Guadalupe City Council
December 13, 2022

December 13, 2022 City of Guadalupe Council Meeting Agenda Page 1 of 6 City of Guadalupe

AMENDED AGENDA
Regular Meeting of the Guadalupe City Council
Tuesday, December 13, 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, December 13, 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 (Vacant)
Mayor Ariston Julian
December 13, 2022 City of Guadalupe Council Meeting Agenda Page 2 of 6

2. PLEDGE OF ALLEGIANCE

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

4. CERTIFICATION OF NOVEMBER 8, 2022, GENERAL MUNICIPAL ELECTION Written report: Todd Bodem, City Administrator
Recommendation: That the City Council adopt Resolution No. 2022-106 accepting the Certification of the 2022 General Election by the County Clerk-Recorder, declare the results, and follow standard procedures to reorganize the City Council.

5. PRESENT PROCLAMATION TO LILIANA CARDENAS

6. COUNCIL MEMBER LILIANA CARDENAS WILL BE GIVEN THE OPPORTUNITY TO SPEAK

7. SWEARING IN OF NEWLY ELECTED OFFICIALS
• City Clerk will administer the oath of office to:

Re-Elected Mayor Ariston Julian
Re-Elected Council Member Eugene Costa Jr.

Re-Elected City Treasurer Anna Marie Santillan Michaud
Elected Council Member Christina Hernandez

8. ELECTED OFFICERS TO BE SEATED AND GIVEN THE OPPORTUNITY TO SPEAK

9. APPOINTMENT OF MAYOR PRO TEM

10. CEREMONIAL CALENDAR
a. Proclamation – Lorena Zarate, Finance Director
b. Proclamation – Guadalupe Bulldogs and Bulldogs Cheer Team

11. 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.

December 13, 2022 City of Guadalupe Council Meeting Agenda Page 3 of 6

12. 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 December 5, 2022 and ratify payment of warrants for the period ending November 14, 2022.

C. Approve the Minutes of the City Council regular meeting of November 22, 2022.

D. Accept the Cancellation of the December 27, 2022, City Council regular meeting.

E. Receive the October 2022 Financial Report.

F. Adopt Resolution No. 2022-107 approving a contract with Michael K. Nunley and Associates (MKN) in the amount of $107,023.00 for preparation of wastewater documents, including a Wastewater Master Plan, Engineering Report, Title 22 Engineering Report, and various technical memorandums regarding wastewater treatment.

G. MONTHLY REPORTS FROM DEPARTMENT HEADS

1. Planning Department report for November 2022

2. Building Department report for November 2022

3. Public Works/Engineering report for November 2022

13. CITY ADMINISTRATOR REPORT: (Information Only)

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

PUBLIC HEARING

15. Public Hearing to consider amendments to the Accessory Dwelling Unit (ADU) Ordinance (Chapter

18.53) and approve a Notice of Exemption under CEQA.

Written report: Larry Appel, Contract Planning Director Recommendation: That the City Council:
a. Receive a presentation from staff; and
b. Conduct a public hearing, and 1) approve a Notice of Exemption from CEQA for Ordinance No. 2022-506; and 2) introduce by title only and waive the first reading of Ordinance No. 2022-506 amending Chapter 18.53 of the Municipal Code; and
c. Continue Ordinance No. 2022-506 to January 10, 2023, for second reading and adoption.

December 13, 2022 City of Guadalupe Council Meeting Agenda Page 4 of 6

16. Public Hearing to consider a Notice of Exemption under CEQA, Design Review (2022-056-DR), and Conditional Use Permit (2022-66 CUP) to allow the 849 Pioneer Street Apartments, an eight-unit apartment project on a 0.28-acre property in the G-C (General Commercial) zoning district at 849 Pioneer Street (APN 115-091-008).

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. 2022-108 approving Design Review 2022-056-DR, Conditional Use Permit 2022-066-CUP and a CEQA Notice of Exemption for the 849 Pioneer Street Apartment project.

REGULAR BUSINESS

17. Appointment of two vacant seats for a four-year term to the Recreation and Parks Commission.

Written report: Hannah Sanchez, Recreation Services Manager Recommendation: That the City Council appoint the two interested individuals for a four-year term to the Recreation and Parks Commission to fill the vacant seats.

18. City Council vacancy.

Written report: Todd Bodem, City Administrator
Recommendation: That the City Council:
a. Consider the selection of some, or all, interested city residents to interview in open session at the January 10, 2023, City Council meeting (where the Council will select one of these persons to fill the remainder of former Councilmember Ramirez’ term); or, b. Continue its deliberations/selection to the next meeting on January 10, 2023, and make the selection at the January 24, 2023, meeting; or,
c. Reject all the applicants and call for a special election to fill the vacancy.

19. Establishment of eligibility list for commercial cannabis business permit applicants.

Written report: Todd Bodem, City Administrator
Recommendation: That the City Council, by motion, approve the proposed Eligibility List Policy and Procedures document, and the placing of the three commercial cannabis business permit applicants not selected as prevailing candidates on an eligibility list.

December 13, 2022 City of Guadalupe Council Meeting Agenda Page 5 of 6

20. 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.

21. FUTURE AGENDA ITEMS

22. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS

23. ADJOURNMENT TO CLOSED SESSION MEETING

CLOSED SESSION

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

Title: Director of Public Safety

25. Conference with Legal Counsel – Existing Litigation Subdivision (d) (1) of Government Code Section 54956.9
Name of case: City of Guadalupe v. Guadalupe Post #371 of the American Legion, Santa Barbara Superior Court Case No. 22CV042488

26. ADJOURNMENT TO OPEN SESSION MEETING

27. CLOSED SESSION ANNOUNCEMENTS

28. 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 9th day of December 2022.
______________________________
Todd Bodem, City Administrator
Todd Bodem
December 13, 2022 City of Guadalupe Council Meeting Agenda Page 6 of 6

PROPOSED FUTURE CITY COUNCIL AGENDA ITEMS
Council Meeting: Date and Subject Department Agenda Category Tuesday, January 10, 2022, at 6:00 pm / Regular Meeting Royal Theater – California Arts Council (CAC) Grant Los Amigos de Guadalupe Consent Calendar Clean California Grant Update Public Works Dept. Consent Calendar 2nd reading of Ordinance No. 2022-506 ADU Planning Department Consent Calendar November 2022 Financial Report Finance Department Consent Calendar Central Park Conceptual Design Selection Public Works Dept. Public Hearing Special Housing Element Project Planning Department Forum / Workshop13 Appointment to various boards and committees Admin Department Regular Business Council Vacancy Appointment Admin Department Regular Business ROPS – Successor Agency Finance Department Successor AgencyRegular Business Tuesday, January 24, 2023, at 6:00 pm / Regular Meeting Tuesday, February 14, 2023, 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

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of December 13, 2022
_______________________________
Prepared by:

Todd Bodem, City Administrator
SUBJECT: Certification of November 8, 2022 General Municipal Election RECOMMENDATION:

That the City Council adopt Resolution No. 2022-106 accepting the Certification of the 2022 General Municipal Election by the County Clerk-Recorder, declare the results, and follow standard procedures to reorganize the City Council.

BACKGROUND:

In order to reduce costs and ensure increased voter turnout, the City of Guadalupe consolidates its General Municipal Elections with the Statewide General Election conducted by the County of Santa Barbara. A Consolidated General Municipal Election was held on November 8, 2022, in accordance with State law to elect two Members of the City Council for the full term of four years, one Mayor of the City Council for the full term of two years, one City Treasurer for the full term of four years, and Measure Z 2022 (regarding Transient Occupancy Tax which was placed on the ballot by the City Council).

The County Clerk-Recorder has 30 days following the election to complete the ballot count and certify the election results. The City Council must then accept the County Clerk-Recorder’s certification of the election.

DISCUSSION:

The County Clerk-Recorder certified the results of the November 8, 2022, election on December 7, 2022.

The Certified Election Results confirm that for Mayor, Ariston Julian received 1,025 votes; for City Council, Christina Hernandez received 893 votes, Eugene Costa Jr. received 580 votes, and Anna Marie Santillan Michaud for City Treasurer received 995 votes.

Measure Z202, Transient Occupancy Tax measure received a total of 1,229 votes cast, which includes 646 No votes; and 583 Yes votes. The majority of the voters voting on Measure Z2022 relating to the Increase of Transient Occupancy Tax in the City of Guadalupe voted against the Measure, causing no change in the percentage increase of the existing 6 percent Transient Occupancy Tax.

ATTACHMENTS:

1. Resolution No. 2022-106

2. Certificate and the Certified Results Summary (Exhibit A) to Resolution.

RESOLUTION NO. 2022-106

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE CALIFORNIA, RECITING THE FACT OF THE CONSOLIDATED GENERAL ELECTION HELD ON NOVEMBER 8, 2022, DECLARING THE RESULTS, AND SUCH OTHER MATTERS AS PROVIDED BY LAW.

WHEREAS, a Consolidated General Election was held and conducted in the City of Guadalupe, California, on Tuesday, November 8, 2022, as required by law; and
WHEREAS, notice of the election was given in the time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed, and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Election Code of the State of California for the holding of election in general law cities; and WHEREAS, pursuant to Resolution No. 2022-48 adopted June 14, 2022, the County Elections Department canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as Exhibit “A”

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF GAUDALUPE, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

1. The whole number of ballots cast for Mayor in the City was 1085.

The whole number of ballots cast for City Council in the City was 1,515 The whole number of ballots cast for City Treasurer in the City was 1043.

The whole number of ballots cast for Measure Z 2020 was 1229.

2. The names of persons voted for at the election for Mayor are as follows:

Ariston Julian

3. The names of persons voted for at the election for City Council are as follows:

Christina Hernandez
Eugene Costa Jr.

4. The names of persons voted for at the election for City Treasurer are as follows:

Anna Marie Santillan Michaud

5. The Measure voted upon at the election was as follows:

ATTACHMENT 1

CITY OF GUADALUPE
MEASURE Z2022
Shall the measure be adopted to increase the City of Guadalupe's Transient Occupancy Tax from 6% to 10% until repealed by city voters, and to add short-term rentals of any type, RV Parks, and campgrounds as lodgings subject to the tax, which is anticipated to raise $20,000 annually, and more if additional lodging facilities commence operations in the City?
YES
583
NO
646

6. The number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates are as listed in Exhibit “A” attached.

7. The City Council does declare and determine that Ariston Julian was elected as Mayor of the City Council for the full term of two years; Christina Hernandez was elected as a member of the City Council for the full term of four years; Eugene Costa Jr. was elected as a member of the City Council for the full term of four years; and Anna Marie Santillan Michaud was elected as the City Treasurer for the full term of four years.

As a result of the election, a majority of the voters did not approve the increase of the Transient Occupancy Tax from 6% to 10% and other changes in Measure Z2022.

8. The City Clerk shall enter on the records of the City Council of the City, a statement of the results of the election, stating: 1). The whole number of ballots cast in the City; 2). The names of the persons voted for; 3). For what office each person was voted for; 4). The measure to be voted on; 5) The number of votes given at each precinct to each person and for and against each measure; and 6) The total number of votes given to each person and for and against the measure (Exhibit A).

9. The City Clerk shall immediately make and deliver to each of the persons elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall administer to each person elected the Oath of Office prescribed to it and file it in the office of the City Clerk.

Each and all of the persons so elected shall be inducted into the respective office to which they have been elected.

10. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Guadalupe this 13th day of December 2022, by the following vote, to wit:

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. 2022-106, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held December 13, 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

CERTIFICATION OF

COUNTY CLERK/REGISTRAR OF VOTERS OF THE

RESULTS OF THE CANVASS
OF THE NOVEMBERS,2022, GENERAL ELECTION

STATE OF CALIFORNIA
COUNTY OF Santa Barbara } ss.

I
,
Joseph E. Holland
, County Clerk/Registrar of Voters of County
of Santa Barbara
, do hereby certify that, in pursuance of the provisions of Elections Code section 15300, et seq., I did canvass the results of the votes cast in the General Election held in said County on November 8, 2022, for measures and contests that were submitted to the vote of the voters, and that the Statement of Votes Cast, to which this certificate is attached is full, true, and correct.

I hereby set my hand and official seal this 7th day of Dec , 2022, at the .

County of Santa Barbara
Canvass Certification of Elections Official
(11/2022)
ATTACHMENT 2

EXHIBIT A

Page: 1 of 29
Statement of Votes Cast Election Summary Report
Santa Barbara County Elections
November 8, 2022, General Election
Certified Results
Elector Group
Total
Counting Group
Poll
Mail
Total
Precincts Reported: 297 of 297 (100.00%)
Voters Cast: 137,044 of 237,759 (57.64%)
Cards Cast: 137,044
Governor (Vote for 1)
Precincts Reported: 297 of 297 (100.00%)
Times Cast
Candidate

GAVIN NEWSOM

BRIAN DAHLE
Unresolved Write-In
Cards Cast Voters Cast
12,572
124,472
137,044
Poll
12,572
Poll
5,668
6,765
Poll
0 12,572
124,472
137,044
Mail
124,472
Mail
74,980
47,961
Mail
0 Lieutenant Governor (Vote for 1)
Precincts Reported: 297 of 297 (100.00%)
Poll Mail
Times Cast 12,572 124,472
Candidate Poll Mail
ELENI KOUNALAKIS 5,646 75,052
ANGELA E. UNDERWOOD 6,578 46,098 JACOBS
Poll Mail
Unresolved Write-In 0 0
Secretary of State (Vote for 1)
Precincts Reported: 297 of 297 (100.00%)
Poll Mail
Times Cast 12,572 124,472
Candidate Poll Mail
SHIRLEY N. WEBER 5,679 74,782
ROB BERNOSKY 6,588 45,902
Poll Mail
Unresolved Write-In 0 0
Registered Voters Turnout

5.29%

52.35%
237,759 57.64%
Total
137,044 / 237,759 57.64%
Total
80,648 59.57%
54,726 40.43%
Total
0 Total
137,044 / 237,759 57.64%
Total
80,698 60.51%
52,676 39.49%
Total
0 Total
137,044 / 237,759 57.64%
Total
80,461 60.52%
52,490 39.48%
Total
0 Agenda Item No. 5
Agenda Item No. 10a.

Agenda Item No. 10b.
/S/
Agenda Item No. 12B

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of December 13, 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 Ratified 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 ratified 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.

AP SPECIAL RUN
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 Agenda Item No. 12B

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of December 13, 2022
Reviewed by: Approved by:

Todd Bodem
City Administrator
SUBJECT:

RECOMMENDATION:

Payment of warrants for the period ending December 5, 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 approved the listing of hand checks and warrants to be paid on December 14, 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 "Ratify11 on the warrant listing.
36 Lorena Zarate
Finance Director
Prepared�
Veronica Fabian
Finance Account Clerk
37 38
39 40
41 42
43 44
45 46
47 48
49 50
51 52
53 54
55 56
57 58
59 60
61 62
63 64
65 66
67 68
69 70
71 72
73 74
75 76
77 78
79 80
81 82
83 84
85 86
87 88
89 90
91 92
93 94
95 96
97 98
99 100
101
102
103

SPECIAL RUN
104
105
106
107
108
109
110
111
November 22, 2022 City of Guadalupe Council Meeting Minutes Page 1 of 17

MINUTES
City of Guadalupe
Regular Meeting of the Guadalupe City Council
Tuesday, November 22, 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” 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
• Proclamation – Antonio “Tony” Ramirez, Council Member Mayor Julian read the proclamation which stated that CM Ramirez was first elected in November 2016 and re-elected in November 2020 for a second 4-year term. The City of Guadalupe has benefitted from CM Ramirez’s commitment of time, energy, knowledge and strength in many matters. His commitment to difficult decisions were in the City’s best interest. The City of Guadalupe recognized and expressed deep appreciation, gratitude, and respect for CM Ramirez’s humor, dedicated leadership, and service to the people of Guadalupe.

CM Ramirez commented, “This is very surreal. Six years ago, I didn’t know I’d be in this position with this platform. I was 28 when I started. I’ve been able to help with my own growth, but I hope the City’s, as well. This is the next step…was super difficult to make. I’m excited to see where Guadalupe is going. I know it will go very far. I still own a home here, so I’m very well invested in this community. My family’s from here…I’m from here. So, this is just a ‘see you later but I’ll be back’ kind of moment. So, don’t get too comfortable…” Mayor Julian added, “Two Agenda Item No. 12C
November 22, 2022 City of Guadalupe Council Meeting Minutes Page 2 of 17 times a month, for six years. The City Council appreciates your service. We have a lot of big topics to discuss and one of them is the General Plan. In 2040, maybe you’ll be back here, in this seat or another seat…so, we appreciate your service.” CM Ramirez’s last comment was, “I was trying to avoid looking like the mayor with gray hair!” • Microenterprise Recipient Recognition
In addition to herself, CM Cardenas acknowledged the other members of the Microenterprise Advisory Council, Lorena Zarate and Sam Durate, who oversaw CDBG funds to assist economic development. Brief background: the recipients have been attending meetings with an economic advisor earlier this year. They met one-on-one to discuss their businesses. Some were able to get small grants, then financial assistance. The financial components involved preparing a business plan, obtain technical assistance, then financial assistance. CM Cardenas also acknowledged the assistance of Los Amigos de Guadalupe, Stephanie Krouse, Tiffany Gonzales, Alejandra Mahoney and Nicole Segovia.

CM Cardenas then announced those recipients: Marcia Pili, Gilbert Robles, Mireyra & Carlos Guerrero and Christine Rice. Those present were given the opportunity to speak to let the City Council know a bit about each of their businesses. (Ms. Rice was not present at the meeting.) Marcia Pili said that she has a print shop business. Laser printing able to print on a variety of items. In the future, Ms. Pili said that she wants a website to help the community.

Gilbert Robles said, “I appreciate the opportunity. I wish fellow recipients the best. In December 1998, I started my barber shop business. Coming through Covid…some businesses got hit hard.

Keep on turning that wheel.”
Mireyra Guerrero said, “My business is Guadalupe Fitness. We’re opening a gym here in town.

CM Cardenas then added, “Thank you to all who participated in this program.”

5. COMMUNITY PARTICIPATION FORUM
Superintendent Emilo Handall first congratulated Mayor Julian, CM Costa, Jr. and Christina Hernandez for winning their offices in the election. He then thanked CM Ramirez for his service saying it is greatly appreciated. He thanked the City for approving the two bond measures, V and W which will allow the district to build a new gym and a junior high school. The district received a $7.6M grant to build an early learning center which should be completed before the new junior high school.

Superintendent Handall then said, “The primary reason I’m here tonight is to ask for help for him to work with Chief Cash. There is a dangerous issue involving drop-offs and pick-ups at Mary Buren School. It’s pretty dangerous and will take both the City and the district to keep things safe. The City November 22, 2022 City of Guadalupe Council Meeting Minutes Page 3 of 17 needs to give the district authority to close down the street and bring staff in trained on traffic control. The district can bring financial assistance. I ask the City to expedite changes.”

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.

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
November 22, 2022 City of Guadalupe Council Meeting Minutes Page 4 of 17

2. Human Resources report for October 2022

3. City Treasurer’s report for October 2022

4. Recreation and Parks report for October 2022
CM Cardenas pulled Item #6.J.4. - Recreation and Parks Report for October 2022. Mayor Julian pulled Item #6.H. - Los Amigos de Guadalupe. Motion was made by Council Member Cardenas and seconded by Council Member Robles to approve the balance of the Consent Calendar. 5-0 Motion passed.

Item #6.H. – Mayor Julian questioned the breakdown that was shown on Exhibit B – Cost Proposal/Budget. He said, “The Royal Theatre has a $300,000 commitment by LADG. Further on in that Exhibit B, it shows Project Manager, 3 years @ $52,000 per year; Grant Manager, 4 years $120,000 and other costs, 4 years $28,000. That would total $748,000, not $300,000.” City Attorney Sinco said, “Actually, the math comes to about $304,000.” Mr. Bodem added, “It’s $28,000 for 4 years.” The mayor added, “We couldn’t do this without LADG. Very technical to do for $304,000 for all items.” Mr. Bodem also added that the costs are covered by a grant.

Item #6.J.4. – CM Cardenas asked Ms. Hannah Sanchez to share all the activities planned for December:
• 12/3 – Part 2 of the Color Fusion 5K; deadline to signup is Thursday, 12/1 • 12/5 – deadline to submit house for “City Christmas Light Contest” • 12/9 – Family Night: Movie, “Polar Express” will be shown with free chocolate, popcorn with gingerbread cookies to be decorated
• 12/10 – Kiwanis Christmas Parade
Mayor Julian asked about the status of the two (2) vacancies on the Recreation & Parks Commission.

Ms. Sanchez said that there were two (2) letters of interest that came in. A staff report will go on the December 13th agenda.

The mayor also commented on having attended a quinceañera the prior weekend here at City Hall.

He said, “It was pretty cool…no alcohol. Was nice to see locals having an event without alcohol.” Motion was made by Council Member Cardenas and seconded by Council Member Ramirez to approve Item #6.H. and Item #6.J.4. of the Consent Calendar. 5-0 Motion passed.

7. CITY ADMINISTRATOR REPORT: (Information Only)
Amelia Villegas, who has been acting as Interim Human Resources Manager for the past six (6) months, will end that assignment, effective 11/30/2022. She will be missed.

Mayor Julian asked about Item #5. - Cannabis Cost Recovery on page 2. He said, “I don’t see much movement on that. We need to have a certain amount of time to get going…need a deadline. There November 22, 2022 City of Guadalupe Council Meeting Minutes Page 5 of 17 are other people who want to be involved. So, we need to have a deadline that says ‘if you don’t have things done by this date, there are others who have an interest, etc.’” Mr. Bodem said that he and City Attorney Sinco are working on this issue.

The mayor then commented on Item #8. – HWY 1/166 Project Coordination Status on page 3.

Caltrans District 5….a gentleman from Guadalupe complained about Obispo Street and Hwy 166 and what Caltrans is doing. In SBCAG, here are millions and millions of dollars being spent on Hwy 1 and 101 and South County. But very little activity other than a new bridge coming in three or four years and some work along Hwy 1. We need to let people know in our community that we’re hindered by Caltrans by their lack of ability to develop plans. We need an update from SBCAG and Caltrans because we’re being blamed for not doing anything. It’s not the City’s responsibility but we need to address the issue and push those who need to be pushed.

Royal Theatre Update:

EDA Status - Working on clearing the Environmental questions regarding State Historic Preservation Officer (SHPO) and getting SHPO approval of the renovation plans. The application to EDA is being revised to make it a one-phase project. All of this should be completed before the new year.

California Arts Council (CAC): Waiting on a contract; according to the AC timeline, an executed contract isn’t expected until mid-January.

Historic Tax Credits: Tax consultant has been hired. Federal Tax Credit applications (3) require a Historic Architect to compete the applications. A Historic Architect has been identified, and the contracting process is starting.

New Market Tax Credits: Staff are exploring this as additional option. The “new” components of this project are eligible for these credits.

Escalante Meadows Update
Project was closed on November 22nd. Santa Barbara Housing Authority Executive Director, Bob Havlicek, said a Notice to Proceed is being issued to the contractor, Ashwood Construction. They will start mobilizing on Monday after the Thanksgiving holiday. Construction will take 20 months with a groundbreaking ceremony likely in January.

City Council Appointment Update
A lot of calls and inquiries have been received. There are at least six (6) interested in submitting a letter of interest to be appointed to fill out the term of Antonio Ramirez. To date, only one (1) letter November 22, 2022 City of Guadalupe Council Meeting Minutes Page 6 of 17 has been received. The deadline to submit a letter of interest to the City Administrator is Tuesday, December 6th, by 4:00 p.m.

Ms. Shannon Sweeney gave a brief update on street projects. On Pioneer & Mahoney Streets, there is a pavement rehabilitation job (concrete) which will begin on Dec. 5th. Pavement will be in January 2023. Also, Frontier is working on an infrastructure for high-speed interest, fibre optics, which provides competition for Spectrum. Started infrastructure project before January pavement project.

