe is still in need of supplemental professional planning services; and WHEREAS, on September 22, 2020, and on October 26, 2021, the City entered a contract with Mr. William (Bill) Scott, a retired former Planner for the City of Santa Maria who has worked for the City of Guadalupe a little over two (2) year as a part-time independent contractor at an hourly rate of $75 (2020) and $80 (2021) per hour, respectfully; and
WHEREAS, Mr. William (Bill) Scott provides supplemental planning services for the City including matters related to the Pasadera project, processing applications for accessory dwelling units and other ministerial permit applications which frees up Contract Planning Director Mr. Larry Appel of Integrity Planning to work on more long-range planning efforts including updating the General Plan and the Zoning Ordinance; and WHEREAS, Mr. William (Bill) Scott confirmed his interest to continue providing supplemental planning services for the City of Guadalupe at a negotiated newly hourly rate of $85.00 per hour at approximately 15-20 hours per week commencing on October 11, 2022 through October 11, 2023, which agreement is attached to the staff report for this item as Attachment 2.

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

SECTION 1. The Agreement for Consulting Services between the City of Guadalupe and Mr. William (Bill) Scott, attached to the staff report for this item as Attachment 2, and incorporated in this resolution, is hereby approved.

SECTION 2. The Mayor is authorized to sign the Agreement with William (Bill) Scott on behalf of the City.

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 11th day of October 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 Resolution No. 2022-89 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held October 11, 2022 and that same was approved and adopted.

ATTEST:
_____________________________ ________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
_________________________________
Phillip F. Sinco, City Attorney
City Atty Rev 8/21 1

AGREEMENT FOR CONSULTANT SERVICES

BETWEEN

THE CITY OF GUADALUPE
AND

WILLIAM (BILL) SCOTT
THIS AGREEMENT FOR CONSULTANT SERVICES (the "Agreement") is made and entered into this 11th day of October 2022, by and between the CITY OF GUADALUPE, a municipal corporation ("City") and WILLIAM (BILL) SCOTT, a California ("Consultant").

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; City Atty Rev 8/21 9
• Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.

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

City Atty Rev 8/21 11
(13) Additional Insurance: Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

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

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

Section 19. Termination of Agreement.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days' written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement at any time upon thirty (30) days' written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant's possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 4 of this Agreement.

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

City Atty Rev 8/21 12
Section 20. Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default and may terminate this Agreement immediately by written notice to Consultant.

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

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

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

To City: City Administrator
City of Guadalupe
918 Obispo Street
Guadalupe, CA 93434
To Consultant: William (Bill) Scott
733 Laguna Avenue
Santa Maria, CA 93454
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

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

City Atty Rev 8/21 13
Section 25. Binding Effect. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.

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

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

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

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

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

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

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

City Atty Rev 8/21 14
Section 32. Preparation of Agreement. This Agreement is the product of negotiation and preparation by and among the parties and their respective attorneys. The parties, therefore, expressly acknowledge and agree that this Agreement shall not be deemed prepared or drafted by one party or another, or any party's attorney, and will be construed accordingly.

CITY: CONSULTANT:

CITY OF GUADALUPE WILLIAM (BILL) SCOTT
By:______________________________ By:_________________________________ Ariston Julian, Mayor William (Bill) Scott

APPROVED AS TO FORM:

__________________________________
Phillip F. Sinco, City Attorney
City Atty Rev 8/21 15
ATTACHMENT A – Scope Service
Consultant will provide City with planning services like a fully trained planner, working in conjunction with the Contract Planning Director. Supervision of the Consultant will be through the City Administrator. Consultant will not maintain an office at the City as Consultant is an Independent Contractor and will maintain his own office, but Consultant will provide ministerial and discretionary planning services as needed to process Zoning Clearance applications, prepare California Environmental Quality Act (CEQA) documents, Categorical and General Exemptions as needed for privately submitted projects, or City projects. Consultant shall attend meetings and hearings, at the request of the City Administrator, as needed to perform the job of contract planner and communicate with staff and the public through electronic mail and telephonically. In general, the Consultant will not exceed 15-20 hours per week, unless working on a discretionary project (applicant reimbursable) or as otherwise requested by the City Administrator.

City Atty Rev 8/21 16
ATTACHMENT B – COMPENSATION
Contract Planner shall be compensated at the rate of Eighty-Five ($85.00) Dollars per hours.

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

MINISTERIAL PROJECTS
Zoning Clearances Approved 2
Zoning Clearances Denied 0
Zoning Verification Letters 0
Business Licenses Approved 4
Business Licenses Denied 0
ADUs approved 1

DISCRETIONARY PROJECTS
The following projects are in for Planning Department review and have been worked on during July:
 General Plan Update – Draft Mitigated ND public review ended on 9-23-22 with only comment letter from Caltrans. Final approval hearing is set for November 22nd.  202-070-PA – Gym/Fitness determination approved by Council on September 27, 2022 
 2022-016-GPZ Snowy Plover map and design review remain Incomplete  2022-027-CUP/2022-030-DR - Conditional Use Permit for Patrick Kimbell to allow 24 affordable apartments in a Street. Complete August 28, 2022.
 2022-034-CUP - Conditional Use Permit for Central Coast Processing, LLC to allow processing, bulk packaging, and transportation of cannabis at 151 Obispo Street. Application under review. . Tentatively scheduled to Council for October 25th.
 2022-037-CUP - Conditional Use Permit for Hwy - 1 General Auto Repair, to allow auto repair shop at 333 Guadalupe Street. Council hearing set for October 11th.  2022-037-CUP - Conditional Use Permit for Hwy - 1 General Auto Repair, to legalize auto repair shop at 333 Guadalupe Street. Application Deemed Complete July 6, 2022.  2022-056-DR – Eight unit apartment project. Submitted July 7, 2022 – INC letter 8-7-22.  2022-063-LM - Mahoney Lot Merger - Submitted August 11, 2022 –INC 9-11-22.  2022-065-LLA - La Guardia Townhomes lot line adjustment Submitted August 22,- INC 9-1--22

Agenda Item No. 7K 1.

Ministerial Permit Report– September 2022
(Reported 10-1-2022)
Zoning Clearance Approvals
2022-070-ZC Hernandez Front Paving 137 Pelican
2022-073-ZC Maxon Yoshiko Solar Addition 722 Guadalupe Street ADU Approvals
2022-057-ZC Jose Baez ADU 4923 Point Sal Circle
Business License Approvals
Logan Minnoch Online Travel 4357 Guerrero
Roxy’s Closet used clothing with onsite &online sales 4574 Castillo Carlito’s Mobil Auto Detailing vehicle detailing 4420 Hacienda Guerrero Photo digital photography 4806 Carlin
Business License Denials
None
Guadalupe City Planning Department
Planning Processing Summary for September 2022
(10-1-22 update)
Case No. Name Submittal
Date
Comp. Date Status OK for Bldg.

