January 17, 2023 City of Guadalupe Council Meeting Agenda Page 1 of 5 City of Guadalupe
AGENDA
Special Meeting of the Guadalupe City Council
and the Successor Agency to the Guadalupe Redevelopment Agency Board Tuesday, January 17, 2023, at 6:00 pm
City Hall, 918 Obispo Street, Council Chambers
The City Council meeting will broadcast 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, January 17, 2023.
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 Christina Hernandez
Council Member Gilbert Robles
Council Member (Vacant)
Mayor Pro Tempore Eugene Costa Jr.
Mayor Ariston Julian
January 17, 2023 City of Guadalupe Council Meeting Agenda Page 2 of 5
2. PLEDGE OF ALLEGIANCE
3. AGENDA REVIEW
At this time the City Council will review the order of business to be conducted and receive requests for, or make announcements regarding, any change(s) in the order of business.
4. CEREMONIAL CALENDAR
• Proclamation – Human Trafficking Awareness Month – January 2023
5. COMMUNITY PARTICIPATION FORUM
Each person will be limited to a discussion of three (3) minutes or as directed by the Mayor.
Pursuant to provisions of the Brown Act, no action may be taken on these matters unless they are listed on the agenda, or unless certain emergency or special circumstances exist. City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting.
6. CONSENT CALENDAR
The following items are presented for City Council approval without discussion as a single agenda item in order to expedite the meeting. Should a Council Member wish to discuss or disapprove an item, it must be dropped from the blanket motion of approval and considered as a separate item.
A. Waive the reading in full of all Ordinances and Resolutions. Ordinances on the Consent Calendar will be adopted by the same vote cast as the first meeting unless City Council indicates otherwise.
B. Ratify payment of warrants for the period ending January 2, 2023 and December 15, 2022.
C. Approve the Minutes of the City Council regular meeting of December 13, 2022.
D. Continuance of second reading and adoption of Ordinance No. 2022-506 amending Chapter
18.53 (Accessory Dwelling Units) to the regular City Council meeting to be held on January 24, 2023.
E. Adopt Resolution No. 2023-01 accepting a donation of nine (9) cases of soda and water to the Guadalupe Fire Department from the Reyes Coca-Cola Bottling Company to assist the “City of Guadalupe Armed Forces Holiday Gathering” for military personnel from Vandenburg Space Force Base.
F. Adopt Resolution No. 2023-02 accepting a donation of $1,100.00 to the Guadalupe Fire Department from the Santa Maria Elks Lodge No. 1538 toward the purchase of candy for the 2022 Guadalupe Christmas Parade.
January 17, 2023 City of Guadalupe Council Meeting Agenda Page 3 of 5 G. MONTHLY REPORTS FROM DEPARTMENT HEADS
1. Planning Department report for December 2022
2. Building Department report for December 2022
3. Public Works/Engineering report for December 2022
7. CITY ADMINISTRATOR REPORT: (Information Only)
8. DIRECTOR OF PUBLIC SAFETY REPORT: (Information Only)
REGULAR BUSINESS
9. Resolution ratifying and proclaiming the existence of a local state of emergency.
Written report: Todd Bodem, City Administrator
Recommendation: That the City Council adopt Resolution No. 2023-03 ratifying and proclaiming the existence of a local state of emergency.
10. Emergency Occupancy Agreement for displaced residents.
Written report: Philip F. Sinco, City Attorney
Recommendation: That the City Council:
a. By motion, decline to ratify a proposed “emergency occupancy agreement” to provide temporary housing for City residents displaced from their homes because of flooding; and b. By motion, ratify a payment of $7,000 paid to provide temporary housing for displaced City residents from January 10-17, 2023.
11. City Council Vacancy.
Written report: Todd Bodem, City Administrator
Recommendation: That the City Council interview all three (3) interested city residents and select one (1) finalist to fill the remainder of Tony Ramirez’ term, effective immediately.
12. SWEARING IN OF NEWLY APPOINTED OFFICIAL.
• Deputy City Clerk will administer the oath of office.
13. APPOINTED OFFICIAL TO BE SEATED AND GIVEN THE OPPORTUNITY TO SPEAK.
14. Appointment of Councilmembers to various boards and committees.
Written report: Todd Bodem, City Administrator
Recommendation: That the Mayor nominate, and the City Council ratify the Mayor’s nominations, having to do with appointments to various boards and committees which require Council representation.
