planning and building permits are obtained. Before any Permit will be issued by the Building Department, the Owner/Applicant must obtain written clearance from all departments having conditions. Such clearance shall indicate that the Owner/Applicant has satisfied all pre-construction conditions.
40. Design Review Expiration. The Owner/Applicant shall obtain the required Zoning Clearance within the 24 months following the effective date of this Design Review Permit.
If the required Zoning Clearance is not issued within the 24 months following the effective date of this Design Review Permit, or within such extended period of time as may be authorized in compliance with Section 18.73.120.B of the Guadalupe Municipal Code, and an application for an extension has not been submitted to the Planning Department, then the Design Review permit shall be considered void and of no further effect.
41. Design Review-Void. This Design Review Permit shall become void and be automatically revoked if the development and/or authorized use allowed by this Design Review Permit is discontinued for a period of more than 12 months, or within such extended period of time as may be authorized in compliance with Section 18.73.120.B of the Guadalupe Municipal Code. Any use authorized by this Design Review Permit shall immediately cease upon expiration or revocation of this Design Review Permit. Any Zoning Clearance approved or issued pursuant to this Design Review Permit shall expire upon expiration or revocation of the Design Review Permit. Design Review Permit renewals must be applied for prior to expiration of the Design Review Permit.
42. Plans Requirements. The Owner/Applicant shall ensure all applicable final conditions of approval are printed in their entirety on applicable pages of grading/construction or building plans submitted to the Building Department.
43. Contractor and Subcontractor Notification. The Owner/Applicant shall ensure that potential contractors are aware of City conditions and requirements. Owner/Applicant shall notify all contractors and subcontractors in writing of the site rules, restrictions, and Conditions of Approval and submit a copy of the notice to Planning staff.
44. Time Extensions-All Projects. The Owner/Applicant may request a time extension prior to the expiration of the permit or entitlement for development. The review authority with jurisdiction over the project may, upon good cause shown, grant a time extension in compliance with City rules and regulations, which include reflecting changed circumstances and ensuring compliance with CEQA. If the Owner/Applicant requests a time extension for this permit, the permit may be revised to include updated language to standard conditions and/or mitigation measures and additional conditions and/or mitigation measures which reflect changed circumstances or additional identified project impacts.
45. All newly planted landscaping shall be maintained for the life of the project.
46. In the unexpected event archaeological or paleontological resources are unearthed during project construction, all earth disturbing work within the project area of potential effect (APE) must be temporarily suspended until an archaeologist has evaluated the nature and significance of the find. After the find has been appropriately mitigated, work in the area may resume. A Native American representative should monitor any archaeological field work associated with Native American materials.
BUILDING DEPARTMENT CONDITIONS
47. Fire Sprinklers. Identify that all buildings, including the existing two story structure are to be fire sprinklered. Identify the Type of Fire Sprinkler System to be provided for each building. [C.F.C., §930.2.22(d) as amended by Guadalupe].
48. Type of Construction. The proposed new buildings are three stories. As such, the C.B.C., July 2021 Supplement is applicable. The revised C.B.C., Table 504.4 requires that the new buildings minimum Type of Construction shall be Type V-A to permit three-story construction for Group R-2 occupancies.
49. Accessibility.
a. All ground-floor dwelling units in nonelevator buildings shall be adaptable and on an accessible route. [C.B.C., §1104A.1]
b. Based on 27 Dwelling Units provided on the site, a minimum of three (3) dwelling units are to be fully accessible. Identify these three units. [C.B.C., §1102A.3.] c. An accessible path of travel is required from the public way to each ground floor dwelling unit. [C.B.C., §1108A]
d. Based on 27 parking spaces of which also serves the ground floor commercial space, two shall be designated accessible, one being van accessible. [C.B.C., Table 11B-208.2]
50. Electric Vehicle Charging Spaces. Ten (10) percent of the total number of parking spaces on a building site, provided for all types of parking facilities, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Electric Vehicle Supply Equipment (EVSE). Calculations for the required number of EV spaces shall be rounded up to the nearest whole number [C.G.B.S.C. §4.106.4.2]
51. Area and Height. Justification for the proposed allowable area and height for the buildings proposed in this project shall be shown on the cover sheet of plans. [C.B.C. Table 506.2] Show compliance for an R-2 occupancy using total square footage and proposed height.
52. Projections and Openning Protection. Plans shall show compliance with C.B.C., Table 507.2 and Table 705.8. The plans shall show the assumed property line between Buildings B and C.
53. Means of Egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress in compliance with the provisions of the building code. The construction documents shall designate the
number of occupants to be accommodated on every floor, and in all rooms and spaces.
Provide an exit analysis within the construction plans. [C.B.C., §[A] 107.2.3] a. For all of the spaces shown on the floor plan identify the current or future proposed uses, their associated square footage and occupant load using C.B.C., Table 1004.5. b. Based on the current or future occupant load show that the spaces have the required quantity of exits and denote the occupant load served at each exit door from the space. [C.B.C., §1019]
c. Show the exit route path of travel from all spaces and show the accumulated exit load totals at each spaces exit door and sum these loads up until an exterior exit discharge door is reached and denote this total occupant load served. d. For each of the exit access route path of travel locations specify the total distance traversed from the beginning of the exit path to the exit discharge.
54. Soils Report Required. A soils (Geotechnical) report will be required for the project and must be submitted at the time of building permit application. [C.B.C., §1803].
55. Waste Management. After the issuance of a building permit, the applicant shall submit a waste management plan to the Building Division. The plan shall include the estimated composition and quantities of waste to be generated and how the project developer intends to recycle at least 65 percent of the total job site construction and demolition waste measured by weight or volume. Proof of compliance shall be provided to the Chief Building Official prior to the issuance of a final inspection. During demolition and construction, the project developer shall mark all trash disposal bins “trash materials only” and all recycling bins “recycling materials only.”
56. Design Professional Required. Construction plans for the project shall be prepared signed and sealed by a California registered design professional, i.e. architect or engineer.
57. Permits. A building permit application, plans and specifications demonstrating compliance with current California Building, Fire, Plumbing, Mechanical, Electrical, Green Building and Energy Standard Code requirements is to be submitted, and permits obtained prior to construction.
POLICE DEPARTMENT CONDITIONS
58. Public Safety Impact Fees. The project applicant shall contribute to the necessary funding for emergency equipment and facilities to serve the proposed structure. The applicant shall pay the required public safety fees to the City of Guadalupe as deemed necessary by the City of Guadalupe Police Department prior to the issuance of a Certificate of Occupancy.
59. The project applicant shall apply all Guadalupe Municipal Code Ordnances 2021-494 and the August 2021 supplements at the time of Plan Review.
60. Provide final layout plans for the location of utilities, services and unit layouts in PDF format.
FIRE DEPARTMENT CONDITIONS
61. Public Safety Impact Fees. The project applicant shall contribute to the necessary funding for emergency equipment and facilities to serve the proposed structure. The applicant shall pay the required public safety fees to the City of Guadalupe as deemed necessary by the City of Guadalupe Fire Department prior to the issuance of a Certificate of Occupancy.
62. The project shall comply with all adopted 2019 California Fire Code requirements as well as adopted code amendments under Guadalupe Municipal Code 15.08.020 and 15.08.030 at the time of plan review.
63. Maintain a minimum unobstructed width of 20’ and maintain a minimum vertical clearance of 13 feet 6 inches. The proposal shows 16-foot-wide access on the west side and 20-foot-wide access on the east side.
64. Fire hydrant will need to be added on Pioneer Street by the project’s west entrance. Fire hydrant separation exceeds the maximum allowed.
65. Provide final layout plans for the location of utilities, services and unit layouts in PDF format.
End of Conditions
ATTACHMENT 2
{
{
o
+-m=z{qt
mx
o
o
-!t-Do-lr-o-3
ooo-=J-J
o
+=
ooCLoot c'l (oJC'I
.-.
mx
oo
-T' -+{r-o-3E'
o
=o
FT-a@ottr
o
{
sgov
o .t9?+t dYo: <o
9.6 o Fi' P0q
ea
r(D
9E96g. -* '+ Ch K;1 dx
eg. Eoq vt.
+ f!' D(D i-CJ
d=. (D5l c)=. Pqt oogFn f9b+o.'o A'E c,js
EEri p.9? =:EU
o
rd
$
F
0qFl
A] EI
ljHH glr5.(r51;O\Ooo{O\L'r
*$*3*$tsuNts
o- oE Fb.- Fr lD
F a9 gg3 F.AFFE.v
\i.-A,A
='< X )l prf
E3Bg g
A
se +d !a <d6 $Fg g
s
Eg$ ;g
; EF $g q'gF €g
t'F g g.F
$F* er tD (D C '-irt
E 3€' R,F :a*r= OO 'gE E$ g'g [,8
$EflE
ATTACHMENT 3
m
x
o
o
-
!t+
I
-J
o
o
J
tf.
o
o
qt
=CL
o
o
5 o
o
o
o
o
J
o
F9***i
EEFBi
m
x
o
o
-
!t
F}
!
=o
o
=
=.
o
o
q,
5 o.
o
o
=o
o
@
9. o
=o
gagEggEF:giE iggg;
irEP;
EgF*gEliF.llEg1ElEE€liEla[1*+-Fui$1$
nr
x
o
o
-T' +
I
-J
o
o
t=
o
o
AI
=CL
o
o
J
o
o
o
2. o
3 o
In
x
o
o
-
!t
t
I
-5
o
o
=
=.
o
o
!t
f
o
o
o
t
o
o
o
9,.
o
J
tn
* CURB HEIGHT PER PUN
18'
7' lg'
CURB & GUTTER
NO SCATT
lE'
t9'
DEPRESSED CURB DETAIL
(sEE P|-AN)
4.5'T0 10'
1/1' TO 12'
EXPANSION JOINT WHERE ADJACENT
TO BUIIDINGS, WAI.I.S, ETC.
COMBINATION CURB
&
GUTTER
& SIDEWALK
coNSrRUCnoN Jo|NT VSCoRE
UNE 6' FROT & PARATIfL TOFACE OF CURB
6'
6' 1'
I
t SrcfiH TROWEL ilII{ l/2'R. FINE ERUSH NNFH
ROUNDING
NON-EXPANSIYEIIATERIAINON-EXPAI{SIVETAIERIA[
a(o
eo
a
t
I€
eo
I@
I
6 Ir0
N0 scAtt
STIOOil IROWEL WITH flNE ERUSH NNFH
E,
CURB ON]
{{
o+
m=z{5
!!!
o
mE
E,
7-m
€
ocD@
U'm
oI
o
z
tl
EI SLOPE 1 1'lo 12' SIEEL IROWEL NNEH
5' VARIABTI
UNTTSS OII{ERTISEsHou,lr 0t{ PUN
SIDEWALK&CURB&GUTTER
NO SCATT
I
as,t
GENERAL NOTES:
I. WORKYANSHIP AND TATERIA,TS SHAI.I COYPLY WNH CIrY SPECHCANON FOR CONCRETE CUR8, GI'TIER AND SIDEWAI.K
2. CURING-USE APPROVED CURING COTPOUND.3. EXtNStor{ Jo|NTS-5^' FULr DEmt pRElrotDED ASPHALflC trpREcNATED, EVENLY SPACED, NOT OYER 50' APART AT A[ CURE REruRNS, DRTVANAY APRONS AND EX|SNNG WORK. 4. CoLoR|NG-USE 1 1/2 l8S. UttpEuCK pER C.y., TNIEGRALLY ytXED.
5. nNFH-Alr EDGES, CoRNERS AND ENDS SHAtr HAVE 1/2' R,oI.6. SCORING-SEE STD. SPEC. FOR CONCRETE CURB, GUTIER ^ND
SIDEWAI.JC
7. COTPACTION.REUTIYE DENSITY OF 9OT UNDER SIDEWATJ(S. UNDER CURBS, GUTTERS AND DRTYEWAYS, 95T.
8. F0R.-ESnIIAT|NG, E' C.F. = 19 1/2 LF./C.Y. CoNCREIE AND 6' C.F. = Z0 3/1 LF./C.Y. CONCREIE.
I
I
City of Santa Standard Dra ar 7'
gE
1/2'R.
ROUNDING
CIIBB and GUIIB
and/or SIDEilALK
DESCflPIION:
DRAII{ 8f: NS.C. oAlE oR il't 2/6E scllE No|tE $srt0Fr
N0 scAr."E RD.11
ATTACHMENT 4
PROJECT DATA
AD)RESS:
APN:
823 GUADALUPE STREET
115-112-00!
SITE AREA·
ZON NGI.X.SIGNAIIOJ\•
30,611:i SF [0.10 AC�ES)
G�j:iENLHAl ��RMllTrt>)
F.00D ZCJ\E
DWSITi' ALLOWED
l�-3 REQ,l.llREMENTS USED FOR MULTIFN..'!ILY PORTICN)
NO
BIISE DENSITY (1.700 SFNNIT):
O[N$1n' BONUS(�(;%):
TOT.AL AL LOWED:
19 UNITS (3•J,676SF / l,700SF)
LO UNIIS (�-� HOUNJSUI' 10 lOJ
29UMITS•
- -
IJENS TY PRO�OSED
E)(ISm,GBUILDI\JG:
NEW BUILCINGS·
TOTAL PROPOSED �P.lJlll}IN(';
JNfTMJX
3 BEDROOM L NITS:
4 BEDROOM L'NITS·
NFW 8JII �NCS:
3UNITS
24 UNITS
27UNITS
lUNTS
lUNITS
� BDROOM UNITS: ::i. UN TS
2 8EDRCOM Ua_.,N"'-"'"------�:l�UN�"�
-::.rrA.L UNfTS: 21 UJ\IIS
Wl,OING HFIGHT ALLOW CD·
NUMBER Of STOflll.$ H-!Ut'OSW:
[OMMFRCI.AI YA.R[l5
SO F[CT
HOOT YARIJ REQJ!RFIJ: NO\IF
F�ONTY.ARO PR(}VIOFO: 6f[ET
Sil.II:: YAfiU R�QUIRcU NONE
Slf)f VARr> P,l:'.'WIOEO: NONl
REAR. YAR) R.E:tU REO· NONE
RFAR YAR"l PR:Wll'lHl: 216 rHT
R£S O�NTIAl VAAf).�
FRONT YARD RECUIRm: . 2:0 fE£T
FRONT YARD f"ROVIOfl}: US FFFT
SIJE YARD fi!:QUIAEO· 5 FEET
S JE YARD FROVIOEO S FE£T
:\EAR'IAROREQUIRED: lSFEET
UAR't/1,AD PROVID;"O: tFOOTn•
LANCSCAPE AREA REQUIR.:D: 3,616Sr (30,676Sf xlO"')
LANCSCA.rEARF.APR8VlrFO .11,100.sf
8Ul.DING A'l.EAS
EXFSTIN3COMM.:RCIAl· .11,SCOSF
EXISTING RESIDENTIAL: 2,900 SF
TOTAL FXISTINC, 7/-00 sr
PROPOSED RE�IDENT AL:
O\'ERAll TOTAL l!UILO 'KiAfl:A:
rRFVATE or:N :SPACE FlEQJtREO
GROUND F.OOR U�ITS·
UFFERFLOORUNITS
f>f!IVAT[ Ol>LN ::iPAU PH.U\IIUlU (SLE Pl.ANS)
J1,0CCISF
ia,,oosf
lOOSf PFR LJN T
50 Sf l'HI. UNI I
GROlJNf)fl00RlJNIT5: 1005'f'[RJNII
LPl'lH►-001-!.Ut. TS
PAil( NG RLCUIH.W: 0
1 :t�O ur..IIs (l Sl'JIU � 12 U"lllS.)
2 & 3 OED JNITS [E, SPACES� 1A UNITS):
II B-EO JNITS(2.S SPACES� 2 l. '!ITS):
COMMER::IAL:
TOT/\L RE®IREC:
PARKING PP.CVIDED
COI/EREJ PARKING REQUIREC
COVERD PI\RKING PROVIOEC:
:2 SPACES
2l SPACES
5 SPACES
0 SPI\CES
38 SPACES
27 SPACES ,u�
11 SPACES
:>SPJICES , .....
ATTACHMENT 5
823 GUADALUPE STREET
Tt-E PR�JECT 15 FROPO!,INC TO PROVIDE 1SS Of I IIL lJNflS i3 lJNll::ilAS 'Ilk� LOW- N'::UML IN cJRnFA mAt.HIFVF A 50% "lF\J!,ITY l'IONIJ�. THf. APPl CANT S-1.<\llRLUJVLO Ttlfl::[ INCLNI \ILS THE APPLICANT IS REQlES.TINGA PAfiKIN<-i MT n, "(ll.J<.IVF OF !"JISA� lffV ANn nJFST PAA.l<I\JfiOf:
ZERO TO ONE BEORO:JM• 1 P,t,RKING SPA.CF
TW:J TO THREE 9_::(lROOl\,I: 1,5 PARICII\G Sl'ACLS
FOUR 3EDROOM· 2.5 PARKII\GSPACF.S
PA;iKING REC.UIRE'-'ENTS MAY BE MET WITH ONSITE PAR( \JG fHROUGHlANDHA f'AH.KJNc; 01-t UNCO\/UtLJ �.C.flKl"C, OlJT NOl I lllt�UG I C.:N �ll¾t.U .,Al-tK \JG ('I ll� USl: OF 14ISPAR<ING KAT O OCLS NOi CUJNI AS A.l'ONCESSl::Jl"I OR INCEITTt\1£) I ll Al'�LK:ANI IS 1-!.LUULSlll',Ki IC.: USL ONl INC�NTl\'E OR CONCTSSION TO REOJCE THE RE�Dfll.TIAI REAR YARrl FROM 1S FEfTTC ZERO FEET. THIS CONCESS ON IS NECESSARY IN OROEHTO UUILO I Ill t'ROJLCT Al 111( F'RO?OSED DENSITY. llll. A.,.,UCAII.I IS KLQULSIINC:i 10 UH l:N_ INCENTIVE OR CONCESSION TO REDUCE THE TOTAL REQlJIRm >'4RKIN(; FROM �!l S..-ACFS TO 27 S>'ACCS. n11s WN< .. 1.SS UN r.; �LCLSSAHY IN Uf\U�l-t IUUUILO fll( Plt::uccr AT Tit( l-'HOl-'usLL> LJ NSIIY
••••• THE APPUCA/1.T IS �EQUESTING-::, LSE CII.E IN::ENTIVE OR ::ONCES.S ON-c PRO\IIOE UNCOVERED PA�KING I1\·LIEU OF COVCRfD PARKING. -HIS CON::ESSION 1S NECESSARY IN ORC[R TO BUILCTII[ PROJ[CT ATTII[ PROFOSED )£�sIn
PROJECT DIRECTORY
PROJECT APPUCANT
UN<CLP.
: TEN, L.C
POeoi-: 126S
SAN LUIS OBISPO, CA 9�:IE
PHONE: (80�)441-4050
EMAIL PKAW2969.tl'PRCTO\JMA.IL.COM
ARCHITECT
All.I-!. ::O�ILJL>IUAHCIII ILCIS
Bn AR(HFR S-RFFT,SUITF no
SAr-. LUISOUlst'O, CAS)l,'Jl
.ATTN· T;{"JMJES.S
Pl-ONE; (805) S47-224::l
EMAIL TJE:iS@AR�IS-STUO O.COM
CIVIL ENGtNE(R
A30\IE GAADE ENG 'IEERING
2115 -lltiUER,,STREET
SAN LJISCB:ISPO,CA93401
All\.: SCOTT ST:JKES
PHONE; (50S) S4D�Sl�S
Er..'IAIL: SCOTT@ABOV�G'-:ADEEJNIN:ERING.COM
SHEET INDEX
11.�.0 ::Q\IER SHEET
A?.1
,.,._,
..,_,
"-'
A3.0
Al.I
M.O
AS.::l
L-1.0
C-1.1
EXISllNGSI I1 l'lAN
frF PIAN/FIRST F CX>R>'IAN
SECOND FLOOR PU,N
THll"lJ rLOOR PIAN
ROOf P..AN
BUILCING EL::VATIONS.
f!UILCING El:\IATIONS
NEW mlDING FlOOR f>t.Ak
COLOR & MAT ER IAl SOA RO
lAII.OSCAPE PlA ',
GRADING, DRAINAGE & LITILIT"' PLAN
GUADALUPE, CALIFORNIA
PROJECT DESCRIPTION
THIS )ROIECT PRO::-osfSTHC&.CUNU �LUC..:H H.LI\OYA-l�N Ol-"III� [Xl5TING MIXED-USE BUILDING FROM 1D SRO UNITS IITT03 APA.RTMEtf"S. THE PROJECT ALSOINCLUD{S THE CONSUUCT ON OF 2J\ NEVJ APART"MEWTS INi'WO SEP/IR"TE �•STORY 3JILDINGS THIS :>RQJECT IS UTlLIZII\G Tt'E STATE Cf �LIFORNIA DENSflV B::'.:NUS PROG�A\1. WE AR:: �ROVIW.IG tS';i\3) CF THE Ur..lTS.M V:RY l.O'N INCOM£ UNITIN OROER-OACHIEVE A 5ml, IJ=NSITY RCNlJS. P�R lAC:0\/f��Mfll.T f.OOF6.��15(J)U1), -HF [lfVFlOPt:R I� ENTITLED TO THRE': CONCESS.KJ'lS.
l. IHl Al-'l'Llt:ANI IS KlQIJlSl"IN<-i THF FIRST :-'.ONffS�I0!'"-1 Tn RfOlif.f THE RF!,ll)FNTIAlll.CAA VARO rR:J\115 fEET TOZCRO f(ET THIS CONCESSION IS NECESSARY IN ORCER TOBUILDTHE FROJECT" r,T THE FRDFOSE) )ENSITT
2. THE ,\)),J(AflT IS RCQ.UESTING TOUSET-1£ S£CCNO INCEr-rlVECRCONCfiS.ION TOREOUCE THE TCTAl REQUIREC l'AUING F�::Jt.1 'l8 SPACFs-c 77 SPACFS. THS CO\JCESSMJN IS N:CESSA:\Y IN ORDER TO SLILDTHE PROJECT AT THE PROPOSED Ot:N�ITY
3. THE A�,UCA.NT IS REQUEHING TO USE THE Tl,IRD INCENT VE OR CON::ESSIONTO PROVICE U'ICO'IIEREO PARt::ING IN-LIEU OF ::OVERED PARKING. -HISCOI\CESSION IS NE::ESS,t,RY IN :JROERTO BUILOTHE PROJF.CT AT T-lfl'AO!':JSFD P.FNSITY.
VICINITY MAP
Ler◊)' Park
Guadal11pe-N1pomo
Dunes <;enter
Guadalupe
NoLnml11cQ
C.,eed�Ohng
()• • i.dc)' of Guadalu1,�
1..,al'lollc OlJr(h
9Mary Bwe,1 <;rt1�0I
'"�:»
PROJECT
SITE
NORTH
823 GUADALUPE ST
""
•"•""'·l•
Arris 823GUA)ALUf'!: STREET � ...
----
:'..UADALUPf (AU�ORN� ·"'t'I'
"'
'"!!;""I' IT�CIIIHCMl1FCI'\
S.£17£2022
(Jj_'?fl11.
1"-3Q'
1"-l:i:'
COVER SHEET Al.O
Boys & Girls Club Agreement Page 1 of 3
Agenda Item No. 10
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of November 8, 2022
________________________________
Prepared by:
Todd Bodem, City Administrator
SUBJECT: Consider entering into a Community Benefit Lease Agreement by and between the City of Guadalupe and the Boys & Girls Clubs of Central Coast (DBA Boys & Girls Clubs of Mid Central Coast)
RECOMMENDATION:
It is recommended that the City Council adopt Resolution No. 2022-99 authorizing entering into a Community Benefit Agreement by and between the City of Guadalupe and the Boys & Girls Clubs of Central Coast (DBA Boys & Girls Clubs of Mid Central Coast).
BOYS & GIRLS CLUBS OF MID CENTRAL COAST HISTORY:
Founded in 1966, Boys & Girls Clubs of Mid Central Coast (BGCMCC) has a strong reputation for providing safe, educational, and fun programs for local youth between the ages of 6-18. What started as one building—the flagship Railroad site in Santa Maria—has now expanded to two counties and 13 sites, with more than 2,700 registered youth members. Through outreach, including sponsored arts and sports programs, BGCMCC benefits an additional 4,000 local children each year.
