Agenda packet — Guadalupe City Council, November 8, 2022 (part 1 of 2)

November 8, 2022 City of Guadalupe Council Meeting Agenda Page 1 of 6 City of Guadalupe
AGENDA
Regular Meeting of the Guadalupe City Council
Tuesday, November 8, 2022, at 6:00 pm
City Hall, 918 Obispo Street, Council Chambers
The City Council meeting will broadcast live on Charter Spectrum Cable Channel 20 and live streamed on the City of Guadalupe’s Official YouTube channel:
https://www.youtube.com/channel/UCaxeHWd9JkmvKnGFU8BAYQQ If you choose not to attend the City Council meeting but wish to make a comment during Community Participation Forum or on a specific agenda item, please submit via email to [email protected] no later than 2:00 pm on Tuesday, November 8, 2022.

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

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

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

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

1. ROLL CALL:

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

Mayor Pro Tempore Tony Ramirez
Mayor Ariston Julian
November 8, 2022 City of Guadalupe Council Meeting Agenda Page 2 of 6

2. PLEDGE OF ALLEGIANCE

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

4. PRESENTATIONS
• Santa Barbara County Broadband Strategic Plan Project

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

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

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

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

B. Approve payment of warrants for the period ending October 31, 2022.

C. Accept the First Quarter 2022 financial report.

D. Adopt Resolution No. 2022-95 authorizing the City to enter a one-year agreement for planning services with Mr. Larry Appel, Integrity Planning commencing on January 1, 2023.

E. Approval of Amendment No. 1 to Agreement with Hinderliter, De Llamas & Associates (HdL) for cannabis-related services.

F. Adopt Resolution No. 2022-96 entering into an agreement with De Lapide & Associates, Inc. (AKA Dr. Cornelius Nuworsoo), for the preparation of the City of Guadalupe, 6th Cycle Housing Element to remain compliant with the State of California Housing and Community Development (HCD) requirements.

G. MONTHLY REPORTS FROM DEPARTMENT HEADS

1. Planning Department report for October 2022

2. Building Department report for October 2022

3. Public Works /City Engineer’s report for October 2022

4. Los Amigos de Guadalupe Update
November 8, 2022 City of Guadalupe Council Meeting Agenda Page 3 of 6

7. CITY ADMINISTRATOR REPORT: (Information Only)

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

PUBLIC HEARING

9. Public hearing to consider a Notice of Exemption, Conditional Use Permit (2022-027-CUP) and Design Review (2022-030-DR), to allow a high-density residential project consisting of 27 apartment units on the westerly portion of the 0.70-acre property at 823 Guadalupe Street (Assessor’s Parcel Number 115-112-003). The project is proposed pursuant to State Government Code Section 65915 (Density Bonus Law).

Written report: Bill Scott, City Planner
Recommendation: That the City Council:
a. Receive a presentation from staff;
b. Conduct a public hearing, including 1) an opportunity for the applicant to present the proposed project, and 2) receive any comments from the public; and c. Adopt Resolution No. 2022-97 approving the Notice of Exemption, Conditional Use Permit 2022- 027-CUP, and Design Review 2022-030-DR for the 823 Guadalupe Street apartment project.

REGULAR BUSINESS

10. 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 and Girls Clubs of Mid Central Coast).

Written report: Todd Bodem, City Administrator
Recommendation: 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 and Girls Clubs of Central Coast (DBA Boys and Girls Club of Mid Central Coast).

11. Cosecha Guadalupe Farmers Market
Written report: Hannah Sanchez, Recreation Services Manager Recommendation: That the City Council choose from one of the following options:
a. Allow Cosecha Guadalupe access to the Veteran’s Memorial Plaza free of charge including use of utilities; or
b. Pro-rate rental fees and utilities for Cosecha Guadalupe’s use of Veteran’s Memorial Plaza; or c. Allow Cosecha Guadalupe access to Le Roy Park free of charge including use of utilities; or d. Pro-rate rental fees and utilities for Cosecha Guadalupe’s use of Le Roy Park.

November 8, 2022 City of Guadalupe Council Meeting Agenda Page 4 of 6

12. Ordinance No. 2022-506 - Salary Increases for City Officials.

Written report: Philip F. Sinco, City Attorney
Recommendation: That the City Council introduce Ordinance No. 2022-506, 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.

13. 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.

Written report: Mark Green, Contract Building Official
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 Guadalupe Municipal Code to be consistent with the State of California 2022 Building Standards Code of which become effective January 1, 2023.

14. Ordinance 2022-505, adopting the 2022 California Fire Code and amend the Guadalupe Municipal Code to update Fire and Safety regulations.

Written report: Michael Cash, Director of Public Safety Recommendation: 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.

15. Council Seat Vacancy.

Written report: Philip F. Sinco, City Attorney
Recommendation: That the City Council consider whether to make an appointment or call for a special municipal election to fill upcoming vacancy on the City Council.

16. Main Street/Obispo intersection traffic issues.

Written report: Shannon Sweeney, Public Works Director/City Engineer Recommendation: That the City Council provide direction to staff on next steps for traffic control on Highway 166 (West Main Street) in the vicinity of Obispo Street.

17. Reclassification of the Business Manager position and Finance Department reorganization.

Written report: Amelia M. Villegas, Interim HR Manager
Recommendation: That the City Council adopt Resolution No. 2022-98 approving the reclassification of the Business Manager position and reorganization in the Finance Department.

November 8, 2022 City of Guadalupe Council Meeting Agenda Page 5 of 6

18. New Employment Agreement between the City of Guadalupe and Todd Bodem as City Administrator.

Written report: Amelia M. Villegas, Interim HR Manager
Recommendation: That the City Council adopt Resolution No. 2022-100 approving a new employment agreement with Todd Bodem as City Administrator and authorizing the Mayor to sign the agreement on behalf of the City.

19. FUTURE AGENDA ITEMS

20. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS

21. ADJOURNMENT TO CLOSED SESSION MEETING

CLOSED SESSION

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

23. ADJOURNMENT TO OPEN SESSION MEETING

24. CLOSED SESSION ANNOUNCEMENTS

25. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall display case and website not less than 72 hours prior to the meeting. Dated this 4th day of November 2022.
______________________________
Todd Bodem, City Administrator
Todd Bodem
November 8, 2022 City of Guadalupe Council Meeting Agenda Page 6 of 6

PROPOSED FUTURE CITY COUNCIL AGENDA ITEMS
Council Meeting: Date and Subject Department Agenda Category Tuesday, November 22, 2022, at 6:00 pm / Regular Meeting Microenterprise Recipients Recognition Ceremonial Calendar City Council Minutes - October 25, 2022 City Clerk Consent Calendar Second Reading of Ordinance No. 2022-504 – State of
California 2022 Building Standards Code
Building Department Consent Calendar
Second Reading of Ordinance No. 2022-505 – 2022 Fire
Code
Public Safety Consent Calendar
Second Reading of Ordinance No. 2022-506 – Salary
Increases for Elected Officials
Administration Dept. Consent Calendar
Amendment to Agreement with Los Amigos de
Guadalupe
City Attorney Consent Calendar
October Financial Report Finance Department Consent Calendar Continuation of Public Hearing Hwy 1 General Auto
Repair
Planning Department Public Hearing
General Plan Update Planning Department Public Hearing
Solid Waste Contract Public Works Department Regular Business Transit Update Public Works Department Regular Business Tuesday, December 13, 2022, at 6:00 pm / Regular Meeting Cancellation of the December 27th City Council Meeting Administration Dept. Consent Calendar ADU Ordinance Update Planning Department Public Hearing Certification of November 8, 2022, General Municipal
Election
Administration Dept. Regular Business
Appointment of Councilmembers to various boards and
committees
Administration Dept. Regular Business
Other Unscheduled Items Proposed
Date of Item
Department Agenda Category
Tree Ordinance Public Works New Business
Sidewalk Vending Ordinance Planning Department New Business Vacant Property Ordinance Administration Dept New Business Food Truck and Special Event Ordinance Planning Dept New Business Gift Policy City Attorney New Business
Recognizing Food Distribution Volunteers Ceremonial Calendar Benefit for Unrepresented Employees Human Resources New Business Al’s Union Property New Business
Rent Stabilization New Business

SANTA BARBARA COUNTY

BROADBAND STRATEGIC PLAN

PROJECT
Connecting our Communities
1 Agenda Item No. 4

PRESENTATION OUTLINE
• Project Overview and Timeline • Strategy Status • Project Highlights • Speed Test Summary • Recommended Local Actions • Recommended Regional Actions • Next Steps • Q&A 2 TIMELINE
January/February
Data collection begins
Stakeholder group
identification &
development
February/March
Convenings
Prioritization & focus areas
developed
Survey deployment
Aggregate past work
efforts into current work
ISP Outreach Begins
March/April
Identification of assets for
mapping
Correlate with initial
funding targets
Develop priorities &
potential approaches
May/June
Analysis framework
developed
Public outreach
Develop draft outline
July/August
Continue analysis
Build education packets
for county/cities
August/September
Draft strategy out for
review
September/October
Incorporate feedback &
schedule presentations
November
Presentations & project
wrap up
3 PROJECT

HIGHLIGHTS
Priorities identified and
grant ready!
Open
access GIS
mapping
Stakeholders
Data
• Aligning with State and
Federal efforts
• Open access GIS tool
development
• Captured community status
• Everyone wants reliable and
affordable internet
• Guadalupe is ready for
broadband
4 SPEED TEST SUMMARY
5 RECOMMENDED LOCAL ACTIONS- GUADALUPE
6 Organize
Review/consider/adopt
• Identify partnership opportunities
to increase capacity
• Dig once policy
• Prioritize broadband planning
Apply for LATA funds
•Staffing & planning
•Design work
Participate in countywide JPA
if funding is received
•SBCAG coordinates
Support open access GIS
mapping tool
Access
Participate in middle mile
conversations
•SBCAG coordinates
Assist in identifying residences and
businesses that are unable to
connect to internet service
City staff leads
Affordability &
Adoption
Support and foster
partnerships to
overcome
community
barriers
Partner with Digital
Equity Coalition
Support grant work
efforts
SB Foundation
coordinates/BCPC
supports
Redundancy & Resiliency
Planning
Continue to partner with
SBCAG on infrastructure
planning
Continue to meet with major
providers to discuss
public/private opportunities
Prioritize infrastructure
planning and policies to
reduce barrier for fiber
deployment
•Elected officials - lead
•Staff - implement

RECOMMENDED REGIONAL ACTIONS
7 Organize
Complete
strategy
Receive LATA
funding
New hire by
SBCAG
Develop
JPA/Programmatic
EIR/Policy alignment
SBCAG
Coordinates
Middle Mile
Complete North
County Study
(Chumash/Econ
Alliance EDA grant)
Complete regional
middle mile high
level design
Apply for
construction
funding
SBCAG
Coordinates
Last Mile
Engage
telecoms for
public/private
opportunities
Submit
proposals for
CPUC/NTIA to
fund
SBCAG
Coordinates
Adoption
Affordability/Digital
literacy
Secure funding
SB Foundation/ BCPC
supports
In process
TBD
NEXT STEPS 8
2022
Review & adopt strategy
recommendations
Identify staff to participate in middle
mile conversations and as point of
contact for SBCAG
Q1 2023
Determine feasibility of recommendations
Develop priorities and approach
Meet with ISPs
Prepare to apply for grant funding
Participate in and support regional model
of a Broadband JPA
Q2
Determine feasibility of policy
recommendations
Prioritize policy recommendations
Submit grant application
Q3
Council to determine priorities
Q4
Depends on previous actions and steps
Q&A Thank you!
9 Agenda Item No. 6B

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of November 08, 2022
Pre�:
1 Veronica Fabian
Finance Account Clerk
Lorena Zarate
Finance Director
Approved by:

Todd Bodem
City Administrator
SUBJECT:

RECOMMENDATION:

Payment of warrants for the period ending October 31, 2022, to be approved for payment by the City Council. Subject to having been certified as being in conformity with the budget by the Finance Department staff.

That the City Council review and approve the listing of hand checks and warrants to be paid on November 9, 2022.

BACKGROUND:

Submittal of the listing of warrants issued by the City to vendors for the period and explanations for disbursement of these warrants. An exception, such as an emergency hand check may be required to be issued and paid prior to submittal of the warrant listing, however, this warrant will be identified as "Ratify" on the warrant listing.
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Agenda Item No. 6C

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of November 8, 2022

_______________________________ _________________________________ Prepared by: Approved by:

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

That the City Council accept the First Quarter 2022 Financial Report DISCUSSION:

The Finance Department has prepared a Financial Report for the fiscal year 2022-2023 through September 2022 for the Council’s and the public’s information. Attached hereto as Attachment No. 1 is the Report. Staff requests that the City Council accept this report for its information. The report includes preliminary numbers for the fiscal year. Please note that the Finance Department is working through the 22-23 fiscal year end process and there may be adjustments to final numbers.

ATTACHMENTS:

1. First Quarter 2022 Financial Report
Lorena Zarate
ATTACHMENT 1

Page 1 of 6 ends

City of Guadalupe
First Quarter Financial Report
Fiscal Year 2022-23 through September 2022
Overview
The fiscal year 2022-23 financial report concentrates on the General Fund and Water/Wastewater Enterprise Funds through September 2022, or 25 percent of the year expended. The purpose of the report is to provide a status of cash, fund balance and budgeted Revenue and Expenditures versus actual at 25 percent of the fiscal year expended. As a disclosure, the year-end process is still in progress and there may be additional adjustments recommended by the auditor, for example revenue and expenses in July or August that will be accrued back to June 2022.

General Fund Cash
Total cash as of September 30th, 2022, was $434,550.94. For comparison, the cash balance for September 2021 was $464,363.41
General Fund Revenue
Actual revenue received through September 30th, 2022, compared to the approved budgeted revenue shows the General Fund below target 15.6 percent of expected revenues as compared to 25% for 3 months expended through the year.

The tables below show General Fund revenue by category. Most all revenue in these categories received in July and August was accrued back to June 2022 as part of the year end process, because they were attributable to the prior fiscal year. Property tax revenue for the current fiscal Attachment 1

Page 2 of 6 ends

year has not yet been received but is expected around November. The City received building permit fees from Escalante Meadows.

Category Budget Actual %
Property Tax 1,650,801 17,785 1.1%
Transfers from other funds 1,665,486 298,869 17.9%
Sales Tax 1,241,166 120,076 9.7%
Utility Users Tax 450,000 105,931 23.5%
Building Permit & Planning 272,900 203,438 74.5%
Business License 272,000 236,090 86.8%
Franchise Fees 260,000 12,407 4.8%
COPS Grant 185,100 7,418 4.0%
Rental of Property 115,300 30,095 26.1%
Administrative Overhead 92,400 4,743 5.1%
Other 726,360 44,619 6.1%
Total Revenue 6,931,513 1,081,473 15.6%
Gen. Fund Revenue by Category
Attachment 1

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General Fund Expenditures
Expenditures are currently under budget at 20 percent expended as compared to the approved budget. The Table and Chart below shows all General Fund Departments and spending trends as of September 30th, 2022. All departments are relatively within budget through September 2022, except for the unexpected cannabis fees that were paid recently. Expenditures shown are still preliminary figures because there may be some expenditures that relate to June 2022 that would be accrued back to the prior fiscal year. Overall, expenditures for the General Fund are higher than revenues by $286,586 through September 2022 related to the timing of receipt of funds and year-end adjustments for accruals. This is pretty typical during the first quarter of the fiscal year.

Other Revenue Budget Actual %
Dividends 1,800 463 25.7%
Other Lic/Permits 18,200 8,468 46.5%
Over counter plan chk - - #DIV/0!
Cannabis 100,000 - 0.0%
Criminal Fines 300 20 6.8%
Other Fines 5,000 3,166 63.3%
Other Gov Grants 6,000 - 0.0%
Vehicle Anti Theft 4,000 1,021 25.5%
LEAP/REAP Grants 127,050 - 0.0%
Grading Permit 900 - 0.0%
Public Impr Plan Chk 500 - 0.0%
Plans & Specs 13,500 6,575 48.7%
AMR Fire 16,700 4,266 25.5%
Other Permit 2,500 2,056 82.2%
Other Service Chages 500 255 51.0%
Chevron 90,000 - 0.0%
Interest Inc 1,000 - 0.0%
Investment Inc - - #DIV/0!
Misc Inc 1,500 3,605 240.3%
Cash Over/Short 10 11 106.7%
SRO 60,400 - 0.0%
rev from other agencies 268,000 - 0.0%
other parks & rec - 690 #DIV/0!
Misc Rev Police 8,500 8,287 97.5%
POST - - #DIV/0!
W/C Reimbursement - 5,286 #DIV/0!
contributions - 450 #DIV/0!
726,360 44,619 6.1%
Attachment 1

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General Fund Balance
The term fund balance is used to describe the net position of governmental funds calculated in accordance with generally accepted accounting principles (GAAP). It is intended to serve as a measure of the financial resources available to the fund. Fund balance represents the total amount accumulated in the fund from prior years at a point in time. The fund balance in the General Fund as of September 30th, 2022 is a positive $243,878.92. As mentioned earlier, this is a preliminary figure. The graph below shows the upward trend through the past several years. As shown in the visual below, the fund balance at the end of September 2021 was $239,949.21 for comparison. A priority for City is to continue to increase the fund balance enough to establish a reserve of a minimum of 15% of the General Fund operating budget, which is $1,020,124.

DEPARTMENT NAME Approved Budget Actual Spent as of
9/30/2022 25%
City Council 12,680 3,014 24%
Administration 507,300 98,983 20%
City Attorney 110,000 19,786 18%
Finance 590,883 129,457 22%
Non Departmental 588,507 66,748 11%
Building Maintenance 329,594 25,694 8%
Police 2,905,300 608,820 21%
Fire 1,264,400 283,166 22%
Parks & Rec 369,372 67,350 18%
Building and Safety 253,060 51,640 20%
Cannabis - 13,402 #DIV/0!
TOTAL ALL DEPARTMENTS: 6,931,096 1,368,059 20%
2022-23 GENERAL FUND EXPENDITURES
Attachment 1

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ENTERPRISE FUNDS – WATER AND WASTEWATER
The Statement of Revenues and Expenditures through September of fiscal year 2022-23 is shown in the Table below.

The following charts compare budget to actual Revenue and Expense:

The Enterprise funds experienced revenue at 26% of budget for Water and 20% for Wastewater for the period.

Water Wastewater

REVENUES
Charges for Services 685,812 473,402
Interest 2,231 -
Other 12,069 46,106
Connection Fees 1,183 631
Developer Fees - -
Total 701,295 520,139

EXPENSES
Operating 301,639 383,756
Capital 146,637 12,035
Depreciation - -
State Water 146,549 -
Debt Service 94,335 -
Total 689,159 395,791
Actuals Through Sept
30, 2022
Attachment 1

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Operating expenses for Water and Wastewater are below budget at 20% and 10%, respectively.

ARPA
During the budget process, City Council approved the use of funds from ARPA in the amount of $1,396,918 for the current fiscal year. So far through September 2022, $100,031.66 has been expended in the current fiscal year, $441,358.41 total since the award. The remaining of the funds would have to be expended by the end of December 2024. Please see Exhibit A for further details.

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

Information in this report is unaudited.
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AB C D N O P Q R S T U V W X
ARPA Summary ‐ Draft

