Agenda packet — Guadalupe City Council, November 22, 2022 (part 1 of 2)

November 22, 2022 City of Guadalupe Council Meeting Agenda Page 1 of 5 City of Guadalupe
AGENDA
Regular Meeting of the Guadalupe City Council
Tuesday, November 22, 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 22, 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 22, 2022 City of Guadalupe Council Meeting Agenda Page 2 of 5

2. PLEDGE OF ALLEGIANCE

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

4. CEREMONIAL CALENDAR
• Proclamation – Antonio “Tony” Ramirez, Council Member • Microenterprise Recipient Recognition

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 November 14, 2022.

C. Approve the Minutes of the City Council regular meeting of October 25, 2022.

D. Approve the Minutes of the City Council regular meeting of November 8, 2022.

E. Adopt Second Reading of Ordinance No. 2022-504, repealing Ordinance No. 2020-491, Title

15.04, adopting a new Chapter 4 of Title 15, adoption of State of California 2022 Building Standards Code.

F. Adopt Second Reading of Ordinance No. 2022-505, repealing Ordinance No. 2019-483 adopting a new Chapter 8 of Title 15, adoption of the State of California 2022 Fire Code.

G. Adopt Resolution No. 2022-101 approving budget amendment and time extension for design services for the Highway 1 and Pioneer Lift Station replacement projects and authorizing the Mayor to sign Amendment No. 2 to the agreement between the City and Michael K. Nunley and Associates.

November 22, 2022 City of Guadalupe Council Meeting Agenda Page 3 of 5 H. Approve the Amended Scope of Work and Budget for Subrecipient Agreement with Los Amigos de Guadalupe (LADG).

I. Adopt Resolution No. 2022-102 approving an “add service” amendment to the agreement with Andrew Goodwin Designs for architect and engineering work with respect to bidding and construction administration for the construction phase of the Royal Theater Renovation Project in an amount not to exceed $202,635.00.

J. MONTHLY REPORTS FROM DEPARTMENT HEADS

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

2. Human Resources report for October 2022

3. City Treasurer’s report for October 2022

4. Recreation and Parks report for October 2022

7. CITY ADMINISTRATOR REPORT: (Information Only)

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

PUBLIC HEARING

9. Continuation of a public hearing from October 25, 2022, to consider a Conditional Use Permit (2022-037-CUP) for Highway 1 General Auto Repair, an automotive repair shop with associated outdoor vehicle staging area on property in the M-C (Industrial Commercial) zoning district at 333 and 363 Guadalupe Street.

Written report: Bill Scott, City Planner
Recommendation: That the City Council:
a. Receive a presentation from staff; and
b. Conduct a public hearing, including 1) an opportunity for the applicant to present the proposed project, and 2) receive any comments from the public; and c. Adopt Resolution No. 2022-92 approving 2022-037 CUP, including CUP Findings, CEQA Class 32 Exemption and Conditions of Approval.

10. Adoption of the 2042 General Plan and approval of the Mitigated Negative Declaration (SCH # 2022080492).

Written report: Larry Appel, Contract Planning Director Recommendation: That the City Council:
a. Receive a presentation from staff and EMC; and
b. Conduct a public hearing; and
November 22, 2022 City of Guadalupe Council Meeting Agenda Page 4 of 5 c. Adopt Resolution No. 2022-103 approving the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP); and
d. Adopt Resolution No. 2022-104 adopting the 2042 Guadalupe General Plan.

11. Public hearing to discuss Solid Waste Franchise Agreement.

Written report: Shannon Sweeney, Public Works Director/City Engineer Recommendation: That the City Council:
a. Receive presentation from staff and Waste Management; and b. Conduct the public hearing; and
c. Provide staff with direction on the next steps for the City’s solid waste franchise agreement.

REGULAR BUSINESS

12. Consider Impasse and the imposing of the City’s last, best, and final offer on the International Association of Firefighters Unit 4403 (IAFF) pursuant to Government Code Section 3505.7.

Written report: Todd Bodem, City Administrator
Recommendation: That the City Council:
a. Open the public hearing and receive public comments; and b. Receive a presentation from IAFF Unit 4403; and
c. Receive a presentation from City’s lead negotiator; and d. Closed the Public Hearing; and
e. Adopt Resolution No. 2022-105 to impose the City’s last, best, and final proposal on IAFF pursuant to Government Code Section 3505.7.

13. FUTURE AGENDA ITEMS

14. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS

15. 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 18th day of November 2022.
______________________________
Todd Bodem, City Administrator
Todd Bodem
November 22, 2022 City of Guadalupe Council Meeting Agenda Page 5 of 5

PROPOSED FUTURE CITY COUNCIL AGENDA ITEMS
Council Meeting: Date and Subject Department Agenda Category Tuesday, December 13, 202, at 6:00 pm / Regular Meeting Guadalupe Bulldogs Football Team & Cheerleaders
Recognition
Ceremonial Calendar
Cancellation of the December 27th City Council Meeting Administration Dept. Consent Calendar October 2022 Financial Report Finance Department Consent Calendar Wastewater Consulting Services – Contract Award Public Works Dept. Consent Calendar Elevated Tank Cell Agreement Review – Contract Award Public Works Dept. Consent Calendar ADU Ordinance Update Planning Department Public Hearing Certification of November 8, 2022, General Municipal
Election
Administration Dept. Regular Business
Appointment of an eligible City resident to fulfill the remainder of Tony Ramirez’ Term
Administration Dept. Regular Business
Appointment of Councilmembers to various boards and
committees
Administration Dept. Regular Business
Veterans Street Naming Regular Business
Transit Update Public Works Dept. Regular Business
Tuesday, January 10, 2022, at 6:00 pm / Regular Meeting Central Park Conceptual Design Selection Public Works Dept. Public Hearing Clean California Grant Update Public Works Dept. Consent Calendar Tuesday, January 24, 2022, at 6:00 pm / Regular Meeting Other Unscheduled Items Proposed
Date of Item
Department Agenda Category
Tree Ordinance Public Works New Business
Sidewalk Vending Ordinance Planning Department New Business Vacant Property Ordinance Administration Dept New Business Food Truck and Special Event Ordinance Planning Dept New Business Gift Policy City Attorney New Business
Recognizing Food Distribution Volunteers Ceremonial Calendar Benefit for Unrepresented Employees Human Resources New Business Al’s Union Property New Business
Rent Stabilization New Business
Little House by the Park Presentation – 2022
Update (Sam Duarte)
2/28/2022
Agenda Item No. 4
/S/
Prepared by:

Agenda Item No. 6B

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of November 22, 2022
Reviewed by: Approved by:

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

RECOMMENDATION:

Payment of warrants for the period ending November 14, 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 23, 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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37 October 25, 2022 City of Guadalupe Council Meeting Minutes Page 1 of 12

MINUTES
City of Guadalupe
Regular Meeting of the Guadalupe City Council
Tuesday, October 25, 2022, at 6:00 pm
City Hall, 918 Obispo Street, Council Chambers

1. ROLL CALL:

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

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

2. PLEDGE OF ALLEGIANCE

3. AGENDA REVIEW
There were no changes to the agenda.

4. CEREMONIAL CALENDAR
• Certificate of Completion – Public Safety Intern Program o Gabriel Matsuura
o Eric Vera
o Luis Ramos Jr.
• Certificate of Appreciation
o Engineer Jacob Nuno
Chief Cash briefly explained that the Public Safety Intern Program turned into a “Fire” program.

Captains Schmitz and Mack developed the program. It started like the Explorers Program for Guadalupe’s youth. This was a 6-month program…what a first-year firefighter has to go through, except the Fire Academy. Chief said, “These young men have a step ahead of those going to the Academy. Then they can come home and serve the community. Certificates of Completion were handed out to Luis Ramos, Jr. and Eric Vera. (Gabe Matsuura, who was not present at the meeting, also was given a Certificate of Completion.) Fire Engineer Jacob Nuno, who was the primary person overseeing this program, was given a Certificate of Appreciation by Chief Cash.

Agenda Item No. 6C
October 25, 2022 City of Guadalupe Council Meeting Minutes Page 2 of 12 Luis Ramos, Jr. reflected on his time as an intern. He said, “Things were hard. We were introduced to what firefighters to. It was nothing short of amazing…the skills learned…being taught by the Guadalupe firefighters who are all professionals. There were three (3) benefits from this intern program: first was hands-on training; second was going on medical calls and the third was community outreach. Thank you to the City Council and Mayor for this opportunity…to the Chief and all the firefighters, teachers and mentors.”
Mayor Julian said, “There was a third intern, Gabe Matsuura.” Chief Cash said, “He was the first one…the guinea pig for this program. There’s no other program in the County that prepares them like this. Thank you to the Fire Department.” The mayor added, “The Fire Department, and Public Safety, in general, are always helpful and ready to participate. Thank you.”

5. COMMUNITY PARTICIPATION FORUM
There were no requests to speak.

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 17, 2022.

C. Approve the Minutes of the City Council regular meeting of October 11, 2022.

D. Adopt Resolution No. 2022-91 authorizing the Mayor to execute a contract with Kinyon Construction for the City Hall Painting Project.

E. MONTHLY REPORTS FROM DEPARTMENT HEADS

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

2. City Treasurer’s report for September 2022

3. Human Resources report for September 2022

4. Recreation and Parks report for September 2022
There were no items pulled. Motion was made by Council Member Cardenas and seconded by Council Member Costa, Jr. to approve the Consent Calendar. 5-0 Motion passed.

October 25, 2022 City of Guadalupe Council Meeting Minutes Page 3 of 12

7. CITY ADMINISTRATOR REPORT: (Information Only)
Todd Bodem did mention that two weeks ago, the movie, “Breaking Through” began filming. An invoice was sent for reimbursement for City rental fees, staff time, etc. in the amount of $4,764.56.”

8. DIRECTOR OF PUBLIC SAFETY REPORT: (Information Only) There were two (2) recent drunk driving incidents on Main Street. One car hit the wall at the cemetery. Car that was pursued went to Santa Maria. The vehicle was found, and the owner was identified. The other was a car speeding on Main Street to Bonita. The Santa Maria PD and CHP helped. The car was driving through the field. The Sheriff’s department also helped. “Debbie”, a 2.5-year-old lab is a facility dog with the PD… therapy type dog that helps first responders who have been through traumatic events. The dog has been trained on 67 different things in the two (2) years of training. “Debbie can go out to calls of trauma, assist and divert attention. Kids love her. We’ll take to schools and show the kids. Mayor Julian asked, “Where does she stay?” Chief said that he has “Debbie” 24/7…stays with Chief.

PUBLIC HEARING

9. Public hearing to consider a Conditional Use Permit (2022-037-CUP) for Hwy 1 General Auto Repair, an automotive repair shop with associated outdoor vehicle staging area on property in the M-C (Industrial Commercial) zoning district at 333 and 363 Guadalupe Street.

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. 2022-92 approving 2022-037 CUP, including CUP Finding, CEQA Class 32 Exemption and Conditions of Approval.

Mr. Bill Scott presented a brief background on the topic. The project site extends across the rear portion of two adjoining properties at 333 and 363 Guadalupe Street. The applicant moved into an existing garage and started a business without City permits and a City business license. The garage is in the back portion of a larger building identified as the ‘Andres Realty Reserve and Creamery Building’. The building is located on the property at 333 Guadalupe Street. A twenty-foot-wide alley abuts the west side of the garage and vehicle storage area. A staging area and customer parking are located at the adjoining property to the north at 363 Guadalupe Street. The backyards of singlefamily homes are beyond the alley to the west. An outdoor area is used to temporarily place the vehicles in line to be serviced. Mr. Scott then showed aerial photos the specific site as well as the October 25, 2022 City of Guadalupe Council Meeting Minutes Page 4 of 12 auto repair shop. A rear shot of the shop and general vicinity showed a barbed wire fence with razor wire on top. There are 3-4 bays in the outside area to have cars remain for pick up.

Public hearing opened at 6:24 p.m.

Requests to speak on this item:

Mr. George Alvarez had requested to speak on this item but was not present at the time this item came up.

There is a letter in support of Item #9 which is posted on the City’s website.

Mr. Stewart Jenkins spoke saying, “The applicant is Mr. Carrillo he applicant, wants relief on the razor wire. The fence has been low but now wants it higher.” Mr. Jenkins continued saying, “On behalf of the owner, we are appealing not to require striking the razor wire. It’s there to prevent theft and vandalism. The razor wire is not practically viewed from homes…it’s not distracting.” Mr.

Jenkins showed the view from backyard and windows of the alley…limited distraction and doesn’t affect the residents’ views. He said that the razor wire was put up in 1976 when the fence was permitted and can’t be seen from Guadalupe Street. He further stated, “Mr. Carrillo, the applicant, was concerned that customers will get cars vandalized. Andres Realty has made significant improvements to the old Golden State Creamery building. We’re making progress by making venerable buildings useful again. I request approval of the CUP and that Condition 6., removal of the razor wire be struck.”
CM Ramirez asked about plans for safety precautions in the area. Mr. Jenkins said that the area by the fence, where cars are parked to take into the shop, is a blind alley and very dark. The whole idea is to deter people. He said that they will tighten up barbed wire and that the posts are in good shape.

CM Ramirez asked for public safety’s opinion on increased traffic, access for emergency vehicles, etc.

Chief Cash said, “From PD’s standpoint, the situation hasn’t been reviewed yet. I’d want to take a look at security to see if it’s sufficient.” Mr. Jenkins added that Fire and PD will have access and that improvements are ongoing with safety improvements.

There was more discussion between the Council and Mr. Jenkins relating to the razor wire, other types of fencing, slats, landscaping, etc. Mr. Jenkins said, “This is a blind alley. There’s no parking on the alley…no drag racing. A 250 ft. long fence has been used for parking, materials, etc. The razor wire can be made tighter.”
Mr. Scott interjected, “We work well with Mr. Jenkins. The fence was approved in 1976, no razor wire. When reading the Municipal Code, no properties have wire or barbed wire. We believe there’s a balance. This project is not detrimental to neighbors. There are stringent standards – razor wire should be removed. We should have reviewed the fence but decided not to. Gave a little because of October 25, 2022 City of Guadalupe Council Meeting Minutes Page 5 of 12 the car repair business. Guadalupe Hardware wants to keep the razor wire. Tenants feel better with the razor wire. We need a longer period of 90 days if we have to remove the razor wire. And we need to hire someone skilled to do that…labor costs are high.” CM Costa said, “Barbed wire is okay but not razor wire. Other mechanic shops don’t have fence, razor wire and there’s no problem.” Mayor Julian asked, “How do you start a business without a business license? That shouldn’t have happened but it’s being corrected now. The slide showed doesn’t have cars but now will be full of cars. Go down 5th Street to 2nd Street, fences have slats. (Mayor asked Chief if there any instances of burglary/theft and the Chief said “No”.) The fence is pretty shabby. Also, an ADU going in the back. I wouldn’t want to see car repair, oil, cars jacked up. It’s visible to the residents. I don’t like razor wire…prefer slats. People use that area.”
The question of the definitions of long-term and short-term vehicle storage came up. Mr. Scott said, “According to the Municipal Code, CUP for auto repair can have short-term auto repair. Storage – any material stored longer term – stays for months/years.” Mayor Julian then said, “My concern is the fence. The razor wire needs to go. I don’t even like barbed wire.” Mr. Scott said, “The fence doesn’t meet the Municipal Code. We tried to be reasonable here…tried to compromise. It’s not a permitted use. We tried to be kinder and gentler with business.

There are safety hazards. They’ve been allowed to stay open since May. We tried to do what was best for the business and neighborhood. The Building Official wanted an architect. We want to support small businesses.”
Public hearing closed at 7:00 p.m.

CM Robles said, “I’ve known Arturo (the applicant). He ran a reputable shop on the Mesa. Good reputation.” CM Ramirez reiterated the need for public safety to go out to property and evaluate the fence. He requested that the item be deferred until Public Safety can review for safety measures.

Mr. Jenkins said that the building has been there for decades and that the building is structurally safe.

Mayor Julian cited Municipal Code 1852.122 regarding a fence requirement. He said, “You’re trying to work with the Municipal code and the business. I’d like to have Chief look at the barbed wire fence and the razor wire and postpone the item until the next meeting.” City Attorney Sinco asked, “What do you want Public Safety to do?” CM Ramirez said, “Make a recommendation. Public nuisance…more than 5% in disrepair, etc.” City Attorney said, “Do an overall alley assessment for potential public nuisance.”
The discussion then turned to overall alley assessment, potential public nuisance, hazardous waste, etc. The applicant was asked if there have been any attempted break-ins and there haven’t been any. Fire Captain Schmitz was present at the meeting and said that there has been no specific business inspection to date.

October 25, 2022 City of Guadalupe Council Meeting Minutes Page 6 of 12 CM Costa, Jr. then said, “There are things that need to be done in phases…then I’d give an ‘ok’ for the CUP.” Mayor Julian then asked what Council now wanted to do as he felt the need to postpone to the next meeting on November 8th. Motion was made by Council Member Ramirez and seconded by Council Member Costa, Jr. to table the discussion of the public hearing on Resolution No. 2023-92 to the November 8, 2022 City Council meeting. 5-0 Motion passed.

10. Public hearing to consider a Conditional Use Permit (2022-034-CUP), for Central Coast Processing, LLC to allow a cannabis distribution, cultivation-processing, and manufacturing facility at 151 Obispo Street (Assessor’s Parcel Number 115-210-024).

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. 2022-93 approving Conditional Use Permit 2022-034-CUP, including CUP Finding, CEQA Class 1 Exemption, and Conditions of Approval.

The applicant, Central Coast Processing, LLC, is requesting the City Council to approve a conditional use permit (CUP) to allow a cannabis distribution, cultivation-processing, and manufacturing operation in an existing building at 151 Obispo Street. This 6.20-acre property is located in the G-I (General Industrial) zoning district. The Municipal Code requires a conditional use permit review and approval for a commercial cannabis business involving the distribution, manufacturing, or processing of cannabis products in the G-I zone.

An aerial site and vicinity shot showed that on the north and west sides of the property is the corporate campus of Taylor Farms, a produce processing and distribution company. On the east side, across Obispo Street, is a residential area. Highway 166 (Main Street) is to the south and Highway 1 is to the west of the property. The facility operations will operate under three licenses as follows: 1) Distribution – move cannabis and cannabis products between cultivation and manufacturing locations; storage; and movement to retail locations; 2) Cultivation-Processing – drying, trimming and bulk bagging, and 3) Manufacturing – use of non-volatile methods to extract concentrates and cannabis packaging for retail sales.

There was discussion on neighborhood compatibility, security, regulatory compliance, odor control and noise abatement. Traffic and circulation were also discussed in some detail. There are currently six (6) driveways on Obispo of which only four (4) will be used. It was pointed out that there will be fewer vehicle trips than the prior company and fewer truck deliveries. Measures to encourage bus and alternative transit methods will be implemented. Also, a truck access route for the neighboring industrial business will be provided. It was stated that the amount of traffic will be negligible on October 25, 2022 City of Guadalupe Council Meeting Minutes Page 7 of 12 Obispo Street. Sixty (60) parking spaces will be provided. There is an existing fence with barbed wire, no razor wire.

There were 83 conditions of approval cited. Mr. Scott provided a handout on a proposed revision to Condition #42. This proposed revision involved a clarification of language involving a lot line adjustment between the 151 Obispo Street property and the adjoining Taylor Farms Retails Inc.’s property. This project is exempt from CEQA review as it is the re-use and operation of an existing facility (CEQA Section 15301).

Mr. Scott summarized by saying that the project meets both the Municipal Code relating to the cannabis ordinance and the Zoning Ordinance. The operations will comply with all applicable state licensing requirements for operations. The project supports the General Plan objectives to re-use existing and underutilized infill property where City services are already in place.

Ms. Jillian Collins, from Central Coast Processing , LLC, continued with the presentation. She showed a chart of milestones with October 2022 having two (2) milestones, CUP approval and the start of construction. She went into more detail regarding the company’s proposed traffic circulation and security plan, odor mitigation, and landscape screening plan. For the security plan, she explained that fencing is state required; there will be outdoor light and a guard shack (incoming/outgoing compliant).

Of the 83 conditions of approval, Ms. Collins spoke about Condition #26 which states, “Project requires a minimum 5-foot sidewalk along the Obispo Street frontage to facilitate use of public transit.” She is looking to not have a sidewalk as a condition of approval. There was a brief explanation of their employee plan with local hiring initiatives, proposed floor plan, inventory system tracking and the five (5) core goals of their Community Benefit and Investment Plan.

Mr. Scott Bruce gave a final presentation recapping the intent of the public hearing. He then went into more detail on the cannabis operations from bringing raw product to the loading dock area through to movement of bagged material to distribution areas. He briefly spoke about odor mitigation and their intent to keep as much inside the facility. He cited the Municipal Code section which says that no odor will be smelled on adjacent property or public right-of-way. Regarding security, he mentioned that there will be a full walk-through of the facility prior to occupancy. He reiterated that this project was evaluated by EMC Planning and qualifies for a CEQA Class 1 exemption.

Mr. Bruce gave a summary path to operation with the following: Conditional Use Permit approval; Building Permit; Community Benefit Agreement; Commercial Cannabis Business Permit, and Occupancy/Operations approved. The final approval will be by City staff. He emphasized that action tonight would move the process forward to a building permit.

Public hearing opened at 8:03 p.m. Public hearing closed at 8:04 p.m.

October 25, 2022 City of Guadalupe Council Meeting Minutes Page 8 of 12 Request to speak. Mr. Stewart Jenkins had requested to speak but was not present at the meeting at this time to do so.

The Council asked general questions about employees, state licensing, inspection of lots, tracking, and storage of product. CM Ramirez asked for input from Shannon Sweeney, Public Works Director.

Mr. Sweeney spoke about the CUP showing striking the bus stop and sidewalk. She explained about the current bus stops on Amber & Obispo Street which has the express route with no shelter as yet and the Obispo & Third Street, near the gas station, which is the Guadalupe local route. There was in-depth discussion about the need for the sidewalk, location of the sidewalk, etc. Mr. Scott said that there is a need to do a survey as there appears to be room for a sidewalk with a 5 ft. width. Mr.

Sean Hecht from the company said that the City would put in the sidewalk 100’ from their property to the bus stop. Ms. Collins said to complete the sidewalk when the City does.

Mayor Julian asked how all of this would be done. City Attorney Sinco said to revise Condition #26 with a time period to complete the sidewalk. The wording would show when the City is ready to do the sidewalk 100’ from the property, a trigger should be shown to notify the applicants (company).

City Attorney Sinco said the earliest would be to budget in June, time to plan. There would be reasonable notice, like six (6) months.

The discussion then turned to timing, cost and payment. Mr. Hecht suggested that for 500’ frontage, the cost could go up to $750,000 which he said was “not a light hurdle and was hesitant for that high cost”. City Attorney Sinco said that this could be added to the Community Benefits Plan…bring this issue back a year from now and it wouldn’t affect the manufacturer’s permit. Ms. Sweeney added, “For 500’ or 2,500 sq. ft., the cost would be around $62,500…round up to $100,000.” City Attorney Sinco then said, “December 2023, based on the $100,000 estimate.” Ms. Collins added, “Get site survey…get some bids. When we come back for Phase II, we’ll look at this…January 2024.” CM Ramirez said, “Phase I…employees working. Can we have some temporary safety mitigation to employees to take safe route. Maybe a carpool suggestion?” Ms. Julianne Hill from Taylor Farms spoke, “We have 43 years in this community. We’re working with new neighbors. There are trees by Hwy 166. A lot line adjustment will be needed. Chief Cash said, “This is the first time seeing the driveway usage. (He referenced a prior slide showing driveway usage showing main entrance and exit driveways and secondary driveways.) The slide also shows Taylor Farms access which is direct from Highway 166 (Main Street) to its receiving area. This usage could be problematic on Obispo Street. Suggestion: make a right turn only coming and not turn left onto Obispo Street. Traffic mitigation on Obispo Street…congestion at intersection.” Ms. Taylor said she agreed with Chief’s suggestions on traffic.

October 25, 2022 City of Guadalupe Council Meeting Minutes Page 9 of 12 There was then discussion regarding a requirement to replace the sewer main. Condition #18 was briefly discussed. When Ms. Sweeney said that additional alternatives were already cited in the Conditions of Approval, they seemed satisfied.

City Attorney Sinco said, “A minimum 5’ sidewalk would be built to City standards along Obispo Street, no later than by June 2024.” CM Ramirez added, “Agreeing to 18 months. For a safety plan, loop in public safety to look at schools during the 18 months.” Motion was made by Council Member Ramirez and seconded by Council Member Costa, Jr. to approve Resolution No. 2022-93 approving Conditional Use Permit 2022-034-CUP, including CUP Finding, CEQA Class 1 Exemption and Conditions of Approval with revisions to Condition No. 26 to state “Project requires a minimum 5-foot sidewalk built to City specifications along the Obispo Street frontage to facilities use of public transit no later than by June 30, 2024”, and to Condition No. 42 as requested by the applicant and distributed to the Council in writing at the meeting.

Roll Call: All Ayes 5-0 Motion passed.

REGULAR BUSINESS

11. New Job Description and Classification of Finance Clerk, regular, part-time position in the Finance Department.

Written report: Amelia M. Villegas, Interim HR Manager
Recommendation: That the City Council adopt Resolution No. 2022-94 approving the classification and job description for the regular, part-time Finance Clerk position in the Finance Department and authorizing staff to initiate recruitment.

Ms. Lorena Zarate, Finance Director, gave the background on this item. For the past 10 years, the Finance Department has had two (2) Accounts Clerks providing service to our residents and customers. This includes utility billings, receiving payments, accounts receivables, processing payments for business licenses, accounts payables, etc. Guadalupe’s population has increased over these 10 years resulting in an increase in residents requiring services. The number of vendors and consultants have also increased.

Having a part-time Finance Clerk, whose primary responsibility will be handling utility billing payments at the “counter”, will allow for the Account Clerks to handle other matters. More importantly, it will allow for a more focused attention on improved customer service. In addition, having this part-time employee will help to increase the “counter” hours of the Finance Department’s availability. For this fiscal year, funding for this position would come from Finance’s previously allocated ARPA funds and remaining unallocated ARPA funds. For FY 23/24, ongoing costs would need to be funded by the General Fund.

Questions from the Council centered on the need for additional help in Finance, sustainability, increased hours for the “counter”, and funding sources. Mr. Bodem said, “I fully support this new October 25, 2022 City of Guadalupe Council Meeting Minutes Page 10 of 12 part-time position for Finance. Customer service is a City goal. People come to City Hall to pay their bill, but they can’t because the “counter” is closed. Customer service is paramount. This new position will help to clear up and alleviate backlog in the future.

On the subject of increased “counter hours”, CM Costa, Jr. recommended the part-time employee hours be 11:00 a.m. to 5:00 p.m. Ms. Zarate responded, “Currently the “counter” is open Monday through Thursday, 8:30 a.m. to 4:00 p.m. We could look at possibly modifying the hours during the heavier times of the month to allow for later hours.”
Motion was made by Council Member Costa, Jr. and seconded by Council Member Ramirez to approve Resolution No. 2022-94. 5-0 Motion passed.

12. Transit Update.

Written report: Shannon Sweeney, Public Works Director/City Engineer Recommendation: That the City Council receive the report for information, general discussion, and input.

Ms. Sweeney stated that this item was not time sensitive and requested referring to the November 8, 2022 City Council meeting.

Motion was made by Council Member Costa, Jr. and seconded by Council Member Cardenas to continue Item #12. Transit Update and Item #13. Main Street/Obispo Intersection traffic issues to the November 8, 2022 City Council meeting. 5-0 Motion passed.

13. 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.

This item is being deferred to the November 8, 2022 City Council meeting, per Ms. Sweeney.

14. FUTURE AGENDA ITEMS
Shannon Sweeney: Items 12 & 13 as stated above for the November 8th meeting.

CM Cardenas: Micro-Enterprise Program – grant applications/grantees. For the Ceremonial Calendar, recognition of individuals who completed the program and received funding for the November 22nd meeting.

October 25, 2022 City of Guadalupe Council Meeting Minutes Page 11 of 12 CM Costa, Jr.: Review the ordinance on trailers parked on streets and the 72-hour restriction. There are boats, trailers and cars that don’t run that are parked on the streets. Chief Cash said, “72 hours is a state vehicle code. There’s nothing to say how far a vehicle has to be moved. I’ve checked with CHP. There’s no specific length that has to be moved.” City Attorney Sinco said he would present an item showing what the ordinance can and cannot do…then get direction from Council. No specific date given.

Todd Bodem: Boys & Girls MOU for the November 8th meeting.

Mayor Julian: Lompoc Council got a pay increase. We need to look at increasing the stipend. City Attorney Sinco recommended doing that now which would then take effect in December. Mayor added, “We need to look at the budget. Look to change for those coming on board.” City Attorney Sinco: With CM Ramirez’s resignation, Council needs to decide if a successor will be appointed or a special election – for the November 8th meeting.

15. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS
CM Ramirez: He tendered his resignation as City Council Member, stating that his last City Council meeting would be November 22, 2022. There are two (2) years left on his term. City Attorney Sinco said that with his resignation date, the City Council has 60 days from November 22, 2022 to appoint a successor or call for a special election.

He attended the Allan Hancock College Board meeting which was held at City Hall here in Guadalupe.

It was well attended, and the technology worked well. He said, “I want to thank Juana Escobar, Administrative Assistant, for all her help with this event.” CM Robles: Attended a special ceremony on Saturday, October 22nd, in Morro Bay. This was a rededication commemorating a Spanish galleon that landed in Morro Bay bringing the first Filipinos to this area. Also attending this ceremony was Morro Bay mayor, Mayor Julian and state legislators.

CM Costa, Jr.: This weekend, all four (4) Bulldog teams made the playoffs. Congratulations to the coaches and players. Also, the junior team was undefeated.

McKenzie 7th Grade Girls & Boys Basketball: Girls won at Vandenberg. Boys lost in overtime…lost with 3-point buzzer beater. There was a packed house. Next game on Thursday at Lompoc.

Mayor Julian: At SBCAG meeting, it was mentioned that all monies are going to the southland.

SBCAG needs to start paying attention to North County.

CHP has been giving tickets. Special permit is needed to drive a van for Cal Vans. The driver is not counted, which makes it 14, meaning a special license isn’t needed to drive a van.

October 25, 2022 City of Guadalupe Council Meeting Minutes Page 12 of 12

16. ADJOURNMENT TO CLOSED SESSION MEETING
The meeting was adjourned to closed session. Item to be discussed: Public Employment (Pursuant to government Code Section 54957(b)); Title: City Administrator.

Motion was made by Council Member Costa, Jr. and seconded by Council Member Cardenas to adjourn to closed session. 5-0 Motion passed. Meeting adjourned to closed session at 9:53 p.m.

CLOSED SESSION

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

Title: City Administrator

18. ADJOURNMENT TO OPEN SESSION MEETING
Motion was made by Council Member Costa, Jr. and seconded by Council Member Cardenas to adjourn to open session. 5-0 Motion passed. Meeting adjourned to open session at 10:08 p.m.

19. CLOSED SESSION ANNOUNCEMENTS
“No reportable action.”

20. ADJOURNMENT
Motion was made by Council Member Costa, Jr. and seconded by Council Member Robles to adjourn meeting. 5-0 Motion passed. Meeting adjourned at 10:09 p.m.

Prepared by: Approved by:
________________________________ ______________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
November 8, 2022 City of Guadalupe Council Meeting Minutes Page 1 of 18

MINUTES
City of Guadalupe
Regular Meeting of the Guadalupe City Council
Tuesday, November 8, 2022, at 6:00 pm
City Hall, 918 Obispo Street, Council Chambers

1. ROLL CALL:

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

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

2. PLEDGE OF ALLEGIANCE

3. AGENDA REVIEW
Mayor Julian requested to move two (2) items on the agenda: Item #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) and Item #11. Cosecha Guadalupe Farmers Market. Both items to go before Item #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.

4. PRESENTATIONS
• Santa Barbara County Broadband Strategic Plan Project Marjie Kirn, Executive Director of SBCAG, gave a brief introduction stating that SBCAG has been working with the City and the County for over a year to get better broadband for all. The City Council provided funding to their proposal and hired Santa Barbara County Broadband of Pacific Coast. The goal tonight is to present their strategy to the City Council. The PUC provided $500,000 to continue the project and another $500,000 was provided by the County for the EIR and implementation of the project.

Agenda Item No. 6D.

November 8, 2022 City of Guadalupe Council Meeting Minutes Page 2 of 18 Maria Kelly, member of the Broadband Consortium Team, continued the presentation saying that this is the fifth time presenting at our Council meetings. She talked about a regional and local approach and emphasized that they are still collecting speed data for Santa Barbara County. She went through a timeline of this project showing actions taken in early in January and February such as data collection and identifying and developing the stakeholder group. By mid-year, an analysis framework was developed, public outreach had occurred, and a strategy draft was developed, bringing the project to November with presentations and project wrap up.

Some time was spent discussing recommended local actions for Guadalupe. One area emphasized was identifying partnership opportunities to increase capacity and prioritize broadband planning.

Other actions discussed were assist in identifying residences and businesses that are unable to connect to internet service; support and foster partnerships to overcome community barriers; continue to partner with SBCAG on infrastructure planning and continue to meet with major providers to discuss public/private opportunities. Some regional actions were also recommended.

The presentation then involved the next steps. Some of those steps were to review and adopt strategy recommendations; identify staff as point of contact for SBCAG; prioritize policy recommendations, and have Council determine priorities. There were other steps discussed that went into first quarter 2023 such as determining feasibility of recommendations and developing priorities and approach. The City was encouraged to join JPA.

Mayor Julian said, “Every city hears what’s working. Can’t do this alone. Thank you for keeping us updated.”
At this point, Mr. Bodem introduced Teg Butler, the new Human Resources Manager. He recently came on board on October 31, 2022. Mr. Butler was present and said that he was pleased to be here.

5. COMMUNITY PARTICIPATION FORUM
There were no requests to speak on any item not on the agenda.

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.

November 8, 2022 City of Guadalupe Council Meeting Minutes Page 3 of 18 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
No items were pulled. Motion was made by Council Member Cardenas and seconded by Council Member Robles to approve the Consent Calendar. 5-0 Motion passed. Mr. Bodem then commented on Item #6.D. stating that there was a typo in the agreement for the Contract Planner.

City Attorney Sinco added that it is a one-year agreement ending December 2023, not December 2024.

7. CITY ADMINISTRATOR REPORT: (Information Only)
There was discussion for Central Park final design…move joint meeting (City Council & Recreation & Parks Commission) to January 24, 2023, meeting. Ms. Sweeney emphasized that the design consultant drew a GANT chart and there isn’t a lot of room to push off the conceptual design. She said , “If the joint meeting was scheduled for January 10, 2023, that leaves five (5) months ‘wiggle’ room for construction issues.” She presented various options with dates of the presentation going before Council whether a joint meeting was or was not held.

Mayor Julian said that input from the Recreation & Parks Commission was needed. Ms. Sweeney questioned if the Commission could meet before January 24th. A special meeting for the Commission would be needed. Then direction was given by the mayor to move forward without the Commission meeting but have the presentation given tentatively at the 12/13/22 Council meeting.

8. DIRECTOR OF PUBLIC SAFETY REPORT: (Information Only) Chief Cash said that there were two items from last City Council meeting:
• There was a request to review a fence issue at 333 Guadalupe Street. Fire Captain Schmitz did the inspection for Council’s review.

November 8, 2022 City of Guadalupe Council Meeting Minutes Page 4 of 18 • Utility trailers and non-motorized vehicles parked through-out the City. City Attorney Sinco said that there is a specific ordinance that gives the City the authority to move vehicles and can tag before 72 hours. Looking to do an operational plan throughout the City.

Mayor Julian asked if the request for a CUP on the auto repair shop would be coming back to another meeting. Item is to be scheduled for November 22nd meeting.

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.

An application was submitted for a Conditional Use Permit (CUP) and design review for a highdensity development project consisting of 27 apartment units on 0.7-acre property at 823-829 Guadalupe Street. The new three-story building will contain twenty-four apartments. The upstairs portion of the two-story building will be remodeled to add three (3) apartment units for very lowincome households. 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.

Mr. Scott briefly talked about “Density Bonus Law” which provides an increase in residential density over local government’s General Plan and/or zoning and allows certain concessions or incentives, such as parking reduction and setback reduction. Using the density bonus formula, a total of 29 apartment units could be allowed but the applicant is proposing twenty-seven apartment units.

There are three (3) incentives or concessions: 1) Setback reduction; 2) Parking reduction, and 3) No covered parking. There is higher density than normal with an increase of nine (9) apartments (3 for – very low-income household)s. With the setback reduction, there is no adverse safety impact – a 15-foot parkway will function as a yard. There will be some degree of on-street parking.

November 8, 2022 City of Guadalupe Council Meeting Minutes Page 5 of 18 A design review is required for any development in the Central business District fronting Guadalupe Street. The design will be Spanish mission style. The front building has some historical elements.

The façade needs to be fixed and the exterior renovated.

Mr. Scott stated that this project meets General Plan conformance. More residential units in the downtown area will increase market demand for downtown businesses. There’s efficient development with an underutilized and vacant infill property where City infrastructure and services are already in place. In addition, the City will be promoting density bonuses and incentives. For CEQA review, there is a Class 32 exemption.

Public Hearing opened at 7:57 p.m.

Mr. Lupe Alvarez spoke in support of the project. He did mention a parking situation. They own the property on the southside. With families there, he said there is a need for a 6-foot block wall. He can see people parking on his side. He did say that we need more housing.

There continued to be discussion on the need for a wall. Mr. Alvarez stated that he could see a block wall on both sides. There is a tin fence on one side now. Mayor Julian asked if there were plans for this. Mr. Scott, “No, not in the conditions. Code requires a 6-foot wall. We can put in as condition.