BGCMCC focuses on providing programs to the youth and teens who need them most. BGCMCC programs are designed to achieve priority outcomes for lifetime success in 3 main areas: Education, Character, and Health.
Members reside on the Central Coast of California. Demographic data reveals 85% of members are Hispanic where Spanish is the predominant language spoken in the home, 70% of our members qualify for English Learner support in school, approximately 33% come from single parent homes, and approximately 90% qualify for free or reduced meal programs during the school year based upon state and federal guidelines. To help with that, the BGCMCC provides healthy daily snacks. Agriculture and hospitality are the dominant employer groups in a large part of the region and many of our members come from homes where one or more family members work in one of those industries. Other demographic data shows that 55% of members are male and 45% are female; 17% are teenagers and 83% are ages 6-12.
In Guadalupe, it is estimated that 37% of the city’s population is under the aged of 18.
Boys & Girls Club Agreement Page 2 of 3
BGCMCC is currently running programs in the Mary Buren and McKenzie School Clubssuch as the STEAM programs to provide resources and help with homework.
BACKGROUND (LE ROY PARK FACILITY):
Since 1998, the BGCMCC provided sports leagues in the City owned Le Roy Park facility. The Le Roy Park facility had seen signs of wear and the building developed mold, had HVAC and structural problems that made the building unusable. The City of Guadalupe secured a grant that funded the newly remodeled Le Roy Park facility. The Le Roy Park facility sits on a few acres and included in a building with amenities with a basketball court, restrooms, offices, meeting rooms; thereby, making a true multipurpose facility.
BGCMCC has provided services to an average of 100 members/day of Guadalupe youth and has been working over the past 3 years with the City to come up with a plan for continued collaboration in serving our kids.
Once the building was nearly ready of occupancy use, a committee comprised of the BGCMCC, Recreation and Parks Commissioners Emily Dreiling, Robert Salinas, Mayor Julian, City Administrator Bodem and Recreation and Parks Manager Sanchez looked to again partner with BGCMCC and quickly discovered that the city cannot run a program of this magnitude or as cost effectively as the BGCMCC can. Therefore, over the past 2 ½ years, the city committee and the BGCMCC worked on a lease agreement to partner in the planning execution programming for our kids in this facility.
SUMMARY OF THE LEASE TERMS:
The agreement grants a lease to the BGCMCC for the community center building at Le Roy Park for an initial term of 10 years that will begin as of November 8, 2022, and end on November 7, 2032.
Thereafter, the Club has the right to extend the lease for up to four (4) additional terms of 10 years at the sole option of the Club (provided that the Club is not in default of any provision(s) of the lease) and gives the City 60-days’ written notice of its intention to exercise one of its options.
The BGCMCC is not required to pay any rent to the City; however, the BGCMCC will pay for all utilities (estimated at $9,000 - $10,000 per month).
In addition, the BGCMCC will make the following investments to the facility (valued at approximately $60,000):
• Network and Wireless Access Points. BGCMCC shall install a computer network including internet access and secure wireless access points throughout the building. • Surveillance. BGCMCC shall install video and audio surveillance, including motion sensing flood lights, for the safety of the building and those who use the building. • Security System. BGCMCC shall install a security system including motion sensors, door, and window sensors for the protection of the building and its contents. • Key Safe. BGCMCC shall install a key safe containing copies of all keys for the building.
The BGCMCC will serve as the facility’s manager in partnership with the City to ensure the facility is made available to all applicable community uses outside of the BGCMCC’s normal hours (Mondays – Fridays from 10 a.m. to 6 p.m., and Saturdays from 9 a.m. to 1 p.m.) The BGCMCC will handle scheduling, Boys & Girls Club Agreement Page 3 of 3
managing rental applications, staffing during its hours of operation, and will provide custodial services (at the BGCMCC’s expense).
The BGCMCC will provide the City with a written monthly report that includes 90-day future rental & usage schedule, number of youths served, facility access control change log and programs provided for that previous month.
The BGCMCC will be permitted to install City approved signage, including a monument sign at the entry and on the main door, indicating the “Boys & Girls Clubs of Mid Central Coast: Ron Estabillo Clubhouse at Le Roy Park”. All signage will be in accordance with the Guadalupe Sign Ordinance and approved by the Landlord.
The lease may only be terminated by expiration of the lease, by mutual agreement of both parties, or in the case of casualty (or by the City if the BGCMCC commits a material breach of one or more terms of the lease).
BGCMCC’s maintenance obligations: The BGCMCC is required to, at its sole cost and expense, to keep, maintain, and repair the facility including, but not be limited to, any equipment installed by the BGCMCC, signs installed by the BGCMCC, floor coverings, wall-coverings, entry and interior doors, exterior and interior glass, light fixtures, bulbs, locks, fire extinguishers, furnishings (such as seating, carpeting and drapes, mirrors, and interior repainting), keeping the Premises free of pests and rodents, painting over/removal of graffiti on the exterior of the Building, and landscaping in the immediate area surrounding the Building defined as the Premises herein, but not any portion of the park area. The BGCMCC’s also is required to establish a reserve maintenance fund to be used for these maintenance obligations in this Section 7.2. of the agreement.
City’s maintenance obligations: The City is responsible for maintaining the physical structure of the facility, such as the structural elements, roof, plumbing, water heating system, electrical systems, HVAC equipment, exterior landscaping, and exterior painting (other than what the Club is responsible for), and the fire suppression system. However, the City is not be required to make repairs caused by the negligence or willful misconduct of the BGCMCC or arising from its operations.
FISCAL IMPACT:
Although the City is not receiving any rent from the BGCMCC, it is the committee’s belief that the BGCMCC’s lease of the of the Le Roy Park facility, will meet certain criteria to ensure a mutually beneficial partnership of providing services to the community. It is understood that the City will not achieve a dollar-for-dollar cost recovery, but many believe that the ‘value’ of the services provided by the BGCMCC will exceed the fair market value of the rent at the property.
ATTACHMENTS:
1. Resolution No. 2022-99
2. Community Benefit Lease
RESOLUTION NO. 2022-99
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE
AUTHORIZING FOR THE EXECUTION OF AN COMMUNITY BENEFIT LEASE AGREEMENT BY AND
BETWEEN THE CITY OF GUADALUPE AND THE BOYS & GIRLS CLUBS OF CENTRAL COAST, DBA BOYS AND GIRLS’ CLUBS OF MID CENTRAL COAST
WHEREAS, since 1966, Boys & Girls Clubs of Mid Central Coast (BGCMCC) has had a strong reputation for providing safe, educational, and fund programs for local youth between the ages of 6-18 serving local youth now expanded to two counties and 13 sites; and
WHEREAS, it is estimated that 37% of Guadalupe’s population is under the age of 18 years; and WHEREAS, in 1998, the BGCMCC provided sports leagues in the City owned Le Roy Park facility, but the building became dilapidated and unusable due to the existence of mold, HVAC and structural issues; and WHEREAS, the City secured over $5 million in grant funds to remodel the Le Roy Park facility that is now usable today; and
WHEREAS, after the completion of this facility, the City started discussions about the development of a mutual agreement with the BGCMCC for said services; and WHEREAS, since the City has limited personnel and general fund budget, it was determined that the BGCMCC is the only nonprofit capable of providing the level of services needed for its youth much needed youth programs; and
WHEREAS, the BGCMCC will serve as the facility’s manager in partnership with the City to ensure the facility is made available to all applicable uses outside of the BGCMCC’s normal hours (Mondays-Fridays from 10 a.m. to 6 p.m. and Saturdays from 9 a.m. to 1 p.m.); and WHEREAS, the BGCMCC is not required to pay any rent to the City; however, the BGCMCC will pay for all utilities and will provide for an investment to the facility for Networks and Wireless Access Points, Surveillance, Security System, and Key Safe; and
WHEREAS, the City deems it advantageous to itself to lease said property to the BGCMCC an initial term of 10 years that will begin as of November 8, 2022, and end on November 7, 2032; and WHEREAS, the BGCMCC has the right to extend the lease for up to four (4) additional 10 years at the sole option of the BGCMCC (provided that the BGCMCC is not in default of any provisions (s) of the lease) and gives the City 60-days’ written notice of it intention to exercise its options.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Guadalupe as follows:
ATTACHMENT 1
SECTION 1: The City the community benefit lease agreement by and between the City of Guadalupe and the Boys & Girls Clubs of Central Coast, DBA Boys and Girls’ Clubs of Mid Central Coast (attached to the staff report for this item as Attachment 1) is hereby approved.
SECTION 2: The Mayor is authorized to sign this lease 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 8th day of November 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. 2022-99 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held November 8, 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
COMMUNITY BENEFIT LEASE AGREEMENT
by and between
CITY OF GUADALUPE,
a municipal corporation “Landlord”
and
Boys & Girls Clubs of the Central Coast,
DBA Boys & Girls Clubs of Mid Central Coast
a California non-profit public benefit corporation “Tenant” ATTACHMENT 2
COMMUNITY BENEFIT LEASE AGREEMENT
THIS COMMUNITY BENEFIT LEASE AGREEMENT (“this Lease”) is made effective this day of November 8, 2022, by as and between the CITY OF GUADALUPE, a municipal corporation (“Landlord”), and BOYS & GIRLS CLUBS OF THE CENTRAL COAST, a California non-profit public benefit corporation (“Tenant”). Landlord and Tenant are sometimes individually referred to as a “Party” and jointly as the “Parties.”
R E C I T A L S
A. Landlord owns, certain real property located in the City of Guadalupe, County of Santa Barbara, as follows: that certain real property, commonly identified as 4689 11th St., Guadalupe (APN 468-993-434) (“Property”), improved with a community center used for community purposes (“Building”), with adjacent improved park and landscaping, and parking. The building and abutting landscaped areas is the subject of this Lease and is also referred to as the “Premises.”
B. Tenant is a non-profit corporation currently conducting activities for the benefit of community youth.
C. The Parties desire to enter into a written lease agreement and to confirm the rights and obligations of both Parties therein. Pursuant to the terms of this Lease, Landlord desires to lease to Tenant, and Tenant desires to lease from Landlord, the Premises, for Tenant’s and community’s use benefiting the community.
NOW, THEREFORE, in consideration of the above Recitals and the mutual promises of the Parties set forth in this Lease, Landlord and Tenant hereby agree as follows:
1. LEASE OF PREMISES; CONDITION OF PREMISES.
1.1. Lease. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises solely for the uses specified in Section 4.
1.2. Condition of Premises. Tenant acknowledges it has and shall accept the Premises from Landlord in its “AS IS” condition without representation or warranty, with the understanding Tenant has inspected the premises and is aware of its condition.
1.3. Monthly Report. Tenant shall provide a monthly report to the City Recreation Commission to include 90-day future rental and usage schedule, number of youths served, Building access control change log and Tenant programs provided in the past month.
2. EFFECTIVE DATE; TERM.
2.1. Effective Date. This Lease shall be deemed effective as of November 8, 2022 (“Effective Date”). All other Tenant’s rights and obligations under this Lease shall commence as of the Effective Date.
2.2. Term. The initial term of this Lease shall commence on the Effective Date for a fixed term of ten years, and terminate, without notice, at midnight on November 8, 2032 (“Initial Term”). Tenant has the option of extending the Initial Term for four (4) consecutive ten-year period (“Extended Term”). To extend the Initial Term and exercise its option for each Extended Term, Tenant must not be in default under this Lease and have given Landlord 60-days’ written notice of Tenant’s desire to extend the Initial Term or Extended Term, as applicable.
3. RENT & PERFORMANCE STANDARDS.
3.1. Monthly Rent. Landlord agrees Tenant shall not pay any rent under this Lease. The parties agree to the rent in exchange for the valuable services Tenant will provide to the City of Guadalupe and its residents as described herein.
3.2. Performance Standards. As material consideration for this Lease, Tenant covenants to comply with the following requirement (“Performance Standard”):
a. in partnership with the Recreation Services Manager, or other person as designated by Landlord, ensure the Building is made available to all applicable community uses outside normal Tenant usage hours. a. in partnership with the City, proactively manage the Building, including scheduling all available rooms in the Building, managing the City approved rental application process, staffing the Building during the agreed upon hours of operation, and providing custodial services. b. vigorously operate within the framework of Tenant’s board approved safety policies, which surpass all state and federal laws regarding child safety and mandated reporting.
https://centralcoastkids.org/safety/safety-policies/
c. diligently maintain and repair the Premises, in compliance with Section
7.1. d. provide Recreation Services Manager a written monthly report that includes 90-day future rental & usage schedule, number of youths served, Building access control change log and Tenant programs provided for that previous month.
e. provide a quarterly report to Guadalupe City Council including number of youths served, youth demographics & programs provided.
3.3. Payment of Obligations. All monetary obligations to be paid by Tenant to Landlord shall be in lawful money of the United States of America at the address specified in Section 26.12, or such other address as Landlord shall notify Tenant in writing.
3.4. Security Deposit. Tenant is not required to provide, and has not provided, a security deposit to Landlord.
4. USES.
4.1. Authorized Uses; Minimum Program Requirements.
4.1.1. Authorized Uses. Tenant shall manage the community center on behalf of, and in partnership with the City, benefiting the community of Guadalupe.
Working directly with the Recreation Services Manager and frequently enough to keep the Recreation Services Manager reasonably informed and to ensure any Building management issues are addressed, review Building access scheduling and the building is operating smoothly.
Tenant shall use the Premises to provide benefit to the community youth, as follows: services and activities to include academic enrichment; art programs; character and leadership development; drama instruction; organized sports; health and life skills; and community service projects, for students in K through 12th grade. As material consideration for this Lease, Tenant agrees to use the Premises and conduct all its operations on the Premises under the designation of The Boys & Girls Clubs of Mid Central Coast or any successor organizational name.
On behalf of the City, the Tenant, using the City approved rental application process, shall facilitate third parties to hire the Premises for a short-term use, including, but not limited to birthday parties, weddings, or receptions; provided, that all other terms and conditions of this Lease are met. The Tenant shall receive a fee for its staffing, custodial services and other costs associated with its rental services if such services are provided by Tenant.
The fee shall be agreed to by Tenant and Landlord, but shall be no less than the amount Tenant must pay to furnish its services described herein.
Tenant shall also work with and coordinate with the Recreation Services Manager for use of the Building outside of Tenant’s hours of operations (set forth in Section 4.1.2) when the City wishes to make use of the Building for its purposes and when the City wishes to allow use of the Building by nonprofit organizations on terms acceptable to the City.
4.1.2. Hours of Operation. Tenant shall operate Monday through Friday 10 am - 6 pm and Saturday 9 am - 1pm. Tenant shall choose whether or not to operate on holidays. Tenant shall also be able to use the Premises or rent it outside of its normal hours of operations in accordance with City approved rental or use processes.
4.2. Prohibited Uses. Tenant shall not use, or permit the Premises, or any part thereof, to be used for any purpose or purposes other than those express uses specified in Section
4.1 or permitted herein.
Tenant shall not sell or permit to be displayed, performed, sold, kept, or used in or about the Premises anything which may be prohibited by standard forms of fire insurance policies.
Tenant shall not violate any requirements, pertaining to the use of the Premises, of any insurance organization or company necessary for the maintenance of reasonable fire and public liability insurance, covering the buildings within the Premises and appurtenances.
Tenant shall not allow any animals on the Premises except service dogs as defined in federal and state law.
Tenant shall not permit smoking or vaping on any portion of the Premises.
Tenant shall not commit, or suffer to be committed, any waste upon the Premises, or any nuisance or other act or thing which may disturb the quiet enjoyment of any other tenant or occupant of the Premises or any adjacent premises.
Tenant shall not engage in any activity in, on or about the Premises that violates any Environmental Law (as defined below), and shall promptly, at Tenant’s sole cost and expense, take all investigatory and/or remedial action required or ordered by any governmental agency or Environmental Law for clean-up and removal of any contamination involving any Hazardous Material created or caused directly or indirectly, by Tenant. The term “Environmental Law” shall mean any federal, state or local law, statute, ordinance or regulation pertaining to health, industrial hygiene or the environmental conditions on, under or about the Premises, including, without limitation, (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”), 42U.S.C. Sections 9601, et seq.; (ii) the Resource Conservation and Recovery Act of 1976 (“RCRA”), 42 U.S.C. Sections 6901, et seq.; (iii) California Health and Safety Code Sections 25100, et seq.; (iv) the Safe Drinking Water and Toxic Enforcement Act of 1986, California Health and Safety Code Section 25249.5, et seq.; (v) California Health and Safety Code Section 25359.7; (vi) California Health and Safety Code Section 25915; (vii) the Federal Water Pollution Control Act, 33 U.S.C. Sections 1317, et seq.; (viii) California Water Code Section 13000, et seq.; and (ix) California Civil Code Section 3479, et seq., as such laws are amended and the regulations and administrative codes applicable thereto. The term “Hazardous Material” includes, without limitation, any material or substance which is (i) defined or listed as a “hazardous waste”, “extremely hazardous waste”, “restrictive hazardous waste”, “or “hazardous substance” or considered a waste, condition of pollution or nuisance under the Environmental Laws; (ii) petroleum or a petroleum product or fraction thereof; (iii) asbestos; and/or (iv) substances known by the State of California to cause cancer and/or reproductive toxicity. It is the intent of the Parties hereto to construe the terms “Hazardous Materials” and “Environmental Laws” in their broadest sense. Tenant shall provide all notices required pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986, California Health and Safety Code Section 25249.5, et seq. Tenant shall provide prompt written notice to Landlord of the existence of Hazardous Materials on the Premises and all notices of violation of the Environmental Laws received by Tenant. Notwithstanding the foregoing, Tenant is not responsible for the remediation or removal of any Hazardous Materials which Tenant did not directly or indirectly cause to be placed at the Premises.
4.3. Abandonment. Tenant shall not vacate or abandon the Premises at any time during the Initial Term or Extended Term, as applicable, of this Lease. Upon termination of this Lease for any reason, any personal property belonging to Tenant and left on the Premises shall be deemed to be abandoned and, at the option of Landlord, shall become the property of Landlord after notice to Tenant as required by law.
5. REAL ESTATE TAXES. Tenant shall pay any and all real property taxes applicable to Tenant’s possessory interest in the Premises. All such payments shall be made at least ten days prior to the due date of the applicable installment. Tenant shall promptly (at least five days prior to the due date) furnish Landlord with satisfactory evidence that such taxes have been paid. If any such taxes to be paid by Tenant shall cover any period of time after the expiration or earlier termination of the Initial Term and Extended Term, as applicable, hereof, then Tenant’s share of such taxes shall be equitably prorated to cover only the period of time within the tax fiscal year that this Lease is in effect, and Tenant may apply to the County for reimbursement of any overpayments after such proration. Notwithstanding anything above to the contrary, to the extent any assessment is levied against the Premises payable in installments, Tenant shall pay all installments coming due and payable during the Initial Term and Extended Term, as applicable of this Lease.
Tenant acknowledges although Landlord is a municipal entity exempt from real property taxes, Tenant’s possessory interest under this Lease may be subject to real property taxation.
Upon request, Landlord agrees to work with Tenant to assist in providing information to the County Tax Assessor to reduce the valuation of Tenant’s possessory interest in the Premises.
Landlord provides no assurance to Tenant that it will be successful in such efforts and that Tenant may be required to pay real property taxes.
6. PERSONAL PROPERTY TAXES. During the Initial Term and Extended Term, as applicable, Tenant shall pay prior to delinquency all taxes assessed against the levied upon fixtures, furnishings, equipment, and all other personal property owned by Tenant (excluding Landlord’s personal property) located in the Premises, and when possible, Tenant shall cause said fixtures, furnishings, equipment, and other personal property to be assessed and billed separately from Landlord’s personal property. In the event any or all of Tenant’s fixtures, furnishings, equipment, and other personal property shall be assessed and taxed with Premises, Tenant shall pay its share of such taxes within ten (10) days after delivery to Tenant by Landlord of a statement in writing setting forth the amount of such taxes applicable to Tenant’s property.
7. MAINTENANCE AND REPAIRS.
7.1. Maintenance and Repair by Tenant. Except the specific maintenance obligations of Landlord as set forth in Section 7.2, Tenant shall at all times during the Initial Term and Extended Term, as applicable, and at Tenant’s sole cost and expense, keep, maintain, and repair the Premises in good and sanitary order and condition. Such obligations shall include, but not be limited to, any equipment installed by Tenant, signs installed by Tenant, floor coverings, wall-coverings, entry and interior doors, exterior and interior glass, light fixtures, bulbs, locks, fire extinguishers, furnishings (such as seating, carpeting and drapes, mirrors, and interior repainting), keeping the Premises free of pests and rodents, painting over/removal of graffiti on the exterior of the Building, and landscaping in the immediate area surrounding the Building defined as the Premises herein, but not any portion of the park area.
Tenant shall also hire a cleaning service/custodian, who shall keep the Premises in good and sanitary order on a daily basis.
Tenant shall maintain a written record to evidence the regular performance of maintenance and upkeep of the facility consistent with the maintenance standards.
Upon termination of this Lease, the Premises shall be surrendered in a good, clean, and sanitary condition except for reasonable use and wear. Tenant agrees to surrender the Premises in its original condition, together with all additional improvements or alternations, which have been approved by Landlord and installed by Tenant pursuant to Section 8.1. If Landlord wants to reserve the right to require Tenant to remove any such additional improvements upon the expiration or earlier termination of this Lease, Landlord must reserve such right in its notice of approval. If Tenant is required to remove any improvements from the Premises upon termination of this Lease, then Tenant shall do so at Tenant’s sole cost and expense, and Tenant will repair any damage to the Premises caused by such removal. Tenant shall promptly notify Landlord in writing of any condition in the Premises that require repairs by Landlord (“Repair Notice”), which shall be made by Landlord, subject to Section 7.2.
Tenant shall establish a reserve maintenance fund within one year of the commencement date of the Lease. The reserve fund will be exclusively the Tenant’s asset, but used for the Tenant’s maintenance obligations in this Section 7.2. Tenant acknowledges Tenant’s maintenance obligations under this Section are material consideration to Landlord for this Lease and, therefore, this Section 7.1 shall be construed liberally for the protection and preservation of the Premises.
7.2. Limited Maintenance and Repair by Landlord. Landlord shall only be responsible to maintain in good repair and in compliance with all applicable laws, ordinances, and regulations, at Landlord’s sole cost and expense, only (i) the physical structure of the Premises, such as the structural elements, roof, plumbing, water heating system, electrical systems, HVAC equipment, exterior landscaping and exterior painting, fire suppression system, and (ii) subject to the sole discretion of Landlord’s City Council.
If the City Council does not approve that maintenance and that deems the Premises uninhabitable, then this Lease shall automatically terminate when Tenant vacates the Premises due to that uninhabitability.
Notwithstanding the foregoing, Landlord shall not be required to make repairs necessitated by reason of (i) the negligence or willful misconduct of Tenant, or any of Tenant’s staff, volunteers, students, contractors, invitees, patrons, or customers; (ii) by reason of the failure of Tenant to perform or observe and promptly report to Landlord any conditions the repair of which are Landlord’s responsibility; or (iii) by reason of the failure of Tenant to perform or observe the conditions or agreements in this Lease, or caused by unauthorized alterations, additions or improvements made by Tenant or anyone claiming under Tenant (collectively the Tenant Caused Damages). Tenant shall be solely responsible, at its sole cost and expense to repair any Tenant Caused Damages.
Upon receipt of a Repair Notice, Landlord shall have a reasonable period of time to decide whether to commence the repairs and then to commence the repairs. Upon commencement of repairs, Landlord shall use reasonable efforts to diligently complete same. Tenant and Landlord shall jointly conduct an annual inspection of the Premises every March to aid Landlord in determining if any repairs by Landlord may be necessary.
Any renovation work performed by Landlord to the Premises shall not unreasonably interfere with Tenant’s operations.
8. ALTERATIONS
8.1 To Premises. Except for the items listed below in this Section, which Tenant has agreed to perform as part of the valuable consideration for this Lease, Tenant shall not make any alterations to the Premises, or any part thereof, without the prior written consent of Landlord.