ACTUAL BUDGETED ACTUAL ACTUAL ACTUAL BUDGETED
Description Council Approved FY21‐22 REMAINING FY22‐23 Jul‐22 Aug‐22 Sep‐22 REMAINING FY23‐24 REMAINING revenue General Fund loss of revenue $ 200,456 $ 30,000.00 $ 170,456.17 170,456.17 170,456.17 ‐ 170,456.17 revenue General Plan Environmental impact review $ 46,074 $ ‐ $ 46,073.80 46,073.80 46,073.80 ‐ 46,073.80 Water Utility debt forgiveness $ 35,000 $ 35,000.00 $ ‐ ‐ ‐ ‐ ‐ CDBG Los Amigos de Guadalupe $ 40,000 $ 5,994.21 $ 34,005.79 30,805.79 7,101.84 600.40 26,303.55 ‐ 26,303.55 revenue Cyber Sec Upgrades IT $ 75,000 $ 26,220.00 $ 48,780.00 24,390.00 48,780.00 24,390.00 24,390.00 Rec Manager $ 168,865 $ 39,749.43 $ 129,115.77 92,600.00 9,808.70 6,891.18 6,788.87 105,627.02 36,516.82 69,110.20 Jack O'Connell Park $ 25,000 $ 25,000.00 $ ‐ ‐ ‐ ‐ ‐ 01‐4300‐1550 Concession Stand $ 1,000 $ ‐ $ 1,000.00 1,000.00 1,000.00 ‐ 1,000.00 01‐4300‐1550 Recreational Programs $ 20,000 $ 876.18 $ 19,123.82 19,671.71 1,882.13 20.30 75.81 17,145.58 ‐ 17,145.58 01‐4300‐1550 Tables and C Storage $ 8,900 $ ‐ $ 8,900.00 8,900.00 8,900.00 ‐ 8,900.0001‐4140‐2999 PPE Supplies $ 4,800 $ 169.64 $ 4,630.36 4,630.36 4,630.36 ‐ 4,630.36 Public Safety Paid Volunteers $ 10,000 $ 10,000.00 $ (0.00) ‐ (0.00) ‐ (0.00) CIP Planning Software $ 73,000 $ ‐ $ 73,000.00 73,000.00 73,000.00 ‐ 73,000.00 01‐4140‐2151 Adobe $ 18,208 $ 10,589.21 $ 7,618.51 7,618.51 7,618.51 ‐ 7,618.51 WIFI for LeRoy Park ‐ Change Orders $ 39,000 $ 39,000.00 $ ‐ ‐ ‐ ‐ ‐ Live Streaming Equipment, Webcam, TV's $ 8,500 $ 8,440.22 $ 59.78 ‐ 59.78 ‐ 59.78 01‐4140‐2151 Building Attendent ‐ Live Streaming Administration $ 4,320 $ ‐ $ 4,320.00 4,320.00 4,320.00 ‐ 4,320.00 01‐4140‐2151 Spanish/Mixteco Interpreting Services $ 7,500 $ ‐ $ 7,500.00 7,500.00 7,500.00 ‐ 7,500.00 01‐4140‐2151 Website Update $ 15,000 $ 7,550.00 $ 7,450.00 6,450.00 658.59 6,791.41 ‐ 6,791.41 01‐4140‐2151 Website Content $ 4,800 $ ‐ $ 4,800.00 4,800.00 4,800.00 ‐ 4,800.0001‐4140‐2151 Website Event Management Plugin $ 5,000 $ ‐ $ 5,000.00 5,000.00 5,000.00 ‐ 5,000.00 01‐4140‐2151 Website PW Request ‐ Workflow Management $ 1,200 $ ‐ $ 1,200.00 1,200.00 1,200.00 ‐ 1,200.00 01‐4140‐1550 Surface Pro 7 w/Keyboard $ 19,682 $ ‐ $ 19,681.60 19,681.60 19,681.60 ‐ 19,681.60 CIP City hall roof repairs $ 266,000 $ ‐ $ 266,000.00 300,000.00 9,100.00 2,500.00 254,400.00 ‐ 254,400.00 CIP O'Connell Park gate $ 10,000 $ ‐ $ 10,000.00 100,000.00 10,000.00 ‐ 10,000.00 CIP O'connell irrigation renovation $ 54,000 $ ‐ $ 54,000.00 ‐ 54,000.00 ‐ 54,000.00 CIP City hall painting $ 55,000 $ ‐ $ 55,000.00 ‐ 55,000.00 ‐ 55,000.00 CIP Leroy Park Parking Lot $ 165,000 $ ‐ $ 165,000.00 154,000.00 165,000.00 ‐ 165,000.00 01‐4200‐1400 Generator (1) $ 50,000 $ ‐ $ 50,000.00 50,000.00 50,000.00 ‐ 50,000.00 01‐4145‐2150 Auditorium Upgrades $ 75,000 $ 40,763.39 $ 34,236.61 46,698.11 11,333.84 31,470.00 (8,567.23) ‐ (8,567.23) 01‐4145‐1550 PW Conference Room Upgrades $ 18,000 $ 4,331.43 $ 13,668.57 15,638.57 6,840.00 6,828.57 ‐ 6,828.57 01‐4145‐1550 Finance Office Upgrades $ ‐ $ ‐ $ ‐ ‐ ‐ ‐ ‐ 01‐4145‐2150 Vegetation Maintenance; Gates, vehicle, code compliance $ 50,000 $ 19,124.00 $ 30,876.00 30,876.00 4,960.00 25,916.00 ‐ 25,916.00 Maintenance Lead $ 85,500 $ ‐ $ 85,500.00 75,600.00 85,500.00 9,900.00 75,600.00 CIP Library Relocation $ 30,000 $ ‐ $ 30,000.00 30,000.00 30,000.00 ‐ 30,000.00 Admin and Finance Heating $ 25,240 $ 25,240.16 $ ‐ ‐ ‐ ‐ ‐ SBCAG Broadband Contribution $ 5,223 $ 5,422.63 $ (200.00) ‐ (200.00) ‐ (200.00) 01‐4200‐0100 Differential for Emergency Services Manager $ 3,298 $ ‐ $ 3,298.00 3,298.00 3,298.00 ‐ 3,298.0001‐4405‐0150 Temp. Permit/Planning appointment for scanning $ 1,210 $ ‐ $ 1,210.00 1,210.00 1,210.00 ‐ 1,210.00 Drinking Fountain and refridgerator $ 6,506 $ 6,506.25 $ (0.25) ‐ (0.25) ‐ (0.25) CIP Emergency declaration ‐ electrical issues $ 50,000 $ 1,350.00 $ 48,650.00 50,000.00 48,650.00 ‐ 48,650.00 revenue finance intern/part‐time $ 26,637 $ ‐ $ 26,637.00 11,500.00 26,637.00 ‐ 26,637.00 $ 1,807,918 $ 341,326.75 $ 1,466,591.53 1,396,918.62 37,084.67 17,171.91 45,775.08 1,366,559.87 70,806.82 1,295,753.05 Total ARPA awarded $ 1,860,000Remaining to allocate $ 52,082 TOTAL Actual TOTAL BUDGET ACTUAL ACTUAL ACTUAL TOTAL BUDGET FY21‐22 FY22‐23 July 2022 Aug 2022 Sept 2022 FY23‐24
$ 212,623 related to General Fund $ 659,113 $ 27,985 $ 7,570 $ 6,864.68 related to General Fund $ 70,807 related to General Fund $ 2,453 related to transit $ ‐ $ ‐ $ ‐ $ ‐ related to transit $ ‐ related to transit $ 44,994 related to cdbg $ 30,806 $ ‐ $ 7,102 $ 600.40 related to cdbg $ ‐ related to cdbg $ 2,787 related to fund 60 $ ‐ $ ‐ $ ‐ $ ‐ related to fund 60 $ ‐ related to fund 60 $ 20,220 related to CIP $ 707,000 $ 9,100 $ 2,500 $ ‐ related to CIP $ ‐ related to CIP $ 33,250 related to water $ ‐ $ ‐ $ ‐ $ ‐ related to water $ ‐ related to water $ 25,000 related to fund 38 $ 1,940.00 related to fund 71 $ ‐ related to fund 38$ 341,327 $ 36,370.00 related to fund 76 $ 70,807 $ ‐ $ 1,396,919 $ 37,085 $ 17,172 $ 45,775 $ ‐
$ ‐ $ ‐ $ ‐ $ ‐

EXHIBIT A
Agenda Item No. 6D

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 an agreement with Mr. Larry Appel, Integrity Planning, for independent contractor planning services.

RECOMMENDATION:

It is recommended the Council adopt Resolution No. 2022-95 authorizing the City to enter a one-year Agreement for Planning Services with Mr. Larry Appel, Integrity Planning commencing on January 1, 2023.

BACKGROUND:

In December 2017 the City entered into a “temporary” agreement with Mr. Larry Appel, Integrity Planning to provide independent contractor planning services to the City. In this initial agreement there was no set term, no references to insurance requirements and no detailed scope of the services provided. The initial hourly rate proposed was $85.00.

On April 23, 2019, the City Council approved a new agreement for a one-year term with a negotiated hourly rate increase from $85.00 to $95.00 per hour using the City’s standard professional services agreement. On March 24, 2020, the City Council approved a new agreement for a one-year term with a negotiated hourly rate increase from $95.00 to $105.00 effective as of April 24, 2020 through April 23, 2021. On April 27, 2021, the City Council approved a new agreement for a term commencing on April 24, 2021 through December 31, 2022, with a negotiated hourly rate increase from of $115.00 per hour through April 27, 2022, and an increased hourly rate of $120.00 per hour from April 27, 2022, through December 31, 2022. Since the current agreement with Integrity Planning (Larry Appel) will expire on December 31, 2022, the City Council must consider renewing the agreement. To assist with fiscal planning for the City, Mr. Appel is willing to enter a contract through the end of December 2023, when he plans to cease providing professional planning services as an independent contractor.

Attached for Council consideration is the proposed agreement with Integrity Planning (see Attachment No. 2). The proposed agreement is essentially identical to the current agreement, except for a proposed adjustment in the hourly rate from $120.00 to $125.00 per hour.

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In staff’s opinion the adjustment is warranted. Most private planning firms would charge the City an hourly rate of between $200.00 to $250.00 per hour for someone with a background similar to Mr.

Appel’s.

Mr. Appel plans to cease providing professional planning services as an independent contractor at the end of December 2023. City staff has completed a cost benefit analysis to consider planning services including options for in-house, continued out-sourcing, or a combination thereof by the end of the Mr.

Appel’s contract. It was determined to revisit this item during the mid-fiscal year budget review. In the meantime, staff recommends that the City Council approve the proposed agreement with Integrity Planning.

Options Available to the Council

1. The Council could approve the agreement as recommended;

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

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

FISCAL IMPACT:

With the increase in the hourly rate from $120.00 to $125.00 per hour commencing on January 1, 2023, through December 31, 2023, there would be a modest impact to the City’s General Fund. It should be noted that a significant portion of the charges for services illustrated in the contract would be offset by the planning fees the City collects. This increase would also be more than offset by the reimbursement through the REAP grant. Additionally, the City collects a 30% overhead on all hours Mr. Appel bills when working on reimbursable projects (applicant-paid projects).

ATTACHMENTS:

1. Resolution No. 2022-95

2. Proposed Consultant’s Agreement between the City and Larry Appel/Integrity Planning (January 1, 2023-December 31, 2023)

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RESOLUTION NO. 2022-95

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

INTO AN AGREEMENT WITH LARRY APPEL (INTEGRITY PLANNING) FOR INDEPENDENT CONTRACTOR

PLANNING SERVICES
WHEREAS, the City of Guadalupe is in need of professional planning services and does not have any employees that perform these services; and
WHEREAS, Mr. Larry Appel has served other jurisdictions as a Community Development Director and as a Deputy Planning Director and is well qualified to serve the City of Guadalupe as an independent contractor planner; and
WHEREAS, Mr. Larry Appel of Integrity Planning initially entered into a temporary agreement in 2017 to provide such services for the City; and
WHEREAS, on April 23, 2019, the City Council approved a one (1) year agreement with Integrity Planning to provide professional planning services from April 24, 2019 through April 23, 2020; and WHEARAS, on March 24, 2020, the City Council approved a one (1) year agreement twith Intergrity Planning o provide professional planning services from April 24, 2020, through April 23, 2021; and WHEREAS, on April 27, 2021, the City Council approved a new agreement with Integrity Planning for a term commencing on April 24, 2021 and ending on December 31, 2022, to provide professional planning services with an hourly rate of $115.00 through April 27, 2022, and an hourly rate increase to $120.00 from April 27, 2022, through December 31, 2022, respectfully; and
WHEREAS the City desires to continue to retain Mr. Appel of Integrity Planning to provide said services with a new agreement commencing January 1, 2023, through December 31, 2023; and WHEREAS, the City of Guadalupe has negotiated a contract with Mr. Appel/Integrity Planning that incorporates a scope of work and an hourly rate adjustment from $120.00 to $125.00 commencing on January 1, 2023 through December 31, 2023.

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

SECTION 1. The Agreement for Consulting Services between the City of Guadalupe and Mr. Larry Appel, Integrity Planning, attached to the staff report for this item and incorporated in this resolution, is hereby approved.

SECTION 2. The Mayor is authorized to sign the Agreement with Mr. Larry Appel, Integrity Planning 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 ATTACHMENT 1

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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 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. 2022-95, 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

AGREEMENT FOR CONSULTANT SERVICES

BETWEEN

THE CITY OF GUADALUPE
AND

INTEGRITY PLANNING
THIS AGREEMENT FOR CONSULTANT SERVICES (the "Agreement") is made and entered into this 22nd day of November 2022, by and between the CITY OF GUADALUPE, a municipal corporation ("City") and INTEGRITY PLANNING, a sole proprietorship ("Consultant").

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

Section 1. Term of Agreement. Subject to the provisions of Section 18 (Termination of Agreement) of this Agreement, the term of this Agreement shall be for a period of one (1) year from commencing on January 1, 2023 through December 31, 2024, as first shown above. Such term may be extended upon written agreement of both parties to this Agreement.

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

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

Section 4. Compensation and Method of Payment.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit B (Compensation) and made a part of this Agreement.
(b) Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (Administration, ministerial, and discretionary review). City shall independently review each invoice submitted by Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement and Scope of Services. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event City disputes any charges or expenses, City shall return the original invoice to Consultant with specific items in dispute identified for ATTACHMENT 2
correction and re-submission. All undisputed charges shall be paid in accordance with this Agreement and Scope of Services.
(c) Except as to any charges for work performed or expenses incurred by Consultant, which are disputed by City, City will cause Consultant to be paid within forty-five (45) days of receipt of Consultant's invoice. (d) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. (e) Consultant shall have the right to suspend services if not paid in accordance with this Agreement.

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

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

Section 7. Consultant's Books and Records.
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant's performance of services pursuant to this Agreement. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently completed and detailed so as to permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to the audits of public agencies and their expenditures, unless all documents and records are turned over to the City at the conclusion of the Agreement.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, upon reasonable notice during regular business hours, upon written request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant's address indicated for receipt of notices in this Agreement. The City shall compensate the Consultant for all costs associated with providing these materials to the City.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or destroyed due to dissolution or termination of Consultant's business, City may, by written request, require that custody of such documents or records be given to the requesting party and that such documents and records be maintained by the requesting party. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.

Section 8. Status of Consultant.
(a) Consultant is and shall at all times during the terms of this Agreement remain a wholly independent Consultant and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
(b) The Consultant shall not obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees.

Consultant expressly waives any claim Consultant may have to any such rights.

Section 9. Standard of Performance. Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner.

Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement.

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

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

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

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

Section 13. Conflicts of Interest. Consultant agrees to at all times avoid conflicts of interest with the interests of the City in the performance of this Agreement.

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

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

Section 16. Insurance. Consultant agrees to obtain and maintain in full force and effect during the term of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work provided by Consultant in performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver, if so approved in writing by City Administrator. Consultant agrees to provide City with copies of required policies upon request.

Consultant shall provide the following scope and limits of insurance:

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

B. Minimum Limits of Insurance: If required, Consultant shall maintain limits of insurance no less than:
(1) General Liability: $1,000,000 general aggregate for bodily injury, personal injury and property damage.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
(3) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident.
(4) Errors and Omissions Liability $1,000,000 per claim.

C. Other Provisions: Insurance policies required by this Agreement shall contain the following provisions:
(1) All Policies: Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or other party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested has been given to City.
(2) General Liability and Automobile Liability Coverages. (a) City and its respective elected and appointed officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant.

The coverage shall contain no special limitations on the scope of protection afforded to City, and its respective elected and appointed officers, officials or employees.
(b) Consultant's insurance coverage shall be primary
insurance with respect to City, and its respective elected and appointed officers, officials, employees and volunteers. Any insurance or self insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Consultant's insurance.
(c) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(d) Any failure to comply with the reporting or other
provisions of the policies including breaches of warranties shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.
(3) Workers' Compensation and Employer's Liability Coverage.

Unless the City Administrator otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Consultant.

D. Other Requirements: Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this Agreement have been met. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies at any time. (1) Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
(2) The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.

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

Section 18. Termination of Agreement.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days' written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement at any time upon thirty (30) days' written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant's possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 4 of this Agreement.

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

Section 19. Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default and may terminate this Agreement immediately by written notice to Consultant.

Section 20. Excusable Delays. Consultant shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Consultant. Such causes include, but are not limited to, acts of God, acts of the public enemy, and acts of federal, state or local governments, acts of the City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

Section 21. Cooperation by City. All public information, data, reports and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in Exhibit A, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement.

Section 22. Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or United States mail, postage prepaid, addressed as follows:

To City: City Administrator
City of Guadalupe
918 Obispo Street
Guadalupe, CA 93434
To Consultant: Integrity Planning
Attn: Larry Appel
4352 Foxenwood Circle
Santa Maria, CA 93455
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

Section 23. Authority to Execute. The person or persons executing this Agreement on behalf of the Consultant represents and warrants that they have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.

Section 24. Binding Effect. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.

Section 25. Modification of Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

Section 26. Waiver. Waiver by any party to this Agreement of any term, condition or covenant of this Agreement shall not constitute a waiver of any other term, condition or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any provisions of this Agreement.

Section 27. Law to Govern; Venue. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Santa Barbara. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Los Angeles.

Section 28. Attorney's Fees, Costs and Expenses. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to any award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.

Section 29. Entire Agreement. This Agreement, including the attached exhibits, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding. No amendment to this Agreement shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.

Section 30. Severability. If a term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby, and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

Section 31. Preparation of Agreement. This Agreement is the product of negotiation and preparation by and among the parties and their respective attorneys. The parties, therefore, expressly acknowledge and agree that this Agreement shall not be deemed prepared or drafted by one party or another, or any party's attorney, and will be construed accordingly.

CITY: CONSULTANT:

CITY OF GUADALUPE INTEGRITY PLANNING
By: ______________________________ by: ________________________________ Ariston D. Julian, Mayor Larry Appel, Principal
APPROVED AS TO FORM:
__________________________________
Philip F. Sinco, City Attorney
EXHIBIT A – Scope of Services
Consultant will provide City with planning services similar to a fully functioning planning agency and will operate as a Contract Planning Director, assuming all duties of the Planning Department. While the Consultant is not allowed to maintain an office at the City due to CalPERS requirements for an Independent Contractor, Consultant will provide administrative, ministerial and discretionary planning services as needed to process applications, provide planning research for staff and the general public, update the Guadalupe Municipal Code and any other chapters as requested by City Council or City Administrator, oversee updating of the General Plan, provide monthly reports to City Council and any other reports as requested by City Council or City Administrator, prepare California Environmental Quality Act (CEQA) documents, Categorical and General Exemptions as needed for privately submitted projects, or City projects. Consultants shall attend meetings and hearings, communicate with staff and the public through electronic mail and telephonically, all necessary to carry out the duties of the Contract Planning Director. In general, the Consultant will not exceed 20 hours per week, unless working on a discretionary project (applicant reimbursable).

Exhibit B – Compensation
Contract Planning Director shall be compensated at the rate of One Hundred Twenty-Five ($125.00) Dollars per hour from January 1, 2023 through December 31, 2024.

Council Meeting of 11/08/22 Page 1 of 2
Agenda Item No. 6E

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of November 8, 2022
_______________________________
Prepared by:

Todd Bodem, City Administrator
SUBJECT: Approval of Amendment No. 1 to Agreement with Hinderliter, De Llamas & Associations (HdL) for Cannabis-Related Services
RECOMMENDATION:

It is recommended the Council approve Amendment No. 1 to the City’s agreement with Hinderliter, De Llamas & Associations (HdL) for expanded commercial cannabis-related services and authorize the Mayor to sign the amendment on behalf of the City.

BACKGROUND:

The City entered into an agreement with HdL on April 21, 2020, for technical subject matter expertise and assistance for development of the City’s commercial cannabis program. (See Attachment 1). The scope of services for this agreement (referred to as the “Schedule”) included up to 100 hours of technical assistance including: support/presentations; assistance with developing an ordinance to regulate commercial cannabis; development of a standard operating agreement for all commercial cannabis businesses for agreed upon community benefits including revenue to the City; and assistance with a fiscal analysis to ascertain the costs to the City related to establishment of the commercial cannabis program and application process (to ensure the application and other fees would cover these costs). The compensation due under this agreement was “not to exceed $25,000.” Since the amount of this agreement was under the $50,000 amount that would require approval by the City Council, City Administrator Todd Bodem entered into this agreement with HdL on behalf of the City.

Since then, HdL has worked closely with City staff, the City Council, and the public on the development of the City’s commercial cannabis program. It has not completed all of the services anticipated by this agreement, but it has completed the majority of them to date. The main services that still needed to be provided concerning completing the fiscal analysis and the standard operating agreement for community benefits, which are still on-going.

Council Meeting of 11/08/22 Page 2 of 2
DISCUSSION:

City staff has been very satisfied with the services provided by HdL, and has realized that HdL’s expertise would still be beneficial for the City as the process of completing and administering its commercial cannabis program continues. Accordingly, staff requested that HdL provide an expanded scope of services to include the remaining services still to be provided under the existing agreement, and to provide the following additional services: preparing a standard Community Benefit Agreement (referred to as the standard operating agreement in the current agreement); pre-license site checks; annual audits; and compliance inspections.

Since the continuation of services from the current agreement with the additional and expanded services to be provided by HdL will be in an amount “not to exceed $65,300,” the cost of this agreement will likely be in excess of the $50,000 amount that has been delegated to City staff for consultant services. Therefore, the City Council is required to approve the new amended agreement.

FISCAL IMPACT:

While HdL’s services have been paid by the City, the net impact on the City’s budget is anticipated to be nearly or entirely covered by the fees paid during the application process and the on-going fees that will be required to be paid by the applicants selected to proceed with the commercial cannabis business permit process (since this was part of the fiscal analysis HdL has assisted the City with and will continue with under the proposed amended agreement). In addition, the City will receive a positive impact on its revenue from the commercial cannabis businesses once they commence operations.

ATTACHMENTS

1. Original Agreement between HdL and the City of Guadalupe.

2. Amendment No. 1 to the Agreement between the City of Guadalupe and HdL ATTACHMENT 1

AMENDMENT NO. 1
TO

MASTER SERVICE AGREEMENT

BETWEEN THE CITY OF GUADALUPE
AND
HINDERLITER, DE LLAMAS & ASSOCIATES (“HdL”)
The City of Guadalupe, a municipal corporation ("City") and Hinderliter, De Llamas & Associates ("Consultant") hereby agree to the following amendment to their agreement entered into on April 12, 2021 (the “original Agreement”) effective as of November 8, 2022:

The Schedule attached to the original Agreement is hereby replaced by the revised Schedule attached to this Amendment No. 1.

Except as provided by the foregoing, all other terms and conditions of the original Agreement will remain the same.

CITY: CONSULTANT:

CITY OF GUADALUPE HINDERLITER, DE LLAMAS & ASSOCIATES
By: ________________________ By: ________________________________ Ariston Julian, Mayor Gary Lott, Chief Operating Officer APPROVED AS TO FORM:
___________________________
Philip F. Sinco, City Attorney
DocuSign Envelope ID: 3A16AB17-88B8-401F-8AEB-FA28CA25E136 ATTACHMENT 2
City of
Guadalupe
Cannabis Management Services
September 30, 2022

SUBMITTED BY
HdL Companies
120 S. State College Blvd., Ste200
Brea, CA 92821
hdlcompanies.com

CONTACT
Ajay Kolluri
T: 714.879.5000
E: [email protected]
DocuSign Envelope ID: 3A16AB17-88B8-401F-8AEB-FA28CA25E136 1 Proposal for Cannabis Management Services
for the City of Guadalupe September 30, 2022

TABLE OF CONTENTS
I. COVER LETTER ....................................................................................................................................... 2 II. PROPOSED SCOPE OF SERVICES ............................................................................................................ 3 III. COST....................................................................................................................................................... 7 IV. OPTIONAL SERVICES .............................................................................................................................. 8 V. EXPERIENCE AND RESOURCES ............................................................................................................... 9 VI. REFERENCES......................................................................................................................................... 16 DocuSign Envelope ID: 3A16AB17-88B8-401F-8AEB-FA28CA25E136 2 Proposal for Cannabis Management Services
for the City of Guadalupe September 30, 2022
I. COVER LETTER
September 30, 2022
Todd Bodem
City Administrator
City of Guadalupe
918 Obispo Street
Guadalupe, California 93434
Re: Proposal for Cannabis Management Services
Dear Mr. Bodem,
Thank you for the opportunity to submit this proposal for cannabis management services for the City of Guadalupe. The enclosed scope of services provides for HdL to conduct a cost-recovery fee study, assist the City with developing community benefits agreements, and to conduct prelicense site visits, regulatory compliance inspections and annual revenue audits. The proposal also includes additional hours of general subject matter expertise to be used as needed by the City.

HdL is recognized as the industry leader in the development, implementation and enforcement of cannabis management programs for local governments in California. We have partnered with over 175 California cities and counties on cannabis-related programs, including ordinance development and review, community outreach and education, merit-based application and permitting processes, cost recovery studies, compliance inspections, financial audits, fiscal analyses and law enforcement training.

Our cannabis team has unmatched expertise, with more than 65 years’ combined experience in the development, implementation and enforcement of cannabis regulatory and tax programs.

Our team members have conducted over 18,000 cannabis compliance inspections and financial audits in California, Colorado and Nevada, and have reviewed, scored and processed over 3,500 cannabis business applications in the last six years in California. HdL Companies works solely with public agencies and has no private-sector clients in the cannabis industry.

We look forward to the opportunity to partner with the City of Guadalupe in developing a strategy which meets your program needs. If you have any questions or require additional information, please feel free to contact me by email at [email protected] or Ajay Kolluri at [email protected] or by phone at 714.879.5000.

Sincerely,
Andy Nickerson
President, HdL Companies
DocuSign Envelope ID: 3A16AB17-88B8-401F-8AEB-FA28CA25E136 3 Proposal for Cannabis Management Services
for the City of Guadalupe September 30, 2022
II. PROPOSED SCOPE OF SERVICES
The City of Guadalupe has engaged the services of HdL Companies to assist with the development of its cannabis regulatory and permitting program. The program allows for up to 2 cannabis retailers. Other cannabis business types such as manufacturing, distribution and processing will be allowed without a numerical limit. Commercial cannabis cultivation other than processing is not allowed.