Would want on the north side but maybe not on the other side.” Mr. Thom Jess, project architect, then spoke. He said, “We have a good experience working with Bill Scott and staff. We want to have regulation for block wall on north side or southside. We’ll defer to what the staff wants. But preference is not to block.”
The discussion then turned to affordability of the apartment units. The mayor asked the State definition of “affordable” which he assumed depended on the size of the unit. Mr. Jass said, “For low-income, one-bedroom is $600 per month and two-bedroom is $900 per month. It’s tied to the median income.” The mayor asked if there were any plans to convert to H2A housing. Mr. Scott said, “The ground floor is commercial. The upstairs is residential. Just strictly apartments. No commitment for H2A housing.”
Public Hearing closed at 8:10 p.m.

Mr. Scott talked more about the walls saying, “Too many walls. Makes for a graffiti magnet. If the wall is done architecturally and maintained, it could be compatible with the main building. That would be okay.” Mr. Jess added, “Maybe collectively this can be worked out with something that’s fitting. How would the wall fit in? We can work something out.” There was then a discussion of a decorative fence.

City Attorney Sinco offered suggestions: 1) approve the project; 2) continue for a period of time, or 3) approve and come back with an amendment. CM Cardenas said for the property owners to make an agreement on their own regarding a fence.

November 8, 2022 City of Guadalupe Council Meeting Minutes Page 6 of 18 CM Robles said, “27 single parking spots. Where would overflow go?” (Pioneer Street.) Mr. Scott said to add to Condition #66 that applicant shall install a decorative rot iron fence with concrete base along southern side of property line and 6-foot masonry wall along property side on norther side.

Motion was made by Council Member Costa, Jr. and seconded by Council Member Ramirez to approve Resolution No. 2022-97 as amended. Ayes: 5 Nos: 0 5-0 Motion passed.

At this time, there was a short break at 8:25 p.m. The mayor called the meeting back to order at 8:34 p.m. at which point he changed the order of the remaining agenda.

The last item was Item #9. Public Hearing. The rearranged agenda items were then as follows:

Item #13. Ordinance No. 2022-504 – CA Building Code
Item #14. Ordinance No. 2022-505 – CA Fire Code
Item #16. Main Street/Obispo intersection traffic issues Item #15. Council Seat Vacancy
Item #12. Ordinance No. 2022-506 – Salary Increases for City Officials Item #17. Resolution No. 2022-98Reclassification of Business Manager Position and Finance Department Reorganization
Item #18. Resolution No. 2022-100 – New Employment Agreement between the City of Guadalupe and Todd Bodem as City Administrator

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).

Mr. Bodem gave a brief history on the Boys & Girls Clubs of Mid Central Coast (BGCMCC). Founded in 1966, BGMCC focuses on providing programs to the youth and teens who need them most.

BGCMCC programs are designed to achieve priority outcomes for lifetime success in three (3) main areas: Education, Character, and Health. About 37% of Guadalupe’s population is under 18 years of age.

Since 1998, BGMCC has provided sports leagues in the City-owned Le Roy Park facility. That building became unusable with signs of wear, mold development and structural problems. The City secured a grant that funded the newly remodeled Le Roy Park facility. The facility sits on a few acres and includes a building with amenities with a basketball court, restrooms, offices, meeting rooms…a true multi-purpose facility. BGCMCC has provided services to an average of 100 members/day of November 8, 2022 City of Guadalupe Council Meeting Minutes Page 7 of 18 Guadalupe youth and has been working over the past three (3) years with the City to come up with a plan for a continued collaboration in services to the community’s youth.

A committee was formed comprised of the BGCMCC, Recreation & Parks Commissioners Emily Dreiling and Robert Salinas, Mayor Julian, City Administrator Bodem and Recreation Services Manager Sanchez to look at partnering with BGCMCC again. The City determined that it could not run this large a program or as cost effectively as BGCMCC. Over the past 2.5 years, the city committee and the BGCMCC have worked on a lease agreement to partner in the planning execution programming for our youth in this facility.

The BGCMCC is not required to pay any rent to the City; however, the BGCMCC will pay for all utilities (estimated to between $9,000 - $10,000 per month). The BGCMCC will make various investments to the facility, estimated at approximately $60,000, to include network and wireless access points, computer network including internet access; surveillance, video and audio, motion sensing flood lights; security system with motion sensors, door and window sensors and a key safe containing copies of all keys for the building.

Section 7.2 of the lease agreement states BGCMCC’s maintenance obligations. Some points listed are to keep, maintain, and repair the facility, such as equipment and signs installed BY BGCMCC, floor and wall coverings, doors, lights fixtures, locks, fire extinguishers, furnishings, keep the premises free of pests and rodents, landscaping as defined in the agreement but not any portion of the park area, etc. A reserve maintenance fund is to be established to be used for these maintenance obligations.

The City’s maintenance obligations are to maintain the physical structure of the facility, roof, plumbing, water heating system, electrical systems, HVAC equipment, exterior painting, etc. Repairs caused by the negligence or willful misconduct of the BGCMCC or arising from its operations are not the responsibility of the City.

Mr. Bodem stated that although the City is not receiving rent from the BGCMCC, the committee felt that the lease agreement will meet certain criteria to ensure a mutually beneficial partnership of providing services to the community. The ‘value’ of services provided by the BGCMCC will exceed the fair market value of the rent for the property. Mayor Julian said, “This has been a long process.

A lot of back-and-forth negotiations. Discussions of staffing, costs, etc.” Mr. Michael Boyer, CEO of BGCMCC, and Roberto Rodriguez, Chief Operations & Accountability Officer of BGCMCC, then spoke. They acknowledged the lengthy process to get the lease agreement.

They said, “Over 100 kids can be served each day with various activities. We will run sports leagues.

There will be full-time staff. Hours will be 10:00 a.m. to 6:00 p.m., Monday thru Friday, and on Saturday, 9:00 a.m. to 1:00 p.m. Staff will be available if the facility is rented.

November 8, 2022 City of Guadalupe Council Meeting Minutes Page 8 of 18 CM Cardenas asked about the management of the building and especially how residents will know how to schedule/rent the building. Both Mr. Boyer and Mr. Rodriguez said that they’d provide a monthly report to Recreation Services Manager, Hannah Sanchez. There will be information put on their website about scheduling the building. The rental management will be based on how the City wants it to be…work as a partnership.

Further questions were asked about the rental process such as do renters come to the City or Le Roy Park; the rental fees go where; staff. Both Mr. Boyer and Mr. Rodriguez addressed these questions saying, “The B&G Club will be initial manager. Rental fees go to the City with a small fee for maintenance. It’s up to the City to show fees, etc. as it’s a City building. Staffing and custodial will be provided by B&G Club. The foundation has a maintenance fund.

As for staffing, Mr. Rodriguez explained, “There’s a 20 to 1 radio (kids to staff). 100 kids to 5 youth providers. There’s also an Assistant Club Director and Club Director. So, a total of 7 on staff: 1 fulltime;1 part-time at 28 hours per week and other part-time at 20-25 hours per week. There’s flexibility to bring on more staff as needed.” Mayor Julian added working with Recreation Services Manager for coordination to benefit all kids.

The topic then turned to safety and security. The mayor asked about monitoring the area because when no one’s there, problems happen. Mr. Boyer said that they will put inside/outside surveillance system for safety of the kids, etc. (All audio and video will be saved for six (6) months.) Those entering the facility must check in. Not anyone can just walk int the building.

CM Ramirez said, “I’m confused on the process. For renting the facility, where do you go? City Hall? Boys & Girls Club? Both?” Mr. Boyer said, “We haven’t come up with specific process yet. We’re managing the building as the City wants.” CM Ramirez emphasized that it needs to be clear on the website for the public and must be easy to do. He then asked when the keys to the building will be turned over to the B&G Club? The B&G Club already have the keys. Mr. Rodriguez added, “Process depends on the function, event, service, etc. Running the process depends on how the City wants unless B&G Club process supersedes the City’s for safety purposes.” CM Cardenas asked, “Does the process need to be outlined in the lease agreement?” City Attorney Sinco, “No, the agreement states that the City’s in control. We don’t have to have specifics spelled out in the agreement.”
The issue of “no cost to B&G Club” came up. Mayor Julian said, “Let’s talk about the elephant in the room. How do you justify ‘in lieu of’?” Mr. Boyer said, “We’re serving your kids at no cost. We’re putting $78,000 into the building and $100,000 into our own maintenance fund.” November 8, 2022 City of Guadalupe Council Meeting Minutes Page 9 of 18 CM Robles asked, “You’re getting a brand-new building. Are you adding new activities?” Mr.

Rodriguez said, “There was an art room before. A new room will be used for STEM, art, multi-use room, computer use, WIFI, etc.”
Ms. Sanchez said, “The only comment I have is on facility rental. A lot of confusion. We need to be specific where the public needs to go to rent. Mayra Figueroa is the City’s Facility Rental Coordinator.

It’s easier to have rentals done through the City unless there’s a specific recreational event. Then I’d see that being handled by the B&G Club, not the City.” Mr. Rodriguez said that they’d want to work with the City to clarify things. Alejandra Mahoney, Executive Director of LAdG, added, “Everyone has to have equal access. People going to the park; others to the City for rentals. There needs to be one point of contact.”
Motion was made by Council Member Costa, Jr. and seconded by Council Member Ramirez to approve Resolution No. 2022-29 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). Roll Call: Ayes: 5 Nos: 0 5-0 Motion passed.

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.

Ms. Sanchez explained that various groups within Guadalupe have been working over the years to find a way to provide the city with a farmers’ market. FRESA, one of those groups, has spent a couple years researching and documenting the feasibility of having one in Guadalupe. (FRESA stands for “Food Resiliency, Equity, Sustainability & Action”). This group is also involved in advocating for quality food access in Northern Santa Barbara County.

An interested working group, though separate from FRESA, is working with FRESA on having a market here in town. The working group has tentatively named the farmers’ market “Cosecha Guadalupe”. This group has asked the City to use, free of charge, the Veterans’ Memorial Plaza, and the water and electricity on the plaza. Another request is that the City pay for the rental of a portapotty to be kept on the plaza year-round.

Staff cited the pros and cons of Le Roy Park rather than the Veterans Memorial Plaza for this market site. For Le Roy Park, there’d be sufficient parking, no need to rent a porta-potty, playground area for kids to play. The strong “pros” for using the Veterans Memorial Plaza are the centralized location November 8, 2022 City of Guadalupe Council Meeting Minutes Page 10 of 18 and potential for visitors to the farmers market going to restaurants and businesses in town.

Potential downside of the Veterans Memorial Plaza is eliminating parking spaces during the market’s open hours as well as access to the electric vehicle charging station.

Request to speak:

Mr. Dennis Apel said that he’s spent some time with Hannah. He gave proposal to staff and was surprised by staff’s recommendation, especially move to Le Roy Park but said that he understood.

However, he felt there are strong points for use of the Veterans Memorial Plaza. He said that he isn’t requesting the City to rent the porta-potty. The farmers’ market is not a financial benefit for anyone but is a good benefit to the community.

Mr. Apel then questioned the potential fees the City would charge for use of the Veterans Memorial Plaza. For utilities, he asked how the market would use $12 per hour; $100 per day. He talked about the $100 deposit and cleaning fee which would be about $640 a month. He said he was surprised by that but if that was what the City wanted, that’s what it would be.

The question at this point was not for the City to decide based on costs and fees but rather on whether the site would be to have the farmers market at the Veterans Memorial Plaza or at Le Roy Park.

CM Costa, Jr. had some questions of both Ms. Sanchez and Ms. Sweeney about utilities usage, cost for the City vs residential, monitoring water with a meter. Rates for public areas depend on usage.

Water and electricity are hard to estimate. A “best guess” was used because there’s no reported usage documented. As for putting in a meter, Ms. Sweeney said, “If there was a fire hydrant there…would have to do research to put a spigot or take meter reading before and after the event.” Mr. Apel added, “It’s required to have a bathroom and hot water for vendors available. We don’t want to rely on business neighbors. With six (6) produce vendors and possibly six (6) others, we’d need enough water to wash hands. Water should be minimal. Use of electricity would only be if music was used at the gazebo.” Rental fees were briefly discussed with Ms. Sanchez saying that she’d bring that item back.

Mayor Julian then went through the proposal from Mr. Apel for the Farmers’ Market in Guadalupe:

1. Use the Veterans Memorial Plaza to provide vegetables to the community.

2. Olivera Apartments are near the parking lot (Plaza). The program has to be in the middle of town to make it easier to get to. Vandenberg, Lompoc, Santa Maria all use parking that’s central for people walking.

3. Are vendors being charged? Mr. Apel said that the market will get 5% of what the vendors sell.

4. Haven’t seen a lot of electrical use…farmers markets don’t use power.

5. Water usage for vendors.

November 8, 2022 City of Guadalupe Council Meeting Minutes Page 11 of 18

6. Porta-potty: don’t see the City participating with rental…maybe see Guadalupe Business Association participating…people coming here, things to see, restaurants, businesses, Wine House.

7. Parking barriers for “no parking” could be used. If people know time of farmers market and they park there, they’d be ticketed. But people will get used to not parking when market is open.

8. Fees – Lions Club, Commite, Kiwanis all use the Veterans Memorial Plaza and have Council’s preapproval to waive fees. Some adjustments may need to be made based on purpose of Plaza use.

The mayor suggested looking after one year, look to see what progress there is.

The mayor made some additional comments: the City should participate in the fee; location should be at the Veterans Memorial Plaza; porta-potty is more expensive than explained…suggested farmers might donate; need upkeep of the porta-potty which would be left for public to use.

General concerns raised by Council and staff: if Le Roy Park was the location, it would limit the use of some areas to rent; access to the electrical vehicle charger at the Plaza could be a problem; suggest using only a portion of the Plaza to start things small and have it grow. Mr. Apel said that if only a portion of the Plaza was used, it cuts vendors in half…wouldn’t have space for 12 vendors.

Chief Cash added that without any review of the situation for the charger, if people can pull in and out easily, might work…whatever the Council wants, we can make it happen.

Mr. Alhan Diaz-Correa, FRESA, then spoke regarding the pros and cons of either suggested location.

He said, “We’ve done work in the past and looked at both locations. Either one is good. The Plaza is a prime location and will bring people in. Whatever the location, it’s important to stick with it…be consistent. I’d want the Plaza location to focus on downtown business but have Le Roy for other vendors. Whatever location, build on it.”
Mayor Julian then said, “The biggest issue are the fees. Water, porta-potty, electricity – not a big issue. Electric vehicle charging station – no big issue. The Senior Center has a charger. Can’t carve up the Plaza parking lot. Alhan added, “As chargers are added, lesser restrictions on the Plaza parking lot. The Veterans Memorial Plaza will work. If it’s a matter of funds, FRESA will fundraise, but this market will make money. In the beginning, we need a strong foundation.” The mayor said, “Look at the location now. Hannah and others will look at expense. Look at six-month to a year forgiveness. But we need to get it going.”
Mayor Julian asked the council members for their choice of location:

CM Robles: Veterans Memorial Plaza
CM Costa, Jr.: Le Roy - because of parking
CM Ramirez: Veterans Memorial Plaza – leave Le Roy Park open for rentals CM Cardenas: Le Roy Park
Mayor Julian: Veterans Memorial Plaza
November 8, 2022 City of Guadalupe Council Meeting Minutes Page 12 of 18 City Attorney Sinco added that the policy needed to be amended to include the City Council’s approval for the Farmers Market to be added to the list of an approved special event, as listed on the Master Fee Schedule. He said, “Give direction to staff to work with the farmers market group and bring back to staff. It’s a 3-2 vote in favor of the Veterans Memorial Plaza. Make a motion to work with farmers market people on plan to use the Veterans Memorial Plaza.

Motion was made by Council Member Ramirez and seconded by Mayor Julian to have the applicant work with staff on a plan to use the Veterans Memorial Plaza. Ayes: 3 Nos: 2 3-2 Motion passed.

CM Ramirez clarified, “The City’s involved; need to have Guadalupe Business Association and all partners in this project. But it’s not a ‘for sure thing’ as there are questions to be answered. Location was the issue voted on.” Mr. Apel said, “City is okay to proceed with Farmers Market at the Veterans Memorial Plaza. There were two options to vote on.” Mayor Julian said, “More details need to be determined. Will there be a grace period? No vote on fees, utilities, etc. now.” CM Costa, Jr. raised the issue of accumulated trash and who handles that? Mr. Apel said, We’re willing to take trash out every week. We don’t want to burden the City.” The mayor’s final comment was, “Work with Hannah to get details.”

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.

City Attorney Sinco cited some sections from the government code relating to salaries of elected officials. It stated that the maximum salary is based on population. For cities with a population up to and including 35,000 in population, the maximum stipend is $300.00 per month. However, the salary for council members can be increased beyond that amount by an amendment to an ordinance but the increase can’t exceed an amount equal to 5 percent for each calendar year from the date of the last adjustment to the salary.

The salary for council members is $150.00 per month. The last time there was a salary adjustment was in 1987. The salaries for the City Clerk and City Treasurer are determined by the City Council.

They are also $150.00 per month. City Attorney Sinco said, “The Council could increase the salary to $300.00 per month but can go higher to $570.00 per month, which would be the maximum, but it doesn’t have to go that high. Also, the mayor can receive a higher salary per the government code with approval of the City Council. In 1997 the salaries for the City Clerk and City Treasurer were approved, through a resolution, to be equal to the salaries of the City Council. The Council can November 8, 2022 City of Guadalupe Council Meeting Minutes Page 13 of 18 approve that the salaries continue to be the same as the City Council or a different amount can be approved.

The City Council has the approval to grant stipends for the Recreation & Parks Commission. Mr.

Bodem said, “Stipends for the Commissioners make sense to give, and that the mayor receive more than the rest of the Council. He is involved in ceremonials and activities within the community.” City Attorney Sinco said that retirement and health benefits are not considered part of salary. Mayor Julian then said, “I don’t feel that health benefits and PERS should be given…there’s no budget. But 37 years of $150.00 per month isn’t adequate for what we do. This increase should also include the City Clerk and City Treasurer. I’d want the increase for the mayor, $420.00 per month, not take effect until 12/10/2024. I’m planning on staying another two (2) years” City Attorney Sinco said that we can continue to another meeting to take effect 1/01/2024.

CM Cardenas said that she could see the Recreation & Parks Commissioners receiving something.

City Attorney Sinco said, “No action has to be taken tonight on that. It can be done by resolution.

Item can be brought back for the next meeting with a resolution showing compensation for the Recreation & Parks Commissioners.” The mayor recommended $100.00 per month for the Commissioners. CM Cardenas said, “Will this be sustainable for the next two (2) years? Or even the next six (6) months if adopted in January 2023?”
Motion was made by Council Member Costa, Jr. and seconded by Mayor Julian to amend Ordinance No. 2022-506 to increase salaries for first reading and continue for second reading at meeting of November 22, 2022. Ayes: 2 No: 3 2-3 Motion did not pass.

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.

Mr. Green explained that every three (3) years a new construction code is issued. The Municipal Code of the City of Guadalupe Title 15, Chapter 4 has not been comprehensively updated since August 25, 2020, with the adoption of the 2019 California Building Codes which will expire January 1, 2023. The California Building Standards Commission adopted the 2022 California building Standards Code, which becomes effective January 1, 2023, and contains eleven subjects that incorporate public health, life safety, and general welfare standards used in the design and construction of buildings in California. The cost for the building codes is between $1,500 - $1,700 a set. PDFs of the codes could also be purchased.

November 8, 2022 City of Guadalupe Council Meeting Minutes Page 14 of 18 Mr. Green said that he picked up five (5) ADUs today. A review of each ADU will take between 3-5 hours. He said that a high priority now is the Royal Theatre project. A third review has been completed and is going into a fourth review. For the Escalante Meadows project, there are a batch of revisions that were issued. He said he finished a review today.

Mr. Green mentioned that there are a lot of ADUs and apartment complexes going up now. Mayor Julian asked where are those ADUs that are going up? Mr. Green said, “About 95% are in the older area of Guadalupe. That area has room on site to build. Area is about from Guadalupe Street east to edge of town and north. There’s also about two (2) ADUs in Pasadera.

Motion was made by Council Member Costa, Jr. and seconded by Council Member Cardenas to introduce Ordinance No. 2022-504 for first reading and continue to the meeting of November 22, 2022 for second reading and adoption. 5-0 Motion passed.

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.

Chief Cash gave a brief background stating that the State of California periodically updates the California Fire Code to adapt to changing needs for the public’s continued safety. The code has been updated to remain current on changing technology and risks. The most current version of the California Fire Code was released in 2022 and will become effective on January 1, 2023. In addition to approving to adopt the 2022 California Fire Code to regulate fire, building and safety issues consistent throughout the State, staff is also requesting that the Council approve other amendments to the City’s fire and safety regulations set forth in the Guadalupe Municipal Code.

Motion was made by Council Member Costa, Jr. and seconded by Council Member Cardenas to introduce Ordinance No. 2022-505 for first reading and continue to the meeting of November 22, 2022, for second reading and adoption. 5-0 Motion passed.

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.

November 8, 2022 City of Guadalupe Council Meeting Minutes Page 15 of 18 CM Ramirez submitted his letter of resignation to the City Clerk on October 25, 2022, specifying the date of his resignation as November 29, 2022. His resignation will occur halfway through his fouryear term. Whoever fills his vacancy will serve until December 3, 2024, which would have been the final day of CM Ramirez’s term.

There are two options for the Council to fill the vacancy: either through an appointment on January 28, 2022, or through a special election. The staff recommends filling the vacancy through an appointment. A notice will be posted on the City’s website and elsewhere. There will be a 30-day period to respond. Letters will be reviewed by the Council at the December 13th meeting and selections will be made for those applicants to be interviewed at the meeting for January 10, 2023.

Final selection as well as appointment can be made then, or it can be continued for the January 24, 2023, meeting. There was consensus by the Council to move forward.

The Council then discussed whether or not a shorter period was needed to fill the vacancy. Rather than a 30-day period for applicants to respond, cut it to 15 days. Schedule a special meeting solely to review and interview applicants. A variety of dates and actions were discussed. The final decision was to have the timeframes as initially proposed: Post notice of seat vacancy; deadline to respond with letter of interest, by December 6th; letters reviewed by Council at the December 13th meeting; applicants interviewed at the meeting of January 10, 2023, and applicant selected and appointed at the meeting of January 24, 2023. (Applicant may also be selected and appointed at the meeting of January 10, 2023.)

16. Main Street/Obispo intersection traffic issues.

Motion was made by Council Member Costa, Jr. and seconded by Council Member Ramirez to continue item to a later date. 5-0 Motion passed.

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.

For years the Finance has had a flat organizational structure with all positions reporting to the Finance Director. With an increase in the department’s customer base along with the need for more focused internal controls and day-to-day supervision of the operations side of the department, two changes are recommended: reclassify the Business Manager position to Accounting Supervisor and reorganize the department structure.

November 8, 2022 City of Guadalupe Council Meeting Minutes Page 16 of 18 The reclassification of the position will result in the staff on the operations reporting directly to the Accounting Supervisor who will then report to the Finance Director. These two changes will allow the Finance Director to provide more focus on higher level review of internal processes, budget and fiscal policies as well as the transition and maintenance of the new software.

The SEIU salary grade for the Accounting Supervisor is 215. (The salary grade for the Business Manager position was 205.) There is no fiscal impact at this time or through this fiscal year. The incumbent is eligible for a salary increase no later than November 9, 2023, contingent on overall performance.

Motion was made by Council Member Costa, Jr. and seconded by Council Member Robles to approve Resolution No. 2022-98 approving the reclassification of the Business Manager position and the reorganization in the Finance Department. 5-0 Motion passed.

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.
• Mr. Bodem was hired on November 1, 2019. His original employment agreement had a three-year term, from November 1, 2019 to October 31, 2022. His new agreement is based on the same terms as the prior agreement, with the following changes:
• A two-year term from November 1, 2022 to October 31, 2024. • Base Salary of $146,864.16. On or after November 1, 2023, Mr. Bodem is eligible for a three percent (3%) salary increase , contingent on a satisfactory performance evaluation from the City Council. In addition, he will also be eligible for up to an additional three percent (3%) at that time if he has met certain criteria in a “pay for performance” program. The Council will approve the terms of that program with measurable objectives no later than January 10, 2023.
• Mr. Bodem may use his personal car and in lieu of reimbursement at the IRS mileage rate, he will receive a $150.00 per month car allowance stipend.

November 8, 2022 City of Guadalupe Council Meeting Minutes Page 17 of 18 • Mr. Bodem will automatically receive a three percent (3%) increase to his base salary if any City employee receives an increase to his or her base salary that is higher than Mr. Bodem’s. (In the original employment agreement, the increase was $1.00 per hour.) The fiscal impact for this new two-year term employment agreement to the City’s general fund is approximately $11,000 should an increase occur during the first year of the agreement and approximately up to $20,000 should Mr. Bodem be awarded a salary increase during the second year of the agreement.

Motion was made by Council Member Costa, Jr. and seconded by Council Member Robles to approve 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 of Guadalupe. 5-0 Motion passed.

Mr. Bodem thanked the City Council and expressed his appreciation working with them.

19. FUTURE AGENDA ITEMS
CM Cardenas mentioned the Micro-Enterprise grantees for the November 22nd meeting.

20. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS
CM Costa, Jr.: Three (3) of the Bulldogs teams were out of the playoffs while the junior team is still in and can possibly make it to the Super Bowl. McKenzie Girls basketball team lost to Lakeview while the Boys team won. Saturday, November 12th, Touch of Style will be at Le Roy Park.

Mr. Esteban Ross Johnson, who was in the audience, came to the podium. He said he moved to Pasadera and is interested in politics, local politics.

21. ADJOURNMENT TO CLOSED SESSION MEETING
The meeting is being adjourned to closed session. Item to be discussed: Conference with Labor Negotiators (Subdivision (a) Government Code Section 54957.6) Agency designed representatives:

City Administrator, Human Resources Manager and Che Johnson, Partner, Liebert, Cassidy & Whitmore; Employee Organizations: International Association of Firefighters (IAFF).

Motion was made by Council Member Costa, Jr. and seconded by Council Member Ramirez to adjourn the meeting to closed session. 5-0 Motion passed.

CLOSED SESSION
November 8, 2022 City of Guadalupe Council Meeting Minutes Page 18 of 18

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
Motion was made by Council Member Costa, Jr. and seconded by Council Member Cardenas to adjourn to open session. 5-0 Motion passed. Meeting adjourned to open session at 9:55 p.m.

24. CLOSED SESSION ANNOUNCEMENTS
No reportable action

25. ADJOURNMENT
Motion was made by Council Member Costa, Jr. and seconded by Council Member Cardenas to adjourn. 5-0 Motion passed. Meeting adjourned at 9:56 p.m.

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

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of November 22, 2022
______________________________
Approved by:

Todd Bodem, City Administrator
SUBJECT: Second Reading Ordinance No. 2022-504 repealing Ordinance No. 2020-491, Title

15.04, Adoption of Building Codes; and adopting a new Chapter 4 of Title 15, Adoption of State of California 2022 Building Standards Code.

RECOMMENDATION
That the City Council adopt, on second reading, Ordinance No. 2022-504 repealing Ordinance No. 2020-491 and adopting a new Chapter 4 of Title 15 of the Guadalupe Municipal Code.

BACKGROUND:

The City Council introduced Ordinance No. 2022-504 at its meeting on November 8, 2022. This constitutes the second reading of the ordinance.

ATTACHMENTS

1. 1. Ordinance No 2022-504, entitled “An Ordinance of the City Council of the City of Guadalupe, California, Repealing Ordinance No. 2020-491 and adopting a new Chapter 4 of Title 15 of the Guadalupe Municipal Code”.

Page 1 of 4 ends

ORDINANCE NO. 2022-504

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA, REPEALING ORDINANCE NO. 2020-491 AND ADOPTING A NEW CHAPTER 4 OF TITLE 15 OF THE

GUADALUPE MUNICIPAL CODE
WHEREAS, each city in the State of California is required to adopt the California Building Standards Code and is authorized to do so by reference (Health and Safety Code § 17922 and Government Code § 50022.2); and
WHEREAS, the California Building Standards Commission adopted the 2022 California Building Standards Code, of which becomes effective January 1, 2023; and WHEREAS, the Municipal Code of the City of Guadalupe Title 15 - Building and Construction has not been comprehensively updated since August 25, 2020; and WHEREAS, it is deemed to be in the best interest of the City to update and amend Title 15 of the Municipal Code to be consistent with the State of California Building Standards Code and to account for new building construction standards; and
WHEREAS, Title 15 of the Municipal Code of the City of Guadalupe has provided minimum standards to safeguard life or limb, health, property, and public welfare by regulating the construction, quality of materials, use, and occupancy, location and maintenance of all buildings and structures within this jurisdiction and certain equipment; and WHEREAS, the 2022 California Building Standards Code contains eleven subjects that incorporate public health, life safety, and general welfare standards used in the design and construction of buildings in California. The California Codes incorporate the latest national standards in the International Building Code, International Residential Building Code, National Electrical Code, Uniform Plumbing Code, Uniform Mechanical Code and other national standards and codes; and WHEREAS, It is the intent of the City of Guadalupe to ensure enactment of the standards herein, as the State Building Standards Code become effective January 1, 2023, to protect the public welfare, health and safety; and
WHEREAS, the adoption and proposed amendments to the 2022 California Fire Code will be submitted to the City Council under separate cover as Chapter 8 of Title 15 of the Guadalupe Municipal Code, and therefore not included in this Ordinance.

NOW THEREFORE, the City Council of the City of Guadalupe does ordain as follows:

SECTION 1. The existing Ordinance No. 2020-491, Title 15.04 Adoption of Building Codes of the Guadalupe Municipal Code, is hereby repealed.

ATTACHMENT 1

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SECTION 2. The following codes are hereby adopted as the City of Guadalupe Building Code, Residential Building Code, Administrative Code, Electrical Code, Plumbing Code, Mechanical Code, Energy Code, Green Building Standards Code, Existing Building Code, Historical Building Code and Reference Standards Code, and are incorporated herein as if fully set forth, with such further incorporation and amendment of individual sections and appendices as follow below:

15.04.010 Codes adopted.

A. 2022 California Building Code, Volumes One and Two.

B. 2022 California Residential Building Code.

C. 2022 California Electrical Code.

D. 2022 California Plumbing Code.

E. 2022 California Mechanical Code.

F. 2022 California Administrative Code, including all appendices.

G. 2022 California Energy Code, including all appendices.

H. 2022 California Green Building Standards Code, including all appendices.

I. 2022 California Existing Building Code, including all appendices.

J. 2022 California Historical Building Code, including all appendices.

K. 2022 California Referenced Standards Code, including all appendices.

15.04.020 California Building Code adoption.

The provisions of the 2022 Edition of the California Building Code Volumes One and Two, including Appendices; B (Board of Appeals), C (Group U—Agricultural Buildings), F (Rodentproofing), G (Flood-Resistant Construction), H (Signs), I (Patio Covers), J (Grading) and M (Tsunami-Generated Flood Hazard) are adopted in their entirety.

15.04.030 California Residential Building Code adoption.

Adopt the 2022 California Residential Building Code including Appendices H (Patio Covers), J Existing Building and Structures), K (Sound Transmission), Q (Tiny Houses), AS (Strawbale Construction), and V (Swimming Pool Safety Act) in their entirety.

15.04.040 California Electrical Code adoption.

Adopt the 2022 California Electrical Code including all Annexes in their entirety except Annex H.

15.04.050 California Plumbing Code adoption.

Adopt the 2022 California Plumbing Code including all Appendices in their entirety except Appendices C (Alternate Plumbing Systems), F (Firefighter Breathing Air Replenishment Systems) and L (Sustainable Practices).

Page 3 of 4 ends

15.040.060 California Mechanical Code adoption.

Adopt the 2022 California Mechanical Code including all Appendices in their entirety except Appendices A (Residential Plan Examiner Review Form for H.V.A.C. System Design) and E (Sustainable Practices).

SECTION 3. Publication and Effective Date. Within fifteen (15) days after passage, the City Clerk shall cause this ordinance to be posted in three publicly accessible locations in the City. The ordinance shall go into effect and be in full force at 12:01 a.m. on January 1, 2023, as required by state law.

SECTION 4. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA) and the CEQA guidelines, and has been found to be exempt pursuant to §15306 of the CWQA Guidelines (Information Collection) because it does not have the potential to create a physical environmental effect.

SECTION 5. The City Council declares that each section, subsection, paragraph, subparagraph, sentence, clause, and phrase of this Ordinance is severable and independent of every other section, subsection, paragraph, subparagraph, sentence, clause and phrase of this Ordinance. If any section, subsection, paragraph, subparagraph, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City of Guadalupe hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact than one or more sections, subsections, sentences, clauses and phrases be declared invalid or unconstitutional.

SECTION 6. Nothing in this ordinance or in the Codes hereby adopted shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in previous Codes; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.

SECTION 7. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult the City Administrator and City Attorney concerning any changes deemed necessary.

SECTION 8. The City Clerk of the City of Guadalupe is hereby authorized and directed to transmit a copy of this ordinance to the California Building Standards Commission as required by the California Health and Safety Code Section 17958.7

Page 4 of 4 ends

INTRODUCED at a regular meeting of the City Council on the 8th day of November 2022, by the following vote:

MOTION: EUGENE COSTA JR. / LILIANA CARDENAS
AYES: 5 Councilmembers: Ramirez, Cardenas, Julian, Robles, Costa Jr.

NOES: 0
ABSENT: 0
ABSTAINED: 0
PASSED AND ADOPTED at a regular meeting of the City Council on the 22nd day of November 2022, by the following vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:
__________________________________ ______________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS IS TO FORM:
___________________________________
Philip F. Sinco, City Attorney
Agenda Item No. 6F

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of November 22, 2022
______________________________
Approved by:

Todd Bodem, City Administrator
SUBJECT: Second Reading Ordinance No. 2022-505, repealing Ordinance No. 2019-483 and adopting a new Chapter 8 of Title 15 of the Guadalupe Municipal Code.

RECOMMENDATION
That the City Council adopt, on second reading, Ordinance No. 2022-505 adopting the 2022 California Fire Code and amending the specified fire and safety ordinances in the Guadalupe Municipal Code.

BACKGROUND:

The City Council introduced Ordinance No. 2022-505 at its meeting on November 8, 2022. This constitutes the second reading of the ordinance.

ATTACHMENTS

1. 1. Ordinance No 2022-505, entitled “An Ordinance of the City Council of the City of Guadalupe, California, repealing Ordinance No. 2019-483 and adopting a new Chapter 8 of Title 15 of the Guadalupe Municipal Code.

Page 1 of 28 ends

ORDINANCE NO. 2022-505

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA, REPEALING ORDINANCE NO. 2019-483 AND ADOPTING A NEW CHAPTER 8 OF TITLE 15 OF THE GUADALUPE MUNICIPAL CODE
WHEREAS, the State of California has recently adopted the 2022 California Fire Code, which will become effective January 1, 2023; and
WHEREAS, it is the desire and intent of the City Council of the City of Guadalupe to provide citizens with the greatest degree of fire, life, and structural safety in buildings in the most cost-effective manner by adopting that body of regulations referred to as the 2019 California Fire Code with amendments specific to the City of Guadalupe; and
WHEREAS, the California Health and Safety Code Section 17958.5 and Section 18941.5 require the City Council, before making any modifications or changes to the California Fire Code, to make an express finding that each such modification or change is needed; and WHEREAS, California Health and Safety Code Section 17958.7 requires that such changes must be determined to be reasonably necessary because of local climatic, geological, or topographical conditions; and
WHEREAS, such findings must be made available as a public record, and a copy thereof with each such modification or change shall be filed with the State of California Building Standards Commission; and WHEREAS, it is the intent of the City of Guadalupe to enact the 2022 California Fire Code with the amendments written below and shall become effective January 1, 2023:

THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

Section 1. Findings: Pursuant to Health and Safety Code Section 17958.7, the City Council finds that the following conditions exist locally which require that amendments be made to the 2022 California Fire Code in order to protect the public health, safety, and welfare:

A. Climatic Conditions

1. Santa Barbara and San Luis Obispo Counties are in an area of high fire risk, and the local area regularly experiences high wind conditions, high temperatures, and low humidity, These winds, which can cause small fires which spread quickly, are a contributing factor to the high fire danger in the area, which creates a potential for localized disasters which could reduce the availability of mutual aid firefighting resources;
ATTACHMENT 1

Page 2 of 28 ends

2. The City of Guadalupe is located in a semi-arid Mediterranean-type climate which predisposes all fuels to rapid ignition and spread of fire. Therefore, there exists a need for additional fire protection measures.

3. The watershed upstream of the City experienced major wildland fire over the years which resulted in significant destruction of the vegetation and has created the potential for a dramatic increase in water flow through the Santa Maria River. The Santa Maria River Levee bordering the northern edge of the City terminates at the intersection of Highway 1, and from that point west, there is no protection for the City from flooding due to high flows in the Santa Maria River. This potential for significant flooding could place an extraordinary draw upon local emergency resources, and the need for additional requirements for fire protection as set forth in the amendments are necessary to supplement the capabilities of local emergency resources in a time of a flood emergency;
B. Geographic Conditions

1. The Guadalupe area is in close proximity to several active seismic faults, and amendments to the State Fire Code are necessary to supplement the capabilities of local emergency resources in a time of an area-wide earthquake;

2. The City has the potential for limited access to mutual aid resources. Access from the north is via one bridge over the Santa Maria River and from the south through several cuts in local mountains. In the event of an earthquake, flood, or other incidents, the availability of assistance from outside of the local area could be compromised. Amendments to the State Fire Code are necessary to ensure the City can meet the needs of the residents during these events.