If Tenant wishes to make additional improvements to the Premises, then Tenant shall notify Landlord in writing specifying in reasonable detail the proposed alterations and the cost thereof. Within thirty (30) days after receiving such notice from Tenant, Landlord shall send written notice to Tenant indicating whether Landlord approves or disapproves of the contemplated improvements. The City Administrator may act on behalf of Landlord for approvals or disapprovals under this Section unless approval by the City Council is required by law or requested by the City Administrator. Landlord’s approval shall not be unreasonably withheld, and any disapproval shall be in writing and shall explain the reasons for the denial.
However, as a condition to granting its approval to any of the improvements, Landlord may require Tenant to provide Landlord with reasonably satisfactory evidence of Tenant’s financial ability to pay for the costs of the improvements and may require a completion bond be provided to Landlord or other security reasonably acceptable to Landlord. Any such alterations shall comply with all applicable laws and regulations. All improvements (excluding minor improvements as determined by Landlord) which are approved by Landlord shall be under the supervision of a licensed architect or structural engineer (at Tenant’s cost) and made in accordance with plans and specifications approved in writing by Landlord prior to the commencement of such work. All work shall be done in a good and workmanlike manner, diligently prosecuted to completion, and paying of prevailing wages if required by law. All such improvements shall immediately be deemed a part of the Premises and may not be removed by Tenant. Prior to commencing any work of improvement hereunder, Tenant shall notify Landlord so that Landlord can post and record an appropriate Notice of NonResponsibility.
These following alterations will be added to the Building at the expense of the Tenant without further approval of Landlord as required in this Section:
8.1.1 Network and Wireless Access Points. Tenant shall install a computer network including internet access and secure wireless access points throughout the Building.
8.1.2 Surveillance. Tenant shall install video and audio surveillance, including motion sensing flood lights, for the safety of the Building and those who use the Building.
Surveillance system will be operated in strict accordance to our published safety policies: https://centralcoastkids.org/safety/safety-policies/ f.
8.1.3 Security System. Tenant shall install a security system including motion sensors, door and window sensors for the protection of the Building and its contents. The Recreation Services Manager will be assigned an access code to the security system.
Security system will be operated in strict accordance to our published safety policies:
https://centralcoastkids.org/safety/safety-policies/
8.1.4 Key Safe. Tenant shall install a key safe containing copies of all keys for the Building.
Recreation Services Manager will be provided a master key to the Building. Key safe will be operated in strict accordance to our published safety policies:
https://centralcoastkids.org/safety/safety-policies/
8.1.5 Primary Entry. Tenant shall work with the Landlord and the appropriate design professionals (Architecture & Engineering) to create a secure and safe entry way into the Building.
9. COMPLIANCE WITH LAWS. Except as to the specific obligations of Landlord under Section 7.2, Tenant shall, at its sole cost and expense, comply with all of the requirements of all municipal, state and federal authorities now in force or which may hereafter be in force pertaining to the use of the Premises, and shall faithfully observe in said use all municipal ordinances, including, but not limited to, the general plan and zoning ordinances, state and federal statutes, or other governmental regulations now in force or which shall hereinafter be in force. The judgment of any court of competent jurisdiction, or the admission of Tenant in any action or proceeding against Tenant, whether Landlord be a party thereto or not, that Tenant has violated any such order or statute in said use, shall be conclusive of that fact as between Landlord and Tenant.
10. INSURANCE.
10.1. Landlord to Provide Property Insurance. Landlord shall maintain, at Landlord’s sole cost and expense, fire, and excess coverage insurance throughout the term of this Lease, on all buildings and improvements located on the Premises (and fixtures thereto), in an amount equal to one hundred percent of the replacement value of the Premises, together with such other insurance, coverages and endorsements as Landlord may determine in its sole discretion. Landlord shall be able to self-insure for this coverage. Tenant hereby waives any right of recovery from Landlord, its officers and employees, and Landlord hereby waives any right of loss or damage (including consequential loss) resulting from any of the perils insured against as a result of said insurance.
10.2. Tenant’s Insurance Obligations.
10.2.1. Liability Insurance. During the entire term of this Lease, Tenant shall, at Tenant’s sole cost and expense, for the mutual benefit of Landlord and Tenant, maintain comprehensive general liability insurance insuring against claims for bodily injury, death or property damage occurring in, upon or about the Premises, written on a per occurrence basis in an amount not less than either (i) a combined single limit of Two Million Dollars ($2,000,000) for bodily injury, death, and property damage or (ii) bodily injury limits of Five Hundred Thousand Dollars ($500,000) per person, One Million Dollars ($1,000,000) per occurrence and One Million Dollars ($1,000,000) products and completed operations and property damage limits of Two Hundred Fifty Thousand Dollars ($250,000) per occurrence and One Million Dollars ($1,000,000) in the aggregate.
10.2.2. Worker’s Compensation Insurance. Tenant shall, at Tenant’s sole cost and expense, maintain a policy of worker’s compensation insurance in an amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both Tenant and Landlord against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by Tenant in the course of conducting Tenant’s business in the Premises.
10.2.3. Business Automobile Coverage Insurance. Tenant shall, at Tenant’s sole cost and expense, for the mutual benefit of Landlord and Tenant, maintain Business Auto Coverage on ISO Business Auto Coverage from CA 00 01 including symbol 1 (Any Auto) or the exact equivalent, with combined single limits of liability not less than One Million Dollars ($1,000,000) per accident. If Tenant owns no vehicles, then this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described above. If Tenant or Tenant’s employees will use personal autos in any way for the operation of any business on the Premises, then Tenant shall provide evidence of personal auto liability coverage for each such person.
10.2.4. General Provisions. All of the policies of insurance required to be procured by Tenant pursuant to this Section 10.2 shall be primary insurance and shall name Landlord as additional insureds. All policies shall waive all rights of subrogation and provide that said insurance may not be amended or canceled without providing thirty-days’ prior written notice by registered mail to Landlord. Within ten business days after execution of this Lease by the last Party to sign, and at least thirty days prior to the expiration of any insurance policy, Tenant shall provide Landlord with certificates of insurance and full copies of the insurance policies evidencing the mandatory insurance coverages written by insurance companies acceptable to Landlord, licensed to do business in California and rated A:VII or better by Best’s Insurance Guide. Landlord may require an increase in the coverage and/or the types of coverage from time to time upon written notice to Tenant. Each of the Parties, on behalf of their respective insurance companies insuring such property of either Landlord or Tenant against such loss, waive any right of subrogation that it may have against the other.
11. INDEMNIFICATION. Tenant shall indemnify, protect, defend and hold harmless the Premises, Landlord and its managers, officers, directors, members, employees, agents, contractors, partners and lenders, from and against any and all claims, and/or damages, costs, liens, judgments, penalties, permits, reasonable attorneys’ and consultant’s fees, expenses and/or liabilities arising out of, involving, or in dealing with, the occupancy of the Premises by Tenant, the conduct of Tenant’s business, any act, omission or neglect of Tenant, its officers, directors, members, employees, agents or contractors, and out of any breach by Tenant in the performance in a timely manner of any obligation on Tenant’s part to be performed under this Lease, except for matters which are the result of Landlord’s negligence, intentional wrongful acts, willful misconduct or default of this Lease. The foregoing shall include, but not be limited to, all costs of the defense or pursuit of any claim or any action or proceeding involved therein, and whether or not (in the case of claims made against Landlord) litigated and/or reduced to judgment. In case any action or proceeding is brought against Landlord by reason of any of the foregoing matters, Tenant upon notice from Landlord shall defend the same at Tenant’s expense by counsel reasonably satisfactory to Landlord and Landlord shall cooperate with Tenant in such defense. Landlord need not have first paid any such claim in order to be so indemnified. In addition, Landlord may require Tenant to pay Landlord’s attorneys’ fees and costs in defending against or participating in such claim, action or proceeding if Landlord shall decide, in its exercise of reasonable judgment, it is unsatisfied with the representation of its interest by Tenant or its counsel.
Landlord shall not be liable for injury or damage to the person or goods, wares, merchandise or other property of Tenant, Tenant’s employees, contractors, invitees, customers, or any other person in or about the Premises, whether such damage or injury is caused by or results from fire, earthquake, flood, terrorism, steam, electricity, gas, water or rain, or from the breakage, leakage, obstruction or other any other cause, whether the said injury or damage results from conditions arising upon the Premises or from other source or places except if such injury or damage is the result of the gross negligence or willful misconduct of Landlord or Landlord’s employees, contractors or agents.
12. NO LIENS. Tenant shall keep the Premises, free from any liens arising out of any work performed, material furnished, or obligation incurred by Tenant or alleged to have been incurred by Tenant. If Tenant shall fail to pay any charge for which a mechanic’s lien claim and suit to foreclose the lien have been filed, and shall not have obtained the release of said lien from the property subject to such lien, Landlord may (but shall not be so required to) pay said claim and any costs, and the amount so paid, together with reasonable attorneys’ fees incurred in connection therewith, shall be immediately due and owing from Tenant to Landlord, together with interest at the rate prescribed in Section 26.5, on the amount of the mechanic’s lien claim.
13. SIGNS. Tenant shall not place or permit to be placed any signs upon the exterior or in the windows of the Premises without Landlord’s prior written consent. Any sign installed without such approval shall be immediately removed by Tenant and, if said sign is not removed by Tenant within three days after written notice from Landlord to Tenant, then Landlord may remove and destroy the sign without Tenant’s approval and without any liability to Tenant.
Tenant shall not modify or alter any of the signs without the prior written approval of Landlord’s City Administrator or designee, which approval shall not be unreasonably withheld or delayed. Landlord shall reply to any proposed alteration within fourteen days from submission. Any revision shall comply with the Guadalupe Municipal Code requirements related to signage prior to any revisions actually being made to the signs. Tenant shall maintain the signs in good condition and repair at all times during the entire term at its sole cost and expense.
13.1. Tenant shall install a City approved signage, including a monument, at entry and on the main door, indicating the “Boys & Girls Clubs of Mid Central Coast: Ron Estabillo Clubhouse at Le Roy Park”. All signage will be in accordance to the Guadalupe Sign Ordinance and approved by the Landlord.
14. UTILITIES.
14.1. Tenant’s Responsibilities. Tenant shall pay, before delinquency, all charges for water, gas, heat, electricity, power, sewer, telephone service, internet, solid waste collection and all other services and utilities used in, upon, or about the Premises during the entire term of this Lease. Tenant shall pay such fees, assessments or charges as may be levied for the operation, maintenance and service of such facilities and shall comply with reasonable rules and regulations established from time to time for use thereof.
Tenant shall insure trash and debris produced by the activities on Premises do not accumulate on the Premises.
15. ENTRY AND INSPECTION. Tenant shall permit Landlord and its employees and agents to enter into and upon the Premises at all reasonable times for the purpose of inspecting the same, or for the purpose of making repairs, alterations or additions or performing the improvements to any portion of said building(s), including the erection and maintenance of such scaffolding, canopy, and fences as may be required, or for the purpose of posting notices of nonresponsibility for alterations, additions or repairs, or for the purpose of placing upon the Premises any usual or ordinary signs for public safety as determined by Landlord. Landlord shall be permitted to do any of the above without any liability to Tenant for any loss of occupation or quiet enjoyment of the Premises thereby occasioned. Landlord shall make reasonable efforts to coordinate times for any repairs deemed necessary with Tenant to reduce to the extent practicable any interference with Tenant’s use of the Premises.
16. DAMAGE AND DESTRUCTION.
16.1. Notice to Landlord. Tenant shall give prompt notice to Landlord in case of any fire or other damage to the Premises.
16.2. Partial Casualty to Premises. In the event the Building located on the Leased Premises is damaged by fire or other perils then:
A. In the event of total destruction, this Lease will terminate.
B. In the event of partial destruction, and if the damage thereto is such that the Building may be repaired, reconstructed, or restored within a period of one hundred eighty (180) days from the date of such partial destruction, Lessor shall commence and proceed diligently with the work of repair reconstruction and restoration and this Lease shall continue in full force and effect. If the total time for reconstruction shall exceed one hundred eighty (180) days from the date of such destruction, Lessee shall have the option to terminate this Lease. In either event, Lessor shall give Lessee written notice of Lessor's intention within thirty (30) days of the destruction.
16.3. Reconstruction. In the event of any reconstruction of the Premises under this Section 16, Landlord shall be obligated to reconstruct the Premises only to the extent of the condition of the Premises prior to the damage.
16.4. Termination. Upon any termination of this Lease under any of the provisions of this Section 16, the Parties shall be released thereby without further obligations to the other Party coincident with the surrender of possession of the Premises to Landlord, except for obligations, which have theretofore accrued and be then unpaid, and except for Tenant’s obligations under Section 11.
16.5. Determination of Percentage of Damage or Destruction. If either Landlord or Tenant contends the percentage of the damage or destruction referred to above exceeds one-year’s rent total and the other Party disagrees, then the determination of the percentage shall be made in writing by a senior officer of the insurance company that is to make insurance proceeds available for replacement or repair. If said insurance company elects not to render such a determination in a timely manner, or no determination is rendered for any other reason, then, in such event, upon fifteen- days’ prior written notice to Tenant, Landlord’s determination shall be deemed the agreed upon determination of the damage or destruction.
17. ASSIGNMENT AND SUBLETTING. Tenant shall not sublet the Premises or assign this lease without the written consent of Landlord.
18. DEFAULT AND REMEDIES; TERMINATION.
18.1. Default by Tenant. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant:
(i) Failure to perform any provision of this Lease (other than the payment of money) if the failure to perform is not cured within thirty days after receiving written notice of the default from Landlord. If the default cannot be reasonably cured within thirty days, then Tenant shall not be in default of this Lease if Tenant commences to cure the default within the thirty-day period and diligently and in good faith continues to cure the default and cures it within one hundred eighty days after commencement. (ii) Failure of Tenant to meet or comply with the Performance Standard. (iii) Vacation or abandonment of the Premises by Tenant for more than 15 days unless the vacation or abandonment is as a result of a required closure by a governmental entity.
(iv) Making a general assignment for the benefit of creditors. (v) Filing of a voluntary petition in bankruptcy or the adjudication of Tenant as a bankrupt.
(vi) Appointment of a receiver to take possession of all or substantially all the assets of Tenant located at the Premises or of Tenant’s leasehold interest in the Premises.
(vii) Filing by any creditor of Tenant of an involuntary petition in bankruptcy which is not dismissed within sixty (60) days after filing. (viii) Attachment, execution, or other judicial seizure of all or substantially all the assets of Tenant or Tenant’s leasehold where such an attachment, execution or seizure is not discharged within sixty (60) days.
In the event of any such default or breach by Tenant, Landlord may at any time thereafter, without further notice or demand, rectify or cure such default, and any sums expended by Landlord for such purposes shall be paid by Tenant to Landlord upon demand. In the event of any such default or breach by Tenant, Landlord shall have the right to continue the lease in full force and effect and enforce all of its rights and remedies under this Lease, or Landlord shall have the right at any time thereafter to elect to terminate the Lease and Tenant’s right to possession thereunder. Upon such termination, Landlord shall have the right to recover from Tenant any damages incurred by Landlord as a result of the termination. Such efforts as Landlord may make to mitigate the damages caused by Tenant’s breach of this Lease shall not constitute a waiver of Landlord’s right to recover damages against Tenant hereunder.
Notwithstanding any of the foregoing, the breach of this Lease by Tenant, or an abandonment of the Premises by Tenant, shall not constitute a termination of this Lease, or of Tenant’s right of possession hereunder, unless and until Landlord elects to do so, and until such time Landlord shall have the right to enforce all of its rights and remedies under this Lease. Failure of Landlord to terminate this Lease shall not prevent Landlord from later terminating this Lease or constitute a waiver of Landlord’s right to do so.
18.2. No Waiver. Acceptance of any performance under this Lease shall not be deemed a waiver of any default or a waiver of any of Landlord’s remedies.
18.3. Landlord’s Default. Except as may be elsewhere expressly provided in this Lease, Landlord shall not be in default unless Landlord fails to perform obligations required of Landlord within a reasonable time, but in no event later than thirty days after written notice by Tenant to Landlord, specifying wherein Landlord has failed to perform such obligation; provided, however, that if the nature of Landlord’s obligation is such that more than thirty days are required for performance then Landlord shall not be deemed in default if Landlord commences performance within the thirty (30) day period and thereafter diligently prosecutes the same to completion.
18.4. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity, except Tenant i) cannot seek money damages or pursue an action in law; and ii) is instead limited to bringing a proceeding in the nature of specific performance, injunctive relief or mandamus, or any other action in equity.
18.5. Termination.
18.5.1. The Parties acknowledge that this Lease shall be terminated immediately at the occurrence of any of the following events:
a. By expiration of the Lease;
b. By mutual agreement of both Parties; or
c. In the case of casualty as provided for in Section 16.
18.5.2. The Parties acknowledge this Lease may be terminated by Landlord upon if Tenant fails to meet the Performance Standard and fails to correct the violation of the Performance Standard after 30 days’ written notice from Landlord.
18.5.3. Termination of this Lease shall not extinguish Tenant’s obligations to pay taxes and of defense and indemnification.
19. FORCE MAJEURE. If either Party hereto shall be delayed or prevented from the performance of any act required hereunder by reason of acts of God, strikes, lockouts, labor troubles, pandemics, inability to procure materials, restrictive governmental laws or regulations or other cause without fault and beyond the control of the Party obligated (financial inability excepted), then performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay.
20. CONDEMNATION. In the event a condemnation or transfer in lieu thereof results in a taking of any substantial and/or material portion of the Premises, Landlord or Tenant may, upon written notice given to the other Party within thirty days after such taking or transfer in lieu thereof, terminate this Lease. In connection therewith, Landlord and Tenant acknowledge that:
a. Landlord (acting as the City of Guadalupe) possesses the power to take the Premises through eminent domain proceedings; and
b. The business to be conducted by Tenant upon the Premises is not a viable business without financial assistance from Landlord, therefore if Tenant must vacate the Premises, it will be extremely impractical, if not impossible, for Tenant to operate its business elsewhere. Therefore, upon such termination Tenant shall have the right to claim and recover from Landlord and/or the condemning authority only the amount equal to the value of any improvements installed by Tenant. Tenant shall not receive any value related to the leasehold value of the property which shall be paid solely to Landlord.
21. USE OF LANDLORD’S NAME. Tenant shall not use Landlord’s name for advertising or promotion without Landlord’s prior written consent which may be granted or withheld in its sole discretion.
22. TRADE FIXTURES. Tenant has the right to use the Landlord’s personal property located on the Premises, but Tenant shall, at its own cost and expense, install and equip the Premises with all furniture, fixtures, trade fixtures, equipment and personal property reasonably required for the operation of Tenant’s business. Any and all fixtures and appurtenances installed by Tenant shall conform with the requirements of all applicable laws and regulations. All furniture, equipment, and trade fixtures installed by Tenant shall remain the property of Tenant during the Initial Term and Extended Term. On termination of this Lease, Tenant may, provided Tenant is not in default of this Lease, remove at its own expense all trade fixtures, equipment, and its personal property. At termination of this Lease, if Tenant has left any merchandise, furniture, equipment, signs, trade fixtures or other personal property in the Premises, Landlord may give Tenant written notice to remove such property. In the event such property is not removed within fifteen days after the date of said notice, Landlord may dispose of said property in any manner whatsoever and Tenant hereby waives any claim or right to said property or any proceeds derived from the sale thereof. Any damage to the Premises resulting from the installation or removal of any of said trade fixtures or equipment shall be repaired by Tenant at Tenant’s sole cost and expense.
23. QUIET ENJOYMENT. As long as Tenant is not in default under this Lease, Tenant shall have quiet enjoyment of the Premises during the Initial Term and Extended Term, as applicable.
24. HOLDOVER. Tenant has no right to retain possession of the Premises or any part thereof beyond the expiration or earlier termination of this Lease. Any holding over after the expiration of the Initial Term and Extended Term, as applicable, of this Lease, with the consent of Landlord, express or implied, shall be construed to be a tenancy from month to month, cancelable upon thirty-days’ written notice, and at a monthly rent equal to $500 per month and upon terms and conditions as existed during the last month of the Initial Term or extended Term, as applicable.
25. NOTICE AND WAIVER REGARDING RELOCATION, GOODWILL, PROPERTY
INTEREST AND CONDEMNATION
25.1. Tenant knowingly and voluntarily acknowledges and agrees upon its vacation of the Premises at the end of the Lease term, upon the sooner termination thereof for any reason, or vacation, of the Premises under any circumstances, in no event shall Tenant be entitled or shall Landlord, including its employees, agents and assignees, be required to provide any relocation benefits, compensation for loss of goodwill, or assistance under any applicable federal, state, or local laws or regulations including without limitation, the Uniform Relocation Assistance Laws, California Government Code Section 7260 et seq. Further, Tenant being fully informed of any and all of its rights and obligations and all laws and regulations (including without limitation, the Uniform Relocation Assistance Laws, California Government Code Section 7260 et seq.) in connection therewith fully waives, releases, and rejects any and all relocation assistance and benefits relating to or in any respect connected with Tenant vacating the Premises.
25.2. Tenant knowingly and voluntarily acknowledges and agrees upon its vacation of the Premises at the end of the Initial Term and Extended Term, as applicable, upon the sooner termination thereof for any reason, or vacation, of the Premises under any other circumstances, in no event shall Tenant be entitled or shall Landlord be required to provide any compensation or consideration to Tenant for the leasehold interest of Tenant, improvements pertaining to realty, personal property, fixtures and equipment, pre-condemnation damages, severance damages or interest and litigation expenses, whether based on condemnation, inverse condemnation or any other reason. Upon vacation of the Premises or termination of the Lease, Tenant knowingly waives and surrenders any claims or rights to the leasehold interest, improvements pertaining to realty, personal property, fixtures and equipment, pre-condemnation damages, severance damages or interest and litigation expenses.
26. MISCELLANEOUS.
26.1. Binding Effect; Choice of Law. This Lease shall be binding upon the Parties, their successors and assigns and be governed by the laws of the State of California. Any litigation between the Parties hereto concerning this Lease shall be initiated in the Superior Court of the State of California for the County of Santa Barbara.
26.2. Partial Invalidity. If any term, covenant, condition, or provision of this Lease is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereof.
26.3. Successors in Interest. The covenants herein contained shall, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of all the Parties hereto, and each and all, including the Party making the assignment, shall be jointly and severally liable hereunder.
26.4. No Oral Agreements. This Lease covers in full each and every agreement of every kind or nature whatsoever between the Parties hereto concerning this Lease, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein, and there are no oral agreements. Tenant acknowledges that no representations or warranties of any kind or nature not specifically set forth herein have been made by Landlord or its employees, agents, or representatives.
26.5. Interest. Any sum due to Landlord or Tenant under this Lease shall bear simple interest from and after its due date at a rate equal to ten percent (10%) per month until paid to Landlord, but not in excess of the maximum rate permitted by law.
26.6. Authority. Each individual executing this Lease on behalf of Tenant and Landlord represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of Tenant and Landlord and that this Lease is binding upon Tenant and Landlord in accordance with its terms.
26.7. Time. Time is of the essence of this Lease.
26.8. Consistency. Each provision herein shall be interpreted so as to be consistent with every other provision.
26.9. Relationship of Parties. The relationship of the Parties is that of Landlord and Tenant, and it is expressly understood and agreed that Landlord does not in any way or for any purpose become a partner of Tenant in the conduct of Tenant’s business or otherwise, or a joint venture with Tenant.
26.10. Non-Discrimination. Tenant herein covenants by and for Tenant, Tenant’s successors, heirs, executors, administrators and assigns, and all persons claiming under or through Tenant, and this Lease is made and accepted upon and subject to the following conditions: that there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the Premises, nor shall the Tenant, or any person claiming under or through Tenant, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, Tenants, subtenants, subtenants or vendees of the Premises.
26.11. Non-Collusion. No official, officer, or employee of Landlord has any financial interest, direct or indirect, in this Lease, nor shall any official, officer, or employee of Landlord participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation.