HdL has so far assisted the City with development of a cannabis regulatory ordinance and application process, as well as conducting application reviews, applicant interviews and supplemental background checks. Selected applicants will be required to enter into a negotiated agreement with the City to provide agreed-upon community benefits.

The City is now seeking additional assistance from HdL to develop appropriate cost recovery fees, to assist with negotiating community benefits agreements, and to conduct pre-license site visits, annual revenue audits and regulatory compliance inspections. The City is also requesting that HdL provide additional hours of general subject matter expertise to be used as needed.

These objectives are described in greater detail below.

Objective 1: Cost Recovery Fee Analysis
HdL will conduct a fiscal analysis to determine appropriate post-application regulatory fees, including community benefit agreement development, pre-license site visits, annual revenue audit, and compliance inspection services. The analysis shall consider the costs of all City staff time, overhead, fringe benefits, consultants and any other services associated with each step of the post-application process. HdL staff has experience developing cannabis regulatory fees and doing a “fit gap” analysis of staff responsibilities and time allotted to this program to establish appropriate fees for the City’s level of oversight and enforcement of the regulatory process.

Objective 2: Draft Community Benefit Agreements
HdL shall develop a draft standard community benefit agreement as a means for requiring cannabis businesses to provide agreed-upon community benefits, including revenues for the City. The cost for this service includes providing both the draft community benefit agreement and the operating conditions for each cannabis business type, plus up to 5 hours of consultation or direct negotiation regarding specific community benefits to be provided. Additional hours of negotiation (if requested) would be billed at HdL’s hourly rate. Our community benefit agreement services do not include recording the agreement or legal review, which would both be the responsibility of the City.

Objective 3: Pre-License Site Visits
HdL shall review the premises diagram and conduct a site visit of each cannabis business prior to issuance of a certificate of occupancy. Site visits shall complement the final building inspection by verifying all interior and exterior physical site security requirements have been DocuSign Envelope ID: 3A16AB17-88B8-401F-8AEB-FA28CA25E136 4 Proposal for Cannabis Management Services
for the City of Guadalupe September 30, 2022
addressed in accordance with the application and all State and local requirements. Site visits shall examine all entrances and exits, limited access areas, locks and alarm systems, access control procedures, surveillance camera locations, safes and cash management procedures, signage, operational protocols and administrative privileges associated with the license type(s) being sought, and other requirements as necessary. The HdL inspector may be accompanied on the site inspection by the City’s building inspector or representatives from the Police Department and Fire Department, if desired by the City.

The cost for this service includes an initial premises diagram review and report, coordination and arrangements with the business and other agencies, site visit, post-inspection report, all travel costs and any follow up. This cost assumes 10-days advance notice for scheduling and travel arrangements. A shorter lead time may incur additional travel charges.

Objective 4: Annual Revenue Audits
HdL will conduct an annual revenue audit of each cannabis business to verify the accuracy of the revenue reported and remitted to the City during the review period and will recommend a tax assessment should the audit reveal any unreported revenue. As part of the audit process, HdL will conduct a risk-based review of each business using our proprietary Cannabis Analytical Testing System (CATS™). CATS was designed by HdL to address the unique challenges associated with auditing the cannabis industry. CATS allows audit staff to cross-analyze multiple business records to identify reporting variances, discrepancies and outliers to produce the most accurate measure of gross receipts on behalf of the City.

To initiate the process, the City shall provide HdL with a list of all licensed cannabis businesses subject to audit. HdL shall work with the City to determine the appropriate review period for each business and to develop a schedule for conducting all audits. As the time for each audit approaches, HdL will prepare a notification letter informing the licensee of the impending audit and providing a list of all records and documentation the business is required to provide, including remote access to the business’s point-of-sale (POS) system where applicable. HdL recommends that the notification letter be sent by the City to communicate HdL’s authority to conduct the audit and to encourage cooperation by the business.

The full annual audit shall include:
• Review Point-of-Sale (POS) system structure
• Review inventory system (subject to METRC data)
• Analyze and compare POS data with other available data sources, including:
o City cannabis tax returns
o State tax returns
o Federal tax returns
o METRC sales and inventory data
o CDTFA data
o Bank statements
o ATM or other merchant statements
o Sales receipts
DocuSign Envelope ID: 3A16AB17-88B8-401F-8AEB-FA28CA25E136 5 Proposal for Cannabis Management Services
for the City of Guadalupe September 30, 2022
o Other financial documents as available
• Identify any variances or over/under reporting
• Calculate any taxes or fees due to the City
• Prepare and issue report
Where cannabis cultivation is taxed on a square-footage basis, the audit shall include one annual site inspection to verify compliance with maximum permitted canopy area. Square footage audits may also consider documented findings from inspections by the City, CDFA or other agencies, where available.

A business that holds multiple state cannabis licenses shall be considered a single business for audit purposes, provided that all licenses are held and operated under the same name, ownership, location, and a single tax ID number. Any variation may indicate separate business entities requiring separate audits. Any such determination shall be made on a case-by-case basis in consultation with the City.

HdL will provide a draft audit report to the commercial cannabis business. The business will be given an appropriate opportunity to respond or appeal the report in accordance with the City ordinance. HdL will review any documentation provided by the business to dispute the findings and will adjust the tax/fee assessment as necessary prior to issuing the final report to the City.

The cost for this service assumes a standard 12-month review period. This cost also assumes reasonable cooperation from the licensee. Non-cooperation by the licensee may result in additional charges at HdL’s hourly rate, or in termination of the audit and potential enforcement action by the City. Any such action or additional charges would be determined in consultation with the City.

The cost does not include assistance with administrative appeals or enforcement of audit findings, cannabis tax policy questions or guidance, or other services not directly associated with preparing the revenue audit report. Any costs associated with such additional services would be billed at HdL’s hourly rate.

Objective 5: Compliance Inspections
HdL will conduct one or more on-site compliance inspections annually, as requested by the City, for each permitted cannabis business to determine compliance with State and/or local laws. If HdL identifies any non-compliant activities, we will provide the City with a recommended appropriate action to address the deficiency and to ensure future compliance by the permittee.

The cost for these services includes all of the following:
• Notifying permittee of pending inspection
• On-site inspection to ensure that each business complies with all State and local laws and regulatory protocols for all of the following:
o Inventory management
o Cash handling procedures
o Access control
DocuSign Envelope ID: 3A16AB17-88B8-401F-8AEB-FA28CA25E136 6 Proposal for Cannabis Management Services
for the City of Guadalupe September 30, 2022
o Video surveillance
o Product safety
o Alarm system maintenance and safety
o Lock standards
o Packaging and labeling
o Waste management
o Transportation documentation
o Surveillance equipment maintenance
o Occupational badges
o Business records
o Other items as necessary to ensure compliance with laws • Preparation of a draft report detailing the findings of the inspection and providing recommendations for improvement where needed. If the inspection identifies any violations of law or other non-compliance issues, then HdL will prepare a notice to comply as an included part of the report.
• All travel costs associated with the inspection.
• All phone, email and other communications involved in preparing for, scheduling and coordinating the inspections and providing the report.

The cost for this service does not include any follow-up re-inspection or review of any supplemental documents provided to address or contest any findings of non-compliance, nor does it include any assistance with the appeal of any enforcement action by the City. Any costs associated with such additional services would be billed at HdL’s hourly rate.

Objective 6: Technical Assistance and Subject Matter Expertise HdL will provide up to 40 hours of general consulting to be utilized on an as-needed basis at the City’s request. Such assistance may include technical assistance, subject matter expertise, education, monitoring of changes to State laws and regulations, participation in conference calls, responding to staff inquires via phone and email, reviewing staff reports to the City Council, assisting with responses to inquiries from the public, or other issues yet to be determined as requested by the City.

DocuSign Envelope ID: 3A16AB17-88B8-401F-8AEB-FA28CA25E136 7 Proposal for Cannabis Management Services
for the City of Guadalupe September 30, 2022
III. COST
The costs shown below do not include any follow-up re-inspection or review of any supplemental documents provided to address or contest any findings of non-compliance, nor do they include any assistance with the appeal of any enforcement action by the City. Any costs associated with such additional services would be billed at HdL’s hourly rate.

Prices are valid for 90 days from the date of this proposal to allow time for consideration and negotiating a service agreement. Once under contract, prices shall be honored for the first full year, with successive years subject to an annual increase based upon the Consumer Price Index for the Los Angeles-Long Beach-Anaheim region.

Scope of Service Objectives Estimated
Cost1
Objective 1: Cost Recovery Fee Analysis
Includes post-application fees, including community benefit agreement development, pre-license site visits, annual
revenue audit, and compliance inspection services
$10,000
Objective 2: Draft Community Benefit Agreements $6,000
Objective 3: Pre-License Site Visits $1,600
Objective 4: Annual Revenue Audits2 $10,000
per audit
Objective 5: Compliance Inspections
One or more inspections per year, as requested by the City $1,500
per inspection
Objective 6: Technical Assistance and Subject Matter Expertise Up to 40 hours at $250/hr
$10,0003
Travel (if and as needed for meeting attendance) Hourly Rate4 TOTAL NOT TO EXCEED $65,3003
1 All City costs may be fully recoverable from applicants or permittees 2 Assumes standard 12-month audit review period 3 Objective billed at hourly rate 4 Or at a flat rate to be negotiated 3 Assumes 3 businesses subject to Objectives 3, 4 and 5 Conflicts of Interest and Non-Disclosure
HdL Companies works solely with public agencies and has no private-sector clients in the cannabis industry. All cannabis business information will be kept confidential by HdL and will not be shared internally beyond those HdL employees who are required to have access for DocuSign Envelope ID: 3A16AB17-88B8-401F-8AEB-FA28CA25E136 8 Proposal for Cannabis Management Services
for the City of Guadalupe September 30, 2022
purposes of conducting the work contemplated herein, or for administrative purposes as necessary.

IV. OPTIONAL SERVICES
Hourly Rates for HdL Staff
The prices in this proposal are based on the hourly rates for HdL staff as shown in the chart below. Any additional services requested by the client that are not specifically described in this proposal would be billed at the standard rate for the assigned staff person.

HdL Staff Person Title Hourly Rate
David McPherson Compliance Director $250
Matt Eaton Deputy Compliance Director $250
Ajay Kolluri Deputy Audit Director $250
Mark Lovelace Senior Policy Advisor $250
Elizabeth Eumurian Audit Supervisor $250
Odette Mikhail Auditor $195
Tao Lu Auditor $195
Valerie Carter Auditor $195
Pamela Davis Auditor $195
Eric Magana Auditor $195
Tonson Chieng Auditor $195
David Ross Senior Compliance Inspector $195
Michelle Shaw Compliance Inspector $195
Jeff Burris Compliance Inspector $195
Kristi Lervold Administrative Assistant $120
All rates current as of the date of this proposal
DocuSign Envelope ID: 3A16AB17-88B8-401F-8AEB-FA28CA25E136 9 Proposal for Cannabis Management Services
for the City of Guadalupe September 30, 2022
V. EXPERIENCE AND RESOURCES
Company Profile
Founded in 1983, HdL is a consortium of three companies established to maximize local government revenues by providing audit, compliance, economic development, consulting services and software products. Its audit and consulting services include sales, use and transaction taxes, property taxes, transient occupancy taxes, and a Cannabis Management Program. The firm also provides a variety of enterprise software processing tools for business licensing, code enforcement, animal control, building permits and tracking/billing of false alarms. HdL’s systematic and coordinated approach to revenue management and economic data analysis is currently being utilized by over 500 agencies in six states. The firm currently serves 49 counties, 311 cities and 132 transactions tax districts in California.

HdL’s key staff has extensive experience serving local government and many have previously held positions in city management, finance, planning, economic development or revenue collection. HdL is a Corporate Partner of the League of California Cities and California State Association of Counties and works extensively with the County Auditor’s Association of California, California Society of Municipal Finance Officers (CSMFO) and California Municipal Revenue and Tax Association (CMRTA) on anticipation and planning of programs to strengthen local government revenues.

This close understanding of local government needs coupled with extensive databases and advanced methodology provides for the most relevant, productive and responsive revenue recovery; forecasting; and economic services available.

Our team of professionals has over 65 years of direct experience establishing and implementing cannabis regulatory and taxation programs, including establishing land-use regulations, permit processes, staffing plans, and cost recovery fees; structuring cannabis business tax fees; regulatory compliance; financial audits; and law enforcement training. Our team has conducted over 18,000 cannabis compliance inspections and investigations in California, Colorado and Nevada.

Key Personnel
David McPherson, Compliance Director
David McPherson works with local agencies to prepare them to mitigate regulatory issues surrounding Proposition 64 and SB 94. Prior to joining HdL, David served 28 years in local government for the County of Orange and the cities of Newport Beach, San Jose and Oakland. David’s experience as a law enforcement officer, compliance auditor, and tax administrator has provided him a wealth of experience that makes him uniquely qualified to manage HdL’s Cannabis Management Program. While working for the City of Oakland, he became the first Tax Administrator in the country to successfully tax, regulate and audit medical marijuana businesses. David has over 10 years of experience working with cannabis regulatory programs.

DocuSign Envelope ID: 3A16AB17-88B8-401F-8AEB-FA28CA25E136 10 Proposal for Cannabis Management Services
for the City of Guadalupe September 30, 2022
David is one of the state’s most recognized experts in cannabis regulatory policies, compliance implementation and tax policies. His unique knowledge in horticulture, processing and dispensary operations while working for the City of Oakland has made him one of the pioneers in creating a Cannabis Management Program. He uses his experience to assist local and state agencies in developing cannabis policies for regulation, compliance, auditing and economic development. He worked closely with the League of Cities on the development of the Medical Cannabis Regulation and Safety Act (MCRSA) and helped shape SB 94, the Medicinal Adult-Use Cannabis Regulation and Safety Act (MAUCRSA).

David provides technical support on cannabis-related matters to the League of Cities, the Police Chief’s Association, Rural County Representatives of California and the California State Association of Counties. In addition, David is working collaboratively with the Department of Consumers Affairs, Department of Food & Agriculture, Department of Health Services and the California Department of Tax and Fee Administration on the implementation of best practices for regulating the cannabis industry for local agencies.

David received his Bachelor’s Degree in History from California State University, Fullerton and his Master’s Degree in Public Administration from California State University, Long Beach. While at Long Beach, he was named “Future Urban Administrator of the Year”.

Matt Eaton, Deputy Compliance Director
Matt Eaton is the Deputy Compliance Director at HdL and plays a critical role in implementing the Cannabis Compliance Program for local agencies. Prior to joining the firm, he was a progressive law enforcement professional with 30 years’ experience conducting criminal/regulatory investigations, and corporate/individual background investigations.

While working as a Supervisory Investigator at the Colorado Department of Revenue in the Marijuana Enforcement Division (MED), Matt managed criminal investigators and civilian staff in the Denver Metro and Longmont field offices. During his six-year tenure at the MED, he conducted approximately 10,000 criminal investigations and compliance reviews, including regulatory and financial investigations. He is a subject matter expert on track and trace systems and understands the complexity of reviewing data to ensure businesses are in compliance with state and local regulations. Matt was responsible for planning, developing and implementing report and field inspection protocols for the agency. He also played an instrumental role in recommending changes to current regulations and identifying essential language for new legislation in Colorado. Matt is well known for his ability to maintain working relationships with cannabis industry leaders and external stakeholders in resolving issues.

Matt received his Bachelor of Science Degree from Biola University and maintained Police Officer Service Training (POST) certification for over 30 years in California and Colorado. He has also served as an adjunct instructor teaching law enforcement principle related to criminology, correctional processes, procedural law, interviews, interrogations and criminal evidence at AIMS Community College in Greeley, Colorado.

DocuSign Envelope ID: 3A16AB17-88B8-401F-8AEB-FA28CA25E136 11 Proposal for Cannabis Management Services
for the City of Guadalupe September 30, 2022
Ajay Kolluri, Deputy Director of Policy and Audits
Ajay Kolluri is the Deputy Director of Audits and Operations for HdL’s Cannabis Division. Ajay is responsible for overseeing the cannabis audit team and the daily operations of the division, which includes special projects such as community outreach, surveys, grant solicitation, revenue analysis, cost recovery fee studies, contracts, budgeting, and marketing. Ajay previously served as Program Manager for the Office of Cannabis Oversight (OCO) at City of Long Beach. Working within the City Manager’s Office, Ajay was responsible for the licensing, regulation and enforcement of all commercial cannabis activity in the City, with one of the largest legal cannabis markets in the state. During his tenure with the OCO, Ajay oversaw the issuance over 200 cannabis business licenses, generating over $10 million in annual revenue for the City. Ajay has experience in all aspects of cannabis oversight, including public health and education, planning and zoning, building inspections, enforcement, social equity, fee development, economic analysis and revenue projections.

Prior to overseeing the OCO, Ajay worked in public finance, serving as Budget Analyst for the Department of Financial Management in the City of Long Beach. Ajay holds a Bachelor’s degree in business economics from the University of California, Santa Barbara, and a Master’s degree in public policy from the University of Michigan.

Mark Lovelace, Senior Policy Advisor
Mark Lovelace has 16 years of broad experience in public policy, community engagement and advocacy and is recognized as a leader in advancing the statewide discussion of medical and recreational cannabis as a policy issue in California.

Mark served on the Humboldt County Board of Supervisors from 2009 through 2016 where he was instrumental in developing a comprehensive approach to regulating cannabis, including a voter-approved tax on commercial cultivation and an innovative track and trace pilot program. Mark established and co-chaired the Medical Marijuana Working Group for the California State Association of Counties (CSAC) and helped draft CSAC’s legislative platform for cannabis issues. Mark pioneered the first regional summit on cannabis issues in 2015 which helped guide the development of SB 643 and AB 243, two components of the Medical Cannabis Regulation and Safety Act (MCRSA).

Mark has worked extensively with public agencies and statewide associations on cannabis issues, including CSAC, Rural County Representatives of California, the Association of California Water Agencies, the North Coast Resource Partnership, California Department of Fish and Wildlife, the State Water Board, the North Coast Regional Water Board, the Bureau of Cannabis Control, State legislators, and others. He has led numerous presentations, workshops and panel discussions on cannabis issues and has been a sought-after speaker on the topic for government agencies, community organizations and industry groups.

Mark received his Bachelor of Science degree in Industrial Design from San Jose State University. Prior to his time on the Board, he worked for many years as a respected advocate on land use, planning, development and environmental issues.

DocuSign Envelope ID: 3A16AB17-88B8-401F-8AEB-FA28CA25E136 12 Proposal for Cannabis Management Services
for the City of Guadalupe September 30, 2022
David Ross, Senior Compliance Inspector
David Ross is a Certified Fraud Examiner with 7 years of experience conducting gaming and non-gaming audits and investigations of tribal gaming facilities. David’s experience includes conducting forensic accounting investigations into cash larceny, expense reimbursement fraud, check fraud, credit card fraud, payroll fraud, wire fraud, insider trading, construction fraud in addition to litigation support.

David previously worked as Surveillance Officer and Internal Auditor for the Shingle Springs Tribal Gaming Commission, where he was responsible for analyzing financial statements for a facility with revenues exceeding $20 million per month. David also analyzed internal controls and established policies and procedures to ensure compliance with federal, state and local regulations. In addition, David conducted surveillance reviews and investigations into criminal activity including check and credit card fraud, skimming, money laundering, drug activity and other violations.

David holds a Bachelor’s Degree in Business Administration from Vanguard University in Costa Mesa and a Master’s Degree in Finance from California State University San Bernardino. He is a member of the Association of Certified Fraud Examiners.

Michelle Shaw, Compliance Inspector
Michelle conducts onsite inspections, examinations and other actions to monitor compliance with established standards for local licensed cannabis businesses. Prior to joining HdL, she was a Compliance Specialist Officer at a large, multinational bank where she managed, validated and oversaw the effectiveness and accuracy of numerous compliance issues within the consumer retail space. Throughout her eight years of experience at the bank, she performed assessments of affiliate businesses to determine compliance/non-compliance of their processes and procedures pursuant to bank standards and state regulations.

A graduate of Cypress College, Michelle holds a Foundations of Banking Risk certificate from the Global Association of Risk Professionals and a paralegal certificate from the Southern California College of Business and Law.

Jeff Burris, Background Investigator / Compliance Inspector Jeff Burris has over 28 years’ experience as a Law Enforcement Professional. Jeff began his career with the Orange County Sheriff’s Office before moving to the Ontario Police Department, where he advanced to Corporal, Police Detective and Sergeant before retiring as a Lieutenant.

Jeff worked various investigative assignments during his career, including both criminal and non-criminal investigations. While working as a Police Detective Jeff conducted personnel background investigations for sworn, non-sworn, administrative, and confidential employees.

These investigations included criminal checks, credit checks, prior employment verification, personal reference verification, driving records, pre-polygraph questioning, neighborhood canvassing, and oral interviews. His assignments also included annual State audits for regulatory compliance.

DocuSign Envelope ID: 3A16AB17-88B8-401F-8AEB-FA28CA25E136 13 Proposal for Cannabis Management Services
for the City of Guadalupe September 30, 2022
Jeff received his Bachelor of Science degree in Occupational Management from the California State University in Long Beach. Jeff has completed numerous specialized training courses in investigative techniques, including a course in background investigations by the California Commission on Peace Officer Standards and Training (CA POST), and is a former member of the California Background Investigators Association (CBIA).

Teresa Schneider, Compliance Inspector
Teresa Schneider conducts regulatory compliance inspections for HdL. Teresa served for 28 years with the Montclair Police Department, including 12 years in the Background Investigations Unit. In this capacity, Teresa was responsible for conducting background investigations of all City business license applicants, as well as all sworn and non-sworn positions within the police and fire departments and of civilians requesting access to police department records.

Theresa previously served 4 years in the U.S. Army’s nursing program at Fort Campbell, Kentucky. During this time she attended college at the University of Kentucky and Austin Peay State University. After receiving an Honorable Discharge in 1990, Teresa was hired by the Montclair Police Department. During her 28-year career, she worked numerous assignments, including patrol, K9, detective bureau, court liaison, volunteer coordinator, and red-light automated enforcement. Teresa received many awards throughout her career, including Officer of the Year.

Elizabeth Eumurian, Audit Supervisor
Elizabeth Eumurian is the Audit Supervisor for HdL. Her primary role is to oversee and review the audits conducted by team members to assure accuracy and consistency. She also conducts financial audits, evaluates cannabis applications and conducts background checks.

As part of the audit program, she will be conducting and preparing analytical information through the CATS™ program to prepare Tax Analytical Remittance Reports (TARR) summaries to evaluate under reporting or anomalies in the remittance of tax payments to local jurisdictions.

Elizabeth previously worked as a senior auditor in the entertainment industry. In this role, she executed testing procedures for targeted audit programs, analyzed findings and prepared audit and compliance reports. She also has experience working for a large financial institution analyzing data for reporting anomalies and performing internal audits. Elizabeth has recently done work for Blythe, California City, Coachella, Cotati, Desert Hot Springs, Long Beach, Mammoth Lakes, Moreno Valley, Perris, San Bernardino, and Vallejo.