3. The City of Guadalupe is located, at its westernmost part, approximately three and a half miles from the ocean. The city’s typical ground water level is at fifty feet, with the areas of the city at levels as shallow as six to ten feet. This condition makes the City more prone to subsidence issues than most inland communities.

4. Soil formation within Guadalupe has been strongly influenced by the Santa Maria River floodplain. Soils underlying and surrounding the City are alluvial in nature consisting primarily of sandy loams and silty clay loams. This low coastal plain and valley bottom with alluvial deposits and areas with high groundwater make the City susceptible to ground liquefaction.

Section 2. Repeal of Current Fire Code. Ordinance 2019-483, adopting the 2019 California Fire Code, is hereby repealed in its entirety.

Section 3. Adoption of Fire Code. A new Chapter 8 of Title 15 of the Guadalupe Municipal Code is hereby adopted to read as follows:

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15.08.010 Adoption. The California Fire Code, 2022 edition as published by the State of California, including appendix A through O, and subsequent editions as adopted by the State of California, are adopted by reference subject to the additions, deletions, and amendments set forth in this chapter.

15.08.020 2019 California Fire Code amendments.

CHAPTER 1 SCOPE AND ADMINISTRATION
101 SCOPE AND GENERAL REQUIREMENTS
101.1 Title. These regulations shall be known as the Fire Code of the City of Guadalupe, hereinafter referred to as “this code.”
104 GENERAL AUTHORITY AND RESPONSIBILITY
104.1.1 Peace Officer Powers. The Fire Chief, Fire Captains, Fire Inspectors, and other personnel as authorized by the Fire Chief, shall have the powers of police officers in performing duties under this code and shall have powers of peace officers as provided by California Penal Code Section 830.37 and shall have authority to issue citations.
104.12 Authority at Fires and Other Emergencies. The Fire Chief or designee in charge at the scene of a fire or other emergency involving the protection of life, environment, or property or any part thereof shall have the authority to direct such operation as necessary to extinguish or control any fire, perform any rescue operation, investigate the existence of suspected or reported fires, gas leaks or other hazardous conditions or situations, or take any other action necessary in the reasonable performance of duty. In the exercise of such power, the Fire Chief or designee is authorized to prohibit any person, vehicle, vessel or thing from approaching the scene and is authorized to remove, or cause to be removed or kept away from the scene, any person, vehicle, vessel or thing which could impede or interfere with the operations of the Fire Department and, in the judgment of the Fire Chief or designee, any person not actually and usefully employed in the extinguishing of such fire or in the preservation of the environment and property in the vicinity thereof.
108 INSPECTIONS
108.1 Inspection authority. The fire code official is authorized to enter and examine any building, structure, marine vessel, vehicle or premises in accordance with Section 104.3 of the California Fire Code for the purpose of enforcing this code.
111 BOARD OF APPEALS
111.1 Board of Appeals. In order to hear and decide appeals of orders, decisions or determinations made by the Fire Code Official relative to the application an interpretation of this code, there shall be and is hereby created a Board of Appeals. The Board of Appeals shall be appointed by the governing body and shall hold office at its pleasure. The Fire Code Official shall be an ex officio member of said

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Board but shall have no vote on any matter before the Board. The Board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Fire Code Official.

111.1.1 Appeals Process. Whenever a Fire Inspector or other Fire Department member disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of this code do not apply or that the true intent and meaning of this code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the Fire Inspector or other Fire Department member to the Fire Chief IN WRITING within 15 calendar days from the date of the decision.

111.1.2 Appeals Process. Whenever the Fire Chief disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of this code do not apply or that the true intent and meaning of this code have been misconstrued or wrongly interpreted, the applicant may appeal the decision of the Fire Chief to the Board of Appeals IN WRITING within 15 calendar days from the date of the decision.
112 VIOLATIONS
112.2 Owner/occupant responsibility. Correction and abatement of violations of this code shall be the responsibility of the owner or owner's authorized agent. Where an occupant creates or allows to be created hazardous conditions in violation of this code, the occupant shall be held responsible for the abatement of such hazardous conditions.
112.4 Violation Penalties. Persons who shall violate a provision of this code, the Guadalupe Municipal Code, or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Fire Code Official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1,000.00 or by imprisonment not exceeding 180 calendar days, or both such fine and imprisonment for each violation. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The Fire Code Official may also cause an administrative action to be initiated in accordance with Title 1, Chapters 1.10 and 1.11 of the Guadalupe Municipal Code.

113 STOP WORK ORDER
113.4 Failure to Comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be guilty of a misdemeanor and subject to the penalties set forth in Section 110.4 112.4 of this code. The Fire Code Official may also cause an administrative action to be initiated in accordance with Title 1, Chapters 1.10 and 1.11 of the Guadalupe Municipal Code.

CHAPTER 3 GENERAL REQUIREMENTS

304 COMBUSTIBLE WASTE MATERIAL

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304.1.2 Vegetation. Weeds, grass, vines, or other growth that is capable of being ignited and endangering property shall be cut down and removed by the owner or occupant of the premises.

Vegetation clearance requirements in urban/wildland interface areas shall be in accordance with California Fire Code Chapter 49 and Title 19, Division 1, 3.07(b). Refer to Guadalupe Municipal Code Chapter 8.16 for weed, trash, and debris removal and abatement procedures. 307 OPEN BURNING, RECREATIONAL FIRES AND PORTABLE OUTDOOR FIREPLACES 307.1.2 Combustible Refuse Prohibited Open Burning. A person shall not burn any combustible refuse in any open outdoor fire within the City. Burning in any incinerator is prohibited except with a permit issued by the Fire Code Official and in accordance with Federal, State, and Local requirements.

EXCEPTIONS:

1. Barbeque and recreational fires (camp fires).

2. Agricultural burning with a permit issued by the Fire Code Official and in accordance with Federal, State, and Local requirements.

3. Fires set under public authority.
308 OPEN FLAMES
308.1.4 Open-Flame Cooking Devices. Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet (3,048 mm) of combustible construction.
308.1.4.1 Liquefied-Petroleum-Gas-Fueled Cooking Devices. LP-gas burners having an LP-gas container shall not be located on combustible balconies or within 10 feet (3,048 mm) of combustible construction.
311 VACANT PREMISES
311.1 General. Temporarily unoccupied buildings, structures, premises, or portions thereof, including tenant spaces or buildings damaged by fire or other disasters, shall be safeguarded and maintained in accordance with this section.
311.1.1 Abandoned Premises. Buildings, structures, and premises for which an owner cannot be identified or located by dispatch of a certificate of mailing to the last known or registered address, which persistently or repeatedly becomes unprotected or unsecured, which have been occupied by unauthorized persons or for illegal purposes, or which present a danger of structural collapse or fire spread to adjacent properties shall be considered abandoned, declared unsafe and abated by demolition or rehabilitation as directed by the Building Official and Fire Code Official. 311.1.3 Buildings or Property Damaged by Fire or Disaster. The owner, occupant, or other person having under their control any property or materials on property damaged by fire or other disasters,

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when access by the public is possible, shall secure the property either by boarding up all openings, fencing, barricading, or other appropriate measures as approved by the Fire Code Official. Within 15 calendar days after written notice by the Fire Code Official to do so has been served, all debris and/or damaged materials shall be removed from the property and deposited in accordance with Federal, State, and Local requirements or proof of contractual arrangements that have been made for demolition, replacement, or repair of all fire or disaster-damaged structures remaining on the property. 311.1.4 Authority to Secure Property Damaged by Fire or Other Disaster. The Fire Code Official shall be empowered to initiate necessary actions to secure property damaged by fire or other disaster and/or remove and dispose of debris and other damaged materials when, after giving notice to the owner of record of the property, the owner fails to secure the property and/or remove debris as ordered by the Fire Code Official.
311.1.5 Cost Recovery. The Fire Code Official is authorized to initiate any and all actions necessary to recover the costs of securing property damaged by fire or other disaster and/or removing and disposing of debris and other damaged materials when, after giving notice to the owner of record of the property, the owner fails to secure the property and/or remove debris, and the City provides the service either through the use of City resources or a contractor.
312 VEHICLE IMPACT PROTECTION
312.2 Posts. Guard posts shall comply with all of the following requirements:

1. Constructed of steel not less than 4 inches (102 mm) in diameter and concrete filled.

2. Spaced not more than 3 feet (914 mm) between posts on center.

3. Set not less than 3 feet (914 mm) deep in a concrete footing of not less than 18-inch (458 mm) in diameter.

4. Set with the top of the posts not less than 3 feet (914 mm) above ground.

5. Located not less than 3 feet (914 mm) from the protected object. 316 HAZARDS TO FIRE FIGHTERS
316.7 Fog, Smoke or Gas Emitting Systems. No system or device shall be installed in any building or portion of a building which, as a part of its operation discharges any fog, gas, smoke, vapor, liquid, or other product when the design of the system discharge is to obscure the vision of any person, cause disorientation, or incapacitate any person within the building or portion thereof. Nothing in this section is intended to preclude the connection of an alarm system to any fire suppression system.

CHAPTER 4 EMERGENCY PLANNING AND PREPAREDNESS
401 GENERAL
401.3.5 Hazardous Materials Events. In the event an unplanned or unwanted release of hazardous materials occurs on a property, the owner or occupant shall immediately report such condition to the Fire Department.

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403 EMERGENCY PREPAREDNESS REQUIREMENTS
403.11.1.1 When Required. Fire watch shall be provided as follows:

1. When required by other sections of this code.

2. When the Fire Code Official deems a condition essential for public safety.

3. When the Fire Code Official determines that conditions may result in a rekindle. 403.11.1.2 Financial Responsibility. The property owner, the tenant or occupant in control of the premises shall be responsible for all costs of providing a fire watch. 403.11.1.3 Qualifications. Personnel assigned to fire watch duties shall possess the following minimum qualifications:

1. Shall be at least 18 years of age.

2. Shall be able to speak, read, write and understand English.

3. Shall be capable of executing the duties and responsibilities as specified in 114.4.

4. Shall be capable of operating a mobile telephone device and/or portable radio.

5. Shall be capable of inspecting all portions of their assigned watch area. 403.11.1.4 Number and Hours. The Fire Code Official shall specify the minimum number of fire watch personnel required and the hours during which they must be present based on the conditions and size of the facility.
403.11.1.5 Duties and Responsibilities. Duties and responsibilities of persons assigned fire watch duties include, but are not limited to the following:

1. To know the address of the facility being watched.

2. To be equipped with a mobile telephone device that can be used to contact 9-1-1 or a portable radio that can be used to communicate with a constantly attended security/communications center.

3. To continuously make rounds and monitor all assigned areas.

4. To immediately report any sign of smoke, fire or other emergency to 9-1-1 or to the security/communications center.

5. To activate the building fire alarm system when the building is equipped with such a system or notify those present to evacuate the building or area.

6. To assist with the evacuation of people present in the area.

7. To keep a fire watch log that, as a minimum, includes the following information:
a. Identifies the building or area by name and address that is under watch. b. The date and time each round or tour is completed, plus comments on what was observed.

Each entry shall contain the name and signature of the person conducting the watch. c. Fire watch logs shall be immediately accessible for review by the Fire Code Official. A copy of the fire watch log shall be retained by the owner or agent of the facility being protected.

8. To continue the fire watch until permission has been received from the Guadalupe Fire Department to terminate the fire watch activities.

9. Fire watch personnel shall not be assigned additional duties during their fire watch tour.

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CHAPTER 5 FIRE SERVICE FEATURES
503 FIRE APPARATUS ACCESS ROADS
503.4.2 Removal of Obstructions. The Fire Code Official shall have the power and authority to remove or cause to be removed, without notice, any vehicle, vessel, or thing parked or placed in violation of any or all sections of this code. The owner of any item so removed shall be responsible for all charges connected therewith.
503.4.3 Cost Recovery. The Fire Code Official is authorized to initiate any and all actions necessary to recover the costs of removal and storage of any vehicle, vessel, or thing parked or placed in violation of any or all sections of this code when the City provides the service either through the use of City resources or a contractor.
503.6.1 Electrically Operated Gates. All electrically operated gates which are installed across required fire access roads or pathways shall have a Knox brand access switch installed which will open the gate.

The switch shall be installed so it will open the gate and the gate will remain in the open position until re-set by the Fire Department. The gate shall have a manual means of opening in the event of a power failure and shall be accessible from the exterior of the property. 503.6.2 Manually Operated Gates. All manually operated gates installed across required fire access roads or pathways and which are locked shall have a Knox brand padlock installed. The Knox padlock shall be integrated with any other lock in such a manner as to allow the gate to be opened by unlocking the Knox padlock only.
505 PREMISES IDENTIFICATION
505.1 Address Numbers. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches in height with a minimum stroke width of 0.5 inch (12.7 mm) for residential occupancies and 6 inches (152 mm) high with a minimum stroke width of 0.75 inch (19 mm) for commercial and industrial occupancies.

Numbers and/or letters of larger size may be required based on the size and design of the building or group of buildings. Where access is by means of a private road and the building cannot be viewed from the public way, a monument pole or sign or means shall be used to identify the structure. Address identification shall be maintained.
505.1.1 Rear Door Address Numbers. All commercial and industrial buildings with access via an alley or other similar roadways shall have the address number, unit or suite number, and street name provided on or adjacent to the rear door of the building or tenant space. These numbers shall contrast with their background. Address and suite numbers shall be Arabic numerals or alphabet letters, shall be a minimum of 6 inches (152 mm) high with a minimum stroke width of 0.75 inch (19 mm). The street

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name shall be a minimum of 4 inches in height with a minimum stroke width of 0.5 inch (12.7 mm).

Numbers and/or letters of larger size may be required based on the size and design of the building or group of buildings.
505.1.2 Address Directory. All buildings, or groups of buildings served by an alley, private driveway or similar roadway system, shall be provided with an address directory at every entrance to the property.

The design of the directory shall be in accordance with standards set forth by the Fire Code Official. The directory shall be maintained by the property owner, Homeowner’s Association, or other individual or group in charge of the property.
506 KEY BOXES
506.1 Where Required. All new commercial occupancies shall have a Knox brand key box installed as directed by the Fire Code Official. Existing commercial occupancies shall install a Knox key box as directed by the Fire Code Official when a Building Permit is obtained for any work. The key box shall contain keys that will allow the Fire Department access to all portions of the building. The keys shall have a tag affixed identifying their purpose.
506.1.1 Locks. All gates or similar barriers across required Fire Department access roads or pathways shall have a Knox brand padlock installed in addition to any lock placed by the property owner or tenant.

The Knox padlock shall be integrated with any other lock in such a manner as to allow the gate to be opened by unlocking the Knox padlock only.
506.2 Key Box Maintenance. The owner, manager or other person in charge of a property shall notify the Fire Code Official and provide new key(s) when a lock is changed or re-keyed within 5 working days of the change. Upon notification, the Fire Code Official will make arrangements to place the new key(s) in the key box.
506.3 Responsibility. Correction and abatement of violations of section 506.1 and 506.1.1 of this code shall be the responsibility of the owner or owners authorized agent. 507 FIRE PROTECTION WATER SUPPLIES
507.5.4.1 Removal of Obstructions. The Fire Code Official shall have the power and authority to remove or cause to be removed, without notice, posts, fences, vehicles, growth, trash, storage and other materials or objects or thing parked or placed in violation of Section 507.5.4. The owner of any item so removed shall be responsible for all charges connected therewith. 507.5.4.2 Cost Recovery. The Fire Code Official is authorized to initiate any and all actions necessary to recover the costs of removal and storage of any posts, fences, vehicles, growth, trash, storage and other materials or objects or thing parked or placed in violation of Section 507.5.4 when the City provides the service either through the use of City resources or a contractor.

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507.5.5 Clear Space Around Hydrants. A 5-foot (1.5 m) clear space shall be maintained around the circumference of fire hydrants except as otherwise approved by the Fire Code Official. 509 FIRE PROTECTION AND UTILITY EQUIPMENT IDENTIFICATION AND ACCESS 509.1 Identification. Fire protection equipment shall be identified in an approved manner. Rooms containing controls for air-conditioning systems, sprinkler risers and valves, or other fire detection, suppression or control elements shall be identified for the use of the Fire Department. All signage shall be designed and installed in accordance with Guadalupe Fire Department Standards. 509.1.1 Utility Identification. Where required by the fire code official, gas shutoff valves, electric meters, service switches and other utility equipment shall be clearly and legibly marked to identify the unit or space that it serves. Identification shall be approved by the Fire Code Official, readily visible and shall be maintained.
509.1.2 Sign Maintenance. All signs required by this code shall be maintained in a legible condition and replaced or repaired as required by the Fire Code Official.

CHAPTER 6 BUILDING SERVICES AND SYSTEMS
605 FUEL-FIRED APPLIANCES
605.5 Portable Unvented Heaters. The use of portable unvented fuel-fired heating equipment shall be prohibited in all occupancies except where a permit has been issued by the Fire Code Official and the Building Code Official.

Exception: Portable outdoor gas-fired heating appliances shall be allowed in accordance with Section 605.5.2
603 ELECTRICAL EQUIPMENT, WIRING AND HAZARDS
603.8 Temporary Wiring. Temporary wiring for electrical power and lighting installations is allowed for a period not to exceed 90 days upon issuance of a permit by the Fire Code Official and the Building Code Official. Temporary wiring methods shall meet the applicable provisions of the California Electrical Code.

Exception: Temporary wiring for electrical power and lighting installations is allowed during periods of construction, remodeling, repair or demolition of buildings, structures, equipment or similar activities.
606 COMMERCIAL COOKING EQUIPMENT AND SYSTEMS
606.3.4.1 Hood Servicing. A certificate of inspection/service shall be forwarded to the Guadalupe Fire Department within 5 working days of completion of the 6-month service, or upon service rendered after

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the activation of any fire suppression system. The submission of the certificate of inspection service is the responsibility of the contractor performing the service. The certificate may be a copy of the invoice as long as it has the required information contained therein.

The certificate shall include:

1. The name, address and phone number of the licensed contractor performing the service.

2. The name, address and phone number of the business for whom the service is being done.

3. Date and time of the service.

4. Make, model, and manufacturer of the system.

5. A detailed list of all work completed on the system (clean nozzles, replace links, recharge system).

6. Specific date of the previous service on the system.

7. The cleanliness of the hood and associated appliances.

8. Alterations to the system or appliances that causes the system to be out of compliance with the manufacturer’s specifications.

CHAPTER 9 FIRE PROTECTION SYSTEMS
901 GENERAL
901.7 Systems Out of Service. Where a required fire protection system is out of service, the Fire Code Official shall be notified immediately and, where required by the Fire Code Official, the building shall either be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shut down until the fire protection system has been returned to service. Where utilized, fire watches shall comply with the provisions of Chapter 4, Sections 403.11.1.1, 403.11.1.2, 403.11.1.3, 403.11.1.4 and 403.11.1.5 of this code.
903 AUTOMATIC SPRINKLER SYSTEMS
903.2 Where Required. Approved automatic fire sprinkler systems in new buildings and structures shall be provided in the locations described in this section, regardless of construction type, occupancy separation walls or area separation walls.
903.2.1 Group A. All Group A-1, A-2, A-3, and A-4 occupancies shall be equipped with an automatic fire sprinkler system throughout the building.
903.2.2 Group B Ambulatory Health Care Facilities. An automatic sprinkler system shall be installed throughout the building in all Group B ambulatory health care facility occupancies when either of the following conditions exist at any time:

1. Four or more care recipients are incapable of self-preservation.

2. One or more care recipients who are incapable of self-preservation are located at other than the level of exit discharge serving such an occupancy.

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903.2.2.1 Group B. All Group B occupancies other than those described in Section 903.2.2 shall be equipped with an automatic fire sprinkler system throughout the building when the gross floor area is more than 5,000 square feet.
903.2.3 Group E. All Group E occupancies shall be equipped with an automatic fire sprinkler system throughout the building.
903.2.4 Group F. All Group F occupancies shall be equipped with an automatic fire sprinkler system throughout the building when the gross floor area is more than 2,500 square feet (233 m2). 903.2.4.1 Woodworking Operations. Refer to section 903.2.4. 903.2.6 Group I. All Group I occupancies shall be equipped with an automatic fire sprinkler system throughout the building.
903.2.7 Group M. All Group M occupancies shall be equipped with an automatic fire sprinkler system throughout the building when the gross floor area is more than 5,000 square feet. 903.2.9 Group S. All Group S occupancies shall be equipped with an automatic fire sprinkler system throughout the building when the gross floor area is more than 2,500 square feet (233 m2). 903.2.22 Speculative Building Defined. Any F, M, or S occupancy required by this code to be equipped with automatic fire sprinklers throughout the building in which the tenant is not identified at the time of application for a building permit shall be considered a speculative building. 903.2.22.1 Speculative Building, Sprinkler System Design. Automatic fire sprinkler systems in speculative buildings as defined in Section 903.2.20 with an interior clear height of 12 feet or less shall have a minimum design of .20 gallons per minute over a 2,500 square foot design area (.20/2500). 903.2.22.2 Speculative Building, Sprinkler System Design. Automatic fire sprinkler systems in speculative buildings as defined in Section 903.2.20 with an interior clear height of more than 12 feet shall be designed as set forth in Section 206.2.2 of this code (High-piled storage). 903.2.23 Additions or alterations. Automatic fire sprinkler system throughout the building shall be provided when:
a. Additions to existing buildings adds more than 50% of the existing square footage to the structure and results in a total square footage in excess of 1,500 (one thousand five hundred) square feet;
b. Alterations to Group A, B as described in section 903.2.2. E, F, and S encompass more than 50% of the existing square footage of the structure or is in excess of 1,500 (one thousand five hundred) square feet where there is a change of occupancy to a more hazardous use as determined by the Building Official or Fire Chief;
c. Alterations to Group B other than those described in Section 903.2.2 and M encompass more than 50 % of the existing square footage of the structure or is in excess of 3,000 (three

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thousand) square feet or where there is change of occupancy to a more hazardous use as determined by the Building Official or Fire Chief;
d. Alterations to Group R encompass more than 50% of the existing square footage of the structure or is in excess of 2,000 (two thousand) square feet or where there is a change of occupancy to a more hazardous use as determined by the Building Official or the Fire Chief; e. These requirements will be applicable to the combined square footage of all building permit issued for the address or site within the last five years. Buildings or structures separated by less than ten (10) feet shall be considered as a single building or structure. 904 ALTERNATIVE AUTOMATIC FIRE-EXTINGUISHING SYSTEMS
904.13.6 Wood or Wood Product Fueled Cooking. All commercial-type cooking equipment using wood or wood products as fuel shall be protected by an automatic sprinkler system within the hood and the duct work. The water supply may be provided from the building’s fire sprinkler system, or the domestic water supply. The minimum water flow calculation shall be 20 gallons per minute (76 gpm) at 7 psi (.5 bar) for each head. There shall be a separate control valve for the fire sprinkler system protecting the commercial-type cooking equipment.
905 STANDPIPE SYSTEMS
905.13 Fire Hose Requirements. The Fire Code Official may, upon written request of the property owner, waive the requirement for fire hose in conjunction with required standpipe systems. 906 PORTABLE FIRE EXTINGUISHERS
906.3.5 Minimum Fire Extinguisher Rating. The minimum rating for a required fire extinguisher as set forth in this code shall be 2A10BC.
907 FIRE ALARM AND DETECTION SYSTEMS
907.11 False Alarms. The Fire Code Official is authorized to seek cost recovery for a Fire Department response to an alarm system activation which is determined to be a false alarm caused by system malfunction, system misuse or other non-emergency causes. 907.11.1 False Alarm Frequency. The cost recovery fee will be charged for all responses after the second false alarm in a calendar year.
907.11.2 False Alarm Fee. The amount of the cost recovery fee will be as set forth in the City of Guadalupe User Fees Schedule. Additional fees may be charged for extraordinary circumstances. 907.11.3 False Alarm—Legal Action. The Fire Code Official may initiate civil or criminal action as set forth in Guadalupe Municipal Code Chapters 1.10 and 1.11.
912 FIRE DEPARTMENT CONNECTIONS

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912.5 Signs. All Fire Department connections, fire sprinkler risers, standpipe connections, and fire pump connections shall be provided with a sign identifying its location in accordance with standards established by the Fire Code Official. Where the fire department connection does not serve the entire building, a sign shall be provided indicating the portion of the building served. 912.5.1 Existing Buildings. All existing buildings equipped with a Fire Department connection, fire sprinkler riser, standpipe connections, and fire pump connections shall have installed, signs as described in Section 912.5 when required by the fire code official. 912.8 Clear Space Makings. A 5-foot (1.5 m) clear space shall be maintained in front the fire department connection when placed directly in front of a parking area or road. Where the clearance required intrudes into the road or parking area the Fire Lane Curb Painting Requirements in section D103.6.4 must be applied.

CHAPTER 10 MEANS OF EGRESS
1013 EXIT SIGNS
1013.7 Floor Level Exit Signs. All buildings, or portions of a building with an occupant load of 50 or more shall be provided with floor level exit signs. The floor level exit signs shall be readily visible from any direction of egress travel. Access to exits shall be marked by readily visible floor level exit signs in cases where the exit or the path of egress travel is not immediately visible to the occupants. Floor level exit sign placement shall be such that no point in a corridor is more than 100 feet (30.5 m) or the listed viewing distance for the sign, whichever is less, from the nearest visible exit sign. 1013.7.1 Installation. Floor level exit signs shall be installed so the bottom of the sign is not less than 6 inches (152 mm), nor more than 12 inches (305 mm) above the adjacent grade. The sign shall be installed on the latch side of exit doors and shall be not less than 4 inches from the door opening. 1013.7.2 Floor Level Exit Sign Illumination. All floor level exit signs shall be illuminated as set forth in Sections 1013.3, 1013.5 and 1013.6.
1028 EXIT DISCHARGE
1028.5.1 Access Way Design. Required exits for all buildings shall be provided with an all-weather surface walkway from the exit discharge to a public way or safe dispersal area as defined in Section 1028.5. The minimum design for the all-weather surface walkway shall be:

1. 48 inches in width (1.2 m) (Greater width may be required based on building occupant load)

2. 84 inches clear overhead (2.5 m)

3. Asphalt or concrete material
1030 ASSEMBLY

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1030.18 Bench Seating. Where bench seating is used, the number of persons for exiting design shall be based on one person for each 18 inches (457 mm) of length of the bench. For occupant load and seat assignment, the number of persons shall be based on one person for each 24 inches (610 mm) of length of the bench. Fractional measurements shall be rounded down to the next lowest occupant number.

CHAPTER 11 CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS 1104 MEANS OF EGRESS FOR EXISTING BUILDINGS
1104.3.1 Floor Level Exit Signs. All existing buildings with an occupant load of more than 50 persons shall provide floor level exit signs as set forth in Sections 1013.7, 1013.7.1 and 1013.7.2 when the owner or the owner’s agent applies for a building permit to perform work with a value in excess of $10,000.00. 1104.26 Access Way Design. All existing buildings shall provide an all-weather surface walkway from the exit discharge to a public way or safe dispersal area as defined in Section 1028.5 when the owner or the owner’s agent applies for a building permit to perform work with a value in excess of $10,000.00. The minimum design for the all-weather surface walkway shall be:

1. 48 inches in width (1.2 m) (greater width may be required based on building occupant load).

2. 84 inches clear overhead (2.5 m).

3. Asphalt or concrete material.

CHAPTER 23 MOTOR FUEL DISPENSING FACILITIES AND REPAIR GARAGES 2306 FLAMMABLE AND COMBUSTIBLE LIQUID MOTOR FUEL-DISPENSING FACILITIES 2306.2.3.1 Fire Protection. All above-ground storage tanks for Class I, II, IIIA, and IIIB liquids shall be protected by an automatic water spray system designed and installed in accordance with NFPA Standard #15. The system shall be activated by a manual pull station and heat detectors proportionally spaced around the tank within the containment area.

Exception: Above-ground storage tanks with a fire resistance rating of 2 hours or more. 2306.2.3.2 Conditional Use Permit. Storage of Class I, II, IIIA, or IIIB liquids in above-ground tanks is not permitted in all areas of the City, except those zoning districts where the use is permitted subject to approval of a conditional use permit and a valid conditional use permit is in effect. 2306.2.3.3 Operational Permit. An annual operational permit is required as set forth in section 105.1.6, 105.5.18, and 105.5.33.
2306.4 Physical Protection. Guard posts complying with Section 312 or other approved means shall be provided to protect above-ground tanks against impact by a motor vehicle. 2306.5.1 Identification Placard for Above-ground Tanks. All above-ground tanks containing Class I, II, IIIA, or IIIB liquids shall have an identification placard permanently affixed to it. The identification placard shall have the following information:

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a. Tank owner’s name.
b. Physical address of the tank installation.
c. Product contained in tank.
d. Tank capacity.
2307 LIQUEFIED PETROLEUM GAS MOTOR FUEL-DISPENSING FACILITIES 2307.1.1 Conditional Use Permit. Storage, dispensing and use of liquefied petroleum gas in aboveground tanks exceeding 450 gallons is not permitted in all areas of the City, except those zoning districts where the use is permitted subject to approval of a conditional use permit and a valid conditional use permit is in effect.
2307.1.2 Identification Placard for Above-ground Tanks. All above-ground tanks containing liquefied petroleum gas exceeding 450 gallons shall have an identification placard permanently affixed to it. The identification placard shall have the following information:
a. Tank owner’s name.
b. Physical address of the tank installation.
c. Product contained in tank.
d. Tank capacity.
2307.1.3 Operational Permit. An annual operational permit is required as set forth in section 105.1.6, 105.5.28, and 105.5.33.
2308 COMPRESSED NATURAL GAS MOTOR FUEL-DISPENSING FACILITIES 2308.1.1 Conditional Use Permit. Storage, dispensing and use of compressed natural gas in aboveground tanks is not permitted in all areas of the City, except those zoning districts where the use is permitted subject to approval of a conditional use permit and a valid conditional use permit is in effect. 2308.1.2 Identification Placard for Above-ground Tanks. All above-ground tanks containing compressed natural gas shall have an identification placard permanently affixed to it. The identification placard shall have the following information:
a. Tank owner’s name.
b. Physical address of the tank installation.
c. Product contained in tank.
d. Tank capacity.
2308.1.3 Operational Permit. An annual operational permit is required as set forth in section 105.1.6 and 105.5.33.
2309 HYDROGEN MOTOR FUEL-DISPENSING AND GENERATION FACILITIES 2309.1.1 Conditional Use Permit. Storage, dispensing, generation, and use of hydrogen gas in aboveground tanks is not permitted in all areas of the City, except those zoning districts where the use is permitted subject to approval of a conditional use permit and a valid conditional use permit is in effect.

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2309.1.2 Identification Placard for Above-ground Tanks. All above-ground tanks containing hydrogen gas shall have an identification placard permanently affixed to it. The identification placard shall have the following information:
a. Tank owner’s name.
b. Physical address of the tank installation.
c. Product contained in tank.
d. Tank capacity.
2309.1.3 Operational Permit. An annual operational permit is required as set forth in section 105.1.6 and 105.5.33.

CHAPTER 31 TENTS AND OTHER MEMBRANE STRUCTURES
3103 TEMPORARY TENTS AND MEMBRANE STRUCTURES
3103.2 Approval Required. Tents and membrane structures having an area in excess of 400 square feet (37 m2) shall not be erected, operated or maintained for any purpose without first obtaining a permit and approval from the Fire Code Official.

Exceptions:

1. Tents used exclusively for recreational camping purposes. 3103.4 Permit. An operational permit is required as set forth in section 105.5 and 105.6 prior to occupation.

CHAPTER 32 HIGH PILED COMBUSTIBLE STORAGE
3206 GENERAL FIRE PROTECTION AND LIFE SAFETY FEATURES
3206.2.2 Speculative Building. Group F, M, and S speculative buildings as defined in Section 903.2.22 having an interior clear height greater than 12 feet where high piled storage may accrue shall comply with this chapter. The storage height shall be determined by subtracting 48 inches from the highest point of the roof above each system for ESFR and 30 inches from the highest point of the roof above each system for area density applications.
3206.2.3 Minimum Sprinkler Design Requirements for Speculative Buildings. The design of the automatic sprinkler system for speculative buildings as defined in Sections 903.2.22.2 And 3206.2.2 shall be based on storage of a cartooned Class A non-expanded plastic to the available storage height. The storage height shall be determined by subtracting 48 inches from the highest point of the roof above each system for ESFR and 30 inches for area density applications.

CHAPTER 33 FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION 3304 TEMPORARY HEATING EQUIPMENT

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3304.1.1 Temporary Heating Equipment. The use of temporary fuel-fired heating equipment shall be prohibited in all occupancies except where a permit has been issued by the Fire Code Official and Building Code Official.
3305 PRECAUTIONS AGAINST FIRE
3305.5 Fire Watch. When required by the Fire Code Official for building demolition that is hazardous in nature, qualified personnel shall be provided as an on-site fire watch. The Fire Watch shall meet the requirements set forth in Chapter 4, 403.11.1.1, 403.11.1.2, 403.11.1.3, 403.11.1.4 and 403.11.1.5 of this code
3311 ACCESS FOR FIRE FIGHTING
3311.1.1 Inspection. The Fire Code Official shall inspect and approve the Fire Department access prior to the issuance of a building permit.
3312 MEANS OF EGRESS
3312.3 Temporary Exit Signage. All buildings under construction or undergoing demolition shall be provided with temporary exit signage when any one or more of the following conditions are present:

1. The building is 2 or more stories in height.

2. The building is 10,000 square feet or larger.

3. When in the opinion of the Fire Code Official, exit signage is necessary due to the design of the building or other unusual circumstances are present.

The location and design of the exit signs shall be determined by the Fire Code Official. 3313 WATER SUPPLY FOR FIRE PROTECTION
3313.1.1 Inspection. The Fire Code Official shall inspect and approve the water system prior to the delivery of combustible materials at the job site.
3316 PORTABLE FIRE EXTINGUISHERS
3316.1 Where Required. Structures under construction, alteration or demolition shall be provided with not less than one approved portable fire extinguisher in accordance with Section 906 and sized for not less than ordinary hazard as follows:

1. At each stairway on all floor levels where combustible materials have accumulated.

2. In every storage and construction shed.

3. Throughout the building under construction in sufficient quantity so travel distance does not exceed 75 feet (23 m).

4. The minimum rating for fire extinguishers shall be 2A10BC.

5. Additional portable fire extinguishers shall be provided where special hazards exist including, but not limited to, the storage and use of flammable and combustible liquids.

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CHAPTER 56 EXPLOSIVES AND FIREWORKS
5605 MANUFACTURE, ASSEMBLY AND TESTING OF EXPLOSIVES, EXPLOSIVE MATERIALS AND

FIREWORKS
5605.1.2 Manufacturing of Fireworks and Pyrotechnic Special Effects Materials. The manufacturing of fireworks is prohibited except when licensed by the California State Fire Marshal and permitted by the Guadalupe Fire Department. For the purpose of this chapter, the altering of any firework from its original design shall be considered manufacturing.
5607 BLASTING
5607.1.1 Storage and Use of Explosives and Blasting Agents. The storage of explosive and blasting agents is prohibited in all areas of the City, except those zoning districts where the use is permitted subject to approval of a conditional use permit and a valid conditional use permit is in effect, except for temporary storage for use in connection with approved blasting operations provided a permit has been issued by the City for the temporary use. However, this prohibition shall not apply to wholesale and retail stock of small arms ammunition, explosive bolts, explosive rivets or cartridges for explosive actuation power tools in quantities involving less than 500 pounds of explosive material. 5608 FIREWORKS DISPLAY
5608.1.2 Displays. Permits issued by the Guadalupe Fire Department are required to conduct any fireworks display. Permit application to the City shall be made not less than 15 work days prior to the scheduled date of the display. At the time of permit application, the Fire Chief shall be consulted regarding the requirements for standby fire apparatus.
5614 FIREWORKS SALES
5614.1 Safe and Sane Fireworks. The manufacture, display, sales, storage, possession, use and handling of safe and sane fireworks shall be in accordance with the California Code of Regulations and this chapter. Safe and sane fireworks are those fireworks as defined by Section 12529 of the California Health and Safety Code.
5614.2 Date and Hours of Sale and Use. Safe and sane fireworks may be sold during the period beginning at twelve noon (12:00 p.m.) on the 28th day of June and ending at eleven fifty-nine (11:59 p.m.) on the 4th day of July each year pursuant to the provisions of Section 12599, California Health and Safety Code.

Daily opening and closing hours of each fireworks stand are optional as long as they fall within the times specified above. Safe and sane fireworks, as defined by Section 12529 of the California Health and Safety Code, may only be used between the hours of 11:00 a.m. and 11:59 p.m. on the 4th of July.

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5614.2.1 License—Required. No person or organization shall possess, use, sell or offer for sale any fireworks of any kind without having applied for and received a license issued by the California State Fire Marshal’s Office, as provided for in Section 12688, California Health and Safety Code. 5614.2.2 Permit—Required. No person or organization shall possess, use, sell or offer for sale any fireworks of any kind without having applied for and received a permit from the Guadalupe Fire Department.
5614.2.3 Permit—Issuance. No permits for sale of safe and sane fireworks will be issued to any person, firm or corporation except those nonprofit associations or corporations organized primarily for veteran, patriotic, welfare, civic betterment, or charitable purposes. Proof of nonprofit status may be required.

Each organization must have its principal and primary meeting place within the corporate city limits of the City of Guadalupe. No organization may receive more than one permit for one location for the sale of safe and sane fireworks during any one calendar year. a. The maximum number of permits that will be issued pursuant to this article shall not exceed one permit for each 6,000 residents of the City, or fraction thereof, based on the official City census.
b. If the number of applications exceeds the number of permits to be issued, the permittees during the preceding year shall have first priority for the available permits. Those organizations applying that are beyond the maximum number of permits issued may be put on a waiting list maintained by the Guadalupe Fire Department, if they so request.