The determination of "financial interest" shall be consistent with State law and shall not include interest found to be "remote" or noninterest pursuant to California Government Code Sections 1091 and 1091.5. Tenant represents and warrants that (i) it has not paid or given, and will not pay or give, to any third party including, but not limited to, Tenant or any of its officials, officers, or employees, any money, consideration, or other thing of value as a result or consequence of obtaining this Lease; and (ii) it has not engaged in any act(s), omission(s), or other conduct orcollusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any official, officer, or employee of Landlord, as a result or consequence of obtaining this Lease. Tenant is aware of and understands that any such act(s), omission(s) or other conduct resulting in the payment of money, consideration, or other thing of value will render this Lease void and of no force or effect.
26.12. Notices. Wherever in this Lease it shall be required or permitted that notice and demand be given or served by either Party to this Lease to or on the other, such notice or demand shall be given or served in writing and shall not be deemed to have been duly given or served unless in writing, and personally served or forwarded by certified mail, postage prepaid, addressed as specified below. Either Party may change the address set forth below by written notice by certified mail to the other. Any notice or demand given by certified mail shall be effective one (1) day subsequent to mailing.
Landlord: City of Guadalupe
Attn: City Administrator
918 Obispo Street
Guadalupe, CA 93434
Tenant: Boys & Girls Clubs of the Central
Coast Attn: Chief Operating Officer
901 North Railroad Avenue
Santa Maria, CA 93458
with a copy to:
Stephens & Stephens LLP
P.O. Box 1454
Santa Maria, CA 93456
26.13. Amendments. This Lease may be modified or amended only in writing executed by both Parties and approved by Landlord in accordance with applicable law.
26.14. Exhibits. Exhibit A is attached hereto and incorporated herein by reference.
26.15. Acknowledgement of Content. Each Party acknowledges they have read and fully understand the contents of this Lease and have had an opportunity to consult with an attorney regarding the same. This Lease represents the entire and integrated agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, representations, or agreements, either written or oral.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the Parties have duly executed this Lease on the day and year first above written in Guadalupe, California.
LANDLORD: TENANT:
CITY OF GUADALUPE,
a municipal corporation
By:
Todd Bodem, City Administrator
, 2022
ATTEST:
Amelia Villegas, City Clerk
APPROVED AS TO FORM:
By:
Philip Sinco, City Attorney
BOYS & GIRLS CLUBS OF THE
CENTRAL COAST, a California nonprofit public benefit corporation By:
Michael Boyer, CEO
, 2022
(Attach Notary Acknowledgements for Tenant)
EXHIBIT A
DESCRIPTION AND DEPICTION OF
PREMISES
01181.0001/787029.2
1 Agenda Item No. 11
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of November 8, 2022
_Hannah Sanchez_______________ __________________________________ Prepared by: Approved by:
Hannah Sanchez, Recreation Services Manager Todd Bodem, City Administrator SUBJECT: Cosecha Guadalupe - Guadalupe Farmers Market
RECOMMENDATION:
It is recommended that City Council choose from one of the following options:
• Allow Cosecha Guadalupe access to the Veteran’s Memorial Plaza free of charge including use of utilities;
OR
• Pro-rate rental fees and utilities for Cosecha Guadalupe’s use of Veteran’s Memorial Plaza; OR
• Allow Cosecha Guadalupe access to Le Roy Park free of charge including use of utilities; OR
• Pro-rate rental fees and utilities for Cosecha Guadalupe’s use of Le Roy Park.
BACKGROUND:
Various groups within Guadalupe have been working over the years to find a way to provide the city with a Farmers Market. One of the groups is an organization referred to as FRESA (Food Resiliency, Equity, Sustainability, & Action). FRESA has spent a couple of years researching and documenting the feasibility of a Farmers' Market in Guadalupe. They are also involved in advocating for quality food access in Northern Santa Barbara County. Guadalupe now has a working group to do the work of getting the Farmers' Market going that is separate from FRESA, however, FRESA and this group will be working together on the Farmers Market. The working group will give regular updates on their progress to FRESA at their monthly meetings. It is still a question whether the Guadalupe market will operate independently or under the umbrella of Route 1.
The working group has tentatively named the farmer’s market Cosecha Guadalupe. Located in the attachments is Cosecha Guadalupe’s proposal for the farmer’s market. 2 DISCUSSION:
The working group has tentatively named the farmer’s market Cosecha Guadalupe. The group is requesting the support from the city of the Farmers Market in a few ways. First, they are requesting that they be allowed to use the Veteran’s Memorial Plaza free of charge. Secondly, they are requesting that the city allow the market access to the electricity and water free of charge. Finally, they are requesting that they be allowed to keep a porta potty on site year-round as they are rented by the month. An additional request, if possible, is that the city pay for the cost of the porta potty rental. Located in the attachments is a letter from the group with all of their requests for the farmer’s market.
City staff recommends that the farmer’s market be held at Le Roy Park rather than Veteran’s Memorial Plaza. By using the plaza, it would limit the use of the free vehicle charging station and parking every Friday. If Le Roy was used, the parking on site would be designated specifically for the event. This would allow residents and visitors to still utilize the downtown parking to visit local businesses. This would mitigate possible traffic congestion or accidents. Additionally, there would be no need to rent a portable restroom as there are outdoor restrooms onsite.
FISCAL IMPACT:
As the use of utilities varies, I have included estimated costs for the use of Veteran’s Memorial Plaza for 6 months.
Rental Fees
Cleaning
Deposit
One Time Use
Fee
Days Used per
Month
# of Months
Used
Total
$100 $60 4 6 $3,840
Portable Restroom Rental
One Time Delivery
Fee
Monthly Charge # of Months Used Total
$45 $90.95 6 $590.70
Utilities
In the absence of data being provided for electrical and water use, city staff estimated electrical use at $12 per hour coming to a total of $192 per month and water at $100 per month.
The sum of the costs per month come to a total of $1,067.95 and a total of $4,722.70 for 6 months.
ATTACHMENTS:
1. Cosecha Guadalupe Proposal/Requests Letter
Guadalupe Farmers’ Market
The following are proposals, as I see them so far, for the opening of a Farmers’ Market in Guadalupe. I present these to the staff of the City for their consideration and comments or questions. 1) We would like to use the downtown Veterans Memorial Plaza for our venue. It holds enough space for up to eight produce vendors and eight other vendors (flowers, baked goods, arts and crafts, etc.). We took surveys of residents, community leaders and some city staff and council members and, although there were other proposals (including the park by the new community center, the Veterans Hall, etc.), this venue was the most desirable because of its centrality to downtown and visibility from Highway 1.
2) We would like to hold the Market once per week, and while we don’t have a firm day and time set yet, we are leaning toward Saturdays from 10:00am to 2:00pm. We still need to get vendor availability confirmation, but we need to get the okay from the City before we make the proposal to vendors for that day and time. Although there are other possibilities for days and times, our survey results and our desire to have the market open when the most local residents are off work were factors we considered.
3) We would like to request that the City allow us to use the water and electricity available at that site. We would not need to use a lot of each; it would basically be used to fulfill the requirement that we have hot water available for our vendors even though they are not likely to use much if any. We would provide a portable sink and cabinet with a small electric water heater that would be brought in at each Market and taken out after each Market. 4) We would also like to use the gazebo for either a D.J. or live music during the operating hours of the Market. This would also require that we are able to plug in to the electricity available at the gazebo. The market can proceed without the use of the gazebo, but we feel it would be an asset if we could have music there.
5) We are required to have a restroom available on Market days for our vendors. We would like to place a port-a-potty in the parking lot and leave it there to be available to residents even when the Market is not operating. It would not be able to be taken out and replaced for each Market day. Our understanding is that it would rent for around $150.00 per month. 6) There are a number of possibilities for funding sources for a port-a-potty including FRESA, the city of Guadalupe if they were agreeable, or other sources such as various community ATTACHMENT 1
organizations. Any of these sources individually or a combination of them are a possibility.
Clearly an available port-a-potty would benefit not only residents but the City as well. 7) We would need the City to help us make sure that the Parking lot is empty on Market days. 8) Unless the City indicates that it would like more involvement with the Farmers’ Market, the market would be its own entity either under the umbrella of Route 1 Farmers’ Market or separate. Either way the City would have no responsibility for the running of the Market or financial involvement other than the above mentioned impacts of water, electricity and possibly the port-a-potty.
9) There will be money exchanged in an outdoor environment, both with the vendors and with the market managers providing EBT tokens for folks shopping with EBT (formerly “food stamps” or “SNAP”). While we don’t anticipate a need for a police presence at the Market, we would hope for police availability on Market days in the event of an incident.
Please let me know if you have questions or concerns. Clearly we will need the City’s approval for the above considerations. While the Council has already expressed general approval for a Farmers’ Market, the details still need to be worked out. Contact me at any time by email or phone.
Sincerely,
Dennis Apel
[email protected]
Agenda Item No. 12
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of November 8, 2022
_______________________________ _________________________________ Prepared by: Approved by:
Philip F. Sinco, City Attorney Todd Bodem, City Administrator SUBJECT: Salary Increases for City Officials
RECOMMENDATION:
That the City Council introduce on the first reading, and continue to its meeting of November 22, 2022, for second reading and adoption, an ordinance increasing the monthly salaries for all of the City’s elected officials.
BACKGROUND:
During the “future agenda items” portion of the City Council’s agenda at its meeting on October 25, 2022, Mayor Julian noted that a member of the public had commented during a prior Community Participation Forum that the City Council members should consider an increase in their salaries. Mayor Julian stated his support for this since Council member salaries had not increased in many years. He also stated support for creating a salary for members of the Recreation and Parks Commission who currently do not receive any compensation for their service.
DISCUSSION:
SALARIES OF ELECTED OFFICIALS:
1. City Council: The salaries for members of a city council in general law cities is controlled by Government Code section 36516, which provides, in relevant part:
(a)(1) A city council may enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city as set forth in paragraph (2). (2) The salaries approved by ordinance under paragraph (1) shall be as follows:
(A) In cities up to and including 35,000 in population, up to and including three hundred dollars ($300) per month.…
(4) The salary of council members may be increased beyond the amount provided in this subdivision by an ordinance or by an amendment to an ordinance, but the amount of the Philip F. Sinco
increase shall not exceed an amount equal to 5 percent for each calendar year from the operative date of the last adjustment of the salary in effect when the ordinance or amendment is enacted. No ordinance shall be enacted or amended to provide automatic future increases in salary….
Any amounts contributed for retirement or health insurance are not considered as part of the salary, and reimbursed expenses are also excluded from the definition of “salary.” (Gov. Code, § 36516(d).) Ordinances cannot provide for automatic salary increases for council members. (Gov. Code, § 36516(e).) Currently, the salary for Council members is $150 per month (Guadalupe Municipal Code (GMC), §2.08.030.). This salary was established 36 years ago in 1986 and has not been adjusted since that time.
Pursuant to Government Code section 36516(a), the Council is authorized to increase its monthly salary to $300 per month (i.e., the maximum allowed for cities with populations under 35,000). In addition, this statute also allows the Council to increase its salary above this maximum amount by 5% of the current salary multiplied by the number of years since this salary was last adjusted. The Attorney General has opined that the 5% increase is non-compounded (five percent of the current salary multiplied by the number of years since last salary adjustment). (89 Ops Cal Atty Gen 159 (2006).) Five percent of the current Council member salary of $150 per month is $7.50, and since it has been 36 years since this salary was established (and there have been no adjustments to it since that time), the Council may increase its monthly salary by the amount of $270 ($7.50 x 36 years = $270) over and above the $300 amount authorized by Government Code section 36516. This means the Council can increase its current salary from $150 per month up to $570 per month.
For the purposes of comparison, here is a chart for the current salaries (or those that will take effect on in January 2023) for city council members for all of the cities in Santa Barbara County with their approximate populations:
City Councilmember Salary (monthly) Population
Buellton $ 550 5,055
Carpenteria $ 310 12,963
Goleta $3,831 32,591
Guadalupe $ 150 8,546
Lompoc $ 600 44,444
Solvang $ 600 5,709
Santa Barbara $4,204 88,665
Santa Maria $1,706.90 107,398
2. Mayor: A directly elected mayor may receive additional compensation with the consent of the electorate or by ordinance of the city council. (Gov. Code, §36516.1.). The proposed ordinance does not include a provision for additional compensation for the Mayor. If this is desired by the City Council, an appropriate provision can be added to this ordinance at the meeting.
3. City Clerk/City Treasurer: The City Clerk and the City Treasurer are elected offices in the City of Guadalupe. The salaries for these elective offices are determined by the City Council. Government Code section 36517 provides: “The city clerk and the city treasurer shall receive, at stated times, a compensation fixed by ordinance or resolution.”
Currently, the City Clerk and the City Treasurer receive the same monthly salary as the City Council members ($150 per month). This salary was established by adoption of Resolution No. 97-24 on June 30, 1997. A copy of Resolution No. 97-24 is attached. (Attachment No. 1). This resolution provides that the monthly salaries for the City Clerk and the City Treasurer are fixed at the same amount as that of member of the City Council (as set forth in Section 2.08.030 of the Guadalupe Municipal Code).
Accordingly, unless the City Council wishes to set a different monthly salary amount for the City Treasurer and the City Clerk, Council does not need to take any additional or separate action to increase the salaries of these two offices when the Council adjusts its salary. If the Council does with to keep the salaries for these two offices the same or increase them a lesser amount than the salary increases for the City Council members, staff will have to draft a resolution based on Council’s direction and bring it to the Council for approval at a future Council meeting. For purposes of this staff report, staff has assumed that the Council continues to support Resolution 97-24 and that any salary increase the Council approves for itself will also be given to the City Clerk and the City Treasurer.
SALARIES OF APPOINTED OFFICIALS:
The City does not have any appointed officials except for members of the City’s Recreation and Parks Commission (other than the City Administrator, the Director of Public Safety, and the City Attorney, but these offices are not included in this use of the term “officials” for purpose of this item). The City no longer has a planning commission and does not have any other boards or commissions.
The City Council is authorized to establish compensation for appointed officials. Government Code section 36506 provides: “By resolution or ordinance, the city council shall fix the compensation of all appointive officers and employees. Such officers and employees hold office during the pleasure of the city council.”
No compensation has actually been established for members of the Recreation and Parks Commission.
In fact, this appointed board, while clearly having been authorized by this and previous City Councils, has not been officially established by enactment of an ordinance. Staff intends to prepare an ordinance establishing the Recreation and Parks Commission to bring to the City Council at a future Council meeting. Staff requests that the Council provide direction to staff as to whether or not is wishes to include a salary for Recreations and Parks Commissioners.
FISCAL IMPACT:
Increasing the salaries for those who serve on the City Council will have an impact on the general fund.
If salary increases are also approved for the City Clerk and the City Treasurer, there will be an additional
impact to the general fund. Assuming that the Council approves the maximum salary increase for the Council members, and provides the same increase to the City Clerk and the City Treasurer’s salaries, the total impact to the general fund will be as follows:
Council salary increases: $420 increase x 5 members = $2,100 per month City Clerk/City Treasurer increases: $420 increase x 2 officials = $ 840 per month $2,940 per month
These salary increases would add up to $17,640 in expenditures to the general fund for the remainder of FY 2022-2023, and $35,280 for each fiscal year thereafter. The impact to the general fund could be reduced should the Council not increase salaries to the maximum permissible amount.
ATTACHMENTS:
1. Resolution No. 97-24.
2. Ordinance No. 2022-506 -Ordinance entitled “An Ordinance of the City of Guadalupe Amending Chapter 2.08 of Title 2 of the Guadalupe Municipal Code Regarding Salaries of City Council Members.”
ATTACHMENT 1
ORDINANCE NO. 2022-506
AN ORDINANCE OF THE CITY OF GUADALUPE AMENDING CHAPTER 2.08 OF TITLE 2 OF THE GUADALUPE MUNICIPAL CODE REGARDING SALARIES OF CITY
COUNCIL MEMBERS
WHEREAS, the City of Guadalupe has not adjusted the salaries for members of the City Council since 1986; and
WHEREAS, the responsibilities of the members of the City Council of the City of Guadalupe has increased since that time; and
WHEREAS, the cost of living has increased by a significant amount since that time; and WHEREAS, the City Council wants to ensure that individuals who serve on the City Council are recognized for their public service by providing them a reasonable amount of compensation for this service.
NOW, THEREFORE, the City Council of the City of Guadalupe does hereby ordain as follows:
SECTION 1. Chapter 2.08 of Title 2 of the Guadalupe Municipal Code is hereby amended to read as follows:
Title 2 ADMINISTRATION AND PERSONNEL
Chapter 2.08 CITY COUNCIL
2.08.010 Purpose of provisions—Statutory authority.
The ordinance codified in this chapter was enacted pursuant to Section 36516 of the Government Code, authorizing the Council to provide by ordinance that each member of the Council shall receive a prescribed salary the amount of which is based upon the population of the City, as determined by estimates made by the State Department of Finance.
2.08.020 Salaries—Population basis.
As of May 27, 1986As of November 22, 2022, the date of passage of the ordinance codified in this chapter, the latest estimate of population of the City made by the Department of Finance is 4,845 8,546.
ATTACHMENT 2
2.08.030 Salaries—Amount designated.
Each member of the Council shall receive, as salary, the sum of $150.00$300.00 per month, as provided for in Section 36516 of the Government Code for cities up to and including 35,000, which shall be payable from and after the operative date of the ordinance codified in this chapter at the same time and in the same manner as the salaries are paid to other officers and employees of the City.
2.08.040 Salaries—Increase or decrease.
Following any new and later estimate of population made by the Department of Finance placing the City in a population group other than that set forth in Section 2.08.030 of this chapter, the salary hereby payable to each member of the Council shall be increased or decreased accordingly to equal the sum prescribed for that population group in Section 36516 of the Government Code, as added by Chapter 286 of the Statutes of 1965; provided, however, that the salary as so increased or decreased shall become payable only on and after the date upon which one or more members of the Council become eligible therefor by virtue of beginning a new term of office following the next succeeding general municipal election held in the City
2.08.050 Expense reimbursement.
The salaries prescribed in this chapter are and shall be exclusive of any amounts payable to each member of the Council as reimbursement for actual and necessary expenses incurred by the member in the performance of official duties for the City.
SECTION 2. The City Council declares that each section, subsection, paragraph, subparagraph, sentence, clause, and phrase of this Ordinance is severable and independent of every other section, subsection, paragraph, subparagraph, sentence, clause, and phrase of this Ordinance. If any section, subsection, paragraph, subparagraph, sentence, clause, or phrase of this Ordinance is held invalid, the City Council declares it would have adopted the remaining provisions of this Ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this Ordinance should remain in effect after the invalid portion has been eliminated.
SECTION 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.
INTRODUCED at a regular meeting of the City Council held this 8th day of November 2022, by the following vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAINED:
PASSED AND ADOPTED at a regular meeting of the City Council held this 22nd day of November 2022, by the following vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
__________________________________ ______________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS IS TO FORM:
___________________________________
Philip F. Sinco, City Attorney
Agenda Item No. 13
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of November 8, 2022
_______________________________ _________________________________ Prepared by: Approved by:
Mark Green P.E., Contract Building Official Todd Bodem, City Administrator SUBJECT: Ordinance No. 2022-504, repealing Guadalupe Municipal Code Ordinance No. 2020- 491, Title 15.04, Adoption of Building Codes; and adopting a new Chapter 4 of Title 15, Adoption of State of California 2022 Building Standards Code.
RECOMMENDATION:
That the City Council introduce Ordinance No. 2022-504, and continue to the meeting of November 22, 2022, for second reading and adoption, to update and amend Title 15, Chapter 4 of the Municipal Code to be consistent with the State of California 2022 Building Standards Code of which become effective January 1, 2023.
DISCUSSION:
Each City in the State of California is required to adopt the current California Building Standards Code and is authorized to do so by reference (Health and Safety Code § 17922 and Government Code § 50022.2). The Municipal Code of the City of Guadalupe Title 15, Chapter 4 has not been comprehensively updated since August 25, 2020, with the adoption of the 2019 California Building Codes of which will expire January 1, 2023. The City of Guadalupe Municipal Code, Title 15, Chapter 4, has provided minimum standards to safeguard life or limb, health, property, and public welfare by regulating the construction, quality of materials, use, and occupancy, location and maintenance of all buildings and structures within its jurisdiction. The 2022 California Building Standards Code incorporates the latest national standards in the International Building Code, International Residential Building Code, National Electrical Code, Uniform Plumbing Code, Uniform Mechanical Code and other national standards and codes.
There are currently no local amendments to the City of Guadalupe Municipal Code Title 15.04 from previous code adoptions and thus none are carried forward. Any new amendments are considered administrative in nature and therefore would not require justification using local climatic, geological, or topographical conditions.
ATTACHMENTS:
1. Ordinance No. 2022-504, entitled “An Ordinance of the City Council of the City of Guadalupe, California, Repealing Ordinance No. 2020-491 and Adopting a New Chapter 4 of Title 15 of the Guadalupe Municipal Code”.
Mark Green
ORDINANCE NO. 2022-504
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA, REPEALING ORDINANCE NO. 2020-491 AND ADOPTING A NEW CHAPTER 4 OF TITLE 15 OF THE
GUADALUPE MUNICIPAL CODE
WHEREAS, each city in the State of California is required to adopt the California Building Standards Code and is authorized to do so by reference (Health and Safety Code § 17922 and Government Code § 50022.2); and
WHEREAS, the California Building Standards Commission adopted the 2022 California Building Standards Code, of which becomes effective January 1, 2023; and WHEREAS, the Municipal Code of the City of Guadalupe Title 15 - Building and Construction has not been comprehensively updated since August 25, 2020; and WHEREAS, it is deemed to be in the best interest of the City to update and amend Title 15 of the Municipal Code to be consistent with the State of California Building Standards Code and to account for new building construction standards; and WHEREAS, Title 15 of the Municipal Code of the City of Guadalupe has provided minimum standards to safeguard life or limb, health, property, and public welfare by regulating the construction, quality of materials, use, and occupancy, location and maintenance of all buildings and structures within this jurisdiction and certain equipment; and WHEREAS, the 2022 California Building Standards Code contains eleven subjects that incorporate public health, life safety, and general welfare standards used in the design and construction of buildings in California. The California Codes incorporate the latest national standards in the International Building Code, International Residential Building Code, National Electrical Code, Uniform Plumbing Code, Uniform Mechanical Code and other national standards and codes; and
WHEREAS, It is the intent of the City of Guadalupe to ensure enactment of the standards herein, as the State Building Standards Code become effective January 1, 2023, to protect the public welfare, health and safety; and
WHEREAS, the adoption and proposed amendments to the 2022 California Fire Code will be submitted to the City Council under separate cover as Chapter 8 of Title 15 of the Guadalupe Municipal Code, and therefore not included in this Ordinance.
NOW THEREFORE, the City Council of the City of Guadalupe does ordain as follows:
SECTION 1. The existing Ordinance No. 2020-491, Title 15.04 Adoption of Building Codes of the Guadalupe Municipal Code, is hereby repealed.
ATTACHMENT 1
SECTION 2. The following codes are hereby adopted as the City of Guadalupe Building Code, Residential Building Code, Administrative Code, Electrical Code, Plumbing Code, Mechanical Code, Energy Code, Green Building Standards Code, Existing Building Code, Historical Building Code and Reference Standards Code, and are incorporated herein as if fully set forth, with such further incorporation and amendment of individual sections and appendices as follow below:
15.04.010 Codes adopted.
A. 2022 California Building Code, Volumes One and Two.
B. 2022 California Residential Building Code.
C. 2022 California Electrical Code.
D. 2022 California Plumbing Code.
E. 2022 California Mechanical Code.
F. 2022 California Administrative Code, including all appendices.
G. 2022 California Energy Code, including all appendices.
H. 2022 California Green Building Standards Code, including all appendices.
I. 2022 California Existing Building Code, including all appendices.
J. 2022 California Historical Building Code, including all appendices.
K. 2022 California Referenced Standards Code, including all appendices.
15.04.020 California Building Code adoption.
The provisions of the 2022 Edition of the California Building Code Volumes One and Two, including Appendices; B (Board of Appeals), C (Group U—Agricultural Buildings), F (Rodentproofing), G (Flood-Resistant Construction), H (Signs), I (Patio Covers), J (Grading) and M (Tsunami-Generated Flood Hazard) are adopted in their entirety.