Permit Issuance
2021-099-TTP $$ DJ Farms South
Tract map
Sept 2021 Complete
7-27-2022
CC hearing, Approved September 13th. Next
step is map recordation.

NO
2020-101-LLA $$ Almaguer LLA/GPZ Oct 2020 Complete LAFCO approved August 11th Surveyor is reviewing the LLA
NO
N/A
$$ thru SB2 grant
General Plan Update 2019 City
Council
authorization
N/A Mitigated ND public comment closed
September 23. Final public hearing set for
November 22nd.

N/A
2022-063-LM - -
Submitted -
Mahoney Lot Merger August 11,
2022
INC 9-11-22 Incomplete Application Letter sent on September 11, 2022.

NO
2022-065-LLA - La
Guardia
La Guardia
Townhomes lot line
adjustment
August 22,
2022- under
review.

INC 9-19-22 INC Letter sent on September 19, 2022. NO
2022-016-GPZ
2022-017-DR
2022-018-VTTM
Snowy Plover 3-10-22 Incomplete 4-
09-22
Project remains Incomplete for processing. NO
2022-037-CUP General Auto Repair March 2022 Compete
7-6-22
Set for October 11 CC public hearing. NO
2022-027-CUP
2022-030-DR
Kimbell Apartments COMP
8-28-22
Deemed complete August 28, 2022 NO
2022-034-CUP Central Coast
Processing
INC May 18 Tentatively scheduled to Council for October 25th
NO
2022-056-DR
2022-066-CUP
Pioneer Street Apts.

Design Review &
CUP
July 7, 2022 INC 8-7-22 Incomplete Application Letter sent on August 7, 2022.

NO
2022-070-PA Gym/fitness use
determination in
G-C zone district
Sept 14, 2022 N/A Determination approved by Council on
September 27, 2022
YES
2022-048-CUP Element 7 Retail
cannabis dispensary
INC 9-17-22 INC Letter sent of September 17, 2022. NO
No$ = unreimbursed planning work
$ = projects where a fixed fee has been paid
$$ = projects where a variable fee / deposit is made and the applicant is billed for time beyond the initial deposit // 10-1-22
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CITY OF GUADALUPE ..

BUILDING DEPARTMENT- .
+
STAT�S REPORT
MONTH: September 2022
This Month
Visitors 47
Inspections 127
Building
Permits 20
Issued
Certificate
of
Occupancy
· Last Month
33 ..
293
·09
7 . -··
Year to Date
295
3··266 '
205
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Last Year
131
1,987
223
35 VISITORS: Permits, Planning application sub�ittals, submitted plan .· updates, general information
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Agenda Item No. 7K 2
Building Inspections Log - September 2022

1 Public Works/Engineering Report
September 2022
Development
Pasadera
On September 8, City staff sent a letter to the title company releasing the final bond payment for Tract 29,060 (Lot 5N).

On September 23, staff reviewed and commented on the Flower Street waterline public improvement plans.

Escalante Meadows
On September 8, staff submitted the disbursement schedule and other requested paperwork associated with the Affordable Housing and Sustainable Communities grant that was awarded to the development and the City. The City’s portion of this grant includes $7,166,050 to fund the following items:
• 1.69 miles of context-sensitive Class II bikeways along Obispo Street. • 2,800 feet of a Class I multipurpose trail along 11th St. • 600 feet of a Class I multipurpose trail under Highway 1 along Santa Maria River in conjunction with the Caltrans Santa Maria River Bridge project. • Curb ramps and crosswalks at the intersection of 9th St. and Obispo St. • Purchase of one electric bus and one year of operation of this vehicle. • Purchase of 40 battery electric vans for use by Calvans to provide vanpool service.
• A publicly accessible bathroom and two publicly accessible charging stations for electric vehicles at the Amtrak station.
• Charging station for the electric bus.
• A bus shelter at Escalante Meadows.

These projects were identified specifically for their value in meeting the grant requirements and to ensure that we score highly on this very competitive grant program.

As a result of this very strategic project list, this grant was successful in scoring highest in our category.

Agenda Item No. 7K 3
2 Other
On September 21, staff received a quote for $1,500 to perform an appraisal for the properties on Pioneer Street south of Second Street, for the purpose of negotiating sale to the adjacent property owners.

On September 23, staff reviewed plans for 859 Guadalupe Street. No Public Works conditions were identified as needed.

Facilities
City Hall
On September 8, Triton, a subconsultant of Santa Barbara County came onsite to evaluate our cable communications. They determined that our cable has been nonfunctioning for some time. City and County staff discussed options. The cable company will charge a significant amount to upgrade the cable from analog-to-digital and will charge a monthly fee for this service. Staff asked the City Attorney if we have an obligation to broadcast public meetings. The City Attorney researched the issue and determined that no we have no obligation to broadcast. For those who wish to view meetings offsite or at a later date, meetings are now available for viewing on the City’s YouTube channel.

On September 20, staff issued a request for quote for painting the main hall and exterior of City Hall.

On September 21, staff was informed by PG&E that the new electrical service to the police department is scheduled begin installation on December 28.

On September 26, staff met with Ashley & Vance to discuss next steps in repairing the City Hall roof.

General
Special projects
Public Works staff worked on several special projects requested by others along with normal tasks of emptying streets trash cans twice a week, daily street inspection, bulky trash pickup, and weekly cleaning of the pedestrian bridge in the month of September including:

• September 2: Assist water department in removing dirt left over in Street from a hit fire hydrant at Obispo and fourth Street.
3 • September 5: Set up air-conditioning unit in Public Works Director’s office in advance of heatwave.
• September 6: Observe demonstration by Sharpline Solutions on chip seal product for use on addressing sidewalk concrete failure. • September 7: Assist Recreation and Facilities division with any new drapes in City Hall auditorium.
• September 8: Place street signs for traffic control plan associated with September 11 Fiestas Patrias Parade. Set up no parking signs along Guadalupe sign and temporary bus stop at 10th and Peralta for event. Remove dead skunk from roadway in front of Kermit McKenzie school. • September 9: Clean Guadalupe Street and Amtrak Station in preparation for September 11 event. Remove two dead cats from roadway.
• September 12: Remove all street signs, barricades, and temporary bus stop related to September 11 event.
• September 14: Assist Recreation and Facilities division by coordinating access to facilities by pest control vendor. Corporation yard cleanup and landfill run, including disposal of glass display case from City Hall main hallway. • September 15: Remove weeds in the vicinity of bus shelter on W. Main St. at Montez Court. Evaluate alternative locations for this bus shelter. Purchase signs to replace missing street name signs at various locations in town. Check status of sewer line upstream of Gularte Lift Station.
• September 19: Check City for impacts from rainstorm. City received just over 1 inch of rain in about 24 hours. Storm drain system functioned well. • September 20: Verify functionality of storm drain line off Gularte Street. • September 22: Check irrigation system at Pasadera Park • September 23: Coordinate county inspection of old landfill. Weed eat several areas in town. Replace three street signs.
• September 26: Assist Recreation and Facilities division with repair of a urinal at the Senior Center. Assist wastewater with traffic control on Highway 1 for access to manholes for state sewer collections inspection. Assist water with clean up after a hit hydrant at 11th and Olivera over the weekend. • September 27: Assist Recreation and Facilities division with meeting at Le Roy Park, fix backhoe flat tire, clean up 303 Obispo, fill dirt holes on Obispo Street. • September 28: Deconstruct wall in Public Works, install keypad for access to storage room to facilitate deliveries to Public Works.
• September 29: Discard materials in Public Works, assist electrician with PD electrical.
• September 30: continue site cleanup at 303 Obispo
4 The Public Works Director participated in the following meetings in September:
• September 1: Joint Technical Advisory Committee and Technical Advisory Committee for Santa Barbara County Association of Governments (SBCAG). • September 6: demonstration of sidewalk repair product. Meeting with fiduciary agent to discuss potential options for bonding City Hall structural repairs, meeting with Highway 1 Lift Station design engineer to discuss the Caltrans encroachment permit comments.
• September 7: underground infiltration chambers workshop, Santa Barbara Transit Advisory Committee, 2020 communitywide greenhouse gas summary. • September 8: City/County audiovisual assessment, Central Park rehabilitation project budget review.
• September 9: transit discussion with Caltrans.
• September 15: Calvans meeting to discuss grant funding for new vans. • September 20: meeting with PG&E account manager to discuss Police Department service upgrade, 303 Obispo service upgrade, and wastewater treatment plant aerator project.
• September 22: Central Coast Water Authority board meeting. • September 23: meeting with Central Park rehabilitation project design consultant to discuss public outreach, Highway 1 ADA project meeting with Caltrans. • September 26: sewer collections field inspection by the State Water Resources Control Board.
• September 27: regional water efficiency program meeting. • September 28: meeting with CDBG grant manager for CV project • September 29: meeting with structural engineers to discuss next steps for the City Hall roof project.
• September 30: Water Shortage Contingency Plan template input workshop for small water systems.

Other
A complementary community wide greenhouse gas inventory for the year 2020 was prepared by the Association of Monterey Bay Area Governments (AMBAG) and funded through Central Coast Community Energy (3CE). A summary of the results is attached to this report. This is the last year that the City will be receiving this information free of charge. This information will be valuable in the preparation of our Climate Action Plan. 5 Parks
Central Park
Staff worked with the design consultant for the Central Park Renovation project on several items in the month of September, including the overall budget, project schedule, water bill insert, Art in the Park, and a public input survey. A public meeting is scheduled for October

13. This event was advertised in a water bill insert is placed in the water bills that went out the first week in October.

Solid Waste
SB 1383
The City received $20,820 in grant funding for the purchase of kitchen pails to facilitate residential kitchen organics recycling. A water bill insert on this topic was included in the September billing. Anyone interested receiving a free kitchen organic waste collection pail, first-come first-served and one per household, may come to the Planning Office during business hours to receive one. These pails continue to be available. Pails were also distributed at the event following the Fiestas Patrias parade.

Streets
Street Rehabilitation
Bids for this project were opened on September 22, and contract award is scheduled for October 11.

Transit
EV buses
The California's Hybrid and Zero-Emission Truck and Bus Voucher Incentive Project (HVIP) program voucher application was successfully submitted on September 7.

Service Changes
Throughout September, City staff was regularly in contact with our contract service provider SMOOTH to answer questions, resolve issues, and obtain a general opinion of the impacts of the service changes that went into effect on July 1.

In advance of the heat wave, City staff worked with SMOOTH and public safety to establish a policy that if a cooling center were opened in Guadalupe, that transit rights to the cooling center would be available free of charge to residents who needed transportation to this facility.
6 Water
West Main Street Water Line Project
Fire hydrant flow testing from the Fire Department demonstrated adequate residential fire flows after the replacement of the 4-inch water line to 12-inch from Guadalupe Street to Pioneer Street, precluding the need to replace the water line on Tognazzini Street, a savings of $384,000. A small project remains to connect the water main on West Main at Pioneer Street to the water line feeding the east end of the school. Staff was unaware of this connection until it was unearthed during construction. To facilitate project completion, staff decided to put off this connection until after that main project was complete. Staff obtained three quotes for this work ranging from $15,800 to $19,092. This work will be paid for with funds remaining from the W. Main St. Waterline Replacement capital Project and is tentatively scheduled for November 21
Distribution
On September 19, dry barrel fire hydrants on Hernandez, Camp, and Sanchez were replaced with our standard wet barrel hydrant.

On September 2, a hydrant was hit at the intersection of Obispo Street and 4th Street.

Because this hydrant has been hit numerous times in the past, at a minimum loss of 25,000 gallons of water each time it is hit, City staff repaired the hydrant this time with a check valve to protect against future water loss. Now, if this hydrant is hit, water will only dribble out, rather than shoot out at full volume and pressure.

Staff solicited three quotes for the purchase of a valve exercising machine to facilitate valve maintenance. The City’s water system has approximately 603 valves. Regular exercising of valves helps to keep them operational, identify failed valves, and help ensure that hydrant valves are open as needed to keep hydrants functional. A valve machine reduces the time needed to complete this work and reduces the potential for staff injuries. Quotes ranging from $11,364.38 to $34,315.00. City staff will be proceeding with the purchase of the most cost-effective product. Funds for this purchase were budgeted in the water operating account equipment replacement line item.

On September 26, Staff repaired a hydrant at 11th and Olivera that was hit over the weekend. This hydrant was placed back in service on September 30.

Wastewater
Regulatory
No overflows occurred in September 2022.

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

On September 26, city staff participated in a sewer collection system inspection by four State Water Resources Control Board staff and two Regional Water Quality Control Board 7 staff to validate the City of Guadalupe’s compliance with the Waste Discharge Requirements for sanitary sewer systems, WDR order number 2006-003-DWQ.