8. DIRECTOR OF PUBLIC SAFETY REPORT: (Information Only) Building a DUI enforcement detail for Thanksgiving and Christmas holidays for Hwy 1 and Hwy 166…operating now.
12/10: Christmas parade will be coming back…first since Covid. 12/17: Recreation & Parks and Veterans will host an armed forces gathering. Spoke with Vandenberg Base commander regarding the military who are away from their homes. There will be a dinner at the Veterans Hall where the Fire Department, Recreation & Parks Department and veterans will host between 20-30 military personnel. We hope to have the military people be able to visit the Historical Museum and Dunes Center that same day. We want to show Guadalupe’s hospitality to our military neighbors. It’s actually a mutual thing because if we ever have an evacuation, they have plenty of space to help us in time of need. The second meeting on this event is next Tuesday, 11/29. We’re really excited to be able to make this happen. We invite the City Council to show their appreciation to our veterans and active personnel.

Mayor Julian added, “You’ll see on the future agenda items. In Pasadera South, they’ve allowed the City to name 20 streets after veterans who were killed in action or are no longer living.

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 November 22, 2022 City of Guadalupe Council Meeting Minutes Page 7 of 17 c. Adopt Resolution No. 2022-92 approving 2022-037 CUP, including CUP Findings, CEQA Class 32 Exemption and Conditions of Approval.

This subject is a continuation from the October 25, 2022 public hearing to allow Public Safety Director Cash to review and evaluate the project site, specifically focusing on the fencing. The applicant cannot get a business license without a Conditional Use Permit. The Director of Public Safety concluded that the existing chain-link fence at the backside of 333/363 Guadalupe Street property is in overall good shape with some maintenance needed and that the current discretionary review for this conditional use permit would be the appropriate time to require any additional fence improvements. The coils of razor wire that were conditioned to be removed from the top of the fence (Condition #6) have been removed by the property owner. The Planning staff believes the visual appearance of the property is greatly improved, and with the exception of additional maintenance of existing fence, the primary focus of the conditional use permit should be returned to consideration of legalizing the unpermitted automotive repair business.

Public Hearing Opened @6:46 p.m.

Requests to Speak
Mr. Antonio Carrillo and his son, operators of the automotive repair business, and Stew Jenkins spoke. Mr. Carrillo’s son spoke for his father saying, “Thank you, everybody, for considering our business here in the town. Thank you for your consideration and we will add whatever the City requests.”
Mr. Jenkins said, “Mr. Carrillo has been working hard. He’s order slats which will be here in a few weeks. It will take a couple of months to get the fence up to speed. Park of the fence needs pole strengthening but that’s not part of the project tonight. Give us six (6) months to get everything in shape for part of the site that’s not part of this project.” Mr. Carrillo spoke in Spanish and CM Cardenas translated, “The whole intention is to bring business to Guadalupe and to keep the place clean. I don’t want the place to look like a junkyard. I’m purchasing slats and I will be installing them myself.” Mayor Julian commented on a crooked fence that didn’t look like it would take much to be straightened out. Mr. Jenkins said, “It takes time to do all that. Rent produced by Mr. Carrillo allows us to improve property. The priority is in front. The mayor said, “The fencing needs to be fixed on the property for the conditional use permit. What’s the timeline for that?” Mr. Jenkins responded, “For the whole fence to be fixed? Six (6) months. Mr. Scott added, “As an initial thought, the fencing is not a significant undertaking…three (3) months. In the Fence Code, it’s the landlord’s responsibility. The fence has to be maintained, conditional use permit or not.” Mr. Jenkins said, “The contractors we want to use are busy. We need six (6) months.” November 22, 2022 City of Guadalupe Council Meeting Minutes Page 8 of 17 Ms. Courtney Cazenove, who was in the audience, spoke, “It’s good that Mr. Carrillo is doing the repairs. The landlord has owned the property awhile. Why has the property, fence not been maintained? Sounds like the repairs could be done in less than six (6) months…not costly.” Ms.

Michaud added, “Six (6) months is sufficient. To find a contractor now is hard. Can’t get anybody if it has to be finished in less time.”
A woman from the audience spoke. She said, “I’m a happy customer of Mr. Carrillo. He does great work. He’s dependable and a great guy.”
Public Hearing Closed @ 7:02 p.m.

Discussion was brought back to the City Council for any further comments or discussion. CM Robles said, “Mr. Carrillo has a reputable business. It falls back on fixing the fence. It’s just been neglected over time. If the whole fence needs to be fixed, the landlord needs to fix it.” CM Costa, Jr. said, “I’d like to adopt the resolution. It shouldn’t be held up because of the landlord needing to fix the fence. City Council shouldn’t penalize the business. The tenant shouldn’t have to be concerned about the site’s upkeep.” Mayor Julian cited a section regarding fence and wall maintenance enforcement and said, “We don’t want to penalize the business. 90 days is ample time to put slats in. People will be looking through there. Long-term and short-term…not defined.” Mr.

Scott added a comment about the code not drawing a line…not a clear definition between auto repair and auto salvage. Auto salvage has to be screened and auto repair can have storage. It’s not completely clear.” Mayor Julian then said, “90 days. Get the fence and slats installed.” CM Ramirez said, “There’s a principle here…I’m bothered that the tenant has to bear the burden of the work. Make sure that the tenant is not taken advantage of with all of this. Maybe this is part of the agreement, but if not, this shouldn’t happen. It doesn’t sit well with me.” (CM Cardenas translated CM Ramirez’s comments for Mr. Carrillo.)
Mayor Julian said, “Recommendation of the conditional use permit. 90 days and solid visual screening. Strike wording on solar project on Condition #11.” Motion was made by Council Member Ramirez and seconded by Council Member Costa, Jr. to adopt Resolution No. 2022-92 approving 2022-037-CUP with amended conditions noted. Roll Call:

Ayes: 5 Nos: 0 5-0 Motion passed.

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

Written report: Larry Appel, Contract Planning Director November 22, 2022 City of Guadalupe Council Meeting Minutes Page 9 of 17 Recommendation: That the City Council:
a. Receive a presentation from staff and EMC; and
b. Conduct a public hearing; and
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.

Contract Planning Director, Larry Appel, introduced Mr. Michael Groves, Senior Principal from EMC, and then gave a brief summary of the 2002 General Plan update. The General Plan is the primary tool for local governments that help guide future development. Cities are required 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 (8) mandatory elements and allows for a number of optional elements. The elements covered in this updated General Plan include the following: 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. 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.

Mr. Appel went through the elements and recommended changes to each. He said that all plans would be implemented within three (3) years except Conservation and Open Space. There are 42 programs to implement within this three-year period. Mr. Groves said, “Don’t be nervous about the three-year timeline. The three (3) years is a benchmark. Timelines can be extended if there’s no funding or staff capacity. If extension is needed, document request to extend will be made.” If adopted tonight, Mr. Appel said he would be back before the City Council in late January or early February for the General Plan follow up, the Consistency Rezone. A workshop will be needed in January to receive input from the public on what would go into the housing element.

Public Hearing Opened @ 7:51 p.m. Public Hearing Closed @ 7:52 p.m.

CM Ramirez had two (2) comments: 1) under Economic Development, there is a multi-use trail study. Can we weave the County into this? Santa Maria Levee Project. The City supports this.

Include in the document. Connect Santa Maria -> Guadalupe -> Beach; and 2) Public Facilities – funds separated in Facilities Master Plan…tie into Facilities Master Plan. Ms. Sweeney said that funding is for this year. RFP to go out in February/March to begin work, includes potable water.

November 22, 2022 City of Guadalupe Council Meeting Minutes Page 10 of 17 CM Ramirez asked, “Does this also include libraries?” Mr. Appel said it did not. CM Ramirez then asked, “Where can we include a library? Remember the meeting before with Cal Poly…public emphasized a library. We need to have a permanent home for a library.” Mr. Appel said, “Environmental Justice. Public spaces, fully fund a library.” CM Cardenas said, “In Economic Development, add ‘Microenterprise’…continue to help establish local business through CDBG funding.”
Motion was made by Council Member Ramirez and seconded by Council Member Cardenas to adopt Resolution No. 2022-103 approving the final Mitigated negative Declaration and Mitigation Monitoring and Reporting Program. Roll Call: Ayes: 5 Nos: 0 5-0 Motion passed.

Motion was made by Council Member Ramirez and seconded by Council Member Cardenas to adopt Resolution No. 2022-104 adopting the 2042 Guadalupe General Plan with input provided by the City Council tonight. Roll Call: Ayes: 5 Nos: 0 5-0 Motion passed.

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.

Ms. Sweeney explained that the City entered into an amended and restated franchise agreement with what is now Waste Management (WM) on March 8, 2016. This agreement terminates at the close of business on July 1, 2023. The City has the right to extend the term of this franchise agreement two additional periods of five years each. If not approved, the City needs to go out for a Request for Quote.

Ms. Liz Gomez from WM was present and said, “We’re coming to the end of the initial agreement.

The mandate for AB1826, commercial organics recycling and SB 1383, food waste recycling, began in 2019. AB1826 has been implemented. SB1383 includes residential customers. The City is close to 100% compliant with the laws. The reporting would be done by WM on behalf of the City.” Mayor Julian questioned how the public can give concerns and/or complaints. Ms. Sweeney said to call her. On January 26, 2023 at McKenzie Middle School, there will be a free drop-off for furniture, garage, etc. A common complaint heard by Ms. Sweeney is that the street sweeper goes too fast.

November 22, 2022 City of Guadalupe Council Meeting Minutes Page 11 of 17 Public Hearing Opened @8:10 p.m.

Ms. Cazenove asked, “Waste Management is awesome. With a five-year extension, what is the rate increase?” Ms. Gomez answered, “The yearly rate includes CPI, cost of doing business in the City.

We’ll let the City know ahead of time. Then present rates to the City. Don’t know how much…yearly increases.”
Ms. Sweeney said, “One other question: whether or not the services in the agreement are the services we want to continue. Will our rates result because of new laws, state regulations, such as WM reporting, etc.? As I recall from WM, not significantly. That’s because we can send our recycling, our organics, through a green waste stream that already exists. There are other cities that are experiencing increase in their rates because of the additional state regulations, but we’re not.” Mayor Julian then said, “Billing issue. I know there were customers who weren’t being bill and there were problems. Are we in line with the billing issue?” Ms. Gomez said, “WM is billing directly every two (2) months. The problems that existed previously have all been taken car of with our doing the billing.”
Public Hearing Closed @8:14 p.m.

Ms. Sweeney summarized saying, “There are two (2) options: 1) start negotiations with WM for five (5) years with recommendation to exercise the option that’s in the agreement now, or 2) start writing an RFQ for a new service.” Mayor Julian said there’s HSS in San Luis Obispo, MarBorg in Santa Barbara, some others.

CM Ramirez added, “I’ve had some concerns and have contacted Liz Gomez. Communicate with residents. Substantial changes. Liz, Shannon and I discussed improvements and franchises fees. It’s been an easy partnership.”
CM Cardenas asked if WM does electronic waste. Ms. Gomez said, “Yes, during community cleanups. Other than that, you can go to our Betteravia Road site.” It was also mentioned that disposal of mattresses would also be at the Betteravia Road site, if not done during the community cleanups.

Then there was discussion of food waste going to green waste with bins sitting for two (2) weeks…possibility of increased pests with rotting food…extra cart…extra pick-up…size of cans, frequency of pick-ups, etc. Ms. Gomez mentioned that the school district has a separate agreement from the City agreement.

November 22, 2022 City of Guadalupe Council Meeting Minutes Page 12 of 17 WM rolled out initial plan but will adjust as may be necessary. Ms. Sweeney said that she will look at list of commercial customers and see what size cans each has. Mayor Julian mentioned that when there was significant pruning at O’Connell Park, WM brought free materials out for cleanup.

The mayor then asked what the Council’s direction was. CM Ramirez said to go with the five-year agreement. Ms. Sweeney questioned, “With all the discussion today, I want to make sure that we want the same services that we have today with some consideration of a more frequent residential green waste? Was there anything else wanted?” Mayor Julian added, “Yes, that and the street sweeper.” Ms. Sweeney questioned the request for the street sweeper. The mayor said, “One of the issues is probably ours. There are a lot of cars parked on the streets and the street sweeper can’t clean…they have to go around the cars. The City and WM may need to work together to see how best to get the streets cleaned.” Ms. Sweeney said, “The street sweeper cleans once a month for residential and once a week for commercial.”
The Council’s direction was to go forward with five-year extension to be brought back to another meeting for Council’s review and approval.

At this point in the meeting, there as a break at 8:31 p.m. Meeting resumed at 8:40 p.m.

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.

Mr. Bodem mentioned that the order on the staff report was to be changed to have the City’s lead negotiator first, then IAFF, and then open the public hearing, etc. He gave a brief background stating that in May 2021, the City of Guadalupe and IAFF Local 4403, met and engaged in negotiations regarding a successor Memorandum of Understanding (MOU). The City and IAFF were unable to reach an agreement. The City submitted its last, best, and final offer to IAFF on or about May 10, 2022. In spite of sporadic communications and discussions since that time, the parties have arrived at an impasse, and the City team has completed all impasse procedures as required by applicable November 22, 2022 City of Guadalupe Council Meeting Minutes Page 13 of 17 statutes, rules, regulations, and agreements. Government Code section 3505.7 authorizes the City Council to implement the City’s last, best and final offer.

At this point, Mr. Che Johnson, the City’s lead negotiator, spoke saying, “This is the second time the City Council has considered an agreement with IAFF since the middle of 2021. It was about a year ago that I was before this council via zoom. We had a discussion that had reached a tentative agreement with IAFF, but it was the decision of the City Council that it needed to see more cost savings. Consistent with that direction, we went back to the table with IAFF, and we are here today with a new last, best, and final offer that achieves additional cost savings consistent with the City’s goals of maintaining and adequately staffing its Fire Department, but also having a fiscally sustainable and prudent spending recommendations on that department. Most notably this new agreement makes significant changes to specialty pays and overtime calculations and helps control those costs.

As the Council will probably recall, before we started these negotiations, the City was caught offguard with the amount of cost the overtime budget for the Fire Department had gone up, as a consequence of the previous agreement. This last, best, and final offer will put those costs under control and make it more sustainable and predictable moving forward for the City. It is only a resetting of the status quo. The parties, I would say may, but I can guarantee, will be back to the negotiations table in 2023 to talk about creating a new agreement. Although our last, best, and final offer to IAFF contemplated multiple years, in practice we can only implement the first year. We are obligated to restart the negotiations process with IAFF and the firefighters to try and reach another agreement. So, in practice, the year-two and year-three are probably going to be issues that are negotiated with IAFF anew and that will come back to the Council…hopefully, an agreement that meets the desires of IAFF but also meets the desires of the City for a fiscally sustainable agreement. At this time, I would recommend that we hand it over to representatives from IAFF to speak regarding the impasse if they so choose to.”
Mr. Ryan Mack spoke saying, “I want to address a couple things that I think need to be clarified. The Fire Department has specialty certifications where we can do things that other EMTs can’t do. EMTs can give oxygen and Narcan. We can give nitroglycerin, albuterol, breathing emergencies, cardiac emergencies, anaphylaxis emergencies…and we do that with extra training. Incentive pay makes that possible. That is a benefit that we provide that no other area does, other than Lompoc.

The other thing is about revenues and overtime. The overtime wasn’t generated by the new MOU.

The overtime was generated by strike teams. We’ve made $100,000 in extra revenue by strike teams. I don’t know why that’s debated as a fact, but it is. We offer a lot of opportunity to try to create revenue, and a lot of times our ideas are passed off. Impact fees have been overlooked for years and that’s a huge source of revenue for all fire departments. It’s in the works now but I don’t know if it’s just too little too late. But we’re trying…we’re trying to make the City better. I just wanted to address those things really quick. Thank you.

November 22, 2022 City of Guadalupe Council Meeting Minutes Page 14 of 17 Three (3) years ago, the City laid down a foundation for what would be historic for the Guadalupe Fire Department. Our first-ever agreed upon MOU which guaranteed workers’ rights, education incentives, and the first pay raise the department had seen in twenty years. It was stated at that time that we need to take care of our firefighters. And I quote that. When it came back time to renegotiate, it was a different story entirely. We were demanded to change our work schedule to skirt around paying any overtime. We were demanded pay cuts. And as far back as anyone can recall, the last, best, and final offer was issued for the first time that I’ve ever even heard of. The interesting thing, if you will recall, we did accept the last, best, and final offer and the City turned around and rejected its own offer. I’m not sure why that was but I thought that was pretty disappointing because I felt like we finally made progress.

The truth is the firefighters don’t need pay cuts. Inflation is taking care of that all on its own. We feel the pain at the grocery store, the gas pumps and housing is becoming unaffordable. My question is simple: Does the City Council think the Fire Department don’t deserve to be paid? Is it what the public would want? With Police commanding over 40% of the city budget, we only use 18%. Normal in other cities is 30%. Is that why we were refused a Fire Chief because we don’t deserve it? New positions are being created for the City. Pay raises are being given across-the-board. So, why is Fire expected to shoulder all these cuts?
The City’s own survey put public safety as its top priority. Declaring an impasse, I feel and, on behalf of my firefighters, would be detrimental to the Fire Department, the public health, voter confidence, and your employees. I implore you, on behalf of your loyal firefighters, to come back to the table and open dialogue. Thank you for your time.”
Public Hearing Opened @ 8:49 p.m.

Mr. Robert Doty spoke strongly supporting the Fire Department. He said, “I urge you, please, give them what they deserve. Each and every single one of them is so dedicated. You cannot believe how dedicated that they are. We dialed 9-1-1 at 10 o’clock at night earlier in the week and they were there at 10 o’clock at night, along with members of the Police Department. Please renegotiate with them and give them what they deserve. Thank you very much.” Public Hearing Closed @ 8:50 p.m.

Mr. Johnson said, “To put things in context, I don’t believe anyone believes that firefighters are not worth their cost. Absolutely, they’re worth every penny and more. The question isn’t about how much we value them or how much the City needs them. We know they’re extremely important The question is what can the City afford? This does not end negotiations. I want to make that abundantly clear. In fact, IAFF has the ability to ask the City to come back to the bargaining table as soon as January, if they so want to. So, the parties will definitely be in discussions. I like to think of the City’s November 22, 2022 City of Guadalupe Council Meeting Minutes Page 15 of 17 relationship with their labor groups as‘marriage without possibility of divorce’. The two parties have to get along and work together. This may be a bump in the road, but it was never a desire to have the firefighters shoulder a cause. It was really about a sky rocketing, escalating cost that the City and department weren’t expecting. We’re trying to right-size the department and personnel costs.

Then going back to the table and that is why the City is offering a 2% raise for 2022. It’s not that we think they don’t deserve raises, they do. What gets tricky and is hard for the public to understand sometimes is if you put pay and incentives, overtime and all these little categories, you don’t see it on the bottom line on the wages, on the pay scale. The City is more to putting monies in that pay scale. It’s more transparent to the public.”
Mayor Julian said, “The basis for the last, best, and final offer is to get back to the table and discuss these items.” Mr. Johnson said, “Correct, Mayor. This does not create an agreement. There is no agreement. This resets the status quo and paves the way for the parties to come back to the table as you just said.”
CM Ramirez asked, “You say ‘status quo’. Just so we all understand the timeline. So, let’s say we declare impasse today. Then January happens and…” Mr. Johnson said, “Technically, the labor groups can ask to come back to the table tomorrow. Typically, a little time is prudent to go by to allow the parties to regroup. But there is no agreement in place. This resets wage and hours, terms and conditions of employment to be consistent with the City’s last, best, and final offer. The City wouldn’t be obligated to return back to the negotiation table when IAFF requested. If IAFF didn’t request to get back to the bargaining table, the City can request, and IAFF would be obligated to come back to us.”
CM Ramirez asked, “When you say status quo and last, best, and final offer and we decide to declare impasse and they decide not to come back to the table thus far, that 2% is still retroactive to July 1 2022?” Mr. Che said, “If the Council adopts the resolution tonight, the firefighters will get a 2% raise on their bottom-line wages. Specialty pays will go away, the way overtime is calculated will be changed, schedules will be changed. Their base wage pay scale will see a 2% raise.” City Attorney Sinco clarified the elimination of “Certification Pay”. The last, best, and final offer does show that “Certification Pay” is eliminated. The clarification is that if an employee is currently receiving “Certificate Pay”, they will be grandfathered. The elimination is going forward.” Mr.

Johnson said, “It will affect some certification pays. It changes what types of specialty pays members of the bargaining unit can receive and puts a cap on them.” CM Costa, Jr. asked Mr. Doty to return to the podium. Comments were made by CM Costa, Jr. that revenue is needed to support the Fire Department, but that Guadalupe doesn’t have the budget to do so. Mr. Doty cited percentages of Fire’s budgets at other cities and that the budget for Guadalupe’s Fire Department is far lower than others. CM Costa, Jr. said, “Decisions made by the City Council now should have been made 15 years ago. The Council has nothing against the Fire November 22, 2022 City of Guadalupe Council Meeting Minutes Page 16 of 17 Department, but we need monies in order to pay.” Mr. Doty made further comments about the need to retain the Fire staff because if they leave, what will happen then. CM Costa, Jr. commented that that won’t happen.

Mayor Julian said, “The City Council challenged the Director of Public Safety to reduce costs in the Police Department and the Fire Department. At the last City Council meeting, we looked at the stipend for the Council which hasn’t been increased in 35+ years. The Council made the decision to cap it – no budget. We don’t have monies. We’re still under the gun from the Grand Jury to disincorporate…we’re still under-reserved. We just don’t have the monies. We respect the Fire Department and the Police Department serving our community. We value them. They’re serving our residents. It’s not easy going through this process.

Look at Pasadera. That started in 2002 and it didn’t move until about eight (8) years ago. Now it is slowing down due to interest rates. Cannabis? We looked at that having a small impact on our resources. You heard us tonight about a timeline on starting their businesses. Not a lot of people like cannabis but even the Grand Jury said we better start thinking of cannabis a few years ago. A new school in four or five years bringing in new teachers. We’re going to have those 18-acres at Pasadera to develop commercially. We have the Royal Theatre that will bring jobs to the community.

Fifty percent of us shop in Santa Maria, and we’re losing all those tax dollars. So, it’s not that we don’t care about the Fire Department or the Police Department, but we care about our bottom line.

It’s ‘want versus need’. We’re making our best effort to do what we can with the money that we have. We’re not there yet to give everybody what they wanted. And again, this resolution is setting the tone again to get back to the table, look at the issues and discuss them.” Mr. Johnson added, “I’d be surprised if the parties weren’t back at the table by the first of the new year. And if Council is so inclined, the City could start that process whenever the Council was ready.

There are two options to consider now: 1) adopt resolution, reset the status quo and start negotiations again, or 2) not adopt resolution and send the City back to the negotiation table, but we’d still be at impasse but would need new direction from the City Council as to how to try to reach an agreement.”
Motion was made by Council Member Costa, Jr. and seconded by Council Member Ramirez to approve Resolution No. 2022-105 to impose the City’s last, best, and final proposal on IAFF pursuant to Government Code Section 3505.7. Roll Call: Ayes: 5 Nos: 0 5-0 Motion passed.

13. FUTURE AGENDA ITEMS
There were no additional future agenda items mentioned.

14. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS
November 22, 2022 City of Guadalupe Council Meeting Minutes Page 17 of 17 CM Robles: On Saturday, the J1 (junior) Bulldogs played at the Super Bowl at Lompoc High School.

They won and were crowned “2022 Super Bowl Champions”. They won the game in a 28-0 manner.

I’ve never seen a team play like this. They went undefeated the whole season…11-0. They had eight (8) shut outs. They were only scored against them four (4) times. This young J1 team made history.

Everybody was talking about them. They were coached well, and they represented our city in a great manner. No team has done that in 17 years. We’ve had five (5) Super Bowl appearances, and this will be our third title.

Mayor Julian: I saw youngsters at the game sitting around Tony…representing the community.

People approached me saying they want to be part of the Parks & Recreation Commission.