EXCEPTIONS: Any prior permittee who fails to operate and any prior permittee who violates any rule, ordinance, regulation, or law while operating a fireworks stand in any one year shall be deemed to have withdrawn from the fireworks sale program. Applicants who are deemed to have withdrawn from the program may apply in writing to the Fire Chief for reinstatement. Prior permit holders may be returned to the program on the waiting list upon demonstrating that failure to timely submit was due to excusable negligence and the applicant otherwise meets the qualifications of this code. 5614.2.4 Permit Application. All applicants for a permit to sell fireworks shall:

1. Furnish the Guadalupe Fire Department a list of names of the organizations and the name, address, and phone number of the individual in each organization who is responsible for the retail sales of the fireworks. This list will be used to send the appropriate letters and application forms to the current list of permit applicants. The list shall be in the possession of the Guadalupe Fire Department no later than May 15th of each year so the appropriate letter and forms may be sent to the permit applicants in a timely fashion.

2. Submit a written application to sell fireworks on the form provided by the City.

3. Submit a copy of a certificate of insurance in the amount of $1,000,000.00 for public liability and property damage, indicating riders attached to the policy designating the City of Guadalupe as an additional insured.

4. Submit a “letter of permission” signed by the property owner or their authorized agent permitting the organization to erect a fireworks stand on the owner’s property.

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5. Complete and submit all required paperwork to the Guadalupe Fire Department on or before June 5th for sales to commence during the period June 28th to July 4th of the same year.

Failure to submit a complete application package by June 5th shall be deemed a withdrawal from the fireworks sale program. Applicants who are deemed to have withdrawn from the program may apply in writing to the Fire Chief for reinstatement. The applicant may be returned to the program on the waiting list upon demonstrating that failure to timely submit was due to excusable negligence and the applicant otherwise meets the qualifications of this code.
5614.2.5 Fireworks Stand Construction. Sales of safe and sane fireworks shall only be from temporary fireworks stands. Sale from any other building or structure is prohibited. Temporary fireworks stands shall be subject to the following conditions:

1. No stand shall be located within 25 feet (7.4 m) of a building or within 100 feet (31 m) of any flammable or combustible liquid or flammable gas dispensing or storage operation.

2. Fireworks stands need not comply with the Building Code. All stands must be constructed and erected in a manner that will reasonably ensure the safety of the attendants and customers.

The stands are subject to inspection by the Guadalupe Fire Department at any time and decisions as to the reasonableness of safety and construction of the stand will be determined through these inspections.

3. Fireworks stands need not obtain a conditional use permit.

4. All fireworks stands shall be erected only on commercial or industrial zoned property within the city limits of Guadalupe. No fireworks stand shall be constructed or erected on residentially zoned property.

5. Stand locations shall be approved by the Fire Department prior to construction.

6. Permittees must provide a “letter of permission” from the property owner or their authorized agent approving the use of the property for fireworks sale.

7. Fireworks stands in excess of 24 feet (7.3 m) in length shall have a minimum of 2 exits. 5614.2.6 Fireworks Stand Operation. No person shall be paid any consideration for erecting, constructing, dismantling or operating a fireworks stand.

1. No person shall be paid any consideration for selling or otherwise participating in the sale of fireworks at a stand. This includes constructing, erecting, or dismantling a fireworks stand.

2. While occupied, all fireworks stands shall have a minimum of one 2A rated water pressure fire extinguisher with a current service tag within the stand. The pressurized water type of fire extinguisher shall not be substituted with any other type.

3. All weeds, trash and other combustible debris shall be cleared for a distance of at least 25 feet (7.4 m) from the stand in all directions.

4. Doors of the stands shall not be locked on the outside. The door may be provided with a latch on the inside, provided it does not cause undue delay to anyone exiting in an emergency.

5. The interior of the stand shall be maintained in such a manner as to provide a clear pathway from any point inside to an exit at all times.

Page 22 of 28 ends

6. All electrical power to the stands shall be installed and maintained in a safe manner.

Generators and their fuel shall be stored and operated a minimum of 25 feet (7.4 m) from the stand.

7. No heating appliance shall be permitted inside of a stand or within 25 feet (7.4 m) of a stand.

8. No motor vehicle shall be parked within 25 feet (7.4 m) of a stand.

Exception: Vehicles operated by a permitted organization to pick up or deliver fireworks may be parked within 25 feet (7.4 m) of a stand.

9. All fireworks stands shall be completely emptied of fireworks and the fireworks shall be transported to the central storage facility when the stand is not open for business.

10. No person shall sleep or otherwise occupy a fireworks stand in lieu of removing the fireworks from the stand when not open for business.

11. The temporary fireworks stand will be dismantled and removed from its location not later than the Sunday of the weekend following the 4th of July of each year. It shall be the responsibility of the permittee to remove the stand. If the removal of the stand is not accomplished by this deadline, the City of Guadalupe shall remove and store it until it is redeemed by the payment of appropriate fees and interest thereon, if applicable due to the passage of time before payment is received, for its removal and storage.

5614.2.7 Fireworks Storage, Transportation and Delivery. Storage, transportation and delivery of fireworks shall be in accordance with this chapter.

1. Fireworks storage is authorized in only 2 locations: at the fireworks stands when open for business or at the City-approved centralized storage facility.

2. Fireworks wholesale distributors are responsible for obtaining an approved central storage facility. A Fire Department permit is required for the central storage facility.

3. The central storage facility shall be located only in commercial or industrial zoned areas only.

The central storage facility shall not be located on residentially zoned properties.

4. Fireworks stored in the central storage facility shall be outside of a building. Fireworks shall not be stored within a building.

5. The City of Guadalupe shall not be responsible for any costs or liabilities associated with the central storage facility.

6. The central storage facility shall be enclosed by a fence not less than 6 feet (1.9 m) in height on all sides.
a. Vehicles, trailers, or storage containers shall be placed within the storage facility so that there is a minimum distance of 20 feet (6.1 m) from the perimeter fence. b. Vehicles, trailers, and storage containers shall be kept locked at all times except when fireworks are being loaded and unloaded.
c. The central storage facility shall be approved by the Chief of Police. d. “No Smoking” signs shall be posted on the perimeter fence and at the entrance to the central storage facility. Signs on the perimeter fencing shall be placed every 30 feet (9.1 m).

7. Fireworks shall be transported directly from the central storage facility to the fireworks stands with no stops in between. Transportation shall be by wholesalers or permittees only.

8. The Fire Chief may impose additional conditions as deemed appropriate.

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5614.2.8 Violations. Violations of any provision of this chapter shall be a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed $1,000.00, or by imprisonment in the County jail for a period not exceeding 180 calendar days, or both such fine and imprisonment. An administrative citation may also be issued as set forth in Chapters 1.10 and 1.11 of the Guadalupe Municipal Code. The fine for an administrative citation shall not exceed $1,000.00 per violation, per day.

CHAPTER 57 FLAMMABLE AND COMBUSTIBLE LIQUIDS
5701 GENERAL
5701.6 Locations Where Above-ground Tanks Are Prohibited. Storage of Class I, II, IIIA, or IIIB liquids in above-ground tanks outside of buildings is not permitted in all areas of the City, except those zoning districts where the use is permitted subject to approval of a conditional use permit and a valid conditional use permit is in effect.
5701.7 Identification Placard for Above-ground Tanks. All above-ground tanks containing Class I, II, IIIA, or IIIB liquids shall have an identification placard permanently affixed to it. The identification placard shall have the following information:
a. Tank owner’s name.
b. Physical address of the tank installation.
c. Product contained in tank.
d. Tank capacity.

CHAPTER 58 FLAMMABLE GASES
5801 GENERAL
5801.3 Conditional Use Permit. The storage, use, and dispensing of flammable gases in above-ground containers exceeding 450 gallons is not permitted in all areas of the City, except those zoning districts where the use is permitted subject to approval of a conditional use permit and a valid conditional use permit is in effect.
5801.4 Identification Placard for Above-ground Tanks. All above-ground tanks containing flammable gases shall have an identification placard permanently affixed to it. The identification placard shall have the following information:
a. Tank owner’s name.
b. Physical address of the tank installation.
c. Product contained in tank.
d. Tank capacity.

CHAPTER 61 LIQUEFIED PETROLEUM GASES
6101 GENERAL

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6101.3 Construction Documents. Where a single LP-gas container is more than 450 gallons (1,704 L) in water capacity or the aggregate water capacity of LP-gas containers is more than 1,000 gallons (3,786 L), the installer shall submit construction documents for such installation. 6104 LOCATION OF LP-GAS CONTAINERS
6104.5 Conditional Use Permit. The storage, use, and dispensing of liquefied petroleum gas in aboveground containers exceeding 450 gallons (1,704 L) is not permitted in all areas of the City, except those zoning districts where the use is permitted subject to approval of a conditional use permit and a valid conditional use permit is in effect.
6104.5.1 Identification Placard for Above-ground Tanks. All above-ground tanks containing more than 450 gallons (1,704 L) of liquefied petroleum gas shall have an identification placard permanently affixed to it. The identification placard shall have the following information:
a. Tank owner’s name.
b. Physical address of the tank installation.
c. Product contained in tank.
d. Tank capacity.

15.08.030 California Fire Code Appendices adopted.

The following Appendices of the California Fire Code,2022 edition, as published by the State of California, and subsequent editions as adopted by the State of California, are adopted by reference subject to the additions, deletions, and amendments set forth in this chapter.

Appendix ‘A’ “Board of Appeals” is adopted in its entirety with the following additions and amendments:

SECTION A 101 GENERAL
A101.1 Scope. A Board of Appeals shall be established within the jurisdiction for the purpose of hearing applications for modification of the requirements of the California Fire Code as adopted and amended by the City of Guadalupe pursuant to the provisions of Section 108 of the California Fire Code.

The Board shall be established and operated in accordance with this section, and shall be authorized to hear evidence from appellants and the Fire Code Official pertaining to the application and intent of this code for the purpose of issuing orders pursuant to these provisions.

A101.3 Membership of Board. The membership of the board shall consist of 3 voting members having the qualifications established by this section. Members shall be nominated by the Fire Chief, subject to confirmation by a majority vote of the City Council.

A101.3.1 Appeals Board Members. The Board of Appeals may be comprised of any combination of the following, but must have at least one general industry or businessperson as described in subsection A101.3.1.5 of this section.

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A101.3.1.1 Design Professional. Practicing design professional registered in the practice of engineering or architecture in the State of California.

A101.3.1.2 Fire Protection Engineering Professional. Qualified engineer, technologist, technician or safety professional trained in fire protection engineering, fire science or fire technology. Qualified representatives in this category shall include fire protection contractors and certified technicians engaged in fire protection system design.

A101.3.1.3 Industrial Safety Professional. Registered industrial or chemical engineer, certified hygienist, certified safety professional, certified hazardous materials manager or comparably qualified specialist experienced in chemical process safety or industrial safety.

A101.3.1.4 General Contractor. Contractor regularly engaged in the construction, alteration, maintenance, repair or remodeling of buildings or building services and systems regulated by the code.

A101.3.1.5 General Industry or Business Representative. Representative of business or industry not represented by a member from one of the other categories of Board members described above.

A101.3.1.6 Terms of Office. Members are volunteers and shall serve without remuneration or compensation and shall serve at the pleasure of the City Council.

Appendix B, Fire-Flow Requirements for Buildings, is adopted in its entirety.

Appendix C, Fire Hydrant Number and Distribution, is adopted in its entirety, except Table. C102.1 is replaced with the following table:

TABLE C102.1

NUMBER AND DISTRIBUTION OF FIRE HYDRANTS

FIRE-FLOW

REQUIREMENT (GPM)

MINIMUM NUMBER OF

HYDRANTS
HYDRANT SPACINGa, b
(feet)

MAXIMUM DISTANCE

FROM ANY POINT ON

STREET OR ROAD

FRONTAGE TO A

HYDRANT
1,750 or less 1 400 200
2,000 to 2,250 2 400 200
2,500 3 400 200
3,000 3 400 200
3,500 to 4,000 4 350 200
4,500 to 5,000 5 300 150
5,500 6 300 150

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6,000 6 250 150
6,500 to 7,000 7 250 150
7,500 or more 8 or morec 200 125
a. Where streets are provided with median dividers which can be crossed by firefighters pulling hose lines, or where arterial streets are provided with 4 or more traffic lanes and have a traffic count of 30,000 vehicles per day, hydrant spacing shall average 350 feet on each side of the street and be arranged on an alternating basis up to a fire-flow requirement of 7,000 gallons per minute and 300 feet for higher flow requirements.
b. Where new water mains are extended along streets where hydrants are not needed for protection of structures or similar fire problems, fire hydrants shall be provided at spacing not to exceed 600 feet for transportation hazards.
c. One hydrant for each 1,000 gallons per minute or fraction thereof. Flow requirements will be rounded up to the next highest 1,000 gallon per minute increment.

Appendix ‘D’ “Fire Apparatus Access Roads” is adopted in its entirety. With the following additions.

D103.6.3 Fire Lane Sign Requirements. No Parking/Fire Lane signs must follow these guidelines:
a. The CVC Code 22500.1 (CVC 22500.1) must be imprinted on the bottom of the sign. b. All lettering shall be red on white reflective background no smaller than 2 inches in height. c. The sign shall be no smaller than 12 inches wide by 18 inches high. d. The sign shall be securely mounted facing the direction of travel and clearly visible to oncoming traffic entering the designated area. Signs shall be of durable material. e. Signs shall be installed at all driveway entrances and at intervals of not less than 100 feet along all designated fire lanes.

D103.6.4 Fire Lane Curb Painting Requirements. Where a curb exists adjacent to a fire lane, the top and face of the curb shall be painted with red traffic paint. Where the curb is discontinued, a red stripe and stencil as described below shall be painted to define the fire lane. Red curbs, red stripes and white stencils must be maintained in good condition and follow these guidelines:
a. The face of the curb shall be stenciled with the words: NO PARKING FIRE LANE in white block letters a minimum 4 inches in height.
b. The stencil must be painted on the FACE of the curb. Exception: Under circumstances where the curb height is less than 4 inches, the stencil may appear on the top of the curb. c. The stencil must appear every 50 feet or less, depending on the configuration of the fire lane. (Where a small island cannot contain both phrases, FIRE LANE must appear the NO PARKING may be omitted).
d. Where no curb exists adjacent to the fire lane, the edge of the fire lane shall be marked with an 8 inch wide red stripe. In addition, a diagonal 8 inch wide red stripe may be required between the edges of the fire lane, with the diagonal stripe connecting the stripes or curbs at the edges of the fire lane. Spacing of the diagonal stripe is every 50 feet.

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e. The stripe shall be stenciled with the words NO PARKING FIRE LANE in white block letters, minimum 4 inches in height.
f. The stencil must appear every 50 feet or less, depending on the configuration of the fire lane. If the fire lane is less than 50 feet the stencil must appear at the beginning and end of the fire lane.

Appendix ‘E’ “Hazard Categories” is adopted in its entirety.

Appendix ‘F’ “Hazard Ranking” is adopted in its entirety.

Appendix ‘G’ “Cryogenic Fluids – Weight and Volume Equivalents” is adopted in its entirety.

Appendix ‘I’ “Fire Protection Systems – Noncompliant Conditions” is adopted in its entirety.

Appendix ‘K’ “Construction Requirements for Existing Ambulatory Care Facilities” is adopted in its entirety.

Appendix ‘N’ “Indoor Trade Shows and Exhibitions” is adopted in its entirety.

Section 4. Publication and Effective Date. Within fifteen (15) days after passage, the City Clerk shall cause this ordinance to be posted in three publicly accessible locations in the City. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on January 1, 2023.

Section 5. Savings and Interpretation Clause. This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state law, including, without limitation, the Government Code of the State of California. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and its sections, subsections and clauses in regards to other contracts, shall not be affected.

INTRODUCED at a regular meeting of the City Council held this 8th day of November 2022, by the following vote:

MOTION: EUGENE COSTA JR. / LILIANA CARDENAS
AYES: 5 Councilmembers: Ramirez, Cardenas, Julian, Robles, Costa Jr.

NOES: 0
ABSENT: 0
ABSTAINED: 0

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PASSED AND ADOPTED at a regular meeting of the City Council held this 22nd day of November 2022, by the following vote:

MOTION
AYES:

NOES:

ABSENT:

ABSTAINED:

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Agenda Item No. 6G

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of November 22, 2022

_______________________________ _________________________________ Prepared by: Approved by:

Shannon Sweeney Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: Adoption of a Resolution approving budget amendment and time extension for design services for the Highway 1 and Pioneer Lift Station replacement projects.

RECOMMENDATION:

That the City Council adopt Resolution No. 2022-101 approving budget amendment and time extension for design services for the Highway 1 and Pioneer Lift Station replacement projects and authorizing the Mayor to sign Amendment No. 2 to the agreement between the City and Michael K. Nunley and Associates.

BACKGROUND:

Highway 1 Lift Station Replacement, Pioneer Lift Station Replacement, and the sewer trunk main replacement were identified as necessary in the 2014 Wastewater Master Plan. The original agreement for preconstruction work on the Highway 1 and Pioneer Lift Stations and sewer line replacement was awarded to Michael K. Nunley and Associates (MKN) on July 26, 2016, as part of Resolution No. 2016-

53. This agreement authorized $219,710.00 for this work, and allowed the City Administrator to authorize any necessary, unanticipated amendments to the agreement up to a total cost of $250,000.00.

The initial pre-construction design work was completed using funds from the Integrated Regional Water Management Program (IRWMP) Disadvantaged Communities (DACI) planning grant. Those grant funds have been expended. On April 27, 2022, the City Administrator authorized expenditures up to $250,000.00 and extended the term of the agreement to July 2023. $248,698.07 has been spent to date, leaving only $1,301.93 available for the design services for these two remaining projects.

Trunk Main Replacement Project
In mid-2022, the trunk main project was completed. MKN assisted City staff throughout construction of this project, including submittal review and sewer line realignments when unanticipated underground conditions were discovered during construction. The teamwork exhibited by the construction contractor, inspector, MKN, and City staff resulted in a highly successful, albeit complicated, project involving replacement of a sewer line carrying over three-quarters of the City’s wastewater flow.

Highway 1 Lift Station Replacement Project
The City submitted an encroachment permit application to Caltrans for the Highway 1 Lift Station Replacement Project in March 2022. The submittal package included the original plans for this project.

Shannon Sweeney

Page 2 of 2 ends

Caltrans issued multiple comment letters which involved adjustment to the original plans to meet Caltrans requirements. MKN was instrumental in helping City staff respond to Caltrans comments and update the plans. Caltrans issued the encroachment permit for this project on October 21, 2022. This project is scheduled to go out to bid for construction once the plans, specifications, and bid documents are finalized to address some minor outstanding items. This project is in the fiscal year 22 – 23 budget.

It is crucial to complete the design for the Highway 1 Lift Station as soon as possible so the construction phase can commence.

Pioneer Lift Station Replacement Project
This project is not currently budgeted in the fiscal year 22 – 23 budget but was considered in the Utility Rate Study. The City has applied for $990,000.00 in Proposition 1, Round 2 funding for this project. This project also encroaches on Caltrans right-of-way and requires an encroachment permit. Given the time needed to obtain the Highway 1 Lift Station encroachment permit, City staff would like to submit this encroachment permit application for the Pioneer Lift Station project as soon as possible so that construction may proceed once funding is available. City staff anticipate needing MKN’s assistance in working through the encroachment permit process. The design services for the Pioneer Lift Station need to continue during the application process for the $990,000.00 in funding for construction so that this project will not be delayed once funding is obtained.

DISCUSSION:

These lift station projects are highly complex, involving multiple engineering disciplines including civil, mechanical, and electrical. In addition, both encroach on Caltrans right-of-way, requiring Caltrans encroachment permits, and must remain operational during construction. Failure to proceed on these projects without the benefit of outside expertise could lead to costly change orders or delays. MKN has unique knowledge on these projects and maintaining their presence will provide continuity towards successful completion of these projects.

FISCAL IMPACT:

The wastewater fund has $403,836.11 as of September 30, 2022, that may be used for professional services. The design engineer has estimated that an additional $68,292.00 is needed to complete design services for these two projects, and there are sufficient funds in the wastewater fund to cover this amount.

ATTACHMENTS:

1. Resolution No. 2022-101 budget and time extensions for design services for the Highway 1 and Pioneer Lift Station replacement projects

2. Amendment 2 – Michael K. Nunley and Associates

Page 1 of 2 ends

RESOLUTION NO. 2022-101

A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE
APPROVING BUDGET AMENDMENT AND TIME EXTENSION TO MICHAEL K. NUNLEY AND ASSOCIATES FOR HIGHWAY 1 AND PIONEER LIFT STATIONS DESIGN SERVICES WHEREAS, the 2014 Wastewater Master Plan identified the need to replace over 3,000 feet of sewer trunk main, Highway 1 Lift Station, and Pioneer Lift Station; and WHEREAS, the original agreement for design services for these projects between the City and Michael K. Nunley and Associates (MKN), approved in Resolution No. 2016-53 for $250,000.00 (Agreement), also delegated to the City Administrator the authority for up to an additional 15% if necessary; and WHEREAS, additional amounts within this 15% authority were required for the consultant’s services and an Amendment to the Agreement (Amendment No. 1) was entered into on April 27, 2022, but the additional funds authorized are nearly expended, with only $1,301.93 remaining; and WHEREAS, the sewer trunk main project construction is complete, and the design engineer estimates an additional $68,292.00 is needed to complete the design services for the two lift stations; and WHEREAS, a budget amendment and time extension of the existing agreement with MKN will provide the continuity needed to ensure successful completion of these highly complex projects.

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

SECTION 1. Amendment No. 2 to the Agreement for Consulting Services Between the City of Guadalupe and Michael K. Nunley and Associates, attached to the staff report for this item, is hereby approved.

SECTION 2. The Mayor is authorized to sign Amendment No. 2 to the Agreement with Michael K.

Nunley and Associates on behalf of the City in the amount of $68,292.00 and extending the term of the Agreement to December 31, 2023.

SECTION 3. The City Administrator is authorized to approve up to 15% of the estimated cost, if deemed necessary.

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

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 22nd day of November 2022 by the following vote:

ATTACHMENT 1

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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. 2022-101, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held November 22, 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
AMENDMENT NO. 2
TO

AGREEMENT FOR CONSULTANT SERVICES BETWEEN

THE CITY OF GUADALUPE
AND
MICHAEL K. NUNLEY AND ASSOCIATES
This Amendment No. 2 to the Agreement for Consultant Services between the City of Guadalupe and Michael K. Nunley and Associates (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 Michael K. Nunley and Associates ("Consultant").

WHEREAS, City and Consultant entered into an Agreement on July 26, 2016, after City Council approval; and
WHEREAS, the Agreement was amended on April 27, 2022, to extend the time and adjust the budget, which amendment was entered into by the City Administrator since the budget adjustment was within the amount authorized by the City Council and delegated to the City Administrator when the original agreement was approved by the Council (Amendment No. 1); and
WHEREAS, the Highway 1 Lift Station project portion of the Agreement has not been completed, in part, due to Caltrans’ comments made in connection with the required encroachment permit, necessitating adjustments to the original plans to meet Caltrans’ requirements; and
WHEREAS, design of the Pioneer Lift Station project has also not been completed; and WHEREAS, the City is satisfied with the performance of Consultant and requires Consultant’s continued services; and
WHEREAS, additional funds are required to pay Consultant for these continued services that are above the authorized amounts in the Agreement and Amendment No. 1; and WHEREAS, the City now wishes to further extend the term of the Agreement to permit Consultant to complete the work required under the Agreement and adjust the budget for the remaining work in an estimate amount of $68,290.00.

NOW, THEREFORE, in consideration of the foregoing recitals and in mutual consideration of the covenants and conditions set forth in the Agreement, the parties agree as follows:

All of the terms and conditions of the original Agreement and Amendment to the Agreement remain the same, except as follows:

ATTACHMENT 2

1. Section 1. Term of Agreement. Subject to the provisions of Section 18 (Termination of Agreement) of this Agreement, the term of this Agreement is extended until December 21, 2023.

2. Section 2. Scope of Services. Consultant agrees to perform the services set forth in new Exhibits A-1 and A-2 (Scope of Services) attached hereto and made a part of the Agreement.

3. 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 new Exhibits B-1 and B-2 (Compensation) attached hereto and made a part of the Agreement.

CITY: CONSULTANT:

CITY OF GUADALUPE MICHAEL K. NUNLEY AND ASSOCIATES
By: ______________________________ By: ________________________________ Ariston D. Julian, Mayor

APPROVED AS TO FORM:

__________________________________
Philip Sinco, City Attorney

Eileen Shields, PE, Principal Engineer
MKN & Associates, Inc.

P O Box 1604
Arroyo Grande CA 93421
805 904 6530
ESDC – Highway 1 Lift Station Replacement Project
November 7, 2022
Shannon Sweeney, PE
Public Works Director/Engineer
City of Guadalupe
(Submitted Electronically)
RE: Proposal for Engineering Services During Construction- Highway 1 Lift Station Replacement Project Dear Shannon,

PROJECT UNDERSTANDING
Michael K. Nunley & Associates, Inc. (MKN) is pleased to provide this proposal for Engineering Services During Construction (ESDC) of the Highway 1 Lift Station Replacement Project.

The following scope of work outlines the proposed project tasks.

SCOPE OF WORK
Task Group 1- Final Construction Documents
MKN completed Draft Final Plans and Specifications (95%) for the Highway 1 Lift Station located on Guadalupe Street (Highway 1) in October of 2018. Since this time MKN has been working with the City to make revisions to the plans and specifications to address Caltrans encroachment permit comments/requirements. Prior to issuing final construction documents, MKN will update the plans and specifications to address requested revisions to the screening of the lift station, landscaping, and fence limits. In addition, the electrical plan and specifications will be updated to current standards/codes.

Specified products will be checked to confirm current model numbers and availability. PGE will also be contacted to re-verify service application requirements and approach.

Task Group 2- Engineering Services During Construction
The following engineering services during construction will be provided. Assumptions are included as the basis for the budget.

2.1 Pre-Construction and Progress Meetings
MKN will attend meetings as requested with the City and the Contractor to review the project status, discuss schedule and project requirements, and establish lines of communication. Our budget assumes up to three (3) meetings.2.2 Submittal Review
MKN will review technical submittals forwarded by the City and provide responses in a timely manner.

For budgeting purposes, we have assumed MKN staff will provide up to thirty (30) hours of submittal review. Our subconsultant, IRJ Engineers, will review electrical submittals.

2.3 Respond to RFIs
MKN will respond to Requests for Information (RFIs) from the Contractor forwarded by the City. For budgeting purposes, we have assumed up to eight (8) RFIs. Our subconsultant, IRJ Engineers, will review electrical RFIs.

EXHIBIT A-1
Shannon Sweeney, PE

Page 2 ends

ESDC – Highway 1 Lift Station Replacement Project

2.4 Respond to Requests for Change Orders
As directed by the City, MKN will review proposed change orders submitted by the Contractor or requested by the City. MKN’s review will include the potential impacts on the project schedule and budget and will include recommendations to address the proposed changes. Our budget assumes up to two (2) Change Orders.

2.5 Engineer’s Observation of Work in Progress
MKN will perform technical field observation at the City’s request to review work progress for general conformance with the plans and specifications. For budgeting purposes, we have assumed MKN staff will provide up to twelve (12) hours of observation. Our subconsultant, IRJ Engineers, will provide up to two site visits during construction.

2.6 Lift Station Startup Support
For the Effluent Pump Station Project, MKN will be present onsite during startup of the pumps and control systems to assist in addressing issues, and to evaluate the startup program’s conformance with the contract requirements. For budgeting purposes we have assumed MKN staff will be onsite for one (1) 8- hour day during startup.

2.7 Record Drawings
MKN will prepare a final set of record drawings based on the Contractor’s redlines. It is assumed the City and/or the project Construction Manager will review the Contractor’s redlines for completeness and accuracy based on the work performed. Record drawings will be provided to the City as a pdf and CAD file of the drawings.

ASSUMPTIONS
• MKN shall be entitled to rely reasonably upon the accuracy of data and information provided by or through Client and will use good professional judgment in reviewing and evaluating such information. If MKN identifies any error or inaccuracy in data or information provided by or through Client, or determines that additional data or information is needed to perform the services, MKN shall promptly notify the client.
• City will be managing and distributing submittals and RFIs for review. • City will review Contractor’s redlines for completeness and accuracy.

BUDGET AND SCHEDULE
If approved to perform this work, MKN will proceed on a time and materials basis with a budget not to exceed $32,510. Overall level of effort for ESDC can vary greatly. If additional effort beyond our assumed budget is necessary, MKN will alert the City promptly with a recommendation on how to proceed.

The project will be invoiced monthly according to the attached standard rate sheet.

Record drawings will be prepared within three weeks following receipt of Contractor’s as-built drawings.

Shannon Sweeney, PE

Page 3 ends

ESDC – Highway 1 Lift Station Replacement Project
We hope this proposed scope meets your expectations. We are happy to answer any questions you have and look forward to working with you.

Sincerely,
J.J. Reichmuth, PE
Attachments:

Budget Spreadsheet
Standard Fee Schedule
MKN & Associates, Inc.

P O Box 1604
Arroyo Grande CA 93421
805 904 6530
Final Construction Documents and ESDC – Pioneer Lift Station Replacement Project November 7, 2022
Shannon Sweeney, PE
Public Works Director/Engineer
City of Guadalupe
(Submitted Electronically)
RE: Proposal for Final Construction Documents and Engineering Services During Construction- Pioneer Lift Station Replacement Project
Dear Shannon,

PROJECT UNDERSTANDING
Michael K. Nunley & Associates, Inc. (MKN) is pleased to provide this proposal for providing final Construction Documents and providing Engineering Services During Construction (ESDC) of the Pioneer Lift Station Replacement Project.

The following scope of work outlines the proposed project tasks.

SCOPE OF WORK
Task Group 1- Final Construction Documents
MKN completed Draft Final Plans and Specifications (95%) for the Pioneer Lift Station located at the intersection of Pioneer Street and 8th Street in October of 2018. Since this time MKN has been working with the City making minor revisions to the plans and specifications to address initial Caltrans encroachment permit comments/requirements. Additional tasks required prior to issuing final construction documents are outlined below.

1.1 Caltrans Encroachment Permit Plans
An initial Caltrans encroachment permit request was submitted by the City in early 2020 for work to be performed within Highway 1 associated with the Pioneer and Highway 1 lift station projects. Initial comments were received (February 2020) and responses were provided to the City. Subsequently the City focused efforts to obtain an encroachment permit for only the Highway 1 Lift Station.

The City is now interested in finalizing the Pioneer Lift Station Construction Plans so that the project can be placed out to bid following the Highway 1 Lift Station bidding. A Caltrans encroachment permit is still required for the project and revisions to the plans and specifications will be needed to obtain the approved permit. MKN has estimated an initial submittal including applicable plan revisions made during the Highway 1 Lift Station approval process and two subsequent plan revisions to address Caltrans comments. It is assumed the City will prepare permit response letters and will send the response package (letter and plans) to Caltrans.

EXHIBIT A-2
Shannon Sweeney, PE

Page 2 ends

Final Construction Documents and ESDC – Pioneer Lift Station Replacement Project

1.2 Electrical Plans and Specifications Update
Our subconsultant, IRJ Engineers, will update previously prepared electrical drawings and specifications to include current code references, update specified product model numbers for currently available models and will contact PGE to re-coordinate procedures and requirements for changes to the existing electrical service.

Task Group 2- Engineering Services During Construction
The following engineering services during construction will be provided. Assumptions are included as the basis for the budget.

2.2 Submittal Review
MKN will review technical submittals forwarded by the City and provide responses in a timely manner.

For budgeting purposes, we have assumed MKN staff will provide up to thirty (30) hours of submittal review. Our subconsultant, IRJ Engineers, will review electrical submittals.

Shannon Sweeney, PE

Page 3 ends

Final Construction Documents and ESDC – Pioneer Lift Station Replacement Project

BUDGET AND SCHEDULE
If approved to perform this work, MKN will proceed on a time and materials basis with a budget not to exceed $35,782. Overall level of effort for ESDC can vary greatly. If additional effort beyond our assumed budget is necessary, MKN will alert the City promptly with a recommendation on how to proceed.

The project will be invoiced monthly according to the attached standard rate sheet.

Record drawings will be prepared within three weeks following receipt of Contractor’s as-built drawings.

We hope this proposed scope meets your expectations. We are happy to answer any questions you have and look forward to working with you.

Sincerely,
J.J. Reichmuth, PE
Attachments:

Budget Spreadsheet
Standard Fee Schedule
2022 FEE SCHEDULE FOR

PROFESSIONAL SERVICES

ENGINEERS AND TECHNICAL SUPPORT STAFF
Engineering Technician $93/HR
Administrative Assistant $103/HR
CAD Technician I $118/HR
CAD Design Technician II $144/HR
Senior Designer $160/HR
Assistant Engineer I $129/HR
Assistant Engineer II $149/HR
GIS Specialist $155/HR
Planner $175/HR
Senior Planner $196/HR
Project Engineer I/ Senior Scientist $175/HR
Project Engineer II $185/HR
Senior Project Engineer I $196/HR
Senior Project Engineer II $204/HR
Project Manager $206/HR
Principal Engineer $227/HR
Project Director $258/HR

CONSTRUCTION MANAGEMENT SERVICES
Construction Inspector $162/HR
Assistant Resident Engineer $169/HR
Resident Engineer $184/HR
Construction Inspector $197/HR
Construction Manager $201/HR
Principal Construction Manager $236/HR
The foregoing Billing Rate Schedule is effective through December 31, 2022 and will be adjusted each year after at a rate of 2 to 5%.

DIRECT PROJECT EXPENSES
OutsideReproduction Cost + 10%
Subcontracted or Subconsultant Services Cost + 10%
Travel & Subsistence (other than mileage) Cost
Auto Mileage Current IRS Rate ‐ $.58.5/mi.

EXHIBIT B-1
City of Guadalupe
Highway 1 Lift Station Replacement
Principal Engineer
Assistant Engineer II
Senior Designer
Administrative Assistant
Total Hours (MKN)
Labor (MKN)
IRJ Engineers (Electrical)
Non‐Labor Costs
Total Fee
Hourly Rates 227 149 160 103
Task Group 1: Final Construction Documents
Final Plans and Specifications Update 6 6 8 2 22 $3,742 3,465$ $3,465 7,207$ Subtotal 6 6 8 2 22 3,742$ 3,465$ 3,465$ 7,207$
Task Group 2: Engineering Services During Construction
Task 2.1 Pre‐Construction and Progress Meetings 6 6 $1,362 $ ‐ $0 1,362$Task 2.2 Submittal Review 12 16 2 30 $5,490 3,300$ $3,300 8,790$Task 2.3 Respond to RFIs 4 12 2 18 $3,034 $ 1,100 $1,100 4,134$ Task 2.4 Respond to Requests for Change Orders 4 4 $908 $ ‐ $0 908$ Task 2.5 Engineer's Observation of Work in Progress 4 8 12 $2,188 1,100$ $1,100 3,288$Task 2.6 Lift Station Startup Support 8 8 $1,816 1,100$ $1,100 2,916$ Task 2.7 Record Drawings 2 4 12 18 $2,970 935$ $935 3,905$ Subtotal 40 4 48 4 96 17,768$ 7,535$ 7,535$ 25,303$
TOTAL BUDGET 46 10 56 6 118 $21,510 11,000$ 11,000$ 32,510$ EXHIBIT B-1
2022 FEE SCHEDULE FOR

PROFESSIONAL SERVICES

DIRECT PROJECT EXPENSES
OutsideReproduction Cost + 10%
Subcontracted or Subconsultant Services Cost + 10%
Travel & Subsistence (other than mileage) Cost
Auto Mileage Current IRS Rate ‐ $.58.5/mi.

EXHIBIT B-2
City of Guadalupe
Pioneer Lift Station Replacement
Principal Engineer
Assistant Engineer II
Senior Designer
Administrative Assistant
Total Hours (MKN)
Labor (MKN)
IRJ Engineers (Electrical)
Non‐Labor Costs
Total Fee
Hourly Rates 227 149 160 103
Task Group 1: Final Construction Documents
Task 1.1 Caltrans Encroachment Permit Plans 8 12 20 2 42 $7,010 $ ‐ $0 7,010$Task 1.2 Electrical Plans and Specifications Update 2 2 4 $774 2,695$ $2,695 3,469$ Subtotal 10 12 22 2 46 7,784$ 2,695$ 2,695$ 10,479$
Task Group 2: Engineering Services During Construction
Task 2.1 Pre‐Construction and Progress Meetings 6 6 $1,362 $ ‐ $0 1,362$ Task 2.2 Submittal Review 12 16 2 30 $5,490 3,300$ $3,300 8,790$ Task 2.3 Respond to RFIs 4 12 2 18 $3,034 1,100$ $1,100 4,134$ Task 2.4 Respond to Requests for Change Orders 4 4 $908 $ ‐ $0 908$ Task 2.5 Engineer's Observation of Work in Progress 4 8 12 $2,188 1,100$ $1,100 3,288$Task 2.6 Lift Station Strartup Support 8 8 $1,816 1,100$ $1,100 2,916$ Task 2.7 Record Drawings 2 4 12 18 $2,970 935$ $935 $ 3,905 Subtotal 40 4 48 4 96 17,768$ 7,535$ 7,535$ 25,303$
TOTAL BUDGET 50 16 70 6 142 $25,552 10,230$ 10,230$ 35,782$ EXHIBIT B-2

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Agenda Item No. 6H

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of November 22, 2022
_______________________________
Prepared by:

Todd Bodem, City Administrator
SUBJECT: Approval for the Amended Scope of Work and Budget for Subrecipient Agreement with Los Amigos de Guadalupe (LADG).