Effluent Pump Station Rehabilitation
This project involves the rehabilitation of the effluent pump station at the wastewater treatment plant. It is partially funded through an Integrated Regional Water Management Program (IRWMP) grant. PG&E finally indicated approval of the switchgear on July 5.

The Contractor sent the fabrication drawings for the switchgear to the manufacturer, who indicated delivery of switchgear by early December. The City issued an amendment extending the construction contract to December 31, 2022. The contractor began onsite work of September 19 by installing the new pumps in the wet well.

Highway 1 Lift Station Rehabilitation
The design engineer made plan changes and City staff submitted a letter of response and revised drawings to Caltrans on July 29 for an encroachment permit for this project. The City received a second comment letter from Caltrans on September 1. Response is due back by October 5.
8 Project
# Account # 2022-23 TOTAL
2022-23 Spent/
Encumbered September 2022 Update
100 Buildings089-104 89-4444-3044 155,127 $
089-105 89-4444-3045 40,840 $ 089-106 89-4444-3077 90,000 $ 089-107 89-4444-3076 70,000 $ 089-108 89-4444-3075 170,000 $ 26,527 $ PG&E design underway 089-109 New Royal Theatre 5,459,320 $
089-110 New Library Relocation 30,000 $
089-111 New City Hall Restroom Redesign 154,000 $ 089-112 New 400,000 $ 70,495 $ Building assessment complete. 200 Parks
089-201 New 4,882,054 $ 611,887 $ Design awarded. Kickoff meeting August 25. 089-204 New CDBG (Leroy Phase 2) 1,700,000 $
300 Streets, Sidewalks, Bicycle Facilities
089-307 89-4444-3067 200,000 $
089-308 89-4444-3068 1,700,000 $ 119,244 $ Design complete. Notice of Award Oct 2022 089-309 89-4444-3097 100,000 $ Design complete. Notice of Award Oct 2022 089-310 New 293,809 $ Developer to address089-311 89-4444-3092 60,000 $ 400 Water 089-406 89-4444-3093 95,000 $ 089-407 89-4444-3094 200,000 $ 089-408 89-4444-3095 50,000 $ 089-409 89-4444-3096 450,000 $ 362,655 $ Completed 8/9/22 089-410 New 40,000 $ 500 Wastewater
089-503 89-4444-3083 522,821 $ 516,180 $ Construction tentatively scheduled for December 2022 089-504 89-4444-3084 1,200,000 $ Design complete. Waiting for CalTrans encroacment permit. 089-510 89-4444-3090 90,000 $ 600 Transit
089-603 New 1,700,000 $ 1,049,978 $ $1,049,977.50 P.O. issued 8/22/22 089-602 New 494,000 $
Transfer to CIP fund 089: 20,346,971 $ 2,756,966 $
Completed

PROJECT DESCRIPTIONS
Financial Accounting Software
City of Guadalupe
Capital Improvement Projects Budget - Fiscal Year 22-23 General Plan UpdatePublic Facilities Master Plan (w/ parks & library)American Legion wood repairBuilding improvements (PD Electrical, misc)City Hall Upgrades (roof & assoc. building repairs)CDBG (Central Park)11th st multimodal path designStreet Rehabilitation FY 22/23Sidewalk repairsLa Guardia SidewalkStorm Drain ImprovementsElevated Tank Repairs/Evaluate Antenna RevenueAdvanced Metering Infrastructure Phase 1SCADA ImprovementsWest Main WaterlineBonita Tank DemolitionEffluent Irrigation Pump Station RehabilitationHwy 1 Lift StationAIPS vaultEV Bus and chargingAmtrak Tran Station Rehab (design) 9 Community CO2e Emissions by Sector Residential Commercial / Industrial Transportation Solid Waste Wastewater Total 2005 5,661 6,464 20,274 2,474 112 34,985
2018 4,331 2,665 20,688 1,516 51 29,251
2019 3,758 661 21,043 1,302 134 26,897
2020 4,703 2,097 19,151 1,397 137 27,484
% change 2005- 2020 -17% -68% -6% -44% 22% -21%
Commercial / Industrial Residential Residential Commercial / Industrial 506 4,125 579 1,591
City of Guadalupe 2005-2020 Community-wide GHG emissions Energy Use GHG Emissions Summary table
Natural Gas Use: Electricity Use:
5,661
4,331
3,758
4,703
6,464
2,665
661
2,097
20,274
20,688
21,043
19,151
2,474
1,516
1,302
1,397
112
51 134
137
- 5,000 10,000 15,000 20,000 25,000 30,000 35,000 40,000 200520182019
2020
CO2e emissions in metric tons
City of Guadalupe 2005 to 2020 GHG Emissions by Sector
ResidentialCommercial / IndustrialTransportationSolid WasteWastewater Residential

17.1%
Commercial
/ Industrial

7.6%
Transportation

69.7%
Solid Waste

5.1%
Wastewater

0.5%
City of Guadalupe 2020 GHG Emissions by Sector
Natural Gas Use:

Commercial
/ Industrial
7%
Natural Gas Use:

Residential
61%
Electricity Use:

Residential

8.5%
Electricity Use:

Commercial
/ Industrial
23%
City of Guadalupe 2020 Energy Use GHG Emissions

20.6 % of Total Emissions
MAYOR’S REPORT
October 11, 2022
(Information below may be subject to change)

1. Tyler Financial Software Status
According to the Finance Director, Lorena Zarate, the implementation of the new accounting software, Incode with Tyler Technologies, is underway. Currently, the finance staff is testing the utility billing module and configuring the financial module. The Go-Live date for utility billing is set for end of November and the other modules will proceed subsequently based on a timeline. Staff is scheduling trainings now and the Test environment is being deployed to the workstations.

2. Senator Monique Limon. October 6 Tour of Projects funded by Grants Senator's Monique Limon/others met with community stakeholders in Guadalupe on October 6, from 10 a.m. to approximately 2 p.m. Several joined as we celebrated the $8M the Senator was able to secure for Guadalupe in this year’s State Budget. $3M – Housing of Santa Barbara County’s Escalante Meadows Community Center. $5M City of Guadalupe’s Royal Theater.

The agenda was:
• Los Amigo de Guadalupe Speaker
• EDA Representative, Asia King Speaker
• Mayor Julian (speaking and then introduced Senator Limon) • Senator Limon Speaker
The Big Ceremonial check was provided.

3. Los Amigos de Guadalupe New Hires
Los Amigos de Guadalupe (LADG) hired a new employee. Tiffany Gonzales will be working full time as LADG’s Community Development Coordinator. She will start next month. Also, Alejandra Mahoney is the new LADG Director who replaced Tom Brandeberry. Tom informs us that he will be available for special assignments.