Elizabeth earned her Bachelor of Arts degree in History from California State University and holds a certificate in CannaBusiness from Oaksterdam University.

DocuSign Envelope ID: 3A16AB17-88B8-401F-8AEB-FA28CA25E136 14 Proposal for Cannabis Management Services
for the City of Guadalupe September 30, 2022
Pam Davis, Auditor
Pam Davis conducts revenue audits of licensed cannabis businesses as a member of HdL’s Cannabis Management Team. Prior to joining HdL, Pam served as the Director for the Richland County (South Carolina) Business Service Center for over 15 years, where she was responsible for auditing businesses to ensure accurate reporting and remittance of a variety of local taxes. Pam also conducted research and rate impact analyses and developed policies, procedures and user manuals to ensure business and governmental compliance.

Pam received a Master’s of Public Administration degree from the University of Georgia and a Bachelor’s Degree in Political Science from Clemson University. She also holds a certificate in CannaBusiness from Oaksterdam University as well as numerous other certifications, Odette Mikhail, Auditor
Odette Mikhail conducts cannabis revenue audits at HdL. Odette previously worked as a senior auditor at public accounting firms. In this role, she executed testing procedures for audit and review engagements, identified accounting issues, reviewed internal controls, and prepared financial reports and statements. Odette earned her Bachelor of Science degree in Accounting and Business Administration from Ain Shams University in Cairo, Egypt.

Tao Lu, Auditor
Tao Lu works as an Auditor for HdL’s Cannabis Management Team. Tao has two and a half years’ experience as an accountant with an emphasis in information technology and food manufacturing industries. He also has public audit work experience at RSM China. Tao was born and raised in China. He earned a Bachelor’s Degree in Accounting and Finance from Syracuse University in New York before relocating to Southern California with his family.

Valerie Carter, Auditor
Valerie Carter works as an Auditor for HdL’s Cannabis Management Team. Valerie has over 5 years of public sector work experience focusing on public policy, auditing and revenue tax implementation. She was a Tax Auditor II for the City of Oakland’s Revenue Management Bureau and an Assistant Management Analyst for the City of Berkeley’s Transportation division. Valerie earned a Bachelor’s Degree in Business Administration from Cal Poly Pomona, with an emphasis on Finance, Real Estate, and Law.

Eric Magana, Auditor
Eric Magana works as an Auditor for HdL’s Cannabis Management Team, conducting revenue audits of licensed cannabis businesses to ensure they are accurately reporting their revenues and remitting the proper amount of fees or taxes. Prior to joining HdL, Eric worked as a Loan Specialist for the U.S. Small Business Administration, where he processed over 5,000 business loans and grant applications. Eric holds a Bachelor’s Degree in Economics and Administrative Studies from University of California at Riverside.

DocuSign Envelope ID: 3A16AB17-88B8-401F-8AEB-FA28CA25E136 15 Proposal for Cannabis Management Services
for the City of Guadalupe September 30, 2022
Tonson Chieng, Auditor
Tonson Chieng is an Auditor for HdL’s Cannabis Management Team, conducting revenue audits of licensed cannabis businesses to ensure they are accurately reporting their revenues and remitting the proper amount of fees or taxes. Tonson previously worked as an accountant for Release Point, a business services company in Claremont, California, where he was responsible for generating and reviewing financial reports for in depth analysis along with other accounting and bookkeeping functions. Tonson also brings experience as a staff accountant for the CPA firm of MMB & Co.

Tonson received a Bachelor of Science degree in Accounting from California Polytechnic State University at Pomona in 2020.

Kristi Lervold, Administrative Assistant
Kristi is the Administrative Assistant for cannabis team. In this role she supports individual team members, coordinates internal processes, and assists with client requests, contracts, billing reconciliation and invoicing. Kristi’s 18-year career includes ten years as the administrative assistant to HdL’s CFO, handling various operational responsibilities and supporting financial functions, as well as experience in the occupational health industry, facilitating services for federal, state, and local government clients. Kristi holds a Bachelor’s of Science degree in Business Management with a minor in Business Administration.

DocuSign Envelope ID: 3A16AB17-88B8-401F-8AEB-FA28CA25E136 16 Proposal for Cannabis Management Services
for the City of Guadalupe September 30, 2022
VI. REFERENCES
County of Santa Barbara
Steven Yee
Fiscal and Policy Analyst
Phone: 805.568.3433
Email: [email protected]

City of Goleta
Luke Rioux
Finance Director
Phone: 805.562.5508
Email: [email protected]
City of Port Hueneme
Tony Stewart
Director of Community Development
Phone: 805.986.6520
Email: [email protected]
County of Ventura
James Importante
Program Management Analyst
Phone: 805.654.5088
Email: [email protected]
City of San Luis Obispo
Greg Herman
Deputy City Manager
Phone: 805.781.7194
Email: [email protected]
DocuSign Envelope ID: 3A16AB17-88B8-401F-8AEB-FA28CA25E136 Cycle 6 Housing Element Options Page 1 of 3 November 8 2022 Agenda Item No. 6F

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 an agreement with De Lapide & Associates, Inc (AKA Dr.

Cornelius Nuworsoo), for the preparation of the City of Guadalupe, 6th Cycle Housing Element to Remain Compliant with the State of California Housing and Community Development (HCD) requirements
EXECUTIVE SUMMARY:

In 2019, the City Council adopted the 2019-2027 Guadalupe Housing Element. This effort was directed by a former city administrator and prepared by Cal Poly students with no assistance from the Planning Director. The document was adopted a day prior to the deadline for submittal of a major grant for LeRoy Park. Had the document not been adopted, the grant application would have been rejected. The Planning Director learned about five months ago that his document was actually a required 5th Cycle Housing Element document, and that a 6th Cycle Housing Element must now be prepared. A Request for Proposals was issued for a consultant to prepare this update to which there was only one response with an estimated cost of approximately $248,000. Funds were not available in the City’s budget for this great an expense, but with the consequences of noncompliance, the Planning Director recently presented several options concerning this situation and requested direction from the Council, including requesting a quote from Dr. Cornelius Nuworsoo of Cal Poly, who oversaw the Cal Poly students who assisted the City in 2019. Staff contacted Dr. Nuworsoo who advised that Cal Poly students were not available to assist with this project but that he was willing to do it as an independent contractor. He provided an estimate of the total cost in the amount of $66,200. Staff confirmed that there was $70,000 unspent in Regional Early Action Planning (REAP) 1 funds the City was previously awarded and the City’s REAP administrator with California Housing and Community Development (HCD) was supportive of the scope change. Since the City has sufficient funds to cover Dr. Nuworsoo’s services to prepare the 6th Cycle Housing Element Update document, staff is recommending that the Council approve a consultant agreement with Dr. Nuworsoo.

RECOMMENDATION:

It is recommended the City Council adopt Resolution No. 2022-96 authorizing the City to enter into an Agreement with De Lapide & Associates, Inc. (Dr. Cornelius Nuworsoo/Cal Poly), for the completion of the City of Guadalupe 6th Cycle Housing Element.

Cycle 6 Housing Element Options Page 2 of 3 November 8 2022 BACKGROUND:

City staff issued a Request for Proposals for a consultant to prepare this update. At the conclusion of the RFP process, the City received only one proposal from EMC Planning Group, the same firm that is preparing the City’s General Plan Update and CEQA document. The total cost for the planning effort was approximately $248,000. Funds were not available in the City’s budget for this cost.

The Planning Director communicated with HCD staff about the consequences of noncompliance or filing the document beyond the due date. According to HCD staff, “There are numerous compliance incentives and noncompliant consequences to not adopting a housing element…” They go on to say, “For incentives, various state grant and loan programs require a HCD certified housing element including:
 Permanent Local Housing Allocation (PLHA)
 Affordable Housing and Sustainable Communities (AHSC)  SB 1 Planning Grants
 CDBG
 Infill Infrastructure Grants (IIG)
 Pro-housing Designation Program
 Local Housing Trust Fund Program (LHTF)”
HCD staff also had the following to say about penalties and consequences of housing element noncompliance:
 General plan inadequacy: When a jurisdiction’s housing element is found to be out of compliance, its General Plan could be found inadequate, and therefore invalid.  Legal suits and attorney fees: Local governments with noncompliant housing elements are vulnerable to litigation from housing rights’ organizations, developers, and HCD.  Loss of permitting authority
 Financial penalties
 Court receivership
In light of the serious consequences of noncompliance, the Planning Director presented several options concerning this situation to the City Council recently and requested direction on how to proceed. In addition to not filing the update when it was due, one of these options included requesting a quote from Cycle 6 Housing Element Options Page 3 of 3 November 8 2022 Dr. Cornelius Nuworsoo of Cal Poly, who oversaw the Cal Poly students who assisted the City in 2019.

The Council approved of this option, and thereafter, staff contacted Dr. Nuworsoo. He advised that Cal Poly students were not available to assist with this project but that he was willing to do it as an independent contractor. He provided a preliminary bid of $50,000 plus expenses totaling $66,200. City staff was pleased that Dr. Nuworsoo had accepted the scope of work, including the CEQA document, which it believes is necessary to achieve approval from HCD. Dr. Nuworsoo believes he can meet the deadline for certification.

Previously, the City had received funding through the Regional Early Action Planning (REAP) grant program from HCD to assist the City with the cost of meeting compliance requirements imposed by state law. The City has approximately $70,000 remaining from the REAP 1 funds. Soon after receiving Dr.

Nuworsoo’s cost estimate, the City contact its REAP grant administrators to see if they would allow us to use these funds for preparation of the Housing Element update, and they were supportive of the scope change.

DISCUSSSION
In light of the dire consequences of noncompliance, and the available of grant funding that is in a sufficient amount to cover the costs of preparing the required Housing Element update document (including CEQA review) as provided by Dr. Nuworsoo, City staff recommends hiring De Lapide & Associates (AKA, Dr. Cornelius Nuworsoo) for this purpose.

Attached (No. 2) for Council’s consideration is the proposed agreement with De Lapide & Associates, Inc.

The proposed agreement provides for the following scoop of work assignments (see more detail within attachment) that fit into the General Plan Update format:

Task 1. Communication and Administration
Task 2. Public Outreach and Input
Task 3. Community Profile Updates
Task 4. Policy and Program Updates
Task 5. HCD Draft Housing Element
Task 6. Public Draft Housing Element
Task 7. CEQA Documentation
Task 8. Housing Element Certification
The following is the fixed-price component on the primary scope of work, the City will pay for the services based on the following schedule:

Fixed Prices

1. A payment of $10,000 payable upon execution of this Agreement.

2. Payment of $30,000 at submittal of draft Housing Element document prior to submission to HCD for certification.

3. Payment of $10,000 at submittal of final Housing Element document after certification by HCD.

Fixed Price Total $50,000
Environmental Accompaniment Price: $10,000
Cycle 6 Housing Element Options Page 4 of 3 November 8 2022 Document Translation Price: $ 5,000
Printing Price: $ 1,050
CD or Flash Drives $ 150
Total $66,200
The proposed agreement provides a term of one (1) year from the date of execution of the attached agreement.

FISCAL IMPACT:

The preparation of the 6th Cycle Housing Element will cost the city $66,200. If Council approves this agreement, the project will be funded by the REAP 1 grant which will have not have a negative impact on the City’s general fund. If HCD certifies the housing element, then the City will have access to millions of dollars in grants and loans that will be jeopardized without it.

ATTACHMENTS:

1. Resolution No. 2022-96

2. Proposed Consultants Agreement between the City and De Lapide & Associates, Inc.

Page 1 of 2 ends

RESOLUTION NO. 2022-96

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE AUTHORIZATION FOR THE EXECUTION OF THE AGREEMENT WITH DE LAPIDE & ASSOCIATES, INC.

FOR THE PREPARATION OF THE CITY OF GUADALUPE, 6TH HOUSING ELEMENT TO REMAIN

COMPLIANT WITH THE STATE OF CALIFORNIA HOUSING AND COMMUNITY DEVELOPMENT (HCD)

REQUIREMENTS
WHEREAS, in 2019, the Guadalupe City Council adopted the 2019-2027 Guadalupe Housing Element; and
WHEREAS, in early 2022, it was learned from the State Housing and Community Development Department (HCD) that the City’s Housing Element was a 5th Cycle document which should have been adopted back in 2015 and a 6th Cycle Housing Element must now be prepared; and WHEREAS, the 6th Cycle deadline for all agencies within Santa Barbara County is February 2023, with a four month grace period to June 2023; and
WHEREAS, HCD informed City staff there are numerous compliance incentives and noncompliant consequences to not adopting a housing element including loss of various state grant and loan programs that require a HCD certified Housing Element; and
WHEREAS, HCD stated there would be penalties for noncompliance of the Housing Element noncompliance including a General Plan inadequacy, legal suits and attorney fees, financial penalties, etc.; and
WHEREAS, City staff decided to send out a Request for Proposal (RFP) to several planning firms; whereby only received one bid in the amount of $248,000 from EMC Planning Group; and WHEREAS, there was no monies budgeted (as it was not anticipated) for the preparation of the Cycle 6th Housing Element for fiscal year 2022-2023; and
WHEREAS, the City looked for available grant opportunities (including CDBG planning funds) but the timing to receive funds would put the City past its deadline for submitting the Cycle 6 Housing Element for HCD approval; and
WHEREAS, based on this new information, the City Administrator and Contract Planning Director discussed a few different scenarios on what do to get the Housing Element updated quickly; and WHEREAS, finally, the City Administrator reached out the Cal Poly Professor Dr. Cornelius Nuworsoo (De La Papide & Associates) as an option in seeking a lower bid for which he gave the City a bid of $66,200; and
ATTACHMENT 1

Page 2 of 2 ends

WHEREAS, the City was in contact with its REAP grant administrators and discovered that the City could amend its contract and shift funds over to the Housing Element contract to cover the cost of the Cycle 6 Housing Element; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Guadalupe as follows:

SECTION 1. Authorizes the execution of the agreement with De Lapide & Associates, Inc. for the preparation of the City of Guadalupe, 6th Cycle Housing Element to remain compliant with the State of California Housing and Community Development (HCD) requirements.

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

PASSED, APPROVED AND ADOPTED at a regular meeting on the 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. 2022-96 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.

Page 1 of 23 ends

AGREEMENT FOR CONSULTANT SERVICES

BETWEEN

THE CITY OF GUADALUPE
AND
DE LAPIDE & ASSOCIATES, INC.

THIS AGREEMENT FOR CONSULTANT SERVICES (the "Agreement") is made and entered into this 1st day of November 2022, by and between the CITY OF GUADALUPE, a municipal corporation ("City") and De Lapide & Associates, Inc. (“Consultant”) a Maryland corporation having its principal place of business in California at 927 Sleepy Hollow Road, Paso Robles, CA 93446.

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

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

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

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

Section 4. Compensation and Method of Payment.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Attachment B (Cost Estimate) and made a part of this Agreement.

Attachment B shows potential additional items of cost. For the fixed-price component on the primary scope of work, the City will pay for the services based on the following schedule:
i. A payment of $10,000 payable upon execution of this Agreement. ii. Payment of $30,000 at submittal of draft Housing Element document prior to submission to California Housing and Community Development (“HCD”) for certification. iii. Payment of $10,000 at submittal of final Housing Element document after certification by HCD..

ATTACHMENT 2

Page 2 of 23 ends

(b) City shall independently review each invoice submitted by Consultant to determine whether the work performed, and expenses incurred, are in compliance with the provisions of this Agreement and Scope of Work. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event City disputes any charges or expenses, City shall return the original invoice to Consultant with specific items in dispute identified for correction and re-submission. All undisputed charges shall be paid in accordance with this Agreement and Scope of Work. (c) Except as to any charges for work performed or expenses incurred by Consultant, which are disputed by City, City will cause Consultant to be paid within thirty (30) days of receipt of Consultant's invoice.
(d) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. (e) Consultant shall have the right to suspend services if not paid in accordance with this Agreement.

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

Section 6. Ownership of Intellectual Property. “Intellectual Property” refers to intangible creations of the human intellect, which include, a work or invention that is the result of creativity, such as a technical procedure or a design, to which one has rights and for which one may apply for a patent, copyright, trademark, etc.

All intellectual property and related material, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trademark, trade dress, industrial design and trade name (the "Intellectual Property") that is developed or produced under this Agreement, will belong to respective parties.
(a) All rights and title to Intellectual Property whether patentable or copyrightable or not, relating to the Project made solely by employees of De Lapide & Associates shall belong to the Consultant and shall not be subject to the terms and conditions of this Agreement. (b) All rights and title to Intellectual Property, whether patentable or copyrightable or not, relating to the Project made and/or owned solely by employees of City shall belong to City.

Such inventions, improvements, and/or discoveries shall not be subject to the terms and conditions of this Agreement.

Page 3 of 23 ends

(c) All rights and title to Intellectual Property, whether or not patentable or copyrightable, relating to the Project made jointly by the parties shall belong jointly to the parties.
(d) The Consultant may use the Intellectual Property for any purpose other than that contracted for in this Agreement. The Consultant will not be responsible for any and all damages resulting from the unauthorized use of the Intellectual Property. (e) While completion of the work under this Agreement might include application of creations that qualify as Intellectual Property, the City shall retain ownership of the final document (with associated maps, diagrams, charts, etc.) submitted to the City or filed with other appropriate authorities on behalf of the City.
(f) The City may use, reuse or otherwise dispose of documents received without the permission of the Consultant. Reuse of any materials outside the scope of this Agreement shall be at the sole risk of the City.

Section 7. Consultant's Books and Records.
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant's performance of services pursuant to this Agreement. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently completed and detailed so as to permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to the audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, upon reasonable notice during regular business hours, upon written request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant's address indicated for receipt of notices in this Agreement. The City shall compensate the Consultant for all costs associated with providing these materials to the City.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or destroyed due to dissolution or termination of Consultant's business, City may, by written request, require that custody of such documents or records be given to the requesting party and that such documents and records be maintained by the requesting party. Access to such

Page 4 of 23 ends

documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.

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

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

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

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

Page 5 of 23 ends

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

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

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information or work product to persons or entities other than City without prior written authorization from the City Administrator, except as may be required by law. (b) Consultant, its officers, employees, agents or subconsultants, shall not, without prior written authorization from the City Administrator or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories or other information concerning the work performed under this Agreement.

A response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or subconsultant of Consultant, provides any information or work product in violation of this section, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct. (d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or sub consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Consultant shall be compensated for all costs associated with complying with this section.

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Consultant, upon notice from City, shall defend Indemnitees at Consultant's expense by counsel acceptable to City, such acceptance not to be unreasonably withheld. Indemnitees need not have first paid for any of the matters to which Indemnitees are entitled to indemnification in order to be so indemnified. The insurance required to be maintained by Consultant under Section 16 shall ensure Consultant's obligations under this section, but the limits of such insurance shall not limit the liability of Consultant hereunder. The provisions of this section shall survive the expiration or earlier termination of this Agreement. (c) The provisions of this section do not apply to Claims occurring as a result of the City's sole negligence or willfully wrongful acts or omissions. (d) City agrees to indemnify Consultant for any such neglect or willfully wrongful acts committed by City or its officers, agents or employees.

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

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

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

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

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

A. Minimum Scope of Insurance: Coverage shall be at least as broad as:
(1) Insurance Services Office Form Commercial General Liability coverage (Occurrence Form CG 0001).

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

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

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(4) Errors and Omissions Liability: $1,000,000 per claim as appropriate for the profession.
(5) Umbrella or excess liability insurance (if needed): Consultant shall obtain and maintain an umbrella or excess liability insurance that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability.

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

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

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

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(11) Self-insured Retentions: Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City. (12) Timely Notice of Claims: Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(13) Additional Insurance: Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

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

Section 19. Termination of Agreement.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days' written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement at any time upon thirty (30) days' written notice of termination to City.

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(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant or City may terminate this Agreement immediately upon written notice.
(d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant's possession shall be returned to City.

Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 4 of this Agreement. This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 of this Agreement.

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

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

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

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

To City: City Administrator
City of Guadalupe
918 Obispo Street
Guadalupe, CA 93434
To Consultant: Cornelius Nuworsoo
De Lapide & Associates, Inc.
927 Sleepy Hollow Rd
Paso Robles, CA 93446

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Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

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

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

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

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

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

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

Section 30. Entire Agreement. This Agreement, including the attached Attachments, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding. No amendment to this Agreement shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.

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

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

CITY: CITY OF GUADALUPE
By:------------
Ariston Julian, Mayor
APPROVED AS TO FORM:

Phillip Sinco, City Attorney
CONSULTANT: De Lapid\ & Associates, Inc.

By:~~ /J(J,_1,JJ'<'8)TJ
Cornelius Nuworsoo, Principal
De Lapide & Associates, Inc.

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10/15/2022

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ATTACHMENT A: SCOPE OF WORK
City of Guadalupe, 6th Cycle Housing Element
(Refer to following pages)
City Atty Rev 8/21
1 Attachment A: Scope of Work
City of Guadalupe, 6th Cycle Housing Element
The Scope of Work for the 6th Cycle Housing Element is presented on the following pages. It is to be followed in preparing the 6th Cycle Housing Element by Dr. Cornelius Nuworsoo, Ph.D. AICP, hereafter referred to as the Consultant. It is the responsibility of the City’s Planning Director to manage this contract including the Scope of Work presented herein.

Task 1 – Communication and Administration
This task will consist of a project kick-off meeting to discuss overall project goals, issues, availability of pertinent reference materials, work product expectations, protocols for communication, public outreach program, and sites inventory. This task will also include progress teleconferences where city staff can participate in a check-in call (via phone or Zoom) to discuss the current state of the project and any possible issues being experienced. Each check-in call is estimated to have a one-hour duration, with an additional hour of preparation and summary time. The budget assumes four calls during the preparation of the housing element update. The Consultant will also act as the liaison by consulting with State Housing and Community Development (HCD) to ensure requirements are met and to confirm Housing Element analysis, approach, timeliness and to address any comments made by HCD on drafts.

This task also includes overall General Administration which will consist of opening project files, background research, invoicing and similar tasks.

Task 2 – Public Outreach and Input
This task will consist of public outreach where the Consultant will first review the public outreach efforts by Cal Poly students over the past several years focused on updating the City’s General Plan. Further the Consultant will work with the City to develop a list of organizations to invite to the workshop, and the Consultant will prepare a flyer advertising the workshop. It is assumed the City will advertise the workshop and handle logistics for the venue. The Consultant will attend the workshop to present the purpose of the housing element update and to solicit public input and direction for the Housing Element update. The workshop may be held as an independent stand-alone meeting or City Council meeting. This workshop would be scheduled as early as possible in the update process.

City Atty Rev 8/21
2 Task 3 – Community Profile Updates
Data from the pre-approved housing element data set for Santa Barbara County and/or the City of Guadalupe will be used to the extent available. Additional updates to the background data included in the Housing Element will be made to match the timeframe in the pre-approved data set. Data to be included in the current Housing Element, but that is not included in the preapproved data set or readily available will be requested from the City and may be eliminated from the update if it is deemed non-essential to obtaining certification from HCD. The update will incorporate Santa Barbara County RHNA numbers from the counties RHNA 2022-2031 final plan.