I was saying that Santa Maria Times doesn’t do a lot of press on us, but they had a nice article with all the players’ names on the front page of the sports section which was nice.

Mayor Julian made some additional comments about CM Ramirez. He said, “We’ll miss you, but you’ll be back. You can talk about all that you’ve done. You can tell people to stay in school and stay true to yourself. My best to you in whatever you choose to do.”

15. ADJOURNMENT
Motion was made by Council Member Ramirez and seconded by Council Member Cardenas to adjourn the meeting. 5-0 Motion passed. The meeting adjourned at 9:15 p.m.

Prepared by: Approved by:
__________________________________ _____________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor

Agenda Item No. 12D

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of December 13, 2022
_______________________________
Prepared by:

Todd Bodem, City Administrator
SUBJECT: Cancellation of December 27, 2022, City Council meeting.

RECOMMENDATION:

That the City Council authorize cancellation of the City Council meeting on December 27, 2022.

BACKGROUND:

The regular second City Council meeting in December falls during the holiday season. Staff requests cancellation of the meeting. Should an emergency arise, a special meeting will be scheduled and public notified.

FISCAL IMPACT:

No Impact

Agenda Item No. 12E

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of December 13, 2022
_______________________________ _________________________________ Prepared by: Approved by:

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

That the City Council accept the October 2022 Financial Report DISCUSSION:

The Finance Department has prepared a Financial Report for the fiscal year 2022-2023 through October 2022 for the Council’s and the public’s information. Attached hereto as Attachment No. 1 is the Report.

Staff requests that the City Council accept this report for its information. The report includes preliminary numbers for the fiscal year. Please note that the Finance Department is working through the 22-23 fiscal year end process and there may be adjustments to final numbers.

ATTACHMENTS:

1. October 2022 Financial Report
Lorena Zarate
ATTACHMENT 1

City of Guadalupe
Monthly Financial Report
Fiscal Year 2022-23 through October 2022
Overview
This financial report concentrates on the General Fund through October 2022, or 33 percent of the year expended. The purpose of the report is to provide a status of cash, fund balance and budgeted Revenue and Expenditures versus actual at 33 percent of the fiscal year expended. As a disclosure, the year-end process is still in progress and there may be additional adjustments recommended by the auditor.

General Fund Cash
Total cash as of October 31st, 2022, was $654,612.07. For comparison, the cash balance for October 2021 was $258,402.67
General Fund Revenue
Actual revenue received through October 31st, 2022, compared to the approved budgeted revenue shows the General Fund below target 23.3 percent of expected revenues as compared to 33% for 4 months expended through the year.

The tables below show General Fund revenue by category. Most all revenue in these categories received in July and August was accrued back to June 2022 as part of the year end process, because they were attributable to the prior fiscal year. Property tax revenue for the current fiscal year has not yet been received but is expected around November. Sales tax revenue are following a similar trend to prior fiscal year in which timing delays occur toward the beginning of the fiscal Attachment 1

year. So far through October, only sales tax revenue for July and August have been received so far. The City received building permit fees from Escalante Meadows at the beginning of the fiscal year.

Category Budget Actual %
Property Tax 1,650,801 33,174 2.0%
Transfers from other funds 1,665,486 393,704 23.6%
Sales Tax 1,241,166 231,829 18.7%
Utility Users Tax 450,000 213,204 47.4%
Building Permit & Planning 272,900 220,504 80.8%
Business License 272,000 244,721 90.0%
Franchise Fees 260,000 19,124 7.4%
COPS Grant 185,100 72,690 39.3%
Rental of Property 115,300 41,447 35.9%
Administrative Overhead 92,400 21,048 22.8%
Other 726,360 122,013 16.8%
Total Revenue 6,931,513 1,613,458 23.3%
Gen. Fund Revenue by Category
Attachment 1

General Fund Expenditures
Expenditures are currently under budget at 26 percent expended as compared to the approved budget. The Table and Chart below shows all General Fund Departments and spending trends as of October 31st, 2022. All departments are relatively within budget through October 2022, except for the unexpected cannabis fees that were paid recently. Overall, expenditures for the General Fund are higherthan revenues by $176,258 through October 2022 related to the timing of receipt of funds and year-end adjustments for accruals. This is pretty typical during the beginning of the fiscal year.

Other Revenue Budget Actual %
Dividends 1,800 927 51.5%
Other Lic/Permits 18,200 10,233 56.2%
Over counter plan chk - - #DIV/0!
Cannabis 100,000 3,500 3.5%
Criminal Fines 300 29 9.7%
Other Fines 5,000 3,634 72.7%
Other Gov Grants 6,000 - 0.0%
Vehicle Anti Theft 4,000 1,021 25.5%
LEAP/REAP Grants 127,050 - 0.0%
Grading Permit - 900 0.0%
Public Impr Plan Chk - 500 0.0%
Plans & Specs 13,500 8,193 60.7%
AMR Fire 16,700 14,916 89.3%
Other Permit 2,500 2,407 96.3%
Other Service Chages 500 255 51.0%
Chevron 90,000 - 0.0%
Interest Inc 1,000 1,179 117.9%
Investment Inc - - #DIV/0!
Misc Inc 1,500 1,962 130.8%
Cash Over/Short 10 20 201.5%
SRO 60,400 - 0.0%
ev from other agencies 268,000 46,911 17.5%
other parks & rec - 690 #DIV/0!
Misc Rev Police 8,500 12,094 142.3%
POST - - #DIV/0!
W/C Reimbursement - 12,911 #DIV/0!
TOT - 582 #DIV/0!
contributions - 550 #DIV/0!
726,360 122,013 16.8%
Attachment 1

General Fund Balance
The term fund balance is used to describe the net position of governmental funds calculated in accordance with generally accepted accounting principles (GAAP). It is intended to serve as a measure of the financial resources available to the fund. Fund balance represents the total amount accumulated in the fund from prior years at a point in time. The fund balance in the General Fund as of October 31st, 2022 is a positive $588,247.55. As mentioned earlier, this is a preliminary figure as the FY22 audit is ongoing at this time. The graph below shows the upward trend through the past several years. As shown in the visual below, the fund balance at the end of October 2021 was $15,161.52 for comparison. A priority for City is to continue to increase the fund balance enough to establish a reserve of a minimum of 15% of the General Fund operating budget, which is $1,020,124.

DEPARTMENT NAME Approved Budget Actual Spent as of
10/31/2022 33%
City Council 12,680 4,019 32%
Administration 507,300 132,089 26%
City Attorney 110,000 25,404 23%
Finance 590,883 173,534 29%
Non Departmental 457,841 84,837 19%
Building Maintenance 329,594 39,130 12%
Police 2,905,300 780,150 27%
Fire 1,264,400 367,326 29%
Parks & Rec 369,372 96,697 26%
Building and Safety 253,060 72,003 28%
Cannabis - 14,527 #DIV/0!
TOTAL ALL DEPARTMENTS: 6,800,430 1,789,716 26%
2022-23 GENERAL FUND EXPENDITURES
Attachment 1

ARPA
During the budget process, City Council approved the use of funds from ARPA in the amount of $1,396,918 for the current fiscal year. So far through October 2022, $119,326 has been expended in the current fiscal year, $460,653 total since the award. The remaining of the funds would have to be expended by the end of December 2024. Please see Exhibit A for further details.

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

Information in this report is unaudited.
1 23456789
1011121314151617181920212223242526272829303132333435363738394041424344454647484950515253545556575859

AB C D N O P Q R S T U V W X Y Z
ARPA Summary ‐ Draft

ACTUAL BUDGETED ACTUAL ACTUAL ACTUAL ACTUAL BUDGETED
Description Council Approved FY21‐22 REMAINING FY22‐23 Jul‐22 Aug‐22 Sep‐22 Oct‐22 REMAINING FY23‐24 REMAINING revenue General Fund loss of revenue $ 200,456 $ 30,000.00 $ 170,456.17 170,456.17 170,456.17 ‐ 170,456.17 revenue General Plan Environmental impact review $ 46,074 $ ‐ $ 46,073.80 46,073.80 46,073.80 ‐ 46,073.80 Water Utility debt forgiveness $ 35,000 $ 35,000.00 $ ‐ ‐  ‐  ‐  ‐ CDBG Los Amigos de Guadalupe $ 40,000 $ 5,994.21 $ 34,005.79 30,805.79 7,101.84 600.40 26,303.55 ‐  26,303.55 revenue Cyber Sec Upgrades IT $ 75,000 $ 26,220.00 $ 48,780.00 24,390.00 48,780.00 24,390.00 24,390.00 Rec Manager $ 168,865 $ 39,749.43 $ 129,115.77 92,600.00 9,808.70 6,891.18 6,788.87 6,681.99 98,945.03 36,516.82 62,428.21 Jack O'Connell Park $ 25,000 $ 25,000.00 $ ‐ ‐  ‐  ‐  ‐ 01‐4300‐1550 Concession Stand $ 1,000 $ ‐ $ 1,000.00 1,000.00 1,000.00 ‐ 1,000.00 01‐4300‐1550 Recreational Programs $ 20,000 $ 876.18 $ 19,123.82 19,671.71 1,882.13 20.30 75.81 1,037.54 16,108.04 ‐ 16,108.04 01‐4300‐1550 Tables and C Storage $ 8,900 $ ‐ $ 8,900.00 8,900.00 8,900.00 ‐ 8,900.00 01‐4140‐2999 PPE Supplies $ 4,800 $ 169.64 $ 4,630.36 4,630.36 4,630.36 ‐ 4,630.36 Public Safety Paid Volunteers $ 10,000 $ 10,000.00 $ (0.00) ‐  (0.00) ‐  (0.00) CIP Planning Software $ 73,000 $ ‐ $ 73,000.00 73,000.00 73,000.00 ‐ 73,000.00 01‐4140‐2151 Adobe $ 18,208 $ 10,589.21 $ 7,618.51 7,618.51 7,618.51 ‐  7,618.51 WIFI for LeRoy Park ‐ Change Orders $ 39,000 $ 39,000.00 $ ‐ ‐  ‐  ‐  ‐ Live Streaming Equipment, Webcam, TV's $ 8,500 $ 8,440.22 $ 59.78 ‐  59.78 ‐  59.78 01‐4140‐2151 Building Attendent ‐ Live Streaming Administration $ 4,320 $ ‐ $ 4,320.00 4,320.00 4,320.00 ‐ 4,320.00 01‐4140‐2151 Spanish/Mixteco Interpreting Services $ 7,500 $ ‐ $ 7,500.00 7,500.00 7,500.00 ‐ 7,500.0001‐4140‐2151 Website Update $ 15,000 $ 7,550.00 $ 7,450.00 6,450.00 658.59 6,791.41 ‐  6,791.41 01‐4140‐2151 Website Content $ 4,800 $ ‐ $ 4,800.00 4,800.00 4,800.00 ‐ 4,800.00 01‐4140‐2151 Website Event Management Plugin $ 5,000 $ ‐ $ 5,000.00 5,000.00 5,000.00 ‐ 5,000.0001‐4140‐2151 Website PW Request ‐ Workflow Management $ 1,200 $ ‐ $ 1,200.00 1,200.00 1,200.00 ‐ 1,200.0001‐4140‐1550 Surface Pro 7 w/Keyboard $ 19,682 $ ‐ $ 19,681.60 19,681.60 19,681.60 ‐ 19,681.60 CIP City hall roof repairs $ 266,000 $ ‐ $ 266,000.00 300,000.00 9,100.00 2,500.00 6,534.00 2,041.00 245,825.00 ‐ 245,825.00 CIP O'Connell Park gate $ 10,000 $ ‐ $ 10,000.00 100,000.00 10,000.00 ‐ 10,000.00 CIP O'connell irrigation renovation $ 54,000 $ ‐ $ 54,000.00 ‐  54,000.00 ‐ 54,000.00CIP City hall painting $ 55,000 $ ‐ $ 55,000.00 ‐  55,000.00 ‐ 55,000.00CIP Leroy Park Parking Lot $ 165,000 $ ‐ $ 165,000.00 154,000.00 165,000.00 ‐ 165,000.00 01‐4200‐1400 Generator (1) $ 50,000 $ ‐ $ 50,000.00 50,000.00 50,000.00 ‐ 50,000.00 01‐4145‐2150 Auditorium Upgrades $ 75,000 $ 40,763.39 $ 34,236.61 46,698.11 11,333.84 31,470.00 (8,567.23) ‐  (8,567.23) 01‐4145‐1550 PW Conference Room Upgrades $ 18,000 $ 4,331.43 $ 13,668.57 15,638.57 6,840.00 678.92 6,149.65 ‐  6,149.6501‐4145‐1550 Finance Office Upgrades $ ‐ $ ‐ $ ‐ ‐  ‐  ‐  ‐ 01‐4145‐2150 Vegetation Maintenance; Gates, vehicle, code compliance $ 50,000 $ 19,124.00 $ 30,876.00 30,876.00 4,960.00 25,916.00 ‐ 25,916.00 Maintenance Lead $ 85,500 $ ‐ $ 85,500.00 75,600.00 85,500.00 9,900.00 75,600.00 CIP Library Relocation $ 30,000 $ ‐ $ 30,000.00 30,000.00 30,000.00 ‐ 30,000.00 Admin and Finance Heating $ 25,240 $ 25,240.16 $ ‐ ‐  ‐  ‐  ‐ SBCAG Broadband Contribution $ 5,223 $ 5,422.63 $ (200.00) ‐  (200.00) ‐  (200.00) 01‐4200‐0100 Differential for Emergency Services Manager $ 3,298 $ ‐ $ 3,298.00 3,298.00 3,298.00 ‐ 3,298.00 01‐4405‐0150 Temp. Permit/Planning appointment for scanning $ 1,210 $ ‐ $ 1,210.00 1,210.00 1,210.00 ‐ 1,210.00 Drinking Fountain and refridgerator $ 6,506 $ 6,506.25 $ (0.25) ‐  (0.25) ‐  (0.25) CIP Emergency declaration ‐ electrical issues $ 50,000 $ 1,350.00 $ 48,650.00 50,000.00 48,650.00 ‐ 48,650.00 revenue finance intern/part‐time $ 26,637 $ ‐ $ 26,637.00 11,500.00 2,320.82 24,316.18 ‐ 24,316.18 $ 1,807,918 $ 341,326.75 $ 1,466,591.53 1,396,918.62 37,084.67 17,171.91 52,309.08 12,760.27 1,347,265.60 70,806.82 1,276,458.78 Total ARPA awarded $ 1,860,000
Remaining to allocate $ 52,082 TOTAL Actual TOTAL BUDGET ACTUAL ACTUAL ACTUAL ACTUAL TOTAL BUDGET FY21‐22 FY22‐23 July 2022 Aug 2022 Sept 2022 Oct 2023 FY23‐24 $ 212,623 related to General Fund $ 659,113 $ 27,985 $ 7,570 $ 6,864.68 $ 10,719.27 related to General Fund $ 70,807 related to General Fund $ 2,453 related to transit $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ related to transit $ ‐ related to transit $ 44,994 related to cdbg $ 30,806 $ ‐ $ 7,102 $ 600.40 $ ‐ related to cdbg $ ‐ related to cdbg $ 2,787 related to fund 60 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ related to fund 60 $ ‐ related to fund 60 $ 20,220 related to CIP $ 707,000 $ 9,100 $ 2,500 $ 6,534.00 $ 2,041.00 related to CIP $ ‐ related to CIP $ 33,250 related to water $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ related to water $ ‐ related to water $ 25,000 related to fund 38 $ 1,940.00 $ ‐ related to fund 71 $ ‐ related to fund 38 $ 341,327 $ 36,370.00 $ ‐ related to fund 76 $ 70,807
$ ‐ $ 1,396,919 $ 37,085 $ 17,172 $ 52,309 $ 12,760 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐

EXHIBIT A

Agenda Item No. 12F

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of December 13, 2022
_______________________________ _________________________________ Prepared by: Approved by:

Shannon Sweeney Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: Adoption of a resolution approving a contract with Michael K. Nunley and Associates (MKN) in the amount of $107,023.00 for preparation of wastewater documents, including a Wastewater Master Plan, Engineering Report, Title 22 Engineering Report, and various technical memorandums regarding wastewater treatment.

RECOMMENDATION:

That the City Council adopt a resolution approving a contract with MKN in the amount of $107,023.00 for preparation of wastewater documents, including a Wastewater Master Plan, Engineering Report, Title 22 Engineering Report, and various technical memorandums regarding wastewater treatment.

BACKGROUND:

The latest City of Guadalupe Wastewater Master Plan was completed on October 28, 2014. Since then, several capital projects that were identified in the latest update have been completed. These plans should be updated about once every five years, so this one is overdue to be updated. $150,000 was added to the Professional Services account 12-4452-2150 in the Fiscal Year 2022-23 budget to update this document.

In the meantime, the Regional Water Quality Control Board (Regional Board), which regulates the City’s wastewater facilities, is working on reissuing the City’s Waste Discharge Permit. Numerous questions have arisen related to this permit reissuance, including the validity of the treatment plant effluent sample point, plant loading, location of flowmeters, and need for Title 22 Engineering Report. These additional elements have been added to this project to satisfy the Regional Board’s requests.

The City issued a Request for Proposals on October 21, 2022, by posting on the City’s website, advertising in the local paper, and sending via email to ten consulting firms specializing in wastewater consulting services. One proposal, from MKN, was received by the deadline of November 22, 2022.

DISCUSSION:

MKN completed the last update to the City’s Wastewater Master Plan. Since then, City staff have worked closely with MKN on design of several capital projects. Their staff is knowledgeable about wastewater and familiar with City infrastructure.

Shannon Sweeney

FISCAL IMPACT:

These services were included in the Fiscal Year 2022-23 budget. As of September 30, 2022, $403,836.11 is available in account 12-4425-2150 for these services. Completion of these services are vital to the issuance of the City’s Waste Discharge Permit and to maintain regulatory compliance. Failure to complete these services could result in regulatory fines for lack of responsiveness to the Regional Board, a building moratorium, or downgrade of plant capacity.

ATTACHMENTS:

1. Resolution No. 2022-107 contract with MKN for wastewater consulting services.

2. Agreement with MKN

RESOLUTION NO. 2022-107

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE APPROVING AN AGREEMENT WITH MICHAEL K. NUNLEY AND ASSOCIATES (MKN) FOR WASTEWATER

CONSULTING SERVICES
WHEREAS, the City budgeted $150,000 to update the Wastewater Master Plan that was last updated October 2014, and
WHEREAS, the City issued a Request for Proposals on October 21, 2022, for wastewater consulting services including a Wastewater Master Plan, Engineering Report, Title 22 Engineering Report, and various technical memorandums regarding wastewater treatment; and WHEREAS, the City received one proposal by the deadline of November 22, 2022; and WHEREAS, these services were included in the Fiscal Year 2022-23 budget. As of September 30, 2022, $403,836.11 is available in account 12-4425-2150 for these services; and WHEREAS, MKN has provided high-quality services and excellent responsiveness on previous projects, is very knowledgeable about wastewater, and is familiar with City infrastructure.

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

SECTION 1. That the City Council of the City of Guadalupe approve an agreement with MKN in the amount of $107,023.00 for wastewater consulting services and granting the City Administrator the ability to approve payments up to 15% beyond the original cost proposal.

SECTION 2. That the Mayor is authorized to sign the agreement on behalf of the City.

SECTION 3. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.

PASSED, APPROVED AND ADOPTED at a regular meeting on the 13th day of December, 2022 by the following vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTACHMENT 1

I, Amelia M. Villegas City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2022-107, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held December 13, 2022, and that same was approved and adopted.

ATTEST:
______________________________ ____________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
______________________________
Philip Sinco, City Attorney
City Atty Rev 8/21 1

AGREEMENT FOR CONSULTANT SERVICES

BETWEEN

THE CITY OF GUADALUPE
AND
MICHAEL K. NUNLEY AND ASSOCIATES (MKN)
THIS AGREEMENT FOR CONSULTANT SERVICES (the "Agreement") is made and entered into this 13 day of December, 2022, by and between the CITY OF GUADALUPE, a municipal corporation ("City") and Michael K. Nunley and Associates, a California corporation ("Consultant").

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

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

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

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

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

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

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

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

Section 6. Ownership of Documents.
(a) All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, paper files, and other documents prepared, developed or discovered by Consultant in the course of providing any services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Reuse of any materials outside the scope of this Agreement shall be at the sole risk of the City. (b) Drawings, specifications and other documents, prepared by the Consultant are Instruments of Service for use solely with respect to this Project. This includes documents in electronic form. Instruments completed and provided by Consultant to City under the terms of this Agreement shall be presumed to have been verified by Consultant whether there is a separate writing verifying the Instruments of Service of not. City’s ownership of said Instruments of Service, as outlined above, are subject to receipt by the Consultant of full payment for all services relating to preparation of the Instruments of Service and subject to the following limitations: (1) City acknowledges that such Instruments of Service are not intended or represented to be suitable for use on the City Atty Rev 8/21 3
Project unless completed by the Consultant, or for use or reuse by City or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by the Consultant; (2) any such use or reuse, or any modification of the Instruments of Service, without written verification, completion, or adaptation by the Consultant, as appropriate for the specific purpose intended, will be at City’s sole risk and without liability or legal exposure to the Consultant or to its officers, directors, members, partners, agents, and employees; and (3) City shall indemnify and hold harmless the Consultant and its officers, directors, members, partners, agents, and employees from all claims, damages, losses, and expenses, including reasonable and necessary defense costs, arising out of or resulting from any use, reuse, or modification of the Instruments of Service without written verification, completion, or adaptation by the Consultant.

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

Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently completed and detailed so as to permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to the audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, upon reasonable notice during regular business hours, upon written request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant's address indicated for receipt of notices in this Agreement. The City shall compensate the Consultant for all costs associated with providing these materials to the City.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or destroyed due to dissolution or termination of Consultant's business, City may, by written request, require that custody of such documents or records be given to the requesting party and that such documents and records be maintained by the requesting party. Access to such documents City Atty Rev 8/21 4
and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.

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

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

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

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

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

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

City Atty Rev 8/21 5
Section 11. Nondiscrimination. Consultant shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, disability, marital status or sexual orientation in connection with or related to the performance of this Agreement.

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

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

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

City Atty Rev 8/21 6
Section 14. Confidential Information; Release of Information. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Administrator, except as may be required by law.
(b) Consultant, its officers, employees, agents or subconsultants, shall not, without prior written authorization from the City Administrator or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories or other information concerning the work performed under this Agreement. A response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subconsultant of Consultant, provides any information or work product in violation of this section, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or sub consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant.

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

Section 15. Indemnification.
(a) Indemnification and Defense for Professional Services: To the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and its respective elected and appointed boards, officials, officers, agents, employees, and volunteers (individually and collectively, "Indemnitees") from and against any and all claims, losses, liabilities, damages, costs and expenses, including reasonable attorney's City Atty Rev 8/21 7
fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's duty to defend shall consist of reimbursement of defense costs incurred by City in direct proportion to the Consultant's proportionate percentage of fault. Consultant's percentage of fault shall be determined, as applicable, by a court of law, jury, or arbitrator. In the event any loss, liability, or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant's percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant's proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the City.
(b) For All Other Liabilities: City and its respective elected and appointed boards, officials, officers, agents, employees, and volunteers (individually and collectively, "Indemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, defend, protect and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorney's fees and disbursements (collectively, "Claims") which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by Consultant's performance of or failure to perform any services under this Agreement or by the negligent or willfully wrongful acts or omissions of Consultant, its agents, officers, directors, sub consultants or employees, committed in performing any of the services under this Agreement.
(c) The provisions of this section do not apply to Claims occurring as a result of the City's sole negligence or willfully wrongful acts or omissions. (d) City agrees to indemnify Consultant for any such neglect or willfully wrongful acts committed by City or its officers, agents or employees.

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

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

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

City Atty Rev 8/21 8
Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, Consultant agrees to amend, supplement, or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to Consultant or its subconsultants in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to City.