RECOMMENDATION:

It is recommended that the Council approve the amended scope of work (Exhibit A) and budget (Exhibit B) for the City’s Agreement with Los Amigos de Guadalupe.

BACKGROUND:

Rural Community Development Corporation of California (RCDCC) entered into a consultant agreement with the City in October of 2018 to manage the Community Development Block Grant (CDBG) contract (#17CDBG12099) which included project management of the Le Roy Park and Community Center renovation and the completion of the Resilience-Guadalupe Plan. On October 27, 2020, the City entered into a new agreement with RCDCC and added management of two more grants CDBG CV1 (20CDBGCV100085) and CDBG ED (20CDBG12089) to RCDCC.

On March 4, 2021, RCDCC changed its name to Los Amigos de Guadalupe (LADG), and the City Council substituted LADG in place of RCDCC in the October 27, 2020, agreement (by a novation agreement) at its meeting on April 13, 2021.

In recent months, the City and LADG have discussed revising LADG’s scope of work to better reflect the current services it is providing as well as to meet the City’s future needs. Since the last update to the agreement (in October 2020), LADG has assumed responsibilities related to the City’s Senior Meals Program and the Microenterprise Program in addition to its continued administration duties for prior grants and the resiliency plan. In the future, the City will require the services of LADG to assist it with the renovation of the Royal Theatre.

DISCUSSION:

The agreement approved by the City Council on October 27, 2020, was envisioned to be an on-going agreement, although the scope of work and budget were expected to change and be updated periodically. With the expansion of the services LADG is providing to the City as well as additional services the City wishes LADG to perform related to the Royal Theater renovation that the City, it is

Page 2 of 2 ends

appropriate to update the scope of work and the budget for the existing agreement between the City and LADG.

Accordingly, a new scope of work and budget have been prepared to be substituted in place of the existing scope of work and budget under the agreement between the City and LADG. The existing agreement is attached hereto (Attachment 1) with the current scope of work and budget (Exhibits A and B, respectively). Staff is recommending that these two exhibits be replaced with the revised scope of work and budget documents as Exhibits A and B, respectively, to the agreement. The revised scope of work and budget documents are attached hereto as Attachment 2.

FISCAL IMPACT:

LADG’s services are entirely funded by grant proceeds, and therefore, there is no impact to the City’s general fund revenues.

ATTACHMENTS:

1. Agreement between LADG and the City of Guadalupe

2. Amended Scope of Work (Exhibit A) and Amended Budget (Exhibit B) to Agreement between LADG and the City of Guadalupe

AGREEMENT FOR CONSULTANT SERVICES

BETWEEN

THE CITY OF GUADALUPE
AND

RURAL COMMUNITY DEVELOPMENT CORPORATION OF CALIFORNIA
THIS AGREEMENT FOR CONSULTANT SERVICES (the "Agreement") is made and entered into this 27th day of October 2020, by and between the CITY OF GUADALUPE, a municipal corporation ("City") and Rural Community Development Corporation of California (RCDCC), Inc., a California Nonprofit Corporation ("Subrecipient").

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 shall automatically continue upon expiration for an additional one (1) year term, until either party gives at least 60 days' written notice to the other of termination.

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

Section 3. Additional Services. Subrecipient shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to or outside of those set forth in this Agreement or listed in Exhibit A (Proposal and Work Program). unless such additional services are authorized in advance and in writing by the City Council or City Administrator of City. Subrecipient 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 Subrecipient the amounts specified in Exhibit B (Budget) and made a part of this Agreement.
(b) Each month Subrecipient shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by subcategory), travel, materials, equipment, supplies, sub-consultant contracts and miscellaneous expenses. City shall independently review each invoice submitted by Subrecipient 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).

ATTACHMENT 1

Exhibit A – Scope of Work
Scope of Work:

For all grant contracts awarded to the City, and assigned to LADG, LADG will ensure all contract obligations are completed, and completed within the contract periods. This includes all reporting requirements, submission of all required documents, and primary contact work with funding agencies.

LADG will ensure an open communication with the City on all necessary communication between the City and the funding agencies. LADG will also provide, as needed, any needed presentation, training or simple explanation of the funding sources and their requirements for both the application process and the contacting period.

LADG will research grant funding sources that would benefit the City and their Goals and Objectives.

When assigned, LADG will complete the full application process for a grant source once the City agrees that the grant program would be beneficial to the City’s Goals and Objectives.

LADG will operate at the Guadalupe Senior Center and ensure all City requirements are completed in a timely manner. All necessary repairs/maintenance of the building will be reported to the City for approval of work to be done and to determine who will do the work. LADG staff will also ensure all facility equipment is maintain and kept secure.

For each new awarded funding, LADG will work with City staff on roles, responsibilities and determine what gaps in capacity for implementation of the grant award and fill that gap.

LADG will submit budgets for each new award where LADG will be involved in the contract implementation for Council approval. The Budget will include line-item detail as contract scope of work if needed.

LADG, when managing CDBG or other federally funded grant awards, will provide the City with the technical assistance on all federal requirements (NEPA, Prevailing wage, procurement, Section 3, MBE/WBE, for example) and either implement these requirements or ensure appropriate consultants are hired.

LADG will provide ongoing outreach assistance to the City using website, flyers, interested parties’ lists, and social media to promote and encourage community involvement in City projects and activities.

ATTACHMENT 2
LADG will submit a monthly report to the city council as request by City Council or staff. LADG staff will be present at the council meeting for council questions whenever a project or activity LADG is involved in with the City.

Exhibit B - Cost Proposal/Budget
Budget Item Amount Comments
Contract Administration
CDBG
$27,000 Remaining Amounts for 20CDBG12089 (microenterprise) 20CDBGCV23-00015 (senior meals). Note:
work also includes closing out the 17CDBG12099 and
the 20CDBGCV1-0085 contracts.

Resilience Plan $15,000 Remaining work/funds from 17CDBG12099 Senior Meals Program $180,000 Remaining funds to operate the Senior Meals Program. This amount represents the staffing costs
needed for LADG to operate a congregate and home
delivery senior meals program. These funds have also
been used to purchase all the equipment needed to a
permitted kitchen, repairs to bring it up to permitting and fire department standards, and to pay for all
facility operating costs.

Microenterprise
Program
$40,000 Remaining CDBG ED operating costs to run the
program that includes both technical and financial
assistance. Available funds also include addition
$150,000 set aside for Grants (max $10,000 for
eligible Guadalupe micro-businesses). Remaining
operating funds could be moved to the Grant funds
bucket. Contract end date: 6/30/2024
Royal Theatre 300,000 The Royal Theatre Project will have three sources of funds that LADG will manage on behalf of the City:
federal Economic Development Administration,
California Arts Council and Historic Tax Credits (this
could be both state and federal tax credits). LADG will both manage the project, as we have been doing to
date, and administer each funding source to ensure
project/funding and reporting compliance
requirements.

Project Manager (3 years $52,000 per year)
Grant Manager (4 years $120,000)
Other Costs (4 years $28,000)
End dates vary on each contract with the earliest
being 2027.

TOTAL $562,000
*Note, not included above is the remaining in City ARRP funds to support the economic development work at LADG that is not fundable under the above grants, which has a remaining amount of $25,000.

The above is based on two types of work LADG is completing for the city. Firstly, each contract has unique requirements from reporting to funds requests, to maintaining public reports. This contract management work is required for the life of each grant and includes numerous “close out” requirements (see scope of work). Secondly, as per the city request, LADG is implement activities: operating a Senior Meals program (delivery and congregate), a microenterprise assistance program, along with the Royal Theatre project. LADG will continue to support the city in whatever way the city needs support and LADG has the staff, volunteers and interns to help.

Agenda Item No. 6I

REPORT TO THE GUADALUPE CITY COUNCIL
Agenda of November 22, 2022
__________________________________
Prepared by:

Todd Bodem, City Administrator
SUBJECT: “Add services" amendment to agreement for architectural and engineering services between the City of Guadalupe and Andrew Goodwin Designs for bidding and construction administration for the construction phase of the Royal Theater Renovation Project in amount not to exceed $202,635.

RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 2022-102 approving an “add service” amendment to the agreement with Andrew Goodwin Designs for architect and engineering work with respect to bidding and construction administration for the construction phase of the for Royal Theater renovation project.

BACKGROUND:

Constructed in 1939, the Royal Theater operated as an active movie theater until closed in 1989.

Following its closure, the building was intermittently used for a variety of purposes including a performing arts theater and public meeting space until 2011. In 2011 it was red tagged due to a minor interior electrical fire. The former Redevelopment Agency of the City of Guadalupe (RDA) purchased the property in 2001 and with the dissolution of the RDA ownership transferred to the Successor Agency (SA) in 2012. In accordance with state law, the SA adopted a Long-Range Property Management Plan (LRPMP) to guide the disposition of the property. The LRPMP stipulates that the theater should be transferred to the City and ultimately the theater should be renovated as some form of Public Performing Arts Center.

On September 10, 2019, the City Council directed staff to develop a Request for Proposals (RFP) to renovate the Royal Theatre and adjacent two lots.

On January 14, 2020, the City Council approved the hiring of Lisa Wise Consulting, inc. for develop the RFP.

The final RFP was release March 16th, 2020, and deadline date of May 1, 2020. No proposal was received.

In September of 2020, the City hired Carole Denardo to complete a historic resource inventory and evaluation of the Royal Theatre building at 848 Guadalupe Street to determine if the Royal Theater meet the criteria to be both a federal and state historical property. The report was submitted to the City in February 2021 and indicated the Royal Theatre building meets the eligibility standards for the National Register/California Register.

On February 25, 2021, the City Council approved Carole Denardo to complete the application for submission to the National Register, allowing the Royal Theatre building to be listed on the Historical registry for both the federal and state. This was successfully complete in March 2022.

Based on the City Council wishes, City staff released a second, revised RFP, for the renovation of the Royal Theatre with change from a developer approach to a design-build RFP, allowing the city to maintain ownership during and after renovations. The RFP was also changed to indicate that the design build team would submit proposal that assumed the building would be registered historical.

The RFP was release April 16, 2021, with a deadline date of May 17, 2021. One design build proposal was received May 14, 2021, from Andrew Goodwin Designs/ Specialty Construction, Inc.

On August 10, 2021, City staff recommended, and City Council approved, the splitting of the above proposal into two phases as there was insufficient funding for the construction portion of the renovation of the Royal Theatre. Accordingly, the City contracted with Andrew Goodwin Designs (AGD) to complete the design and engineering phase with the expectation that Special Construction, Inc. would perform the construction phase of the project if funding was obtained.

The City was subsequently successful in obtaining funding for the construction phase of the project from the federal Economic Development Administration (EDA) in the amount of $4,889,121. However, EDA rules do not allow for a design-build approach to capital improvement projects. Therefore, Specialty Construction, Inc. was informed that its involvement in the project would not be allowable. AGD continued on the project to make it “shovel ready” without Specialty Construction, Inc.

DISCUSSION:

In addition to the EDA grant, after the City contracted with AGD to bring the architectural and engineering work to being “shovel ready,” the City received an award from California Arts Council (CAC) in the amount of $5,000,000. This award, along with the EDA grant, brought the total amount of additional funding for the project to $9,889,121.

For the construction phase of the project, the City needs to engage an architect and engineering firm to complete the bidding process for the hiring of a construction company and provide construction administration on behalf of the City during the construction phase. Because the RFP for the renovation was for a design-build proposal, and the (only) responsive proposal from AGD provided that it would be the prime lead for the project up until the construction phase and it would, thereafter, continue to work on the project with the construction contractor and the City through completion. Since EDA funding requirements prohibited Specialty Construction, Inc. from performing the construction, AGD’s role through the construction phase of the project requires additional services other than what was specifically provided for in the scope of work in the original agreement. For this reason, the Add Services Agreement #2 is required to amend the original agreement.

While the City is still completing the environmental clearance under the EDA National Environmental Policy Act (NEPA), and the City does not have an executed contract with the CAC, it is important to continue the work of preparing bid documents and have the architect and engineering firm ready to start their work once all pre-construction grant conditions are met.

FISCAL IMPACT:

The EDA has indicated that the funds being requested for AGD “add service” can be paid by the two other sources of funds leveraged into this project: CAC ($5M) and remaining Successor Agency funds.

ATTACHMENTS:

1. Resolution No. 2022-102

2. Add Service Agreement # 2 (AGD)

Page 1 of 3 ends

RESOLUTION NO. 2022-102

A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE
APPROVING ADD SERVICES AGREEMENT #2 FOR THE CONSULTING SERVICES AGREEMENT

BETWEEN THE CITY OF GUADALUPE AND ANDREW GOODWIN DESIGNS TO COMPLETE ALL

ARCHITECTURE AND ENGINEERING DESIGN WORK FOR THE HISTORIC RENOVATION OF THE ROYAL THEATER IN AN AMOUNT NOT TO EXCEED $202,635.00
WHEREAS, as of February 1, 2012, the former Redevelopment Agency of the City of Guadalupe (“the Agency”) was dissolved pursuant to the Dissolution Laws forming a Successor Agency of the Redevelopment Agency of the City of Guadalupe (“Successor Agency”); and WHEREAS, Health and Safety Code Section 34191.5 (b) required the Successor Agency to prepare a Long-Range Property Management Plan (the “LRPMP”) addressing the future disposition and use of all real property of the former Agency (including the Royal Theater and two adjoining properties) no later than six months following the issuance by the California Department of Finance (“DOF”) a finding of completion to the Successor Agency on March 18, 2013; and WHEREAS, on February 26, 2015, the LRPMP was approved by the Oversight Board of the Successor Agency (OB) pursuant to OB Resolution No. 2015-02; and WHEREAS, in May of 2018, the Property was transferred to the City; and WHEREAS, on January 24, 2019, the Successor Agency requested the Santa Barbara Countywide Oversight Board (“County OB”) approve (1) a Bond Proceeds Expenditure Agreement between the City and the Successor Agency providing for the transfer of excess bond proceeds (“Bond proceeds”) in the amount of $658,887 to the City for Bond eligible purposes, (2) directing the transfer of such funds to the City, and (3) making certain findings in connection therewith; and WHEREAS, the County OB approved Resolution No. 19-3 and the DOF approved the County OB action pursuant to a letter dated April 30, 2019, and therefore, the City is able to expend the bond proceeds on any expenditure that is allowable under State Law and Bond Proceeds expenditure agreement, and use of these proceeds for design/engineering/remodeling for the Royal Theater is an allowable expenditure; and
WHEREAS, in September 2019, the City determined the need to develop a Request for Proposal (RFP) and market the renovations of the Royal Theater and two adjacent vacant properties; and WHEREAS, this RFP was released on March 16, 2020, with a deadline date of May 1, 2020, but no proposals were received; and
WHEREAS, in September 2020, the City hired Carole Denardo to complete a historic resource inventory and evaluation of the Royal Theater building at 848 Guadalupe Street to determine if the Royal Theater meets the criteria to be both federal and state historical property, and the report was submitted to the City in February 2021 indicating the Royal Theater building meets the eligibility standards for the National Register/California Register; and ATTACHMENT 1

Page 2 of 3 ends

WHEREAS, on February 25, 2021, the City Council approved Carole Denardo to complete the application for submission to the National Register, allowing the Royal Theater building to be listed on the historic registry for both federal and state as this action is still in process as of this date; and WHEREAS, based on the City Council guidance, City staff released a second, revised RFP, for the renovation of the Royal Theater with a change from a developer approach to a design-build RFP, allowing the City to maintain ownership during and after renovations; and WHEREAS, the RFP was released on April 16, 2021, with a deadline date of May 17, 2021, and one design build proposal was received on May 14, 2021, from Andrew Goodwin Designs/Specialty Construction; and
WHEREAS, City staff requested that the process be split into two phases: design/engineering and construction, since there was no funding available for the construction phase at that time at the August 10, 2021, City Council meeting; and
WHEREAS, City staff recommended that the City Council approve only the design/engineering phase, and required AGD to bring this project to “shovel ready” which would increase its opportunity to secure Community Development Block Grant (CDBG) funds for the construction phase of the renovation project; and
WHEREAS, the City was subsequently successful in obtaining funding for the construction phase of the project from the federal Economic Development Administration (EDA) in the amount of $4,889,121, however, EDA rules do not allow for a design-build approach to capital improvement projects, and therefore, Specialty Construction, Inc. was informed that its involvement in the project would not be allowable; and
WHEREAS, in addition to the EDA grant, after the City contracted with AGD to bring the architectural and engineering work to being “shovel ready,” the City received an award from California Arts Council (CAC) in the amount of $5,000,000, which award, along with the EDA grant, brought the total amount of additional funding for the project to $9,889,121; and WHEREAS, for the construction phase of the project, the City needs to engage an architect and engineering firm to complete the bidding process for the hiring of a construction company and provide construction administration on behalf of the City during the construction phase; and WHEREAS, the RFP for the renovation was for a design-build proposal, and the proposal from AGD/Specialty Construction, Inc. was the only responsive proposal, and which proposal provided that AGD would be the prime lead for the project up until the construction phase when Specialty Construction, Inc. would take over, but which AGD would, thereafter, continue to work on the project through completion of the project; and
WHEREAS, because EDA funding requirements prohibit Specialty Construction, Inc. from performing the construction, AGD’s role through the construction phase of the project requires additional services other than what was specifically provided for in the scope of work in the original agreement, necessitating an add services agreement.

Page 3 of 3 ends

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

SECTION 1. That the Add Services Agreement #2 (attached to the staff report for this item) is hereby approved to complete the design/engineering phase of the renovations of the Royal Theater in amount not to exceed $202,635.00 with Andrew Goodwin Design; and
SECTION 2. That the Mayor is authorized to sign Add Service Agreement #2 on behalf of the City.

SECTION 3. That the use of the Bond proceeds and/or funds from the California Arts Council is/are authorized to fund the cost for the second phase of the design/engineering services under the original consultant agreement between the City and Andrew Goodwin Design.

SECTION 4. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. 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 22nd 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. 2022-102, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held November 22, 2022, and that same was approved and adopted.

ATTEST:
____________________________________ _______________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
____________________________________
Phillip Sinco, City Attorney
2050 P ARKER S T R E E T , S A N L U I S O B I S P O , CA 93401 - 8 0 5 . 4 3 9 . 1 6 1 1

ANDREW GOODWIN DESIGNS
DESIGN | ARCHITECTURE | PLANNING
ADD SERVICE #2 AGREEMENT
AGREEMENT made as of: May 28, 2022
Between the CLIENT: City of Guadalupe
918 Obispo Street
Guadalupe, CA 93434
and the CONSULTANT: Andrew Goodwin, AIA
Andrew Goodwin Designs
2050 Parker Street, San Luis Obispo, CA 93401 (805-439-1611) for the following Project: Add Service #2 for Bidding and Construction Administration SECTION 1: SCOPE OF SERVICES:

1.1 Andrew Goodwin Designs (AGD)’ services consist of those described in this section. This agreement is for the addition of engineering for the Royal Theater Preservation and Addition Project between the City of Guadalupe and AGD dated June 22, 022.

1.2 This original contact was for the design and engineering of the project up through building permit. The existing contract is still valid and this is only an addendum for add-services. All services performed outside of these services listed in the previous contract and below shall be considered Additional Services. Additional Services will be billed at an hourly rate or as agreed upon by the Client and Consultant(s).

SCOPE OF SERVIES BREAK-DOWN
TASK 1: BIDDING & NEGOTIATIONS
The project architecture and engineering (A/E) team will provide the following services on an hourly not-toexceed budget:
• Aid the Client AND their staff to ensure the appropriate bid documentation is prepared and distributed to potential bidders. These procurement of bid documents include the project manual, contract drawings (specification and drawings), and addenda. • Assist in hosting a site walk or project bidding kick-off meeting at the site or another decided upon venue.
• Assist in analyzing the bids that come in for completeness. • Aid in answering requests for information (RFI) pertaining to the bidding process or documents.

It is the understanding of the Consultant AND the Consultant’s team that this process will most likely be the responsibility of another agency due to the grant process for funding. Therefore, the costs associated with this phase have been developed assuming another lead agency might oversee the bidding. The Consultant AND the Consultant’s team reserves the right to notify the Client if an overage appears to be eminent so that negotiation of further compensation can occur.

TASK 2: CONSTRUCTION ADMINISTRATION (CA)
▪ The project architecture and engineering (A/E) team will provide the following services, but are not limited to these services, on an hourly not-to-exceed budget:
• Aid in answering requests for information (RFI) pertaining to the contract documents. • Aid in answering and approving submittals on materials, equipment, and fixtures based on the contract documents
• Performing site visits to observe the progress and quality of the work, determine its conformance to the design, and report findings to the Client.

ATTACHMENT 2
2050 P ARKER S T R E E T , S A N L U I S O B I S P O , CA 93401 - 8 0 5 . 4 3 9 . 1 6 1 1 • Review and approve Construction change directives, change orders, and certificates for payment as needed.
• Perform punch-list at the inspection for substantial completion. • Review contractor closeout documents, record documents, and receive notice of final completion.

EXCLUSIONS
The exclusions included in the previous contract are still valid. No further exclusions are required.

SECTION 2: COMPENSATION

2.1 The work described in Section 1 will be billed monthly by Andrew Goodwin Designs, and the work will be performed on an hourly basis per the Rate Schedule below. Consultant invoices will be passed along with a 10% markup for project management and contingency.

Note: Hourly rate/fees for professional services only and does not include Reimbursable Expenses.

Rate Schedule
• Principal Architect/Stamping $175.00
• Principal Design/Senior Project Manager $135.00
• Professional Designer/Project Manager $100.00
• Architectural Designer/Rendering $85.00
• Clerical $75.00
SECTION 3: ACCEPTANCE

3.1 Commencement of the outlined work above may immediately after the receipt of this signed proposal, the initial payment indicated in Section 2, and a complete contract if client requires.

Your signature below indicates your acceptance of this agreement. This proposal is valid for 30 days.

Sincerely,
Andrew Goodwin, AIA, LEED AP _________________________________________________________ Architect, Owner Client Acceptance Date Phone
Print Name:_______________________________________________ DESCRIPTION 40 BIDDING 50 CA 10% CONTINGENCY TOTALS
ARCHITECTURAL $ 10,000 $ 40,000 $ 50,000 - $
CIVIL $ 2,000 $ 6,000 $ 800 $ 8,800
AUDIO VISUAL $ 21,400 $ 21,600 $ 4,300 $ 47,300
ACOUSTICS $ - $ - $ - $ -
STRUCTURAL $ 6,000 $ 35,000 $ 4,100 $ 45,100
MECHANICAL / PLUMBING $ - $ 6,500 $ 650 $ 7,150
ELECTRICAL $ - $ 5,180 $ 518 $ 5,698
HISTORICAL CONSULTANT $ - $ - $ - $ -
FIRE PROTECTION $ 1,170 $ 28,000 $ 2,917 $ 32,087
AGD LABOR BY PHASE: $ 40,570 $ 142,280 $ 13,285 $ 196,135 REIMBURSEABLES: $ 500 $ 6,000 $ 6,500
CONSULTANTS $ -
TOTAL BY PHASE $ 41,070 $ 148,280 $ 202,635

GUADALUPE POLICE DEPARTMENT

MONTHLY ADMINISTRATIVE OPERATIONAL DATA SUMMARY
PART I: CRIMES

TYPE OF CRIMES

REPORTED CLEARED REPORTED CLEARED REPORTED CLEARED REPORTED CLEARED 187 PC HOMICIDE 00000000
261 PC RAPE 00001033
211 PC ROBEBRRY 00000000
242/245 PC ASSAULT 5 5 4 4 34 30 47 41
459 PC BURGLARY 3 0 1 0 16 8 22 2
484/487 PC THEFT 5 0 3 0 45 4 29 2
10851 VC VEH THEFT 1 1 0 0 16 11 30 6
451 PC ARSON 00001000
TOTAL 14 6 8 4 113 53 131 54
PART II: REPORTED CRIMES

REQUEST FOR SERVICE

TOTAL REPORTS TAKEN

TOTAL REQUEST FOR SERVICE

TOTAL ACTIVITY FOR THE MONTH

DOMESTIC VIOLENCE REPORT

TOTAL PROPERTY STOLEN

TOTAL PROPERTY RECOVERED
PART III: ARREST SUMMARY

OFFENCES

ADULTS JUVENILES ADULTS JUVENILES ADULTS JUVENILES ADULTS JUNENILES FELONY 10 0 6 0 37 1 49 3
MISDEMINOR 12 0 9 6 90 4 98 9
TOTAL 22 0 15 6 127 5 147 12
23152(a&b) VC ARREST

WARRANT ARREST
25 11
0 3
5 2
25 12
NOTE: DUI AND WARRANT DATA ARE INCLUDED IN ABOVE ARREST TOTALS MONTH OF OCTOBER 2022

THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE

THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE 91 89 750 678
185 220 2242 2427
276 309 2992 3105
2 2 19 22
$5,996.00 $3,723.00 $748,810.00 $52,563.00
$0.00 $0.00 $17,400.00 $0.00
Agenda Item No. 6J 1a.

GUADALUPE POLICE DEPARTMENT

MONTHLY ADMINISTRATIVE OPERATIONAL DATA SUMMARY
PART IV: NARCOTIC ACTIVITY

TYPE OF NARCOTICS

REPORTED CLEARED REPORTED CLEARED REPORTED CLEARED REPORTED CLEARED HEROIN 00000000
COCAINE 00000000
METHAMPHETAMINE 00110044
MARIJUANA 00002211
PARAPHERNALIA 00113388
TOTAL 0 0 2 2 5 5 13 13
PART V: SPECIAL DATA

OFFICER ASSULTED

INJURY ON DUTY
ADDITIONAL INFORMATION:

STAFFING: 1 POLICE CHIEF FILLED 1 POLICE LIEUTENANT FILLED
2 POLICE SERGEANTS 1 UNFILLED POSITION
2 AIRPORT POLICE OFFICERS FILLED
10 POLICE OFFICERS 2 UNFILLED POSITIONS
3 OFFICE STAFF PERSONNEL 2 FULL TIME FILLED/1 TEMPORARY POSITION FILLED 5 RESERVE POLICE OFFICERS 5 UNFILLED POSITIONS
1 COMMUNITY SERVICE TECHNICIAN FULL TIME POSITION UNFILLED 1 EVIDENCE TECHNICIAN 1 UNFILLED POSITION
2 POLICE VOLUNTEERS 2 UNFILLED POSITIONS
COMMENTS:

MONTH OF OCTOBER 2022

THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE

THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE 2025
1010
Rev: 06/17/2021

GUADALUPE FIRE DEPARTMENT
TO: PUBLIC SAFETY DIRECTOR, MICHAEL CASH
FROM: CAPTAIN PATRICK SCHMITZ
SUBJECT: MONTHLY SUMMARY OF CODE ENFORCEMENT CASES
October 1, 2022 – October 31, 2022
DATE: 11/03/2022
CALLS FOR SERVICE October 2022
INCIDENT TYPE This
Month
Last
Month
Year to Date
(2022-2023)
Year to date
(2021-2022)
Medical 23 35 123 145
Structure Fire 0 0 0 0
Cooking Fire 0 0 0 1
Trash or Rubbish Fire 0 2 4 2
Vehicle Fire 0 0 0 1
Grass/Vegetation Fire 0 0 0 1
Other Fire 0 0 0 0
Motor Vehicle Accidents with Injuries 1 2 7 9
Motor Vehicle Accidents No Injuries 3 1 6 6
Motor Vehicle/Pedestrian Accident 0 2 4 0
Hazardous Materials Spill/Release 0 1 2 0
Hazardous Condition Other 2 2 4 4
Water Problem/Leak 0 2 2 2
Animal Problem 0 1 1 0
Search / Rescue 0 0 0 0
Public Assistance 1 0 8 9
Police Matter/Assistance 0 2 2 4
Illegal Burn 0 0 0 0
Smoke/CO Detector Activation 1 3 9 1
Dispatch and Canceled En-route 2 0 10 18
False Alarm 0 2 4 7
TOTAL 33 55 186 210
Additional Information
STAFFING: 1 Public Safety Director (Police/Fire Chief)
3 Fire Captains
3 Fire Engineers
2 Paid Call Firefighters 4 Position Vacant
Agenda Item No. 6J 1b.

Rev: 06/17/2021

GUADALUPE FIRE DEPARTMENT
Special Assignments / Coverage:
- Food Distribution (10/06)
- Kids Day in the Park (10/08)
- The Great Shakeout Drill (McKenzie) (10/20)
- The Great Shakeout Drill (Mary Buren) (10/20)
- Fire and Halloween Safety Presentation (Maggie Espinoza Daycare) (10/21) CODE COMPLIANCE CASES October 2022
INCIDENT TYPE This
Month
Last
Month
Year to Date
(2022-2023)
Year to date
(2021-2022)
Business License (GMC 5.04.040) 0 0 0 0
Litter Accumulation (GMC 8.12.020) 0 1 1 0
Abatement of Weeds and Rubbish (GMC 8.16.010) 1 0 11 0
Working Without Permits (GMC15.04.020) 0 1 1 0
Address Number (GMC 15.08.020 (505.1)) 2 3 10 0
Complaints (No Violation Found) 3 3 6 2
Apartment Inspections 0 0 1 0
Yearly Business Inspections 6 7 36 8
Other 0 0 6 8
TOTAL 12 15 72 21
Complaints Received 3 2 7 4
Miscellaneous This
Month
Last
Month
Year to Date
(2022-2023)
Year to date
(2021-2022)
Visitors 11 13 87 96
Public Relations 5 4 16 9
School Visits 1 2 4 0

GUADALUPE CODE COMPLIANCE
TO: PUBLIC SAFETY DIRECTOR, MICHAEL CASH
FROM: CODE COMPLIANCE OFFICER, JOSUE MERAZ
SUBJECT: MONTHLY SUMMARY OF CODE ENFORCEMENT CASES
OCTOBER 1, 2022 – OCTOBER 31, 2022
DATE: 11/01/2022

CODE ENFORCEMENT CASES
INCIDENT TYPE This
Month
Last
Month
Year to Date
(2020-2021)
Business License (GMC 5.04.040) 0 0 3
Animal Nuisance (Odor, Noise) (GMC 6.04.100 (A,E)) 0 4 8 Fowl, Livestock and Wild Animals (GMC 6.04.210) 0 0 2
Litter Accumulation (GMC 8.12.020) 0 1 11
Abatement of Weeds and Rubbish (GMC 8.16.010) 0 0 12
Burning Garbage Prohibited (GMC 8.12.150) 0 0 0
Unlawful Property Nuisance (GMC 8.50.070) 1 4 18
Graffiti Abatement (GMC 9.07.060) 0 0 2
Abandoned Vehicles/ Vehicle Covers (GMC 10.36.010) 0 2 19 Portable/fixed basketball goals (GMC 10.48.050) 0 0 0
Parking of large vehicles/trailers (GMC 10.24.190) 0 0 3 Wall,Fence,or Hedge Requirements (GMC 18.52.121) 0 0 0
Working Without Permits (GMC15.04.020) 2 3 10
Address Number (GMC 15.08.020 (505.1)) 0 0 0
Illegal Garage Conversion (GMC 18.08.120, 18.08.160) 0 0 0 Damage Fence (GMC 18.52.125) 0 0 1
Parking on Front Yard Setback (GMC 18.60.035) 0 0 8
Trailers/Mobile homes as living space (GMC 18.56.030) 0 0 1 Residential Solid Waste Collection (GMC 8.08.070) 0 0 2 Landscape Maintenance Required (GMC 18.64.120) 1 1 16
Discharge of illegal fireworks (GMC 8.24.020) 0 0 8
72hr Parking 2 8 64
Code 60 Citations 0 2 24
TOTAL 6 25 212
Complaints Received 6 12 71
Miscellaneous This
Month
Last
Month
Year to Date
(2020-2021)
Visitors 0 0 0
Public Relations (Food distribution, Covid Vaccination) 1 1 10 School Visits () 0 0 0
Agenda Item No. 6J 1c.

Agenda Item No. 6J 2.

HUMAN RESOURCES MONTHLY REPORT
October 2022

RECRUITMENT
Finance
At the regular 10/25/22 meeting, City Council approved the 30-hour Finance Clerk job description. Recruitment began immediately. Interviews planned for mid-November.

Reclassification of Business Manager position and reorganization proposed for the first Council meeting in November.

Emergency Preparedness Coordinator
Resumes/applications have all been screened with panel interviews scheduled for last week in November. Funding for this position will be discussed when the mid-year review occurs.

Human Resources
Teg Butler, Human Resources Manager, started on Monday, 10/31/22. The last day for Amelia Villegas, Interim HR Manager, will be Wednesday, November 30, 2022.

Police
Position was posted back in September. One candidate is beginning backgrounds. A second candidate is scheduled to attend a POST recertification class in Orange County in February. Others who applied will be contacted regarding their status.

Public Works
The Public Works Intern position had been posted at Cal Poly. Currently, the position is on hold pending further review.

HR Monthly Report – October 2022

Page 2 of 3 ends

Recreation/Facilities
On 10/24/22, an offer had been extended to a candidate for the new Lead Maintenance Worker/Facilities & Parks. Reference checking and post-offer processes were being completed. (On 11/4/22, candidate rescinded his acceptance.) Recruitment for one (1) Building Attendant began with postings on 10/24/22.

Notices for two (2) Recreation Commissioners were posted.

WORKERS’ COMPENSATION
One employee remains out on temporary disability with a hip injury. A qualified medical evaluation (QME) has yet to be scheduled. Periodic follow-up appointments are scheduled with Akeso, City’s local health clinic. Workers’ compensation approved physical therapy, too.

One claim should be close to the end of a “90-day delay” period. The employee had an appointment for a QME on 10/26/22. Results are not expected for possibly 60 days.

CJPIA notified us that they have contracted with a new workers’ compensation carrier. The change will take effect 1/01/2023. This will be a significant change as CJPIA’s workers’ comp carrier was York for many years which was bought out several years ago by Sedgwick. The claims staff didn’t change with that buyout. The new carrier is Athens. There is no word on whether the claims analysts who have worked on the City’s account will go to Athens.

COVID
• There was one (1) employee who tested positive and followed the proper protocols once advised. It was reported to HR, after the fact, that two (2) employees tested positive and returned to work without following protocols. An email was sent to all employees with a reminder of the City’s protocols should someone test positive or if someone is exposed.

Recognizing that some Covid restrictions have been lifted, the City’s protocols have not.

The City is following the protocols and procedures from Santa Barbara County Public Health Department.
• At the end of September, Gov. Newsom signed a bill extending the period for use of the CA supplemental paid sick leave (CA 2022 SPSL). The period initially had expired end of September, but the extension is now through December 2022. No additional sick leave hours are being granted employees. If an employee had a balance of those special HR Monthly Report – October

Page 3 of 3 ends

COVID (cont’d)
• supplemental hours at the end of September, those hours can only be used through December 2022. However, if an employee tests positive beginning October 1, 2022, and does not have a balance of those supplemental hours, regular sick leave is to be used. • At the end of October, San Luis Obispo County case level was low. Case rate per 100,000 is 44 cases; for Santa Barbara County, per 100,000, case rate is 35. • Current guidelines from both SB and SLO Public Health Departments continue to encourage mask wearing when indoors, but no mask mandate to date.

Agenda Item No. 6J
3 RECREATION AND PARKS MONTHLY REPORT
For October 2022
Summary of Rentals/Usage for City Facilities & Parks

FACILITY THIS MONTH THIS MONTH

LAST YEAR
THIS YEARTO-DATE
(FY 22/23)
LAST YEARTO-DATE
(FY 21/22)
Auditorium/Gym 24 1 67 75
O’Connell Park 3 3 55 58
LeRoy Park 27 0 25 23
Senior Center 26 10 81 88
Veterans Memorial
Plaza
0 0 5 9
Council Chambers 6 16 21 62
Central Park 0 0 0 0
Veterans Hall 1 3 5 7
Recreation and Parks
918 Obispo Street
P.O. Box 908
Guadalupe, CA 93434
Ph: 805.356.3906
Fax: 805.343.5512
Email: [email protected]
Agenda Item No. 6J 4.

Facility Usage
Please see the attachments at the end of the report for all scheduled uses of facilities and parks for the month of November.

LeRoy Park
• Irrigation Line Installation: In the initial plans for the renovation of Le Roy Park there were plans to install another BBQ pit in the back left grass corner of the park. Unfortunately, there was not enough funding to install the pit. That being said, there were never any plans for an irrigation line to be placed there as concrete would have been poured there with no need for irrigation. However, because of the limited funds and no irrigation installation that corner of grass was starting to dry out. On October 20th a new irrigation line was placed in that area to address the issue.
• Fence/Gate Installation: Fence Factory is scheduled to install two access gates, one at the first paved parking entrance and one at the DG parking lot entrance, as well as the additional cedar fencing that separates Le Roy Park from the CAPSLO and Little House by the Park property on November 17th and 18th.

Jack O’Connell Park
The following was written by Alhan Diaz-Correa who is a climate justice associate for the Community Environmental Council regarding the installation of air quality monitors. “We built 5 monitors to provide community members with minute-by-minute air quality updates, in Spanish and English. This grant includes bilingual meetings to share the air quality findings to parents, students, and community members. This $300,000 grant is expanding our current network of air monitors, in partnership with the local air district. Currently, SBC-APCD (SB County Air Pollution Control District) provides Purple Air Monitors. The current monitors provide the community with limited air quality data (specifically it has 1 sensor for “Particulate Matter 2.5”). The new monitors that were built include updated sensors to expand what it will test for. These air monitors collect PM 2.5, and will expand to PM 10, VOCs (Volatile Organic Compounds, NOx (Nitrates), wind and temperature readings as well.