4. City Needs Assessment/Grant Writing Round Table Committee On September 30th, the Mayor and City Administrator met with LADG about its future relationship with the city. It was determined that a collective group of city staff, local nonprofits and area agencies meet regularly to discuss community needs and grant possibilities.

It may be a monthly or Quartey meeting. First meeting TBD.

Agenda Item No. 10

5. Guadalupe Cannabis Scope (NEW Services)
The City Administrator accepted a new proposal for cannabis management services for the City of Guadalupe. The scope of services for HdL is to conduct a cost-recovery fee study, assist the city with developing benefits agreements, and to conduct pre-license site visits, regulatory compliance inspections and annual revenue audits. The proposal also includes additional hours of general subject matter expertise to be used as needed by the city. The city is interested in offsetting all costs charged by HdL (i.e., development of CBA’s, pre-license site visits, annual revenue audits, compliance inspections, etc.) directly from fees charged to cannabis businesses. The City will incur no upfront or post costs, fees will be paid for by the applicant (s).

6. 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.

7. Housing Element Cycle 6 – Cal Poly
Professor Cornelius Nuworsoo, Ph.D. AICP from Cal Poly 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 city needs to complete the Housing Element (Cycle 6). Professor Nuworsoo has provided a scope of work proposal, but it needs to be amended to include Spanish translation and publishing costs, so it will be about 5% over $50,000. The Contract Planning Director and City Administrator will probably bring this item to a near future city council meeting for consideration. Without a completed Housing Element, the city will not qualify for several grants we all benefit from i.e., REAP, LEAP, CDBG, etc. Leverage a little to gain a lot.

According to the Association of Monterey Bay Area of Governments (AMBAG), the REAP representative, there was $70k unspent in REAP 1 funds. The City can amend its contract to redirect the REAP funds to pay for the Housing Element. This is staff’s recommendation.

8. Breaking Through: The Story of Francisco Jimenez – Film Detail In the previous Mayor’s report, it was mentioned that parts of the “Breaking Through” movie will be filmed at city hall.

Film Details: MRPRODUCTIONS will film in the offices of Recreation and Parks and EOC on Saturday October 15th. MRPRODUCTIONS will reimburse the city for city staff time used. The Chief will use both (PD staff – Explorers, Engineer, Interns) to work a movie (film) detail. The movie crew wants to move furniture in the EOC, and City staff will be present to ensure the electronic wiring is disconnected and not destroyed. The Movie crew also want to paint the EOC room to their film color and repaint to its original color. PD will also block off traffic on 900 Obispo for a short time to complete a shoot and cordon off 4400 9th Street, past the Fire Department driveway, for their production vehicle parking. They will also need access to the police parking lot to stage lighting from the outside of the EOC. A film permit has been submitted.

Schedule, Friday thru Sunday, October 14 (clear rooms), 15 (filming), 16 (room restoration).

Public Safety staff, Recreation and Parks Manager and the City Administrator will be on site at different times during those three (3) days.

9. Regular Recreation and Parks Commission
Attachment 1 is copy of the September 6, 2022, Recreation and Parks Commission minutes.

ATTACHMENT 1

MINUTES

CITY OF GUADALUPE

REGULAR MEETING OF THE RECREATION AND PARKS COMMISSSION TUESDAY, SEPTEMBER 6, 2022
Call to Order: Recreation Commission Chair-Joe Harris called the meeting to order at 6:00 p.m.

1. Roll Call: Recreation Manager, Hannah Sanchez, noted the Commissioner attendance as follows:

Commission Chair: Joseph Harris- Present
Commissioner: Enrique Ortiz- Present
Commissioner: Robert Salinas- Present
Commissioner: Jesse Ramirez- Resigned
Commissioner: Emily Dreiling - Present

2. Pledge of Allegiance:

Commissioner Chair Joe Harris was recognized and led the Commission in the pledge of allegiance.

3. Community Participation Forum:

No participation.

4. Consent Calendar:
• Motion was made by Salinas. seconded by Ortiz to approve the August 10, 2022, regular meeting minutes. All ayes, 3/0. Motion passed.
• Motion was made by Salinas, seconded by Dreiling to adopt Resolution No. 2022-01. All ayes, 4/0. Motion passed.

Regular Business:

5. Le Roy Community Center Mural
Servando Garcia attended the meeting via zoom. He presented his final mural design to the commission and explained what his next steps would be. Once his check arrives in the mail, he will use the funds to purchase his materials and equipment.

6. Recreation Commissioners Position Updates
It was brought to the attention of the Recreation Services Manager that the terms of two commissioners, Commissioner Emily Dreiling and Commissioner Robert Salinas. had expired in September 2021.

September 6, 2022 City of Guadalupe Recreation & Parks Commission Minutes

Agenda Item No. 11

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of October 11, 2022
_Hannah Sanchez_______________ __________________________________ Prepared by: Approved by:

Hannah Sanchez, Recreation Services Manager Todd Bodem, City Administrator SUBJECT: Facility & Parks Use Fee Schedule Changes
RECOMMENDATION:

To review and approve proposed changes to the Facility and Park Use Fee Schedule.

BACKGROUND:

The City Facility and Parks Use Fee Schedule was last updated and approved by Council on July 14, 2021.

At that time the Consumer Price Index for the U.S. City Average was 5.4%. The most recent CPI percentage reported for June of 2022 was 9.1%. In addition to the CPI increase, there has also been an increase in the number of rentals. With more rentals occurring there is more foot traffic at facilities and parks that in turn results in more maintenance and janitorial costs.

In the past, all non-profit organizations wishing to utilize city facilities have had all fees waived. Moving forward, staff is recommending that all renters, including non-profit organizations, would need to follow the approved Facility and Parks Use Fee Schedule unless another fee arrangement is negotiated and approved by the City Council.

However, not all of the proposed changes are increases. After investigation of some of the established prices versus neighboring facilities, it was brought to the department's attention that some of our fees were higher than our competitors who offer more amenities than we do at our facilities and parks.

Examples can be seen on Attachment 9.

DISCUSSION:

The first recommended change is for the City Auditorium fees. Attachment 1 shows the original fee schedule and Attachment 2 shows the recommended changes. It is recommended that the kitchen use deposit be included in the cleaning deposit rather than showing it as a separate charge. Many renters do not understand why there is a separate charge to utilize the kitchen, and the reason is for additional cleaning needed when used. By including it we are not only mitigating complaints, but also raising the refundable portion of the deposit so that renters are given more of an incentive to meet the cleaning requirements in order to receive their refund.