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

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

B. Minimum Limits of Insurance: Consultant shall maintain limits of insurance no less than:
(1) General Liability Insurance: Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. This insurance and any umbrella or excess City Atty Rev 8/21 9
liability insurance shall be maintained for a minimum of three years or as long as there is a statutory exposure to completed operations claims, with the City and its officers, officials, employees, and agents continued as additional insured.
(2) Automobile Liability: Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (3) Workers' Compensation and Employer's Liability: Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Consultant’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Consultant shall require each subConsultant to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subConsultant’s employees. Consultant shall submit to City. (4) Errors and Omissions Liability: $1,000,000 per claim as appropriate for the profession.
(5) Umbrella or excess liability insurance (if needed): Consultant shall obtain and maintain an umbrella or excess liability insurance that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability.

Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(6) Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a Consultant’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the City Atty Rev 8/21 10
policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

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

City Atty Rev 8/21 12
Section 17. Assignment. The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under the Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant's duties or obligations under this Agreement without the prior written consent of the City Council. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement, entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize sub consultants.

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

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

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

Section 20. Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating City Atty Rev 8/21 13
Consultant for any work performed after the date of default and may terminate this Agreement immediately by written notice to Consultant.

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

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

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

To City: City Administrator
City of Guadalupe
918 Obispo Street
Guadalupe, CA 93434
To Consultant: Michael K. Nunley and Associates
530 Paulding Circle, Suite B
Arroyo Grande, CA 93420
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

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

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

Section 26. Modification of Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Atty Rev 8/21 14
City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

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

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

Section 29: Mediation: Consultant and City agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement or the breach thereof (“Disputes”) to mediation by a mutually agreeable mediator. Consultant and City agree to participate in the mediation process in good faith. The process shall be conducted on a confidential basis, and shall be completed within 120 days. If such mediation is unsuccessful in resolving a Dispute, then (1) the parties may mutually agree to a dispute resolution of their choice, or (2) either party may seek to have the Dispute resolved by a court of competent jurisdiction.

Section 30. Attorney's Fees, Costs and Expenses. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to any award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.

Section 31. Entire Agreement. This Agreement, including the attached exhibits, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement.

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

Section 32. Severability. If a term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or City Atty Rev 8/21 15
unenforceable, the remaining provisions of this Agreement shall not be affected thereby, and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

Section 33. Preparation of Agreement. This Agreement is the product of negotiation and preparation by and among the parties and their respective attorneys. The parties, therefore, expressly acknowledge and agree that this Agreement shall not be deemed prepared or drafted by one party or another, or any party's attorney, and will be construed accordingly.

CITY: Consultant:

CITY OF GUADALUPE
By:______________________________ By:_________________________________ Ariston Julian, Mayor
Title:_______________________________
APPROVED AS TO FORM:

By:_________________________________
__________________________________ Title:_______________________________ Phillip Sinco, City Attorney
Michael K. Nunley CEO/ President
Eileen Shields, PE, Principal Engineer
Exhibit A

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

MINISTERIAL PROJECTS
Zoning Clearances Approved 1
Zoning Clearances Denied 0
Zoning Verification Letters 0
Business Licenses Approved 1
Business Licenses Denied 0
ADUs approved 5
AUP for short-term rental 0

DISCRETIONARY PROJECTS
The following projects are in for Planning Department review and have been worked on during November:
 General Plan Update – MND approved and Draft GP adopted at November 22, 2022 Council meeting.
 2022-016-GPZ Snowy Plover map and design review remain Incomplete  2022-027-CUP/2022-030-DR - Conditional Use Permit for Patrick Kimbell to allow 24 affordable apartments in a Street. Approved November 8, 2022.  2022-034-CUP - Conditional Use Permit for Central Coast Processing, LLC to allow processing, bulk packaging, and transportation of cannabis at 151 Obispo Street.

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

Agenda Item No. 12G 1.

Ministerial Permit Report– November 2022
(Reported 12-1-2022)
Zoning Clearance Approvals
2022-082 ZC Escalante Meadows Development 1035 Escalante Street ADU Approvals2022-072-ZC Miller ADU 4490 Fir Street
2022-075-ZC Castellanos ADU 5196 Surfbird Lane
2022-076-ZC Gomez ADU 4455 Elm Street
2022-079-ZC Gomez ADU 4484 Third Street
2022-080-ZC Hernandez JADU 4768 Hernandez Drive
Business License Approvals
Don Charly’s Place Restaurant 865 Guadalupe Street
Business License Denials
None
Guadalupe City Planning Department
Planning Processing Summary for November 2022
(12-1-22 update)
Case No. Name Submittal
Date
Comp. Date Status OK for Bldg.

Permit Issuance
2022-037-CUP -
Conditional Use
Permit
Hwy 1 General Auto
Repair
Approved at November 22, 2022, CC public
hearing.

Yes
N/A
$$ thru SB2 grant
General Plan Update 2019 City
Council
authorization
N/A MND approved and General Plan adopted by
City Council on 11-22-22.

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

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

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

NO
2022-037-CUP General Auto Repair March 2022 Compete
7-6-22
Approved at November 22, 2022, CC public
hearing.

Yes
2022-027-CUP
2022-030-DR
Kimbell Apartments COMP
8-28-22
Approved November 8, 2022 Yes
2022-034-CUP Central Coast
Processing
Complete Approved by CC at October 25 public hearing NO 2022-056-DR
2022-066-CUP
Pioneer Street Apts.

Design Review &
CUP
July 7, 2022 COMP 8-28-
22 Complete for processing. Working on staff
report
NO
2022-048-CUP Element 7 Retail
cannabis dispensary
INC 9-17-22 INC Letter sent of September 17, 2022. NO
No$ = unreimbursed planning work
$ = projects where a fixed fee has been paid
$$ = projects where a variable fee / deposit is made and the applicant is billed for time beyond the initial deposit // 12-1-22
Agenda Item No. 12G 2.

1 Public Works/Engineering Report
November 2022
Development
Pasadera
City staff replaced the SIM card in the irrigation controller for the parks in Lot 5. While these irrigation systems are designed to be controlled by computer, the controller was malfunctioning and not following the control program due to a faulty SIM card. The system was left off after the SIM card was replaced in order to allow the saturated soil to dry out a bit. Given the rain forecast for early December, the system has remained off for water conservation. In the meantime, staff have been checking the parks regularly to ensure that vegetation has not been negatively impacted.

On November 15, the City sent a letter to the Title Company to release the bond for Lot 9.

Other
On November 1, staff reviewed one encroachment permit application.

On November 8, staff reviewed two encroachment permit applications.

City staff spent a considerable amount of time with Frontier Communications and their subcontractor Line Works on numerous encroachments associated with the installation of fiberoptic cable infrastructure for high-speed Internet. Encroachmentsthat involved aerial work were approved. Only one micro trenching encroachment permit will be improved at a time, as these projects are extremely disruptive to pedestrian and vehicular traffic. City staff met with the contractor in the field on November 2 for a preconstruction meeting and again on November 15 for project clarification. Field staff has needed to address safety issues with the contract foreman numerous times over the course of this project.

On November 22, staff reviewed the offsite public improvements required for the LaGuardia townhomes project. Comments were communicated to the property owner on November 23.

The property owner submitted corrections on November 29. Staff comments were adequately addressed. The site improvements include upsizing downstream sewer line from 6-inch diameter to 8-inch diameter as required for multifamily housing and installation of sidewalk along LaGuardia connect the People’s Self Help Project to existing sidewalk on Gularte.

Agenda Item No. 12G 3.
2 General
Public Safety Nexus Study
The Public Works Director assisted Public Safety with reviewing proposals for the Public Safety Impact Fee Nexus Study.

Urban Forest Plan Grant
In June 2022, the City received a grant in the amount of $170,734.49 to conduct a tree inventory, prepare an Urban Forest Plan and associated ordinance, and plant 84 trees. The City submitted its first report and request for reimbursement of $12,423.29 on November 14. These funds cover the cost of purchasing the GPS unit needed to complete the tree inventory.

On November 8, staff issued an RFQ for Guadalupe Street tree trimming. Quotes are due by December 1.

Clean California maintenance grant
On November 16, staff submitted a reimbursement request for $8,613.61 for litter and graffiti abatement on Guadalupe Street.

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

• November 1: 303 Obispo Street corporation yard cleanup. • November 2: Preconstruction meeting with Frontier Communication. • November 3: Frontier Communication coordination.
• November 7: Change times on Katayama and Amtrak clocks to reflect standard Pacific time. Follow-up on encroachment permits including new generator installation at elevated tank and water service installation on Olivera Street. • November 9: Pick up two new concrete benches from Mid-State Concrete in Santa Maria and install at Le Roy Park.
• November 11: Holiday.
• November 14: Coordinate breakout of concrete at the Veterans Memorial Plaza. • November 15: Field verification that all public infrastructure was installed as required for Lot 9 of the Pasadera development.
• November 17: Pothole repair, assist Recreation on potluck setup and teardown. • November 18: Stop sign repair throughout City.
3 • November 21: 2022 Pavement Rehabilitation Preconstruction Meeting, PG&E compliance issue, Pasadera irrigation controller synchronization, Frontier Communications traffic control coordination.
• November 23: Prepare City for long weekend.
• November 24, 25: Holiday.
• November 28: Coordination with Frontier Communications subcontractor Line Works on fiber optic installation project. Install plaques on trees and benches for the Le Roy Park capital campaign program.
• November 29: All day traffic control safety class for all Public Works staff. • November 30: Storm preparation. Check all storm drain inlets in advance of upcoming rain storms. Replace door knob and lock and align door at City Hall. Attend virtual 30% design meeting with Caltrans on Guadalupe Street ADA project.

The Public Works Director participated in the following meetings in November:
• November 2: Frontier Communications preconstruction meeting. Highway 1 Lift Station field meeting with property owner. Central Park renovation project monthly progress meeting.
• November 3: SBCAG Technical Advisory Committee. Clean California Local Grant program cycle 2 workshop #1 webinar.
• November 8: PG&E Rule 20 phase 2 workshop webinar.
• November 9: 2022 Public Safety Impact Fee Nexus Study meeting. Wastewater treatment plant effluent pump station rehabilitation project prestart meeting. Santa Maria rapid transit electric bus unveiling.
• November 10: electric bus temporary charging solution discussion with electrician consultant and electric bus manufacturer.
• November 15: Frontier communications field clarification meeting. • November 16: virtual Biolac discussion.
• November 17: meeting with Los Amigos de Guadalupe.
• November 21: 2022 Pavement Rehabilitation Project preconstruction meeting. • November 29: City Hall painting preconstruction meeting. • November 30: Annual CCCE and Guadalupe member agencies services virtual meeting.

Caltrans 30% constructability comment resolution meeting for Guadalupe Street ADA project.
4 Parks
Pasadera parks
In November, City staff worked with the Rainbird irrigation control manufacturer to troubleshoot the controls system for irrigating parks in Lot 5. Despite staff efforts, overwatering of these parks continued even after adjusting the computer program. Manufacturer identified the problem as a faulty SIM card. Once this card was replaced, the computer program was able to synchronize with the field controller and transfer the program. However, because the vegetation was so badly overwatered prior to this fix, the program was left off to allow the vegetation to dry out.

Central Park
Staff worked with the design consultant for the Central Park Renovation Project on several items in the month of November, including monthly progress, update to the Recreation Commission, information exchange, and discussion of design elements. City staff forwarded underground utility location, along with information on existing security camera and irrigation control hardware already in place in the City so that elements could be folded into the design for Central Park for consistency of equipment.

On November 28, City staff submitted a payment request in the amount of $99,700 to the California Department of Parks and Recreation for reimbursement of costs to date on the Central Park Renovation Project.

Le Roy Park
In November, staff installed the plaques associated with the capital campaign program.

In November, streets staff helped respond to a fire in the outside bathroom.

Solid Waste
SB 1383
On November 1, staff submitted the first expense certification associated with the $20,820 grant for the implementation of customer food waste recycling. This first expense was in the amount of $4,512.00 for the purchase of 300 kitchen food waste pails. Pails are still available for pickup, one per household, at the Planning Office during business hours.

Streets
2022 Pavement Rehabilitation Project
This project was awarded on October 11. Preconstruction meeting occurred on November 21.

This project is scheduled to begin on December 5. Concrete work is scheduled to be completed 5 during the month of December, with pavement rehabilitation scheduled for the month of January. This project is currently scheduled to be completed at the beginning of February. During the month of November, staff reviewed 16 submittals associated with this project.

LaGuardia sidewalk installation
in November staff worked with LaGuardia townhomes property owner in development of offsite public improvements drawings, including sidewalk along LaGuardia connecting the Peoples Help project to the existing sidewalk on Gularte.

Transit
EV buses
Staff continues to work with the bus manufacturer on details associated with the electric bus, including arrangements for temporary charging and bus painting. Current estimate is that this bus will be ready for delivery at the beginning of February.

Water
West Main Street Water Line Project
The project to connect the water main on West Main at Pioneer Street to the water line feeding the east end of the school was completed on November 21.

AMI
$200,000 for the automated metering infrastructure (AM)I project phase 1 is budgeted in the fiscal year 22 – 23 budget. A critical element of this project is to convert the 503 meters in routes eight and nine that are manual read and are not compatible with the automated meter reading technology, which is needed to work with AMI. This work was already anticipated and budgeted for this project. The expense to purchase these meters is $87,016.32. City staff is sole-sourcing this purchase so that these meters are compatible with all of the other meters in the water system that are Sensus auto read. City staff will install the meters. Once installed, the City will save an estimated four workdays per month by converting these meters from manual read to auto read, and save even more staff time once AMI is fully implemented. Meters were ordered on November 10 and are scheduled for delivery mid-December.

On November 10, water operators began using the new Tyler service order system in which the operators receive service orders electronically via iPad, which is intended to facilitate recordkeeping and improve customer service.

Obispo Well
Staff identified a leak in the seal on Obispo Well. Staff solicited a quote to repair this leak on November 18. The leak is scheduled to be repaired early December.

State Water
6 State Water was unavailable the entire month of November due to a Central Coast Water Authority (CCWA) shutdown for maintenance work on the facilities associated with treatment and delivery of this water supply. Due to the length of this outage, the water in the approximately 5 miles of pipe from the turnout to the City no longer meets drinking water standards. When the State Water system is put back online in late December, City staff will draw highly disinfected water into the pipe while discharging existing water to the storm drain. Once the disinfectant residual drops down to acceptable levels, the water will be drawn into the City’s distribution system and normal operations will resume.

Wastewater
Regulatory
No overflows occurred in November 2022.

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

Operations
In November, the second of three aerators failed in the Advanced Integrated Pond System (AIPS).

On November 29, staff discussed alternatives for attempting to meet compliance given this outage. Wastewater staff will attempt to create a temporary air delivery system to lower effluent BOD. Funds are available in this year’s fiscal budget to replace two aerators. Staff have been working with PG&E in an attempt to obtain a rebate for purchasing new more energy efficient aerators. However, the latest failure means we no longer have the time to work through that rebate process and will likely need to purchase at least one aerator without the benefit of the rebate program.

On November 16, wastewater staff met virtually with Biolac manufacturer representatives to discuss reasons why the Biolac is not able to flow at the design hydraulic loading rate without violating. Based on this discussion, staff have made some adjustments in order to improve performance.

Multiple issues occurred with the Gularte Lift Station in November. On November 19, the monitoring device used to protect against overflows was found to be malfunctioning. On November 20, the pumps were found to be ragged up. The pumps were pulled and deragged.

On November 21, the floats were replaced, but the antenna was found to be broken. On November 22, the lift station lost power. PG&E reset a breaker on the pole that day. The station lost power again on Thanksgiving Day. PG&E replaced their transformer that afternoon.

Effluent Pump Station Rehabilitation
This project involves the rehabilitation of the effluent pump station at the wastewater treatment plant. City staff reviewed four additional submittals for this project and received a project schedule indicating that the majority of this project will be completed in December, with 7 completion anticipated in early January. In the meantime, the effluent pump station is not functioning, making this project vital at this time.

Highway 1 Lift Station Rehabilitation
In November, City staff worked with the design consultant on some final details associated with this project. A meeting is scheduled in December to finalize the documents so that this project can be advertised for construction.

Pioneer Lift Station Rehabilitation
On November 29, staff received word that the City was awarded a grant in the amount of $989,668 towards this project through Proposition 1 Round 2. This grant is being administered through the Integrated Regional Water Management Program (IRWMP) 8 Project
# Account # 2022-23 TOTAL
2022-23 Spent/
Encumbered November 2022 Update
100 Buildings089-104 89-4444-3044 155,127 $ 9,358 $ Transition begun089-105 89-4444-3045 40,840 $ 089-106 89-4444-3077 90,000 $ 089-107 89-4444-3076 70,000 $ 089-108 89-4444-3075 170,000 $ 26,527 $ PG&E design underway 089-109 New Royal Theatre 5,459,320 $
089-110 New Library Relocation 30,000 $
089-111 New City Hall Restroom Redesign - $ canceled $154,000 funds transferred to 089-112 089-112 New 554,000 $ 79,665 $ city hall structural assessment+painting bid 200 Parks
089-201 New 4,882,054 $ 611,887 $ Design underway
089-204 New CDBG (Leroy Phase 2) 1,700,000 $
300 Streets, Sidewalks, Bicycle Facilities
089-307 89-4444-3067 200,000 $ 089-308 89-4444-3068 1,700,000 $ 1,471,237 $ Awarded 089-309 89-4444-3097 100,000 $ 100,000 $ Awarded
089-310 New 293,809 $ Developer to address. Drawings submitted and approved 089-311 89-4444-3092 60,000 $ 400 Water
089-406 89-4444-3093 95,000 $ Proposals received for cell tower lease agreement review089-407 89-4444-3094 200,000 $ 87,016 $ Meters purchased for conversion 089-408 89-4444-3095 50,000 $ 089-409 89-4444-3096 450,000 $ 379,255 $ Completed 8/9/22 089-410 New 40,000 $ 500 Wastewater
089-503 89-4444-3083 522,821 $ 516,180 $ Construction scheduled for completion January 2023 089-504 89-4444-3084 1,200,000 $ CalTrans encroacment permit received Oct 2022089-510 89-4444-3090 90,000 $ 600 Transit 089-603 New 1,700,000 $ 1,138,772 $ $1,049,977.50 bus P.O. $88,794.38 charger P.O. 089-602 New 494,000 $
Transfer to CIP fund 089: 20,346,971 $ 4,419,897 $
Completed/Cancelled
General Plan UpdatePublic Facilities Master Plan (w/ parks & library)American Legion wood repairBuilding improvements (PD Electrical, misc)City Hall Upgrades (roof & assoc. building repairs)CDBG (Central Park)11th st multimodal path designStreet Rehabilitation FY 22/23Sidewalk repairsLa Guardia SidewalkElevated Tank Repairs/Evaluate Antenna RevenueAdvanced Metering Infrastructure Phase 1SCADA ImprovementsWest Main WaterlineBonita Tank DemolitionEffluent Irrigation Pump Station RehabilitationHwy 1 Lift StationAIPS vaultEV Bus and chargingAmtrak Train Station Rehab (design)

PROJECT DESCRIPTIONS
Financial Accounting Software
City of Guadalupe
Capital Improvement Projects Budget - Fiscal Year 22-23 Storm Drain Improvements
CITY ADMINISTRATOR’S REPORT
December 13, 2022
(Information below may be subject to change)

1. Le Roy Park – Boys & Girls Club (B&GC)
The following is an update about the Le Roy Park Community Center. a. Alarm System is being installed. The B&GC will need to know who needs access to the facility so that we can add them to the security alarm system. The City will need to provide them with a 4 digit code this code will be unique to us. b. The B&GC will be adding Safety bullet proof tinting film to all the glass for added security when the kids are at the club site. It is just like a regular tint just has a safety quality that makes it extra hard to break through the window for entry. c. In the next coming weeks, the B&GC will be adding surveillance to the facility as well.

They would like to see if we can work with our new cameras,so they are on everyone’s network, as well.
d. B&GC will be adding the Utilities to their company name so they can pay those fees.

B&GC would like to see if we can get a cost analysis of what the city is spying right now for water and electricity as they park, and the facility are on the same meters for both electricity & Water.

2. General Plan Update Follow Up
According to the Planning Director, Larry Appel, it felt good the day after he wake up to know that the adoption of the General Plan is over. That was a huge project and in a regular-sized planning department, there would have been a whole team or division working on it.

Larry is glad that he could work on it and keep up with the other projects. Larry is currently preparing the amendments from the November 22nd CC meeting that will be sent to EMC Planning Group (Michael Groves). Then, Larry will start reviewing the clean drafts that Michael prepared. After that, Larry will start organizing the 42 follow up programs with emphasis on the consistency rezone. That is going to take some work from the office as Larry will need to identify all individual parcels that need to be rezoned. He also needs to issue the zoning clearance for Escalante Meadows. Busy times!

3. Cycle 6 Housing Element “Kick Off”
On Tuesday, November 29, 2022, the Contract Planning Director, Cal Poly Professor Nuworsoo, and the City Administrator held a "Kick-off" meeting at the first task in the Scope of Work for the Cycle 6 Housing Element. City staff and the Professor are quickly moving Agenda Item No. 13
forward as the community and City Council will see actions and milestone in the coming months.

Staff has already started conversation with groups about the housing element as we are in communication of a group who is interested in providing housing for indigenous people of California in Guadalupe…..more to come on this too.

4. City Council Training
There will be new City Council seated at the Dias (as there will be two new members) and Councilmember Robles would benefit greatly on having a special council training, as he is fairly new. It will be a great refresher for those seasoned elected officials, as well. It won’t be too expensive and within budget. The City Administrator asked legal to provide a legal binder for the new city council members. It was suggested that Wendy Stockton provide a training that touches on the world of legal issues councilmembers encounter.

Wendy is a great teacher and would do a fantastic job, so the City Administrator authorized this training for the City Council (time to be determined).

The plan is to have Wendy provide the 2-hour mandatory AB1234 training for the Council and Recreation and Parks Commission members.

5. Senior Center Building Use
On December 6, the Mayor, City Administrator, Public Safety Director and Recreation and Parks Manager met to discuss matters pertaining to the Senior Center use (COVID 2&3) with (Los Amigos de Guadalupe (LADG) and the city. These are city grant funded programs and LADG is requesting the use of the entire building. The city feels that we cannot forget about other activities and the building should remain available for senior and community use and not restricted to programs and activities planned by LADG. A new Senior Center Advisory Committee is being formed.

6. Interim Finance Director
Former Guadalupe Interim City Administrator Mr. Robert (Bob) Perrault will be filling in as Interim Finance Director (started on Monday, December 5). Bob will work 20-30 hours/five days per week. Bob has over 30 years of local government experience, primarily as a city manager. He will work on our behalf until we find a replacement.

The Finance Director, Lorena Zarate, will be working side-by-side with Bob until her last day on December 20th.

City staff is already interested in setting up a preliminary interview with a possible Finance Director candidate for a permanent position.

Let me know if you have any questions.

7. Cannabis Program
On November 29, 2022, a cannabis HdL representative, contract city planner, city attorney and city administrator held a meeting to discuss next steps for the cannabis program. The city attorney and city administrator are creating an initial draft of a staff report, and request HdL to fill in the blanks (process, timelines, eligibility list, community benefit agreements and cost recovery fee analysis, etc.)?
City staff are reviewing medical cannabis dispensary application policy or amended ordinances that may include an expiration policy, and extensions. Research is being done on actual pending/ineligible list and the document includes rankings. It may include application rules/regulations, which include specific timeline(s) for each step in the process.

8. Proposition 1 Implementation Grant Program – Round 2 Cycle 1 Funding Award for Pioneer Lift Station
The Department of Water Resources (DWR) is pleased to announce Funding Award Recommendations for Round 2, Cycle 1 of the Proposition 1 Implementation Grant Program for the City of Guadalupe in the amount of $989,665 for the construction of the Pioneer Lift Station.

Staff Report Ord. No. 2022-506 Page 1 of 4 December 13, 2022 Agenda Item No. 15

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of December 13, 2022
_________________________________ _____________________________ Prepared by: Approved by:

Larry Appel, Contract Planning Director Todd Bodem, City Administrator SUBJECT: Public Hearing to consider amendments to the Accessory Dwelling Unit (ADU) Ordinance (Chapter 18.53).