We aim to provide the residents in Downtown Guadalupe and west-side Guadalupe (near Jack O’Connell Park) 2 monitors for air-quality monitoring, as well. We are coordinating with the Guadalupe School District Superintendent and their school facilities manager to install 2 monitors at their schools. 1 monitor will also be placed in downtown Santa Maria to provide a reference point.

What additional information would I need to provide to coordinate with you? Blue Tomorrow, a Guadalupe-based intern, and I will provide the required maintenance. The monitors may not require an electrical plug, as the monitors can be provided power through a solar panel. The monitors themselves are rather small and may only need a basic metal pole installed.

We aim to provide analysis as well as a community report. This in turn, can be utilized by the city as they begin development their Climate Action Plan or other future funding. We hope the data, will provide a baseline to better understand future projects and their impacts on Air Quality.” The pictures below were taken for the Jack O’Connell Park Air Quality Monitor installation.

Drop-in Sports for ages 16+
Free Drop-in volleyball and basketball for ages 16+ are currently taking place. Drop-in volleyball is being held on Wednesdays from 6:15pm – 8:15pm in the City Hall Auditorium. Drop-in Basketball is being held on Fridays from 5pm – 7pm. The location of drop-in basketball varies depending on the availability of the auditorium on Friday nights. Participants ages 16 & 17 must provide a permission slip/liability waiver signed by a parent/legal guardian in order to participate.

This form can be found on the Recreation Page of the city website. Go to https://ci.guadalupe.ca.us/recreation/
December Events
Color Fusion Walk/Run Part II
A second color run is currently being planned for Saturday, December 10th. The cost will be the same and will include the same registration packet. For this run, there will also be the option of participating in a 10k as well as relay races for children.

City Christmas Light Contest
The Recreation and Parks Department will be organizing a city-wide Christmas Light Contest. Nominations for various categories will be accepted from Nov. 23rd to Dec. 15th. To nominate a residence within city limits, residents should email up to three photos of the illuminated display, the address and a contact number for the entry if available to [email protected]. The nominations will be presented to the Recreation and Parks Commission to choose the winners. This will be done at the January Recreation and Parks Commission meeting. More details to come.

Respectfully,
Hannah Sanchez
Recreation Services Manager
Hannah Sanchez 1 11/14/2022 3:01 PM
October 31, 2022
Monday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:45 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium November 1, 2022
Tuesday
9:00 AM - 12:00 PM Traffic Safety Class -- City Council Chambers 11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:45 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium 6:00 PM - 8:00 PM Recreation Commission Meeting -- City Council Chambers November 2, 2022
Wednesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 5:00 PM - 8:00 PM McKenzie Basketball Game -- Auditorium 6:30 PM - 8:30 PM Narcotics Anonymous -- Senior Center
November 3, 2022
Thursday
10:00 AM - 1:00 PM Foodbank Distribution -- Senior Center 11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:45 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium Hannah Sanchez 2 11/14/2022 3:01 PM
November 4, 2022
Friday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:30 PM - 5:00 PM LADG Meeting -- Senior Center
5:00 PM - 8:00 PM Private Event Set Up -- Auditorium
November 5, 2022
Saturday
12:00 PM - 10:00 PM Private Event -- Auditorium
November 7, 2022
Monday
9:00 AM - 11:00 AM Election Polling Set Up -- Veteran's Hall 11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 5:00 PM - 8:00 PM McKenzie Basketball Game -- Auditorium November 8, 2022
Tuesday
7:00 AM - 8:00 PM National Election Polling -- Veteran's Hall 11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:45 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium 6:00 PM - 10:00 PM City Council Meeting -- City Council Chambers November 9, 2022
Wednesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center Hannah Sanchez 3 11/14/2022 3:01 PM
November 9, 2022 Continued
Wednesday
3:45 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium 6:30 PM - 8:30 PM Narcotics Anonymous -- Senior Center
November 10, 2022
Thursday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 5:00 PM - 8:00 PM McKenzie Basketball Game -- Auditorium November 11, 2022
Friday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center November 12, 2022
Saturday
9:00 AM - 12:00 PM VVA Monthly Meeting -- Veteran's Hall 10:00 AM - 4:00 PM Touch of Style Car Show -- Le Roy Park November 13, 2022
Sunday
1:00 PM - 6:00 PM Private Event -- Auditorium
1:00 PM - 4:00 PM Bulldogs-Cheerleaders -- Le Roy Park
November 14, 2022
Monday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 5:00 PM - 8:00 PM McKenzie Basketball Game -- Auditorium Hannah Sanchez 4 11/14/2022 3:01 PM
November 15, 2022
Tuesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:45 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium November 16, 2022
Wednesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:45 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium 6:30 PM - 8:30 PM Narcotics Anonymous -- Senior Center
November 17, 2022
Thursday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:45 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium November 18, 2022
Friday
10:00 AM - 3:00 PM HR Interviews -- City Council Chambers 11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 6:00 PM - 9:00 PM Private Event Set Up -- Auditorium
November 19, 2022
Saturday
10:00 AM - 11:00 PM Private Event -- Auditorium
2:00 PM - 5:00 PM Private Event -- Le Roy Park
Hannah Sanchez 5 11/14/2022 3:01 PM
November 20, 2022
Sunday
10:30 AM - 11:30 AM Private Event -- Le Roy Park
Time TBD
November 21, 2022
Monday
10:00 AM - 11:00 AM Public Works Meeting -- City Council Chambers 11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:45 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium November 22, 2022
Tuesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:45 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium 6:00 PM - 10:00 PM City Council Meeting -- City Council Chambers November 23, 2022
Wednesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:45 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium 6:30 PM - 8:30 PM Narcotics Anonymous -- Senior Center
November 24, 2022
Thursday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:45 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium Hannah Sanchez 6 11/14/2022 3:01 PM
November 25, 2022
Friday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center November 28, 2022
Monday
10:00 AM - 3:00 PM HR Interviews -- City Council Chambers 11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 5:00 PM - 8:00 PM McKenzie Basketball Game -- Auditorium November 29, 2022
Tuesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:45 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium November 30, 2022
Wednesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:45 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium 6:30 PM - 8:30 PM Narcotics Anonymous -- Senior Center
December 1, 2022
Thursday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:45 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium 5:00 PM - 8:00 PM McKenzie Basketball Game -- Auditorium Hannah Sanchez 7 11/14/2022 3:01 PM
December 2, 2022
Friday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center

Page 1 of 3 ends

CITY ADMINISTRATOR’S REPORT
November 22, 2022
(Information below may be subject to change)

1. 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 recently met with city staff at Le Roy Park to check in on Phase II and about other City topics.

Recap of our conversation below:
• Grant applications: If the City is applying for any federal grant, the city needs to reach out to the office to request a letter of support from the Senator for the grant application.
• Earmarks (known as "congressionally directed spending/CDS" in the Senate and "community project funding" in the House): In previous years the application process has happened very quickly. The application portal usually opens late March/early April and closes about a week or two later. Again, I was told, and they want to caution the city that process is very competitive, and these funds may not be available next year due to possible changes in Congressional leadership. If the city is interested in submitting a CDS request to their office, they are happy to walk us through the process and provide a status update; If the city is interested, they advise us to reach out to them about this in February or early March of next year. For now, I have a very general guide created by the Bipartisan Policy Center that may be helpful, if anyone wants to see it, please stop by the City Administrator’s office.

According to the field representative, it might be difficult to be awarded another grant next year as the city received two recently. The Federal government likes to spread geographically spread the project around.

2. Finance Director Interim (Est.3 Months)
The City is looking to fill the Finance Director to handle day-to-day tasks for the next three (3) months on an interim basis until a permanent replacement is hired. City staff is close to finding an interim person to manage the Finance Department. The permanent Finance Director is currently being advertised. For the duties and responsibilities for the months of January through March, please see below, in general priority order:
• January
o State Controller’s report due Jan 31st (Lorena will try my best to get ahead on this)
Agenda Item No. 7

Page 2 of 3 ends

o Mid-Year budget review and projections (Lorena will try her best to get the templates going)
o Reconciling between both accounting software and preparing journal entries o SAMs DUNs renewal
o Quarterly reports (Possessory Interest usage report dur 2/15, SMIP report due 1/31, Building Standards report, due 1/31, AB 286 and SB186 reports due 1/31 o Monthly report to council
o Review of payroll
• February
o Oversee the go-live of the financial modules of Tyler (scheduled for February 13th, Angie will lead this, but in case she may need guidance) o Monthly report to council
o Review of payroll
• March
o Presentation to Council for the audit ending June 2022, along with the Single Audit
o Begin preparation of the ARPA annual report
o Begin preparation of the Use tax return filing
o Monthly report to council
o Review of payroll

3. Cycle 6 Housing Element
Cal Poly Professor Cornelius Nuworsoo has begun doing background research regarding the Cycle 6 Housing Element and will schedule a project kick-off meeting (Time TBD).

4. Escalante Meadows Update
The Standard Agreement by all parties including the city of Guadalupe has executed the HCD agreement; therefore, the SB Housing Authority is very close to the financial closing for Escalante Meadows anticipated for 11/18.

5. Cannabis Cost Recovery and Community Benefit Update, etc.

City staff is in the process of creating an initial draft of a staff report for the city council and is working with HdL to fill in the blanks (process, timelines, etc.). Staff is going to schedule a meeting going forward as we need to chat about next steps now that contract has been executed. The city already has draft documents prepared, related to Objective 1 (Cost Recovery Fee Analysis) and Objective 2 (Draft Community Benefit Agreements) of the new contract approved on November 8.

Objective 1:
a. Guadalupe Cost Recovery – Model that estimates appropriate rates to charge for the community benefit agreement fee, annual regulatory fee, and pre-license site inspection fee. The estimated fees are based upon various assumptions built into the supporting tabs and duties.

Page 3 of 3 ends

b. Guadalupe Fee Study – Letter that could be used as a “Council Letter” when presenting the proposed fees.

Objective 2:

Draft Community Benefit Agreement (CBA) – HdL helped create a draft community benefit agreement for other cannabis operators. HdL expects staff will have a significant number of changes after review. Once the CBA has been finalized, it can be used as a template for our retail operators as well.

6. Measure Z 2022 Transient Occupancy Tax
Measure Z missed by 1 vote as the voters did not approve the City of Guadalupe's Transient Occupancy Tax, imposed on occupants of hotels, short-term rentals, and campgrounds, from 6% to 10%. City staff will recommend this going on the next ballot for voter consideration.

7. Pasadera 18 Acre Commercial Developers (Monterey, CA) The City Administrator contacted a Monterey, CA developer who is interested in having a conversation with them about possible economic development opportunities in Guadalupe.

They are interested in having another deeper discussion about the 18-acre commercial development next to the phased residential development (Pasadera) in progress leaving a swath of land along W Main St (166) available for commercial development. We initially talked about all the off-site improvements and Caltrans involvement and see how that may pencil’s out.

More to come on this possibility…..

8. HWY 1/166 Project Coordination Status
Caltrans District 5, Meg Henry, contacted city staff regarding the Hwy 1/166 intersection, discussing how that project relates to the traffic being generated by the Pasadera development and the analysis provided in the June 2022 in a Network Design Memo.

Following up on an August 4 meeting, it was determined that Caltrans (and not SBCAG) would prepare the cost estimate which you asked about during the meeting. To prepare viable cost estimate, Caltrans project oversight design team is preparing an overview plan from which to estimate (based on discussions in the Network Design Memo).

Due to the district’s current heavy workload delivering broadband middle mile, their estimated date to have the cost estimate for discussion is mid- to late February 2023. Once they come closer to that time and have a concrete date by which they expect to have an estimate completed, they’ll reach back out to schedule a meeting with city staff and SBCAG.

2022-037-CUP Page 1 of 5 November 22, 2022
Agenda Item No. 9

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of November 22, 2022

_______________________________ _________________________________ Prepared by: Approved by:

Bill Scott, Contract City Planner Todd Bodem, City Administrator SUBJECT: Public hearing to consider a conditional use permit (2022-037-CUP) for Hwy 1 General Auto Repair, an automotive repair shop with associated outdoor vehicle staging area on property in the M-C (Industrial Commercial) zoning district at 333 and 363 Guadalupe Street.

EXECUTIVE SUMMARY:

This item was continued from the October 25, public hearing to allow the Public Safety Director time to visit the site and the neighboring properties abutting the segment of the alley in the block extending between Second Street and Fifth Street and assess fencing issues at 333/363 Guadalupe Street. The Public Safety Director has concluded that: 1) the existing chain-link fence at the backside of 333/363 Guadalupe Street property is “in overall good shape with some maintenance needed;” and 2) under the provisions of the Fence Ordinance, if the City Council wishes to require additional fence improvements (e.g., solid visual screening), the current discretionary review for this conditional use permit would be the appropriate time to require such an improvement. The Public Safety Director did not report of any unique security concerns in the area. The Public Safety Director’s report is provided as Attachment 5 to this staff report. Furthermore, during a recent site visit, Planning staff observed that the coils of razor wire that are conditioned to be removed from the top of the fence (Condition #6), has already been removed by the property owner. Additionally, several unsightly articles of clutter such as a rusting and apparently inoperable vehicle and other dust-covered surplus clutter has been removed from the backside of the property. Thus, Planning staff believes that the visual appearance of the property is greatly improved, and with the exception of additional maintenance to existing fence, the primary focus of this conditional use permit should be returned to consideration of legalizing the unpermitted automotive repair business.

The project is an application for a conditional use permit (CUP) to allow an auto repair business in an existing 3,500 square-foot garage. The request includes approximately 3,000 square feet to be used for temporary outdoor vehicle storage and customer parking (Attachment 2 – Aerial Site Map). The applicant has moved into the space and started operating without benefit of a conditional use permit.

Municipal Code Section 18.40.030(C) specifies an automotive repair service requires review and approval of a conditional use permit in the M-C (Industrial Commercial) zoning district.

Bill Scott
2022-037-CUP Page 2 of 5 November 22, 2022
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. 2022-92 approving 2022-037-CUP, including CUP Findings, CEQA Class 32 Exemption and Conditions of Approval.

BACKGROUND:

The applicant is requesting City Council approval of a conditional use permit to legally establish Hwy 1 Auto Repair in an existing garage at 333 and 363 Guadalupe Street (Attachment 2 – Site Plan). This application for a CUP is the result of a City administrative citation for operating an automotive repair business without benefit of a required conditional use permit or a City business license. Municipal Code Section 18.40.030 (C) specifies approval of a conditional use permit is required to allow an automotive repair business in the M-C (Industrial Commercial) zoning district. The owner submitted the application and fees on April 25, 2022.

DISCUSSION:

Project Description
The project site extends across the rear portion of two adjoining properties at 333 and 363 Guadalupe Street. The garage is in the back portion of a larger building identified as the Andres Reality Reserve and Creamery Building. The building is located on the property at 333 Guadalupe Street. An outdoor area, approximately 3,000 square-feet in size, is used to temporarily place the vehicles in line to be serviced.

Most of the vehicle staging area and the customer parking is located on the adjoining property to the north at 363 Guadalupe Street. The landowners of both properties have provided written authorization for use of the properties by the applicant (Attachment 4).

A twenty-foot-wide alley abuts the west side of the garage and vehicle storage area. The backyards of single-family homes are beyond the alley to the west. Various quasi-industrial/commercial uses in the M-C (Industrial Commercial) district are to the north and south of the subject properties. To the east, across Guadalupe Street, is the Amtrak Train station and transit center.

Table 1: Site Information
Location 333 and 363 Obispo Street (rear portion)
APNs 115-163-002 and 003 (rear portion)
Zoning M-C, Industrial Commercial Zoning District
Land Use Designation General Commercial
Project size 6,500 SF portion of two lots that total 1.9 total acres Present Use Hwy – 1 Auto Repair/mostly vacant Building
Surrounding Uses North: M-C, existing industrial/commercial South: M-C, existing industrial/commercial
East: G-I, existing commercial/Guadalupe Train Station
West: R-I, existing residential
2022-037-CUP Page 3 of 5 November 22, 2022
CONFORMANCE TO THE ZONING CODE:

Parking: Municipal Code Section 18.60.050(D)(4) specifies auto repair shops should typically provide three (3) parking spaces for each service bay. During a recent site visit, staff observed vehicles in four work areas. Based on the above, a total of twelve (12) parking spaces would typically be required. The applicant has currently reserved three spaces for customer parking. The applicant has advocated that most of the customers receive rides to the facility to drop-off and pick-up their vehicles. No customers were present during several site visits. Therefore, staff concurs that at this time, three parking spaces appears to be sufficient to meet the current parking needs. Furthermore, the location of the auto repair business is isolated at the back side of the larger property. Thus, there is virtually no likelihood for any parking impact upon neighboring properties. The project is conditioned that, if at any time it is determined additional parking is needed, site or operational modifications could be required to accommodate additional parking spaces. Such modifications could include adjustments to the vehicle storage area, to accommodate more parking spaces. Staff believes as proposed, parking provided is adequate and no adverse parking impacts are anticipated.

Outdoor Vehicle Storage: Approximately 3,000 square-feet has been established for short-term storage of the vehicles in line to be serviced by the mechanic, or to be picked-up by customers. The Municipal Code makes a distinction between short-term storage associated with an auto repair business and the more intensive longer-term storage, associated with a storage yard. For the purposes of this conditional use permit storage of the vehicles is intended to be temporary and associated directly with the automotive repair business. The long-term storage of inoperable, disused, or dismantled vehicles is not permitted by this conditional use permit.

Fencing: As noted, a chain-link fence is existing along the common boundary between the alley and the westerly side of the project site. Municipal Code Section 18.52.123 sets a high standard for the appearance of walls and fences in the City. In this case, Planning staff has determined that the fence is in fair to moderate condition. Although the appearance of the fence would not appear to meet the “high standard” set by Code Section 18.52.123, given its location at the rear portion of the property, the existing fence is recommended to remain with maintenance. A part of the intent of Code Section

18.52.123 is specifically expressed as follows: “Fences shall not detract from neighboring properties…” The most visually unattractive part of the fence is the sagging three-strand barbed-wire, and the coils of razor wire that had been placed at the top of the fence. Staff believes the razor wire detracted visually from the livability of the nearby residences. The project was conditioned to require the removal of the razor wire. However, as of the preparation of this staff report, the razor wire had already been removed.

At no time should the razor wire be replaced. The three-strand barbed wire will be allowed to remain but the rusted and sagging barbed-wire sections should be replaced and tightly restrung to improve its worn and sagging appearance.

General Site Maintenance: Although the primary focus of this permit is to legalize the unpermitted auto repair business at the rear of the properties, staff has observed that the appearance at the front of the properties also warrants attention. There are bare areas where ground cover has dried-up or is missing, and shrubs and landscaped area need maintenance. Staff has noted that directly across Guadalupe Street is the Amtrak station, which now serves as the transit stop for the Guadalupe Flyer and is thus a part of a prominent “gateway” corridor in the City. The project has been conditioned to require the 2022-037-CUP Page 4 of 5 November 22, 2022
property owner to complete some basic landscape maintenance improvements within 90-days of approval of this conditional use permit.

GENERAL PLAN CONSISTENCY:

The M-C (Industrial Commercial) zone is applied a General Commercial General Plan land use designation. The Land Use Element of the General Plan specifically recognizes automotive services among the variety of uses envisioned for the General Commercial land use designation, it states: The businesses encouraged within this district usually include motels, automobile services and restaurants, in addition to other types of commercial activities. The proposed use is among the uses stated as appropriate for this location; and would support General Plan objectives to encourage small business in the City.

Commercial Policy #12 – “Commercial Areas shall be served by public utility infrastructure without detriment to existing systems.”
The project is located within an established inner-City portion of Guadalupe where municipal services and facilities are already in place. Thus, the project is consistent with this objective. -Land Use Policy #2– “To manage development to reduce construction and maintenance costs, improve infrastructure efficiency, prevent urban sprawl support community preferred lifestyles and maintain property taxes.”
The proposed project has would make utilization of an underutilized commercial property on an infill site where facilities and services are in place. The business would provide convenient services to residents who live near the facility. Thus, the project would promote for the efficient use of land and public and private resources.

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 October 14, 2022. Copies of the Public Hearing Notice were also mailed to property owners and occupants within a 300-foot radius of the subject property. The notice identified the City Council meeting on October 25, 2022. The Public Hearing was continued from the October 25th Council meeting to the Council meeting of November 22nd by the City Council, so no additional public notice was required aside from the Brown Act’s 72-hour notice for Council meeting agendas.
2022-037-CUP Page 5 of 5 November 22, 2022
CONCLUSION:

This conditional use permit will legally establish Hwy 1 General Automotive Repair in this location at 333 and 336 Guadalupe Street. As conditioned the project will allow for the continuation of this neighborhood serving small business; and yet will ensure the facility operates in a manner that meets applicable safety standards and is a good and compatible neighbor with the surrounding land uses.

ATTACHMENTS:

1. Resolution No. 2022-92

2. Aerial Site Map

3. Project Plans

4. Property Owner Letter Authorizing Use of 333 and 363 Guadalupe Street.

5. Public Safety Director’s Report with Fence Ordinance

Page 1 of 7 ends

RESOLUTION NO. 2022-92

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA, APPROVING A NOTICE OF EXEMPTION AND A CONDITIONAL USE PERMIT FOR HWY 1 GENERAL AUTO REPAIR (2022-037-CUP)
WHEREAS, Mr. Antonio A. Carrillo (the “Applicant”) submitted an application for a conditional use permit (2022-037-CUP), to legalize an unpermitted automotive repair business with associated temporary vehicle storage on the properties identified as 333 and 363 Obispo Street (APNs 115-163-002, and 115-163-003); and
WHEREAS, the properties are located in the M-C (Industrial Commercial) zoning district and Municipal Code Section 18.40.030(C) requires review and approval of a conditional use permit to allow an automobile repair and storage use in the M-C (Industrial Commercial) zone; and WHEREAS, the City Council held a duly-noticed public hearing on November 22, 2022, at which time all interested persons were given the opportunity to be heard, and notice of said hearing was published in the Santa Maria Times at least 10 days prior to the public hearing. Said public hearing notice was also mailed to all property owners within 300 feet of said property; and WHEREAS, the City Council adopts the findings made pursuant to the California Environmental Quality Act (attached as Exhibit 1 to this Resolution); and WHEREAS, after taking public testimony and hearing evidence from City staff, the City Council finds, pursuant to the Findings attached to this Resolution as Exhibit 2 and subject to the project’s Conditions of Approval attached to this Resolution as Exhibit 3, that the approval of the Conditional Use Permit, is consistent with the City’s General Plan, applicable Articles of the City’s Municipal Code.

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 approved the Notice of Exemption (attached as Exhibit 1 to this Resolution).

SECTION 2. The Findings set forth in Exhibit 2 to this Resolution are true and correct and reflects the independent judgement of the City Council with regard to the conditional use permit, which are hereby adopted and incorporated herein by this reference.

SECTION 3. The conditional use permit is approved, subject to the conditions of approval set forth in Exhibit 3 of this Resolution.

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

ATTACHMENT 1

Page 2 of 7 ends

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

PASSED, APPROVED AND ADOPTED at a regular meeting on the 22nd 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. 2022-92, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held November 22, 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

Page 3 of 7 ends

Notice of Exemption Exhibit 1
To: County Clerk From: City of Guadalupe
County of Santa Barbara 918 Obispo Street
123 E. Anapamu Street Guadalupe, CA 93434
Santa Barbara, CA 93101
Project Title: Hwy 1 General Auto Repair
Project Applicant: Antonio A. Carillo
Project Location-Specific: 333/363 Guadalupe Street
Project Location-City: Guadalupe Project Location-County: Santa Barbara County Description of Nature, Purpose, and Beneficiaries of Project:

The project is a conditional use permit to legally establish an existing auto repair facility in an existing garage and associated outdoor storage of vehicles awaiting repair, on a total of approximately 6,500 square feet, on two adjoining parcels totaling 1.9-acre. This project is deemed minor in nature.

Name of Public Agency Approving Project: Guadalupe City Council Name of Person or Agency Carrying Out Project: Antonio A. Carrillo 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: Section 15032 (Class 32) General Exemption (Section 15061(b)(3))
Reasons why project is exempt:

The primary auto repair business will occur within an enclosed garage. The building is already existing. No new construction is proposed or would occur in association with the project. An outdoor area, roughly 3,000 square-feet in size, is designated for parking and staging of vehicles waiting to be serviced or picked-by customers. The project is of negligible size on an already developed site; within an urbanized portion of the City of Guadalupe. There are no protected habitat areas in or near the project vicinity. After reviewing this minor project completely, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and therefore the activity is not subject to CEQA.

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

Page 4 of 7 ends

Exhibit 2

FINDINGS FOR APPROVAL
CONDITIONAL USE PERMIT (2022-037-CUP)
HWY 1 GENERAL AUTO REPAIR

1.0 CEQA Findings

1.1 CONSIDERATION OF THE CEQA EXEMPTION AND FULL

DISCLOSURE
The City Council has considered the Categorical Exemption (Class 32) together with the comments received and considered during the public review process for the project. The Categorical Exemption have 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 CONDITIONAL USE PERMIT FINDINGS
Pursuant to City of Guadalupe Municipal Code, Section 18.72.050, a Conditional Use Permit shall be approved only if all of the following findings can be made:

A. The project is consistent with the General Plan.

The property has a General Commercial General Plan land use designation. The Land Use Element of the General Plan specifically recognizes automotive services among the variety of uses appropriate in the General Commercial land use designation, it states:

Page 5 of 7 ends

The businesses encouraged within this district usually include motels, automobile services and restaurants, in addition to other types of commercial activities. Thus, this automotive repair service is among those uses recognized as appropriate for this site designated under the General Commercial land use designation and zoned for M-C (Commercial Industrial) use. Furthermore, the proposed project has would make utilization of an underutilized commercial property on an infill site. The business would provide convenient services to residents who live near the facility. Thus, the project would promote for the efficient use of land and public and private resources. This is consistent with Land Use Policy #2 which states: “To manage development to reduce construction and maintenance costs, improve infrastructure efficiency, prevent urban sprawl support community preferred lifestyles and maintain property taxes.” B. That the project will not be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use, or whether it will be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the City.

The project has been designed and conditioned to ensure its operations will function in harmony with the neighboring residential properties. Conditions have been applied to limit work to indoor areas, ensure proper disposal of waste materials; and visual standards will restrict outdoor storage, remove unsightly razor wire, and landscape and other visual improvements will be completed. Based on the above, the project will not be detrimental to the health, safety, and general welfare of the persons residing or working in the neighborhood. The use will not be injurious or detrimental to property and in the neighborhood or to the general welfare of the City.

Exhibit 3

CONDITIONS OF APPROVAL
HWY 1 GENERAL AUTO REPAIR
(2022-037-CUP)

GENERAL CONDITIONS

1. Project Description: Subject to the conditions set forth below, this permit authorizes the improvements and uses requested by Application No. 2022-037-CUP, shown in the project plans on file with the City of Guadalupe. The project includes approval of an automotive service and repair business within and existing garage. Adjacent to the north side of the garage is an area roughly 3,000 square-feet in size, that is designated for associated temporary vehicle storage and parking. Three parking spaces are provided. The existing garage contains up to four vehicle work areas. As a part of the business operation, customers typically are provided rides to drop-off and pick-up their vehicles. The vehicles in the staging area are those waiting to be repaired or serviced and will be rotated through the shop within a reasonable timeframe. No salvage or storage yard or automobile wrecking operations are approved by this conditional use permit. The activities and uses shall operate and within the locations as shown on the approved Plans dated, September 1, 2022, attached hereto, and incorporated.

Deviations may require amendments to the permit, including CEQA review. Deviations without the above-described approval will constitute a violation of the permit approval.

2. Legal Challenges: 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 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.

PLANNING DEPARTMENT CONDITIONS

3. Visual Site Improvements: The front area of the property currently exhibits a degree of disrepair and lack of maintenance. The site is directly across the street from the Amtrak station, which now serves as the transit stop for the Guadalupe Flyer and is thus a “gateway” corridor in the City. Within 90-days of approval of this conditional use permit the property owner shall complete the following:

• remove weeds from driveways.
• prune/trim large bushes.
• sweep dirt off sidewalk.
• Place drought tolerant groundcover in the area occupied by lawn; or otherwise maintain existing lawn in green and living condition.
• Place one or two drought tolerant specimen plants in middle of lawn area to improve appearance.
• Install drought tolerant shrubs in the dirt area at the front of the building at 363 Guadalupe Street.

In accordance with Municipal Code Section 18.64.120 all landscaped areas are to be maintained by the property owner in perpetuity.

4. Hours of Operation: Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m.

Monday through Saturday.

5. Outdoor Storage Prohibited: Long-term-storage of inoperable vehicles or storage dismantled vehicles is not approved under this conditional use permit. a. Vehicle Staging Area: An outdoor area, approximately 3,000 square-feet in size is provided to accommodate the short-term storage; and primarily temporary storage of the vehicles dropped off for servicing and the vehicles awaiting customer pick-up. Short-term storage shall be limited to the areas as shown on the approved Site Plan.
b. General Site Maintenance: Outdoor Areas shall be maintained in a clean and orderly manner. Vehicles in the staging area shall not be haphazardly located but shall be arranged in a well-organized manner only within the designated staging area. The site shall be maintained free from unused or unnecessary materials and shall remain free from weeds and litter.

6. Razor Wire Prohibited: A chain link fence is existing along the common boundary between the alley and the vehicle staging area is permitted to remain. However, the worn and misshapen razor wire shall be removed from the top of the fence. Once removed the razor wire shall not be replaced. The existing three-strand barbed-wire shall be allowed. Any barbed wire shall be tightly strung free from breakage and drooping or rust. Windblown debris or litter shall be promptly removed from fencing.

7. Hazardous Materials: Use and storage of hazardous materials are limited to those small amounts of materials associated with this three-service bay automotive repair business.

All hazardous waste materials shall be properly disposed of in full accordance with state and City requirements, including but limited to Guadalupe Health and Safety Code Section 18.12.130.

8. Parking: Three (3) parking spaces are provided. This CUP recognizes, most customers will receive rides to the facility to drop-off their vehicles to be serviced and to pick-up their repaired vehicles.
a) If at such time it is determined by the City that additional parking is needed, a site or use modification shall be required by the applicant. As an example, additional parking spaces could be required within the vehicle staging area or elsewhere on the property. The site or use modification shall provide additional parking spaces to satisfy the additional parking needs as specified by Municipal Code standards.

9. Business License: A Business License is required. The applicant shall obtain a City Business License within 30-days of approval of this conditional use permit.

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

11. Zoning Clearance: No Building Permit shall be issued until a Zoning Clearance has first been issued by the Planning Department for the As-Built construction as well as the solar project.

12. Landscape Maintenance: In accordance with Municipal Code Section 18.64.120, all required landscaping shall be maintained in good condition. Such maintenance shall include, where appropriate, pruning, moving, weeding, cleaning, fertilizing, and watering. Whenever necessary, plant materials shall be replaced, and any structural materials included in the basic landscaping design shall be repaired or replaced.

13. Compliance with Conditions: The applicant shall comply 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.

14. 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 noisegenerating equipment) are not subject to these restrictions. The applicant is advised that building inspectors and planning staff will spot check and respond to complaints.

BUILDING DEPARTMENT CONDITIONS

15. Restroom: A restroom is required to be provided for the automotive repair garage employees. [C.P.C., §422].

16. Flammable Materials: Any Flammable or Combustible Liquids used or stored in the building shall not exceed the maximum allowable quantities per control area as indicated in the California Building Code (C.B.C.) Table 414.2.5(2), provided that the materials are displayed and stored in accordance with the California Fire Code. Control areas shall comply with C.B.C., §414.2.1 through 414.2.5 and the California Fire Code.

17. Control Area: Control areas shall be separated from each other by fire barriers constructed in accordance with C.B.C. §707 or horizontal assemblies constructed in accordance with C.B.C. §711, or both as applicable. [C.B.C., §414.2]

18. Building Permit: A building permit application, plans and specifications demonstrating compliance with current California Building, Fire, Plumbing, Mechanical, Electrical, Green Building and Energy Standard Code requirements is to be submitted, and permits obtained prior to any new construction.

FIRE DEPARTMENT CONDITIONS

19. CFC 304.3.4 Dumpsters: Capacity of 1 cubic yard or more. Dumpsters with an individual capacity of 1.0 cubic yard [200 gallons] or more shall not be stored in buildings or placed within 5 feet of combustible walls, openings, or combustible roof eave lines.

20. CFC 305.1 Clearance from ignition sources: Clearance between ignition sources, such as luminaires, heaters, flame-producing devices, and combustible materials, shall be maintained in an approved manner.

21. CFC 311.2.3 Fire separation: Fire-resistance-rated partitions, fire barriers and fire walls separating vacant tenant spaces from the remainder of the building shall be maintained.

Openings, joints, and penetrations in fire-resistance-rated assemblies shall be protected in accordance with Chapter 7.

22. CFC 315.3 Storage in buildings: Storage of materials in buildings shall be orderly and stacks shall be table. Storage of combustible materials shall be separated from heaters or heating devices by distance or shielding so that ignition cannot occur.

23. CFC 315.3.1 Ceiling clearance: Storage shall be maintained 2 feet or more below the ceiling in non-sprinklered areas of buildings or not less than 18 inches below sprinkler head deflectors in sprinklered areas of buildings.

24. CFC 315.3.2 Means of egress: Combustible materials shall not be stored in exits or enclosures for stairways and ramps

25. CFC 315.4 Outside storage: Outside storage of combustible material s shall not be located within 10 feet of a lot line.

26. 407.2 Safety Data Sheets: Safety Data Sheets (SDS) for all hazardous materials shall be either readily available on the premises as a paper copy, or where approved, shall be permitted to be readily retrievable by electronic access.

27. 503.3 Marking: Where required by the tire code official, approved signs or other approved notice or markings that include the words NO PARKING-FIRE LANE shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof

28. CFC 503.4 Obstruction of fire apparatus access roads: Fire apparatus access roads shall not be obstructed in any manner including the parking of vehicles.

29. GMC 15.08.020 (503.6.2) Manually Operated Gates: All manually operated gates installed across required fire access roads or pathways and which are locked shall have a Knox brand padlock installed. The Knox padlock shall be integrated with any other lock in such a manner as to allow the gate to be opened by unlocking the Knox padlock only.

30. GMC 15.08.020 (505.1) Address Numbers: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 6 inches (152 mm) high with a minimum stroke width of 0.75 inch (19 mm) for commercial and industrial occupancies. Where access is by means of a private road and the building cannot be viewed from the public way, a monument pole or sign or means shall be used to identify the structure. Address identification shall be maintained.

31. GMC 15.08.020 (505.1.1) Rear Door Address Numbers: All commercial and industrial buildings with access via an alley or other similar roadways shall have the address number, unit or suite number, and street name provided on or adjacent to the rear door of the building or tenant space. These numbers shall contrast with their background.

Address and suite numbers shall be Arabic numerals or alphabet letters, shall be a minimum of 6 inches (152 mm) high with a minimum stroke width of 0.75 inch (19 mm).

The street name shall be a minimum of 4 inches in height with a minimum stroke width of 0.5 inch (12.7 mm). Numbers and/or letters of larger size may be required based on the size and design of the building or group of buildings.

32. GMC 15.08.020 (505.1.2) Address Directory: All buildings, or groups of buildings served by an alley, private driveway, or similar roadway system, shall be provided with an address directory at every entrance to the property. The design of the directory shall be in accordance with standards set forth by the Fire Code Official. The directory shall be maintained by the property owner, Homeowner’s Association, or other individual or group in charge of the property.

33. GMC 15.08.020 (506.1) Where required: All new commercial occupancies shall have a Knox brand key box installed as directed by the Fire Code Official. Existing commercial occupancies shall install a Knox key box as directed by the Fire Code Official when a Building Permit is obtained for any work. The key box shall contain keys that will allow the Fire Department access to all portions of the building. The keys shall have a tag affixed identifying their purpose.

34. GMC 15.08.020 (506.1.1) Locks: All gates or similar barriers across required Fire Department access roads or pathways shall have a Knox brand padlock installed in addition to any lock placed by the property owner or tenant. The Knox padlock shall be integrated with any other lock in such a manner as to allow the gate to be opened by unlocking the Knox padlock only.

35. GMC 15.08.020 (509.1.1) Utility Identification: Where required by the fire code official, gas shutoff valves, electric meters, service switches and other utility equipment shall be clearly and legibly marked to identify the unit or space that it serves. Identification shall be approved by the Fire Code Official, readily visible and shall be maintained. (Provide a minimum of 1-inch letters for Gas utilities, a 2 inch letters for Electrical and Water utilities)

36. CFC 604.5 Extension cords: Extension cords and flexible cords shall not be a substitute for permanent wiring.

37. CFC 906.2 General requirements: Portable fire extinguishers shall be selected, installed, and maintained in accordance with this section and California Code of Regulations, Title 19, Division 1, Chapter 3. (Provide a fire extinguisher with a minimum rating of 4A:80B:C for every 50 foot of travel distance.)

38. CFC 2311.2.2 Class IIIB Liquids: Waste oil, motor oil and other Class IIIB liquids. Waste oil, motor oil and other Class IIIB liquids shall be stored in approved tanks or containers, which are allowed to be stored and dispensed from inside repair garages.

39. CFC 2311.3 Sources of ignition: Sources of ignition shall not be located within 18 inches (457 mm) of the floor and shall comply with Chapters 3 and 35.

40. CFC 2311.3.2 Smoking: Smoking shall not be allowed in repair garages except in approved locations. (Post No Smoking sign at entrance and inside facility)

41. CFC 310.3 "No Smoking" signs: The fire code official is authorized to order the posting of "No Smoking" signs in a conspicuous location in each structure or location in which smoking is prohibited.