15.04.030 California Residential Building Code adoption.
Adopt the 2022 California Residential Building Code including Appendices H (Patio Covers), J Existing Building and Structures), K (Sound Transmission), Q (Tiny Houses), AS (Strawbale Construction), and V (Swimming Pool Safety Act) in their entirety.
15.04.040 California Electrical Code adoption.
Adopt the 2022 California Electrical Code including all Annexes in their entirety except Annex H.
15.04.050 California Plumbing Code adoption.
Adopt the 2022 California Plumbing Code including all Appendices in their entirety except Appendices C (Alternate Plumbing Systems), F (Firefighter Breathing Air Replenishment Systems) and L (Sustainable Practices).
15.040.060 California Mechanical Code adoption.
Adopt the 2022 California Mechanical Code including all Appendices in their entirety except Appendices A (Residential Plan Examiner Review Form for H.V.A.C. System Design) and E (Sustainable Practices).
SECTION 3. Publication and Effective Date. Within fifteen (15) days after passage, the City Clerk shall cause this ordinance to be posted in three publicly accessible locations in the City. The ordinance shall go into effect and be in full force at 12:01 a.m. on January 1, 2023, as required by state law.
SECTION 4. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA) and the CEQA guidelines, and has been found to be exempt pursuant to §15306 of the CWQA Guidelines (Information Collection) because it does not have the potential to create a physical environmental effect.
SECTION 5. The City Council declares that each section, subsection, paragraph, subparagraph, sentence, clause, and phrase of this Ordinance is severable and independent of every other section, subsection, paragraph, subparagraph, sentence, clause and phrase of this Ordinance. If any section, subsection, paragraph, subparagraph, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City of Guadalupe hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact than one or more sections, subsections, sentences, clauses and phrases be declared invalid or unconstitutional.
SECTION 6. Nothing in this ordinance or in the Codes hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in previous Codes; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.
SECTION 7. 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 the City Administrator and City Attorney concerning any changes deemed necessary.
SECTION 8. The City Clerk of the City of Guadalupe is hereby authorized and directed to transmit a copy of this ordinance to the California Building Standards Commission as required by the California Health and Safety Code Section 17958.7
INTRODUCED at a regular meeting of the City Council on the 8th day of November 2022, by the following vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAINED:
PASSED AND ADOPTED at a regular meeting of the City Council on the 22nd day of November 2022, by the following vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
__________________________________ ______________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS IS TO FORM:
___________________________________
Philip F. Sinco, City Attorney
Agenda Item No. 14
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of November 8, 2022
________________________________ __________________________________ Prepared by: Approved by:
Michael Cash, Director of Public Safety Todd Bodem, City Administrator SUBJECT: Ordinance to Adopt the 2022 California Fire Code and Amend the Guadalupe Municipal Code to Update Fire and Safety Regulations.
RECOMMENDATION:
It is recommended that the City Council introduce, on the first reading, and continue to the meeting of November 22, 2022, for second reading and adoption, Ordinance No. 2022-505 adopting the 2022 California Fire Code and amending the specified fire and safety ordinances in the Guadalupe Municipal Code.
BACKGROUND:
The State of California periodically updates the California Fire Code to adapt to changing needs in an effort to continue enhancing the safety of the public. The most current version of the California Fire Code was released in 2022 and will became effective on January 1, 2023.
DISCUSSION:
City staff is seeking City Council approval to adopt the 2022 California Fire Code to regulate fire, building and safety issues consistently throughout the State. This code has been revised to enhance the public safety effort by remaining current on changing technology and risks. The last update to the Fire Code was in 2019.
The primary focus of this request is to adopt the 2022 California Fire Code; however, staff is also requesting that the Council approve other amendments to the City’s fire and safety regulations set forth in the Guadalupe Municipal Code.
FISCAL IMPACT:
Adoption of the 2022 California Fire Code and amending the City’s Municipal Code regulations concerning fire and safety has no negative financial impact.
ATTACHMENTS:
1. Ordinance No. 2022-505
Michael Cash
ORDINANCE NO. 2022-505
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA, REPEALING ORDINANCE 2019-483 AND ADOPTING A NEW CHAPTER 8 OF TITLE 15 OF THE GUADALUPE MUNICIPAL CODE
WHEREAS, the State of California has recently adopted the 2022 California Fire Code, which will become effective January 1, 2023; and
WHEREAS, it is the desire and intent of the City Council of the City of Guadalupe to provide citizens with the greatest degree of fire, life, and structural safety in buildings in the most cost-effective manner by adopting that body of regulations referred to as the 2019 California Fire Code with amendments specific to the City of Guadalupe; and
WHEREAS, the California Health and Safety Code Section 17958.5 and Section 18941.5 require the City Council, before making any modifications or changes to the California Fire Code, to make an express finding that each such modification or change is needed; and WHEREAS, California Health and Safety Code Section 17958.7 requires that such changes must be determined to be reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, such findings must be made available as a public record, and a copy thereof with each such modification or change shall be filed with the State of California Building Standards Commission; and WHEREAS, it is the intent of the City of Guadalupe to enact the 2022 California Fire Code with the amendments written below and shall become effective January 1, 2023:
THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
Section 1. Findings: Pursuant to Health and Safety Code Section 17958.7, the City Council finds that the following conditions exist locally which require that amendments be made to the 2022 California Fire Code in order to protect the public health, safety, and welfare:
A. Climatic Conditions
1. Santa Barbara and San Luis Obispo Counties are in an area of high fire risk, and the local area regularly experiences high wind conditions, high temperatures, and low humidity, These winds, which can cause small fires which spread quickly, are a contributing factor to the high fire danger in the area, which creates a potential for localized disasters which could reduce the availability of mutual aid firefighting resources;
ATTACHMENT 1
2. The City of Guadalupe is located in a semi-arid Mediterranean-type climate which predisposes all fuels to rapid ignition and spread of fire. Therefore, there exists a need for additional fire protection measures.
3. The watershed upstream of the City experienced major wildland fire over the years which resulted in significant destruction of the vegetation and has created the potential for a dramatic increase in water flow through the Santa Maria River. The Santa Maria River Levee bordering the northern edge of the City terminates at the intersection of Highway 1, and from that point west, there is no protection for the City from flooding due to high flows in the Santa Maria River. This potential for significant flooding could place an extraordinary draw upon local emergency resources, and the need for additional requirements for fire protection as set forth in the amendments are necessary to supplement the capabilities of local emergency resources in a time of a flood emergency;
B. Geographic Conditions
1. The Guadalupe area is in close proximity to several active seismic faults, and amendments to the State Fire Code are necessary to supplement the capabilities of local emergency resources in a time of an area-wide earthquake;
2. The City has the potential for limited access to mutual aid resources. Access from the north is via one bridge over the Santa Maria River and from the south through several cuts in local mountains. In the event of an earthquake, flood, or other incidents, the availability of assistance from outside of the local area could be compromised. Amendments to the State Fire Code are necessary to ensure the City can meet the needs of the residents during these events.
3. The City of Guadalupe is located, at its westernmost part, approximately three and a half miles from the ocean. The city’s typical ground water level is at fifty feet, with the areas of the city at levels as shallow as six to ten feet. This condition makes the City more prone to subsidence issues than most inland communities.
4. Soil formation within Guadalupe has been strongly influenced by the Santa Maria River floodplain. Soils underlying and surrounding the City are alluvial in nature consisting primarily of sandy loams and silty clay loams. This low coastal plain and valley bottom with alluvial deposits and areas with high groundwater make the City susceptible to ground liquefaction.
Section 2. Repeal of Current Fire Code. Ordinance 2019-483, adopting the 2019 California Fire Code, is hereby repealed in its entirety.
Section 3. Adoption of Fire Code. A new Chapter 8 of Title 15 of the Guadalupe Municipal Code is hereby adopted to read as follows:
15.08.010 Adoption. The California Fire Code, 2022 edition as published by the State of California, including appendix A through O, and subsequent editions as adopted by the State of California, are adopted by reference subject to the additions, deletions, and amendments set forth in this chapter.
15.08.020 2019 California Fire Code amendments.
CHAPTER 1 SCOPE AND ADMINISTRATION
101 SCOPE AND GENERAL REQUIREMENTS
101.1 Title. These regulations shall be known as the Fire Code of the City of Guadalupe, hereinafter referred to as “this code.”
104 GENERAL AUTHORITY AND RESPONSIBILITY
104.1.1 Peace Officer Powers. The Fire Chief, Fire Captains, Fire Inspectors, and other personnel as authorized by the Fire Chief,shall have the powers of police officers in performing duties under this code and shall have powers of peace officers as provided by California Penal Code Section 830.37 and shall have authority to issue citations.
104.12 Authority at Fires and Other Emergencies. The Fire Chief or designee in charge at the scene of a fire or other emergency involving the protection of life, environment, or property or any part thereof shall have the authority to direct such operation as necessary to extinguish or control any fire, perform any rescue operation, investigate the existence of suspected or reported fires, gas leaks or other hazardous conditions or situations, or take any other action necessary in the reasonable performance of duty. In the exercise of such power, the Fire Chief or designee is authorized to prohibit any person, vehicle, vessel or thing from approaching the scene and is authorized to remove, or cause to be removed or kept away from the scene, any person, vehicle, vessel or thing which could impede or interfere with the operations of the Fire Department and, in the judgment of the Fire Chief or designee, any person not actually and usefully employed in the extinguishing of such fire or in the preservation of the environment and property in the vicinity thereof.
108 INSPECTIONS
108.1 Inspection authority. The fire code official is authorized to enter and examine any building, structure, marine vessel, vehicle or premises in accordance with Section 104.3 of the California Fire Code for the purpose of enforcing this code.
111 BOARD OF APPEALS
111.1 Board of Appeals. In order to hear and decide appeals of orders, decisions or determinations made by the Fire Code Official relative to the application an interpretation of this code, there shall be and is hereby created a Board of Appeals. The Board of Appeals shall be appointed by the governing body and shall hold office at its pleasure. The Fire Code Official shall be an ex officio member of said
Board but shall have no vote on any matter before the Board. The Board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Fire Code Official.
111.1.1 Appeals Process. Whenever a Fire Inspector or other Fire Department member disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of this code do not apply or that the true intent and meaning of this code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the Fire Inspector or other Fire Department member to the Fire Chief IN WRITING within 15 calendar days from the date of the decision.
111.1.2 Appeals Process. Whenever the Fire Chief disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of this code do not apply or that the true intent and meaning of this code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the Fire Chief to the Board of Appeals IN WRITING within 15 calendar days from the date of the decision.
112 VIOLATIONS
112.2 Owner/occupant responsibility. Correction and abatement of violations of this code shall be the responsibility of the owner or owner's authorized agent. Where an occupant creates or allows to be created hazardous conditions in violation of this code, the occupant shall be held responsible for the abatement of such hazardous conditions.
112.4 Violation Penalties. Persons who shall violate a provision of this code, the Guadalupe Municipal Code, or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Fire Code Official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 or by imprisonment not exceeding 180 calendar days, or both such fine and imprisonment for each violation. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The Fire Code Official may also cause an administrative action to be initiated in accordance with Title 1, Chapters 1.10 and 1.11 of the Guadalupe Municipal Code.
113 STOP WORK ORDER
113.4 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of a misdemeanor and subject to the penalties set forth in Section 110.4 112.4 of this code. The Fire Code Official may also cause an administrative action to be initiated in accordance with Title 1, Chapters 1.10 and 1.11 of the Guadalupe Municipal Code.
CHAPTER 3 GENERAL REQUIREMENTS
304 COMBUSTIBLE WASTE MATERIAL
304.1.2 Vegetation. Weeds, grass, vines, or other growth that is capable of being ignited and endangering property shall be cut down and removed by the owner or occupant of the premises.
Vegetation clearance requirements in urban/wildland interface areas shall be in accordance with California Fire Code Chapter 49 and Title 19, Division 1, 3.07(b). Refer to Guadalupe Municipal Code Chapter 8.16 for weed, trash, and debris removal and abatement procedures. 307 OPEN BURNING, RECREATIONAL FIRES AND PORTABLE OUTDOOR FIREPLACES 307.1.2 Combustible Refuse Prohibited Open Burning. A person shall not burn any combustible refuse in any open outdoor fire within the City. Burning in any incinerator is prohibited except with a permit issued by the Fire Code Official and in accordance with Federal, State, and Local requirements.
EXCEPTIONS:
1. Barbeque and recreational fires (camp fires).
2. Agricultural burning with a permit issued by the Fire Code Official and in accordance with Federal, State, and Local requirements.
3. Fires set under public authority.
308 OPEN FLAMES
308.1.4 Open-Flame Cooking Devices. Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet (3,048 mm) of combustible construction.
308.1.4.1 Liquefied-Petroleum-Gas-Fueled Cooking Devices. LP-gas burners having an LP-gas container shall not be located on combustible balconies or within 10 feet (3,048 mm) of combustible construction.
311 VACANT PREMISES
311.1 General. Temporarily unoccupied buildings, structures, premises, or portions thereof, including tenant spaces or buildings damaged by fire or other disasters, shall be safeguarded and maintained in accordance with this section.
311.1.1 Abandoned Premises. Buildings, structures, and premises for which an owner cannot be identified or located by dispatch of a certificate of mailing to the last known or registered address, which persistently or repeatedly becomes unprotected or unsecured, which have been occupied by unauthorized persons or for illegal purposes, or which present a danger of structural collapse or fire spread to adjacent properties shall be considered abandoned, declared unsafe and abated by demolition or rehabilitation as directed by the Building Official and Fire Code Official. 311.1.3 Buildings or Property Damaged by Fire or Disaster. The owner, occupant, or other person having under their control any property or materials on property damaged by fire or other disasters,
when access by the public is possible, shall secure the property either by boarding up all openings, fencing, barricading, or other appropriate measures as approved by the Fire Code Official. Within 15 calendar days after written notice by the Fire Code Official to do so has been served, all debris and/or damaged materials shall be removed from the property and deposited in accordance with Federal, State, and Local requirements or proof of contractual arrangements that have been made for demolition, replacement, or repair of all fire or disaster-damaged structures remaining on the property. 311.1.4 Authority to Secure Property Damaged by Fire or Other Disaster. The Fire Code Official shall be empowered to initiate necessary actions to secure property damaged by fire or other disaster and/or remove and dispose of debris and other damaged materials when, after giving notice to the owner of record of the property, the owner fails to secure the property and/or remove debris as ordered by the Fire Code Official.
311.1.5 Cost Recovery. The Fire Code Official is authorized to initiate any and all actions necessary to recover the costs of securing property damaged by fire or other disaster and/or removing and disposing of debris and other damaged materials when, after giving notice to the owner of record of the property, the owner fails to secure the property and/or remove debris, and the City provides the service either through the use of City resources or a contractor.
312 VEHICLE IMPACT PROTECTION
312.2 Posts. Guard posts shall comply with all of the following requirements:
1. Constructed of steel not less than 4 inches (102 mm) in diameter and concrete filled.
2. Spaced not more than 3 feet (914 mm) between posts on center.
3. Set not less than 3 feet (914 mm) deep in a concrete footing of not less than 18-inch (458 mm) in diameter.
4. Set with the top of the posts not less than 3 feet (914 mm) above ground.
5. Located not less than 3 feet (914 mm) from the protected object. 316 HAZARDS TO FIRE FIGHTERS
316.7 Fog, Smoke or Gas Emitting Systems. No system or device shall be installed in any building or portion of a building which, as a part of its operation discharges any fog, gas, smoke, vapor, liquid, or other product when the design of the system discharge is to obscure the vision of any person, cause disorientation, or incapacitate any person within the building or portion thereof. Nothing in this section is intended to preclude the connection of an alarm system to any fire suppression system.
CHAPTER 4 EMERGENCY PLANNING AND PREPAREDNESS
401 GENERAL
401.3.5 Hazardous Materials Events. In the event an unplanned or unwanted release of hazardous materials occurs on a property, the owner or occupant shall immediately report such condition to the Fire Department.
403 EMERGENCY PREPAREDNESS REQUIREMENTS
403.11.1.1 When Required. Fire watch shall be provided as follows:
1. When required by other sections of this code.
2. When the Fire Code Official deems a condition essential for public safety.
3. When the Fire Code Official determines that conditions may result in a rekindle. 403.11.1.2 Financial Responsibility. The property owner, the tenant or occupant in control of the premises shall be responsible for all costs of providing a fire watch. 403.11.1.3 Qualifications. Personnel assigned to fire watch duties shall possess the following minimum qualifications:
1. Shall be at least 18 years of age.
2. Shall be able to speak, read, write and understand English.
3. Shall be capable of executing the duties and responsibilities as specified in 114.4.
4. Shall be capable of operating a mobile telephone device and/or portable radio.
5. Shall be capable of inspecting all portions of their assigned watch area. 403.11.1.4 Number and Hours. The Fire Code Official shall specify the minimum number of fire watch personnel required and the hours during which they must be present based on the conditions and size of the facility.
403.11.1.5 Duties and Responsibilities. Duties and responsibilities of persons assigned fire watch duties include, but are not limited to the following:
1. To know the address of the facility being watched.
2. To be equipped with a mobile telephone device that can be used to contact 9-1-1 or a portable radio that can be used to communicate with a constantly attended security/communications center.
3. To continuously make rounds and monitor all assigned areas.
4. To immediately report any sign of smoke, fire or other emergency to 9-1-1 or to the security/communications center.
5. To activate the building fire alarm system when the building is equipped with such a system or notify those present to evacuate the building or area.
6. To assist with the evacuation of people present in the area.
7. To keep a fire watch log that, as a minimum, includes the following information:
a. Identifies the building or area by name and address that is under watch. b. The date and time each round or tour is completed, plus comments on what was observed.
Each entry shall contain the name and signature of the person conducting the watch. c. Fire watch logs shall be immediately accessible for review by the Fire Code Official. A copy of the fire watch log shall be retained by the owner or agent of the facility being protected.
8. To continue the fire watch until permission has been received from the Guadalupe Fire Department to terminate the fire watch activities.
9. Fire watch personnel shall not be assigned additional duties during their fire watch tour.
CHAPTER 5 FIRE SERVICE FEATURES
503 FIRE APPARATUS ACCESS ROADS
503.4.2 Removal of Obstructions. The Fire Code Official shall have the power and authority to remove or cause to be removed, without notice, any vehicle, vessel, or thing parked or placed in violation of any or all sections of this code. The owner of any item so removed shall be responsible for all charges connected therewith.
503.4.3 Cost Recovery. The Fire Code Official is authorized to initiate any and all actions necessary to recover the costs of removal and storage of any vehicle, vessel, or thing parked or placed in violation of any or all sections of this code when the City provides the service either through the use of City resources or a contractor.
503.6.1 Electrically Operated Gates. All electrically operated gates which are installed across required fire access roads or pathways shall have a Knox brand access switch installed which will open the gate.
The switch shall be installed so it will open the gate and the gate will remain in the open position until re-set by the Fire Department. The gate shall have a manual means of opening in the event of a power failure and shall be accessible from the exterior of the property. 503.6.2 Manually Operated Gates. All manually operated gates installed across required fire access roads or pathways and which are locked shall have a Knox brand padlock installed. The Knox padlock shall be integrated with any other lock in such a manner as to allow the gate to be opened by unlocking the Knox padlock only.
505 PREMISES IDENTIFICATION
505.1 Address Numbers. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches in height with a minimum stroke width of 0.5 inch (12.7 mm) for residential occupancies and 6 inches (152 mm) high with a minimum stroke width of 0.75 inch (19 mm) for commercial and industrial occupancies.
Numbers and/or letters of larger size may be required based on the size and design of the building or group of buildings. Where access is by means of a private road and the building cannot be viewed from the public way, a monument pole or sign or means shall be used to identify the structure. Address identification shall be maintained.
505.1.1 Rear Door Address Numbers. All commercial and industrial buildings with access via an alley or other similar roadways shall have the address number, unit or suite number, and street name provided on or adjacent to the rear door of the building or tenant space. These numbers shall contrast with their background. Address and suite numbers shall be Arabic numerals or alphabet letters, shall be a minimum of 6 inches (152 mm) high with a minimum stroke width of 0.75 inch (19 mm). The street
name shall be a minimum of 4 inches in height with a minimum stroke width of 0.5 inch (12.7 mm).
Numbers and/or letters of larger size may be required based on the size and design of the building or group of buildings.
505.1.2 Address Directory. All buildings, or groups of buildings served by an alley, private driveway or similar roadway system, shall be provided with an address directory at every entrance to the property.
The design of the directory shall be in accordance with standards set forth by the Fire Code Official. The directory shall be maintained by the property owner, Homeowner’s Association, or other individual or group in charge of the property.
506 KEY BOXES
506.1 Where Required. All new commercial occupancies shall have a Knox brand key box installed as directed by the Fire Code Official. Existing commercial occupancies shall install a Knox key box as directed by the Fire Code Official when a Building Permit is obtained for any work. The key box shall contain keys that will allow the Fire Department access to all portions of the building. The keys shall have a tag affixed identifying their purpose.
506.1.1 Locks. All gates or similar barriers across required Fire Department access roads or pathways shall have a Knox brand padlock installed in addition to any lock placed by the property owner or tenant.
The Knox padlock shall be integrated with any other lock in such a manner as to allow the gate to be opened by unlocking the Knox padlock only.
506.2 Key Box Maintenance. The owner, manager or other person in charge of a property shall notify the Fire Code Official and provide new key(s) when a lock is changed or re-keyed within 5 working days of the change. Upon notification, the Fire Code Official will make arrangements to place the new key(s) in the key box.
506.3 Responsibility. Correction and abatement of violations of section 506.1 and 506.1.1 of this code shall be the responsibility of the owner or owners authorized agent. 507 FIRE PROTECTION WATER SUPPLIES
507.5.4.1 Removal of Obstructions. The Fire Code Official shall have the power and authority to remove or cause to be removed, without notice, posts, fences, vehicles, growth, trash, storage and other materials or objects or thing parked or placed in violation of Section 507.5.4. The owner of any item so removed shall be responsible for all charges connected therewith. 507.5.4.2 Cost Recovery. The Fire Code Official is authorized to initiate any and all actions necessary to recover the costs of removal and storage of any posts, fences, vehicles, growth, trash, storage and other materials or objects or thing parked or placed in violation of Section 507.5.4 when the City provides the service either through the use of City resources or a contractor.
507.5.5 Clear Space Around Hydrants. A 5-foot (1.5 m) clear space shall be maintained around the circumference of fire hydrants except as otherwise approved by the Fire Code Official. 509 FIRE PROTECTION AND UTILITY EQUIPMENT IDENTIFICATION AND ACCESS 509.1 Identification. Fire protection equipment shall be identified in an approved manner. Rooms containing controls for air-conditioning systems, sprinkler risers and valves, or other fire detection, suppression or control elements shall be identified for the use of the Fire Department. All signage shall be designed and installed in accordance with Guadalupe Fire Department Standards. 509.1.1 Utility Identification. Where required by the fire code official, gas shutoff valves, electric meters, service switches and other utility equipment shall be clearly and legibly marked to identify the unit or space that it serves. Identification shall be approved by the Fire Code Official, readily visible and shall be maintained.
509.1.2 Sign Maintenance. All signs required by this code shall be maintained in a legible condition and replaced or repaired as required by the Fire Code Official.
CHAPTER 6 BUILDING SERVICES AND SYSTEMS
605 FUEL-FIRED APPLIANCES
605.5 Portable Unvented Heaters. The use of portable unvented fuel-fired heating equipment shall be prohibited in all occupancies except where a permit has been issued by the Fire Code Official and the Building Code Official.
Exception: Portable outdoor gas-fired heating appliances shall be allowed in accordance with Section 605.5.2
603 ELECTRICAL EQUIPMENT, WIRING AND HAZARDS
603.8 Temporary Wiring. Temporary wiring for electrical power and lighting installations is allowed for a period not to exceed 90 days upon issuance of a permit by the Fire Code Official and the Building Code Official. Temporary wiring methods shall meet the applicable provisions of the California Electrical Code.
Exception: Temporary wiring for electrical power and lighting installations is allowed during periods of construction, remodeling, repair or demolition of buildings, structures, equipment or similar activities.