EXECUTIVE SUMMARY:

In 2018 and 2019, staff updated the accessory dwelling unit (ADU) chapter of the Guadalupe Municipal Code (Chapter 18.53). Since that time there have been further amendments to the State regulations requiring additional revisions to the City’s local ordinance. Also, during the last update, there was direction from City Council to relax the regulations regarding the owneroccupied provision of the ADU ordinance. In September this year, the Governor signed two bills (SB 897 and AB 2221) which further reduce the ability of a local agency to regulate ADUs and Junior ADUs. The attached Ordinance No. 2022-506 has incorporated the necessary amendments from the two recent bills as well as clean up some other minor changes that have been codified in the past two years in the California Government Code.

RECOMMENDATION:

It is recommended that the City Council:
1) Receive a presentation from staff; and
2) Conduct a public hearing and a) approve a Notice of Exemption from CEQA for Ordinance No. 2022-506; and 2) introduce by title only and waive the first reading of Ordinance No. 2022-506 amending Chapter 18.53 of the Municipal Code; and 3) Continue Ordinance No. 2022-506 to January 10, 2023 for second reading and adoption.

BACKGROUND:

The state continues to pass bills that reduce local agency’s ability to regulate the proliferation of ADUs and JADUs. Staff has amended the local ordinance three times in the last five years. This current amendment relaxes height and setback requirements along with a few other changes which will be discussed below. Over 48 ADUs have been approved in Guadalupe since January 2019.

Staff Report Ord. No. 2022-506 Page 2 of 4 December 13, 2022 DISCUSSION:

There are a number of amendments necessary to bring the local ordinance into full compliance with the state which are discussed below:

Height - The state is trying to increase the height of attached and detached units. The Guadalupe Municipal Code limits heights to 16 feet. The amended ordinance would allow ADUs on single family lots to be raised to 18 feet, if the property is within ½ mile of a “major transit stop or high quality transit corridor.” (§18.53.050.E) It also allows for an additional two feet if it is necessary to match the pitch on the primary dwelling. When the ADU is located on property zoned for multifamily and there are existing or proposed multiunit two-story buildings, then the ADU can have a height of 18 feet without the transit stop provision. Also, an attached ADU may be allowed a height of 25 feet or the maximum height of that zone district, whichever is lower. The state regulations go on to say that in no case shall the ADU contain more than two stories.

A “major transit stop or high quality transit corridor” is not the same thing as “public transit” as defined in Government Code section 65852.2 (which is the section that limits the extent local jurisdictions may regulate ADUs). Section 65852.2 defines “public transit” as “a location, including, but not limited to, a bus stop or train station where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.” (This definition was incorporated in GMC § 18.53.030). Under state law and the GMC, when an ADU is located within ½ mile of “public transit,” the City may not require any parking standards for the ADU. The definitions of a “major transit stop” and a “high quality transit corridor” are different. A “major transit stop” is defined in Public Resources Code section 21064.3 as: “a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.” A “high quality transit corridor” is defined by Public Resources Code section 21155 as a “corridor with fixed route bus service intervals no longer than 15 minutes during peak commute hours.” Although any ADU within ½ mile of “public transit” (which would include any bus stop located in the City) is not required to meet the City’s parking standards, the only way for an ADU to exceed the City’s 16 feet height limitation would be if the ADU islocated within ½ mile of a “major transit stop” or a “high quality transit corridor” (or when the ADU is located on property zoned for multifamily and there is an existing or proposed multiunit two-story building, in which case the height of the ADU may be 18 feet regardless where it is located). The Guadalupe Flyer’s intervals exceed 15 minutes during the peak commute periods, and therefore, there are no “major transit stops” or “high quality transit corridors” in the City. Therefore, staff does not believe that local developers will be able to increase the height of detached ADUs within the city under the newly adopted statutes (except on lots zoned for multifamily with existing or proposed two-story buildings).

Definitions – The state required the addition of two new definitions, Objective Standards and Permitting Agency. Staff added one more, Complete Application. This was done because of new requirements for reporting back to an applicant when an application is not complete for Staff Report Ord. No. 2022-506 Page 3 of 4 December 13, 2022 processing. This new definition will distinguish the difference between 1) an application submittal being complete, and 2) reviewing the application to determine Application Completeness. Staff didn’t want to have any misunderstanding of the term. (§18.53.030) Owner-occupied units – The new regulations have extended the provision that an owner not be required to live on the property (unless a junior ADU is present). The extension runs until January 1, 2025. (§18.53.050.B.2.a.ii)
ADUs in Multifamily buildings – This section was added in previous years but it was not included in the GMC (although it was applied when necessary) and is now being added to the GMC. It clarifies that in a multifamily building, an ADU can be developed within areas that are not used as habitable space. This includes storage rooms, boiler rooms, passageways, attics, basements, or garages, if the unit can comply with building standards for dwellings. (§18.53.050.C.3) JADU shared restroom – The state has now decided that if a JADU shares a restroom within the existing single family home, that the renter of the JADU shall have access to the restroom through the home as well as having a private access into the rest of the JADU space. (§18.53.050.C.12) Encroachment into front yard setbacks – In the past, the state has required development of attached and detached ADUs to be generally in the rear and side yards of residential property.

One year the state reduced rear and side yard setbacks to only four feet. With these new bills, the state is now allowing an ADU to extend along a side yard and into the 20-foot front yard setback in order to develop an 800 square foot unit. This has the potential to significantly impact the visual quality of some properties with major development in the front yard of homes within the city. (§18.53.050.F.1.a)
Parking exemptions – Another change from the last update included a provision to waive parking requirements if there is a car share vehicle located within one block of the ADU. (§18.53.050.G.5.d) Staff does not believe a program like this exists at this time in Guadalupe.

Ordinance development costs – The state is allowing the city to charge ADU applicants an additional fee to cover administrative costs of updating Chapter 18.53. Five years ago when staff processed ADUs under the ordinance prepared in 2017, they were processed as Minor or Major Design Reviews depending on their size. Under that provision, they were approved by Council and the fees were sufficient to cover the time for staff to process. In one of the previous state amendments to this section, they removed the ability for a city to charge the actual cost for processing and instead locked the review fees to a fixed fee equivalent to the processing of a single family home. Staff has found over time that ADUs are generally more complicated than a single family home, so much of the processing costs must come from the general fund and not the private applicant who benefits from the ADU. This new provision to collect fees is something that Council should consider to help minimize the use of general funds for staff processing. (§18.53.060.A)
Written comments required when permit application is defective – This is a long title for just saying that the city is required to provide detailed comments that will allow an application to be resubmitted and found to be deemed Complete for processing. While this is a new requirement, Staff Report Ord. No. 2022-506 Page 4 of 4 December 13, 2022 the city has been doing this for years. (§18.53.060.C)
Certificate of occupancy (COO) – This change requires that a COO first be issued for a single or multifamily residence before a COO can be issued for the ADU or ADUs. (§18.53.060.F) Nonconforming conditions – Existing law already provided that a ministerial permit could not be issued for an ADU on a parcel with nonconforming zoning conditions. The new law added that such a permit could not be denied on the basis of building code violations or unpermitted structures elsewhere on the property that did not present a threat to public health or safety and not affected by the construction of the ADU. ((§18.53.080) The state has a provision that states that if the local agency has not adopted a revised ordinance and submitted to HCD by January 1, 2023, that HCD has the ability to deem the local agency’s ordinance null and void. Staff contacted HCD and explained that with only one hearing in December that we couldn’t have our second reading and adoption until January 10, 2023. They quickly replied that we will not lose control of our local ADU ordinance and that our timing is fine. (Gov’t Code § 65852.2.h.1)
FISCAL IMPACT:

Minor reduction in revenues due to the state’s ordinance preventing a local agency from assessing discretionary processing fees and the collection of connection fees for utilitiesfor units under 750 square feet. Reimbursement of planning costs is discussed above in this report.

ENVIRONMENTAL REVIEW:

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 Section 15306 of the CEQA Guidelines (information collection) because it does not have the potential to create a physical environmental effect.

PUBLIC NOTICE:

Staff posted notice of this public hearing in three locations within the City, the announcement of the proposed amendment of Chapter 18.53.

ATTACHMENTS:

1. Ordinance No. 2022-506 with amended (highlighted) text

2. CEQA Categorical Exemption (§ 15306)
Ordinance No. 2022-506 Page 1
ORDINANCE NO. 2022-506

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA, AMENDING SECTIONS OF CHAPTER 18.53 OF THE CITY OF GUADALUPE MUNICIPAL CODE REGARDING

ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS The City Council of the City of Guadalupe, State of California, does ordain as follows:

WHEREAS, the State Planning and Zoning Law authorizes the legislative body of a city or county to regulate, among other things, the intensity of land use, and also authorizes a local agency to provide by ordinance for the creation of accessory dwelling units in single-family and multi-family residential zones, as specified. That law makes findings and declarations with respect to the value of accessory dwelling units to California’s housing supply; and WHEREAS, California faces a severe housing crisis and accessory dwelling units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods; and WHEREAS, accessory dwelling units offer lower cost housing to meet the needs of existing and future residents within existing neighborhoods, while respecting architectural character; and WHEREAS, Government Code Section 65852.2 (a)(1)(D)(xi)(4) states that a local agency’s ordinance, if not in compliance with the State’s provisions shall be deemed null and void; and WHEREAS, the state recently enacted legislation for Accessory Dwelling Units and Junior Accessory Units primarily through AB 2221 and SB 897, and were signed into law by the Governor in September 2022; and
WHEREAS, the new statutes go into effect on January 1, 2023; and WHEREAS, public notice pursuant to Government Code section 65090 was given on or before December 13, 2022, and a public hearing on the item was opened at the City Council meeting on December 13, 2022, which hearing was continued to the Council meeting of January 10, 2023.

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

SECTION 1. Section 18.53.030 of Chapter 18.53 of the Guadalupe Municipal Code is hereby amended to read as follows:

ATTACHMENT 1
Ordinance No. 2022-506 Page 2

18.53.030 Definitions.

An “accessory dwelling unit, (ADU)” is an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence or multifamily unit. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit also includes the following:

1. An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.

2. A manufactured home, as defined in Section 18007 of the Health and Safety Code.

3. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot.

4. “Complete application” means a set of plans, application and support materials submitted to the local agency, where after review of the materials, the agency determines there is sufficient information to proceed with the analysis and processing of the application.

5. “Existing structure,” for the purposes of defining an allowable space that can be converted to an accessory dwelling unit means, within the 4 walls and roofline of any structure that can be made safely habitable under local building codes at the determination of the Building Official.

6. “High quality transit corridor” means a corridor with fixed route bus service intervals no longer than 15 minutes during peak commute hours.

7. “Junior ADU” means a unit which is no more than 500 square feet, typically developed from a bedroom(s) in a single-family home with an exterior entrance, including cooking facilities with appliances, food prep counter and storage cabinets that are of reasonable size in relation to size of the JADU, and may share bathroom facilities with no additional parking required.

8. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

9. “Local agency” means a city, county, or city and county, whether general law or chartered.

10. “Major transit stop” means a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

11. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with to current zoning standards.

12. “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.

13. “Passageway” is a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

14. “Permitting agency” means any entity that is involved in the review of a permit for an accessory dwelling unit or junior accessory dwelling unit and for which there is no substitute, including, but not limited to, applicable planning departments, building departments, utilities, and special districts.

15. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

16. “Public transit” means a location, including, but not limited to, a bus stop or train station where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

Ordinance No. 2022-506 Page 3

17. “Tandem parking” means that 2 or more vehicles are parked on a driveway or in any other location on a lot, lined up behind one another.

SECTION 2. Section 18.53.040 of Chapter 18.53 of the Guadalupe Municipal Code is hereby amended to read as follows:

18.53.040 Application requirements.

A. Application. Requests for an accessory dwelling unit shall be submitted on an application form provided by the Planning Department and shall contain the following information:

1. Plot Plan (Drawn to Scale). Provide dimensions of the perimeter of parcel on which the accessory dwelling unit will be located. Indicate the location and dimensioned setbacks of all existing and proposed structures on the project site and structures located within 50 feet of the project site. All easements, building envelopes, and special requirements of the subdivision as shown on the final map and improvement plans shall be included.

2. Floor Plans. Each room shall be dimensioned and the resulting floor area calculation included. The use of each room shall be identified. The size and location of all windows and doors shall be clearly depicted.

3. Elevation Views. Provide north, south, east and west elevations which show all openings, exterior finishes, original and finish grades, stepped footing outline, roof pitch, materials and color board for the existing residence and the proposed accessory dwelling unit.

4. Cross Section. Provide building cross sections, including, but not limited to: structural wall elements, roof, foundation, fireplace and any other sections necessary to illustrate earth-to-wood clearances and floor to ceiling heights.

5. Fees. The fee for review shall be as set forth in the currently adopted fee resolution and shall not exceed the fixed processing fee established by the City Council for a new single-family dwelling.

6. Copies. One original and 5 two copies of the application package shall be submitted for each ADU request.

SECTION 3. Section 18.53.050 of Chapter 18.53 of the Guadalupe Municipal Code is hereby amended to read as follows:

18.53.050 Design and development standards.

A. Accessory Dwelling Units Within within Existing Space. An ADU within an existing structure (e.g., the primary dwelling unit, attached or detached garage or other accessory structure) shall be permitted ministerially with a zoning clearance and building permit if it:

1. Complies with building and safety codes;

2. Provides independent exterior access from the existing residence;

3. Provides sufficient side and rear setbacks for fire safety.

B. Accessory Dwelling Units (Attached and Detached).

1. General.
a. Sale of Unit. The ADU may not be sold separate from the primary dwelling unit unless specific requirements are met through Government Code Section 65852.26. A JADU may not be sold separately. All conditions of the permit, restrictive covenants, and other contractual agreements with the City apply to the property.
b. Rental of Unit. Rental of the accessory dwelling unit is allowed for 30 days or longer, and separate Ordinance No. 2022-506 Page 4
from rental of the primary residence. For an accessory dwelling unit to be rented for a period of less than 30 days, the owner shall be required to comply with the provisions of Chapter 18.55 (Short Term Rentals).

2. Covenant Agreement. A covenant agreement is required prior to issuance of a building permit. The covenant agreement shall state that:
a. The ADU may be conveyed separately from the primary dwelling provided the property is constructed and owned by a qualified 501(c)(3) nonprofit corporation per Government Code Section 65852.26.
i. The existing primary or detached structure is restricted to the approved size and shall not include an expansion of a single-family dwelling or accessory structure by more than 150 square feet, unless for the purpose of ingress and egress.
ii. The use of the accessory dwelling unit shall be in effect only so long as the property is in compliance with the provisions of this chapter. The owner is required to reside on the property if the primary home contains a JADU, but is not required to reside on the property with an attached or detached ADU, per state regulations. The “no owner-occupied” provision for attached and detached ADUs runs from January 1, 2020 through January 1, 2025.
iii. The above declarations are binding upon any successor in ownership of the property; lack of compliance shall be cause for zoning enforcement.
iv. The covenant agreement shall terminate upon removal or conversion of the accessory dwelling unit to another permitted use.
v. The covenant agreement shall be recorded by the County Recorder for the County of Santa Barbara at the expense of the property owner with the original recorded document delivered to the City prior to issuance of the Building Permit.

C. Zoning District. Accessory dwelling units are only allowed on lots that allow single-family homes and multifamily uses where an existing legal single-family dwelling or multifamily use exists or is proposed.

1. Number of Accessory Dwelling Units. Only one ADU and one JADU shall be allowed for each single-family dwelling lot. On property containing multifamily units, up to 2 detached ADUs are permitted, not exceeding a 16-foot height limit with a minimum 4-foot side and rear yard setback. Additional interior ADUs or JADUs are permitted, up to 25% of the total number of multifamily units.

2. Unit Types. The ADU may be within the living area of the existing dwelling, attached to the existing dwelling, or detached from the existing dwelling and shall be located on the same lot as the existing dwelling. Junior ADUs shall be required to be constructed within a new or existing single-family dwelling.

Junior ADUs are not permitted in multifamily units or in detached structures. Garage conversions when attached to the single-family unit may be considered as habitable space for a JADU.

3. ADUs in multifamily buildings. Multiple accessory dwelling units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.

34.Building Codes. Local building code requirements apply to attached and detached ADUs and attached JADUs, as appropriate.

45. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

56. Fire Sprinklers. Fire sprinklers are not required unless the existing residence is equipped with fire sprinklers, or unless the Fire Marshall determines that due to special circumstances sprinklers are necessary for life and safety. Fire sprinklers may be considered as mitigation for sub-standard Fire Department access or water supply.

Ordinance No. 2022-506 Page 5

67. Utility Meters. An accessory dwelling unit shall not be considered a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling or multifamily use.

When constructed at the same time as the primary single-family residence, the new attached and detached accessory dwelling unit’s connection fee and/or capacity charge must be proportionate to the burden of the unit on the water or sewer system based on the size or the number of plumbing fixtures.

78. Growth Mitigation Fees: A development or impact fee shall not be imposed upon the development of an ADU less than 750 square feet. Any impact fees charged for an ADU of 750 square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

89. Access. Two-story detached accessory dwelling units shall limit the major access to stairs, decks, entry doors, and windows to the interior of the lot or an alley, and comply with all development standards.

Only one curb cut shall be permitted per parcel and no additional driveways or access points shall be created to accommodate the accessory or main dwelling unit.
910. Openings. If located outside the standard side and rear yard setbacks for the district, windows which face an adjoining residential property shall be designed to protect the privacy of neighbors; alternatively, fencing or landscaping shall be required to provide screening. 1011. Private Open Space. The main dwelling unit and the additional dwelling unit shall each be provided with a minimum of 15 feet by 15 feet of usable private open yard area.

12. JADU access. If a JADU shares a restroom within the single-family home, the resident shall be entitled to bathroom access from the main house as well as secondary access exclusively for the JADU. 1113. Home Occupations. Home occupations are permitted within an accessory dwelling unit or primary dwelling unit, or both.

D. Building site.

1. Lot Size. There are no lot size requirements.

2. Unit size.
a. Floor Area. The floor area of an attached accessory dwelling unit shall not exceed 50% of the existing primary dwelling unit’s living area.
b. Notwithstanding subsection (D)(2)(a), no ADU shall be larger than 1,200 square feet. c. Minimum Size. The minimum total square footage of the accessory dwelling unit shall be 110 square feet.

3. Site Planning. Accessory dwelling units should be located behind or above the existing dwelling on the site, whenever possible. Designs that significantly alter the street appearance of the existing residence shall be discouraged.

E. Height. A detached accessory dwelling unit shall not exceed a height of 16 feet, unless the property is within ½ mile walking distance from a major transit stop or high-quality transit corridor whereby the height may increase to 18 feet. In such a case, the City shall also allow an additional two feet in height (to 20 feet) to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. An attached accessory dwelling unit may occupy any level of the primary dwelling unit if it is designed as an integral part of the primary dwelling unit and a separate ingress and egress is provided. A height of 25 feet or the height limitation in the local zoning ordinance shall apply to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling. Notwithstanding the foregoing, a height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling shall be allowed. This clause shall not require the City to allow an accessory dwelling unit to exceed two stories.

Ordinance No. 2022-506 Page 6
F. Setbacks.

1. Setbacks. No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit, and a setback of no more than 4 feet from the side and rear lot lines shall be required for an ADU that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure. a. Detached ADU. The side yard and rear yard setbacks for construction of detached single-story structures containing an accessory dwelling unit shall not be less than 4 feet, and may encroach into the front yard setback in order to develop up to an 800 square foot detached ADU. b. Attached ADU. Attached accessory dwelling units that increase the square footage of the existing single-family dwelling shall meet the same setbacks as the primary dwelling unit in the zoning district.

2. Space Between between Buildings. The space required between buildings shall be what is required in the underlying zoning district.

G. Parking.

1. Parking requirements for accessory dwelling units shall not exceed one parking space per unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.

2. Off-street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions.

3. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, the offstreet parking spaces shall not be replaced.

4. Parking requirements for an accessory dwelling unit are in addition to the required parking for the primary dwelling unit except for subsection (G)(3). Covered parking is not required.

5. ADU parking is not required in the following instances:
a. The accessory dwelling unit is located within a one-half mile walking distance of public transit. b. The accessory dwelling unit is located within any Historic Overlay District that may be in existence at the time a zoning clearance or building permit for an ADU is requested. c. The accessory dwelling unit is part of the existing single-family residence, or an existing accessory structure (except as provided in subsection (G)(3)).
d. There is a car share vehicle located within one block of the accessory dwelling unit.

5. Covered Parking Design. Any newly constructed optional covered parking shall conform to architectural and aesthetic standards of the underlying zone.

H. Architectural and Aesthetic Standards and Compatibility. The accessory dwelling unit’s scale, appearance, and character shall be similar to and compatible in design with the primary dwelling unit (e.g., compatible exterior wall materials, window types, door and window trims, roofing materials and roof pitch).

Additionally, it shall be visually subordinate to the primary single-family dwelling or multifamily use on the parcel. The exterior entry to the ADU shall clearly appear as a secondary entry when compared to the entry for the primary single-family dwelling or multifamily use.

I. Outside Stairways. Any stairways leading to a second story ADU shall not be in the front of the primary single-family dwelling, or in an exterior side yard if visible from the public right-of-way. Access to a first story unit or ADA accessible ramp may be permitted in the front of the primary dwelling.

SECTION 4. Section 18.53.060 of Chapter 18.53 of the Guadalupe Municipal Code is hereby amended to read as follows:

Ordinance No. 2022-506 Page 7

18.53.060 Permit requirements.

A. Accessory dwelling units (ADUs) and JADUs shall be permitted ministerially through the zoning clearance and building permit process. The City shall act on the application to create an ADU or a JADU within 60 days from the date the City receives a completed application if there is an existing single-family or multifamily unit on the lot. If the permit application to create an ADU or JADU is submitted with a permit application to create a new single-family dwelling on the lot, the permitting agency may delay acting on the permit application for the ADU or JADU until the permitting agency acts on the permit application to create the new single-family dwelling or multifamily unit, but the application to create the ADU or JADU shall be considered without discretionary review or hearing. If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay, in compliance with this chapter within 60 days of the filing of a complete application. The applicant shall be informed within 30 days after submission of an application if the application is complete. The Planning Director or designee shall issue zoning clearance to establish an ADU and/or JADU in compliance with this chapter if all applicable requirements in this chapter are met, as appropriate. An application for building permit may be submitted at any time during the processing of the ADU application, but under no circumstances shall it be issued prior to zoning clearance approval. The local agency may charge ADU applicants an additional fee to cover administrative costs of updating Chapter 18.53 from time to time. This fee shall be set by a City Council resolution.

B. Planning Director. Requests for an ADU or JADU shall be reviewed by the Planning Director or designee.

C. If a permitting agency denies an application for an ADU or JADU, the permitting agency shall, within the time period described in Section 18.53.060, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the applicant can be remedied by the applicant.

CD. Other Review Authority. Requests for an ADU or JADU submitted for concurrent review with a discretionary land use application shall continue to be reviewed by the Director or designee and approved subsequent to the discretionary action.

E. Certificate of Occupancy. The City shall not issue a certificate of occupancy for an accessory dwelling unit before the City issues a certificate of occupancy for the primary dwelling.

SECTION 5. Section 18.53.080 of Chapter 18.53 of the Guadalupe Municipal Code is hereby amended to read as follows:

18.53.080 Existing nonconforming ADUs
The City shall not require, as a condition for ministerial approval of a permit application for the creation of an ADU or a JADU, the correction of nonconforming zoning conditions, building code violations, or unpermitted structures elsewhere on the lot that do not present a threat to public health and safety and are not affected by the construction of the ADU.

Ordinance No. 2022-506 Page 8
SECTION 6. 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 CEQA Guidelines (Information Collection) because it does not have the potential to create a physical environmental effect.