42. CFC 2311.7 Fire extinguishers: Fire extinguishers shall be provided in accordance with Section 906.

End of Conditions

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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. ,I
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 1 ATTACHMENT 5

2042 General Plan Page 1 of 9 November 22, 2020
Agenda Item No. 10

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of November 22, 2022
Prepared by: Approved by:
_________________________________ _____________________________ Larry Appel, Contract Planning Director Todd Bodem, City Administrator SUBJECT: Adoption of the 2042 General Plan and approval of the Mitigated Negative Declaration (SCH # 2022080492).

EXECUTIVE SUMMARY:

A General Plan is required by State Law and serves as a community’s blueprint for the use and development of land within its planning area. The General Plan is the primary tool for local governments that help guide future development. California Government Code (Section 65300 et. seq.) requires cities to adopt a general plan to guide future development and the general plan outlines goals and policies to guide long-range planning boundaries within a city. The state requires eight mandatory elements and allows for a number of optional elements. The elements covered in this updated General Plan include: Land Use, Circulation, Conservation and Open Space, Safety, Noise, Environmental Justice, Community Design and Historic Preservation, Public Services and Facilities, and Economic Development. The Housing Element was not part of this update as the city had recently updated that element on its own in 2019, and will be working on a 6th Cycle update next year. Each element of the General Plan contains goals, policies and programs to provide guidance to decision-makers and the public when questions arise about the appropriate use of individual parcels of land and other resources. Four workshops were held with the public, elected officials, and staff to discuss various issues that were used to help direct preparation of this General Plan. Following adoption of the 2042 General Plan, staff will be tasked with implementing the many programs identified in the various elements as well as prepare a consistency rezone for all properties that had a change in their land use designations.

An Errata Sheet has been prepared by EMC, addressing all the changes that have been requested from the City Council at the August 2021 hearing as well as comments from staff and the general public. Those changes are included as Attachment 1. Once the General Plan has been adopted, those changes will be incorporated into a final document and translated into Spanish.

RECOMMENDATION:

It is recommended that the City Council:
1) Receive a presentation from staff and EMC; and
2) Conduct a public hearing; and
2042 General Plan Page 2 of 9 November 22, 2020
3) Adopt Resolution No. 2022-103 approving the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP); and 4) Adopt Resolution No. 2022-104 adopting the 2042 Guadalupe General Plan BACKGROUND:

In the fall of 2019, staff held two workshops with City Council to begin the process of hiring a consultant to update the 2002 Guadalupe General Plan. Discussions included the scope of work since the state had revised the basic requirements to include additional elements. No funding had been identified at that time for this planning effort which could have further delayed the update; however, staff was able to apply for and be awarded an SB-2 grant through the Department of Housing and Community Development process. The total grant was $160,000 of which $150,000 was earmarked for the general plan update. Recently HCD allowed the remaining $10,000 to be used to cover additional costs for the update as well.

In 2018-2019 a contract administered and supervised by a past city administrator had a team of Cal Poly students prepare a General Plan update for the city. It was later found to be inadequate for use by the city, but the Land Use Element contained an analysis of three growth scenarios for the city. These scenarios were presented to City Council on October 13, 2020. At that time the Council decided to model the updated General Plan with a moderate growth scenario. The Alternative #2 (Moderate Growth) Alternative proposed the following components:
 Expected 2040 population: 10,700 (31% increase)
 900 additional housing units
 520 new jobs by 2042
A long RFP process culminated in the hiring of EMC Planning Group on August 25, 2020.

Preparation of the documents began shortly thereafter. Due to Covid-19 protocols and precautions, the city tour and kick off meeting were postponed until January 24, 2021. During the intervening months, EMC began working on various elements of the General Plan.

Administrative draft chapters were submitted to the city for review in April and May 2021. The Draft General Plan was released on July 31, 2021 with a public hearing by Council on August 26, 2021. At that meeting staff and EMC presented the draft, the public spoke and after a number of edits, Council accepted the draft and directed staff to move forward with CEQA (environmental) review.

Staff released an RFP for preparation of an environmental document to address any impacts of the Draft General Plan. Three firms were also contacted but only EMC responded with a proposal. City Council accepted the proposal for a not-to-exceed figure of $111,074. Staff had earlier secured another grant (LEAP) for $65,000 which when added to $46,074 from the city’s ARPA grant (lost government revenue category) was sufficient to fund the EMC contract for preparation of the environmental document.

EMC reviewed the Draft General Plan and determined through use of an Initial Study that the project could prepare a mitigated negative declaration (MND) rather than an environmental 2042 General Plan Page 3 of 9 November 22, 2020
impact report (EIR). The MND was released this past summer for a 30-day comment period. The document was transmitted electronically to the State Clearinghouse (Office of Planning and Research) along with notice to many local agencies. Only one comment letter was received during the 30-day period, Caltrans District 5 Office. No changes to the MND were necessary as a result of Caltrans’s comments.

DISCUSSION:

In the following sections, each of the elements from the draft General Plan will be summarized.

To obtain a full understanding of the new elements and updates to the existing elements, one should read the full General Plan text.

Land Use Element – There are a number of substantial changes to this element from the 2002 General Plan, most importantly an increase in densities across the board from single family to high density multifamily. This is in accordance with direction and encouragement from the Department of Housing and Community Development. The goal of various state agencies over the past few years is to open up the housing development market in all jurisdictions. The 6th Cycle Regional Housing Needs Allocation (RHNA) has required Guadalupe to provide a combination of zoning and land to support 431 units with the following affordability requirements (3 very low, 24 low, 77 medium, and 327 moderate). This is a huge increase over our 5th Cycle which only required 50 total units. The table below reflects the changes to the densities under the three major residential land uses.
2002 General Plan 2042 General Plan
Neighborhood Residential 6 units/acre Low density Residential 1-12 units/acre Medium Density 7-10 units/acre Medium Density 13-20 units/acre High Density 11-20 units/acre High Density 21-30 units/acre Another major change, the Central Business District which is zoned General Commercial will be changed to Downtown Mixed Use. This will enable owners of property in those roughly 18 acres to develop commercial or residential units (up to 30 units per acre) without the need for a conditional use permit.

Other areas of town affected by changes in land use designations are a portion of Pioneer Street that will go to High Density Residential, the Gularte Tract which will all be designated Medium Density Residential (R-2), and several other areas of town, as discussed in the General Plan. In all, the 2042 General Plan will allow for up to 840 new residential units and 1.3 million square feet of new commercial and industrial uses.

Circulation – The materials contained in this element are drawn primarily from the Guadalupe Mobility + Revitalization Plan (2019), which provided a comprehensive identification of key circulation issues and opportunities. That plan was based on extensive community input and identified the six key issues and opportunities:
 Cross-Town Connectivity
 Capitalizing on Tourism
 Sidewalks and Safe Routes to School
 Business and Services
2042 General Plan Page 4 of 9 November 22, 2020
 Disconnected Growth
 Community Identity
This element focused on the various modes of circulation through the city and planned improvements, in particular, bike lanes to interconnect the city. The Public Works Department will be involved in nine of the ten programs to improve local circulation.

Environmental Justice – This is a new mandatory element required by Senate Bill 1000 for cities that contain disadvantaged communities. A disadvantaged community is defined as “a lowincome area that is disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation” (source: Cal EPA).

A number of areas were addressed in the draft General Plan with topics including:
 Reduced pollution exposure and improved air quality
 Health in all policies
 Promote physical activity
 Promote safe and sanitary homes
 Reduce health risks
 Promote “civil engagement” in the public decision-making process  Prioritize disadvantaged communities
 Promote public facilities
The Goals, Policies and Programs are all focused to promote and create programs that will improve the lives of residents within the city.

Conservation and Open Space – The Conservation and Open Space covers mandated elements and addresses the conservation of natural resources and open spaces. During the public workshops for preparation of the General Plan, residents wanted the city to preserve surface and groundwater. Others wished for tree plantings and improving landscaping in public places. This element addresses the importance of farmland and how the active agriculture can lead to problems due to crop dusting, pesticide and insecticide spraying, agricultural burning and generational of dust and odor. The next section discusses the potential for certain special status plant species to occur within the city. In each plant description, the report concludes the plant “is not expected within the disturbance footprint.” The same conclusion was reached for animal species with the exception of nesting birds which have a moderate potential to occur within the study area. The element also discusses Floodwater Management and how the flood zone remains outside the city limits. There are no known tribal or archaeological sites within the city.

There are numerous parks in town from mini/pocket parks to regional parks. Guadalupe has 7.04 acres per 1000 residents which exceeds the three acre standard. But the element points out that there are a number of areas in town which lack neighborhood or mini/pocket parks. Some proposed programs will require the city to work with the school district for joint use of school play fields and other recreational areas. One other significant program coming out of the 2042 General Plan Page 5 of 9 November 22, 2020
Conservation and Open Space element is that the city will develop and adopt a qualified Climate Action Plan (CAP). Public Works is in the process of acquiring funding to prepare the CAP.

Economic Development – The Economic Development Element is an optional element of the General Plan. It addresses the key factors that drive a city’s economy, identifies a city’s ability to attract quality employment for residents, and revenue for city programs. Table 6.1 provides a list of resident employees by category. It shows that 29% of all city workers are involved in agriculture. The next closest field (12%) is in health care and social assistance.

The 2002 Economic Development Element focused on a development strategy focused on growth of the community’s economic base. Guadalupe’s economic development strategy builds on three key assets: 1) AMTRAK and other commuter rail services, 2) affordable housing and real estate, and 3) industrial manufacturing and remanufacturing. The Guadalupe Business Association (GBA) feels strongly that installation of high speed internet within the city would be a strong enhancement to bring new business to town. In recent months, Council has encouraged new businesses in the downtown by expanding the types of businesses that are allowed within the General-Commercial zone district. Several Programs are proposed to improve the economic base:
 Expand food and drink sales in Commercial-Industrial zones  Program to demolish dilapidated buildings
 City Administrator will maintain and expand partnerships with GBA and other local economic partners
 Work to provide broadband infrastructure to the city
 As funds are available, implement the Guadalupe to Beach Multi-Use Trail Study Community Design and Historical Preservation – This is another optional element, but the 2002 General Plan contained a lot of good information so it was decided to update the element. The primary purpose of this element is to ensure that new development is well-designed and compatible with the community’s historic character and that exiting structures with historical significance are protected and preserved as the community grows and changes.

The Downtown Design Guidelines, original adopted in 1999, provides design guidance and standards for development and was included in 2008 as a Finding within the Design Review section of the zoning ordinance. This element also covers historic resources and landmarks.

There are 16 historic properties within the city and these are identified in Figure 7-3. The element contains six programs to ensure the resources and landmarks are preserved:
 Update Downtown Design Guidelines
 Update Design Review process
 Assign a team to evaluate properties not currently on the list, for inclusion  Initiate a process to create and fund a program to improve the Downtown Plaza (Veterans Memorial Plaza)
 Design and construct gateways for the city
2042 General Plan Page 6 of 9 November 22, 2020
 Revise the zoning ordinance to require landscape buffers between industrial uses and residential development
Air Quality and Safety – These two elements are mandatory and have been combined. They address air quality and the potential short and long-term risk of death, injuries, property damage, and economic and social dislocation resulting from climate change, hazardous materials, floods, fire, earthquakes, and crime. The Safety portion of this element incorporates Guadalupe’s local hazard mitigation plan in accordance with Government Code Section 65302.6.

The primary air quality issues facing Guadalupe are pollutants generated by nearby agricultural operations. This includes dust from the fields and from road surfaces that are used by field equipment. It also includes fertilizers and other farm chemicals, hazardous materials used in cold storage and manufacturing, and exhaust from diesel trucks.

The Air Quality element summarizes the six criteria pollutants that are regulated by the federal Clean Air Act and California Clean Air Act. According to the Air Pollution Control District’s (APCD) 2019 Annual Air Quality report, Santa Barbara County met the federal ambient quality standards for all measured pollutants except the 8-hour ozone standard. The state ambient air quality standards were met for all pollutants except the 24-hour PM10 standard and the 8-hour ozone standard. Policies and Programs in this element are intended to minimize dust as well as provide adequate separation between sensitive receptors and emission sources.

The Safety element discusses Hazardous Materials, Flood Risk, Wildfire Risk, and Public Safety and Seismic Risk. The 2017 Multi-Jurisdictional Hazardous Mitigation Plan provides a complete discussion of the topics noted above along with Guadalupe’s climate adaptation and resiliency strategy.

In order to address issues raised in these two elements, the following programs will be added:
 Planning and Building will require APCD dust abatement measures for new construction projects
 The development review process will be used to avoid or minimize toxic air contaminants on sensitive receptors
 Public Works will identify any remaining buildings regarding seismic retrofitting  City Administration will work with Police and Fire to develop and institute an impact fee program
 Police and Fire will conduct emergency drills each year  Fire will use the development review process to ensure proposed development projects are evaluated and conditioned
Public Facilities – The Public Facilities Element is an optional element of the general plan that provides additional planning focus for basic utilities provided to residents including: potable water, sanitary sewer solid waste services, and drainage management. The element also provides information and high-level planning for public schools in Guadalupe. 2042 General Plan Page 7 of 9 November 22, 2020
The City of Guadalupe has worked diligently over the last decade to improve, maintain, and operate its public facility systems – water, sewer, solid waste, and drainage. The city responded to its water resource challenges by undertaking a major updating its water master plan in 2014, which identified a series of public facility improvements to mitigate the worst impacts of drought conditions. The city now has in operation two 1,000 gallon-per-minute water wells which when combined with water from the State Water Project provide enough water to meet anticipated future demand.

Guadalupe experienced similar success in its wastewater engineering and planning. In the early 2010s, the State Water Resources Control Board put the city on notice that it was out of compliance with its wastewater treatment plant discharge permit. The plant was updated and now the city is in full compliance with its discharge permit and has room to handle expanding development identified in the update. In short, the city is well on its way to meeting all state and regional requirements related to water, wastewater, solid waste, and drainage facilities and is well positioned to accommodate the future growth anticipated in the updated General Plan.

Students in the city attend Mary Buren Elementary (K-5) and Kermit McKenzie Junior High (6-8).

Both local schools are over capacity. The majority of high school students attend Righetti High School with some attending Santa Maria High School. The School District’s plan is to build a new junior high on the Pasadera property to address the overcrowding in the two schools located in the city. Future improvements in education include a program to provide extension courses from Alan Hancock College.

Noise – The Noise Element is one of the mandatory elements of the general plan that provides a basis for comprehensive local programs to control and abate environmental noise and to protect residents from excessive exposure. The most prominent noise issues facing Guadalupe is noise generated by train traffic on the Union Pacific Railroad tracks that run north-south through the center of the city. Noise from the railroad tracks comes from train horns sounded as trains approach grade crossings in the city and from train locomotives, whose powerful engines pull their load through the city. Guadalupe is also affected by noise from automobile and truck traffic on the two state highways that run through the community. Finally, industrial operations located along the southern reaches of Guadalupe Street generate noise that can affect nearby residents in the Flower Street Neighborhood to the east and in the Westside Neighborhood to the west.

Maximum noise levels are restated in Table 10-1 which ensure that exterior sound levels do not cause impacts to residents. The general plan presents one program wherein the Planning Department is required to codify new noise regulations to ensure that acoustical studies be prepared where noise-sensitive uses are located.

Implementation – Chapter 11 of the draft General Plan consolidates Goals, Policies and Programs from each of the mandatory and optional elements. This chapter will be used by city staff, primarily Planning Department, to organize and prioritize the numerous Programs for implementation. In total, there are 42 separate Programs that require implementation. The draft General Plan called out for implementation of the Programs in one, two, or three years. At the August 2021 City Council meeting, Council heard from staff who were concerned that they would be overwhelmed with implementation and not be able to keep up with normal project 2042 General Plan Page 8 of 9 November 22, 2020
processing and because the Programs would be taking priority. Council agreed that the final General Plan would have all the timing changed to three years. It doesn’t mean that staff would wait three years to implement Programs, rather it would just not require them to complete them in the shorter timeframe. As an example, the Climate Action Plan would require a significant amount of time to coordinate and prepare.

One other major component of General Plan implementation is the need to process consistency rezones for all the properties that have had their land use designation changed through this process. This will be a priority item for staff to return early next year with all of the many properties so that future development won’t be hindered.

CEQA REVIEW
As previously noted, EMC was selected to prepare the Initial Study after City Council accepted the draft General Plan in August 2021. The Planning Director agreed with the recommendation of EMC to utilize a Mitigated Negative Declaration as the appropriate environmental document to address the impacts identified in the Draft General Plan. Potentially significant impact areas included: Air Quality, Biological Resources, Cultural Resources, Geology/Soils, Greenhouse Gas Emissions and Noise. In order to reduce impact levels below significance for the General Plan, it was necessary to identify feasible mitigation measures. Those measures will be summarized below.

Air Quality – Two measures were added that address air pollution, dust control construction exhaust control measures during construction of new development projects.

Biological Resources – The MND recommends four measures to address potentially significant impacts. The measures are to be converted into policies of the Conservation and Open Space Elements. They address potential impacts to special-status species in the riparian or grassland habitat, nesting bird habitat, within 50 feet of the edge of riparian vegetation or 50 feet from the top of bank of wetland habitats, and 50 feet from the top of bank of potential jurisdictional wetlands. If necessary, special focused studies would be required prior to completion of environmental review for new projects in these areas.

Cultural Resources – The MND recommends adding two measures to the Community Design and Historic Preservation Element and one measure to the Conservation and Open Space Element.

The first is the standard “discovery clause” which stops construction when artifacts are unearthed during construction. The second requires the artifacts to be returned to local Native American tribes after being examined by a qualified archaeologist. The third measure deals with human remains and requires the city to follow the procedures under PRC Sections 5097.98.

Geology/Soils – Under geology, the MND recommends one measure to be added to the Conservation and Open Space Element in the unlikely event that paleontological (fossils) are unearthed at construction sites. The measure includes a recovery program if necessary.

Greenhouse Gas Emissions – These are probably the most significant mitigation measures in the MND. Had these measures not been added, then the city would have been required to prepare 2042 General Plan Page 9 of 9 November 22, 2020
a full Environmental Impact Report (EIR) which would have cost hundreds of thousands of dollars.

The first measure requires the city to prepare a climate action plan. The Public Works Department is working with Santa Barbara County APCD to obtain funding that would allow this document to be prepared. The second measure, which is to be added as a policy to the Conservation and Open Space Element would require all new construction projects would be prohibited from using natural gas and would be required to be all electric. This would allow the city to meet the California Green Building Standards Code Tier 2 requirements.

Noise – Two mitigation measures recommend added policies to the Noise Element. The measures address noise and vibration from new construction. Maximum noise levels are identified for various uses in Figure 10, page 89 of the General Plan.

Mitigation Monitoring and Reporting Plan (MMRP) – In 1989, the state codified AB 3180 in which each agency approving an EIR or MND were also required to produce a MMRP. This document provides a list of each mitigation measure which makes it easier to find the various measures and ensure that they are being implemented.

PUBLIC NOTICE:

Staff published the required Public Hearing Notice in a newspaper of general circulation for the MND prior to its 30-day circulation for comments. A subsequent notice has been published that identifies November 22, 2022 as the public hearing date for the General Plan adoption and MND approval. The Public Hearing Notice was also posted in three public locations in the city as required by Government Code section 65090 on November 11, 2022.

ATTACHMENTS:

1. Errata Sheets to Update Draft General Plan

2. Resolution No. 2022-103 adopting the Final MND, including the MMRP;

3. Resolution No. 2022-104 including Approval Findings (Exhibit 1).

4. Mitigation Measure Reporting Plan
1 EMC Planning Group
Guadalupe General Plan Errata November 22, 2022
Guadalupe 2021 General Plan
Errata
November 22, 2022
The following errata is intended to be incorporated into the July 30, 2021 Public Review Draft Guadalupe 2021 General Plan, once the Mitigated Negative Declaration/ Environmental Initial Study and the 2021 General Plan are adopted by the City Council with this errata. The incorporated errata and republishing of the General Plan will create the official City of Guadalupe General Plan.

The suggested errata for City Council consideration and eventual adoption is:

1. Amend Cover Page to delete “Public Review Draft”, Change the date to “adopted November 22, 2022”, and change the title to read “City of Guadalupe 2042 General Plan”.

2. Amend the Inside Cover Page in the same way as #1 above.

3. Create an Acknowledgement Page, to acknowledge the City Council and City Staff that participated in the preparation of the General Plan Update.

4. Amend the Table of Contents, as necessary, and clean-up any typos found in the plan.

5. Change title blocks on all figures to read: Guadalupe 2042 General Plan (instead of 2021).

6. Change 2021 to 2042 in all text references of the General Plan.

7. Section 3 (Page 3- 27), add a new policy CIR-1.3 which reads: Require transportation demand management and/or trip reduction programs for individual non-residential projects with mobile-source emissions which exceed SBCAPCD thresholds. Change subsequent numbering, as appropriate.

8. Section 4, Environmental Justice (Page 4-11), add to policy EJ-1.1as follows: The Climate Action Plan will incorporate the goals of reducing emissions within the City to 40 percent below 1990 levels by 2030 and achieving carbon neutrality by 2045. Delete: support the preparation.

ATTACHMENT 1
2 EMC Planning Group
Guadalupe General Plan Errata November 22, 2022

9. Section 5.3 Agricultural Soils (Page 5-5), last sentence, change the reference to the Farmland Map to “Important Farmland/ Williamson Act”.

10. Section 5.3 Agricultural Soils (Page 5-5), replace Figure 5-1 with the Important Farmlands Map (Figure 6) in the Environmental Initial Study and change the title to “Important Farmland/Williamson Act”. The Figure in the General Plan will remain Figure 5-1.

11. Section 5, Conservation and Open Space, 5.4 Biotic Resources (Page 5-7), Biological Setting paragraph 2, add a new last sentence to read: Based on a general data review, habitat-types within or directly adjacent to the City Limits were identified at a general level and are shown in Figure 5-2, Habitat Map. It is possible that habitat may be located on specific sites that is not identified in Figure 5-2. Add: New Figure 5-2.

12. Section 5, Conservation and Open Space, 5.4 Biotic Resources (Page 5-7), Special Status Plant Species, add a new last sentence to the first paragraph to read: Figure 5-3, Recorded Observations of Special-Status Plant Species, presents a map of California Natural Diversity Database records within one mile of the city limits. Add: New Figure 5-3.

13. Section 5, Conservation and Open Space, (Page 5-26), delete policy COS- 1.5 and add four new biological policies from the environmental review document as follows:

COS-1.5 - Where development could occur in areas with potential habitat for specialstatus species occurs, such as within the riparian or disturbed grassland areas shown on Figure 5-2, Habitat Map and Figure 5-3, Recorded Observations of Special-Status Species, or in other locations where such habitat may be present as may be identified by the Planning Director, an assessment of potential impacts to biological resources shall be conducted by a qualified biologist. If determined necessary by a qualified biologist, focused surveys per applicable regulatory agency protocols shall be conducted to determine if such species could occur. Impacts to special-status species shall be avoided or minimized to the extent possible. If impacts cannot be avoided, measures to mitigate for the loss of individuals and/or habitat shall be implemented.

COS- 1.6 - Where development could occur in areas with potential nesting bird habitat, such as within the riparian or disturbed grassland areas shown on Figure 5-2, Habitat Map, or in other locations where such habitat may be present as may be identified by the Planning Director, native nesting birds protected by the Federal Migratory Bird Treaty Act and the California Fish and Game Code shall be surveyed for and protected, if found. Disturbance activities shall not occur during the nesting season (generally considered February 1 – August 31) until nesting bird surveys have been conducted and no nesting activity is occurring on or adjacent to a project site. If nesting activity is 3 EMC Planning Group
Guadalupe General Plan Errata November 22, 2022
observed, a qualified biologist may recommend an exclusion area be maintained until birds have fledged.

COS- 1.7- The City shall protect the ecological, aesthetic, and recreational value of sensitive wetland and riparian habitats associated with aquatic features within and directly adjacent to the city limits. Where development could occur in or within 50 feet of the edge of riparian vegetation or 50 feet from the top of bank of wetland habitats shown on Figure 5-2, Habitat Map, or in other locations where such features may be present as may be identified by the Planning Director, a qualified biologist or restoration ecologist shall be retained to determine the appropriate development setbacks and other protective measures needed to ensure the long-term protection and enhancement of the sensitive community.

COS- 1.8- Applicants for projects on sites within 50 feet from the top of bank of potential jurisdictional wetlands or waterways as shown on Figure 5-2, Habitat Map, or in other locations where such features may be present as may be identified by the Planning Director, shall retain a qualified biologist/wetland regulatory specialist to conduct a site investigation and assess whether the wetland or waterway features are jurisdictional, assess potential impacts, and determine whether stream buffers/riparian setbacks are required. If a feature is found to be jurisdictional or potentially jurisdictional, the applicant shall comply with the appropriate permitting processes.

And change numbering sequence in this section.

14. Section 5, Conservation and Open Space (Page 5-26), add three new Cultural Resource Policies from the environmental review document as follows:

COS- 1.10- If unknown subsurface historical resources, including potential tribal cultural resources, are discovered during grading, excavation, trenching or other disturbance of the existing ground surface of a project site, all work shall be halted within at least 50 meters (165 feet) of the find and the area shall be staked off immediately. The City shall be notified immediately and a qualified professional archaeologist shall be retained to evaluate the find and report to the City. If the find is determined to be significant, recommendations provided by the archaeologist to mitigate potential impacts on archaeological resources and tribal cultural resources shall be required as conditions of project approval. Individual projects shall follow CEQA and other applicable State laws for mitigating impacts on cultural and tribal cultural resources.

COS-1.11- All archaeological resources and cultural resources of Native American origin, and all tribal cultural resources uncovered and recovered during the development of vacant or underutilized land shall be returned to local Native American tribes after the resources have been examined by a qualified archaeologist. 4 EMC Planning Group
Guadalupe General Plan Errata November 22, 2022
COS- 1.12- If human remains are found during earth-moving, grading, or construction activities, pursuant to Section 7050.5 of the California Health and Safety Code, all construction and excavation activity shall cease. If the remains are of Native American descent, actions must be taken to identify and appropriately treat the remains, including the coroner notifying the Native American Heritage Commission within 24 hours, and notifying a most likely descendent pursuant to Section 5097.98 of the California Public Resources Code.

15. Section 5, Conservation and Open Space (Page 5-26), add one new Geology and Soils policy from the environmental review document prepared for the Guadalupe General Plan, as follows:

COS- 1.13- In the event that evidence of paleontological resources is uncovered during ground disturbing activities, all work shall stop in the immediate area and the Planning Director shall be notified. A qualified paleontologist shall be retained to assess the scientific significance of the paleontological resources. If found to be significant, an appropriate data recovery program shall be developed and implemented by the paleontologist.

16. Section 5, Conservation and Open Spaces (Page 5-26), change program COS-1.1.1 to “within three years” (from one year), and (Page 5-27), delete program COS-1.1.3 as it is duplicative of program COS-1.1.2.

17. Section 5, Conservation and Open Space (Page 5-26), add one new GHG policy from the environmental review document prepared for the Guadalupe General Plan, as follows:

COS- 1.14- Until such time as the City adopts a qualified action plan consistent with mitigation measure GHG-1, individual development projects shall be constructed to use no natural gas and to meet California Green Building Standards Code Tier 2 requirements for electric vehicle charging infrastructure. Where such projects also generate less than 110 vehicle trips per day or produce less than 1,100 metric tons per year of carbon dioxide equivalent, no further action is required. Where such projects do not meet either the daily trip volume or mass emissions criteria, a VMT analysis must be conducted. If the VMT impact is less than significant, no further action is required. If the proposed project cannot meet one or more of the three required best management practices (no natural gas, electric vehicle support infrastructure, and less-than-significant VMT impact), the project applicant shall: 1) identify and implement other GHG reduction measures, with a priority on on-site measures; and/or 2) purchase and retire carbon offsets from a qualified registry that are real, permanent, quantifiable, verifiable, enforceable, and additional. The emission reductions and/or offsets must be equivalent 5 EMC Planning Group
Guadalupe General Plan Errata November 22, 2022
to reductions that would otherwise be realized from the best management practice(s) that cannot be implemented.

18. Section 6, Economic Development, make text changes suggested by Garret Matsuura, President, Guadalupe Business Association. These suggested changes are attached to this errata, incorporated herein by reference, and are highlighted in the text of section 6. There are also two other minor changes marked in the text by hand.

19. Section 7, Figure 7-1 (Page 7-2), clean up labels an add road identifications,

20. Section 8, Air Quality and Safety (Page 8-12), delete the page and section 8.8 as duplicative text and renumber sub-sections and pages from this point. Also remove duplicative text on page 8-19 - “Currently, there… Fire Engine”

21. Section 8, Air Quality and Safety (Page 8-25), modify policy S-1.2, as directed by the environmental review document prepared for the Guadalupe General Plan, to read: The City will review all non-residential development projects for impact on air quality and will require the implementation of the Santa Barbara County Air Pollution Control District dust control measures during construction, implement exhaust control measures during construction activities, and require all development projects to pave roads and parking lots. Also modify policy numbers 8-27 and 8-28 as there are duplicate numbers.

22. Section 9 (Page 9-6 and Page 9-8) correct population numbers to match on page 1-1 of 8,346 existing residents (DOF, January 2021) and projected residents at 3,425 (to match Table 2-2, equaling a potential buildout of 11,771 residents).

23. Section 9, Table 9-2 (Page 9-10), change title to “Solid Waste Landfill Capacity (2010 through 2019) and modify text on previous page (Page 9-9) to reflect that change.

24. Section 10, Noise, modify this section of the 2042 General Plan to incorporate the Technical Noise Study-Guadalupe General Plan and its recommendations. Change Figure 10-1 to Table 10-1, and delete the current Table 10-1 (Page 10-10).

Guadalupe General Plan Errata

ATTACHMENT A

TABLE OF CONTENTS

6.0 ECONOMIC DEVELOPMENT...................................................................... 6-1

6.1 Introduction ................................................................................................ 6-1

6.2 Issues and Opportunities .......................................................................... 6-1

6.3 Economic Development Strategy ............................................................ 6-4

6.4 Guadalupe Business Association ............................................................ 6-7

6.5 Goals, Policies, and Programs .................................................................. 6-8 Appendices (None)
Figures
Figure 6-1 Set of the Ten Commandments (circa 1956) ....................................... 6-3 Tables
Table 6-1 Resident Employment by Industry (Age 16+) .................................... 6-2 EMC Planning Group Inc. 6-1

6.0 Economic Development

6.1 INTRODUCTION
The Economic Development Element is an optional element of the general plan. It addresses the key factors that drive a city's economy, identifies a city's ability to attract quality employment for residents, and revenue for city programs. A majority of workers in the city travel from outside the city limits, and the majority of residents in the city work in neighboring job centers. The residents of Guadalupe have lower median incomes as compared to the County and the State. They also have long commute times, and travel far to find employment. Therefore, it is a priority for the city to identify ways to create better paying jobs for its residents.

The conversion of commercial land to mixed use can generate new job growth at the same time that it creates much needed housing for the city. Such development has the added benefit of decreasing commute times for residents that live and work in the area. The intensification of Downtown Guadalupe can also increase its attractiveness as a tourist destination and provide additional retail jobs and opportunities.

6.2 ISSUES AND OPPORTUNITIES
Guadalupe is surrounded by beautiful and productive agricultural lands, and agriculture is the city’s main economic sector and one with the most potential for growth. Infrastructure is in place and systems are developed for the transportation of people and goods to and from the surrounding farmlands. Apio/Curation, one of the nation’s largest vegetable packaging and distribution companies, has a large processing facility in Guadalupe. This is one of several packing/shipping facilities within the city. The City’s location on the California coast and its mild Mediterranean climate is ideal for agriculture and provides opportunity for future agricultural operations. Table 6-1, Resident Employment by Industry, shows resident employment1 by industry in Guadalupe, and agriculture leads the list. 1 Resident employment means the number of an area's residents that are employed, as compared to at-place employment which refers to the number of persons employed in an area whether or not they reside in the area.

Economic 6 Development
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6.0 Economic Development
Table 6-1 Resident Employment by Industry (Age 16+)
Industry
Guadalupe SB County
Employed
Population
Percent
of Total
Employed
Population
Percent
of Total
Agriculture, forestry, fishing and hunting, and mining
Agriculture, forestry, fishing and hunting 973 29% 18,748 9% Mining, quarrying, and oil and gas extraction 23 1% 687 0% Construction 163 5% 12,302 6%
Manufacturing 200 6% 14,552 7%
Wholesale trade 207 6% 3,889 2%
Retail trade 327 10% 20,456 10%
Transportation and warehousing, and utilities
Transportation and warehousing 35 1% 5,610 3%
Utilities 0 0% 874 0%
Information 56 2% 3,942 2%
Finance and insurance, and real estate and rental and
leasing
Finance and insurance 111 3% 5,378 3%
Real estate and rental and leasing 35 1% 4,533 2%
Professional, scientific, and management, and
administrative and waste management services
Professional, scientific, and technical services 0 0% 16,031 8% Management of companies and enterprises 0 0% 151 0%
Administrative and support and waste management
services 205 6% 9,667 5%
Educational services, and health care and social assistance Educational services 171 5% 24,305 11%
Health care and social assistance 405 12% 25,157 12%
Arts, entertainment, and recreation, and accommodation
and food services
Arts, entertainment, and recreation 61 2% 6,056 3%
Accommodation and food services 73 2% 20,535 10%
Other services, except public administration 161 5% 11,823 6% Public administration 107 3% 8,742 4%
TOTAL 3,313 100% 213,438 100%
SOURCE: U.S. Census Bureau, 2015-2019 American Community Survey 5-Year Estimates EMC Planning Group Inc. 6-3
City of Guadalupe General Plan Update
Tourism is another sector that provides opportunity for economic revenue. Guadalupe’s location along one of the major touristic routes in the world, Highway 1, gives the City great potential to capture tourist interest. The adjacent and noteworthy Guadalupe-Nipomo Dunes is the second largest remaining dune system in California. The City’s Dune Center is an asset to the tourism industry, and the remains of the original Ten Commandments movie set add further attraction to the area. Figure 6-1, Set of the Ten Commandments, shows the set from Cecil B. DeMille’s movie the Ten Commandments.

Figure 6-1 Set of the Ten Commandments (circa 1956)
Source: Dunes Center website:
http://dunescenter.org/visit-the-dunes/dunes-center/exhibits-and-activities-research/the-lost-city-of-demille/ Annually, tens of thousands of tourists come from all over the world to travel Highway 1 from the Pacific Northwest to the Mexico border by bicycle, private automobile, tour busses, and recreation vehicles.

The City currently has no tourism infrastructure in place, which could include campgrounds, hostels, or hotels. Few other amenities exist, such as restaurants, lounges, rest stops, or coffee shops, which could potentially serve the annual procession of tourists through the area.

Tourists often bypass Guadalupe as they travel between the San Luis Obispo area and Santa Barbara. By utilizing U.S. 101, bicycle tourists are an especially noteworthy sector, as the nearest facilities are located as far away as Pismo Beach to the north and Buellton and Solvang to the south. The City and stakeholders have identified bicycle tourism as a market that should be captured.

Currently, Guadalupe lacks consistent and ubiquitous high-speed broadband services.

While some vendors do provide high speed Internet service in parts of the City, most importantly, high speed Internet service is lacking in the downtown corridor. This lack of Internet connection can be off-putting to potential businesses and makes it more difficult to attract 21st century industries to establish themselves within the City. As an underserved community, Guadalupe is in a somewhat unique position to leverage State and Federal 6-4 EMC Planning Group Inc.

6.0 Economic Development
funding to improve connectivity to its citizenship at both the local and regional level as tricounty plans for broadband infrastructure improvement include the development of a Northern Santa Barbara County fiber ring extending from Ventura County in the south, up to the Five Cities area to the north in San Luis Obispo County and east to Cuyama.

Guadalupe’s location along Highway 1, combined with the railroad tracks through the center of town make it an integral geographic piece for the development of regional broadband infrastructure.

The high percentage of vacant commercial buildings presents an additional opportunity.

There is considerable space for new businesses to move in, and significant demand for business enterprises downtown, which would bolster local tax revenue. An artificial negative constraint on uses that are allowed in commercial, commercial-industrial, and industrial zones unjustifiably discourages new business growth. Expanding the direct retail, food and drink service of products manufactured in the commercial-industrial and industrial zones, and expanding housing opportunities in commercial zones will enhance opportunities for new business growth and retention of existing businesses. This would serve the City twofold: by conveniently serving residents with local shopping options and by generating City revenue. Coupled with the addition of the aforementioned high-speed Internet availability, new, technology-based businesses could find the town as an attractive base of operations without the need for major cosmetic modifications that would change the character of the downtown corridor. Guadalupe’s distinct character, a mixture of Spanish and agricultural heritage, is a tremendous source of local pride.

6.3 ECONOMIC DEVELOPMENT STRATEGY
In the prior Guadalupe 2002 General Plan, Guadalupe’s economic development strategy focused on growth of the community’s economic base. Growth in basic industry (e.g., production of goods for export) would support well-paying jobs, which would then spin off service-related jobs through an economic multiplier effect. This is sound economic theory that has underpinned economic development efforts across the nation.

Nonetheless, successful implementation of this
approach has proven difficult for many
communities. Base industry tends to be location
specific—Silicon Valley attracts high tech
companies; Los Angeles attracts entertainment
dollars—and identifying a community’s
economic development niche is a difficult task
that has over the years preoccupied many an
economic expert.