It is also recommended that city approved local non-profits/schools/and other approved fraternal/social organizations fees be updated. Attachments 3 & 4 show examples of the city auditorium being utilized long term for no cost due to the renting parties (Group 1 & 2) falling under this category. While staff recommends that fees should be subsidized, it is crucial that we still receive some compensation for those rentals. It is proposed that any groups that fall under this category that need to utilize the space repetitively on a long-term basis pay a monthly $300 flat rate. This would allow for the group to make arrangements with the recreation services manager for use of the space while still compensating the department for the use of the facility.

Included are examples of cost differences between renters applying as residents and renters applying as non-profits/other. Attachment 5 shows the actual fees charged to non-profit Group 3 and Attachment 6 shows what would have been charged if they were charged the normal fees. Attachment 7 shows the actual fees charged to non-profit Group 4 and Attachment 8 shows what would have been charged if they were charged normal fees.

Additionally, requests were made that any use of a space for a memorial service should also be subsidized. This was taken into consideration when creating the Non-Profit Special Event/Memorial Service Fee. This category covers both memorial services and any special event rentals run by non­profits. This was created because in the previous fee schedule non-profits were following a flat rate per visit, but those fees were not covering the costs of the use considering that there were no time restrictions on the duration that the flat rate would cover. Attachments 5 & 6 are also good examples of a non-profit rental that was charged a flat rate for a 12-hour use. The recommendation is to have a $150 flat rate for up to 4 hours of use. This is a reasonable amount of time to cover an event or memorial service. Any rental use over 4 hours would be a $50 hourly rate per each hour used after the four hours.

For example, if a non-profit organization had a 6-hour special event they would pay $150 for the first 4 hours and $100 for the additional 2 hours for a grand total of $250. These costs are subsidized, but also cover costs for the use of facility.

Veterans Hall
Based off of the original fee schedule, Veteran's Hall was priced the same as the City Auditorium even though Veterans Hall is a smaller space and allows fewer people to occupy it for events. Taking that into account, the recommendation for these fees is that they be reduced. The kitchen use fee would be included in the cleaning deposit, which would remain the same. However, the hourly rate would be adjusted from $90 for residents and $110 for non-residents to an hourly rate of $65 for residents and $85 for non-residents.

The city approved local non-profits/schools/and other approved fraternal/social organizations would also follow the same fee structure as the City Auditorium with a $150 flat rate for up to 4 hours of use and an hourly rate of $50 for each additional hour after the first 4 hours.

City Council Chambers
No changes are proposed for the City Council Chambers fees.

O'Connell & Le Roy Park
For the use of O'Connell Park and Le Roy Park, including the use of BBQ area if desired, it was brought to the department's attention that the cost to rent those areas were much higher than any other neighboring city's park rental fees who have more amenities to offer. Rather than charging an hourly rate, the department is recommending that we follow Santa Maria's park rental structure of having a flat rate per visit. The flat rate per visit would be $140 for residents and $160 for non-residents. This would come to a total of $200 for residents and $220 for non-residents with the reservation lock in date deposit included. City approved local non-profits/schools/and other approved fraternal/social organizations recommended fee is a $90 flat fee per visit which would come out to a total of $150 with the reservation lock in date deposit included.

Veteran's Memorial Plaza
No changes are proposed to the Veteran's Memorial Plaza fees.

Additional Costs for All Rental Events if Applicable
It is recommended that the Event Attendant fee be changed. Previously, a flat rate of $150 per event was charged to the renter. This rate does not cover the costs associated with the building attendant's time or overtime. It is recommended that the Event Attendant fee be changed to $16 per hour. This would be applied to set up, event, and break down time for the rental.

FISCAL IMPACT:

Although the proposed park rental fees were lowered to a flat rate, it should encourage more rentals of the parks. Currently, many people make appointments to come in to reserve the parks, but ultimately, they do not reserve it due to the high prices, however, still use the space that day. It is believed that more people will be willing to reserve the park according to the set procedures if the updated prices were approved.

The proposed Veterans Hall fees, although lowered, are a fairer price and should encourage more rentals of the facility as previously the fees were the same as the City Auditorium even though Veteran's Hall holds fewer people and offers less amenities.

All other proposed rental fees were raised to cover costs of use.

ATTACHMENTS:

1. Original Facility and Parks Fee Schedule

2. Proposed Facility and Parks Fee Schedule

3. Non-profit Long-Term Facility Use Example – Group 1

4. City Approved Long-Term Facility Use Example – Group 2

5. Non-profit Special Event Use Example – Group 3

6. Non-profit Special Event Use Example – Group 4

7. Waller Park Rental Fees

8. Resolution No. 2022-90
Fina I Version Effective 7 /14/21
City Facility and Parks Use Fee Schedule
Connell & LeRoy Park Non-Refundable Refundable
All rentals
Reservation lock in date $60
Cleaning Deposit ($100.00) $50
Plus, one of the following
Hourly fee for City Residents $40
Hourly fee for City non-residents $50
City approved local non-profits/schools/and $30 Flat fee/visit other approved fraternal/social organizations*
City approved business/events Free
$50
*Unless another fee agreement is negotiated and approved by the City Council. See list of approved non-profits below.

Downtown City Parking Lot* Non-Refundable Refundable
All rentals
A one-time use fee $60
Cleaning Deposit ($100.00) $50 $50
Additional Costs for All Rental Events If Applicable:

Item:

Alcohol Permit With ABC License
Alcohol Permit Without ABC License
Fire Marshall Occupancy Inspection
Security and Event Attendant ($300.00)
Non-Refundable Refundable
$75.00
$150.00
$119.00
$150.00
$0
$0
$0
$150.00
ATTACHMENT 1
ATTACHMENT 1
ATTACHMENT 1
ATTACHMENT 2
ATTACHMENT 2
ATTACHMENT 2
ATTACHMENT 2

CITY OF GUADALUPE USE ONLY

ASSIGNMENT & FEES STATEMENT
Location/ Room Rate(s) Hours Facility Use Fee(s)
M,�o(,\)f{\ I Le., eoi Private:$ /HR X HRS = $
Date(s) and Hours Non-Profit:$ ..50_! Day X HRS 72... = $�00.00 ()lo, iz. · oG) .ti Cl.b.J
Sub-Total $
Rental Applicant Address Reservation Lock-in Fee Reservation PerDay:$ \QO Lock- in Fee=$ \(l) =
M)(\ - Prof, t
FEES ( Refundable) (Refund)
Police DeptAlcohol $0.00
Permit Fee ($75.00 +ABC
Lie or $150.00 without)
Notes: Security Deposit $150.00
($300.00)
Security Officers Required: Yes __ No __
Fire Marshall Occupancy $0.00
Number Required: Inspection ($119.00)
Name of Security Firm: Kitchen Use Fee ($50.00 $0.00
Phone Number: or $100.00)
Date(s) / Payment Method: (Cash, Check#, Credit) Facility Cleaning Deposit $50.00, ($100.00, 200.00, 500.00) $100.00,
1 2 $250.00
Total Event Fees
3 MinusTotal Deposit(s)
Total Balance Due �CJ� 11,