606 COMMERCIAL COOKING EQUIPMENT AND SYSTEMS
606.3.4.1 Hood Servicing. A certificate of inspection/service shall be forwarded to the Guadalupe Fire Department within 5 working days of completion of the 6-month service, or upon service rendered after
the activation of any fire suppression system. The submission of the certificate of inspection service is the responsibility of the contractor performing the service. The certificate may be a copy of the invoice as long as it has the required information contained therein.
The certificate shall include:
1. The name, address and phone number of the licensed contractor performing the service.
2. The name, address and phone number of the business for whom the service is being done.
3. Date and time of the service.
4. Make, model, and manufacturer of the system.
5. A detailed list of all work completed on the system (clean nozzles, replace links, recharge system).
6. Specific date of the previous service on the system.
7. The cleanliness of the hood and associated appliances.
8. Alterations to the system or appliances that causes the system to be out of compliance with the manufacturer’s specifications.
CHAPTER 9 FIRE PROTECTION SYSTEMS
901 GENERAL
901.7 Systems Out of Service. Where a required fire protection system is out of service, the Fire Code Official shall be notified immediately and, where required by the Fire Code Official, the building shall either be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shut down until the fire protection system has been returned to service. Where utilized, fire watches shall comply with the provisions of Chapter 4, Sections 403.11.1.1, 403.11.1.2, 403.11.1.3, 403.11.1.4 and 403.11.1.5 of this code.
903 AUTOMATIC SPRINKLER SYSTEMS
903.2 Where Required. Approved automatic fire sprinkler systems in new buildings and structures shall be provided in the locations described in this section, regardless of construction type, occupancy separation walls or area separation walls.
903.2.1 Group A. All Group A-1, A-2, A-3, and A-4 occupancies shall be equipped with an automatic fire sprinkler system throughout the building.
903.2.2 Group B Ambulatory Health Care Facilities. An automatic sprinkler system shall be installed throughout the building in all Group B ambulatory health care facility occupancies when either of the following conditions exist at any time:
1. Four or more care recipients are incapable of self-preservation.
2. One or more care recipients who are incapable of self-preservation are located at other than the level of exit discharge serving such an occupancy.
903.2.2.1 Group B. All Group B occupancies other than those described in Section 903.2.2 shall be equipped with an automatic fire sprinkler system throughout the building when the gross floor area is more than 5,000 square feet.
903.2.3 Group E. All Group E occupancies shall be equipped with an automatic fire sprinkler system throughout the building.
903.2.4 Group F. All Group F occupancies shall be equipped with an automatic fire sprinkler system throughout the building when the gross floor area is more than 2,500 square feet (233 m2). 903.2.4.1 Woodworking Operations. Refer to section 903.2.4. 903.2.6 Group I. All Group I occupancies shall be equipped with an automatic fire sprinkler system throughout the building.
903.2.7 Group M. All Group M occupancies shall be equipped with an automatic fire sprinkler system throughout the building when the gross floor area is more than 5,000 square feet. 903.2.9 Group S. All Group S occupancies shall be equipped with an automatic fire sprinkler system throughout the building when the gross floor area is more than 2,500 square feet (233 m2). 903.2.22 Speculative Building Defined. Any F, M, or S occupancy required by this code to be equipped with automatic fire sprinklers throughout the building in which the tenant is not identified at the time of application for a building permit shall be considered a speculative building. 903.2.22.1 Speculative Building, Sprinkler System Design. Automatic fire sprinkler systems in speculative buildings as defined in Section 903.2.20 with an interior clear height of 12 feet or less shall have a minimum design of .20 gallons per minute over a 2,500 square foot design area (.20/2500). 903.2.22.2 Speculative Building, Sprinkler System Design. Automatic fire sprinkler systems in speculative buildings as defined in Section 903.2.20 with an interior clear height of more than 12 feet shall be designed as set forth in Section 206.2.2 of this code (High-piled storage). 903.2.23 Additions or alterations. Automatic fire sprinkler system throughout the building shall be provided when:
a. Additions to existing buildings adds more than 50% of the existing square footage to the structure and results in a total square footage in excess of 1,500 (one thousand five hundred) square feet;
b. Alterations to Group A, B as described in section 903.2.2. E, F, and S encompass more than 50% of the existing square footage of the structure or is in excess of 1,500 (one thousand five hundred) square feet where there is a change of occupancy to a more hazardous use as determined by the Building Official or Fire Chief;
c. Alterations to Group B other than those described in Section 903.2.2 and M encompass more than 50 % of the existing square footage of the structure or is in excess of 3,000 (three
thousand) square feet or where there is change of occupancy to a more hazardous use as determined by the Building Official or Fire Chief;
d. Alterations to Group R encompass more than 50% of the existing square footage of the structure or is in excess of 2,000 (two thousand) square feet or where there is a change of occupancy to a more hazardous use as determined by the Building Official or the Fire Chief; e. These requirements will be applicable to the combined square footage of all building permit issued for the address or site within the last five years. Buildings or structures separated by less than ten (10) feet shall be considered as a single building or structure. 904 ALTERNATIVE AUTOMATIC FIRE-EXTINGUISHING SYSTEMS
904.13.6 Wood or Wood Product Fueled Cooking. All commercial-type cooking equipment using wood or wood products as fuel shall be protected by an automatic sprinkler system within the hood and the duct work. The water supply may be provided from the building’s fire sprinkler system, or the domestic water supply. The minimum water flow calculation shall be 20 gallons per minute (76 gpm) at 7 psi (.5 bar) for each head. There shall be a separate control valve for the fire sprinkler system protecting the commercial-type cooking equipment.
905 STANDPIPE SYSTEMS
905.13 Fire Hose Requirements. The Fire Code Official may, upon written request of the property owner, waive the requirement for fire hose in conjunction with required standpipe systems. 906 PORTABLE FIRE EXTINGUISHERS
906.3.5 Minimum Fire Extinguisher Rating. The minimum rating for a required fire extinguisher as set forth in this code shall be 2A10BC.
907 FIRE ALARM AND DETECTION SYSTEMS
907.11 False Alarms. The Fire Code Official is authorized to seek cost recovery for a Fire Department response to an alarm system activation which is determined to be a false alarm caused by system malfunction, system misuse or other non-emergency causes. 907.11.1 False Alarm Frequency. The cost recovery fee will be charged for all responses after the second false alarm in a calendar year.
907.11.2 False Alarm Fee. The amount of the cost recovery fee will be as set forth in the City of Guadalupe User Fees Schedule. Additional fees may be charged for extraordinary circumstances. 907.11.3 False Alarm—Legal Action. The Fire Code Official may initiate civil or criminal action as set forth in Guadalupe Municipal Code Chapters 1.10 and 1.11.
912 FIRE DEPARTMENT CONNECTIONS
912.5 Signs. All Fire Department connections, fire sprinkler risers, standpipe connections, and fire pump connections shall be provided with a sign identifying its location in accordance with standards established by the Fire Code Official. Where the fire department connection does not serve the entire building, a sign shall be provided indicating the portion of the building served. 912.5.1 Existing Buildings. All existing buildings equipped with a Fire Department connection, fire sprinkler riser, standpipe connections, and fire pump connections shall have installed, signs as described in Section 912.5 when required by the fire code official. 912.8 Clear Space Makings. A 5-foot (1.5 m) clear space shall be maintained in front the fire department connection when placed directly in front of a parking area or road. Where the clearance required intrudes into the road or parking area the Fire Lane Curb Painting Requirements in section D103.6.4 must be applied.
CHAPTER 10 MEANS OF EGRESS
1013 EXIT SIGNS
1013.7 Floor Level Exit Signs. All buildings, or portions of a building with an occupant load of 50 or more shall be provided with floor level exit signs. The floor level exit signs shall be readily visible from any direction of egress travel. Access to exits shall be marked by readily visible floor level exit signs in cases where the exit or the path of egress travel is not immediately visible to the occupants. Floor level exit sign placement shall be such that no point in a corridor is more than 100 feet (30.5 m) or the listed viewing distance for the sign, whichever is less, from the nearest visible exit sign. 1013.7.1 Installation. Floor level exit signs shall be installed so the bottom of the sign is not less than 6 inches (152 mm), nor more than 12 inches (305 mm) above the adjacent grade. The sign shall be installed on the latch side of exit doors and shall be not less than 4 inches from the door opening. 1013.7.2 Floor Level Exit Sign Illumination. All floor level exit signs shall be illuminated as set forth in Sections 1013.3, 1013.5 and 1013.6.
1028 EXIT DISCHARGE
1028.5.1 Access Way Design. Required exits for all buildings shall be provided with an all-weather surface walkway from the exit discharge to a public way or safe dispersal area as defined in Section 1028.5. The minimum design for the all-weather surface walkway shall be:
1. 48 inches in width (1.2 m) (Greater width may be required based on building occupant load)
2. 84 inches clear overhead (2.5 m)
3. Asphalt or concrete material
1030 ASSEMBLY
1030.18 Bench Seating. Where bench seating is used, the number of persons for exiting design shall be based on one person for each 18 inches (457 mm) of length of the bench. For occupant load and seat assignment, the number of persons shall be based on one person for each 24 inches (610 mm) of length of the bench. Fractional measurements shall be rounded down to the next lowest occupant number.
CHAPTER 11 CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS 1104 MEANS OF EGRESS FOR EXISTING BUILDINGS
1104.3.1 Floor Level Exit Signs. All existing buildings with an occupant load of more than 50 persons shall provide floor level exit signs as set forth in Sections 1013.7, 1013.7.1 and 1013.7.2 when the owner or the owner’s agent applies for a building permit to perform work with a value in excess of $10,000.00. 1104.26 Access Way Design. All existing buildings shall provide an all-weather surface walkway from the exit discharge to a public way or safe dispersal area as defined in Section 1028.5 when the owner or the owner’s agent applies for a building permit to perform work with a value in excess of $10,000.00. The minimum design for the all-weather surface walkway shall be:
1. 48 inches in width (1.2 m) (greater width may be required based on building occupant load).
2. 84 inches clear overhead (2.5 m).
3. Asphalt or concrete material.
CHAPTER 23 MOTOR FUEL DISPENSING FACILITIES AND REPAIR GARAGES 2306 FLAMMABLE AND COMBUSTIBLE LIQUID MOTOR FUEL-DISPENSING FACILITIES 2306.2.3.1 Fire Protection. All above-ground storage tanks for Class I, II, IIIA, and IIIB liquids shall be protected by an automatic water spray system designed and installed in accordance with NFPA Standard #15. The system shall be activated by a manual pull station and heat detectors proportionally spaced around the tank within the containment area.
Exception: Above-ground storage tanks with a fire resistance rating of 2 hours or more. 2306.2.3.2 Conditional Use Permit. Storage of Class I, II, IIIA, or IIIB liquids in above-ground tanks is not permitted in all areas of the City, except those zoning districts where the use is permitted subject to approval of a conditional use permit and a valid conditional use permit is in effect. 2306.2.3.3 Operational Permit. An annual operational permit is required as set forth in section 105.1.6, 105.5.18, and 105.5.33.
2306.4 Physical Protection. Guard posts complying with Section 312 or other approved means shall be provided to protect above-ground tanks against impact by a motor vehicle. 2306.5.1 Identification Placard for Above-ground Tanks. All above-ground tanks containing Class I, II, IIIA, or IIIB liquids shall have an identification placard permanently affixed to it. The identification placard shall have the following information:
a. Tank owner’s name.
b. Physical address of the tank installation.
c. Product contained in tank.
d. Tank capacity.
2307 LIQUEFIED PETROLEUM GAS MOTOR FUEL-DISPENSING FACILITIES 2307.1.1 Conditional Use Permit. Storage, dispensing and use of liquefied petroleum gas in aboveground tanks exceeding 450 gallons is not permitted in all areas of the City, except those zoning districts where the use is permitted subject to approval of a conditional use permit and a valid conditional use permit is in effect.
2307.1.2 Identification Placard for Above-ground Tanks. All above-ground tanks containing liquefied petroleum gas exceeding 450 gallons shall have an identification placard permanently affixed to it. The identification placard shall have the following information:
a. Tank owner’s name.
b. Physical address of the tank installation.
c. Product contained in tank.
d. Tank capacity.
2307.1.3 Operational Permit. An annual operational permit is required as set forth in section 105.1.6, 105.5.28, and 105.5.33.
2308 COMPRESSED NATURAL GAS MOTOR FUEL-DISPENSING FACILITIES 2308.1.1 Conditional Use Permit. Storage, dispensing and use of compressed natural gas in aboveground tanks is not permitted in all areas of the City, except those zoning districts where the use is permitted subject to approval of a conditional use permit and a valid conditional use permit is in effect. 2308.1.2 Identification Placard for Above-ground Tanks. All above-ground tanks containing compressed natural gas shall have an identification placard permanently affixed to it. The identification placard shall have the following information:
a. Tank owner’s name.
b. Physical address of the tank installation.
c. Product contained in tank.
d. Tank capacity.
2308.1.3 Operational Permit. An annual operational permit is required as set forth in section 105.1.6 and 105.5.33.
2309 HYDROGEN MOTOR FUEL-DISPENSING AND GENERATION FACILITIES 2309.1.1 Conditional Use Permit. Storage, dispensing, generation, and use of hydrogen gas in aboveground tanks is not permitted in all areas of the City, except those zoning districts where the use is permitted subject to approval of a conditional use permit and a valid conditional use permit is in effect.
2309.1.2 Identification Placard for Above-ground Tanks. All above-ground tanks containing hydrogen gas shall have an identification placard permanently affixed to it. The identification placard shall have the following information:
a. Tank owner’s name.
b. Physical address of the tank installation.
c. Product contained in tank.
d. Tank capacity.
2309.1.3 Operational Permit. An annual operational permit is required as set forth in section 105.1.6 and 105.5.33.
CHAPTER 31 TENTS AND OTHER MEMBRANE STRUCTURES
3103 TEMPORARY TENTS AND MEMBRANE STRUCTURES
3103.2 Approval Required. Tents and membrane structures having an area in excess of 400 square feet (37 m2) shall not be erected, operated or maintained for any purpose without first obtaining a permit and approval from the Fire Code Official.
Exceptions:
1. Tents used exclusively for recreational camping purposes. 3103.4 Permit. An operational permit is required as set forth in section 105.5 and 105.6 prior to occupation.
CHAPTER 32 HIGH PILED COMBUSTIBLE STORAGE
3206 GENERAL FIRE PROTECTION AND LIFE SAFETY FEATURES
3206.2.2 Speculative Building. Group F, M, and S speculative buildings as defined in Section 903.2.22 having an interior clear height greater than 12 feet where high piled storage may accrue shall comply with this chapter. The storage height shall be determined by subtracting 48 inches from the highest point of the roof above each system for ESFR and 30 inches from the highest point of the roof above each system for area density applications.
3206.2.3 Minimum Sprinkler Design Requirements for Speculative Buildings. The design of the automatic sprinkler system for speculative buildings as defined in Sections 903.2.22.2 And 3206.2.2 shall be based on storage of a cartooned Class A non-expanded plastic to the available storage height. The storage height shall be determined by subtracting 48 inches from the highest point of the roof above each system for ESFR and 30 inches for area density applications.
CHAPTER 33 FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION 3304 TEMPORARY HEATING EQUIPMENT
3304.1.1 Temporary Heating Equipment. The use of temporary fuel-fired heating equipment shall be prohibited in all occupancies except where a permit has been issued by the Fire Code Official and Building Code Official.
3305 PRECAUTIONS AGAINST FIRE
3305.5 Fire Watch. When required by the Fire Code Official for building demolition that is hazardous in nature, qualified personnel shall be provided as an on-site fire watch. The Fire Watch shall meet the requirements set forth in Chapter 4, 403.11.1.1, 403.11.1.2, 403.11.1.3, 403.11.1.4 and 403.11.1.5 of this code
3311 ACCESS FOR FIRE FIGHTING
3311.1.1 Inspection. The Fire Code Official shall inspect and approve the Fire Department access prior to the issuance of a building permit.
3312 MEANS OF EGRESS
3312.3 Temporary Exit Signage. All buildings under construction or undergoing demolition shall be provided with temporary exit signage when any one or more of the following conditions are present:
1. The building is 2 or more stories in height.
2. The building is 10,000 square feet or larger.
3. When in the opinion of the Fire Code Official, exit signage is necessary due to the design of the building or other unusual circumstances are present.
The location and design of the exit signs shall be determined by the Fire Code Official. 3313 WATER SUPPLY FOR FIRE PROTECTION
3313.1.1 Inspection. The Fire Code Official shall inspect and approve the water system prior to the delivery of combustible materials at the job site.
3316 PORTABLE FIRE EXTINGUISHERS
3316.1 Where Required. Structures under construction, alteration or demolition shall be provided with not less than one approved portable fire extinguisher in accordance with Section 906 and sized for not less than ordinary hazard as follows:
1. At each stairway on all floor levels where combustible materials have accumulated.
2. In every storage and construction shed.
3. Throughout the building under construction in sufficient quantity so travel distance does not exceed 75 feet (23 m).
4. The minimum rating for fire extinguishers shall be 2A10BC.
5. Additional portable fire extinguishers shall be provided where special hazards exist including, but not limited to, the storage and use of flammable and combustible liquids.
CHAPTER 56 EXPLOSIVES AND FIREWORKS
5605 MANUFACTURE, ASSEMBLY AND TESTING OF EXPLOSIVES, EXPLOSIVE MATERIALS AND
FIREWORKS
5605.1.2 Manufacturing of Fireworks and Pyrotechnic Special Effects Materials. The manufacturing of fireworks is prohibited except when licensed by the California State Fire Marshal and permitted by the Guadalupe Fire Department. For the purpose of this chapter, the altering of any firework from its original design shall be considered manufacturing.
5607 BLASTING
5607.1.1 Storage and Use of Explosives and Blasting Agents. The storage of explosive and blasting agents is prohibited in all areas of the City, except those zoning districts where the use is permitted subject to approval of a conditional use permit and a valid conditional use permit is in effect, except for temporary storage for use in connection with approved blasting operations provided a permit has been issued by the City for the temporary use. However, this prohibition shall not apply to wholesale and retail stock of small arms ammunition, explosive bolts, explosive rivets or cartridges for explosive actuation power tools in quantities involving less than 500 pounds of explosive material. 5608 FIREWORKS DISPLAY
5608.1.2 Displays. Permits issued by the Guadalupe Fire Department are required to conduct any fireworks display. Permit application to the City shall be made not less than 15 work days prior to the scheduled date of the display. At the time of permit application, the Fire Chief shall be consulted regarding the requirements for standby fire apparatus.
5614 FIREWORKS SALES
5614.1 Safe and Sane Fireworks. The manufacture, display, sales, storage, possession, use and handling of safe and sane fireworks shall be in accordance with the California Code of Regulations and this chapter. Safe and sane fireworks are those fireworks as defined by Section 12529 of the California Health and Safety Code.
5614.2 Date and Hours of Sale and Use. Safe and sane fireworks may be sold during the period beginning at twelve noon (12:00 p.m.) on the 28th day of June and ending at eleven fifty-nine (11:59 p.m.) on the 4th day of July each year pursuant to the provisions of Section 12599, California Health and Safety Code.
Daily opening and closing hours of each fireworks stand are optional as long as they fall within the times specified above. Safe and sane fireworks, as defined by Section 12529 of the California Health and Safety Code, may only be used between the hours of 11:00 a.m. and 11:59 p.m. on the 4th of July.
5614.2.1 License—Required. No person or organization shall possess, use, sell or offer for sale any fireworks of any kind without having applied for and received a license issued by the California State Fire Marshal’s Office, as provided for in Section 12688, California Health and Safety Code. 5614.2.2 Permit—Required. No person or organization shall possess, use, sell or offer for sale any fireworks of any kind without having applied for and received a permit from the Guadalupe Fire Department.
5614.2.3 Permit—Issuance. No permits for sale of safe and sane fireworks will be issued to any person, firm or corporation except those nonprofit associations or corporations organized primarily for veteran, patriotic, welfare, civic betterment, or charitable purposes. Proof of nonprofit status may be required.
Each organization must have its principal and primary meeting place within the corporate city limits of the City of Guadalupe. No organization may receive more than one permit for one location for the sale of safe and sane fireworks during any one calendar year. a. The maximum number of permits that will be issued pursuant to this article shall not exceed one permit for each 6,000 residents of the City, or fraction thereof, based on the official City census.
b. If the number of applications exceeds the number of permits to be issued, the permittees during the preceding year shall have first priority for the available permits. Those organizations applying that are beyond the maximum number of permits issued may be put on a waiting list maintained by the Guadalupe Fire Department, if they so request.
EXCEPTIONS: Any prior permittee who fails to operate and any prior permittee who violates any rule, ordinance, regulation, or law while operating a fireworks stand in any one year shall be deemed to have withdrawn from the fireworks sale program. Applicants who are deemed to have withdrawn from the program may apply in writing to the Fire Chief for reinstatement. Prior permit holders may be returned to the program on the waiting list upon demonstrating that failure to timely submit was due to excusable negligence and the applicant otherwise meets the qualifications of this code. 5614.2.4 Permit Application. All applicants for a permit to sell fireworks shall:
1. Furnish the Guadalupe Fire Department a list of names of the organizations and the name, address, and phone number of the individual in each organization who is responsible for the retail sales of the fireworks. This list will be used to send the appropriate letters and application forms to the current list of permit applicants. The list shall be in the possession of the Guadalupe Fire Department no later than May 15th of each year so the appropriate letter and forms may be sent to the permit applicants in a timely fashion.
2. Submit a written application to sell fireworks on the form provided by the City.
3. Submit a copy of a certificate of insurance in the amount of $1,000,000.00 for public liability and property damage, indicating riders attached to the policy designating the City of Guadalupe as an additional insured.
4. Submit a “letter of permission” signed by the property owner or their authorized agent permitting the organization to erect a fireworks stand on the owner’s property.
5. Complete and submit all required paperwork to the Guadalupe Fire Department on or before June 5th for sales to commence during the period June 28th to July 4th of the same year.
Failure to submit a complete application package by June 5th shall be deemed a withdrawal from the fireworks sale program. Applicants who are deemed to have withdrawn from the program may apply in writing to the Fire Chief for reinstatement. The applicant may be returned to the program on the waiting list upon demonstrating that failure to timely submit was due to excusable negligence and the applicant otherwise meets the qualifications of this code.
5614.2.5 Fireworks Stand Construction. Sales of safe and sane fireworks shall only be from temporary fireworks stands. Sale from any other building or structure is prohibited. Temporary fireworks stands shall be subject to the following conditions:
1. No stand shall be located within 25 feet (7.4 m) of a building or within 100 feet (31 m) of any flammable or combustible liquid or flammable gas dispensing or storage operation.
2. Fireworks stands need not comply with the Building Code. All stands must be constructed and erected in a manner that will reasonably ensure the safety of the attendants and customers.
The stands are subject to inspection by the Guadalupe Fire Department at any time and decisions as to the reasonableness of safety and construction of the stand will be determined through these inspections.
3. Fireworks stands need not obtain a conditional use permit.
4. All fireworks stands shall be erected only on commercial or industrial zoned property within the city limits of Guadalupe. No fireworks stand shall be constructed or erected on residentially zoned property.
5. Stand locations shall be approved by the Fire Department prior to construction.
6. Permittees must provide a “letter of permission” from the property owner or their authorized agent approving the use of the property for fireworks sale.
7. Fireworks stands in excess of 24 feet (7.3 m) in length shall have a minimum of 2 exits. 5614.2.6 Fireworks Stand Operation. No person shall be paid any consideration for erecting, constructing, dismantling or operating a fireworks stand.
1. No person shall be paid any consideration for selling or otherwise participating in the sale of fireworks at a stand. This includes constructing, erecting, or dismantling a fireworks stand.
2. While occupied, all fireworks stands shall have a minimum of one 2A rated water pressure fire extinguisher with a current service tag within the stand. The pressurized water type of fire extinguisher shall not be substituted with any other type.
3. All weeds, trash and other combustible debris shall be cleared for a distance of at least 25 feet (7.4 m) from the stand in all directions.
4. Doors of the stands shall not be locked on the outside. The door may be provided with a latch on the inside, provided it does not cause undue delay to anyone exiting in an emergency.