January 17, 2023 City of Guadalupe Council Meeting Agenda Page 4 of 5
15. FUTURE AGENDA ITEMS
16. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS
17. ADJOURNMENT TO SUCCESSOR AGENCY BOARD MEETING
SUCCESSOR AGENCY
18. Recognized Obligation Payment Schedule and Administrative Budget for the July 1, 2023, through June 30, 2024, Period.
Written report: Joy Otsuki, Special Counsel to the Successor Agency Recommendation: That the Successor Agency adopt SA Resolution No. 2023-01 entitled “Resolution of the Successor Agency to the Redevelopment Agency of the City of Guadalupe approving the Recognized Obligation Payment Schedule for the July 1, 2023, through June 30, 2024, period”.
19. 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 24 hours prior to the meeting. Dated this 13th day of January 2023.
______________________________
Todd Bodem, City Administrator
Todd Bodem
January 17, 2023 City of Guadalupe Council Meeting Agenda Page 5 of 5
PROPOSED FUTURE CITY COUNCIL AGENDA ITEMS
Council Meeting: Date and Subject Department Agenda Category Tuesday, January 24, 2023, at 6:00 pm / Regular Meeting Royal Theater – California Arts Council (CAC) Grant Tom Brandeberry Consent Calendar November 2022 Financial Report Finance Department Consent Calendar Clean California Grant Update Public Works Department Consent Calendar SSMP Update Public Works Department Consent Calendar
Amendment to Agreement – Andrew Goodwin DesignRoyal TheaterTom Brandeberry Consent Calendar Central Park Conceptual Design Public Works Department Public Hearing9 New Electric Bus Paint Schematic Public Works Department Regular Business Caltrans Guadalupe Street ADA project update Public Works Department Regular Business Vacant Commercial Building Ordinance City Administrator Regular Business Tuesday, February 14, 2023, at 6:00 pm / Regular Meeting Mid-Year Budget Report Finance Department Regular Business Veterans Hall Building – Wall Sign Planning Department Regular Business Tuesday, February 28, 2023, at 6:00 pm / Regular Meeting Little House by the Park Presentation – 2022 Update Presentation Award Highway Lift Station Rehabilitation Project Public Works Consent Calendar 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
Agenda Item No. 4
/S/
Agenda Item No. 6B
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of January 17, 2023
Prepa .wVeronica Fabian
Finance Account Clerk
eviewed by:
ngie Pereyra-Leon
Accounting Supervisor
Approved by:
Todd Bodem
City Administrator
SUBJECT:
RECOMMENDATION:
Payment of warrants for the period ending January 02, 2023, 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 January 11, 2023.
BACKGROUND:
Submittal of the listing of warrants issued by the City to vendors for the period and explanations for disbursement of these warrants. An exception, such as an emergency hand check may be required to be issued and paid prior to submittal of the warrant listing, however, this warrant will be identified as "Ratify" on the warrant listing.
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29 Agenda Item No. 6B
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of January 10, 2023
Prepw6.
Veronica Fabian
Finance Account Clerk
vRaviewed by
Lorena Zarat
Finance Director
Approved by:
Todd Bodem
City Administrator
SUBJECT:
RECOMMENDATION:
Payment of warrants for the period ending December 15, 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 December 22, 2022.
BACKGROUND:
Submittal of the listing of warrants issued by the City to vendors for the period and explanations for disbursement of these warrants. An exception, such as an emergency hand check may be required to be issued and paid prior to submittal of the warrant listing, however, this warrant will be identified as "Ratify" on the warrant listing.
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72 December 13, 2022 City of Guadalupe Council Meeting Minutes Page 1 of 14
MINUTES
City of Guadalupe
Regular Meeting of the Guadalupe City Council
Tuesday, December 13, 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 (Vacant)
Mayor Ariston Julian
The meeting was called to order at 6:00 p.m. All were present. (Note: The abbreviation “CM” will be used for “Council Member” in these minutes.)
2. PLEDGE OF ALLEGIANCE
3. AGENDA REVIEW
Mayor Julian requested that Item #16 go before Item #15.
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.