EVENT APPROVAL OR DENIAL
Recreation Depart Recommendation: Approval: D Yes or D Denial Reason: __________ _ ________________________________ Initials:

Pending: _ Payment of All fees _ Security Confirmation __ Liability Insurance Certificate Confirmation of Permits Confirmation of Licenses Other _______ _ Rental Application: _Approved ___ Denied* Signature: _____________ Date: __ _ *Reason: _________________________________ _
Final Approval on Fees and Reimbursements: ______________ Date: ____ _ Rev 7/14/2021
ATTACHMENT 3
Location / Room
_hJ[\ i±Or i�f{\
Date(s) and Hours
()'6.12.-10.ii (_fil__)
Rental Applicant
"-b0 -Khf'i t
Notes:

CITY OF GUADALUPE USE ONLY

ASSIGNMENT & FEES STATEMENT
Rate(s) Hours
Private:$ /HR X HRS =
Non-Profit:$$Q() /DayX HRS s, =
Address Reservation Lock-in Fee
PerDay:$ =
Police De pt Alcohol
Permit Fee ($75.00 +ABC
Lie or $150.00 without)
Security Deposit
($300.00)
Security Officers Required: Yes __ No __
Fire Marshall Occupancy
Number Required: Inspection ($119.00)
Name of Security Firm: Kitchen Use Fee ($SO.OD
Phone Number: or $100.00)
Facility Cleaning Deposit
Facility Use Fee(s)
$
s 2..,'SSQ. QO
Sub-Total $ Z,550,00
Reservation
Lock-in Fee=$ 100
FEES ( Refundable) (Refund}
$0.00
N/-A
NIA
$150.00
Nit\ $0.00
Nlf\ $0.00
$SO.OD, Date(s) / Payment Method: (Cash, Check#, Credit) ($100.00, 200.00, SOD.DO) NIA $100.00, 1 2 $250.00
Total Event Fees
� Z.t.lf.)J) ) 3
MinusTotal Deposit(s)
-•
Total Balance Due j/),,lPfJ)

EVENT APPROVAL OR DENIAL
Recreation Depart Recommendation: Approval: D Yes or D Denial Reason: __________ _ ________________________________
Initials:

Pending: _ Payment of All fees
Confirmation of Permits
_ Security Confirmation
Confirmation of Licenses
_ Liability Insurance Certificate
Other ______ _
RentalApplication: _Approved_Denied* Signature: _____________ Date: __ _ *Reason:----------------------------------
Fin a I Approval on Fees and Reimbursements: ______________ Date: ____ _ Rev 7/14/2021
ATTACHMENT 4
Location / Room
utj &1c1·�
Date(s) and Hours
2()],7 .. (Il.J
9(,lM- 9vM
Rental Applicant
hl�A V'h\ �\v\G\ J
Notes:

CITY OF GUADALUPE USE ONLY

ASSIGNMENT & FEES STATEMENT
Rate(s) Hours
Private:$ -- / HR X HRS 11 =
Non-Profit: $ 'j() -
/ Day X HRS - =
Address Reservation Lock-in Fee
Per Day:$ l C)Q - =
Police Dept Alcohol
Permit Fee ($75.00 +ABC
Lie or $150.00 without)
S&,1:1Fit)f Qe�e5it
Security Officers Required: Yes __ No __
f$aoo,oQ.) B\ cl� A 1f
Fire Marshall Occupancy
Number Required: Inspection ($119.00)
Name of Security Firm: Kitchen Use Fee ($50.00
Phone Number: or $100.00)
Facility Cleaning Deposit
Facility Use Fee(s)
$
$ �nSub-Total $ 50
--
Reservation
Lock-in Fee = $ 100-
FEES (Refundable) (Refund)
$0.00
"'\ �
$150.00
l50
$0.00
\ \9
\��
$0.00
$50.00, Date(s) / Payment Method: (Cash, Check#, Credit) ($100.00, 200.00, 500.00) 50D $100.00, 1.f5D
1 2 $250.00
Total Event Fees I, bf\ J-50 3
Minus Total Deposit(s)
Total Balance Due

EVENT APPROVAL OR DENIAL
Recreation Depart Recommendation: Approval: □ Yes or □ Denial Reason: __________ _ ________________________________
Initials:

Pending: _ Payment of All fees
Confirmation of Permits
_ Security Confirmation
Confirmation of Licenses
_ Liability Insurance Certificate
Other ______ _
Rental Application: _Approved_ Denied* Signature: _____________ Date: __ _ *Reason: ----------------------------------
Fin a I Approval on Fees and Reimbursements: _____________ _ Date: ____ _ Rev 7/14/2021
ATTACHMENT 5
Location / Rood �At'\ \\-\) \
Date(s) and Hours
1D1� (Jll
°' U.W\ - q \>�
Rental Applicant
�)v\tl '( fl ,c::J M
J
Notes:

CITY OF GUADALUPE USE ONLY

ASSIGNMENT & FEES STATEMENT
Rate(s) Hours
Private:$ 9 D - 11 / HR X HRS = �
Non-Profit: $ __ / Day X HRS =
Address Reservation Lock-in Fee
Per Day: s lDO .... =
Police Dept Alcohol
Permit Fee ($75.00 +ABC
Lie or $150.00 without)
§ee1:1Fiti,c Qel!3e!iil
Security Officers Required: Yes __ No __
,s300,g� B\ctq A-lf
Fire Marshall Occupancy
Number Required: Inspection ($119.00)
Name of Security Firm: Kitchen Use Fee ($50.00
Phone Number: or $100.00)
Facility Cleaning Deposit
Facility Use Fee(s)
\OW -
$
$
Sub-Total $ } OCc,()-
Reservation
Lock-in Fee=$ 100-
FEES (Refundable) (Refund)
$0.00
�,Pr
$150.00
,so-
$0.00
119 -
$0.00
,oo-
$50.00, Date(s) / Payment Method: (Cash, Check#, Credit) ($100.00, 200.00, 500.00) SO(f $100.00, i,50
1 2 $250.00
Total Event Fees l,04'1 l.5D 3
Minus Total Deposit(s)
Total Balance Due