The Consultant will also review existing Housing Element sites inventory and preliminarily confirm the status via online aerial mapping and site reconnaissance to determine development status of potential housing sites. A summary of land determined to be suitable for residential development would be compiled, which would include sites that are currently vacant or have potential for redevelopment. This determination would be made based on the inventory data to be provided by the City, the General Plan Land Use Map, and field reconnaissance information.

Housing needs will be assessed based on the City’s RHNA, and existing and projected housing needs for all income levels. In accordance with Government Code Section 65584, the Consultant will analyze special housing needs for the disabled, elderly, large families, farm workers, families with female heads of household, and families and persons in need of emergency shelter, including homeless persons. To preserve existing affordable housing, an update analysis of the potential loss of existing assisted housing developments during the next 10-year period (due to the expiration of subsidy contracts or use restrictions; or mortgage prepayments) will be conducted. Each development will be listed by project name and address, the type of government assistance received, the earliest possible change from low-income use, the total number of elderly and non- elderly units that could be lost from the City’s low-income housing stock in each year during the 10- year period.

Included in this task will be the identification of current and past housing programs in the city based on data from the current Housing Element, the County, the City, and non-profit organizations; develop information on County housing programs; and to analyze programs and implementation record of the previous Housing Element. This task will also include an update to potential residential energy conservation opportunities; summarize types and proportions of City Atty Rev 8/21
3 fuels used for residential heating and a general characterization of neighborhood design, use of street trees, and other livable community design elements, and analysis of local policies affecting the use of alternative energy sources.

The Consultant will also work to obtain permitting data from the City, including the date of permit issuance and sign-off, parcel number, associated demolition information, if applicable, and affordable housing restrictions, if applicable. Permit data will be requested from 2012 through 2021.

Task 4 – Policy and Program Updates
This task will include the assessment of the fifth cycle Housing Element. Review that Housing Element and progress toward implementation of programs. Assess effectiveness of programs with a focus on identifying beneficial modifications, including the preparation of a table to summarize the findings. The Consultant will review housing goals and policies to prepare new and/or revised goals and policies for housing based on consultation with HCD staff, policy makers, and community members workshop input. This information will be used to develop goals and policies to address adequate sites for new construction, affordable housing development incentives or programs, conservation of existing affordable housing, regulatory relief, rental and homeowner assistance, equal access, utility prioritization, shelters, energy conservation and sustainable community strategy. To the extent feasible, the existing policies and programs will be carried over from the current Housing Element.

During this task, The Consultant will develop a consolidated set of quantified objectives based on the City’s RHNA and consultation with City staff, policy makers and community members; and develop objectives that account for units produced since adoption of the RHNA, future housing units through housing programs and future private market housing units. The Consultant will also coordinate with the City’s Planning Director in his efforts to prepare ordinances to re-zone land, if necessary, to High Density Residential, to accommodate the city’s RHNA requirements for low and very low-income housing; as well as the preparation of an ordinance to allow emergency housing in at least one of the City’s existing zones.

Task 5 – HCD Draft Housing Element
This task will include the consolidation of Task 3 and Task 4 into an administrative draft (Housing Element of the Sixth Cycle). Prepare covers, inside title, and table of contents for a City Atty Rev 8/21
4 stand-alone version of the City’s updated Housing Element. There will also be preparation of two (2) printed copies and an electronic copy to the city for review and comment. Based on comments from either the electronic or written copies made by the City, the Consultant will revise the draft and subsequently provide an electronic copy to the City for review and approval. Upon approval from the City, The Consultant will submit an electronic copy of the HCD Draft Housing Element, along with a Housing Element Review Worksheet to HCD for review. HCD requests a 60-day period for this review. The Contactor will also provide an electronic copy and one (1) printed copy to the City.

Task 6 – Public Draft Housing Element
Once HCD provides written or verbal comments, The Consultant will work with HCD and the City to resolve any issues. This dialogue will be carried out via telephone, email or written correspondence. The Consultant will resolve HCD concerns to the extent feasible. For more complicated or controversial items, The Consultant will consult with City staff prior to completing any changes to the Housing Element. The Consultant will complete revisions of the Housing Element, as appropriate, based on HCD review and discussions with the City, and provide two (2) electronic copies to the City for review and comment. This draft will be provided in tracked changes and clean versions. Upon City approval The Consultant will make final revisions and provide twenty (20) printed copies and twenty (20) CDs of the Public Draft Housing Element (Housing Element of the Sixth Cycle), as well as ten (10) printed copies and ten (10) CDs of the Public Draft Housing Element (Housing Element of the Sixth Cycle) in Spanish.

Submit printed copies and CDs to the City for public availability and use by City Staff and the City Council.

Task 7 – CEQA Documentation
This task will include a draft California Environmental Quality Act (CEQA) checklist initial study assessing any new or substantially revised policies or programs in the Housing Element update.

The Consultant will revise the initial study per City comments. Once City comments are addressed an addendum to the adopted General Plan MND, using the initial study as an attachment, will be written.

City Atty Rev 8/21
5 Task 8 – Housing Element Certification
In this task, The Consultant will prepare a draft staff report for one (1) City Council hearing, including materials to help the City Attorney prepare a resolution for approving the CEQA document and adoption of the Housing Element. The resolution will include the CEQA and project findings to support the approval. The Consultant recommends the City’s Planning Director prepares zoning amendments, as necessary, for consideration at the same to aid compliance with site needs for low-income housing and emergency shelters. The Consultant can incorporate these in the staff report prepared for the City Council hearing, however, the Scope of Work assumes the City Planning Director will finalize zoning ordinances that were prepared in Task 4 by the Planning Director for presentation to the City Council.

The Consultant will attend one (1) additional City Council hearing. Present the Housing Element, highlighting the modifications from the prior Housing Element and answer questions regarding the 6th Cycle Housing Element Update. The City Council must approve the Housing Element as early as possible, given HCD review timelines. The Consultant will then prepare the Final Draft Housing Element per directions for revisions, if any, from the City Council. One (1) electronic copy of the Final Draft Housing Element will be submitted with the City’s signed adoption resolution to HCD for certification. Also, to be provided to HCD at this time are the zoning ordinances for low-income housing sites and emergency shelter sites, along with a cover letter to be provided to the City for printing on City letterhead. HCD advises that the City should anticipate 90 days for completion of this review and certification of the Housing Element. The cover letter will request expedited review. If further changes are requested, the Consultant will revise the Final Draft Housing Element (Housing Element of the Sixth Cycle) and resubmit to HCD. The scope of work does not include other than very minor adjustments to the Housing Element for this task. Following certification by the HCD, prepare Certified Housing Element that includes a copy of the City adoption and evidence of HCD certification. Print three (3) copies and create three (3) CDs of the Certified Housing Element in both English and Spanish and provide to the City.

City Atty Rev 8/21
6 ATTACHMENT B: COST ESTIMATE
City of Guadalupe, 6th Cycle Housing Element
Cost Item Cost Type
Traditional Housing Element Preparation Tasks $50,000 Fixed Price Environmental Accompaniment $10,000 Fixed Price
Document Translation $5,000 Variable
Printing (35 docs 150 pages at $0.20 per page) $1,050 Variable CDs or Flash Drives (30 at $5 each) $150 Variable
Total Estimate $66,200
City Atty Rev 8/21
7 ATTACHMENT C: TIMELINE FOR
WORK
City of Guadalupe, 6th Cycle Housing Element
(Refer to following pages)
City Atty Rev 8/21
8 Attachment C: Timeline
City of Guadalupe, 6th Cycle Housing Element
Housing Element Content/Tasks with Timeline
Task Description Period
1 Public Engagement: Describe public participation Week 1: [Nov 1] 2 Review and Revise: Progress in implementation; Effectiveness of the element; Appropriateness of goals, objectives, policies and programs Week 2-3 3 General Plan Consistency Week 4
4 Other Requirements Week 5-8
5 Internal Consistency in Updates with Land Use Element and Inventory of Land Week 9
6 Analysis of Existing Housing Needs Week 10
7 Analysis of Projected Housing Needs Week 11
8 Analysis of Special Housing Needs Week 12
9 Sites Inventory and Analysis Week 13-14
10 Identification of Zoning for Emergency Shelters Week 15 11 Analysis of Governmental and Non-governmental Constraints Week 16 12 Analysis of Energy Conservation Opportunities Week 17 13 Analysis of Assisted Housing At-risk of Converting to Market Rate Uses Week 18 14 Quantified Objectives Week 19
15 Housing Programs Week 20
16 Compilation of Draft Document Week 1-22
17 Draft Submission for City Review Week 23:
18 Meeting with City staff and community Week 24
19 Feedback from City Week 24
20 Update Document submit draft to HCD Week 25-26: [April 30] 21 Receive and address feedback from HCD Weeks 26-29
22 Prepare environmental accompaniment based on General Plan EIR Weeks 26-32 23 Revise Document for certification Weeks 30-32
24 Submit Final Document to HCD Weeks 32:[May 31]
Study Performance Task
Administrative Activity

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

MINISTERIAL PROJECTS
Zoning Clearances Approved 0
Zoning Clearances Denied 0
Zoning Verification Letters 0
Business Licenses Approved 2
Business Licenses Denied 0
ADUs approved 0
AUP for short-term rental 1

DISCRETIONARY PROJECTS
The following projects are in for Planning Department review and have been worked on during July:
 General Plan Update – Draft Mitigated ND public review ended on 9-23-22 with only comment letter from Caltrans. Final approval hearing is set for November 22nd.  2022-016-GPZ Snowy Plover map and design review remain Incomplete  2022-027-CUP/2022-030-DR - Conditional Use Permit for Patrick Kimbell to allow 24 affordable apartments in a Street. Complete August 28, 2022.  2022-034-CUP - Conditional Use Permit for Central Coast Processing, LLC to allow processing, bulk packaging, and transportation of cannabis at 151 Obispo Street.

Application under review. . Scheduled to Council for October 25th.  2022-037-CUP - Conditional Use Permit for Hwy - 1 General Auto Repair, to allow auto repair shop at 333 Guadalupe Street. Council hearing set for October 25th.  2022-056-DR/ -066-CUP– Eight unit apartment project. Submitted July 7, 2022 – INC letter 8-7-22.
 2022-063-LM - Mahoney Lot Merger - Submitted August 11, 2022 –INC 9-11-22.  2022-065-LLA - La Guardia Townhomes lot line adjustment Submitted August 22, 2022 INC letter sent 9-1-22
 2022-048-CUP - Conditional Use Permit for Element 7 Retail, a retail cannabis dispensary at 859 Guadalupe Street. Comment Letter sent of September 17, 2022.

Agenda Item No. 6G 1.

Ministerial Permit Report– October 2022
(Reported 11-1-2022)
Zoning Clearance Approvals
AUP Approvals- Short-term Rentals (STR)
2022-078-AUP Plassmeyer STR 4369 Ladera Drive
Business License Approvals
El Payasito Ice Cream Truck 309 N Russell, SM
Best Design for Other Appearel clothing 4491 10th Street Business License Denials
None
Guadalupe City Planning Department
Planning Processing Summary for October 2022
(10-1-22 update)
Case No. Name Submittal
Date
Comp. Date Status OK for Bldg.

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

NO
2022-078-AUP Plassmeyer STR October 10-17-22 Project set for approval on October 31st NO N/A
$$ thru SB2 grant
General Plan Update 2019 City
Council
authorization
N/A Mitigated ND public comment closed
September 23. Final public hearing set for
November 22nd.

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

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

INC 9-1-22 INC Letter sent on September 19, 2022. NO
2022-016-GPZ
2022-017-DR
2022-018-VTTM
Snowy Plover 3-10-22 Incomplete 4-
09-22
Letter sent to owner indicating that project
could be closed out due to inactivity.

NO
2022-037-CUP General Auto Repair March 2022 Compete
7-6-22
Set for October 25 CC public hearing. NO
2022-027-CUP
2022-030-DR
Kimbell Apartments COMP
8-28-22
Deemed complete August 28, 2022. Set for CC
hearing in November
NO
2022-034-CUP Central Coast
Processing
Complete Scheduled to Council for October 25th NO
2022-056-DR
2022-066-CUP
Pioneer Street Apts.

Design Review &
CUP
July 7, 2022 COMP 8-28-
22 Complete for processing. Working on staff report NO
2022-048-CUP Element 7 Retail
cannabis dispensary
INC 9-17-22 INC Letter sent of September 17, 2022. NO
No$ = unreimbursed planning work
$ = projects where a fixed fee has been paid
$$ = projects where a variable fee / deposit is made and the applicant is billed for time beyond the initial deposit // 11-1-22
Agenda Item No. 6G 2.

Building Inspection Log - October 2022

1 Public Works/Engineering Report
October 2022
Development
Pasadera
On September 1, the City took over Pasadera Lot 5. Upon receiving the water bill for the parks in Lot 5, which exceeded $1,500 for just a little more than one acre of park land, City staff investigated the irrigation controls and made adjustments. These adjustments did not take effect, resulting in continued overwatering. After two weeks of adjusting to no avail, staff turned off the controller; however, the parks continued to get watered. Technical support indicated that two controllers had the same IP address, and that our controller was being overwritten by the other controller, which is still under the control of the developer. The irrigation controller manufacturer sent the City a new SIM card for our controller so that a new IP address can be established and Lot 5 park irrigation will be fully under City control. In the meantime, all of the valvesfeeding the irrigation to these parks have been closed in order to protect against undesired watering and let the parks dry out a bit. In November, the new SIM card will be installed and irrigation adjusted for the season.

Facilities
City Hall
On October 13, bids were due for painting the main hall and exterior of City Hall. One bid was received. Council approved this bid for award on October 25.

On October 21 and 28, Spectrum ported over City employees original phone numbers to complete the transition to fiber communication and network capability at City Hall.

General
Urban Forest Plan
In June 2022, the City received a grant in the amount of $170,734.49 to conduct a tree inventory, prepare an Urban Forest Plan and associated ordinance, and plant 84 trees. The first step is to purchase the equipment necessary to conduct the tree inventory. Because this equipment costs more than when the grant was issued, City staff requested and was granted a budget adjustment.

On October 5, City staff issued a purchase order to California Surveying and Drafting Supply, a Agenda Item No. 6G 3.
2 sole-source distributor for this particular equipment, in the amount of $11,761.08 before taxes for a GPS unit and associated equipment to perform the tree inventory.

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

• October 3: Vegetation maintenance at 4646 10th St. (old Al’s Union property). • October 4: Begin installation of bus shelter on Esperanza Dr. in the Pasadera development.
• October 5: Complete installation of bus shelter on Esperanza Dr. in the Pasadera development. Meet with Frontier Communications to coordinate numerous conduit boring installations throughout the City.
• October 7: vegetation maintenance along W. Main St. west of Guadalupe Street • October 10: diagnose irrigation system at parks in Lot5 N in the Pasadera development. adjust watering schedule and make repairs.
• October 11: assist electrician pulling wires for PD electrical upgrade. Help develop traffic control plan for filming on Saturday.
• October 12: continue troubleshooting Pasadera parks irrigation controls. • October 13: traffic control setup for filming.
• October 17: repair Pasadera Park irrigation piping, clean storm drains. • October 18: paint over graffiti on pedestrian bridge, clean storm drains, clean corporation yard.
• October 20: meet with PG&E at corporation yard to discuss placement of new electric service for electric bus and fleet vehicle charging.
• October 24: clean storm drains, continue cleaning corporation yard. • October 25: begin installation of capital campaign pavers around the flagpole at Le Roy Park.
• October 26: complete installation of capital campaign pavers around the flagpole at Le Roy Park.
• October 28: assist contract electrician on installation of wiring for police department. • October 31: install keypad in Public Works area of City Hall.

The Public Works Director participated in the following meetings in October:
• October 3: meeting with PG&E to discuss use of $457,000 of Rule 20A funding for undergrounding power lines along 11th Street.
3 • October 4: Recreation Commission meeting.
• October 5: Santa Barbara Transit Advisory Committee (SBTAC) meeting. Discussion with Pasadera development engineer on traffic safety issues on 166/Obispo. Meeting with Frontier Communications on coordinating numerous conduit boring installations throughout the City.
• October 6: TTAC/JTAC. Central Park Renovation project monthly progress meeting. • October 10: Pasadera Lot 5N parks irrigation review. Meet with Proterra to finalize paperwork for $156,000 HVIP voucher for the electric bus. • October 11: check-in meeting with Ashley and Vance to discuss City Hall roof replacement project. Meet with Regional Water Quality Control Board to discuss paperwork requirements to update wastewater treatment plant permit. • October 12: SBCAMM monthly meeting. Meeting with Frontier Communications to discuss encroachment permits throughout town for installation of conduit for fiber. • October 13: CCWA operating committee meeting. Central Park outreach workshop. • October 14:CC-LEAP/RAPIDS meeting to discuss wastewater treatment plant aerator replacement with assistance from rebate program from PG&E. • October 18: managers meeting.
• October 20: meeting with PG&E at 303 Obispo St. to discuss service panel placement for electric bus charging station.
• October 24: electric bus check-in meeting.
• October 25:IRWM water resiliency and projects meeting. • October 26: meeting with CDBG project manager.
• October 27: CCWA board meeting. Solid Waste Task Force meeting. Meeting with LADG. • October 28: meeting with Taylor Farms about wastewater. • October 31: meeting with property owners adjacent to Bonita Park.

Parks
Pasadera parks
The City assumed control of the two parks in Pasadera Lot 5 North, which we have named Del Mar Park and Esperanza Park for convenience. These parks have a sophisticated irrigation control system that we troubleshot on October 10. We discovered significant overwatering of these parks to the tune of over 30,000 gallons of water a week, the cost of over $1,500 per month. We estimate the savings of over $800 a month by adjusting the water schedules and fixing the irrigation controls.

Central Park
Staff worked with the design consultant for the Central Park Renovation project on several items in the month of October, including monthly progress, update to the Recreation Commission, 4 water bill insert in the October water bill, email to interested parties, and letters to local businesses advertising the public input meeting on October 13.

Le Roy Park
Staff completed installation of the pavers at the base of the flagpole as part of the capital campaign program.

Streets
Street Rehabilitation
This project was awarded on October 11. Preconstruction meeting not yet scheduled.

Transit
EV buses
On October 20, staff met with PG&E to discuss layout of the electrical service for the transit bus charging area at 303 Obispo.

On October 24, the City submitted the first progress report for the low carbon transportation operations program (LC top) this program is providing $553,680 towards the purchase of electric cutaway transit bus.

Water
AMI
$200,000 for the automated metering infrastructure (AMI) project phase 1 is budgeted in the fiscal year 22 – 23 budget. A critical element of this project is to convert the 503 meters in routes eight and nine that are manual read and are not compatible with the automated meter reading technology, which is needed to work with AMI. This work was already anticipated and budgeted for this project. The expense to purchase these meters is estimated at $100,600. City staff plans to sole-source this purchase so that these meters are compatible with all of the other meters in the water system that are Sensus auto read. City staff will install the meters. Once installed, the City will save an estimated four workdays per month by converting these meters from manual read to auto read, and save even more staff time once AMI is fully implemented.

State Water
On October 31, the State Water pipeline was shut down for annual maintenance. Because the City State water allocation is so low, City staff has been operating the turnout by running 70,000 gallons water once a week to keep water in the 5-mile pipeline fresh. However, so little water has been running through the State Water pipeline that water quality is poor. This annual shutdown is four weeks long, two weeks longer than normal. It is anticipated that water in in the pipeline from the turnout to the City system will deteriorate in four weeks. Staff has developed a plan to disinfect the line once State Water is back online. 5 Elevated Tank
On October 28, staff issued a Request for Proposals for review of the Cell Tower Lease Agreement associated with the elevated tank.

Wastewater
Regulatory
No overflows occurred in October 2022.

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

Staff is working with the Regional Water Quality Control Board on its wastewater treatment plant permit renewal. To this end, staff has been in contact with the adjacent property owner and Taylor Farms to gather relevant documentation to submit to the Regional Board.

Effluent Pump Station Rehabilitation
This project involves the rehabilitation of the effluent pump station at the wastewater treatment plant. It is partially funded through an Integrated Regional Water Management Program (IRWMP) grant. On October 6, City staff submitted its quarterly progress report to IRWMP, which is funding $302,821 of this $522,821 project. Switchgear for this project is due to be delivered December

16. Highway 1 Lift Station Rehabilitation
Caltrans issued an encroachment permit for this project on October 21. Staff is working with the design engineer to make final edits on the bid documents for this project go out to bid.

Wastewater treatment plant
Staff is working with a subcontractor to PG&E on replacement of the aerators. These aerators were installed in 2005 and are approaching end of useful life. If a vendor is able to provide aerators that meet the treatment needs and also save energy, the base are available through PG&E. $48,000 is budgeted for this project. The subconsultant has contracted seven different vendors to provide information about their product line.

Wastewater Master Plan
On October 21, staff issued a Request for Proposals for wastewater consulting services to assist with development of the wastewater Master Plan and engineering report, Title 22 engineering report, and several technical memos regarding the effluent sample point, plant capacity, and flow measurements.
6 Project
# Account # 2022-23 TOTAL
2022-23 Spent/
Encumbered October 2022 Update
100 Buildings
089-104 89-4444-3044 155,127 $ 9,358 $ Transition begun 089-105 89-4444-3045 40,840 $ 089-106 89-4444-3077 90,000 $ 089-107 89-4444-3076 70,000 $ 089-108 89-4444-3075 170,000 $ 26,527 $ PG&E design underway 089-109 New Royal Theatre 5,459,320 $ 089-110 New Library Relocation 30,000 $ 089-111 New City Hall Restroom Redesign - $ canceled $154,000 funds transferred to 089-112 089-112 New 554,000 $ 79,665 $ city hall structural assessment+painting bid 200 Parks
089-201 New 4,882,054 $ 611,887 $ Design underway
089-204 New CDBG (Leroy Phase 2) 1,700,000 $
300 Streets, Sidewalks, Bicycle Facilities
089-307 89-4444-3067 200,000 $ 089-308 89-4444-3068 1,700,000 $ 1,471,237 $ Awarded 089-309 89-4444-3097 100,000 $ 100,000 $ Awarded
089-310 New 293,809 $ Developer to address
089-311 89-4444-3092 60,000 $ 400 Water
089-406 89-4444-3093 95,000 $ RFP issued for cell tower lease agreement review089-407 89-4444-3094 200,000 $ 089-408 89-4444-3095 50,000 $ 089-409 89-4444-3096 450,000 $ 362,655 $ Completed 8/9/22 089-410 New 40,000 $ 500 Wastewater
089-503 89-4444-3083 522,821 $ 516,180 $ Construction tentatively scheduled for December 2022 089-504 89-4444-3084 1,200,000 $ CalTrans encroacment permit received Oct 2022089-510 89-4444-3090 90,000 $ 600 Transit 089-603 New 1,700,000 $ 1,138,772 $ $1,049,977.50 bus P.O. $88,794.38 charger P.O. 089-602 New 494,000 $
Transfer to CIP fund 089: 20,346,971 $ 4,316,281 $
Completed/Cancelled
General Plan UpdatePublic Facilities Master Plan (w/ parks & library)American Legion wood repairBuilding improvements (PD Electrical, misc)City Hall Upgrades (roof & assoc. building repairs)CDBG (Central Park)11th st multimodal path designStreet Rehabilitation FY 22/23Sidewalk repairsLa Guardia SidewalkElevated Tank Repairs/Evaluate Antenna RevenueAdvanced Metering Infrastructure Phase 1SCADA ImprovementsWest Main WaterlineBonita Tank DemolitionEffluent Irrigation Pump Station RehabilitationHwy 1 Lift StationAIPS vaultEV Bus and chargingAmtrak Tran Station Rehab (design)

PROJECT DESCRIPTIONS
Financial Accounting Software
City of Guadalupe
Capital Improvement Projects Budget - Fiscal Year 22-23 Storm Drain Improvements
Los Amigos de Guadalupe Report
November 2022
Alejandra Mahoney, Executive Director of LADG
Date: October 27, 2022
Staff Updates
Tom Brandeberry has transitioned out of the Executive Director position for LADG. He will continue to be employed by LADG as the Project Manager of the City’s Royal Theatre project.