5. The interior of the stand shall be maintained in such a manner as to provide a clear pathway from any point inside to an exit at all times.
6. All electrical power to the stands shall be installed and maintained in a safe manner.
Generators and their fuel shall be stored and operated a minimum of 25 feet (7.4 m) from the stand.
7. No heating appliance shall be permitted inside of a stand or within 25 feet (7.4 m) of a stand.
8. No motor vehicle shall be parked within 25 feet (7.4 m) of a stand.
Exception: Vehicles operated by a permitted organization to pick up or deliver fireworks may be parked within 25 feet (7.4 m) of a stand.
9. All fireworks stands shall be completely emptied of fireworks and the fireworks shall be transported to the central storage facility when the stand is not open for business.
10. No person shall sleep or otherwise occupy a fireworks stand in lieu of removing the fireworks from the stand when not open for business.
11. The temporary fireworks stand will be dismantled and removed from its location not later than the Sunday of the weekend following the 4th of July of each year. It shall be the responsibility of the permittee to remove the stand. If the removal of the stand is not accomplished by this deadline, the City of Guadalupe shall remove and store it until it is redeemed by the payment of appropriate fees and interest thereon, if applicable due to the passage of time before payment is received, for its removal and storage.
5614.2.7 Fireworks Storage, Transportation and Delivery. Storage, transportation and delivery of fireworks shall be in accordance with this chapter.
1. Fireworks storage is authorized in only 2 locations: at the fireworks stands when open for business or at the City-approved centralized storage facility.
2. Fireworks wholesale distributors are responsible for obtaining an approved central storage facility. A Fire Department permit is required for the central storage facility.
3. The central storage facility shall be located only in commercial or industrial zoned areas only.
The central storage facility shall not be located on residentially zoned properties.
4. Fireworks stored in the central storage facility shall be outside of a building. Fireworks shall not be stored within a building.
5. The City of Guadalupe shall not be responsible for any costs or liabilities associated with the central storage facility.
6. The central storage facility shall be enclosed by a fence not less than 6 feet (1.9 m) in height on all sides.
a. Vehicles, trailers, or storage containers shall be placed within the storage facility so that there is a minimum distance of 20 feet (6.1 m) from the perimeter fence. b. Vehicles, trailers, and storage containers shall be kept locked at all times except when fireworks are being loaded and unloaded.
c. The central storage facility shall be approved by the Chief of Police. d. “No Smoking” signs shall be posted on the perimeter fence and at the entrance to the central storage facility. Signs on the perimeter fencing shall be placed every 30 feet (9.1 m).
7. Fireworks shall be transported directly from the central storage facility to the fireworks stands with no stops in between. Transportation shall be by wholesalers or permittees only.
8. The Fire Chief may impose additional conditions as deemed appropriate.
5614.2.8 Violations. Violations of any provision of this chapter shall be a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed $1,000.00, or by imprisonment in the County jail for a period not exceeding 180 calendar days, or both such fine and imprisonment. An administrative citation may also be issued as set forth in Chapters 1.10 and 1.11 of the Guadalupe Municipal Code. The fine for an administrative citation shall not exceed $1,000.00 per violation, per day.
CHAPTER 57 FLAMMABLE AND COMBUSTIBLE LIQUIDS
5701 GENERAL
5701.6 Locations Where Above-ground Tanks Are Prohibited. Storage of Class I, II, IIIA, or IIIB liquids in above-ground tanks outside of buildings is not permitted in all areas of the City, except those zoning districts where the use is permitted subject to approval of a conditional use permit and a valid conditional use permit is in effect.
5701.7 Identification Placard for Above-ground Tanks. All above-ground tanks containing Class I, II, IIIA, or IIIB liquids shall have an identification placard permanently affixed to it. The identification placard shall have the following information:
a. Tank owner’s name.
b. Physical address of the tank installation.
c. Product contained in tank.
d. Tank capacity.
CHAPTER 58 FLAMMABLE GASES
5801 GENERAL
5801.3 Conditional Use Permit. The storage, use, and dispensing of flammable gases in above-ground containers exceeding 450 gallons is not permitted in all areas of the City, except those zoning districts where the use is permitted subject to approval of a conditional use permit and a valid conditional use permit is in effect.
5801.4 Identification Placard for Above-ground Tanks. All above-ground tanks containing flammable gases shall have an identification placard permanently affixed to it. The identification placard shall have the following information:
a. Tank owner’s name.
b. Physical address of the tank installation.
c. Product contained in tank.
d. Tank capacity.
CHAPTER 61 LIQUEFIED PETROLEUM GASES
6101 GENERAL
6101.3 Construction Documents. Where a single LP-gas container is more than 450 gallons (1,704 L) in water capacity or the aggregate water capacity of LP-gas containers is more than 1,000 gallons (3,786 L), the installer shall submit construction documents for such installation. 6104 LOCATION OF LP-GAS CONTAINERS
6104.5 Conditional Use Permit. The storage, use, and dispensing of liquefied petroleum gas in aboveground containers exceeding 450 gallons (1,704 L) is not permitted in all areas of the City, except those zoning districts where the use is permitted subject to approval of a conditional use permit and a valid conditional use permit is in effect.
6104.5.1 Identification Placard for Above-ground Tanks. All above-ground tanks containing more than 450 gallons (1,704 L) of liquefied petroleum gas shall have an identification placard permanently affixed to it. The identification placard shall have the following information:
a. Tank owner’s name.
b. Physical address of the tank installation.
c. Product contained in tank.
d. Tank capacity.
15.08.030 California Fire Code Appendices adopted.
The following Appendices of the California Fire Code,2022 edition, as published by the State of California, and subsequent editions as adopted by the State of California, are adopted by reference subject to the additions, deletions, and amendments set forth in this chapter.
Appendix ‘A’ “Board of Appeals” is adopted in its entirety with the following additions and amendments:
SECTION A 101 GENERAL
A101.1 Scope. A Board of Appeals shall be established within the jurisdiction for the purpose of hearing applications for modification of the requirements of the California Fire Code as adopted and amended by the City of Guadalupe pursuant to the provisions of Section 108 of the California Fire Code.
The Board shall be established and operated in accordance with this section, and shall be authorized to hear evidence from appellants and the Fire Code Official pertaining to the application and intent of this code for the purpose of issuing orders pursuant to these provisions.
A101.3 Membership of Board. The membership of the board shall consist of 3 voting members having the qualifications established by this section. Members shall be nominated by the Fire Chief, subject to confirmation by a majority vote of the City Council.
A101.3.1 Appeals Board Members. The Board of Appeals may be comprised of any combination of the following, but must have at least one general industry or businessperson as described in subsection A101.3.1.5 of this section.
A101.3.1.1 Design Professional. Practicing design professional registered in the practice of engineering or architecture in the State of California.
A101.3.1.2 Fire Protection Engineering Professional. Qualified engineer, technologist, technician or safety professional trained in fire protection engineering, fire science or fire technology. Qualified representatives in this category shall include fire protection contractors and certified technicians engaged in fire protection system design.
A101.3.1.3 Industrial Safety Professional. Registered industrial or chemical engineer, certified hygienist, certified safety professional, certified hazardous materials manager or comparably qualified specialist experienced in chemical process safety or industrial safety.
A101.3.1.4 General Contractor. Contractor regularly engaged in the construction, alteration, maintenance, repair or remodeling of buildings or building services and systems regulated by the code.
A101.3.1.5 General Industry or Business Representative. Representative of business or industry not represented by a member from one of the other categories of Board members described above.
A101.3.1.6 Terms of Office. Members are volunteers and shall serve without remuneration or compensation and shall serve at the pleasure of the City Council.
Appendix B, Fire-Flow Requirements for Buildings, is adopted in its entirety.
Appendix C, Fire Hydrant Number and Distribution, is adopted in its entirety, except Table. C102.1 is replaced with the following table:
TABLE C102.1
NUMBER AND DISTRIBUTION OF FIRE HYDRANTS
FIRE-FLOW
REQUIREMENT (GPM)
MINIMUM NUMBER OF
HYDRANTS
HYDRANT SPACINGa, b
(feet)
MAXIMUM DISTANCE
FROM ANY POINT ON
STREET OR ROAD
FRONTAGE TO A
HYDRANT
1,750 or less 1 400 200
2,000 to 2,250 2 400 200
2,500 3 400 200
3,000 3 400 200
3,500 to 4,000 4 350 200
4,500 to 5,000 5 300 150
5,500 6 300 150
6,000 6 250 150
6,500 to 7,000 7 250 150
7,500 or more 8 or morec 200 125
a. Where streets are provided with median dividers which can be crossed by firefighters pulling hose lines, or where arterial streets are provided with 4 or more traffic lanes and have a traffic count of 30,000 vehicles per day, hydrant spacing shall average 350 feet on each side of the street and be arranged on an alternating basis up to a fire-flow requirement of 7,000 gallons per minute and 300 feet for higher flow requirements.
b. Where new water mains are extended along streets where hydrants are not needed for protection of structures or similar fire problems, fire hydrants shall be provided at spacing not to exceed 600 feet for transportation hazards.
c. One hydrant for each 1,000 gallons per minute or fraction thereof. Flow requirements will be rounded up to the next highest 1,000 gallon per minute increment.
Appendix ‘D’ “Fire Apparatus Access Roads” is adopted in its entirety. With the following additions.
D103.6.3 Fire Lane Sign Requirements. No Parking/Fire Lane signs must follow these guidelines:
a. The CVC Code 22500.1 (CVC 22500.1) must be imprinted on the bottom of the sign. b. All lettering shall be red on white reflective background no smaller than 2 inches in height. c. The sign shall be no smaller than 12 inches wide by 18 inches high. d. The sign shall be securely mounted facing the direction of travel and clearly visible to oncoming traffic entering the designated area. Signs shall be of durable material. e. Signs shall be installed at all driveway entrances and at intervals of not less than 100 feet along all designated fire lanes.
D103.6.4 Fire Lane Curb Painting Requirements. Where a curb exists adjacent to a fire lane, the top and face of the curb shall be painted with red traffic paint. Where the curb is discontinued, a red stripe and stencil as described below shall be painted to define the fire lane. Red curbs, red stripes and white stencils must be maintained in good condition and follow these guidelines:
a. The face of the curb shall be stenciled with the words: NO PARKING FIRE LANE in white block letters a minimum 4 inches in height.
b. The stencil must be painted on the FACE of the curb. Exception: Under circumstances where the curb height is less than 4 inches, the stencil may appear on the top of the curb. c. The stencil must appear every 50 feet or less, depending on the configuration of the fire lane. (Where a small island cannot contain both phrases, FIRE LANE must appear the NO PARKING may be omitted).
d. Where no curb exists adjacent to the fire lane, the edge of the fire lane shall be marked with an 8 inch wide red stripe. In addition, a diagonal 8 inch wide red stripe may be required between the edges of the fire lane, with the diagonal stripe connecting the stripes or curbs at the edges of the fire lane. Spacing of the diagonal stripe is every 50 feet.
e. The stripe shall be stenciled with the words NO PARKING FIRE LANE in white block letters, minimum 4 inches in height.
f. The stencil must appear every 50 feet or less, depending on the configuration of the fire lane. If the fire lane is less than 50 feet the stencil must appear at the beginning and end of the fire lane.
Appendix ‘E’ “Hazard Categories” is adopted in its entirety.
Appendix ‘F’ “Hazard Ranking” is adopted in its entirety.
Appendix ‘G’ “Cryogenic Fluids – Weight and Volume Equivalents” is adopted in its entirety.
Appendix ‘I’ “Fire Protection Systems – Noncompliant Conditions” is adopted in its entirety.
Appendix ‘K’ “Construction Requirements for Existing Ambulatory Care Facilities” is adopted in its entirety.
Appendix ‘N’ “Indoor Trade Shows and Exhibitions” is adopted in its entirety.
Section 4. Publication and Effective Date. Within fifteen (15) days after passage, the City Clerk shall cause this ordinance to be posted in three publicly accessible locations in the City. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on January 1, 2023.
Section 5. Savings and Interpretation Clause. This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state law, including, without limitation, the Government Code of the State of California. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and its sections, subsections and clauses in regards to other contracts, shall not be affected.
INTRODUCED at a regular meeting of the City Council held this 8th day of November 2022, by the following vote:
MOTION
AYES:
NOES:
ABSENT:
ABSTAINED:
PASSED AND ADOPTED at a regular meeting of the City Council held this 22nd day of November 2022, by the following vote:
MOTION
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
__________________________________ ______________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS IS TO FORM:
___________________________________
Philip F. Sinco, City Attorney
2022 California Fire Code Amendments
City of Guadalupe
Summary of Changes
Page Description
3 Section 104.11 Authority at Fires and Other Emergencies moved to Section 104.12, and amendment section 104.11 moved to 104.12
3 Deletion of 2019 Municipal Code amendment section 15.08.020 (105.6) 3 Section 107 Inspections moved to Section 108, and amendments section 107.1 to section 108.1 3-4 Section 109 Board of Appeals moved to Section 111, and amendments 109.1, 109.1.1, and 109.1.2 moved to 111.1, 111.1.1, and 111.1.2.
4 Section 110 Violations moved to Section 112, and amendments 110.2 and 110.4 moved to 112.2 and 112.4.
4 Section 112 Stop Work Order moved to Section 113. Amendment 112.4 moved to 113.4, and penalty section changed from 110.4 to 112.4.
4-5 Section 114 Fire Watch moved to Section 403 Special Requirement for Public Safety and renumbered 403.11.1 Fire Watch Personnel.
7 Delete local amendment 403.12.1.2 Duties.
10 Section 603 amendments moved to section 605. Amendment 603.4 renumbered to 605.5 and exaptation note renumbered to 605.5.2 match new 2022 CFC code. 10 Section 604 renumbered to 603 match new 2022 CFC code. 10 Section 604.9 renumbered to 603.8 to match new 2022 CFC Code. 11 Section 607 renumbered and title changed to 606 Commercial Cooking Equipment and Systems to match new 2022 CFC code
11 Section 607.3.4.1 renumbered to 606.3.4.1 to match new 2022 CFC code. 11 Section 901.7 reference 403.11.1 code updated to meet new 2022 CFC changes. 12 Section 903.2.21 renumbered to 903.2.22 to match changes to 2022 CFC code. 12 Section 903.2.22 renumbered to 903.2.23 to match changes to 2022 CFC code. 13 Section 904.12.6 renumbered to 904.13.6 to match changes to 2022 CFC Code 13 Section 912.5 title change from Signage to Signs to match 2022 CFC Code 13 Delete Amendments 1004.6 and 1004.6.1, New 2022 CFC incorporated changes outlined. 14 Section 1029 renumbered to 1030 match new 2022 CFC code and City Amendment changed from 1029.18 to 1030.18.
15 City Amendment 2306.2.3.3 reference code 105.6.18 and 105.6.31 changed to 105.5.18 and 105.5.33 to match 2022 CFC code.
16 City Amendment 2307.1.3 reference code 105.6.28 and 105.6.31 changed to 105.5.28 and 105.5.33 to match 2022 CFC code.
16 City Amendment 2308.1.3 reference code 105.6.31 changed to 105.5.33 to match 2022 CFC code. 16 City Amendment 2309.1.3 reference code 105.6.31 changed to 105.5.33 to match 2022 CFC code. 17 City Amendment 3103.4 reference code 105.6 and 105.7 changed to 105.5 and 105.6 to match 2022 CFC code.
17 City Amendment 3206.2.2 reference code 903.2.21 changed to 903.2.22 to match 2022 CFC code. 17 City Amendment 3206.2.3 reference code 903.2.21.2 changed to 903.2.22.2 to match 2022 CFC code.
17 Section 3303 renumbered to 3304 to match changes to 2022 CFC Code 17 Section 3304 renumbered to 3305 to match changes to 2022 CFC Code and City Amendment 403.11.1.1, 403.11.1.2, 403.11.1.3, 403.11.1.4 and 403.11.1.5 of this code 17 Section 3310 renumbered to 3311 to match changes to 2022 CFC Code 18 Section 3311 renumbered to 3312 to match changes to 2022 CFC Code 18 Section 3312 renumbered to 3313 to match changes to 2022 CFC Code 18 Deletion of amendment 3312.1. New 2022 CFC code incorporates city requirements under section 3313.1
18 City Amendment 3312.1.1 changed to 3313.1.1 to match 2022 CFC code 18 Section 3315 renumbered to 3316 to match changes to 2022 CFC Code 22 Chapter 58 print correction 5701 to 5801.
23 Fire Code year reference change 2019 to 2022
23-24 Section A101.2 renumbered to A101.3 to match changes to 2022 CFC Code 24 Section A101.3 renumbered to A101.3.1.6 to match changes to 2022 CFC Code 26 Section 4, year change from 2020 to 2023
26 Adoption document year change from 2019 to 2022
25
Agenda Item No. 15
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of November 8, 2022
_________________________________ _________________________________ Prepared by: Approved by:
Philip F. Sinco, City Attorney Todd Bodem, City Administrator SUBJECT: City Council Vacancy
RECOMMENDATION:
Consider whether to make an appointment or call for a special municipal election to fill upcoming vacant City Council seat.
BACKGROUND:
Councilmember Ramirez submitted a letter of resignation to the City Clerk on October 25, 2022. (Attachment 1). He specified the date of his resignation as November 29, 2022. Because the effective date of his resignation will occur approximately halfway through his four-year term, whoever eventually fills this vacancy will serve until what would have been the final day of Councilmember Ramirez’ term (which officially ends on December 3, 2024). Of course, whoever is appointed could run for election in 2024, and if he or she won, a new term of office would begin as of December 3, 2024.
DISCUSSION:
Government Code section 36512 provides that a city council must fill a vacant council seat within 60 days after the seat becomes vacant either by making an appointment or calling for a special election to fill the seat. Since the effective date of Councilmember Ramirez’ resignation is November 29, 2022, the Council must make an appointment to fill the vacancy or call for a special election no later than January 28, 2023.
Staff recommends that the City Council fill this vacancy by an appointment process rather than by calling for a special municipal election in light of the high cost of conducting such an election.
Assuming that the Council agrees that the vacancy should be filled by an appointment, staff recommends that the Council direct staff to provide notice to City residents by posting a notice on the City’s website and possibly in some other ways (as directed by the City Council) to inform persons who may be interested in serving the remainder of Councilmember Ramirez’ term. This notice would inform interested personsto submit a letter of interest which should include a description of their qualifications for the office and their reason(s) for wanting to serve in this capacity. Staff further recommends that a Philip F. Sinco
thirty (30) day period for submission of such letters of interest be provided, and that, thereafter, the letters will be reviewed by the Council at its meeting on December 13, 2022, to select which the applicant(s) it is interested in interviewing at an open session to be held on January 10, 2023. The Council may select from these applicants and make the appointment at this meeting, or it can continue its deliberations/selection process to the next meeting (on January 24, 2023) where it will make the appointment, or if necessary, at which time the Council can call for the special election to fill the vacancy.
FISCAL IMPACT:
None.
ATTACHMENTS
1. Council member Ramirez’ resignation letter dated October 25, 2022 ATTACHMENT 1
Agenda Item No. 16
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of November 8, 2022
_______________________________ _________________________________ Prepared by: Approved by:
Shannon Sweeney Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: Main Street/Obispo intersection traffic issues.
RECOMMENDATION:
That City Council provide direction to staff on next steps for traffic control on Highway 166 (West Main Street) in the vicinity of Obispo Street.
DISCUSSION:
The City completed a Local Road Safety Plan (LRSP) on February 22, 2022. This document is available on the City’s website at www.ci.guadalupe.ca.us under Miscellaneous Documents.
In this document, citywide collision data from December 31, 2015, through December 31, 2020, was analyzed to study collision patterns and trends, and identify high crash locations in the City. The highest ranked intersection was identified at State Highway 166/W. Main St. and Obispo Street, with four collisions during the time period analyzed.
As discussed in the LRSP, this is currently a two-way stop control intersection. Warrant assessments were conducted for this intersection, and it has been concluded that this intersection is warranted for both a multi-way stop control and traffic signal control. The Pasadera development is required to install a traffic signal control. Until this traffic signal is installed, the LRSP recommended that the intersection be converted to a multiway stop control as an interim measure.
City staff initiated the process for installing the recommended multiway stop by submitting an encroachment permit application to Caltrans. Caltrans expressed concern that a multiway stop at this location would cause a queuing problem, or backup of vehicles onto the nearby railroad tracks.
Evaluation of data from an existing traffic study for the intersection confirms that the installation of a multiway stop would cause traffic queuing on railroad tracks at peak traffic times.
Traffic analysis at this intersection was completed by Rick Engineering on May 30, 2019. This report calculated a queue length of 915 feet at Main Street and Obispo Street. The distance between the intersection and railroad is 820 feet.
Shannon Sweeney
Based on this information, the encroachment permit application was rescinded, as the request would be denied due to the safety concerns associated with traffic queuing. Note that the traffic signal would mitigate this queuing issue by programming the signal to change before the queue impacts the railroad.
The Pasadera development is in active communication with Caltrans to obtain an encroachment permit for installation of the traffic signal. The current challenge is that Caltrans is requesting that the development redo its environmental impact report that was originally completed and certified in 2012.
Pasadera believes that this report is still valid since the development has not substantially changed.
Completion of the environmental impact report typically takes between 12 and 18 months. The City is not involved in this dispute.
Since the Obispo/166 intersection remains of concern to the City, but the City is unable to install stop signs or speed up the resolution of the dispute between Caltrans and Pasadera, staff has been considering other possible options to reduce the potential risks of accidents at this intersection. The best of these possible options involves the intersection at Flower and 166. A three-way stop at this intersection may help reduce the speed of traffic coming into town on Highway 166 from Santa Maria.
A three-way stop at this location may also help divert some traffic away from the Obispo and 166 intersection by providing a controlled intersection to facilitate a left turn onto Highway 166 eastbound.
Any reduction in traffic at the Obispo/166 intersection reduces the number of potential conflicts. In addition, slower traffic traveling west on Highway 166 can help reduce the severity of accidents that may occur.
Note that there are positives and negatives to this traffic control to the Treasure Park neighborhood. On one hand, the controlled intersection at Flower St./166 facilitates the left-hand turn from this neighborhood onto Highway 166 eastbound. On the other hand, this change may increase traffic along Flower Street and through any of the seven arterial streets, which are residential. Please note however, that most of the houses adjacent to Flower Street do not face the street (side yards only). This would reduce increased risks of traffic conflicts from the increased traffic and vehicles backing out of driveways in addition to reducing increase nuisances to these residents from the increased traffic.
If Council desires, City staff can submit an encroachment permit application for a three-way stop sign to be installed at the Flower/166 intersection. It is possible that Caltrans may still request a queuing analysis. Pasadera has agreed to assist if such a request is made.
Agenda Item No. 17
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of November 8, 2022
___________________________________ _________________________________ Prepared by: Approved by:
Amelia M. Villegas, Interim HR Manager Todd Bodem, City Administrator SUBJECT: Reclassification of the Business Manager Position and Finance Department Reorganization
RECOMMENDATION:
That the City Council adopt Resolution No. 2022-98 approving the reclassification of the Business Manager position and reorganization in the Finance Department.
BACKGROUND:
For years the organizational structure in the Finance Department has been flat with all positions reporting to the Finance Director. With the increase in the department’s customer base, there is a need for direct day-to-day supervision of the operations staff. Utility billing, business license processing, accounts payables, multiple miscellaneous payments and customer contact has increased.
In addition, there is the handling of monthly billing by manually billing for hydrant meter usage; monitor and mailing code enforcement letters and monitoring for 30-day payment, preparing notification and pre-collection letters, as required, and preparing miscellaneous quarterly and annual reporting as required by State and County agencies. The day-to-day operations of the department has seen the need for increased customer service.
DISCUSSION:
With the shift of the day-to-day supervision of the operations side to the Business Manager, the reclassified position title should be changed to “Accounting Supervisor” to reflect the supervisory aspect of the position. The Finance Director will then be able to increase the focus on overseeing the City’s financial management programs, implementing fiscal policies, and establishing financial controls. The Finance Director retains responsibility for internal audits, overseeing the City’s accounting, payroll and utility billing software system, preparation and administration of the annual budget, regular reporting to federal, state, and local agencies, such as CalPERS, Department of Finance, CalTrans, SBCAG and the Federal Transit Administration.