SECTION 7. The City Council declares that each section, subsection, paragraph, subparagraph, sentence, clause, and phrase of this Ordinance is severable and independent of every other section, subsection, paragraph, subparagraph, sentence, clause, and phrase of this Ordinance. If any section, subsection, paragraph, subparagraph, sentence, clause, or phrase of this Ordinance is held invalid, the City Council declares it would have adopted the remaining provisions of this Ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this Ordinance should remain in effect after the invalid portion has been eliminated.

SECTION 8. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.

INTRODUCED at a regular meeting of the City Council on the 13thday of December 2022, by the following roll call vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Amelia M. Villegas, City Clerk
________________________
Ariston Julian, Mayor
Ordinance No. 2022-506 Page 9
APPROVED AS TO FORM:
________________________________
Philip F. Sinco, City Attorney
Notice of Exemption Exhibit 1
To: County Clerk From: City of Guadalupe
County of Santa Barbara 819 Obispo Street
123 E. Anapamu Street Guadalupe, CA 93434
Santa Barbara, CA 93101
Project Title: Guadalupe Municipal Code Update – Chapter 18.53 Project Applicant: City of Guadalupe
Project Location-Specific: Citywide
Project Location-City: Guadalupe Project Location-County: Santa Barbara County Description of Nature, Purpose, and Beneficiaries of Project:

Amendments to Guadalupe Municipal Code Chapter 18.53 to bring the code into compliance with recently signed legislation (AB 2221 and SB 897). The bills and ordinance amendments will make it easier for property owners in the city to develop ADUs and JADUs.

Name of Public Agency Approving Project: Guadalupe City Council Name of Person or Agency Carrying Out Project: Larry Appel, Guadalupe Planning Department Exempt Status: (check one)
__Ministerial (Sec. 15268);
__ Declared Emergency (Sec. 15269(a));
__ Emergency Project (Sec. 15269(b)(c));
XX Categorical Exemption. State type and section number: Class 6 (15306) for data gathering __ General Exemption (Section 15061(b)(3))
Reasons why project is exempt:

Review, approval and construction of ADUs is similar to construction of single family homes. The city has sufficient capacity with water and wastewater such that development of ADUs would not impact the city.

These types of development are not subject to CEQA as 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: Lawrence W. Appel (Area Code) Phone Number/Ext: (805) 598-8385 Signature: _______ Title: Contract Planning Director
Date received for filing at County Clerk’s Office: ________________ (Form prepared March 2018)
ATTACHMENT 2

Agenda Item No. 16

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of December 13, 2022

_______________________________ _________________________________ Prepared by: Approved by:

Bill Scott, Contract City Planner Todd Bodem, City Administrator SUBJECT: Public Hearing to consider a Notice of Exemption under CEQA, Design Review (2022-056- DR), and Conditional Use Permit (2022-66-CUP) to allow the 849 Pioneer Street Apartments, an eight-unit apartment project on a 0.28-acre property in the G-C (General Commercial) zoning district at 849 Pioneer Street (APN 115-091-008).

EXECUTIVE SUMMARY:

Mr. C.J. Horstman, applicant/designer MW Architects, on behalf of Mr. and Mrs. Todd and Keri Edwards, project developers, is requesting City Council approval of a design review (DR) permit, a conditional use permit, and a CEQA Notice of Exemption, to allow an eight-unit apartment complex on a 0.28-acre property, located on the west side of Pioneer Street 420 feet south of Ninth Street (849 Pioneer Street).

Municipal Code Section 18.36.030(A) requires conditional use permit approval for residential developments that are not above a ground-level commercial use in the G-C (General Commercial) zoning district. Furthermore, Municipal Code 18.73.010(B)(6) requires a design review for all multi-family developments exceeding three dwelling units. A Class 32 Notice of Exemption was prepared for the project in accordance with California Environmental Quality Act (CEQA) Guidelines.

RECOMMENDATION:

It is recommended that the City Council:
1) Receive a presentation from staff;
2) Conduct a public hearing, including: a) an opportunity for the applicant to present the proposed project, and b) receive any comments from the public; and 3) Adopt Resolution No. 2022-108 approving Design Review 2022-056-DR, Conditional Use Permit 2022-066-CUP and a CEQA Notice of Exemption for the 849 Pioneer Street Apartment project.

BACKGROUND:

Current Land Use and Zoning Designations
On November 22, 2022, the Guadalupe City Council adopted the 2042 General Plan update. The General Plan update redesignated the subject property and its immediate vicinity to the High Density Residential (21-30-du/ac) land use designation. As a next step, a zoning ordinance and zoning map update will be undertaken to bring the zoning on the properties in the area into alignment with the newly applied highdensity residential General Plan land use designation. Although the proposed 849 Pioneer Street apartment project is tailored to fit the newly applied high-density residential General Plan designation, at this time the zoning on the property is still G-C (General Commercial). Thus, the project has been Bill Scott

reviewed under the current General Commercial zoning. When multi-family projects are proposed on properties in the G-C (General Commercial) zoning district, those multi-family projects are analyzed by the development standards of the R-3 (High Density Residential) zoning district.

Site and Surroundings:

As noted, the project site is on the northwesterly edge of the City on the west side of Pioneer Street, 420 feet south of Ninth Stret (Attachment 2 – Aerial Site Map). The property is currently occupied by a singlefamily residence and a detached garage that will be removed to accommodate the current project. The property is bounded by lands in unincorporated Santa Barbara County on the northwesterly and southwesterly sides. Additionally, a narrow (20-foot wide) strip of unincorporated County land is adjacent on the northeasterly side of the project site. That strip of land appears to have been established to provide an alternative access route to the larger agricultural properties to the west. Across, Pioneer Street to the east are properties in the City developed with various residential uses and/or lands designated for high density residential uses. The City’s Downtown Core is less than 400-feet beyond Pioneer Street to the east.

Project Description:

As noted above, the project proposes a total of eight apartment units on the 0.28-acre lot. The development site is a rectangular 80-foot wide by 150-foot-deep parcel. The narrower 80-foot-wide side of the parcel abuts Pioneer Street on the east side. The plans depict a driveway extending from Pioneer Street through the center of the property. The driveway provides access to the 16 parking spaces located on both sides of the driveway (Site Plan - Attachment 3, Sheet DP2).

The eight apartment units will be contained in four buildings. Two apartment buildings are identified as Buildings “A” and “B.” Building “A” is placed on the north side of the driveway and Building “B” is placed on the south side of the driveway. Both Buildings “A” and “B” are similar in design, and each contains two apartments. The apartments are located on the upper floor with carports beneath on the ground level. At the westerly end of the property are Buildings “C” and “D.” The Buildings “C” and “D” are “stacked” two-story buildings having an apartment on the ground floor and a second-floor apartment is above. The design of the four buildings are shown in Attachment 3, Sheet DP5 and DP7.

Floor Plans:

As noted, Buildings “A” and “B” are identical, and each building contains two upper-level apartments with resident parking provided below. The apartments are separated by a central stairwell. One apartment is roughly 700 square-feet; and contains two-bedrooms, with one-full-bathroom, a living room, and a kitchen. The other is an 830 square-foot unit, with three-bedrooms, and two bathrooms (Floor Plans, Attachment 3- Sheet DP4).

In Buildings “C” and “D,” the first-floor apartments are approximately 775 square-feet in size and contain three-bedrooms, a living room, kitchen and one full bathroom. The second-floor units are approximately 750 square feet in size; and each contains two bedrooms, a living room, kitchen, and one full bathroom. (Attachment 3 – Sheet DP3). Each of the units in the complex is provided with either a private deck or a private yard.

A total of sixteen (16) parking spaces is provided. Twelve parking spaces are provided in the carports.

Four uncovered parking spaces are provided at the easterly (front) end of the project site. A new sixfoot masonry wall will be constructed along the northwesterly, northeasterly and southwesterly perimeters of the property. A Conceptual Landscape Planting Plan indicates 2,870-square-feet of landscape coverage will be provided, particularly around the site perimeters.

DISCUSSION
The primary issues associated with the project are: 1) conformance to applicable Municipal Code standards and 2) establishing a quality living environment for future residents.

Exterior Building Design:

The project designer calls the building architecture a “local traditional style.” As shown on the plans, the building exteriors have smooth trowel plaster siding painted a beige color and gable roofs covered with charcoal gray composite shingles. The balconies and decks are wood with metal stairways and railings.

Trim and railing colors are sage green. The window trim is white. The design of apartment project is considered to be appropriate for the site and is anticipated to provide a positive interface with the neighboring properties.

The buildings are a maximum of 23-feet- one-inch in height at the highest point. The building heights are well below the thirty-five foot maximum height allowed by the R-3 zoning district. Sheet DP-5 of Attachment 3 provides the Building Elevation Plans; and Sheet DP-7 provides conceptual perspective views of the apartment buildings.

Building Setbacks:

Building setbacks are measured from the property lines. The R-3 zone requires a minimum front setback of twenty (20) feet; a minimum side-yard setback of five (5) feet; and a minimum rear-yard setback of fifteen (15) feet. The project is providing a twenty-five (25) foot front-yard setback. Side-yard setbacks, on both the north and south sides of the buildings are five (5) feet; and a fifteen-foot setback is provided at the rear-yard area. Therefore, all required setbacks are met by the project.

Landscape/Open Space:

The Municipal Code specifies not less than 10% of a parcel shall be covered with dense landscaping.

According to the Architect’s calculations the project is providing approximately 2,870 square-feet; or twenty-four percent landscape coverage. Thus, the project exceeds the minimum Municipal Code landscape coverage standard. The landscape plan includes at leastseven large trees, many smaller trees, and a variety of shrubs, and ground cover is provided in the front and side-yards; and between the buildings. The variety and type of plantings is provided by the Conceptual Landscape Plan (Attachment 3 – Sheet L1). Based on the above, the project meets or exceeds the minimum Municipal Code standard for landscape coverage and for the provision of landscape planting materials.

Usable Private Open Space:

In determining required private yard areas for multi-family developments in the G-C (General Commercial) zone, the R-3 high density residential standards are applied. Municipal Code Section

18.52.100 requires a minimum of 100 square-feet of private open space for units having a ground-floor.

The only ground-level apartments in the complex are the two first-floor apartments in the westernmost

Buildings “C” and “D.” Each of those ground-floor units is provided a private yard having size dimensions of 15-feet by 40-feet (600 square-feet).

For upper-floor apartments, Municipal Code Section 18.52.110 specifies a usable private balcony or deck having a minimum of 50-square-feetshall be provided. Each of the above-garage apartments in Buildings “A” and “B” is provided with a deck that is just under 68-square-feet in size. For the westerly Buildings “C” and “D” each upper-floor unit is provided a 11.3-foot by 8-foot (90 square-foot) balcony. Thus, the Municipal Code standard for usable private open space is met or exceeded for each of the apartments.

Parking
Municipal Code Section 18.60.50(A)(2) specifies two (2) parking spaces for each apartment unit; one of which must be a covered space. As noted, the project is proposing a total of sixteen parking spaces for the eight units. Twelve of the parking spaces will be covered in the carports.

The four uncovered spaces are proposed to be located at the front of the project site and would partially extend into the front yard setback. In general, the preferred project design would visually place building presence, instead of vehicle parking accommodations, next to the public street. However, Municipal Code Section 16.16.040(E) recognizes residential parking, in or near a front-yard setback may be considered through the zoning clearance review process.

In this case, the zoning clearance evaluation has found the front-yard parking would to be satisfactory.

The project design establishes the four parking spaces to be perpendicular to the driveway. This alignment allows the parking to be substantially screened from view by a low (three-foot) perimeter wall. On the street-facing side of the 3-foot wall, a substantial landscape planting; including two large trees, some smaller trees and shrubbery plantings will be established (Attachment 3, Sheet L1). This will provide for landscaped area instead of vehicle parking as the primary view from Pioneer Street. Based on this design the front-yard parking is considered to be satisfactory.

Site Access
As noted in the project description discussion, access onto the site is provided by a two-way driveway.

The driveway extends from Pioneer Street through the center portion of site. For driveways providing two-way access, the Section 18.60.030(E) of the Municipal Code requires a minimum width of twenty (20) feet. Likewise, the Fire Department requires a minimum clear width of twenty feet to provide for emergency access.

With one exception, the driveway meets the twenty-foot minimum width standard. As shown on the site plan, there is one point where Building “A” encroaches slightly upon the driveway. At that point the building encroachment reduces the driveway width to 18-feet 2-inches. Therefore, the project has been conditioned to require the site plan to be modified to widen that portion of the driveway so that the 20- foot minimum is met. Staff believes there is ample space to make the adjustment and still meet both all required setbacks and the required driveway width.

The plan revision will be made to the site plan prepared for the subsequent zoning clearance prior to final building permit approval. Otherwise, the driveway meet all of the requisite standards; and provides for efficient vehicle back-out and turnaround within the project site. As conditioned the driveway design will ensure all applicable zoning and fire codes standards will be met.

Interface with Surroundings
As noted, active agricultural fields in unincorporated Santa Barbara County are immediately on the southwest and northwest sides of the project site. Additionally, a narrow strip of unincorporated land the County bounds the northeasterly side of the property. To provide a degree of protection from the neighboring agricultural activities, a six-foot high masonry wall will be constructed along the northwesterly and southwesterly project boundaries.

The 20-foot-wide strip along the northeasterly side of the project site is covered with field grasses. The strip is technically part of the larger parcel on the west used for agricultural purposes in unincorporated land in the County (Attachment 4). Staff is concerned that the adjoining strip of land will not be maintained in the future or the maintenance of the area will fall upon the City.

Currently, there is no fence or barrier separating the development property from the county strip. Thus, in the past, the adjoining strip appeared to have been mowed and maintained by the former occupants of the home. Once the home is removed and the apartment project is constructed, a wall will separate the apartment site from the strip of land on the northeast side; and maintenance of the strip is not the responsibility of the apartment developer. Therefore, future maintenance of the area is unsure. Given, the strip is not within the jurisdiction of the City, and the property is associated with an agricultural use, encouraging routine mowing and maintenance of the area would appear to be difficult. Otherwise, the new apartment project is anticipated to provide a highly compatible addition to the neighborhood.

Public Improvements:

A landscaped parkway (approximately 6-10 foot) will be dedicated as part of the Pioneer Street public right-of-way. The specific width of the parkway dedication will be determined by the City Engineer prior to final zoning clearance. The landscaped parkway will include street trees to be determined to the satisfaction of the City Engineer. The project will make any needed additions and/or repairs to the curb, gutter, and sidewalk along the project frontage. Furthermore, the project is conditioned to underground overhead utility lines in immediate proximity to the project.

GENERAL PLAN CONFORMANCE
The 849 Guadalupe Street Apartment project would provide direct support to the following General Plan Land Use Goals:

LU Goal 5: To develop vacant and underutilized land within existing urban and suburban areas with a mix of land uses to provide benefit to the community.

LU Goal 8: To Promote quality, attractive and self-sustaining residential development at all levels of affordability for all segments of the population.

CEQA REVIEW:

The project is exempt from further environmental review. The apartment project is on a small infill property less than five acres in size. The site is surrounded by urban development within the existing City Limits. Municipal services and facilities are in place; and the 0.28-acres is found to have no value for

protected wildlife. Therefore, the project has been found to be exempt from CEQA based on the Class 32 (Small Infill Projects) Categorical Exemption (CEQA Sec. 15332).

PUBLIC NOTICE:

Staff published the Public Hearing Notice in a newspaper of general circulation on December 2, 2022 and copies of the Public Hearing Notice were posted in three public places in the City as required by law.

Copies of the Public Hearing Notice were also mailed to property owners and occupants within a 300- foot radius of the subject property.

FISCAL IMPACTS:

Fiscal impacts are anticipated to be negligible. As noted, the project is an infill project located in an established neighborhood where City infrastructure and services are already provided. The project developer will install, and upgrade required utilities necessary to serve the project. The planning services provided by the City were mostly covered by fees charged to the applicant.

CONCLUSION:

As discussed above, the Pioneer Street eight-unit multi-family project meets the established Municipal Code standards. The multi-family development is compatible with surroundings and is anticipated to provide valuable housing opportunities in a short walkable distance to the goods, services, entertainment opportunities and transportation facilities available in the City’s Downtown.

ATTACHMENTS:

1. Resolution No. 2022-108, including CEQA Notice of Exemption (Exhibit 1), Approval Findings (Exhibit 2), and Conditions of Approval (Exhibit 3).

2. Aerial Vicinity Map

3. Project Plans

RESOLUTION NO. 2022-108

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

A NOTICE OF EXEMPTION (FROM CEQA), A CONDITIONAL USE PERMIT, AND A DESIGN REVIEW TO ALLOW AN EIGHT UNIT APARTMENT PROJECT ON A 0.28-ACRE PROPERTY AT 849 PIONEER STREET IN THE CITY OF GUADALUPE, APN 115-091-008 WHEREAS, Mr. C.J. Horstman (“Designer/Applicant”), representing Todd and Kari Edwards (“Property Owners/Developers”), has submitted an application to the City of Guadalupe for a design review permit (2022-056-DR); and a conditional use permit (2022-066-CUP) to allow the Pioneer Street Apartments, an eight unit apartment project on a 0.28-acre property in the G-C (General Commercial) zoning district; and
WHEREAS, Municipal Code Section 18.73.010(B)(6) specifies a design review is required for any multi-family development exceeding three dwelling units and Municipal Code Section

18.36.030(A) specifies a conditional use permit is required for any residential development not associated with a ground floor commercial use in the G-C (General Commercial) zone; and WHEREAS, the Project would support the City’s General Plan objectives by providing new housing on an underutilized infill property in walkable proximity to the City’s Downtown Business District; and
WHEREAS, the City Council held a duly-noticed public hearing on December 13, at which time all interested persons were given the opportunity to be heard; and WHEREAS, notice of said hearing was published in the Santa Maria Times at least 10 days prior to the public hearing and was mailed to all property owners within 300 feet of said property as well as posted in three public places in the City; and
WHEREAS, after taking public testimony and hearing evidence from City staff, the City Council finds, pursuant to the Notice of Exemption, Exhibit 1, Findings Exhibit 2 and subject to the project’s Conditions of Approval Exhibit 3, all attached to this resolution, that the approval of the Design Review and Conditional Use Permit, is consistent with the City’s General Plan, applicable Articles of the City’s Municipal Code, and including findings pursuant to the California Environmental Quality Act; and
WHEREAS, the City Council has considered the entire administrative record, including application materials, staff report, the California Environmental Quality Act Notice of Exemption, and oral and written testimony from interested persons.

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

ATTACHMENT 1

SECTION 1: The City Council hereby approves the Notice of Exemption (Exhibit 1), Design Review 2022-056-DR, and Conditional Use Permit 2022-066-CUP (with conditions) to allow construction of the 849 Pioneer Street Apartments, an eight unit apartment project on a 0.28-acre property located at 849 Pioneer Street, APN 115-091-008.

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

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

PASSED, APPROVED AND ADOPTED at a regular meeting on the 13th day of December 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. 2022-108, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held December 13, 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
Exhibits:

Exhibit 1 - CEQA Categorical Exemption
Exhibit 2 - Findings
Exhibit 3 - Conditions of Approval

Notice of Exemption Exhibit 1
To: County Clerk From: City of Guadalupe
County of Santa Barbara 918 Obispo Street
105 E. Anapamu Street, RM 407 Guadalupe, CA 93434
Santa Barbara, CA 93101
Project Title: 849 Pioneer Street Apartments
Project Applicant: Todd and Kari Edwards
Project Location-Specific: West side of Pioneer Street 420 feet south of 9th Street (849 Pioneer Street) Project Location-City: City of Guadalupe Project Location-County: Santa Barbara County Description of Nature, Purpose, and Beneficiaries of Project:

The project is a Design Review (DR) permit and a Conditional Use Permit (CUP) to allow development of an eight-unit apartment project contained in four two 2-story buildings; and associated parking, landscaping and supporting facilities on a 0.28-acre property in the G-C (General Commercial) zoning district. The project would support the City’s General Plan objectives to increase the City’s housing supply; and particularly by providing new housing opportunities in close proximity to the City’s Downtown Commercial Core. The project is anticipated to benefit its future residents by providing a quality living environment in close proximity to the goods, services, entertainment and transportation opportunities in the City’s Downtown.

Name of Public Agency Approving Project: Guadalupe City Council Name of Person or Agency Carrying Out Project: Mr. C.J. Horstman, Designer, MW Architects, on behalf of Todd and Kari Edwards property owners/developers.

Exempt Status: (check one)
__ Ministerial (Sec. 15268);
__ Declared Emergency (Sec. 15269(a));
__ Emergency Project (Sec. 15269(b)(c));
XX Categorical Exemption. Section 15332
__ General Exemption (Section 15061(b)(3))

Reasons why project is exempt:

The project consists of an eight-unit apartment complex on a 0.28-acre site in the G-C (General Commercial) Zoning District entirely within the City of Guadalupe.

The project is exempt in accordance with CEQA Class 15332 because:
a) The project is consistent with the current High Density Residential (21-30 DU/AC) General Plan land use designation.
b) The proposed development will occur on an infill site no more than five-acres in size (0.28-acre); and the property is wholly within the Guadalupe City limits. c) The project would redevelop and already developed property and the vicinity is typified by urban uses; and by similar multi-family residential uses to the north and to the east. d) There are no trees or vegetation present; and the property has no value as habitat for rare or endangered species.
e) Approval of the eight-unit apartment project would not result in significant effects related to traffic, noise, air quality, or water quality; and the infill site is adequately served by all required utilities and public services. The project location and design will encourage pedestrian activity and usage of other alternative transportation modes.

Based on the above, it can be seen with certainty that the proposed project could not have a significant effect on the environment.

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

EXHIBIT 2, FINDINGS FOR APPROVAL

DESIGN REVIEW AND CONDITIONAL USE PERMIT
849 PIONEER STREET EIGHT-UNIT APARTMENTS
2022-056-DR, 2022-066-CUP

1.0 CEQA Findings

1.1 CONSIDERATION OF THE CEQA EXEMPTION AND FULL DISCLOSURE The City Council has considered the Class 32 Categorical Exemption together with the comments received and considered during the public review process for the project. The Class 32 Exemption has been completed in compliance with CEQA and is adequate for this proposal.

1.2 FINDING OF NO SIGNIFICANT EFFECT
Based on 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 DESIGN REVIEW FINDINGS
Pursuant to City of Guadalupe Municipal Code, Section 18.73.100, a Design Review Permit shall be approved only if all the following findings can be made:

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

The project has been designed with full consideration for both the livability for future residents and compatibility with the neighborhood in which the project is located. The project is located on the westerly edge of an original portion of the City. Agricultural uses are on the southwest and northwest sides of the property. Otherwise, a variety of residential uses typify the area to the north and to the east. The City’s Downtown Core is

nearby beyond Pioneer Street to the east. The proposed site and building orientation, building setbacks and landscaping meet the established Municipal Code standards. At a maximum of twenty-three feet the building height establishes a “low-profile” design that is an appropriate fit to the neighboring residences on this westerly side of Pioneer Street.

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

As noted, consistent with the buildings immediately on the west side of Pioneer Street the two-story apartment buildings have a maximum height of 23-feet, 1-inch and the building exteriors include materials and colors that are harmonious and fitting with the immediate neighborhood.

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

The apartment buildings are of simple but attractive design. The architecture is described as a “Local Traditional” style. the exterior design includes a harmonious combination plaster siding, pitched composition shingle roofs, wood decks with steel railings and stairways and vinyl window frames. Exterior colors include beige exteriors, with sage green trim and charcoal grey roofing. The building materials and colors relate harmoniously with one another.

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

Any mechanical and/or electrical equipment will be designed and located to minimize visibility and will be screened from public view as applicable.

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

All utility services are appropriate in their size and placement on the project site.

Overhead utility lines will be undergrounded as part of the project.

F. The grading will be appropriate to the site.

Grading needed to accommodate the project will be minimal. The project includes appropriately landscaped stormwater treatment facilities to serve the functional needs of the project while enhancing site appearance. A final grading plan will be submitted at the building permit stage for approval by the City Engineer.