Alejandra Mahoney is LADG’s new Executive Director. She started in the position Monday September 26, 2022 and will work part time.

Tiffany Gonzales. Tiffany is our Community Development Coordinator. She started October 24, 2022. Her primary work will be grant management and grant research and writing.

Marcus Sanchez. Marcus is our Kitchen Manager, starting September 26, 2022. He comes with a lot of restaurant experience and is a Guadalupean.

Lyubov (Luba) Popovich. Has been hired temporarily as extra help in the kitchen as we get it up and running and help with meal preparation. She started August 8, 2022 and continues part time for now.

Stephanie Krouse: is taking time off from LADG until the new year at which time she will be operating a LADG grant from the California Arts Council for their grant program, Artist in the Schools. See below for more on this grant.
4545 10th Street, Guadalupe, Ca 93434 ⸰ 805-356-6155 ⸰ www.losamigosdeguadalupe.org Agenda Item No. 6G 4.

LeRoy Park & Community Center
Mural Competition
As you may remember, LADG received $5,000 in a donation from Quincon construction company to complete one of their scope of work: a mural at the entrance to the Le Roy Park gym. The City’s Recreation and Park Commission picked the artist (Servando Garcia) who received $2,500 as an advance and the remaining $2,500 after City staff, Hannah Sanchez, indicated the mural was complete and met the commission's requirements. It looks fantastic! Capital Campaign
LADG has been working with Shannon Sweeney to complete the Capital Campaign Plaques initiative. The 26 plaques are on order and are expected to be with the City before the end of November. LADG will work with City staff on how the plaques will be placed in the park and how we will involve the donors.

Microenterprise (CDBG)
As the Council may remember, LADG submitted a revision to the Microenterprise Financial Assistance Guidelines, among multiple changes, to allow for grants up to $10,000.

LADG, working with Women’s Economic Ventures (WEV) and one of their instructors, Carla Blandón, completed the Cohort workshop, Foundations of Entrepreneurship. The class was open to 4545 10th Street, Guadalupe, Ca 93434 ⸰ 805-356-6155 ⸰ www.losamigosdeguadalupe.org income qualifying Guadalupe business owners or
individuals living in Guadalupe that wanted to start a
business. 7 of the 15 that signed up for the workshop
completed the course and received a certificate, handed out by Council Member Antonio Ramirez on behalf of the City.

The successful completion of the Foundations of
Entrepreneurship workshop was one of a number of
eligibility requirements. Of the 7 individuals that
completed the course, 5 have submitted an application for a City grant. LADG staff are presently developing a “Grant Package'' designed to help the Microenterprise Advisory Committee (MAC) complete their grant application review and approval efficiently. LADG has had a number of recent staff changes, which has sadly slowed down this process. At the time of this writing, LADG staff was planning on
completing the Grant Package document and
the initial review of all applications. It is
anticipated that all applications would need
to submit additional documents before the
application was ready to be submitted to the
MAC. Our goal is to have all applications
ready for MAC review before the MAC’s
November meeting, presently scheduled for
November 22, 2022.

Finally, LADG staff are working with Carla
Blandón to complete a second workshop,
starting in January, 2023. This class will also
be tied to a possible City grant up to $10,000.

Royal Theater
Since our last City Council report, in addition to the $4.8 Million EDA grant funds, the State of California in their 2022/23 budget awarded the City of Guadalupe $5 Million. At this time, the City is waiting for the contract, which will be awarded through the California Arts Council (CAC). The City and LADG are grateful to Senator Monique Limon for her support of this project in the State Budget.

The Senator was in town October 6 for check presentations and LADG hosted a roundtable with the Senator and her staff.
4545 10th Street, Guadalupe, Ca 93434 ⸰ 805-356-6155 ⸰ www.losamigosdeguadalupe.org Project status: in addition to waiting for an executed grant agreement from CAC, the project is also waiting for the State Historical Preservation Office (SHPO) to approve the Architectural Plans for the
renovation of the historic theater. Once SHPO approves
the plans, LADG will begin work on the Seal Bid
documents to get the project out to bid.

LADG has also been working with the City, and
an historic tax consultant, to apply for Historic Tax
Credits. Presently the plan is to apply for Federal
Historic Tax Credits but should the new State Historic
Tax Credits become available, these tax credits will also be accessed. These additional funds will allow for, as an example, additional contingency funds, which could be
needed since costs are unstable.

Senior Meals Program
The Center has been open for meals, after successfully
gaining a County permit to operate and address all of the Fire Department needed correction, since July 11, 2022. Deliveries to seniors who meet the criteria began September 6, 2022.

LADG submitted a grant application to the Area Agency on Aging (AAA) for funding of the senior meals program, to fund both congregate and home delivery meals to seniors 60+. LADG was successful and the program was up and running August 26, 2022. The award covers a 5 year period. The funds will supplement the CDBG CV 2/3 funding and allow the CDBG fund to stretch to the end of the contract period, April 2024. The Senior Meals Program averages 18 seniors at the center, and 25 delivered meals daily. Prior to Covid when the Guadalupe Senior Center was open, the service provider served on average 6 seniors at the center and delivered to approximately 9 seniors. All of this being done by word of mouth. Our Application for funding requesting funds for serving a total of 60 seniors daily. We have gone beyond this.

However, with the CDBG CV funds, we do not need, or intend to ever, start a waiting list.

LADG will now work on two other goals for the Seniors: grant funds to renovate the building and additional operating funds to allow for a full service senior center, with staffing to cover senior services beyond just lunch meals.
4545 10th Street, Guadalupe, Ca 93434 ⸰ 805-356-6155 ⸰ www.losamigosdeguadalupe.org LADG would like to give a big shout out to
Belinda Popovich, who is the LADG Board Secretary
for helping get the Senior Meals program up and
running. She has, for the past two months, been
volunteering 5 days a week, over 30 hours each week
to make this program work.

Finally, LADG was able to secure a $125,000
grant from AAA to replace some of the kitchen
equipment and to purchase a EV cargo van to help
with deliveries and picking up supplies. We are
waiting for a contract but the funds will replace the
stove, oven, hood, prep table and other items. LADG
staff will be working with City staff to determine what to do with the replaced items.

Guadalupe Coalition of Nonprofits (GCON)
LADG was successful in applying for a small
grant from the FUND for Santa Barbara. Using the
work LADG did in creating the Guadalupe Business
Association, LADG is facilitating monthly roundtables
with other local nonprofits and service providers that
serve the community of Guadalupe. The roundtable is
being used to explore how a coalition of some sort
could help each other in meeting individual
nonprofits missions. The goal is to develop over the
next year a permanent, sustainable organization. This
could be a multi-agency MOU or even a incorporation into a 501(c)(6) association.

The first meeting was held at the Guadalupe Senior
Center August 5, 2022 with over 40 individuals and
22 organizations in attendance. LADG is using its
Workplace platform to allow those individuals and
agencies to share information with each other. The
name, Guadalupe Coalition of Nonprofits (GCON),
was part of a process that included this name
winning a vote. A second meeting was held,
4545 10th Street, Guadalupe, Ca 93434 ⸰ 805-356-6155 ⸰ www.losamigosdeguadalupe.org October 7, 2022 once the group agreed via a vote, to hold monthly meetings, first Friday of the month, starting at 4:30PM.

Artists in the Schools
LADG was successful in applying for this grant with the California Arts Council (CAC). The funds will allow for an artist (Stephanie Krouse) to work with the GUSD to incorporate art into the classroom. The grant covers a part time artist for a two year period, starting in January. Stephanie and Alejandra have started meeting with school principals on how they will incorporate the artist into classrooms.

ReLeaf Program
LADG was successful in obtaining a grant to plant
trees in Le Roy park. The Releaf Program awarded $35,000 for the tree planting and educational activities. Shannon Sweeney organized a Scout Troop, as part of one scout’s Eagle Scout project, to fully organize and manage the
project from buying the trees and supplies to have a work weekend. Along with LADG volunteers, the scouts
successfully planted 76 trees, based on the original
landscape architectural design.

LADG partnered with Mary Buren Elementary School to provide educational opportunities concerning the trees in Le Roy Park. The students had field trips in June 2022, where they learned about the trees that have been planted as well as the overall importance of trees.

This past month, the ReLeaf Program completed a site visit to confirm the trees were planted, review their condition, and make recommendations. A number of the trees will need to be replaced and LADG is waiting on City staff to address some irrigation issues, after which, LADG will replace the trees that have died. The report was forwarded to City staff for their review. There is remaining funds to replace trees and purchase any needed supplies. 4545 10th Street, Guadalupe, Ca 93434 ⸰ 805-356-6155 ⸰ www.losamigosdeguadalupe.org EPA: Recreation Economy for Rural Communities (RERC)
LADG applied to the EPA for a planning effort. The EPAA, other federal agencies, and EPA hired consultants to work with rural communities to create plans to develop local recreational economies. LADG was successful and created a Steering Committee to work with the EPA. The Committee is made up of City, LADG, the GBA, and other community individuals and organizations.

One meeting has been held to date. Our next week, which is being organized, will be a full day workshop.

After the planning effort is done, there will be opportunities from the EPA, the other federal agencies and the consultant to support funding the funds to implement the plan itself.

Fiscal Sponsor
LADG has, in the past, supported fledgling nonprofits to get up a running by being their Fiscal Sponsor (fiscal agent). This was done, for example, with the Guadalupe Business Association as they needed to collect funds and pay bills but couldn’t open a bank account without completing the incorporation process and receiving their IRS 501 (c)(6) status letter. Since this time, the Santa Barbara Foundation has required FRESA and the Guadalupe Broadband Task Force to use LADG as the fiscal sponsor for these entities to receive grant funds.

LADG see this as a continuation of our mission to build a resilient Guadalupe by building capacity.

Thank You
LADG wanted the Council to be aware of
some thank yous that should be mentioned.

Veggie Rescue: this organization has been
wonderful in supplying kitchen rescue food to
help offset food supply costs. They have been
delivering weekly and the food that is “rescued” is
in excellent condition and not one thinks of
rescued food. The value from these donated food
is approximately $1,000 to $1,500 per week.

Taylor Farms: especially Julianne Hill, have also
been donating salad mixes for the senior meals program. She, as a representative of Taylor Farms, 4545 10th Street, Guadalupe, Ca 93434 ⸰ 805-356-6155 ⸰ www.losamigosdeguadalupe.org has also participated in the GCON roundtables, and donated a large amount of salad mixes for the Le Roy Park Grand Opening, all of which really shows her and Taylor Farms willingness to be engaged in the community.

Belinda Popovich: Belinda is LADG Board Secretary and has been instrumental in getting the Senior Meals program up and running. From developing the menus (required nutritional measurement included), to organizing the supply chain to training the kitchen staff and even doing prep work everyday, the great success of the program would not have been possible without her generous volunteering.

Future Funding Needs
LADG will, as a priority, research sources of grants to rehabilitate the Guadalupe Senior Center. While the building is solid, it is over 40 years old and upgrades are needed.

Also, presently the senior services are limited to senior meals. LADG will be researching sources of funds, supplemental to the AAA funds, to replace the CDBG CV 2/3 once that contract expires. It is LADG goal to have a full service Senior Center, opened Monday-Friday 9-4pm, providing activities, and coordinating services for the seniors.

LADG is working with the City to create a grant roundtable for multiple Guadalupe agencies/nonprofits to meet periodically to discuss grant opportunities and needs. This, along with the GCON, will open up communication between Guadalupe entities to support each other going forward.

Upcoming Grant Opportunities
Clean California Local Grant Program. This CalTCalifornia Department of Transportation is being released in the next few months, and this will be the second round of funding. The City/LADG would be very competitive for the grant but would need to find matching funds. A good project idea would be the renovation of the City pedestrian bridge.

Clean Mobility Options Program. From Transportation Needs Assessments to fundings e-bike/scooter, to EV vehicles and operating costs, this grant is out now for the needs assessment and in the new year for the equipment/program funding. LADG is looking to potentially apply for the purchase of an EV people carrier for Senior Transportation, primarily to get our seniors to and from the senior center. It could also pay for the staffing needed for operating the service. 4545 10th Street, Guadalupe, Ca 93434 ⸰ 805-356-6155 ⸰ www.losamigosdeguadalupe.org CDBG: the NOFA will be released in early January. LADG will discuss with City staff to continue with the annual public meetings, including the required design meeting. This grant has the potential to fund the expansion of senior services and renovate the senior center, depending on the State CDBG priorities in this upcoming NOFA.
4545 10th Street, Guadalupe, Ca 93434 ⸰ 805-356-6155 ⸰ www.losamigosdeguadalupe.org CITY ADMINISTRATOR’S REPORT
November 8, 2022
(Information below may be subject to change)

1. Escalante Meadows Update
Escalante Meadows is completing their due diligence with the lenders and investors. They are targeting a construction finance close on or about 11/15. They will issue a notice to proceed to Ashwood Construction Company as soon as they close records. They are getting close!

2. November 8th Elections
This is a friendly reminder that Election Day is Tuesday, November 8th! Two Polling locations in Guadalupe: Vets Hall and Riverview.
- Election Day hours are from 6:00 AM until approximately 9:30 PM. The Election Officers assigned to our location will need to be in the polling place during those hours.
- Voting will take place between 7:00 AM and 8:00 PM.

3. Dianne Feinstein Field Meeting
Senator Feinstein’s Field Representative was instrumental, along with Congressman Carbajal's staff, in getting the $1.7M grant for the Phase II of Le Roy Park. She met with city staff at Le Roy Park on November 4th to check in on Phase II and about other City topics.

4. Royal Theater Historic Tax Credits Meeting ($1.5M)
As you know, the City has received two grants totaling $10M for the renovation of the Royal Theater and for the completion of the three (3) story contemporary building attached to the Theater.

The city administrator and Tom Brandeberry had a conversation with Adam Marwook (consultant) on October 31 to go over some more details about some new funding opportunities regarding the Federal Historic Tax Credits, and a suggestion by Adam for the City to consider New Market Tax Credits.

What Adam said, for the first time, there is an application process, not done by him, to apply for Federal Historic Tax Credits. He also stated this application is done by historic architects.

The city will need to use former RDA funds to hire a historic architect if we want to apply. The city is pretty much guaranteed to receive an additional $1.5 million to be use for anything related to the Royal Theater project including programming and construction cost overruns, etc.

Agenda Item No. 7
The city has an agreement with Robert Chattel to complete the National Environmental Policy Act (NEPA), 106 consultations with State Historic Preservation Officer (SHPO). This work is limited to approving the 106 process and the Plan for state approval. The Federal Historic Tax Credits is an additional review of the plans for approval by the feds that the renovation plans meet the Federal Historic Tax Credit restoration requirement.

It is a 3-part application process, where the first part is done (gaining historic status for the building). The second two parts are completed after we address the 106 processes. Since the work is like what Chattel is already doing and since he knows our project, architecturally, intimately, I have asked him to send a proposal and price.

This message is to let you council know the issue and what needs to be done if we want historic tax credits. Once the City gets the proposal, this may be something that goes to city council for consideration.

5. City Hall Chamber Zoom / YouTube Fix
ITECH came in last week and upgraded the Wifi Spot for the Council Chamber. The connection was tested, and everything was running ok. ITECH did state that they were going to look and prioritize bandwidth to make sure the chamber has a better connection. We will see how it tests out at the November 8th City Council meeting.

6. City Website
As you may recall, the new city website will be funded by ARPA, but the project was put on hold as staff resources stalled this effort. However, on November 1, the City Administrator asked the Web designer to meet with the Department Heads to revisit this project and ‘button up’ loose ends to meet the needs to complete the project. An updated website is long overdue.

7. Chevy Bolt
A couple weeks ago, Los Amigos de Guadalupe (LADG) got word that the contracts will now be developed for the grant that include a new cargo van so the Chevy Bolt will no longer be needed. The Chevy Bolt was funded by a CDBG grant for food distribution but is titled to the city. The city will be taking the Bolt once LADG purchases their own cargo van for improved food distribution. The use of the Bolt will benefit the administration, finance, and recreation and facilities staff. This vehicle is very inexpensive to operate.

8. CEDS Project - Two-County Regional Comprehensive Economic Development Strategy The city administrator met with REACH Central Coast Agency on November 1. REACH is very impressed with Guadalupe’s mix of downtown opportunities and larger housing developments, but the city administrator helped them understand the community much better. Their consultants provided an overview on the CEDS project, TIP Strategies, who will help them understand from the city administrator about those same questions—what are the strengths, opportunities, and challenges in the community from our perspective. REACH can also help set the regional context for this project and how important it is to further integrate Guadalupe into the larger regional conversation.

9. Planning Director Schedule Update
The week of October 31st, the Planning Director finished up his draft staff report for the General Plan Update; it's long but needed to cover a lot of material. Then he’ll move to the Findings contained in the Resolution, making a separate Resolution for the MND, per the City Attorney’s recent direction. There are no conditions permitted for a general plan amendment/update, so we'll just need to take the Goals, Policies, and Plans as a "Condition" packet. Remember that Council agreed to allow us to put three-year timelines on all the programs which will help the new planner (and me as a backup) to work on these.

The Planning Director’s other marching order is to prepare an update to our ADU ordinance to include all the new junk that the state is requiring. That needs to go to Council at the first and only meeting in December. We'll have the second reading the first meeting of January.

Then the ordinance amendment will go into effect 30 days after the second reading.

10. Food Distribution – November 3rd
On November 3rd, the city administrator (including new HR Manager Tegnear Butler) and other staff helped on a very successful food distribution drive at the senior center.

11. Recreation and Parks Commission Minutes – October 4, 2022.

Please see attachment 1 for the October 4, 2022, Recreation and Parks Commission minutes.

12. HdL Housing Update
Rapidly increasing mortgage rates slowed California home sales in the third quarter and continued the month-to-month declining trend that began in the spring. The statewide median home price was $821,680, down 2.1 percent from August and up 1.6 percent from September 2021. Although the median price continued to increase on a year-over-year basis, the growth rate remained very mild compared to what we saw earlier this year. September marked the fourth consecutive month with a single-digit annual increase. (Regional and condo sales data not seasonally adjusted) Please see the chart below for sales and price activity by region.

Attachment 2 are reports showing the number of detached single-family residential sales (by quarter) and the median sale price for those properties. The report batch includes a sheet for the entire county and one for each of our client cities/agencies.

MINUTES

CITY OF GUADALUPE

REGULAR MEETING OF THE RECREATION AND PARKS COMMISSSION TUESDAY, OCTOBER 4, 2022
Call to Order: Recreation Commission Chair-Joe Harris called the meeting to order at 6:00 p.m.

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

Commission Chair: Joseph Harris- Present
Commissioner: Enrique Ortiz- Present
Commissioner: Emily Dreiling- Present

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

3. Community Participation Forum
No participation.

4. Consent Calendar
A. Motion was made by Dreiling, seconded by Ortiz to approve the September 6, 2022, regular meeting minutes. All ayes, 3/0. Motion passed.

Regular Business

5. Other matters of importance that the Recreation Services Manager will discuss, if deemed necessary.
a. Public Works Director, Shannon Sweeney, attended the meeting to report to the commission about the upcoming renovation to Central Park. Ms. Sweeney and the design consultant team has gone through the budget and compared what was put in the grant application and what the consultant believes will be the actual costs.

Ms. Sweeney presented the group with documents showing those numbers (see attachments). Ms. Sweeney brought up the water tower as it has a large sum of money wrapped up specifically for the water tower. She discussed that the water tower has money earmarked for art so the ideas of being painted or being wrapped were brought up. Ms. Sweeney asked the commission what type of art they would like on the water tower. Some ideas brought up were to paint it as a strawberry, to depict the dunes, and/or to depict the train. Commissioner Dreiling October 4, 2022 City of Guadalupe Recreation & Parks Commission Minutes ATTACHMENT 1

SALES VALUE HISTORY

THE COUNTY OF SANTA BARBARA
Detached Single Family Residential Full Value Sales (01/01/2020 - 9/30/2022) Year Full Value Sales Average Price Median Price Median % Change 2020 Q1 698 $894,456 $525,000
2020 Q2 657 $1,021,961 $529,000 0.76%
2020 Q3 1,040 $1,373,333 $680,250 28.59%
2020 Q4 966 $1,437,487 $777,500 14.30%
2021 Q1 850 $1,492,397 $678,000 -12.80%
2021 Q2 1,002 $1,586,785 $744,750 9.85%
2021 Q3 961 $1,486,621 $703,000 -5.61%
2021 Q4 813 $1,434,657 $690,000 -1.85%
2022 Q1 742 $1,636,423 $710,000 2.90%
2022 Q2 712 $1,532,804 $710,000 0.00%
2022 Q3 640 $1,436,991 $683,000 -3.80%
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
$1,600,000
$1,800,000
2020 Q12020 Q22020 Q32020 Q42021 Q12021 Q22021 Q32021 Q42022 Q12022 Q22022 Q3 Median Price Avg Price
Year
Sales Price
*Sales not included in the analysis are quitclaim deeds, trust transfers, timeshares, and partial sales.

SALES VALUE HISTORY

THE CITY OF BUELLTON
Detached Single Family Residential Full Value Sales (01/01/2020 - 9/30/2022) Year Full Value Sales Average Price Median Price Median % Change 2020 Q1 11 $610,682 $609,000
2020 Q2 9 $615,556 $635,000 4.27%
2020 Q3 18 $716,797 $713,000 12.28%
2020 Q4 10 $657,400 $612,000 -14.17%
2021 Q1 9 $720,611 $702,500 14.79%
2021 Q2 14 $772,964 $760,500 8.26%
2021 Q3 14 $732,143 $747,000 -1.78%
2021 Q4 14 $818,750 $796,750 6.66%
2022 Q1 14 $926,250 $929,750 16.69%
2022 Q2 10 $844,150 $823,250 -11.45%
2022 Q3 13 $824,115 $850,000 3.25%
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
2020 Q12020 Q22020 Q32020 Q42021 Q12021 Q22021 Q32021 Q42022 Q12022 Q22022 Q3 Median Price Avg Price
Year
Sales Price
*Sales not included in the analysis are quitclaim deeds, trust transfers, timeshares, and partial sales.