Amelia M. Villegas
While the Accounting Supervisor will have the responsibility of supervising the collection of all City revenue and monitoring the cash flow for investment purposes, this function is under the direction of the Finance Director who will retain the overall responsibility of overseeing and analyzing all revenue and expenditures. In addition, the Finance Director retains responsibility as the custodial of the City’s financial records.
All City departments have the responsibility to provide excellent customer service. The Finance Department is one area where this is especially important because of its daily contact with residents, customers, etc. Having the Accounting Supervisor supervising the staff, extra attention will be given to ensuring staff is completing daily tasks and providing the level of service expected from the Finance Department.
In the past annual audits, the auditors have included a finding saying that the internal controls within the Finance Department should be improved. The reorganization of the day-to-day review of processes to the Accounting Supervisor position would help improve the internal controls, which would mitigate risk of fraud. In addition, the new accounting software includes workflow with more review steps in each process to complete the process. The Accounting Supervisor position would approve the steps, with general direction from the Finance Director.
FISCAL IMPACT:
The salary range for the prior Business Manager position is 205 at $32.844 to $44.016. The proposed salary range for the reclassified Accounting Supervisor position is 215 at $36.279 to $48.620.
With this reclassification, it is recommended the incumbent employee be moved to the new salary range at Step E, $44.099, which is comparable to the employee’s current salary. There is no additional cost recommended for a step increase in this fiscal year. However, the employee will be eligible for a step increase in November 2023, contingent on the employee’s overall performance.
ATTACHMENTS:
1. Resolution No. 2022-98
2. Accounting Supervisor Job Description
3. Organization Chart
RESOLUTION NO. 2022-98
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE APPROVING THE
RECLASSIFICATION AND REVISED JOB DESCRIPTION FOR THE BUSINESS MANAGER TO
ACCOUNTING SUPERVISOR AND REORGANIZATION IN THE FINANCE DEPARTMENT WHEREAS, the number of households, customers and vendors that the Finance Department provides service has significantly increased over the years; and WHEREAS, the Finance Department providing such services has had a static organizational structure with all staff reporting to the Finance Director; and WHEREAS, it is desirable that the duties of supervising the operations-side of the Finance Department be shifted from the Finance Director to allow the Finance Director to focus on other duties; and
WHEREAS, the existing Business Manager position and job description in the Finance Department does not adequately reflect the additional supervisory responsibilities that are needed for overseeing the operations side of the Finance Department; and WHEREAS, this reorganization and reclassification of the prior Business Manager position will allow for more focused internal controls and direct day-to-day supervision of the operations staff; and WHEREAS, this reclassification requires a change of the job title to “Accounting Supervisor” to more effectively reflect the supervisory aspect of the position WHEREAS, SEIU Salary Range 215 has been established for the reclassified Accounting Supervisor position; and
WHEREAS, this reorganization allows for the Finance Director to provide more focus on higher level review of internal processes, budget and general ledger, along with the transition to the new accounting software; and
WHEREAS, the new accounting software requires more workflow and review steps for day-to-day operations that the Accounting Supervisor position would approve, under the general direction of the Finance Director; and
WHEREAS, the annual audit have produced findings that require the City to improve its internal controls within the Finance Department; and
WHEREAS, upon adoption, this reorganization and reclassified position will allow for the continuing attention and focus for the Finance Department to service their whole customer base in an efficient, effective and timely manner.
ATTACHMENT 1
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Guadalupe as follows:
SECTION 1: The City Council approves the reclassification and job description for the regular, fulltime Business Manager position SECTION 2: The City Council approves the reorganization of the Finance Department 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 the regular meeting on the 8 th day of November 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. 2022-98, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held November 8, 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
CITY OF GUADALUPE
ACCOUNTING SUPERVISOR
Revised Nov. 2002
(Prior-Business Manager)
DEFINITION:
Under the general direction of the Finance Director, this position supervises the day-to-day operations of the Finance Department and performs difficult and complex fiscal support duties associated with the maintenance and processing of payroll and associated functions, entries to the general ledger and annual, quarterly and monthly reports to federal and state agencies and CalPERS.
ESSENTIAL FUNCTIONS:
• Supervises the collection of all City revenue and monitors ash flow for investment purposes, under general direction of the Finance Director. Revenues include property tax, sales tax, utility users’ tax, franchise fees, business license fees, property rental including cell site leases, building permits, development impact fees, Measure A revenue, gas tax, local transportation funds, enterprise fund revenue (water, sewer, solid waste and transit) plus various state and federal grants)
• Selects, trains, evaluates and supervises Finance Department operations staff. Acts as backup to operations functions, as needed. Handles complex water services issues and customer complaints.
• Performs all payroll related functions including the processing of bi-weekly and monthly payrolls for all City employees, as well as related payroll deductions and benefits. Prepared quarterly and year-end tax reports and processes payroll and benefit related vendor payments. • Ensures the integrity and maintenance of internal controls with payroll system in compliance with all state and federal payroll regulations and local policies and procedures. Reconciles all payroll liability accounts and prepares journal entries, as necessary, on a monthly basis. Electronically prepares CalPERS wage report per specified procedures on a bi-weekly basis. • Monitors bank activity daily in warrant account to post electronic revenues received and electronic disbursements.
• Responsible for Annual government Compensation Report with payroll data for State Controller. • Assists in the development of Annual Audit by preparing lead sheets for balance sheet accounts and responds to auditors on payroll-related matters.
ATTACHMENT 2
Accounting Supervisor
Job Description
November 2022
KNOWLEDGE/SKILLS:
• Principles, practices and techniques of general accounting procedures • Software account system modules for Accounts Payable, utilities and payroll; knowledge of Tyler system, preferred
• Principles and practices of effective personnel supervision, evaluation and training • Ability to solve practical problems and deal with a variety of concrete variables in situations where only limited standardization exists
• Ability to analyze raw data and information and prepare conclusions and recommendations • Excellent verbal, written and customer service skills • Ability to maintenance confidential information
• Ability to work both in a team environment and independently EDUCATION & EXPERIENCE:
• High School Diploma, GED or equivalent; additional accounting coursework, strongly preferred. • Minimum of 4-5 years of general office experience, to include 2 years lead/supervisory experience in an accounting/finance operations environment.
• Experience with dealing with the public and handling customer complaints. • Bilingual, Spanish, both oral and written, is required. • Possession of a valid California Driver’s License, Class C, with a satisfactory (clean) driving record is required.
PHYSICAL REQUIREMENTS:
• Frequently sits for extended periods of time. Occasionally stands for short durations of time and walks short distances.
• Occasionally reaches above, at, and below shoulder level. • Seldom lift, carry, push and pull materials and objects up to 10-15 pounds. • Occasionally bend, stoop, kneel, handle, grip, grasp, extend neck upward, downward, or side-toside. • Visual acuity which could be corrected sufficiently to perform the essential functions of the position; average depth perception needed.
• Ability to effectively communicate verbally to exchange information and to effectively hear and comprehend oral instructions and communications in an office environment. • Frequently use a computer and telecommunications equipment.
Accounting Supervisor
Job Description
November 2022
WORK ENVIRONMENT:
The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. • Primarily works indoors with no exposure to inclement weather, conditions or hazards The noise level in the work environment is usually quiet in the office. _____________________________________________________________________________________________ This job description is not intended to be all-inclusive. The employee may also perform other reasonably related duties as assigned. The City of Guadalupe provides equal employment opportunities to all employees and applicants for employment and prohibits discrimination and harassment of any type without regard to race, color, religion, age, sex, national origin, disability status, genetics, protected veteran status, sexual orientation, gender identity, or expression, or any other characteristic protected by federal, state, or local laws. _____________________________________________________________________________________________ Revised October 2022
Finance
Director
Account Clerk
Full-Time
Account Clerk
Full-Time
Finance Clerk
Part-Time
Accounting
Supervisor
Proposed Finance Department Org Chart
ATTACHMENT 3
Agenda Item No. 18
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of November 8, 2022
________________________________
Prepared by:
Amelia M. Villegas, Interim Human Resources Manager
SUBJECT: Adoption of a resolution authorizing a New Employment Agreement between the City of Guadalupe and Todd Bodem as City Administrator RECOMMENDATION:
It is recommended the Council adopt the attached resolution approving a new employment agreement with Todd Bodem as City Administrator and authorizing the Mayor to sign the agreement on behalf of the City.
BACKGROUND:
The City Council approved an employment agreement with Todd Bodem as the City Administrator at its meeting on October 8, 2019. This agreement was for a three-year period from November 1, 2019, through October 31, 2022.
As required by this agreement, the City Council informed Mr. Bodem after June 30, 2022, of its intention to enter into a new employment agreement with him. The alternative was to inform him at that time if the agreement would not be extended. The negotiations for this new agreement concluded after Mr. Bodem accepted the terms of the City Council’s proposal approved at the conclusion of a closed session on this matter held at the Council meeting on October 25, 2022.
DISCUSSION:
A copy of the new employment agreement between the City and Mr. Bodem is attached as Exhibit 1 to the Resolution for this item (attached hereto as Attachment 1). The agreement is based on the same terms as the prior agreement, with the following changes:
• A term of two (2) years from November 1, 2022, through October 31, 2024. • Base salary will be $146,864.16. A three percent (3%) salary increase may be granted on or after November 1, 2023, if he receives a “satisfactory” performance evaluation from the City Council. He will also be eligible for up to an additional three percent (3%) increase at that time if he has met certain criteria set forth in a “pay-for-performance” program, the terms of which the Council will approve no later than by January 10, 2023.
Amelia M. Villegas
• In lieu of reimbursement at the IRS approve mileage rate if Mr. Bodem uses his personal vehicle for City business, he will receive a $150.00 per month automobile allowance stipend.
• Mr. Bodem will automatically receive a three percent (3%) increase to his base salary (up from a $1.00 per hour increase as provided in the original employment agreement) if any City employee receives an increase to his or her base salary that is higher than Mr.
Bodem’s.
FISCAL IMPACT:
The impact of this new agreement is an increase of expense to the City’s general fund of approximately $11,000 during the first year of the agreement, and up to $20,000 depending on whether Mr. Bodem is awarded a salary increase during the second year of the agreement.
ATTACHMENTS
1. Resolution No. 2022-100
RESOLUTION NO. 2022-100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE APPROVING A NEW
EMPLOYMENT AGREEMENT WITH TODD BODEM AS CITY ADMINISTRATOR AND
AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT ON BEHALF OF THE CITY OF
GUADALUPE
WHEREAS, Todd Bodem was appointed by the City Council to serve as its City Administrator at the Council’s meeting on October 8, 2019, and approved an employment agreement with Mr. Bodem for a term beginning on November 1, 2019, and ending on October 31, 2022; and WHEREAS, pursuant to the terms of that agreement, the City Council previously informed Mr. Bodem in or around July 2022 that it intended to enter into a new employment agreement with him; and WHEREAS, the City Council and Mr. Bodem negotiated the terms for a new employment agreement, which negotiations concluded after Mr. Bodem accepted the terms of the City Council’s offer reached at the conclusion of its closed session discussion held on October 25, 2022; and WHEREAS, Mr. Bodem and the City Council desire to formally enter into a new employment agreement based upon these terms.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Guadalupe as follows:
SECTION 1. The City Council hereby approves the terms of the employment agreement between the City of Guadalupe and Mr. Todd Bodem as City Administrator which is attached hereto as Exhibit 1.
SECTION 2. The City Council hereby authorizes the Mayor to sign the employment agreement on behalf of the City of Guadalupe.
PASSED, APPROVED AND ADOPTED at a regular meeting on the 8th day of November 2022, by the following vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAINED:
I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being C.C. Resolution No. 2022-100 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held November 8, 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
EMPLOYMENT AGREEMENT
BETWEEN THE CITY OF GUADALUPE
&
TODD BODEM
EXHIBIT 1
Employment Agreement Between City of Guadalupe and Todd Bodem
This Agreement is made and entered into this 8th day of November of 2022 by and between the City of Guadalupe, a municipal corporation, (hereinafter called “Employer” of “City” and Todd Bodem, (hereinafter called “Employee”) an individual, both of whom agree as follows:
Section 1: Term:
The term of this agreement shall be for a period of two (2) years, from November 1, 2022 to and including October 31, 2024. Not later than June 30, 2024, Council shall either inform Employee of its intention to negotiate an extension to this agreement or vote to not extend this agreement. Notwithstanding the term of the agreement, Employee acknowledges that this position with the City is an “at-will” position, and Employer need not provide advance notification, sufficient or just cause, or a right of appeal from a decision to terminate Employee. Employee shall be entitled to only such benefits upon termination as are explicitly set forth in this Agreement. Employee is exempt from City's Personnel System and holds no property right in his employment with the City.
Employee agrees that no representative of City has made or can make any promises, statements, or representations which state or imply that Employee is hired or retained under any terms other than at-will and with exemption from City's Personnel System, as set forth above. Employee agrees that no agreement can impliedly arise that Employee is employed under any terms other than at-will and with exemption from City's Personnel System, as set forth above. Employee's status as at-will and exemption from City's Personnel System may only be changed, revoked, amended, or superseded by a written document, signed by Employee and the Mayor following approval by the City Council.
Section 2: Duties and Authority
Employer agrees to employ Employee as City Administrator to perform the functions and duties specified for that position under the California Government Code and Guadalupe Municipal Code Chapter 2.04 and to perform other legally permissible and proper duties and functions. Employee agrees to devote all of his business time, skill, attention, and best efforts to the discharge of the duties and responsibilities assigned to him by the City Council during the term of his employment.
Section 3: Compensation
A. During the term of this Agreement, Employer agrees to pay Employee an annual base salary of one hundred forty-six thousand eight hundred sixty-four and 16/100 Dollars ($146,864.16), payable in installments at the time that other management employees of the employees of the Employer are paid, less any applicable deductions required for taxes Employment Agreement Between City of Guadalupe and Todd Bodem
or other legally required amounts. During the term of this Agreement, should any employee of the City receive a cost of living or other increase in the base salary that equals or exceeds Employee’s base salary set forth in this paragraph, Employer agrees to increase Employee’s base salary to three percent (3%) more than the base salary of the next-highest paid employee of the City. For purposes of this section, “base salary” shall not include those amounts paid to employees for overtime payment.
B. Employee shall be eligible for a three percent (3%) increase on or after November 1, 2023, for the second year of the term of this agreement if Employee receives a “satisfactory” performance evaluation by the Council, and shall also be eligible for up to an additional one, two, or three percent increase at this time if certain “pay-forperformance” criteria have been met as determined by the City Council. The criteria for this “pay-for-performance” program will be approved by the City Council no later than January 10, 2023.
C. Employee shall be entitled to participate in a deferred compensation program pursuant to IRS Code Section 9457(b) administered by Mass Mutual. Should Employee choose to particiapte in this program, the City will not contribute any additional funds to Employee aside from the compensation stated above in Section A.
Section 4: Health Insurance Benefits
A. The Employer agrees to provide and to pay the premiums for insurance programs for the Employee and his dependents equal to those provided to other non-safety department heads of the City of Guadalupe. In the event Employee does not wish to enroll in such insurance programs, Employee may elect to receive the cash equivalent of such benefits by payment into a deferred compensation program.
B. The Employer agrees to provide and pay the premiums for term life insurance in the amount of $105,000 on Employee’s life, the beneficiary of which shall be selected by Employee. With respect to this insurance benefit only, Employee may not elect to receive the cash equivalent of such benefit.
Section 5: Vacation, Sick, Administrative and Holiday Leave Employee shall be credited with vacation, holiday and sick leave in an amount equal to that of other non-safety employees of the City of equal tenure. A vacation accrual cap of 240 hours shall apply – Employee will not earn additional vacation hours in excess of that cap. Employee shall be credited with 20 hours of administrative leave upon commencement of employment, due to the irregular hours and additional hours needed to meet the needs of the City. Thereafter, Employee shall be credited with 80 hours of administrative leave each calendar year of this Agreement. Administrative leave shall be Employment Agreement Between City of Guadalupe and Todd Bodem
replenished annually on January 1 but unused leave shall not be cashed out at the end of each calendar year, contract year, or upon termination or separation from the City. In addition, should Employee resigned from his employment as provided in Section 10 of this Agreement, administrative leave shall be prorated from January 1 of such year Employee resigns and Employee’s final day of employment (at 20 hours per month) and if Employee has used more administrative leave than the prorated amount, such excess will be withheld from Employee’s final paycheck.
Section 6: Retirement
The Employer agrees to enroll the Employee into the applicable State PERS retirement system or plan using the 2% @ 62 base formula. The Employer agrees to make the appropriate Employer contributions on the Employee’s behalf as required by PERS and approved by Council. Employee shall pay the full employee member contribution.
Section 7: General Business Expenses
A. Employer recognizes that certain expenses of a non-personal but job related nature are incurred by Employee, and agrees to reimburse or to pay said general expenses. The Finance Director is authorized to disburse such moneys upon receipt of duly executed receipts, pursuant to the City’s Travel and Expense Reimbursement Policy.
B. The Employer acknowledges the value of Employee being immediately accessible to Council members and staff via electronic mail and mobile telephone at all hours, whether Employee is present at City Hall or not. As such, the Employer shall pay Employee a monthly mobile telephone allowance of $50, which shall cover all expenses of whatever nature incurred in the use of a mobile telephone for his duties for Employer.
C. Employer shall budget for and pay reasonable professional dues, subscriptions, and expenses related to annual conference attendance and occasional training seminars, on behalf of Employee for purposes of allowing his continued and full participation in direct job-related professional organizations for the good of the City at the national, regional, state, and local levels, up to a maximum cost of $2,500 annually. Such organizations shall include membership in the International City/County Manager’s Association and the California League of Cities. Employee will be expected to provide reasonable notice to the City of any planned absences to attend such activities.
D. City shall make available to Employee a City vehicle for his use on City business. Inaddition, City shall provide Employee a monthly payment of Employment Agreement Between City of Guadalupe and Todd Bodem
$150.00 as an automobile allowance stipend to compensate him for the use of his personal vehicle when a City vehicle is unavailable for Employee’s use for City business or when Employee elects to use his personal vehicle on City business..
Section 8: Termination
A. For the purpose of this agreement, termination shall occur when at least three (3) out of five (5) members of the City Council vote to terminate the Employee at a duly authorized public meeting, when Employee is otherwise ready, willing and able to perform the duties of his position.
B. If Employee is permanently disabled or is otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or health, with or without a reasonable accommodation, for a period of four (4) successive weeks beyond any accumulated leave, or for twenty (20) working days over a thirty (30) working day period, Employer shall have the option to terminate this Agreement, subject to the severance pay requirements of Section 9.
C. If the Employer reduces the base salary, compensation or any other financial benefit of the employee in a percentage greater than the average reduction applicable to all department heads, Employee shall have the right to declare that such reduction constitutes termination entitling Employee to severance under Section 9.
D. If the Employee resigns following an offer by Employer to accept resignation, or following a suggestion by Employer to resign, whether formal or informal, then the Employee shall have the right to declare such resignation a termination under this Agreement.
E. If Employee is terminated for cause, Employee will not be entitled to severance pay as provided in Section 9. Cause for termination shall include, but not be limited to: insubordination (defined as direction given to Employee by at least three (3) out of (5) City Councilmembers that is not followed), unethical conduct (as defined under the Political Reform Act), commitment of a criminal act, dereliction of duties as specified in Section 2 of the Agreement, and malfeasance.
Section 9: Severance
A. Except as set forth in subsection E. above, and under Government Code Section 53260, if the Employee is terminated under Section 8, the Employer Employment Agreement Between City of Guadalupe and Todd Bodem
shall provide a severance payment equal to six (6) months base salary at the current rate of pay and health insurance benefits at the employee-only level.
The severance shall be paid in a lump sum. Notwithstanding anything to the contrary in this subsection, pursuant to Government Code Section 53243.2, regardless of the term of this Agreement, if the Agreement is terminated, any cash settlement related to the termination that Employee may receive from City shall be fully reimbursed to City if Employee is subsequently convicted of a crime involving an abuse of his office or position.
B. Whether or not the City is required to pay a severance payment to Employee on termination of Employee, Employee shall be paid for all accrued and unused vacation leave to date of termination then payable under the terms of this Agreement. No payment shall be made upon termination or separation from the City for accrued and unused sick or administrative leave.
C. Employee shall not be entitled to the severance payment set forth in subsection A in the event he is terminated following a conviction of a felony, or of a misdemeanor involving abuse of office or position by Employee, as that term is defined in Government Code Section 53243.4.
D. This Section in no way changes or modifies Employee's status as an at-will employee.
Section 10: Resignation
In the event that the Employee voluntarily resigns his position with the Employer, the Employee shall provide a minimum of sixty (60) days notice unless the parties agree otherwise. If Employee voluntarily resigns his position with the Employer, Employee shall not be entitled to the severance payment set forth in Section 9.
Section 11: Hours of Work
It is recognized that the Employee must devote a great deal of time outside the normal office hours on business for the Employer, including but not limited to City Council and other meetings occurring during evening and night hours, and on days when City Hall is closed to the public. Employer is retaining Employee to perform the duties of City Administrator, and not for any particular working hours or schedule. Employee shall be entitled to no additional compensation for hours worked outside the Employer’s normal office hours.
Employment Agreement Between City of Guadalupe and Todd Bodem
Section 12: Indemnification
A. Employer shall provide Employee defense and indemnification as set forth in Part 7, Division 3.6, Title 1 of the Government Code, specifically Government Code Sections 995 et seq.
B. Employee recognizes that Employer shall have the right to compromise and settle all actions or proceedings in which Employer is providing Employee a defense, even if Employee objects to such compromise or settlement.
Section 13: Other Terms and Conditions of Employment
A. The Employer shall fix any such other terms and conditions of employment as it may determine from time to time, relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City of Guadalupe municipal code or any other California law.
B. During the first year of employment, Employer shall review Employee’s job performance after three (3) months, after six (6) months, and at the end of the Employee’s first year of employment. Thereafter, Employer shall review Employee’s job performance not less frequently than annually during the month of October of each year unless the parties agree otherwise. Interim reviews may be scheduled at any time upon direction of the City Council, with such notice as is required by law. The annual performance reviews and evaluations shall be in writing and in accordance with criteria and format developed jointly by Employer and Employee. The three (3) and six (6) month evaluations during the first year of Employee’s employment may be less formal as determined by the City Council. Employer shall provide Employee a reasonable and adequate opportunity to discuss Employee's evaluation with the Employer. The annual performance reviews and evaluations shall be reasonably related to the Employee's duties under Chapter 2.04 of the Municipal Code and shall be based, in whole or in part, on goals for Employee's performance that are jointly developed and adopted by the Employer and Employee.
Section 14: General Provisions
A. Effective Date: This Agreement shall become effective on approval by the City Council at a regular meeting.
B. Arbitration: Any and all controversies or claims arising out of or relating to Employee's employment with City or the termination of Employee's Employment Agreement Between City of Guadalupe and Todd Bodem
employment with City shall be settled by binding arbitration in accordance with the Employment Arbitration Rules and Mediation Procedures of the American Arbitration Association and judgment on the award rendered by the Arbitrator may be entered in any court having jurisdiction thereof.
C. Severability: The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision.
D. Miscellaneous: Employee's duties and obligations under this Agreement are personal and not assignable. The Agreement shall be binding on the Employer and the Employee as well as their heirs, assigns, executors, personal representatives and successors in interest. Paragraph headings used in this Agreement are for convenience only and shall not be considered part of the terms of the Agreement. No interpretation or construction of any provision or provisions of this Agreement will be influenced by the identity of the party drafting the Agreement. This Agreement will be governed by and construed in accordance with the laws of the State of California.
E. Integration: This Agreement sets forth and establishes the entire understanding between the Employer and the Employee related to the employment of the Employee by the Employer. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of this agreement during the life of the agreement. Such amendments shall be incorporated and made a part of this agreement.
CITY OF GUADALUPE
(“EMPLOYER”)
By:______________________________
Ariston Julian, Mayor
TODD BODEM
(“EMPLOYEE”)
By:______________________________
Todd Bodem