EMC Planning Group Inc. 6-5
City of Guadalupe General Plan Update
The history of economic development is littered with efforts by cities to offer all sorts of incentives—from tax breaks to free land—to attract new base industry. The market is fickle, however, and the private business decision on where to locate a new business—say, an agricultural processing facility, for example—depends on more than just lower taxes. It also involves entrepreneurial spirit, history, family, climate, transportation, and a good degree of luck.

In other words, economic development sometimes requires early work that has less to do with attracting industries directly and more to do with attracting a class of young, ambitious people who are interested in making a life for themselves over the longer haul. While Guadalupe may not be today’s choice for the next Del Monte Foods—good for them if it is— it may be in a position to retain more young people who grew up in Guadalupe and perhaps even attract more young ambitious people from outside the community, neither of whom can afford housing prices in the region’s more affluent communities.

Guadalupe’s economic development strategy builds on four key assets enjoyed by Guadalupe: 1) AMTRAK and other commuter rail services, 2) affordable housing and real estate, and 3) industrial manufacturing, remanufacturing and processing cannabis processing. Each of these is discussed in more detail below.

The first is Guadalupe’s AMTRAK rail service—
the Pacific Surfliner. Transportation has
historically played a key role in economic
development across the globe, and this
AMTRAK route should rightfully be front and
center in Guadalupe’s economic development
strategy. The second key asset enjoyed by
Guadalupe is its underdeveloped Downtown
and overall low real estate prices (e.g.,
Guadalupe enjoys the lowest median-priced
housing in Santa Barbara County). The Santa Maria Railroad is working with State and local government to institute a doubling of commuter rail service from Guadalupe to Paso Robles.

The combination of commuter AMTRAK rail service and low real estate prices creates the potential for a robust urban housing market that can attract young urban professionals and perhaps retain younger Guadalupe residents who do not yet have the income to purchase a single-family home in one of the more traditional residential neighborhoods of Guadalupe.

With planning support from the City of Guadalupe, this urban housing market could attract the investment dollars and talented urban designers/developers needed to make such a plan a reality.
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6.0 Economic Development
It’s worth noting that the pursuit of urban housing, which is by design more affordable and more amenable to placemaking than subdivisions of single-family housing alone, aligns well with state priorities. This strategy builds on the momentum created by California’s housing crisis, the solving of which will remain one of the
State’s top priorities for years to come. Therefore,
the strategy has the advantage of solving the
City’s housing element problems and positions
the community for state and federal grant dollars.

It essentially turns Sacramento’s “housing crisis”
into Guadalupe’s economic development
opportunity. Furthermore, the urban infill
strategy articulated in this Economic
Development Element (and reinforced by
changes in the Land Use Element) makes better use of Downtown real estate and tracks well with the overall trend of a diminishing need for brick-and-mortar storefronts as commerce increasingly goes online.

It also worth noting that the former Vandenberg Air Force Base has been reconstituted as the Vandenberg Space Force Base. The Vandenberg Space Force Base is located approximately 20 miles south of Guadalupe and is accessible by the same AMTRAK Pacific Surfliner service that Guadalupe enjoys. It is not unreasonable to expect in the coming decades that the Vandenberg Space Force Base will experience considerable growth, as the nation is only at the very beginning of a new era of space-based national security concerns. Guadalupe’s urban living strategy could be a natural fit for military families looking for affordable housing and urban life styles that are an easy train ride away.

A third key asset for Guadalupe’s economic development involves manufacturing, remanufacturing and processing cannabis. Guadalupe is host to a robust agricultural processing and packing industry, and the legalization of cannabis provides an opportunity for growth in this economic sector. In 2021, the Guadalupe City Council adopted regulations allowing for commercial cultivation, processing, manufacturing, testing, sale, delivery, and distribution of cannabis and cannabis products. Cannabis processing is a natural fit for Guadalupe and could provide substantial revenues in the future as the industry matures.

Guadalupe has a history, a labor force, and many structures suitable for heavy and light manufacturing and processing accessible by rail and truck shipping routes.

The addition of broadband services to the downtown corridor creates a fourth and final asset for economic development. The provisioning of 21st century Internet capabilities with room for growth can attract businesses that fit the model of the existing downtown corridor industries, but can also provide options and opportunities for new and exciting businesses.

It can also provide “non-conventional” job opportunities for those that work from home.

Having a functional middle mile network managed in-part by the City would also allow for an additional revenue stream if broadband access were sold as a 4th utility. Depending on EMC Planning Group Inc. 6-7
City of Guadalupe General Plan Update
how this could be funded and implemented, it could provide both near-immediate returns as well as providing new opportunities for economic growth and development for years to come.

The rehabilitation of the Royal Theater can provide both a direct and indirect boost to economic development. The establishment of the Guadalupe Center for the Visual and Performing Arts will provide local jobs and opportunities for contracted performers and special events to bring revenue to the City. Additionally, the re-establishment of a cultural and historic venue will indirectly help economic development by adding to the tourism appeal of the town. A local performing arts center with a vibrant schedule of local and national talent can bring in visitors from outside the City to stay in short-term rentals and to eat at local establishments. It also demonstrates the City’s commitment to the preservation of local history, which emphasizes the unique character of the downtown corridor as a tourist destination.

The endgame for Guadalupe’s economic development strategy remains the same as it was in 2002, when the City first adopted its Economic Development Element: attracting base industry, with its higher paying jobs and economic multiplier effect. The strategy outlined here builds on that original approach by focusing on its preconditions for success. Young, urban professionals create a job market that over time attract base industries looking for an educated and creative workforce.

In a nutshell, Guadalupe’s strategy is one of playing the long game. Real, sustainable economic development does not occur overnight, but with sustained effort to build on its community’s strengths, the City of Guadalupe can create a vision of dynamic vitality that has the potential to succeed in the long term.

6.4 GUADALUPE BUSINESS ASSOCIATION
The Guadalupe Business Association is dedicated to the promotion, expansion and development of its members by providing services that directly aid, support and promote their business and by expressing and supporting common goals for the protection, identity and growth of Guadalupe businesses and the community. The association’s Board of Directors is currently made up of a president, secretary, and treasurer.

As a private organization dedicated to economic development, the Guadalupe Business Association is a key partner for the City of Guadalupe as it works to create a vibrant downtown and attract higher paying jobs to the community. 6-8 EMC Planning Group Inc.

6.0 Economic Development

6.5 GOALS, POLICIES, AND PROGRAMS
Goals
Goal ED-1 To create a vibrant downtown as a precondition to attracting base industry and higher paying jobs.

Goal ED-2 To promote Guadalupe for the attraction of additional base industrial jobs and tourism.

Goal ED-3 To establish a cooperative and enthusiastic relationship with the private sector to foster the development of the City.

Goal ED-4 To continue to grow the agricultural sector of the economy and develop relationships in this sector to mitigate residents’ concerns over agricultural/urban land use conflicts.

Goal ED-5 To develop a sustainable broadband middle mile infrastructure model with the community to support resilience, emergency services, homeland security, economic growth, and business development.

Goal ED-6 Expand allowed residential uses in Commercial Zones to provide business owners and employees housing close to
work, reduce impacts of commuting, and enhance security of commercial establishments with residents available to see and report crime, vandalism, fire and flood.

Goal ED-7 Expand allowed retail, food and drink sales in CommercialIndustrial and Industrial Zones to attract more restaurants, wineries, breweries, distilleries, and specialty manufacturers to do business in Guadalupe.

Policies
Policy ED-1.1 The City’s primary economic development strategy is to create a vibrant, mixed-use downtown and promote a young,
educated workforce to live in Downtown Guadalupe as a
precondition to attracting additional base industry.

EMC Planning Group Inc. 6-9
City of Guadalupe General Plan Update
Policy ED-1.2 The City will use its land use and zoning regulations to help protect the economic position of viable commercial areas and promote mixed-use development in Downtown Guadalupe.

Policy ED-1.3 The City may expect local merchants and property owners to maintain their buildings to the highest possible level within their available financial means, and the City will assist with property rehabilitation and maintenance, thereby improving the visual image of the City. It will also encourage the renovation of older and historic buildings and the rehabilitation of
Guadalupe’s commercial districts in general through lowinterest loans and other state and federal programs.

Policy ED-1.4 The City will work to revitalize the Central Business District by promoting mixed-use development, providing additional
parking, upgrading properties, requiring architectural
compatibility, and improving circulation with improved
pedestrian and bicycle facilities. It will also support the creation of incentives and waivers of regulations to encourage revitalization and promote sustainable broadband
infrastructure throughout the city.

Policy ED-1.5 The City will encourage new types of commercial and industrial uses in order to diversify the City’s economic base.

Policy ED-1.6 The City will work to grow the agricultural sector of the economy, while addressing community issues created by
agricultural operations.

Programs
Program ED-1.1.1 Within one year of adoption of the Guadalupe 2021 General Plan, the Building and Planning Department will undertake a
process with the City Council to revise the City’s zoning ordinance to allow a fuller mix of commercial and urban residential uses in Downtown Guadalupe and expand retail, food and drink sales in Commercial-Industrial and Industrial Zones that is consistent with the new mixed-use designation created in the Land Use Element. See also LU-1.1.3.

Program ED-1.1.2 Within two years of adoption of the Guadalupe 2021 General Plan, the Building and Code Enforcement Unit will work with the City Council to establish a program to assist property 6-10 EMC Planning Group Inc.

6.0 Economic Development
owners in the demolition of dilapidated structures, to clean up vacant lots, and to rehabilitate and reconstruct substandard commercial and residential structures.

Program ED-1.1.3 On an ongoing basis, the City Administrator will work to promote economic vitality in Guadalupe by maintaining and expanding partnerships with the Guadalupe Business
Association, the Economic Alliance, the Santa Maria Valley Chamber of Commerce, and the Santa Maria Economic
Development Commission.

Program ED-1.1.4 In conjunction with the Guadalupe Broadband Task Force, Broadband Consortium of the Pacific Coast, SBCAG, and other regional stakeholder groups, the City will work towards a goal of providing a middle mile broadband infrastructure to
provide broadband access to all within the City.

Program ED-1.1.5 As funding becomes available, the Public Works Department will work with the City Council to implement ideas that grow out of the Guadalupe to Beach Multi-Use Trail Feasibility Study to construct a regional bicycle/pedestrian facility that is routed through Downtown Guadalupe. See also CIR-1.1.10.

RESOLUTION NO. 2022-103

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

THE FINDINGS OF FACT REQUIRED BY THE CALIFORNIAL ENVORONMENTAL QUALITY ACT (CEQA) AND THE FINAL INITIAL STUDY-MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM (MMRP) FOR THE GUADALUPE 2042

GENERAL PLAN
WHEREAS, the Guadalupe City Council has directed staff to prepare an update to the 2002 General Plan covering the entire land area of the city, along with preparation of an appropriate CEQA environmental document; and
WHEREAS, the City Council contracted with EMC Planning Group, Inc. to prepare an Initial Study and environmental document. Upon completion of the Initial Study, a recommendation to prepare a Mitigated Negative Declaration (MND) was accepted by the City’s Planning Director; and
WHEREAS, the City’s Planning Director determined that the General Plan update would not result in significant impacts on the environment after the implementation of mitigation measures, and therefore authorized preparation of an Initial Study-Mitigated Negative Declaration pursuant to the California Environmental Quality Act (CEQA) and related Guidelines (Public Resources Code 21000 et seq.); and
WHEREAS, the Draft Initial Study-MND circulated for a public review period of 30 days (August 13, 2021 through September 13, 2022) with a second 30-day review period for the State Clearinghouse (August 25, 2022 through September 25, 2022); and WHEREAS, all mitigation measures identified in the Final Initial Study-Mitigated Negative Declaration have been incorporated as Policies in the appropriate elements of the 2042 General Plan; and
WHEREAS, all mitigation measures imposed on the project will be monitored through the Mitigation Monitoring and Reporting Program (MMRP) attached to these findings, and attached to the Final Initial Study-Mitigated Negative Declaration; and WHEREAS, there is no substantial evidence in the whole record before the City Council supporting a fair argument that the project as described in the Final Initial Study-Mitigated Negative Declaration will have a significant effect on the environment; and WHEREAS, the Final Initial Study-Mitigated Negative Declaration reflects the City Council’s independent judgment; and
WHEREAS, on November 13, 2022, the City mailed notice of the City Council’s hearing on the Final Study-Mitigated Negative Declaration for the 2042 General Plan to all persons and ATTACHMENT 2
organizations requesting such notice, local agencies providing essential facilities or public services, as well as published in a 1/8th page legal advertisement, pursuant to Government Code § 65353(c) and § 65091(a)(4), in the Santa Maria Times, a newspaper of local circulation on November 12, 2022 and posted the public hearing notice in three public places in the City of Guadalupe on November 9, 2022; and
WHEREAS, the notice of the City Council’s hearing on the Final Study-Mitigated Negative Declaration 2042 General Plan was posted to the City’s website on November 9, 2022; and WHEREAS, notice of the City Council’s hearing on the Final Study-Mitigated Negative Declaration 2042 General Plan was posted at least 72-hours prior to the Council hearing as part of the City Council’s meeting agenda as required by the Brown Act.

NOW THEREFORE, the City Council of the City of Guadalupe does hereby resolve as follows:

SECTION 1. Recitals. The City Council hereby finds and determines the foregoing recitals, which are incorporated herein by reference, are true and correct.

SECTION 2. Findings. There are no significant effects of the project on the environment based upon the analysis contained in the Final Initial Study-Mitigated Negative Declaration and MMRP, which properly assessed the environmental impacts of the project, in accordance with CEQA, and the CEQA Guidelines. This resolution incorporates by reference the environmental findings and analysis set forth in the Final IS-MND.

SECTION 3. The City Council hereby adopts the Final Initial Study-Mitigated Negative Declaration and the MMRP attached hereto as Exhibits 1 and 2, respectively.

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

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

PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Guadalupe held this 22nd 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. 2022-103, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held November 22, 2022, and that same was approved and adopted.

FINAL INITIAL STUDY-MITIGATED NEGATIVE DECLARATION
2042 General Plan Update MMRP 1
City of Guadalupe 2042 General Plan Update
Mitigation Monitoring and Reporting Program

INTRODUCTION
CEQA Guidelines section 15097 requires public agencies to adopt reporting or monitoring programs when they approve projects subject to an environmental impact report or a negative declaration that includes mitigation measures to avoid significant adverse environmental effects. The reporting or monitoring program is to be designed to ensure compliance with conditions of project approval during project implementation in order to avoid significant adverse environmental effects.

The law was passed in response to historic non-implementation of mitigation measures presented in environmental documents and subsequently adopted as conditions of project approval. In addition, monitoring ensures that mitigation measures are implemented and thereby provides a mechanism to evaluate the effectiveness of the mitigation measures.

A definitive set of project conditions would include enough detailed information and enforcement procedures to ensure the measure's compliance. This monitoring program is designed to provide a mechanism to ensure that mitigation measures and subsequent conditions of project approval are implemented.

MONITORING PROGRAM
This monitoring program is applicable to the Guadalupe 2042 General Plan Update based on the mitigation measures included in the approved Mitigated Negative Declaration. These mitigation measures are designed to eliminate or reduce significant adverse environmental effects to less-than-significant levels. These mitigation measures become conditions of project approval for any subsequent development projects. The attached checklist is intended for monitoring the implementation of the adopted mitigation measures.

EXHIBIT 2
2042 General Plan Update MMRP 2

MONITORING PROGRAM PROCEDURES
The City of Guadalupe shall use the attached monitoring checklist for the proposed project.

The monitoring program should be implemented as follows:

1. The Guadalupe Planning Department should be responsible for coordination of the monitoring program, including the monitoring checklist. The Planning Department should be responsible for completing the monitoring checklist and distributing the checklist to the responsible individuals or agencies for their use in monitoring the mitigation measures.

2. Each responsible individual or agency will then be responsible for determining whether the mitigation measures contained in the monitoring checklist have been complied with. Once all mitigation measures have been complied with, the responsible individual or agency should submit a copy of the monitoring checklist to the Planning Department to be placed in the project file. If the mitigation measure has not been complied with, the monitoring checklist should not be returned to the Planning Department.

3. The Guadalupe Planning Department will review the checklist to ensure that appropriate mitigation measures and additional conditions of project approval included in the monitoring checklist have been complied with at the appropriate time, e.g., prior to issuance of a use permit, etc. Compliance with mitigation measures is required for project approvals.

4. If a responsible individual or agency determines that a non-compliance has occurred, a written notice should be delivered by certified mail to the project proponent within 10 days, with a copy to the Planning Department, describing the non-compliance and requiring compliance within a specified period of time. If non-compliance still exists at the expiration of the specified period of time, construction may be halted and fines may be imposed at the discretion of the City of Guadalupe. 2042 General Plan Update MMRP 3

MITIGATION MONITORING CHECKLIST
Step 1 Prior to Issuance of Grading Permits or Start of Construction Activities Mitigation Measure
AQ-1 Dust-Control Measures. Require the implementation of the Santa Barbara County Air Pollution Control District dust control measures during construction of new development projects.

Party Responsible for Implementation: Project Applicant Party Responsible for Monitoring: Guadalupe Planning Department Monitoring Notes:

Mitigation Measure
AQ-2 Construction Exhaust. Implement Santa Barbara County Air Pollution Control District construction exhaust control measures during construction activities.

Party Responsible for Implementation: Project Applicant Party Responsible for Monitoring: Guadalupe Planning Department Monitoring Notes:
2042 General Plan Update MMRP 4
Mitigation Measure
BIO-1 Habitat for special-status species. Add the following new policy to the Conservation and Open Space Element of the proposed general plan:

Where development could occur in areas with potential habitat for specialstatus species occurs, such as within the riparian or disturbed grassland areas shown on Figure 7 (Final MND), Habitat Map, or in other locations where such habitat may be present as may be identified by the Planning Director, an assessment of potential impacts to biological resources shall be conducted by a qualified biologist. If determined necessary by a qualified biologist, focused surveys per applicable regulatory agency protocols shall be conducted to determine if such species could occur.

Impacts to special-statusspecies shall be avoided or minimized to the extent possible. If impacts cannot be avoided, measures to mitigate for the loss of individuals and/or habitat shall be implemented.

Party Responsible for Implementation: Project Developer Party Responsible for Monitoring: Guadalupe Planning Department Monitoring Notes:

Mitigation Measure
Add the following new policy to the Conservation and Open Space Element of the proposed general plan:

Bio-2 Nesting bird habitat. Where development could occur in areas with potential nesting bird habitat, such as within the riparian or disturbed grassland areas shown on Figure 7, Habitat Map, or in other locations where such habitat may be present as may be identified by the Planning Director, native nesting birds protected by the Federal Migratory Bird Treaty Act and the California Fish and Game Code shall be surveyed for and protected, if found. Disturbance activities shall not occur during the nesting season (generally considered February 1 – August 31) until nesting bird surveys have been conducted and no nesting activity is occurring on or adjacent to a project site. If nesting activity is observed, a 2042 General Plan Update MMRP 5
qualified biologist may recommend an exclusion area be maintained until birds have fledged.

Party Responsible for Implementation: Project Developer Party Responsible for Monitoring: Guadalupe Planning Department Monitoring Notes:

Mitigation Measure
BIO-3 Replace Policy COS-1.5 of the proposed general plan with the following policy:

Wetland and riparian habitats. The City shall protect the ecological, aesthetic, and recreational value of sensitive wetland and riparian habitats associated with aquatic features within and directly adjacent to the city limits. Where development could occur in or within 50 feet of the edge of riparian vegetation or 50 feet from the top of bank of wetland habitats shown on Figure 7 (Final MND), Habitat Map, or in other locations where such features may be present as may be identified by the Planning Director, a qualified biologist or restoration ecologist shall be retained to determine the appropriate development setbacks and other protective measures needed to ensure the long-term protection and enhancement of the sensitive community.

Party Responsible for Implementation: Project Developer Party Responsible for Monitoring: Guadalupe Planning Department Monitoring Notes:
2042 General Plan Update MMRP 6
Mitigation Measure
BIO-4 Add the following new policy to the Conservation and Open Space Element of the proposed general plan:

Jurisdictional wetlands setback. Applicants for projects on sites within 50 feet from the top of bank of potential jurisdictional wetlands or waterways as shown on Figure 7 (Final MND), Habitat Map, or in other locations where such features may be present as may be identified by the Planning Director, shall retain a qualified biologist/wetland regulatory specialist to conduct a site investigation and assess whether the wetland or waterway features are jurisdictional, assess potential impacts, and determine whether stream buffers/riparian setbacks are required. If a feature is found to be jurisdictional or potentially jurisdictional, the applicant shall comply with the appropriate permitting processes.

Party Responsible for Implementation: Project Developer Party Responsible for Monitoring: Guadalupe Planning Department Monitoring Notes:

Mitigation Measure
CUL-1 Add the following new policy to the Community Design and Historic Preservation Element of the proposed general plan:

Tribal cultural resources. If unknown subsurface historical resources, including potential tribal cultural resources, are discovered during grading, excavation, trenching or other disturbance of the existing ground surface of a project site, all work shall be halted within at least 50 meters (165 feet) of the find and the area shall be staked off immediately. The City shall be notified immediately and a qualified professional archaeologist shall be retained to evaluate the find and report to the City. If the find is determined to be significant, recommendations provided by the archaeologist to mitigate potential impacts on archaeological resources and tribal cultural resources shall be required as conditions of 2042 General Plan Update MMRP 7
project approval. Individual projects shall follow CEQA and other applicable State laws for mitigating impacts on cultural and tribal cultural resources.

Party Responsible for Implementation: Project Developer Party Responsible for Monitoring: Guadalupe Planning Department Monitoring Notes:
2042 General Plan Update MMRP 8
Step 2 Prior to Issuance of Building Permits
Mitigation Measure
CUL-2 Return artifacts. All archaeological resources and cultural resources of Native American origin, and all tribal cultural resources uncovered and recovered during the development of vacant or underutilized land shall be returned to local Native American tribes after the resources have been examined by a qualified archaeologist.

Party Responsible for Implementation: Project Applicant Party Responsible for Monitoring: Guadalupe Planning Department Monitoring Notes:

Mitigation Measure
CUL-3 Add the following new policy to the Conservation and Open Space Element of the proposed general plan:

Human Remains. If human remains are found during earth-moving, grading, or construction activities, pursuant to Section 7050.5 of the California Health and Safety Code, all construction and excavation activity shall cease. If the remains are of Native American descent, actions must be taken to identify and appropriately treat the remains, including the coroner notifying the Native American Heritage Commission within 24 hours, and notifying a most likely descendent pursuant to Section 5097.98 of the California Public Resources Code.

Party Responsible for Implementation: Project Applicant Party Responsible for Monitoring: Guadalupe Planning Department Monitoring Notes:
2042 General Plan Update MMRP 9
Mitigation Measure
GEO-1 Add the following new policy to the Conservation and Open Space Element of the proposed general plan:

Paleontological resources. In the event that evidence of paleontological resources is uncovered during ground disturbing activities, all work shall stop in the immediate area and the Planning Director shall be notified. A qualified paleontologist shall be retained to assess the scientific significance of the paleontological resources. If found to be significant, an appropriate data recovery program shall be developed and implemented by the paleontologist.

Party Responsible for Implementation: Project Applicant Party Responsible for Monitoring: Guadalupe Planning Department Monitoring Notes:

Mitigation Measure
GHG-1 GHG reduction plan. If the City of Guadalupe has adopted a qualified GHG reduction strategy prior to the time building permits are issued for the project, the applicant shall have the option to incorporate applicable GHG reduction measures identified in the GHG reduction strategy into the proposed project. Applicable measures from the reduction strategy shall be confirmed by the City of Guadalupe.

If the Planning Department finds that the project is consistent with the GHG reduction strategy, the significant project GHG impact would be reduced to less than significant and no further mitigation would be required.

2042 General Plan Update MMRP 10
If City has not adopted a qualified GHG reduction strategy prior to the time building permits are issued for the project, the applicant shall implement mitigation measure GHG-2.

Party Responsible for Implementation: Project Applicant Party Responsible for Monitoring: Guadalupe Planning Department Monitoring Notes:

GHG-1 Modify proposed general plan policy EJ-1.1 as follows:

Climate Action Plan. The City will prepare a climate action plan to identify ways to reduce citywide greenhouse gas emissions and minimize the impacts of climate change on Guadalupe residents. The climate action plan will incorporate the goals of reducing emissions within the city to 40 percent below 1990 levels by 2030 and achieving carbon neutrality by 2045. If City has not adopted a qualified GHG reduction strategy prior to the time building permits are issued for the project, the applicant shall implement mitigation measure GHG-2.

Party Responsible for Implementation: Project Applicant Party Responsible for Monitoring: Guadalupe Planning Department Monitoring Notes:

Mitigation Measure
GHG-2 Add the following new policy to the Conservation and Open Space Element of the proposed general plan:
2042 General Plan Update MMRP 11
Natural Gas Prohibition. Until such time as the City adopts a qualified action plan consistent with mitigation measure GHG-1, individual development projects shall be constructed to use no natural gas and to meet California Green Building Standards Code Tier 2 requirements for electric vehicle charging infrastructure. Where such projects also generate less than 110 vehicle trips per day or produce less than 1,100 metric tons per year of carbon dioxide equivalent, no further action is required.

Where such projects do not meet either the daily trip volume or mass emissions criteria, a VMT analysis must be conducted. If the VMT impact is less than significant, no further action is required. If the proposed project cannot meet one or more of the three required best management practices (no natural gas, electric vehicle support infrastructure, and lessthan-significant VMT impact), the project applicant shall:
1) identify and implement other GHG reduction measures, with a priority on onsite measures; and/or 2) purchase and retire carbon offsets from a qualified registry that are real, permanent, quantifiable, verifiable, enforceable, and additional. The emission reductions and/or offsets must be equivalent to reductions that would otherwise be realized from the best management practice(s) that cannot be implemented.

Party Responsible for Implementation: Project Applicant Party Responsible for Monitoring: Guadalupe Planning Department Monitoring Notes:

Mitigation Measure
N-1 Construction Noise Reduction. Construction activities at new development sites shall be managed to reduce noise generation.

Construction contractors will implement the following construction noise reduction measures, or equivalent measures that achieve the same noise reduction:
2042 General Plan Update MMRP 12
 Restrict noise-generating activities at construction sites or in areas adjacent to construction sites to the hours between 7:00 a.m. and 6:00 p.m., Monday through Saturday. Construction shall be prohibited on Sundays and Federal holidays unless prior written approval is granted by the building official.
 Where feasible, construct temporary noise barriers between the noise source and receiver, where feasible.
 Equip all internal combustion engine-driven equipment with intake and exhaust mufflers.
 Prohibit unnecessary engine idling.
 Locate stationary noise-generating equipment, such as air compressors or portable power generators, as far as possible from receivers as possible. Adequate muffling (with enclosures where feasible and appropriate) shall be used to reduce noise levels.  Utilize "quiet" air compressors and other stationary noise sources where technology exists.
 Route all construction traffic via designated truck routes where possible. Prohibit construction related heavy truck traffic in residential areas where feasible.
 Signs shall be posted at the construction site and near adjacent sensitive receptors displaying hours of construction activities and providing the contact phone number of a designated noise disturbance coordinator to whom complaints can be directed and issues resolved.

Party Responsible for Implementation: Project Applicant Party Responsible for Monitoring: Guadalupe Planning Department and Public Works Department
Monitoring Notes:
2042 General Plan Update MMRP 13
Mitigation Measure
N-1 Construction vibration. The City will review new public and private development proposals to determine whether their construction has potential to cause vibration at levels that could cause strongly perceptible annoyance to nearby sensitive receptors and existing structures or could result in structure damage to adjacent buildings or infrastructure. Where this potential exists, the City will require a vibration analysis to determine whether such impacts may occur and if so, identify mitigation measures that shall be implemented during the construction process to reduce vibration annoyance and damage potential to acceptable levels.

Monitoring Notes:

RESOLUTION NO. 2022-104

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA, ADOPTING THE 2042 GENERAL PLAN AND LAND USE DESIGNATION MAP, REPLACING THE 2002 GENERAL PLAN
WHEREAS, pursuant to California Government Code Section 65300, each city and county in California must adopt a comprehensive, long-term general plan addressing the physical development of the county or city, and any land outside its boundaries which in the agency’s judgment bears relation to its planning; and
WHEREAS, pursuant to California Government code Section 65302 a general plan shall consist of statements and diagrams addressing communitywide development goals and/or objectives and policies and programs to achieve those goals and/or objectives relating to seven mandatory elements: land use, circulation, housing, conservation, open space, noise, safety; and WHEREAS, the City of Guadalupe has prepared its 2042 General Plan with the following additional non-mandatory elements: environmental justice, air quality, economic development, community design/historic preservation, and public facilities; and WHEREAS, on January 26, 1987, the Guadalupe City Council adopted the 1987 General Plan by Resolution No. 87-784, and subsequently in 2002, it adopted its most recent update; and WHEREAS, it is necessary, timely, and desirable to comprehensively update the 1987 General Plan; and
WHEREAS, through an extensive and lengthy public process, including workshops and hearings before the City Council, the City of Guadalupe has prepared a comprehensive update to the 2002 General Plan entitled City of Guadalupe 2042 General Plan; and WHEREAS, the 2042 General Plan updates the 2002 General Plan, including providing updated Goals, Policies, and Programs reflecting the community’s vision of Guadalupe through 2042; and WHEREAS, the 2042 General Plan includes an amended land use map applying land use designations to all parcels subject to the Plan and it will supersede the text and maps of the 2002 General plan; and
WHEREAS, the Guadalupe City Council adopted the 2019-2027 Guadalupe Housing Element of the General Plan on February 5, 2019, which shall remain in effect until a 6th Cycle Housing Element is prepared and adopted in 2023; and
WHEREAS, the City, acting as lead agency, prepared a Final Mitigated Negative Declaration (MND) consisting of a Draft MND and response to comments, which are the subject of a separate resolution (Resolution No. 2022-103); and
WHEREAS, on November 13, 2022, the City mailed notice of the City Council’s hearing on the 2042 General Plan to all persons and organizations requesting such notice, local agencies
ATTACHMENT 3
providing essential facilities or public services, as well as published in a 1/8th page legal advertisement, pursuant to Government Code § 65353(c) and § 65091(a)(4), in the Santa Maria Times, a newspaper of local circulation on November 12, 2022 and posted the public hearing notice in three public places in the City of Guadalupe on November 9, 2022; and WHEREAS, the notice of the City Council’s hearing on the 2042 General Plan was posted to the City’s website on November 9, 2022; and
WHEREAS, notice of the City Council’s hearing on the 2042 General Plan was posted at least 72- hours prior to the Council hearing as part of the City Council’s meeting agenda as required by the Brown Act.

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

SECTION 1. The Findings set forth in Exhibit 1 to this Resolution are true and correct and reflects the independent judgement of the City Council, which are hereby adopted and incorporated herein by this reference.

SECTION 2. The City Clerk shall certify as to the adoption of this Resolution.

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

PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Guadalupe held this 22nd 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. 2022-104, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held November 22, 2022, and that same was approved and adopted.
______________________________ ____________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
______________________________
Philip F. Sinco, City Attorney
Exhibit 1

FINDINGS FOR APPROVAL
GUADALUPE 2042 GENERAL PLAN

1. The City Council hereby finds that the above recitals (Resolution No. 2022- 104) are true and correct and incorporated herein by reference as if set forth in full.

2. The City Council hereby finds that the 2042 General Plan update adopted in Resolution No. 2022-104 is essential for the preservation of public health, safety, and general welfare and is in compliance with all applicable procedures required by state law and the City of Guadalupe.

3. The prior 2002 General Plan and land use designation map are deleted in whole with adoption of this new 2042 General Plan and new land use designation map.

4. The 2042 General Plan comprises an integrated, internally consistent and compatible statement of policies in compliance with Government Code § 65300.5. 2042 General Plan Update MMRP 1
City of Guadalupe 2042 General Plan Update
Mitigation Monitoring and Reporting Program

ATTACHMENT 4
2042 General Plan Update MMRP 2

MONITORING PROGRAM PROCEDURES
The City of Guadalupe shall use the attached monitoring checklist for the proposed project.

The monitoring program should be implemented as follows:

2042 General Plan Update MMRP 3

Party Responsible for Implementation: Project Applicant Party Responsible for Monitoring: Guadalupe Planning Department Monitoring Notes:

Mitigation Measure
AQ-2 Construction Exhaust. Implement Santa Barbara County Air Pollution Control District construction exhaust control measures during construction activities.

Party Responsible for Implementation: Project Applicant Party Responsible for Monitoring: Guadalupe Planning Department Monitoring Notes:

2042 General Plan Update MMRP 4
Mitigation Measure
BIO-1 Habitat for special-status species. Add the following new policy to the Conservation and Open Space Element of the proposed general plan:

Party Responsible for Implementation: Project Developer Party Responsible for Monitoring: Guadalupe Planning Department Monitoring Notes:

Mitigation Measure
Add the following new policy to the Conservation and Open Space Element of the proposed general plan:

2042 General Plan Update MMRP 5
qualified biologist may recommend an exclusion area be maintained until birds have fledged.

Party Responsible for Implementation: Project Developer Party Responsible for Monitoring: Guadalupe Planning Department Monitoring Notes:

Mitigation Measure
BIO-3 Replace Policy COS-1.5 of the proposed general plan with the following policy:

Party Responsible for Implementation: Project Developer Party Responsible for Monitoring: Guadalupe Planning Department Monitoring Notes:

2042 General Plan Update MMRP 6
Mitigation Measure
BIO-4 Add the following new policy to the Conservation and Open Space Element of the proposed general plan:

Party Responsible for Implementation: Project Developer Party Responsible for Monitoring: Guadalupe Planning Department Monitoring Notes:

Mitigation Measure
CUL-1 Add the following new policy to the Community Design and Historic Preservation Element of the proposed general plan:

2042 General Plan Update MMRP 7
project approval. Individual projects shall follow CEQA and other applicable State laws for mitigating impacts on cultural and tribal cultural resources.

Party Responsible for Implementation: Project Developer Party Responsible for Monitoring: Guadalupe Planning Department Monitoring Notes:

2042 General Plan Update MMRP 8
Step 2 Prior to Issuance of Building Permits
Mitigation Measure
CUL-2 Return artifacts. All archaeological resources and cultural resources of Native American origin, and all tribal cultural resources uncovered and recovered during the development of vacant or underutilized land shall be returned to local Native American tribes after the resources have been examined by a qualified archaeologist.

Party Responsible for Implementation: Project Applicant Party Responsible for Monitoring: Guadalupe Planning Department Monitoring Notes:

Mitigation Measure
CUL-3 Add the following new policy to the Conservation and Open Space Element of the proposed general plan:

Party Responsible for Implementation: Project Applicant Party Responsible for Monitoring: Guadalupe Planning Department Monitoring Notes:

2042 General Plan Update MMRP 9
Mitigation Measure
GEO-1 Add the following new policy to the Conservation and Open Space Element of the proposed general plan:

Party Responsible for Implementation: Project Applicant Party Responsible for Monitoring: Guadalupe Planning Department Monitoring Notes:

GHG-1 Modify proposed general plan policy EJ-1.1 as follows:

Party Responsible for Implementation: Project Applicant Party Responsible for Monitoring: Guadalupe Planning Department Monitoring Notes:

Mitigation Measure
GHG-2 Add the following new policy to the Conservation and Open Space Element of the proposed general plan:

2042 General Plan Update MMRP 11
Natural Gas Prohibition. Until such time as the City adopts a qualified action plan consistent with mitigation measure GHG-1, individual development projects shall be constructed to use no natural gas and to meet California Green Building Standards Code Tier 2 requirements for electric vehicle charging infrastructure. Where such projects also generate less than 110 vehicle trips per day or produce less than 1,100 metric tons per year of carbon dioxide equivalent, no further action is required.

Party Responsible for Implementation: Project Applicant Party Responsible for Monitoring: Guadalupe Planning Department Monitoring Notes:

Mitigation Measure
N-1 Construction Noise Reduction. Construction activities at new development sites shall be managed to reduce noise generation.

Construction contractors will implement the following construction noise reduction measures, or equivalent measures that achieve the same noise reduction:

2042 General Plan Update MMRP 12
 Restrict noise-generating activities at construction sites or in areas adjacent to construction sites to the hours between 7:00 a.m. and 6:00 p.m., Monday through Saturday. Construction shall be prohibited on Sundays and Federal holidays unless prior written approval is granted by the building official.
 Where feasible, construct temporary noise barriers between the noise source and receiver, where feasible.
 Equip all internal combustion engine-driven equipment with intake and exhaust mufflers.
 Prohibit unnecessary engine idling.
 Locate stationary noise-generating equipment, such as air compressors or portable power generators, as far as possible from receivers as possible. Adequate muffling (with enclosures where feasible and appropriate) shall be used to reduce noise levels.  Utilize "quiet" air compressors and other stationary noise sources where technology exists.
 Route all construction traffic via designated truck routes where possible. Prohibit construction related heavy truck traffic in residential areas where feasible.
 Signs shall be posted at the construction site and near adjacent sensitive receptors displaying hours of construction activities and providing the contact phone number of a designated noise disturbance coordinator to whom complaints can be directed and issues resolved.

Party Responsible for Implementation: Project Applicant Party Responsible for Monitoring: Guadalupe Planning Department and Public Works Department
Monitoring Notes:

2042 General Plan Update MMRP 13
Mitigation Measure
N-1 Construction vibration. The City will review new public and private development proposals to determine whether their construction has potential to cause vibration at levels that could cause strongly perceptible annoyance to nearby sensitive receptors and existing structures or could result in structure damage to adjacent buildings or infrastructure. Where this potential exists, the City will require a vibration analysis to determine whether such impacts may occur and if so, identify mitigation measures that shall be implemented during the construction process to reduce vibration annoyance and damage potential to acceptable levels.

Monitoring Notes:

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Guadalupe City CouncilNovember 22, 2022

Guadalupe City Council
November 22, 2022