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

There are no existing trees on the project site. At approximately 24%, the landscape site coverage exceeds the Municipal Code 10% minimum. Appropriate landscaping is provided throughout the project site, including but not limited to a total of seven large tree plantings; including two large trees in the front-yard setback and many smaller trees are distributed throughout the project site. The project has been conditioned to require permanent maintenance of the landscaped areas in accordance with Municipal Code

18.64.120.

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

The site is currently occupied by and abandoned house. The project would promote new development an underutilized infill site in this westerly portion of the City. There are no significant viewsheds in the project vicinity. The landscape and tree planting plan as well as associated public improvements are anticipated to improve the overall appearance of the project site and improve the current appearance of the underutilized lot.

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

All exterior lighting fixtures shall be located, directed, and shielded to minimize potential light and glare impacts on neighboring properties.

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

No additional design standards were required by the City Council. However, the project was designed in full consideration of the applicable historic and neighborhood preservation goals and objectives of the City’s General Plan.

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

The project is completely considerate of solar access and the site design and building placement will ensure no impact will result to the privacy of neighboring properties in the project area.

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

A total of sixteen (16) parking spaces are provided on-site. Twelve parking spaces are covered. Four front-yard parking spaces will be screened from street view by a low wall and substantial landscaping. The parking will be accessed through a 20-foot-wide driveway. Each parking space is provided a minimum 25-foot back-out space. Thus,

adequate maneuvering and turnaround space is being provided. The project is found to meet applicable City regulations pertaining to parking.

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

The project fully supports General Plan goals to provide housing in proximity to transit, and urban and Downtown revitalization. Furthermore, the project has been found to substantially meet applicable Municipal Code Standards. At one point the driveway, as shown, will need to be widened from 18-feet to 20-feet. Staff has determined that there is sufficient room on the site to make this modification and meet all applicable building setback requirements. In accordance with Municipal Code Section 18.12.010 (Zoning Clearance) it will be determined that any proposed construction is in full compliance with all applicable Municipal Codes regulations prior to any building permit approval. As noted, the project design is in full consideration of the urban design goals of the General Plan and the project will meet the standards established by the City of Guadalupe Municipal Code.

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

The project will revitalize and underutilized property in the City limits. Measures are included in the project design to minimize potential impacts resulting from nearby agricultural uses. The apartment project is fully consistent with the high density residential (21-30 du/ac) General Plan land use designation on the property. As designed and conditioned, the resulting project will be an asset for the immediate neighborhood; and for the City as a whole.

EXHIBIT 3
849 Pioneer Street 8-Unit Apartment Complex
2022-056-DR and 2022-066-CUP

CONDITIONS OF APPROVAL

GENERAL CONDITIONS

1. Project Description: Subject to the conditions set forth below, this permit authorizes the improvements and uses requested by Application No. 2022-056-DR and 2022-066- CUP, shown in the project plans on file with the City of Guadalupe. The project consists of the construction and occupancy of an eight-unit multi-family development; on a

0.28-acre property. A total of sixteen (16) standard-sized parking spaces are provided.

On-site parking includes: twelve (12) covered parking spaces and four (4) uncovered parking spaces. Front-yard parking spaces shall be screened by a low-wall and dense landscaping. Prior to any building permit approval, all driveway clearance widths shall have a minimum of 20-feet. Decorative landscaping and private open space are provided as shown on the approved plan set. Six-foot perimeter walls will be provided along the northwesterly, southwesterly, and northeasterly property lines to buffer the site from nearby county agricultural uses to the northwest and southwest; and an agricultural accessway in unincorporated county on the northeasterly side of the project site.

Any deviations from the project description in the staff report, exhibits or conditions must be reviewed and approved by the City of Guadalupe for conformity with this approval. The project shall be constructed as shown on the plan set entitled Olivera Apartments and last revised August 29, 2022 (Attachment 2), Deviations may require amendments to this permit, including additional CEQA review. Deviations without the above-described approval will constitute a violation of the permit approval.

2. The Applicant agrees, as a condition of approval of this resolution to indemnify, defend and hold harmless, at Applicant’s expense, City and agents, officers, and employees from and against any claim, action or proceeding to attack, review, set aside, void, or annul the approval of this permit or to determine the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify the Applicant of any such claim, action or proceeding, to which City receives notice, and City will cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City for any court costs and attorney’s fees that the City may be required to pay as a result of any such claim, action or proceeding, but such participation shall not relieve Applicant of the obligation of this condition. Applicant’s acceptance of this permit approval or commencement of construction or operations under the approval shall be deemed to be acceptance of all conditions of approval.

3. If any condition imposing a fee, exaction, or dedication is challenged by the project sponsors in an action filed in a court of law or threaten to be filed therein which action is brought within the time period provided for by law, this this approval shall be suspended pending dismissal of such action, the expiration of the limitation period applicable to such action, or final 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.

4. In accordance with Sections 18,73.120 of the City the Municipal Code, this Design Review approval shall expire two (2) years from the date of approval, unless a building permit for the proposed improvements has been obtained prior to expatriation. Up to two one-year time extensions may be granted for good cause. An extension must be filed with the City prior to the permit expiration date.

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

Drawings/Administrative

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

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

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

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

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

10. The entire site shall be permanently maintained free of accumulated dirt and litter and in an otherwise neat and attractive manner and adhere to the requirements of the City of Guadalupe Municipal Code. Any graffiti on the property shall be promptly painted out. All landscaping areas in the property shall be permanently maintained with healthy, growing plant material, free from weeds. Dead or dying plant material shall be replaced within one month of plant deterioration. Failure to comply with this

condition is a public nuisance and is subject to the adopted citation ordinance of the City of Guadalupe.

Bonding

11. The applicant shall provide an engineer’s estimate for all work included on the public improvement plans. Bonds or other forms of securities shall be submitted as a guarantee for the construction of infrastructure improvements before the issuance of building permits.

Dedication

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

13. Developer agrees to dedicate Public Works improvements to the City.

Infrastructure improvements

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

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

Water

16. No certificate of occupancy shall be issued until adequate fire flows are verified.

17. All water meters shall be placed in the parkway, adjacent to the curb. Landscape area greater than 5,000 square feet requires a separate, appropriately sized irrigation meter.

18. For service lines already connected to the utility system, water and wastewater connection fees shall be based solely on an increase in water meter size and shall be calculated and collected prior to installation of the larger meter. For new water meters (except for ADUs) full connection fees shall apply, per the 2020-2021 master fee schedule. The owner shall pay for meter and all connection fees prior to issuance of the Building Permit.

19. MWELO - show extent of landscape. Under 2500 ft.², appendix D, over 2500 ft.² submit checklist. Drawings are inconsistent in regard to extent of landscape. Title page says

3,096 ft.². Sheet DP2 shows 2,620 square feet. MWELO compliance paperwork to be signed and submitted prior to certificate of occupancy.

Sewer

20. All sewer lines on-site shall be privately owned and maintained. Drawings shall label all privately owned lines as such. Private sewer lines shall tie into the public sewer main using a wye connection. Sewer laterals shall not be connected to the public sewer main with a manhole.

Storm

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

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

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

24. Submit an Erosion and Drainage Control Plan to the City Engineer for review and approval prior to construction. The plan shall reflect “Best Management Practices” as proposed in the California Regional Water Quality Control Board Erosion and Sediment Control Field Manual and shall include both temporary measures (to be used during construction, and until permanent measures are completed/established) and permanent measures. Erosion control measures shall be in place and approved by the City before the start of construction. The plan shall include both source control and perimeter containment measures. All Drainage and Erosion Control Measures shall be designed and sized by a qualified professional.

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

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

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

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

Overhead power lines

29. All new and existing electrical, telephone, and communication utility distribution service wires onsite and in adjacent easements shall be placed underground.

Street/sidewalk

30. Applicant shall repair any cracked or broken curb, gutter, driveway, and sidewalk within the project frontage. Public Works staff will determine the extent of the sidewalk and curb and gutter repair in the field prior to construction. Driveways shall be flush with adjacent sidewalk.

31. Install ADA curb ramp at southern edge of property and across the street.

Alternatively, upgrade the curb ramps at the SW and SE corners of Pioneer Street and 9th Street to current ADA standards.

PLANNING DEPARTMENT CONDITIONS

32. Commencement of work. The applicant shall notify City Planning Department and City Building Department staff of the start date for construction at least five (5) working days in advance of the start of work. This notification shall also include an estimated construction schedule and a truck haul route for demolished and recycled materials.

The applicant shall also notify City staff of the completion of construction and demolition work no more than one working day upon completion.

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

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

35. Zoning Clearance. No Building Permit shall be issued until a Zoning Clearance has first been issued by the City.

36. Driveways. Driveways shall provide a minimum width of twenty (20) feet. The requirements of his condition shall be shown on the final plan set submitted for a building permit.

37. Perimeter Walls. A six-foot tall solid masonry wall shall be constructed along the northwesterly, southwesterly, and northeasterly site perimeter to mitigate the potential impacts of the nearby agricultural uses.
• A three-foot high wall will be provided between the front open parking spaces and the front property line to screen the front-yard parking area.

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

39. Compliance with Conditions. The applicant shall comply at all times with these conditions. If complaint 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 time.

40. 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-noise generating construction shall occur on weekends or state holidays.

Non-noise generating interior construction activities such as plumbing, electrical, drywall and painting (which does not include the use of compressors, tile saws, or other noise- generating equipment) are not subject to these restrictions. The applicant is advised that building inspector and planning staff will spot check and responds to complaints.

41. Landscaping. Prior to issuance of Zoning Clearance, the applicant shall submit a Final landscape Plan for review and approval by the Planning Director, or the Planning Director’s designee.
a) Prior to the first occupancy clearance, the project shall have all landscaping planted. Landscaping shall be installed and maintained per the City-approved landscape and irrigation plan and maintained for the life of the project. b) The type, size, density, and configuration of new plants shall be selected to maximize successful establishment and growth to achieve this landscaping objective within a reasonable period of time after installation. c) Plant locations may be adjusted in the field (as directed by Planning staff) to achieve landscaping objectives. The applicant shall contact City Planning staff at least 48 hours prior to request for occupancy clearance in order to verify

that landscaping and irrigation has been installed according to the approved plans,
d) Failure to comply with the requirements could jeopardize issuance of the occupancy clearance.

42. All newly planted landscaping shall be maintained by the property owner(s) for the life of the project.

43. Additional Permits Required. The use and/or construction of any structures or improvements authorized by this approval shall not commence until all necessary planning and building permits are obtained. Before any Permit will be issued by the Building Department, the Owner/Applicant must obtain written clearance from all determents having conditions. Such clearance shall indicate that the Owner/Applicant must obtain written clearance from all departments having conditions. Such clearance shall indicate that the Owner/Applicant has satisfied all pre-construction conditions.

44. Design Review Expiration. The Owner/Applicant shall obtain the required Zoning Clearance within 24 months following the effective date of this Design Review Permit.

If the required Zoning Clearance is not issued within 24 months following the effective date of this Deign Review Permit, or within such extended period of time as may be authorized in compliance with Section 18.73.120.B of the Guadalupe Municipal Code, and an application for an extension has not been submitted to the Planning Department, then the Design Review permit shall be considered void and of no further effect.

45. Design Review-Void. This Design Review Permit shall become void and be automatically revoked if the development and/or authorized use allowed by this time Design Review Permit is discontinued for a period of more than 12 months, or within such extended period as may be authorized in compliance with Section 18.73.120.B of the Guadalupe Municipal Code. Any use authorized by this Design Review Permit shall immediately cease upon expiration or revocation of this Design Review Permit.

Any Zoning Clearance approved or issued pursuant to this Design Review Permit shall expire upon expiration or revocation of the Design Review Permit. Design Review Permit renewals must be applied for prior to expiration of the Design Review Permit.

46. Plans Requirements. The Owner/Applicant shall ensure all applicable final conditions of approval are printed in their entirety on applicable pages of grading/construction or building plans submitted to the Building Department.

47. Contractor and Subcontractor notification. The Owner/Applicant shall ensure that potential contractors are aware of City conditions and requirements.

Owner/Applicant shall notify all contractors and subcontractors in writing of the site

rules, restrictions, and Conditions of Approval and submit a copy of the notice to Planning Staff.

48. Time Extensions-All Projects. The Owner/Applicant may request a time extension prior to the expiration of the permit or entitlement for development. The review authority with jurisdiction over the project may, upon good cause shown, grant a time extension in compliance with City rules and regulations, which include reflecting changed circumstances and ensuring compliance with CEQA. If the Owner/Applicant requests a tie extension for this permit, the permit may be revised to include updated language to standard conditions and/or mitigation measures and additional conditions and/or mitigation measures which reflect changed cricumstances or additional identified project impacts.

49. In the unexpected event archeological or paleontological resources are unearthed during project construction, all earth disturbing work within the project area of potential effect (APE) must be temporarily suspended until an archaeologist has evaluated the nature and significance of the find. After the find has been appropriately mitigated, work in the area may resume. A Native American representative should monitor any archaeological field work associated with Native American materials.

50. The project is required to comply with standard lighting requirements per the Guadalupe Municipal Code, which requires that light and glare be minimized on any adjacent properties. Exterior lighting shall be shown on all Building plans prior to approval of the Zoning Clearance and Building Permit.

51. Stormwater. The project is Tier 2 project as identified in the Project Clean water Technical Guide, established as the guiding document for stormwater discharges in Santa Barbara County. The project shall establish and implement a Stormwater Control Plan, in accordance with the protocol established by the Project Clean water Technical Guide.
a) Prior to occupancy the Stormwater Control Plan shall be approved by the City; and the measures identified shall be fully constructed to the satisfaction of the City.
b) All stormwater control measures, and associated landscaping shall be maintained by the property owner(s) and their successors for the life of the project.

52. Prior to issuance of a building permit, the applicant shall pay all fees due to the Planning Department and those applicable fees to Building at the time of permit issuance.

53. Site Maintenance General: The property and all of the facilities, including but not limited to buildings; parking areas; carport structures and trash enclosures and their immediate areas shall be maintained in an orderly manner and free of accumulations of dirt, litter to the satisfaction of the City; and as further specified by Municipal Code Chapter 18.050.070.

54. Landscape Maintenance: Tree and larger shrub plantings shall be selected to be generally symmetrical and installed in healthy condition. Any damaged or otherwise unhealthy plant material shall be immediately removed and replaced. a) To minimize the potential for bent or leaning, or miss-sharpen trees, tree plantings shall be staked until determined to be established as vertical and upright until fully established.
b) All shrubs and plants shall be of a minimum size of one gallon, or equivalent, at the time of installation, and all trees shall be of a minimum size of 15 gallons, or equivalent, at the time of installation.

55. Fence and Wall Maintenance: Fences and walls shall be maintained in an upright vertical and unbroken condition and in accordance with Municipal Code Chapter

12.52.125. Any graffiti shall be removed within 48-hours.

56. Outdoor Lighting: All exterior lighting shall include full cut-off fixtures located to minimize the encroachment of excessive light and glare on neighboring properties.

FIRE DEPARTMENT CONDITIONS
Prior to issuance of a final zoning clearance or a building permit, all of the following shall be shown of the final plan set submitted for plan check

57. Public Safety Impact Fee: The project applicant shall contribute the necessary funding for emergency equipment and facilities to serve the proposed structure. The applicant shall pay the required public safety fees to the City of Guadalupe as deemed necessary by the City of Guadalupe Fire Department prior to issuance of a certificate of occupancy.

58. The project applicant shall comply with all adopted 2019 California Fire Code Requirements as well as all adopted code amendments under Guadalupe Municipal Code Section 15.08.020 and 15.08.030 at the time of plan review.

59. Provide the final layout plans with the location of utilities, services and unit layouts by floor in PDF format.

60. Remove island to provide minimum Fire Department access of 20 feet.

61. Fire Department access route must have a minimum unobstructed path of 20 feet.

62. Move parking stalls 3 and 4 approximately 3-4 feet to maintain a minimum 20-foot access route.

63. Maintain a minimum unobstructed width of 20-feet and maintain a minimum vertical clearance of 3-feet 6-inches. The driveway is currently 19-feet.

End of Conditions
ATTACHMENT 2
San Luis Obispo County, Bureau of Land_Management, EsriJ::iERE, Garmin . . Geo Technologies, Inc., U ...

CITY IMITS
.. � I 1
I ,, 1
'
"-..

CITY
COUNTY
2 PIONEER ST. APARTMENTS
849 PIONEER ST, GUADALUPE, CA

SITE SUMMARY
·-·� ..

C�;;'..;i .,,.;_�";',,

BUILDING SUMMARY
-�

PARKING REQUIREMENTS
�.h" l.l,&l>t'AJ.&�lil/lA:11(/ij�••-•-• �•�
�T ... P.UWWHWM�
(.BCTCU:,'IOll:l•;,"'11
IOOl(I.
�;:l't"tQYOW"E�lW.llll!lllPl:t-Mtl•CflUi>11.ut(".IWf't.-rOf 11-:•1· . ..,�->0WGv.a.gmuoH•:.-,w•'Ol<V.C"v•m.

CODES IN EFFECT
���=�;;;;;.:•�--�,�f�CWtNl�K
0 1":1'1$,::,,U10NM1�u....,.\l00Clli(�/
; rr,:5:rs�a�r)
:' f=E�����;��Zrir.::�K1nne>41
:,_ ��"','Z..::::i�(>t:S=tlON�-..NCU111Uit$)

PROJECT DESCRIPTION
co.,11Q.:110N�10Jl"LIX..._..,c1uio.a,;,..e;o,,GARPm,�,.rr ... •"""u""" l�st'(,:,,.CtlOOll,.. ... ,�sn:WOFa!IG.lll:el ... ....-A�PA:)NIG ��l�i;i�A. ��i;,�<
:,,:����:-0.,,�

VICINITY MAP
'
•
� '
•
E
•
• •
••
... .
(9
ATTACHMENT 3

TEAM LIST
f':)10.,:.,0111 -••tN.MA.C..¥30»
�,....r.n!R .. ;
f/«Nl/lltJt

AGENCIES
.............. ��"
11:is..-�o,,,,w.
�i7�--���
Ql�Ol'ewcw_lWlifut.llO.l'N{"'M =�� (,.)',j-­�OI< ...... ,_ 3WN,-A...,.OHIORC\ a>t.wtY�tH-- -TA �-••!'
... •ao.V.tAt'll\ ..
....

QTY':tFG�'-U'a
PO,.�Cllilf'l«IM(�l
,;a.��00.�to l"ll>t:,O»ill
f'Vl'O:l(;r<9l,o'l
Cfl":W�-un
_,,..,..'E,.C,,.n<to
V,:,0):IM<W9
fW:Ji'lt:.M!I.Aff.l!l,C.
•(11>1.,_IK,o.S,..._�, �11M\(IIW'Mt.•no:i1 -�IH.G"'600WNjY n,,· .......... �.I'•
\ll'IJ•HA -,-......... CAUltil
°'"'""·"_,., .... _ Q()ll ........... .. ll:lNI!
Hll; ........ C,,�l:')IJlrt.•�
Mflm'l) ............ ,C,."l'.)0!111
11111-•on
_,,,._CA.,.,,. i,.¢!;"9->CI
IIW A■CHITECT8
M CH/,!L C l'l:ACH['(
�'"/"t »'\,,ts':/::�
JH S HALC.,.ON ROAO
... RC{()'l'O UkA•l(X;, CA UH\l
�
�·
�
:i
0:: - • <( i2 � !;;; <-:
00 ::, ffi :,ii � :I!� 3 � i-: � � i fl) Ol ::J IS a: ;:i; "' z Ill
Ill
z
SHE.El' INDEX
�tt�$+tu
trrIWOl'PVJ>, 2Pl.Nt
.. <)<lll .......
t.Fr,uc¢
1•�IOl'tClr.-11
DP1
-

Agenda Item No. 17

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of December 13, 2022
_Hannah Sanchez_______________ __________________________________ Prepared by: Approved by:

Hannah Sanchez, Recreation Services Manager Todd Bodem, City Administrator SUBJECT: Appointment of two vacant seats for a four-year term to the Recreation and Parks Commission
RECOMMENDATION:

It is recommended that the Council appoint the two interested individuals for a four-year term to the Recreation and Parks Commission to fill the vacant seats.

DISCUSSION:

Two individuals sent in letters of interest for the vacant seats: Michael Jimenez and Trevor Lamberson.

Michael Jimenez works for SER Jobs for Progress and has experience through that job with bringing recreational activities to the community. He was involved in and helped to coordinate the city’s Resource Fair that was held in the month of August. He also just recently moved and is now a resident of Guadalupe.

Trevor Lamberson has experience with recreation work through his time working at ASES programs and the YMCA. He has been active in city functions with drop in basketball every Friday night being one of the city activities that he regularly attends. He is excited to have the opportunity to bring more fun ideas to the Recreation and Parks department.

ATTACHMENTS:

1. Letter of Interest from Michael Jimenez

2. Letter of Interest from Trevor Lamberson
November 9, 2022
TO: City of Guadalupe/Parks and Recreation
FR: Michael Jimenez - Resident
RE: Letter of Interest
I was recently informed that the Parks and Recreation Commission has two open seats.

As a new resident of Guadalupe and someone that has years of experience working with diverse communities I would like the opportunity to serve on the Commission. I am very much interested in completing the four-year term which ends in September 2023.

Michael Jimenez
Fuente Drive
[email protected]
ATTACHMENT 1
ATTACHMENT 2

Agenda Item No. 18

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of December 13, 2022
________________________________
Approved by:

Todd Bodem, City Administrator
SUBJECT: City Council Vacancy
RECOMMENDATION:

1. Consider the selection of some, or all, interested city residents to interview in open session at the January 10, 2023, City Council meeting (where the Council will select one of these persons to fill the remainder of Tony Ramirez’ term); or,

2. Continue its deliberations/selection to the next meeting on January 10, 2023, and make the selection at the January 24, 2023, meeting; or,

3. Reject all the applicants and call for a special election to fill the vacancy.

BACKGROUND:

Councilmember Ramirez submitted a letter of resignation to the City Clerk on October 25, 2022. He specified the date of his resignation as November 29, 2022. Because the effective date of his resignation will occur approximately halfway through his four-year term, whoever eventually fills this vacancy will serve until what would have been the final day of Councilmember Ramirez’ term (which officially ends on December 3, 2024). Whoever is appointed could run for election in 2024, and if he or she won, a new term of office would begin as of December 3, 2024.

In the staff report concerning the upcoming vacancy on the Council at the November 8, 2022, it was stated that,
“Government Code section 36512 provides that a city council must fill a vacant seat within 60 days after the seat becomes vacant either by making an appointment or calling for a special election to fill the seat. Since the effective date of Councilmember Ramirez’ resignation is November 29, 2022, the Council must make an appointment to fill the vacancy or call for special election no later than January 28, 2023.”
At the November 8, 2022, City Council meeting, the City Council decided to go through the appointment process rather than by call for a special election considering the of the high cost of conducting such an

election. The Council also directed staff to solicit letters of interest from City residents to be submitted no later than by December 6, 2022, and to present these letters to the Council for its consideration at the December 13, 2022, Council meeting.

DISCUSSION:

City staff provided notification to City residents by posting a notice on the City’s website and the Royal Theater marquee to inform persons who may be interested in serving the remainder of Councilmember Ramirez’ term. This notice informed interested persons to submit a letter of interest which asked for a description of their qualifications. City staff provided a deadline for all letters to be received on December 6, 2022, at 4:00 p.m. (almost 30 days). The Council may select from these applicants and invite some or all of them to be interviewed at the January 10, 2023, City Council meeting where the Council may make the appointment on January 10th, or it can continue its deliberations/selection process to the next meeting on January 24, 2023, where it will make the appointment.