SALES VALUE HISTORY

THE CITY OF GOLETA
Detached Single Family Residential Full Value Sales (01/01/2020 - 9/30/2022) Year Full Value Sales Average Price Median Price Median % Change 2020 Q1 28 $939,696 $852,500
2020 Q2 27 $820,167 $805,000 -5.57%
2020 Q3 36 $1,035,125 $944,750 17.36%
2020 Q4 46 $1,038,228 $979,000 3.63%
2021 Q1 41 $1,082,171 $1,000,000 2.15%
2021 Q2 44 $1,210,784 $1,150,000 15.00%
2021 Q3 57 $1,250,789 $1,154,000 0.35%
2021 Q4 36 $1,296,597 $1,177,500 2.04%
2022 Q1 45 $1,578,767 $1,400,000 18.90%
2022 Q2 31 $1,631,919 $1,575,000 12.50%
2022 Q3 27 $1,374,241 $1,350,000 -14.29%
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
$1,600,000
$1,800,000
2020 Q12020 Q22020 Q32020 Q42021 Q12021 Q22021 Q32021 Q42022 Q12022 Q22022 Q3 Median Price Avg Price
Year
Sales Price
*Sales not included in the analysis are quitclaim deeds, trust transfers, timeshares, and partial sales.

SALES VALUE HISTORY

THE CITY OF GUADALUPE
Detached Single Family Residential Full Value Sales (01/01/2020 - 9/30/2022) Year Full Value Sales Average Price Median Price Median % Change 2020 Q1 30 $396,567 $416,250
2020 Q2 28 $416,982 $413,250 -0.72%
2020 Q3 38 $397,382 $415,500 0.54%
2020 Q4 16 $424,531 $442,000 6.38%
2021 Q1 34 $418,802 $445,250 0.74%
2021 Q2 28 $454,446 $473,500 6.34%
2021 Q3 17 $483,088 $495,000 4.54%
2021 Q4 13 $492,615 $545,000 10.10%
2022 Q1 39 $512,033 $526,000 -3.49%
2022 Q2 31 $551,581 $565,000 7.41%
2022 Q3 33 $547,904 $578,500 2.39%
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
2020 Q12020 Q22020 Q32020 Q42021 Q12021 Q22021 Q32021 Q42022 Q12022 Q22022 Q3 Median Price Avg Price
Year
Sales Price
*Sales not included in the analysis are quitclaim deeds, trust transfers, timeshares, and partial sales.

SALES VALUE HISTORY

THE CITY OF LOMPOC
Detached Single Family Residential Full Value Sales (01/01/2020 - 9/30/2022) Year Full Value Sales Average Price Median Price Median % Change 2020 Q1 75 $354,327 $360,000
2020 Q2 73 $391,425 $385,000 6.94%
2020 Q3 91 $399,604 $395,000 2.60%
2020 Q4 63 $407,246 $406,500 2.91%
2021 Q1 80 $421,213 $415,000 2.09%
2021 Q2 92 $457,815 $462,500 11.45%
2021 Q3 101 $458,861 $470,000 1.62%
2021 Q4 93 $482,000 $475,000 1.06%
2022 Q1 83 $540,898 $530,000 11.58%
2022 Q2 75 $627,850 $535,000 0.94%
2022 Q3 71 $496,486 $509,000 -4.86%
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
$700,000
2020 Q12020 Q22020 Q32020 Q42021 Q12021 Q22021 Q32021 Q42022 Q12022 Q22022 Q3 Median Price Avg Price
Year
Sales Price
*Sales not included in the analysis are quitclaim deeds, trust transfers, timeshares, and partial sales.

SALES VALUE HISTORY

THE CITY OF SANTA MARIA
Detached Single Family Residential Full Value Sales (01/01/2020 - 9/30/2022) Year Full Value Sales Average Price Median Price Median % Change 2020 Q1 147 $399,848 $405,000
2020 Q2 119 $425,038 $417,000 2.96%
2020 Q3 173 $429,968 $430,000 3.12%
2020 Q4 196 $434,812 $430,000 0.00%
2021 Q1 154 $459,721 $453,250 5.41%
2021 Q2 189 $470,037 $455,000 0.39%
2021 Q3 203 $506,227 $514,000 12.97%
2021 Q4 172 $502,878 $515,000 0.19%
2022 Q1 135 $511,781 $510,000 -0.97%
2022 Q2 150 $559,400 $562,500 10.29%
2022 Q3 142 $563,523 $559,500 -0.53%
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
2020 Q12020 Q22020 Q32020 Q42021 Q12021 Q22021 Q32021 Q42022 Q12022 Q22022 Q3 Median Price Avg Price
Year
Sales Price
*Sales not included in the analysis are quitclaim deeds, trust transfers, timeshares, and partial sales.

This report is not to be used in support of debt issuance or continuing disclosure statements without the written consent of HdL, Coren & Cone
Data Source: Santa Barbara County Recorder Prepared On 10/19/2022 By MV 1 DIRECTOR OF PUBLIC SAFETY REPORT
333 Guadalupe St
Total Fence length (333-363) = 430 feet
Total fence length on 333 Guadalupe st parcel = 250 feet Total Fence length on 363 Guadalupe St parcel = 180 feet.

The fence at 333 and 363 Guadalupe St is in overall good shape; some maintenance is needed to comply with section 18.52.125 Wall and fence maintenance and enforcement. Section 18.52.125 Requires the property owners to repair the fence to its original condition. As this fence was built and established before the adoption of GMC 18.52.122 the requirement for privacy fencing cannot be enforced based on section 18.52.125 Wall and Fence maintenance. However, As the applicant is applying for a required 333
363
Agenda Item No. 8
2 Zoning Clearance for the new use of the space, Section 18.52.122 Walls and fences required do apply.

Section 18.52.122 states That:
“In all zoning districts, a permanent screen wall and/or fence shall be required in conjunction with the issuance of a building permit for permitted uses, or as a condition of approval for discretionary projects as follows:”
Additionally, subsection C of the code stated that:
“C. Commercial and Industrial Projects. A perimeter fence and/or wall may be required for all industrial and commercial projects to mitigate adverse visual, aesthetic, and noise impacts.

Requirements for the size, location, and material of the fence and/or wall shall be determined during the site plan review process.”
Based on these findings, the city may require upgrading the fence to include barriers to mitigate adverse visual/aesthetic impacts. Additionally, as the area requested for use encompasses both lots 333 and 363, it would be recommended to require that both sections of the fence are upgraded.

City Council has the option to enforce the standard at this time but is not required to do so as the language states “may be required.” The Specific type, size, location, and material of the fence are to be determined at the time of application review. If the City Council decides not to enforce the code at this time, the opportunity to implement this code will not be available until the next time an application for zoning clearance is submitted. Section 18.52.125 Wall and fence maintenance and enforcement will only require that the fence is maintained and repaired to its original condition.

View from West to East (Fence structure is in generally good shape. Repair of fence bindings, straightening of fence poles, and remounting of pole bracket is required.) 3 View from South to North (Fence structure is in generally good shape. Repair of fence bindings, straightening of fence poles, tightening of the fence, and weed abatement required.) View from west to East (Fence structure is in generally good shape. Vehicles blocking alley access to 333 Guadalupe St at the gate located 200 feet from the Southwest corner of the lot. (Removal of obstructions and Knox padlocks would need to be added)
4 View from South to North (Fence structure is in generally good shape.) View from South to North (Fence structure is in generally good shape. The fence barbwire is damaged approximately 60 feet from the Southwest corner of the lot. The area of barbwire needing repair is approximately 44 feet in length.
5 View from South to North (Southwest corner of the property at 333 Guadalupe St. Fence structure is in generally good shape. The gate and the initial 15 feet of the fence have leaned inward. Straightening of poles and Weed Abetment on the fence line is required.) City of Guadalupe Municipal Code
6 18.52.122 Walls and fences required.

C. Commercial and Industrial Projects. A perimeter
fence and/or wall may be required for all industrial and commercial projects to mitigate adverse visual, aesthetic, and noise impacts. Requirements for the size, location, and material of the fence and/or wall shall be determined during the site plan review process.

18.52.123 Design.

All fences, walls and retaining walls constructed within the City shall abide by the design standards of this title.

Fencing shall be incorporated into developments in a manner which complements the project’s architecture and blends with perimeter landscaping. Fences shall not detract from
neighboring properties and long expanses of fence or wall surfaces shall be architecturally designed to prevent monotony

18.52.125 Wall and fence maintenance and
enforcement.
7 It is hereby declared a public nuisance, subject to the penalties of Section 18.84.030, for any person owning, leasing or having charge of any premises in the City, to maintain such premises in which any of the following conditions are found to exist:

A. A fence or wall in which over 5% of the material is
missing or in disrepair.

B. A fence or wall which is not repaired within 30 days after receiving a notice from the Zoning Administrator, due to any of the following conditions: fence or wall material which is bowing, chipping, bending, or breaking, and/or a wall or fence with graffiti on it or with paint that is peeling or chipping and which is not repaired within 30 days. (Ord. 88-285 §2; Ord. 87-276)

18.40.050 Materials and equipment storage areas.

All equipment and materials storage areas shall be screened by a solid fence, wall or screen planting not less than 6 feet in height. (Ord. 189 Art. 3 §7.4, 1980)
Chapter 18.52 DESIGN AND DEVELOPMENT REQUIREMENTS

18.52.120 Walls and fences—Restrictions in all districts. 8 Fences, walls, and retaining walls in all zoning districts shall be designed and regulated in accordance with appropriate chapters and sections of the Uniform Building Code and this code. (Ord. 87-276)

18.52.121 Height requirements.

A. In all districts, fences and walls over 6 feet in height shall not be constructed within any yard setbacks required by Sections 18.52.040 through 18.52.080 inclusive of this chapter. Any wall or fence over 6 feet in height regardless of where located shall be deemed a structure and shall be subject to all regulations requiring issuing of a building permit or a zoning permit as required under the provisions of Sections 18.12.010 and 18.12.020 of this title.

B. In all R-1, R-1-M, R-2, and R-3 districts, a wall, fence or hedge shall not be constructed or allowed to grow over 3 feet in height within the front yard setback of any lot as required by Sections 18.52.040 through 18.52.080, inclusive of this chapter and Section 18.24.070 of this title except for the purpose of providing a screen for a trash enclosure.

C. Corner Lots. In all R-1, R-1-M, R-2 and R-3 districts, no fence, hedge or screen wall shall be permitted to exist in excess of 3 feet in height within 60 feet of the street corner measured from the edge of the pavement; or which otherwise impairs the vision of a driver of a vehicle approaching the intersection within said 60 feet. The City Building Official shall have discretion to further limit the height of the fence, hedge or screen wall to prevent such impairment of vision.

D. Non-Corner Lots. In all R-1, R-1-M, R-2 and R-3 districts, a fence, hedge or screen wall may be permitted to exist to a maximum height of 4 feet if the plant and/or construction material is of a nature to permit visibility through the same by vehicular traffic on the adjacent roadway. Solid fences, hedges and screen walls higher than 3 feet shall not be permitted. The City Building Official may impose reasonable maintenance conditions on any permit to construct a fence, hedge or screen wall to assure that adequate visibility is continuously maintained. (Ord. 2000-348 §1; Ord. 87- 276)

18.52.122 Walls and fences required.

In all zoning districts a permanent screen wall and/or fence shall be required in conjunction with the issuance of a building permit for permitted uses, or as a condition of approval for discretionary projects as follows:
9 A. Subdivisions (Parcel and Tract Maps). All subdivisions may be required, as a condition of approval, to construct either a masonry, pre-cast, cast-in-place, or brick wall 6 feet in height along the exterior rear and side yard boundaries of the project. The fencing material may be reviewed by the Planning Commission and approved by the City Council. Walls for the project, if phased, may be constructed as part of the first phase of the project.

B. Multifamily Projects. All multifamily projects with 6 or more units shall be required, prior to the issuance of a certificate of occupancy and/or business license, to construct a wall along the rear and the side yard boundaries of the development. The purpose of the wall is to mitigate adverse noise and land use impacts. Therefore, the wall, the height of which shall be determined by the Zoning Administrator, Planning Commission or City Council, depending upon the required level of processing, shall be constructed from the following materials: masonry, pre-cast, cast-in-place, or brick. A front wall may also be required for screening purposes.

C. Commercial and Industrial Projects. A perimeter fence and/or wall may be required for all industrial and commercial projects to mitigate adverse visual, aesthetic, and noise impacts. Requirements for the size, location, and material of the fence and/or wall shall be determined during the site plan review process.

D. Trash and Refuse Collection Areas. All refuse areas within all commercial, industrial and manufacturing zones, and all multifamily projects with 6 or more units shall be screened on 3 sides with a 6-foot high masonry wall. The material shall be finished to match the architectural character of the development project. Multifamily projects with 5 or less units shall provide fencing on 3 sides, the material shall be determined by the Zoning Administrator, Planning Commission, or City Council depending on the level of processing required for the project.

E. Parking Lots in Conjunction with Commercial, Industrial, Manufacturing or Residential Development. When a parking lot is proposed in conjunction with a multifamily residential, commercial, industrial or manufacturing project, the parking lot shall be screened from view with a wall, fence, berm or combination thereof as approved by the City Council, Planning Commission or Zoning Administrator. (Ord. 92-312 §1; Ord. 87-276)

18.52.123 Design.

All fences, walls and retaining walls constructed within the City shall abide by the design standards of this title. Fencing shall be incorporated into developments in a manner which complements the project’s architecture and blends with perimeter landscaping. Fences shall not detract from neighboring properties and long expanses of 10 fence or wall surfaces shall be architecturally designed to prevent monotony. (Ord. 88- 285 §1; Ord. 87-276)

18.52.124 Fence and wall heights.

Fence and wall heights shall be measured at grade. In the event that there is a change in topography between adjoining lots, a fence may be constructed up to 6 feet in height at the property line. (Ord. 87-276)

18.52.125 Wall and fence maintenance and enforcement.

It is hereby declared a public nuisance, subject to the penalties of Section 18.84.030, for any person owning, leasing or having charge of any premises in the City, to maintain such premises in which any of the following conditions are found to exist:

A. A fence or wall in which over 5% of the material is missing or in disrepair.

Page 1 of 7 ends

Agenda Item No. 9

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of November 8, 2022

_______________________________ _________________________________ Prepared by: Approved by:

Bill Scott, Contract City Planner Todd Bodem, City Administrator SUBJECT: Public Hearing to consider a Notice of Exemption, Conditional Use Permit (2022-027- CUP) and Design Review (2022-030-DR), for to allow a high-density residential project consisting of 27 apartment units on the westerly portion of the 0.70-acre property at 823 Guadalupe Street (Assessor’s Parcel Numbers (115-112-003). The project is proposed pursuant to state Government Code Section 65915 (Density Bonus Law).

EXECUTIVE SUMMARY:

The applicant is requesting City Council approval of a notice of exemption (from CEQA), conditional use permit (CUP) and Design Review (DR) to allow a high-density residential project consisting of a total of 27 apartment units on 0.70-acres. The applicant has applied Government Code 65915 (California Density Bonus Law) to increase the allowable density to 38.6 units per acre. Twenty-four market-rate apartments would be contained in a new three-story building; and three affordable apartments would be established on the second floor above the commercial space in the existing mixed-use building at 823-829 Guadalupe Street. The property is in the G-C (General Commercial) zoning district. Municipal Code Section 18.36.30 (A)specifies wholly residential buildings requires approval of a conditional use permit in the G-G (General Commercial) zone. Municipal Code Section 18.73.010 also requires a Design Review for new multifamily residential developments exceeding 3 units; and, Section 18.73.030 states a Design Review Permit is required for any development on properties in the City’s Central Business District, particularly on properties fronting along Guadalupe Street. A Categorical Exemption was prepared for the project in accordance with State CEQA Guidelines.

RECOMMENDATION:

It is recommended that the City Council:
1) Receive a presentation from staff;
2) Conduct a public hearing, including: a) an opportunity for the applicant to present the proposed project, and b) receive any comments from the public; and 3) Adopt Resolution No. 2022-97 approving the Notice of Exemption, Conditional Use Permit 2022- 027-CUP, and Design Review 2022-030-DR for the 823 Guadalupe Street Apartment project.

Bill Scott

Page 2 of 7 ends

BACKGROUND:

As stated above, the applicant is requesting City Council approval of a conditional use permit (CUP) and Design Review (DR) to allow a high-density residential project, consisting of twenty-seven total units on

0.70-acres. An increase in residential density has been proposed under the state Government Code 95915 (Density Bonus Law). In accordance with the Density Bonus Law, a developer is provided an increase in the allowable residential density if a residential development contains a specified percentage of affordable housing units. In this case, the developer is providing fifteen percent (15%) of the base number of apartments(three [3] apartments) for very-low-income households. In addition to an increase in density, the applicant is allowed certain development incentives or concessions under the density bonus law.

Project Description
The 0.70-acre property is in Downtown Guadalupe on the northerly side of Eighth Street; and is bounded by Guadalupe Street on the east and Pioneer Street on the west. An existing two-story building (823-829 Guadalupe Street) is facing Guadalupe Street at the front of the property on the east side. The rear (westerly) portion of the property is currently unimproved land (Attachment 2 – Aerial Vicinity Map). As noted, twenty-four apartments would be contained in a new three-story building located directly behind the existing building. There would be eight apartment units on each floor of the new building. Three affordable apartments would be constructed in the second-floor portion of the existing building, The ground floor of the front building would continue to contain retail space.

The apartment units in the new building would be one- and two-bedroom units. The renovated second floor in the existing building would contain one three-bedroom unit and two four-bedroom apartments.

As permitted by the Density Bonus law, the project is proposing half of the parking spaces that typically would be required (a total of twenty-seven parking spaces). The 27 parking spaces are proposed to accommodate the parking needs of both buildings. An analysis of the development proposal is provided in the Discussion Section below.

DISCUSSION:

Density Bonus Law:

California Government Code Section 65915 (the Density Bonus Law) was substantively amended in 2019 by Assembly Bill 1763. AB1763 added new affordability categories and substantially increased allowable density. As well, AB1763 substantially relaxed the parking requirements for qualified housing projects.

Thus, as applicable the project has been evaluated for conformance with the state Density Bonus law as described below:

R-3 Zone, Development Standards:

For residential projects on properties in the G-C (General Commercial) zone, the Planning Department applies the standards of the R-3 (High Density) residential zoning district. The R-3 development standards establish allowable, density, building setback, and building height requirements. The applicant has applied the Density Bonus law waive the City’s maximum allowable density, building setback and parking standard as follows:

Page 3 of 7 ends

Project Density: The Government Code Section, 65915(3)f) states: for the purposes of this chapter “Density Bonus” means a density increase over the otherwise maximum allowable gross residential density as of the date of the application…
Municipal Code Section 18.32.020(A) specifies: a maximum of one (1) dwelling unit for each 1,700 square-feet of lot area. At one unit per 1,700 square-feet, the maximum number of units allowed on the

0.70-acre (30,678 square-foot) lot, would be nineteen (19) apartments (rounded).

The applicant is proposing three of the units (15%) for very low-income households. For a project proposing fifteen percent of the units for very low-income households, the Table contained in Government Code Section 65915(f)(2) allows a fifty percent (50%) Density Bonus (Attachment 3). Based on a fifty-percent increase, an additional 9.5 units (ten rounded) would be allowed. Therefore, up to twenty-nine (29) apartments is allowed under the Density Bonus law. The applicant is proposing twentyseven apartment units.

As noted, all fractions are rounded up. Under Government Code Section 65915 (9)(q): Each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number.

Incentives and Concessions: In addition to an increase in density, Government Code Section (d)(1)(2)(C) provides: Three (3) incentives or concessions for projects that include… at least 15 percent (of the units) for very low-income households…
The applicant is using the following three (3) development incentives or concessions made available by the density bonus law: 1) a building setback reduction; 2) a substantial parking reduction; and 3) removal of the City’s covered parking requirement.

Setback Reduction: The project site could be considered to have two frontages. However, based on the design of the project, the west (Pioneer Street) side of the project is considered the rear. The Municipal Code specifies a fifteen-foot rear-yard setback; however, the project has applied one density bonus concession to reduce the west-site setback to one (1) foot. The Building Official has concurred that no safety impact would result from this setback reduction. However, the reduced setback will place the large building mass in direct proximity to the public street. A 15 foot wide parkway will be dedicated to the City. The park strip will include a segment of sidewalk and olive trees are proposed in the parkway.

To some degree the parkway will establish a “yard” between the building and the public street, and the tree plantings will serve to break up building mass at the Pioneer Street frontage.

Parking Reduction: Under the City’s zoning code parking standard, a total of fifty-four (54) parking spaces (2 per unit), would normally be required. Instead, the applicant has used the density bonus law to provide a total of twenty-seven (27) off-street parking spaces. Thus, half the parking spaces normally required for the residential component is provided. Furthermore, the twenty-seven spaces are proposed to accommodate the parking needs for both buildings on the property. Based on this substantial parking reduction, some degree of on-street parking by residents and their guests can be anticipated. The Government Code statutes which establish parking incentives and concessions are provided in Attachment 3.

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Covered Parking Reduction: The Municipal Code specifies at least one covered parking space (typically a carport) be provided for each apartment unit, or a total of twenty-seven carports would normally be required. The applicant has applied the third concession to eliminate any covered parking.

Government Code Compliance:

In accordance with the state density bonus law, Guadalupe Municipal Code (GMC) Chapter 18.54 establishes corresponding regulations. GMC Section 18.54.080(B) establishes the procedural steps necessary if the City determines a requested incentive or concession would result in an adverse impact.

This Code section specifies the City must make a written finding, based on substantial evidence, that a requested incentive or concession would: a) not be required to provide the desired affordable housing, or; b) the incentive or concession would be detrimental to the immediate community; or c) that the proposed incentive or concession would violate state or federal law. This Code section specifically states:

The City shall grant incentive(s) or concession(s) requested by the applicant unless the City can make a written finding, based upon the substantial evidence, of any of the following:

1. The incentive or concession is not required in order to provide for affordable housing costs or affordable rents.

2. The incentive or concession would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the California 18.44.080(B), upon public health and safety or physical environment or any real property that is listed in the California Register of Historical Resources and for which the City determines there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.

3. The incentive or concession would be contrary to State or Federal law.

Planning staff is of the opinion that these findings cannot be made based upon substantial evidence. If the City Council believes otherwise, it should provide direction to staff, and staff will review its initial determination based upon this direction. Accordingly, if this is the preference of the Council, the Council should continue this item to a future meeting (on a date certain).

Density Bonus Agreement: As noted, City of Guadalupe Municipal Code Chapter 18.54 (Density Bonus) is the City’s Ordinance which provides corresponding regulations to Government Code 65915. Under the provisions of GMC section 18.54.100, the applicant shall execute a Density Bonus Agreement with the City. The Density Bonus Agreement will set the duration for maintaining the affordable component of the project, as well as any other requirements deemed to be appropriate by the City. The density bonus agreement will be binding on the owner and successors and will secure the specific terms of the Density Bonus Agreement.

Density Bonus Summary:

As described above, under the density bonus law the applicant is allowed up to twenty-nine (29) apartment units, at a density of 38.6-units per acre The project has proposed twenty-seven (27) apartments, including three (3) apartments for very low-income households. The three concessions

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requested are a) a setback reduction on the south side of the building; b) a substantial parking reduction from fifty-four parking spaces to twenty-seven (27) off-street parking spaces; and 3) elimination of the covered parking requirement. The twenty-seven apartment units and three incentives/concessions are found by staff to be consistent with the Density Bonus Law (Government Code Section 65915). On-street parking can be anticipated. Excerpts of applied density bonus statutes are provided as Attachment 3 for reference.