EVENT APPROVAL OR DENIAL
Recreation Depart Recommendation: Approval: D Yes or D Denial Reason: __________ _ ________________________________ Initials:

Pending: _ Payment of All fees
Confirmation of Permits
_ Security Confirmation
Confirmation of Licenses
_ Liability Insurance Certificate
Other ______ _
Rental Application: _Approved_ Denied* Signature: _____________ Date: __ _ *Reason:. _________________________________ _
Final Approval on Fees and Reimbursements: _____________ _ Date: ____ _ Rev 7/14/2021
ATTACHMENT 5

ASSIGNMENT & FEES STATEMENT
Location / Room Rate(s) Hours Facility Use Fee(s)
\Jb\ \\id\ Private:$ / HR X HRS ID = $
-
Date(s) and Hours Non-Profit: $ ..:jQ_ / Day X HRS - = $ so I 0/1,,�
(J_Q_) I! 50 y.._ ') -: I�
04 / ,s- '\)�� � ;15a
-
Sub-Total $
'5 I lo \)CV'6,,riJ
Rental Applicant Address Reservation Lock-in Fee Reservation Per Day:$ \Qt) - = Lock-in Fee = $ ) () D -
FEES (Refundable) (Refund)
Police Dept Alcohol $0.00
Permit Fee ($75.00 +ABC �\P\' Lie or $150.00 without)
Notes: Security Deposit t� $150.00
($300.00) ��\� Security Officers Required: Yes __ No __ Fire Marshall Occupancy
�l& $0.00
Number Required: Inspection ($119.00) ��
Name of Security Firm: Kitchen Use Fee ($50.00
-�\.t $0.00
Phone Number: or $100.00) ��
Facility Cleaning Deposit _ $50.00, Date(s) / Payment Method: (Cash, Check#, Credit) ($100.00, 200.00, 500.00) 'JtJO $100.00, isn� 1 2 $250.00
Total Event Fees
3 'oSt)- ;>-sa
Minus Total Deposit(s)
Total Balance Due

EVENT APPROVAL OR DENIAL
Recreation Depart Recommendation: Approval: □ Yes or D Denial Reason: _________ _ _______________________________ Initials:

Pending: _ Payment of All fees
Confirmation of Permits
_ Security Confirmation
Confirmation of Licenses
_ Liability Insurance Certificate
Other ______ _
Rental Application: _Approved_ Denied* Signature: _____________ Date: __ *Reason:. ________________________________ _
Final Approval on Fees and Reimbursements: ____________ _ Date: ____ _ Rev 7/14/2021
ATTACHMENT 6
Location / Room
tit'\ t\\)d,
Date(s) and Hours
\0-1.'I
0 \- \t\
04-\':>

CITY OF GUADALUPE USE ONLY

ASSIGNMENT & FEES STATEMENT
Rate(s)
Private:$ --- / HR X HRS
Non-Profit: $ �/ Day X HRS
Hours
,a
Facility Use Fee(s)
$ ____ _
s 50-
st)-,t CS' 00.�
Sub-Total$ is()
Rental Applicant Address Reservation Lock-in Fee Reservation Notes:

Security Officers Required: Yes __ No __
Number Required: __ _
Name of Security Firm: _________ _
Phone Number: _________ _
Date(s) / Payment Method: (Cash, Check#, Credit)
1 ___ ___, --- 2 ___ __, ---
3 ___ ___, ____ 4 ____ �---
Per Day: $ � = �o�k-?n Fee = $ 'z)t)Q
FEES (Refundable) (Refund)
Police Dept Alcohol $0.00
Permit Fee ($75.00 +ABC �\� Lie or $150.00 without)
�eetif'i�'t' i;;)9�g5j.t 1' � $150.00
!$�QQ.QQj �� f\� 750
Fire Marshall Occupancy $0.00
Inspection ($119.00) 9s
Kitchen Use Fee ($50.00 $0.00
or $100.00) �\�
Facility Cleaning Deposit $50.00,
($100.00, 200.00, 500.00) ,,�se i,� $100.00,
$250.00
Total Event Fees
Minus Total Deposit(s)
Total Balance Due

EVENT APPROVAL OR DENIAL
Recreation Depart Recommendation: Approval: □ Yes or □ Denial Reason: __________ _ ________________________________ Initials:

Pending: _ Payment of All fees
Confirmation of Permits
_ Security Confirmation
Confirmation of Licenses
_ Liability Insurance Certificate
Other ______ _
Rental Application: _Approved_ Denied* Signature: _____________ Date: __ _ *Reason:----------------------------------
Fin a I Approval on Fees and Reimbursements: -------------- Date: ____ _ Rev 7/14/2021
ATTACHMENT 6
Waller Park
"ddress: 300 Goodwin Road, Santa Maria
r:iax Fef'
Area 1 250 $215
Area 2 150 $140
Area 3 100 $115
Area 4 100 $115
Area 5 100 $115
Area 6 150 $140
Area 7 150 $140
Area 8 16 $65
Area 9 32 $90
Lakeside Terrace 310 $315
Gazebo 100 $115
ATTACHMENT 7
RESOLUTION NO. 2022-90

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

ESTABLISHING NEW FEES FOR THE CITY FACILITY AND PARKS USE SCHEDULE WHEREAS, the City Facility and Parks Use Fee Schedule was last updated and approved by Council on July 14, 2021, and at that time the Consumer Price Index for the U.S. City Average was 5.4%, and the most recent CPI percentage reported for June of 2022 was 9.1%; and WHEREAS, the City’s parks and facilities have seen increased usage resulting in more costs for maintenance and janitorial services; and
WHEREAS, in the past, non-profit organizations wishing to utilize city facilities have had all fees waived, but staff is now recommending that all renters, including non-profit organizations, comply with the new proposed fees for the Facility and Parks Use Fee Schedule unless another fee arrangement is negotiated and approved by the City Council; and WHEREAS, not all of the proposed fee changes are increases because, some of the City’s fees are higher than competitors who offer more amenities than are available at the City’s facilities and parks, so a reduction in some of the fees is warranted; and
WHEREAS, all of the proposed changes to fees in the City Facility and Parks Use Fee Schedule are set forth in Attachments 2-8 to the staff report for this item, and which are hereby incorporated in this Resolution.

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

SECTION 1. The proposed changes to fees in the City Facility and Parks Use Fee Schedule are hereby approved.

SECTION 2. That these fees will be included in the City’s Master Fee Schedule.

SECTION 3. That the City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained.

In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.

PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Guadalupe held this 11th day of October 2022 by the following vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTACHMENT 8
I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2022-90, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held October 11, 2023, 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