The statement of interest submitted by each applicant are as follows:

1. Courtney Cazenave

2. Justin Martin

3. Jesus Gomez

4. Clemente Moreno

5. Megan Lizalde
ATTACHMENTS:

1. Letters of interest from all applicants

2. Proposed Interview Questions
ATTACHMENT 1
JUSTIN
R
MARTIN
Interest in City Council
Seat

CONTACT
PHONE:

EMAIL:

Jrmartin8051Q,yahoo.corr
Todd Bodem
City Administrator
Guadalupe City Council
918 Obispo Street
Guadalupe, CA 93434
Dear Todd Bod em,

RECEIVED
NOV 2 3 2022

CITY OF GUADALUPE
City Clerk or Deputy Clerk
My name is Justin Randall Martin, I am a husband, father and 20-year resident of Guadalupe. I am a graduating
student of Kermit McKenzie Jr. High, Ernest Righetti High School, and Allan Hancock College. My wife and I
purchased our first home within Point Sal Dunes in 2013 where we reside with our two children.

I graduated from AHC in Spring of 2022 with my AS degree in Administration of Justice. I am currently continuing my education with AHC to complete my AS degree in
Environmental Health and Safety. As of February 2022, I am an Environmental Health and Safety Manager for a
local Oil and Gas Production Company. Prior to the
position, I was in an Environmental Project Manager for an Air Pollution Compliance Contractor that assisted
companies within the US in complying with local, State, and federal regulations.

I have a strong interest in joining the Guadalupe City
Council not only as a resident but as a younger
generation to fuel the future of our city, community, and economy. I have a lot of passion for the environment,
community, and economy. I have the motivation, strength and will to help in every way possible to get things done, tasks accomplished, and goals achieved.

Thank you for taking the time to review my letter of interest for a seat on the Guadalupe City Council. I look forward to hearing from. If there is any other information that you need or wish to discuss, please do not hesitate to reach out to me. Thank you for your consideration and Happy
Thanksgiving to you and all City Council Members.

Justin Randall Martin
November 23, 2022
From: �
To: Juana Escobar
Date: Thursday, December 1, 2022 1:31:51 PM
This is a letter of interest to fill the City Council vacancy. I am a father involved in the community having lived here for 34 years. Currently employed in construction part time and a current student at Al1an Hancock College in my third semester for a degree in Human Services. I request additional information regarding duties of council members.

Jesus Gomez RECEIVED
DEC O 1 2022

CITY OF GUADALUPE
City Clerk or Deputy Clerk

December 6, 2022

PROPOSED INTERVIEW QUESTIONS FOR VACANT COUNCIL POSITION

1. What makes you the best candidate for this position?

2. Please describe your previous work in the community and how these experiences qualify you for a position on the Council.

3. Give some examples of group decision-making you have been involved with and how these experiences could be utilized on the council.

4. Please describe how you would react to a situation in which the council voted 3-2 to approve a very contestable issue and you were on the disseminating side.

5. Please name three qualities a Council member should have.

6. Please describe how you would like the City of Guadalupe to look in the next 5 years.

7. If selected, what will be your top priorities?

8. Do you have any experience working with municipal budgets? Please provide us with an understanding and overview of the City of Guadalupe fiscal year 2022-2023 budget

9. Describe your approach to problem solving.

10. What do you think is the most important role that city council members play.

11. There is a controversial issue that needs to be addressed. How do you go about making a decision?

12. Please describe the City of Guadalupe in three words.

13. How would you connect with all constituents?
ATTACHMENT 2
December 6, 2022

14. Council meetings can be lengthy and require reading material beforehand. Also, there are additional committee meetings to attend. Will the time commitment be an issue? Please share a moment when you served people with opposing views.

15. How would you ensure that the City of Guadalupe employees, constituents, and stakeholder priorities are addressed?

Agenda Item No. 19

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of December 13, 2022
___________________________________
Prepared by:

Todd Bodem, City Administrator
SUBJECT: Establishment of eligibility list for commercial cannabis business permit applicants RECOMMENDATION:

That the City Council, by motion, approve the proposed Eligibility List Policy and Procedures document, and the placing of the three commercial cannabis business permit applicants not selected as prevailing candidates on an eligibility list.

BACKGROUND:

At the April 12, 2022, City Council meeting, the City Council took two actions concerning selection of Commercial Cannabis Business (CCB) permit applicants: (1) the Council decided to select only two applicants to move forward in the process of applying for and obtaining retail CCB permits; and (2) the Council selected SloCal Roots Management LLC dba Root One as one of these two “prevailing candidates” (the term used in Guadalupe Municipal Code Chapter 9). The Council was not able to select the second prevailing candidate at this meeting, however, due to the lack of majority support for any of the four remaining CCB permit applicants. The Council was able to narrow the selection down to two (4) of the remaining four (4) CCB permit applicants: BDSF 1 Holdings LLC dba Element 7 Guadalupe (“Element 7”) and LGBA Management LLC dba The Roots Dispensary (“The Roots Dispensary”). The Council also directed that City staff request that these two CCB permit applicants make another presentation to the Council focusing on the community benefit and neighborhood plan portions of their applications.

No action was taken concerning the applications of the two remaining applicants, Guadalupe Erudite Ventures dba HerbNJoy (“HerbNJoy”) and Guadalupe Community Project LLC dba Mr. Nice Guy (“Mr Nice Guy”) at the April 12th Council meeting. Mayor Julian had spontaneously commented that these two applicants should be “kept on the back burner.”
The additional presentations from The Roots Dispensary and Element 7 took place at the April 26, 2022, City Council meeting. Council member Ramirez and Council member Costa were not present at this meeting; however, because a quorum of the Council was present, it was legally permissible for the Council to move forward with the presentations and make its decision concerning which of the two CCB applicants would be selected to move forward in the process. After the presentations, the City Council deliberated and ultimately selected Element 7 as the second of the two prevailing candidates to move forward in the process.

Subsequently, several weeks later, it came to the attention of the City Attorney that Council member Ramirez had sent an email to Mayor Julian and City Administrator Bodem, that stated his opinion concerning various matters that were on the Council’s agenda for the April 26th meeting, including his opinion that The Roots Dispensary should be selected as the second prevailing candidate. Unfortunately, this email was inadvertently not included as part of the public record at the April 26th meeting. The City Attorney determined that the failure to include this email as part of the public record at the April 26th meeting resulted in a procedural irregularity that requires the City Council to consider rescinding the decision it made at that meeting to select Element 7 as the second prevailing candidate.

A request to the City Council to rescind its selection of Element 7 was made to the City Council (with all five (5) members present) at the Council meeting of July 12, 2022. After considering the staff report and presentation from the City Attorney, the City Council voted to rescind its selection of Element 7 made at the April 26th Council meeting on a 4-1 vote.

A second presentation from Element 7 and The Roots Dispensary took place at a special Council meeting on August 16, 2022, with all five Council members present. The City Council selected Element 7 on a 4- 1 vote to proceed with the process of obtaining a CCB permit.

In the staff report for the April 26th meeting concerning the second presentations by Element 7 and The Roots Dispensary, staff recommended:
…that the Council place CCP permit applications that will not be selected to move forward with the process at this time on an “eligibility list” that will remain active until both CCB permits authorized by the City Council have actually been issued. Staff recommends creation of this eligibility list because it is possible that one or both of the CCB permit applicants ultimately selected to move forward in the process may be unable to comply with all the requirements for issuance of a CCB permit, including but not limited to:
obtaining a conditional use permit; successfully entering into a community benefit agreement on terms acceptable to the City; or some other reason such as being unable to complete the purchase of a property or execution of a lease required for the cannabis business location.

The staff report for this item also stated:

Alternatively, instead of creating the eligibility list, Council can take action to formally reject the unselected CCB permit applicants at the April 26th meeting or at a future meeting, but staff does not recommend doing so since having additional candidates for a CCB permit on an eligibility list in the event one or both of the selected applicants fail to meet the requirements for issuance of a CCB permit (or timely meet these requirements) would save the City time and money by not having to start the application process over.

Guadalupe Municipal Code section 9.22.140.I. states: “The City Council shall either deny or approve the final candidates and shall select the top candidates in each category of the cannabis businesses …” As stated above, no action was taken at the April 12th Council meeting on the applications of HerbNJoy and

Mr. Nice Guy even though these applicants were not selected to continue in the process of obtaining a CCB permit. In addition, with the final selection of Element 7 (and SloCal Roots), it was appropriate to take action to deny the applications of the three unsuccessful CCB permit applications.

At the Council meeting on September 13, 2022, staff has recommended that the City Council deny the applications for HerbNJoy, Mr. Nice Guy, and The Roots Dispensary since this was required by the City’s Municipal Code, but staff also recommended at that time that the City Council confirm that an eligibility list should be created for these three unsuccessful applicants in the event that one or both of the prevailing candidates (i.e., Element 7 and/or SloCal Roots) ultimately fail to meet the remaining requirements for issuance of a CCB permit or obtain issuance of the required conditional use permit.

Council confirmed its desire that an eligibility list be created, and staff advised that this matter, as well as some other matters that require Council direction such as establishing a timeline for the prevailing candidates to obtain issuance of a conditional use permit and commence business operations, would be the subject of a future Council meeting.

DISCUSSION:

As stated, staff wanted to request that the City Council take action to establish a timeline for the prevailing candidates to obtain issuance of a condition use permit and a CCB permit so that they could commence business operations. Both prevailing candidates repeatedly expressed during their presentations that they wanted to be “up and running” as soon as possible and both indicated that this would take place by the end of the first quarter of 2023. Nevertheless, staff wanted to impose specific additional requirements on the prevailing candidates concerning this timeline since the City’s ordinance did not directly address this, and frankly, progress towards this goal appears to have slowed. After reviewing the City’s ordinance and discussing it with the City’s cannabis consultant, HdL, staff has decided that it will be necessary to amend the City’s commercial cannabis ordinance to establish this timeline since this was not specifically addressed in the ordinance. In light of the silence in the ordinance concerning the timeline from being named as a prevailing candidate and the issuance of a CCB permit, Staff did not believe that there was an adequate legal basis for the Council to adopt regulations establishing a timeline. For that reason, staff concluded that amending the ordinance would be necessary.

Staff also wants to make some other corrections to the City’s commercial cannabis business ordinance which came to light during the application and selection process. These corrections would be helpful if the City were to ever conduct another application and selection process in the future. These corrections, as well as the additions to establish the timeline and other performance criteria, will take some time.

Staff does not anticipate being able to bring these amendments to the City’s ordinance to the Council until January 2023.

However, that is not the case with establishing an eligibility list. This is a simple matter that requires only the Council’s approval and does not need to be included in the amendments to the ordinance.

Accordingly, staff has created an Eligibility List Policy and Procedures document (Attachment 1) for the Council’s review and approval. If the Council approves this document, Council should also take action to place the three unsuccessful CCB permit applicants (i.e., The Roots Dispensary, Herb-N-Joy, and Mr. Nice Guy) on the eligibility list.

The Eligibility List Policy and Procedures document basically provides that:
• The Council may establish an eligibility list for the unsuccessful CCB permit applicants (who were interviewed by the Council during Phase III of the selection process). any time after the selection of the prevailing candidate(s).
• The unsuccessful applicants shall be automatically placed on the list, but may, in writing, request not to be included.
• The purpose of the list to both fairness to the unsuccessful candidates in that they should be allowed to seek a CCB permit if one or more of the prevailing candidates are unable to, and also to reduce time and cost to the City by not having to conduct another full application and selection process.
• There is no ranking of the applicants and any applicant on the list may be selected after a public hearing
• The applicants will be given 30 days’ notice of the hearing and will be allowed 10 minutes to make a presentation based on their existing application (i.e., no new information unless provided to the City Administrator at least 10 days before the hearing who will decide whether to include it in the staff report)
• The Council’s decision is final and may only be challenged by seeking judicial review pursuant to Code of Civil Procedure Section 1094.6 for judicial review. • The eligibility list will remain active until issuance of a CCB permit to the prevailing candidate(s) selected by the City Council.

FISCAL IMPACT:

None.

ATTACHMENTS

1. Eligibility List Policy and Procedures
1 ELIGIBILITY LIST FOR COMMERCIAL CANNIBIS BUSINESS PERMITS APPLICATIONS

1.01 Preparation of Eligibility List
After the selection of the prevailing candidate(s) as provided in Guadalupe Municipal Code section 9.22.140, the City Council may establish an eligibility list for the commercial cannabis business (CCB) permit applicants that were interviewed, but not selected, by the City Council during Phase III of the process, as described in the City’s Application Procedures & Guidelines for a Commercial Cannabis Business Permit. Only those CCB permit applicants who were interviewed by the City Council during Phase III may be placed on the eligibility list.

CCB permit applicants not selected as a prevailing candidate by the City Council shall be placed on the eligibility list upon a motion of the City Council. Any of the unselected CCB permit applicants may request, in writing, not to be placed on the eligibility, but no action is required to be placed on the list. If an applicant requests not to be included on the eligibility list, the applicant shall not be eligible for a CCB permit unless the City opens a new application process.

1.02. Purpose of the Eligibility List
Should one or more of the prevailing candidates selected by the City Council to pursue a CCB permit be unable to obtain issuance of a CCB permit, one or more of the applicants interviewed by the City Council not selected as a prevailing candidate may be allowed the opportunity to pursue issuance of a CCB permits.

1.03. Selection of an Applicant from the Eligibility List Since all the CCB permit applicants who were interviewed by the City Council met the minimum criteria for the Phase III selection process and could have been selected by the City Council as a prevailing candidate, no ranking of the unselected CCB permit applicants will be made in preparation or posting of the eligibility list. Any of the CCB permit applicants placed on the eligibility list may be selected by the City Council in the event a prevailing candidate is not able to obtain issuance of a CCB permit.

To select an applicant from the eligibility list, the City Council shall hold a public hearing (on the regular business section of the Council’s agenda). All applicants on the eligibility list will be provided with 30 days written notice (sent to the email address identified in the applicant’s application or other email address subsequently provided to the City Administrator) of the date of this hearing and City Council meeting. Applicants will be allowed 10 minutes to make a presentation to the City Council (including questions from the Council). No additional written materials will be permitted, and the presentations must be based solely upon the information presented in the original applications. If any information on the applications requires updating, the applicant(s) must provide this information to the City Administrator in writing no later than 10 days prior to the hearing. This information will be included in the staff report to the City Council if relevant and necessary for the Council’s deliberations.

ATTACHMENT 1
2 After the City Council has received the applicants’ presentations and any public comments, the Council will deliberate and select an applicant from the eligibility list. The City Council’s decision concerning which applicant is selected from the eligibility list is final and is subject to the time limits set forth in California Code of Civil Procedure Section 1094.6 for judicial review.

1.03. Duration of the Eligibility List
The eligibility list will remain active until issuance of a CCB permit to the prevailing candidate(s) selected by the City Council.

Agenda Item No. 20

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of December 13, 2022

_______________________________ _________________________________ Prepared by: Approved by:

Shannon Sweeney Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: Transit Update
RECOMMENDATION:

For information, general discussion, and input.

BACKGROUND:

On January 12, 2020, Council adopted the Short-Range Transit Plan (SRTP). This document was the culmination of public outreach and evaluation of existing transit services and can be found on the City’s website at ci.guadalupe.ca.us under Miscellaneous Documents.

On July 1, 2022, the changes recommended in the SRTP were implemented. Changes included eliminating the existing on-demand shuttle service and creating two fixed routes. The first route is a local route that runs every half hour through the City Guadalupe. The second route is an express route that runs hourly between the City of Guadalupe Amtrak station and the City of Santa Maria transit station. The two routes meet up at the City of Guadalupe Amtrak station at the bottom of the hour. Originally, free transfers were made available between two routes. More information can be found at www.smoothinc.org.

DISCUSSION:

City staff has been working in concert with SMOOTH, Inc. (contract transit operator) staff to gather data for the first few months of operation of the new schedule and make adjustments as necessary to ensure success of the new operation.

City staff has gathered data in order to evaluate the success of the new operation. Success is defined as improved ridership without loss of revenue. See Table 1 for a summary of data for the first four months.

Shannon Sweeney

Table 1: % Difference from 2019 to 2022
July August September October
Farebox Revenue -16% -12% -3% 11%
General Ridership -1% 7% 17% 24%
Senior/Handicapped -45% -41% -33% -29%
Students -44% -34% -27% -22%
Free/Token/Transfer 176% 250% 321% 462%
Total -12% -9% -1% 7%
Fuel Cost 130% 123% 99%
The data in Table 1 indicate decreased ridership and revenue and increased fuel cost in the first three months of implementation of the changes starting July 1. These decreases are attributed to the need for riders to become familiarized with the new routes and schedule. However, both ridership and revenue increased in October 2022 as compared to October 2019. This demonstrates success of the changes if these improvements continue. City staff will continue to track these numbers over time to make sure that the public transit system is serving the community as best it can.

Starting in July, transfer tokens were offered to riders transferring between the local and express routes and vice versa. However, it became clear that riders were abusing the tokens by taking them even when not transferring to the other route but instead using them to ride for free on the next trip, causing an unexpected drop in revenue. Starting October 1, transfer tokens were no longer accepted, and instead, day passes were offered for the cost of two rides. This change was advertised by posting signs on all the buses and local bus stops in mid-September.

City staff was initially very concerned about the drop in bus use by seniors and the handicapped.

The first thought was that this drop was due to discontinuation of the shuttle. However, the raw data shows that the Flyer was more regularly used than the shuttle by this demographic. This suggests that seniors and the handicapped were using the Flyer to go to Santa Maria. Three reasons why public transit use by this demographic decreased between pre-and post-pandemic periods may include: this population is still wary of public exposure to COVID and has not resumed the use of public transit compared to pre-pandemic times, this demographic was disproportionately impacted by COVID fatalities, and telemedicine has significantly reduced the need for seniors in the handicapped to travel by public transit to Santa Maria for doctor’s appointments. Staff is working with Los Amigos de Guadalupe to encourage public transit use to the Senior Center for daily meals.

Student ridership also decreased more than the general public, though not as significantly as ridership by seniors and the handicapped. This demographic will be closely watched to see if ridership rebounds once students become more accustomed to the new routes and schedule.

After the changes were implemented, City and SMOOTH received comments from the public.

These comments and responses are summarized below.

• One rider complained about lack of bicycle storage. Our transit buses can accommodate two bicycles outside and two bicycles inside. SMOOTH staff indicate that no bicycle rider has ever been turned away for lack of space.
• One rider complained about having to wait 30 minutes unnecessarily when express and local routes don’t meet at the Amtrak Station due to delays. This issue was resolved by improving communication between the two route drivers so that buses will wait if riders need to transfer and the schedule can accommodate it.
• One rider complained that passengers are forced to take two buses instead of one. It is not physically possible to include all existing stops while keeping industry-standard and goal of hourly route time. To address this, the City initially provided transfer tokens for free transfers between two routes; however, due to abuse, has changed to offering day passes for unlimited rides during the calendar day.
• One rider complained about the discontinuation of the shuttle. However, once she found out that the local route now stops every half hour at the bus stop less than one block away from her house, and she no longer needs to call in to reserve a ride each time she wanted to use the shuttle, she was satisfied.

Finally, a resident complained about the location of the new bus stop at W. Main St. and Montez Court. This resident is requesting that the bus stop be moved closer to the shopping center because its current location is causing trash buildup and destruction to the residence. This location was specifically located for its proximity to the school and crosswalk, the prohibition of parking in the area, the limited impact to visibility to vehicles, and the width of City right-of-way.

Staff evaluated several options. See attachment 2 for photos corresponding to some of the following options:

1. Existing location.

2. Across the street has no sidewalk.

3. Further west along Main Street is less accommodating to schoolchildren, the main demographic served by this bus stop. (no photo)

4. Moving the bus stop just east of the crosswalk will block visibility of students crossing.

5. Moving the bus stop further East just before Julia Drive places the bus stop in very close proximity to residents’ windows.

6. Moving the bus stop east of Julia Drive in front of the shopping center will cause loss of streetside parking.

A second question involves improvements at the Amtrak station. The Affordable Housing and Sustainable Communities (AHSC) grant provides $494,000 in funding for the construction of a public restroom and two electric vehicle charging stations at this site. The City applied for funding through Clean California Cycle 1 to make additional improvements, including paving, landscaping, and bicycle amenities, but was unsuccessful. Applications for Cycle 2 are due mid-2023. The City’s application is likely to be more successful if the AHSC is leveraged as match, but this means holding off on the other improvements for another year. Would Council prefer implementing fewer improvements now or waiting out for the possibility of additional funds? Now that this site is the hub of multiple bus routes and the train, it is attended by many additional people, and its appearance is less than ideal.

ATTACHMENTS:

1. Raw data from July through October 2019/2022

2. Photos corresponding to bus stop location alternatives.

ATTACHMENT 1
MONTH: July
Data Analysis
Fare Flyer Fare Shuttle Flyer Shuttle Express Local 2019 2022 % diff Deposit $ 4,083.08 $ 259.83 $ 2,576.95 $ 1,068.62 $ 4,342.91 $ 3,645.57 -16% General Riders $ 1.50 $ 0.50 1,717 201 1,409 486 1,918 1,895 -1% Senior/Handicapped $ 0.75 $ 0.25 1,214 253 507 304 1,467 811 -45% Stuents $ 1.00 $ 0.25 1,430 235 590 348 1,665 938 -44%
Free/Transfer $ - $ - 289.00 123.00 629.00 510.00 412 1,139 176% Total Riders 4,650 812 3,135 1,648 5,462 4,783 -12%
Fuel Diesel Gas Diesel Gas
$ 4,099.97 $ 964.97 $ 10,780.22 $ 869.48 $ 5,064.94 $ 11,649.70 130% 2019 2022
MONTH: August
Data Analysis
Fare Flyer Fare Shuttle Flyer Shuttle Express Local 2019 2022 % diff Deposit $ 4,441.30 $ 425.28 $ 3,030.17 $ 1,234.71 $ 4,866.58 $ 4,264.88 -12% General Riders $ 1.50 $ 0.50 1,753 167 1,488 570 1,920 2,058 7% Senior/Handicapped $ 0.75 $ 0.25 1,385 284 665 319 1,669 984 -41% Stuents $ 1.00 $ 0.25 1,573 842 1,015 582 2,415 1,597 -34% Free/Transfer $ - $ - 235 86 529 596 321 1,125 250%
Total Riders 4,946 1,379 3,697 2,067 6,325 5,764 -9%
Fuel Diesel Gas Diesel Gas
$ 4,373.22 $ 811.49 $ 10,929.60 $ 646.45 $ 5,184.71 $ 11,576.05 123% 2019 2022

MONTH: September
Data Analysis
Fare Flyer Fare Shuttle Flyer Shuttle Express Local 2019 2022 % diff Deposit $ 4,465.38 $ 369.41 $ 3,349.69 $ 1,355.33 $ 4,834.79 $ 4,705.02 -3% General Riders $ 1.50 $ 0.50 1,630 138 1,640 424 1,768 2,064 17% Senior/Handicapped $ 0.75 $ 0.25 1,285 255 704 330 1,540 1,034 -33% Stuents $ 1.00 $ 0.25 1,668 1,035 1,264 711 2,703 1,975 -27% Free/Transfer $ - $ - 201 76 441 724 277 1,165 321%
Total Riders 4,784 1,504 4,049 2,189 6,288 6,238 -1%
Fuel Diesel Gas Diesel Gas
4,945.87$ $ 691.69 $ 10,498.20 $ 711.51 $ 5,637.56 $ 11,209.71 99% 2019 2022
MONTH: October
Data Analysis
Fare Flyer Fare Shuttle Flyer Shuttle Express Local 2019 2022 % diff Deposit $ 4,542.71 $ 413.56 $ 3,652.84 $ 1,847.84 $ 4,956.27 $ 5,500.68 11% General Riders $ 1.50 $ 0.50 1,818 166 1,872 584 1,984 2,456 24% Senior/Handicapped $ 0.75 $ 0.25 1,306 261 598 519 1,567 1,117 -29% Stuents $ 1.00 $ 0.25 1,669 1,207 1,140 1,099 2,876 2,239 -22% Free/Transfer $ - $ - 171 62 890 420 233 1,310 462%
Total Riders 4,964 1,696 4,500 2,622 6,660 7,122 7%
Fuel Deisel Gas Deisel Gas
$ 4,924.09 $ 902.36 not yet available $ 5,826.45
2019 2022

ATTACHMENT 2

1. 2 and 4

5. 6.