OTHER PROJECT COMPONENTS
New Apartment Building
Building Height
Required: As noted, the R-3 (High Density Residential) development standard is applied for multi-family development projects in the G-C (General Commercial) zone. Municipal Code Section 18.52.020 (Building Height) specifies: In R-3 district, the height of a building or structure shall not exceed 2 stories, or a height of 35 feet.

Provided: The new apartment building is thirty-five feet (35’) at the top of the parapet. Although the building contains three-stories, the thirty-five foot tall building height is found to meet the maximum height standard established by Municipal Code Section 18.52.020. Furthermore, the thirty-five foot building height is lower than the fifty-foot building height otherwise allowed under the G-G (General Commercial) zoning standard.

Usable Open Space
Municipal Code Section 12.52.090 (Private Usable Open Space) specifies: Private usable open space shall be provided for all newly constructed multifamily dwelling units. Such space shall be located next to and accessible by a door from the dwelling unit served.

Ground-Level, Required: Municipal Code Section 18.52.100 specifies multi-family developments shall have a ground-level open space of not less than 100 square feet, with a dimension of no less than 8 feet.

Ground-Level, Provided: Each of the eight ground-level units is provided a private yard. The private yards are accessible from the living/kitchen areas; and range in size from 136 square-feet to 212 square-feet.

The ground-level open space dimensions range from a minimum of 8.5 feet by 25 feet, to 8.5 feet by 25 feet. The project meets the minimum size standard established for multi-family residential projects.

Above-ground-level, Required: Municipal Code Section 12.52.110 specifies: Above-ground open space shall be accessible only from the unit being served, contain not less than 50 square feet, and a rectangle inscribed within that space shall have no dimension less than 5 feet.

Above-Ground-Level, Provided: Each upper floor unit is provided a deck. The deck is accessed only from the unit living area and the decks range from 54 square-feet to 110 square-feet. The dimension of the upper floor balconies range from 54 feet to 110 feet. Each of the units is accessed only through the living room/kitchen portion of the unit. The Municipal Code private open space standard is met by the project.

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Open Space - Existing Building Units: For the three apartments in the second-floor portion of the existing building, the fully enclosed nature of the existing building does not provide for a directly connected balcony or deck. Instead, a yard approximately 8,200 square feet, in size yard is provided at the base of the stairway leading to the apartment second-floor apartment unit in the front building. This open space area is appropriately landscaped and includes a seating area. The open space areas are adequate to meet the private yard needs of future tenants and meet the Municipal Code open space standards.

Landscape:

Required: Municipal Code Section 18.62.024 (A) (Landscape Coverage) specifies: Not less than 10% of a parcel shall be covered with dense landscaping that consists of trees, plants and shrubs and may include fencing, fence panels, masonry, and other structural decorative items.

Provided: Over eleven percent (11%) percent landscape coverage (4,100 square-feet) is provided.

Landscaped areas include a mixture of palms and shade trees along the southerly site perimeter; a variety of trees and shrubs within the internal portions of the site; including the south side of the apartment building and within the larger common open space/seating area. A row of shrubs is provided along thieve-foot wide side-yard on the north and two shade trees are provided in the parkway on the Pioneer Street frontage. Based on the above, the project meets the landscape Municipal Code standards for the provision of landscaping. As specified by Municipal Code Section 18.64.120 all required landscaping shall be maintained by the owner in good condition for the life of the project.

Driveway/Circulation:

A sixteen-foot wide one-say driveway with angled parking is provided. The driveway is entered from Guadalupe Street, and exitits unto Pioneer Street. Instead of standard curbing, a rolled curb is provided to ensure adequate emergency vehicle with can be achieved.

Design Review:

Municipal Code Section 18.73.010(A) (Applicability) specifies: A Design Review Permit is required for any development, including either or both structural development and grading, on properties in the City’s Central Business District (as defined in the General Plan) or on properties with frontage along Guadalupe Street or Main Street…
In this case, since the CUP has covered most of the project’s regulatory conformance issues, the main design review consideration is the visual appearance of the project in this Downtown City location; particularly the appearance of the two-story building fronting Guadalupe Street. As a part of the project, the façade of the building will be renovated as necessary to repair worn and damaged exterior features and an overall clean-up of the building exterior will be completed by the owner.

Conclusion:

In summary, the project meets the Government Code provisions for a density bonus and incentives and concessions. On-street parking can be anticipated as result of the parking concession. On the other hand, the additional dwelling units can be anticipated to provide additional patronage for the businesses and restaurants in the City’s Downtown. Furthermore, the development would revitalize an infill property in the urbanized portion of the City where public infrastructure, services and transit facilities are already in

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place. Thus, the project would support Economic and Environmental sustainability goals of the General Plan.

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

PUBLIC NOTICE:

Staff published the required Public Hearing Notice in a newspaper of general circulation on Friday, October 28, 2022. Copies of the Public Hearing Notice were also mailed to property owners and occupants within a 300-foot radius of the subject property.

FISCAL IMPACTS:

Fiscal impacts are anticipated to be negligible. As noted, the project consists of a minor interior renovation and associated parking expansion with carports. The project is an infill project located in an established neighborhood where City infrastructure and services are already provided. The project developer will install public street frontage improvements as specified by the City Engineer.

ATTACHMENTS:

1. Resolution No. 2022-97, including CEQA Notice of Exemption (Exhibit 1), Approval Findings (Exhibit 2), and Conditions of Approval (Exhibit 3).

2. Aerial Vicinity Map

3. Excerpts from Government Code 65915

4. Driveway Curb Specifications

5. Project Plans

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RESOLUTION NO. 2022-97

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

A NOTICE OF EXEMPTION (FROM CEQA), A CONDITIONAL USE PERMIT AND A DESIGN REVIEW TO ALLOW A 27-UNIT HIGH-DENSITY APARTMENT PROJECT ON A 0.70-ACRE PROPERTY AT 823-829 GUADALUPE STREET IN THE CITY OF GUADALUPE, APN 115-112-003 WHEREAS, Mr. Patrick Kimbell, representing Otay Properties, LLC (the Applicant) submitted an application for a Conditional Use Permit and a Design Review to allow the 823 Guadalupe Street Apartment project, a high-density residential development consisting of 27 apartment units on a

0.70-acre property; and
WHEREAS, the property is located in the G-C (General Commercial) zoning district within the boundaries of the City’s Downtown Central Business District; and WHEREAS, Municipal Code Section 18.36.030(A) specifies conditional use permit approval is required to allow a multi-family residential development in the G-C (General Commercial) zone; and Municipal Code Section 18.73.010(A) requires a Design Review approval for apartment projects in the City’s Central Business District; and
WHEREAS, the project is proposed pursuant to Government Code 65915, as amended; which permits certain high density residential development proposals that exceed the maximum allowable densities established by a local government’s General Plan; and provides for development incentives and concessions to waive or modify certain local development standards: and
WHEREAS, pursuant to Government Code Section 65915, and its applicable subsections the applicant has proposed to provide three apartments for very low-income households in exchange for a project consisting of 27 total units at a residential density of 38.6 units per acre and a reduction in parking and setback standards; and
WHEREAS, the application was analyzed for conformance to Government Code Section 65915 and deemed complete for processing on August 28, 2022; and furthermore, staff has analyzed the project for consistency with applicable Goals and Policies of the 2002 General Plan as well as applicable sections of the Guadalupe Zoning Ordinance; and WHEREAS, the City Council held a duly-noticed public hearing on November 8, 2022, at which time all interested persons were given the opportunity to be heard; and WHEREAS, notice of said hearing was published in the Santa Maria Times at least 10 days prior to the public hearing and was mailed to all property owners within 300 feet of said property; and WHEREAS, after taking public testimony and hearing evidence from City staff, the City Council finds, pursuant to the Notice of Exemption, Exhibit 1, Findings Exhibit 2 and subject to the project’s Conditions of Approval Exhibit 3, all attached to this resolution, that the approval of the ATTACHMENT 1

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Design Review Permit, is consistent with the City’s General Plan, applicable Articles of the City’s Municipal Code, and including findings pursuant to the California Environmental Quality Act; and WHEREAS, the City Council has considered the entire administrative record, including application materials, staff report, the California Environmental Quality Act Notice of Exemption, and oral and written testimony from interested persons.

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

SECTION 1: The City Council hereby approves the Notice of Exemption (Exhibit 1), Conditional Use Permit 2022-027-CUP and Design Review 2022-030-DR (with conditions) to allow construction of 27 apartments (including three apartments for very low-income households) on property located at 823-829 Guadalupe Street, APN 115-112-003.

SECTION 3. The City Clerk shall certify as to the adoption of this Resolution.

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. 2022-97, 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

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APPROVED AS TO FORM:
_____________________________
Philip Sinco, City Attorney

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Notice of Exemption Exhibit 1
To: County Clerk From: City of Guadalupe
County of Santa Barbara 918 Obispo Street
E. Anapamu Street Guadalupe, CA 93434
Santa Barbara, CA 93101
Project Title: 823 Guadalupe Street
Project Applicant: Patrick Kimbell
Project Location-Specific: 823-829 Guadalupe Street, Guadalupe, CA 93434 Project Location-City: Guadalupe Project Location-County: Santa Barbara County Description of Nature, Purpose, and Beneficiaries of Project:

The project is proposed in accordance with Government Code Section 65915 (Density Bonus Law) and includes a Conditional Use Permit and a Design Review Permit, to construct a new three-story 24-unit apartment building on the rear portion of a 0.70-acre site; and renovation of the upper floor of an existing two-story mixed-use building at the front of the property. The second-floor renovation would establish three apartments for very low-income households. The ground-floor would continue to contain established retail commercial uses. The project is anticipated to benefit future residents by providing housing opportunities in close proximity to goods, services, and transportation facilities in the City’s Downtown Core; and the project is anticipated to provide incremental support to the City’s Downtown by increasing market demand in the City’s Downtown. The infill project on a small partially developed site meets all requirements of the Class 32 CEQA Exemption.

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

This proposed project is located in an urbanized area on as site less than one acre in size, where all municipal services, facilities and infrastructure are already in place and no habitat for rare or endangered plants or animals are known to exist. Furthermore, the project will add twenty-four market-rate apartments and three affordable apartment units in close proximity (less than ½ mile) from the Amtrack multimodal rail and bus transfer station at 330 Guadalupe Street. Thus, the project is consistent with state directives, and regional objectives to increase the housing supply in proximity to alternative transit modes to improve air quality and reduce greenhouse emissions. After reviewing this minor project completely, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Therefore the activity is not subject to CEQA.

Contact Person: Bill Scott (Area Code) Phone Number/Ext: (805) 478-4778 Signature: Title: Contract City Planner
Date received for filing at County Clerk’s Office: ________________ (Form prepared March 2018)

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EXHIBIT 2, FINDINGS FOR APPROVAL
823 GUADALUPE APARTMENTS CONDITIONAL USE PERMIT AND DESIGN REVIEW 2022-027-CUP AND 2022-030-DR

1.0 CEQA Findings

1.1 CONSIDERATION OF THE CATEGORICAL EXEMPTION AND FULL

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

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

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

2.0 Administrative Findings

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

The project is proposed pursuant to state Government Code Section 65915 (Density Bonus Law) at a density of 38.6 dwelling units per acre. Therefore, the project exceeds the City’s stated General Plan maximum density of 20 units per acre. Furthermore, pursuant to Government Code Section 65915, the project has proposed a parking reduction to allow a total of 27 off-street parking spaces. Twenty-seven fewer than the fifty-four parking spaces that would typically be required by the City’s parking standard for multi-family development proposals.

Thus, under Government Code 65915 the project is in conformance with applicable provisions of state law. All other components of the project are found to be consistent with the policies of the City’s General Plan. Consistent with General Plan objectives, the project will add twenty-four market-rate apartments and three affordable apartment units within the City’s Downtown Core. Therefore, the project is anticipated to support

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General Plan objectives to place residences in close proximity to Downtown stores, shops, and restaurants and thereby increasing the market demand for the City’s Downtown business community. Furthermore, the project places residential opportunities in close proximity to available public transit facilities to encourage usage of alternative modes of transit. Moreover, the development will utilize the vacant and underutilized portion of an infill property within the existing urbanized City where municipal services, facilities and infrastructure are already in place. Thus, the project would support the environmental sustainability objectives of the City’s General Plan.

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

Given the off-street parking provided by the project will be substantially less that is prescribed by the City’s parking standard, some on-street parking impacts can be anticipated. However, the reduced parking standard is provided in accordance with state density bonus law and with the intent is to increase housing opportunities while encouraging use of alternative transportation modes.

In this case, three streets would potentially absorb any potential parking “spillover.” Those streets are Pioneer Street, Eighth Street, and Guadalupe Street. Given the abutting segment of Pioneer Street and the nearby segment of Eighth Street are local streets where on street parking is permitted and a substantial portion of the surrounding land uses are agricultural or other low intensity land uses. Potential parking impacts should be minimized. Other project components will meet applicable zoning and building and safety codes. Therefore, the overall project is not anticipated to be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the City.

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

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

The project site is in an urbanized area characterized primarily by a mixture of commercial uses along Guadalupe Street and residential uses behind the commercial uses. The front of site is currently developed with a two-story mixed-use building containing ground floor commercial uses with the second floor established for residential uses. The new building would not exceed thirtyfive feet in height within the 50-foot maximum allowable height limitations as established by the zoning code for the property. As such, the proposed project would be consistent with the existing visual character and scale of the buildings proposed in the G-C zoning district in the City’s

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Downtown Core. The project would be considered an extension of the surrounding urban landscape.

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

The proposed project would increase the total number of residential units over what would be typically allowed under the maximum allowable General Plan land use density. However, the new three-story building would not exceed thirty-five feet height, which is substantially less than 50- foot height allowed by the G-C (General Commercial) zoning district. Therefore, the overall scale of the building is consistent with the buildings in the project vicinity. Worn and broken window frames, trim and other weathered portions of the existing building would be refurbished as a part of the project.

The proposed project includes landscaping treatments within and surrounding the perimeter of the project site, including but not limited to fruitless olive trees, crepe myrtle and coffee berry and toyon shrubs. manzanita bushes, coffee berry bushes and parking lot shade trees. The landscaping treatment would serve to soften the building mass on the north and west sides and screen the parking lot on the south side of the project site. Therefore, the project would be consistent with the surrounding neighborhood.

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

The new apartment building exhibits a Spanish Mission architectural style. Building mass is broken up into four parts separated by stairwells and balconies. Pitched Spanish tile roofs are provided over balcony and porch areas. The three-story building would not exceed thirty-five feet in height consistent with the existing visual character and scale of the residential dwellings and commercial buildings in the vicinity. All buildings would include symmetrical window patterns and balconies utilizing natural earth tone colors and materials that would blend with the surrounding area and the proposed landscaping.

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

The water, drainage, and electrical improvements will be underground and thus will not be visible from the adjacent public roadways or adjacent residential neighborhood. Additionally, the proposed project includes landscaping treatments within and surrounding the perimeter of the project would serve to screen the residential structures east and west of the site.

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

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

F. The grading will be appropriate to the site.

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There is very minor grading required to properly redevelop the property. The project would meet Project Clean water stormwater control standards. Therefore, all grading will be appropriate for the site.

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

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

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

This project site is in an urbanized areas and does not contain any significant public scenic views.

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

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

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

No additional design standards were required by the City Council.

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

The closest residential uses would be approximately fifty feet from the new building on the north.

A commercial parking lot and Eighth Street are to the south; and agricultural fields are beyond Pioneer Street on the west. Therefore, no privacy impact to the neighboring properties would result. As such, the project respects the privacy of neighboring properties.

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

No new roadways are proposed or required. The project site is an infill site where roadways are already in place. Under the provisions of Government Code 65915 (Density Bonus Law), the project proponent has proposed a reduction in off-street parking. Thus, some degree of on-street parking “spillover” is anticipated. Given the
The project proposed roadway is consistent with the roadway designs contained in the Guadalupe Municipal Code, and on-street parking is permitted on the local streets.

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

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

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EXHIBIT 3

CONDITIONS OF APPROVAL
823 GUADALUPE STREET APARTMENTS CONDITIONAL USE PERMIT AND DESIGN REVIEW (2022-027-CUP AND 2022-030-DR)

GENERAL CONDITIONS

1. Project Description: The permittee shall comply with the project description, and the approved Plan Set entitled: 823 Guadalupe Street, Guadalupe California, (Attachment 3).

Any changes from the project description, or conditions may require a permit amendment as determined by the Planning Director. Contact the Planning Department prior to changing anything onsite or a change in use. The property shall be maintained, operated, sold, leased, or financed in compliance with this project description, the approved plan set and conditions of approval. This Project Description establishes the general use parameters for the multi-family development contained in two buildings in the G-C (General Commercial) zoning district, on the 0.70-acre property at 823-829 Guadalupe Street (APN 115-112-003). Under the provisions of Government Code 65915 the project consists of a high-density multi-family development consisting of twenty-seven apartment units contained in two buildings on the 0.70-acre property.

A new three-story apartment building would contain twenty-four one- and two-bedroom units. The upstairs portion of the existing two-story building at the Guadalupe Street front of the property will be renovated to contain three affordable apartments for very lowincome households. Two of the affordable units would be three-bedroom units and one apartment would be a four-bedroom unit. The ground floor would continue to remain as commercial space. The project proposes a total of twenty-seven parking spaces. As provided by density bonus law, all of the parking spaces would be uncovered. The angled parking spaces are accessed by a 16-foot-wide one-way driveway which is accessed from Guadalupe Street on the east side and is exited on Pioneer Street on the west side.

Approximately 11.5 percent of the site will be covered in landscaping. Minor grading will be required to prepare the site for construction. The project will implement a stormwater control plan in accordance with SB County Project Clean water standards. Each groundfloor unit ranging from a minimum of 136 square-feet to 212 square-feet.

The building exhibits a Spanish Mission style architecture. The new building will reach a maximum height of 35 feet, as allowed for the R-3 zoning district. Deviations from this project description or the approved plan set may require amendments to the permit, including additional CEQA review. Deviations without the above-described approval will constitute a violation of the permit approval.

2. The Applicant agrees, as a condition of approval of this resolution, to indemnify, defend and hold harmless, at Applicant’s expense, City and City’s agents, officers, and employees from and against any claim, action or proceeding to attack, review, set aside, void or annul

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the approval of this permit or to determine the reasonableness, legality or validity of any condition attach hereto. City shall promptly notify Applicant of any such claim, action or proceeding to which City receives notice, and City will cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City for any court costs and attorney’s fees that the City may be required to pay as a result of any such claim, action or proceeding. City may, in its sole discretion, participate in the defense of any such claim, action or proceeding, but such participation shall not relieve Applicant of the obligation of this condition. Applicant’s acceptance of this permit approval or commencement of construction or operations under the approval shall be deemed to be acceptance of all conditions of approval.

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

CITY ENGINEER CONDITIONS
All of the following conditions shall be completed to the satisfaction of the City Engineer prior to issuance of Certificate of Occupancy, unless otherwise stated herein.

Drawings/Administrative

4. County assessor parcel map indicates APN 115 – 112 – 003 address is 823 Guadalupe St.

Correct address on all drawings before resubmittal.

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

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

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

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

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

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

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

Bonding

11. The applicant shall provide an engineer’s estimate for all work included on the public improvement plans, and enter into an agreement with the City, subject to the City's approval. If approved by the City, bonds or other forms of securities shall be submitted as a guarantee for the construction of infrastructure improvements before the issuance of building permits.

Dedication

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

Applicant agrees to dedicate Public Works improvements to the City.

Infrastructure improvements

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

14. The developer shall obtain an encroachment permit from the Building/Planning Department prior to any work in public streets, right-of-way, or easements.

Storm

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

16. Stormwater control plans are required for all projects with new and replaced impervious surface greater than 2,500 ft.²

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

18. Submit an Erosion and Drainage Control Plan to the City Engineer for review and approval prior to construction. The plan shall reflect “Best Management Practices” as proposed in

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the California Regional Water Quality Control Board Erosion and Sediment Control Field Manual and shall include both temporary measures (to be used during construction, and until permanent measures are completed/established) and permanent measures.

Erosion control measures shall be in place and approved by the City before the start of construction. The plan shall include both source control and perimeter containment measures. All Drainage and Erosion Control Measures shall be designed and sized by a qualified professional.

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

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

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

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

Solid waste

23. Provide a solid waste enclosure constructed and placed to the satisfaction of the City Engineer
Street/sidewalk

24. Applicant shall repair cracked or broken curb, gutter, driveway, and sidewalk along project frontage on Guadalupe Street. Public Works staff will determine the extent of the sidewalk, driveway, and curb and gutter repair in the field prior to construction.

25. Install new sidewalk, curb, and gutter are required along Pioneer Street from the northwest corner of the property to the existing sidewalk at the corner of 8th and Pioneer Street.

26. Upgrade curb ramp at the northeast corner of 8th and Pioneer Street to current ADA standards.

27. Provide a landscape and irrigation plan for the parkway on Pioneer Street.

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PLANNING DEPARTMENT CONDITIONS

28. Density Bonus Agreement. Prior to issuance of a building permit, the applicant shall enter into a Density Bonus Agreement with the City. The Density Bonus Agreement shall be established to the specifications set forth in Municipal Code Section 18.54.100, and to the satisfaction of the City Administrator or the City Administrator’s designee. The requirements of this condition shall be implemented to the satisfaction of the City prior to issuance of a building permit.

29. Exterior Remodel. Prior to the first occupancy of any apartment approved for either building under this conditional use permit and design review, the owner/operator shall complete exterior façade renovations to the existing two-story mixed-use building at the front of the property (823- 829 Guadalupe Street). The exterior improvements shall be completed to the satisfaction of the Planning Director, or the Planning Director’s designee, and shall include but not be limited to window repair/replacement, trim refurbishing, cleaning, and painting as needed to restore the building exterior to an appearance that is presentable as representative of the Downtown Guadalupe Street location.

30. Driveway Design. A flat or rolled curb will be provided to the specifications of the City Engineer.

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

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

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

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

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

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

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

38. Landscaping. Prior to issuance of Zoning Clearance, the applicant shall submit a Final Landscape Plan for review and approval by the Planning Director, or the Planning Director’s designee(s). Prior to the first occupancy clearance, the project shall have all landscaping planted.
a) Landscaping shall be installed and maintained per the City-approved landscape and irrigation plan and maintained for the life of the project. b) The type, size, density and configuration of new plants shall be selected to maximize successful establishment and growth to achieve this landscaping objective within a reasonable period of time after installation. c) Final landscape and irrigation plans shall be submitted by the Applicant to the City for review and approval prior to Issuance of Zoning Clearance. d) All landscaping and irrigation shall be completed and installed prior to the first Occupancy Clearance of the first apartment unit. Plant locations may be adjusted in the field (as directed by Planning staff) to achieve landscaping objectives. e) The applicant shall contact City Planning staff at least 48 hours prior to request for occupancy clearance in order to verify that landscaping and irrigation has been installed according to the approved plans. Failure to comply with the requirement could jeopardize issuance of the occupancy clearance.
f) Additional shrubs may be required to the satisfaction of the Planning Director or the Planning Director’s designee, prior to a building permit approval.

39. Additional Permits Required. The use and/or construction of any structures or improvements authorized by this approval shall not commence until all necessary

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Guadalupe City CouncilNovember 8, 2022

Guadalupe City Council
November 8, 2022