Mr. Bodem gave a brief background on the Consolidated General Municipal Election which was held on November 8, 2022 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 Z2022, regarding Transient Occupancy, placed on the ballot by the City Council.
The Certified Election Results confirmed 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 Z2022, Transient Occupancy Tax measure, received a total of 1,229 votes cast, which includes 646 “No” votes, and 583 “Yes” votes. As a result of the election, a majority of the voters did Agenda Item No. 6C
December 13, 2022 City of Guadalupe Council Meeting Minutes Page 2 of 14 not approve the increase of the Transient Occupancy Tax from 6% to 10% and other changes in Measure Z2022.
Motion was made by Council Member Cardenas and seconded by Council Member Robles to 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. Roll Call: Ayes: 4 No: 0 4-0 Motion passed.
5. PRESENT PROCLAMATION TO LILIANA CARDENAS
Mayor Julian read the proclamation expressing appreciation for her service as Council Member of the City of Guadalupe.
A portion of the proclamation read as follows: She was elected to serve in December 2018 and has dedicated four (4) years to the City, influencing growth and development in the City through commitment to her constituents and community as a whole.
Her level of commitment and kind service brought to Guadalupe will forever be the benchmark for future efforts to grow and sustain a solid city financial base. She made it a priority to translate in English and Spanish for monolingual Spanish speakers when they addressed the council members and staff in their native language.
Council Member Cardenas has brought respect, honor, and integrity to the City of Guadalupe, and various Committees and Commissions, by leading by example, exhibiting the highest level of ethics and maintaining a superior moral character. The City benefitted from her commitment of personal time, energy, knowledge, and strength in numerous matters and by her willingness to commit to difficult decisions which were in the City’s best interest.
In addition, Mayor Julian presented CM Cardenas with a plaque which expressed appreciation for her service from December 2018 to December 2022.
6. COUNCIL MEMBER LILIANA CARDENAS WILL BE GIVEN THE OPPORTUNITY TO SPEAK CM Cardenas said, “This is truly bittersweet. I have truly enjoyed my time here serving on the City Council. It has been an honor to have the opportunity to serve the community of Guadalupe as a City Council member. I thank the residents of Guadalupe for their trust in me for four (4) years. I hope to have represented you well. This is a group effort and these four (4) years as a council, along with staff, we have encountered many challenges and celebrated many accomplishments. Not to mention we went through a pandemic together.
So, we upgraded our parks, our downtown, our internal processes and much more. I believe in 2019 we passed about 400 resolutions or something like that, so we passed several, so we really hit the ground running. I must also mention that Guadalupe has the best streets in the County as well as the best Tobacco Ordinance. And I will also be taking some great wins like renovating our Le Roy Park.
I look forward to our next Council
December 13, 2022 City of Guadalupe Council Meeting Minutes Page 3 of 14 …everything our staff will be doing. I’m excited for all of our next projects like the Royal Theatre and everything. So, thank you so much for this opportunity to serve you all. I will see you soon…this is not a good-bye. I will be sitting on the other side then. Thank you.” Mayor Julian added, “She didn’t say much about herself. She never does. When she was a little kid, she helped build her home in Guadalupe. She probably couldn’t dig a hole or anything, but she helped her family build their home in Guadalupe. She also actually lived in Brazil for a little bit.
People don’t know that. She was also President of the first Guadalupe Lions Club and still active.
She’s president of that group.
Going through her education, she’s completed her master’s degree in business administration. She’s a professional person. She’s an example of what Guadalupe is about. Given the opportunity to grow and given the opportunity for education, she sets the tone for a lot of people who reside in Guadalupe. She’s an example of what can happen to all of our residents. I appreciate your time here.”
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 CM Costa, Jr.: “Thank you for the citizens who re-elected me, and I hope I can continue on. In the last four (4) years, we did a lot. The next four (4) years we can keep it rolling. Thank you.” City Treasurer Michaud: “I just want to thank the citizens of Guadalupe that still show trust in me to continue as City Treasurer.”
Mayor Julian: “These are my last two (2) years. Get ready…in a couple of years for the mayor’s position. I will do all I can to make sure everybody moves forward.” CM Hernandez: “I’m grateful to be sitting here with you all. I am a longtime resident of the City of Guadalupe. I am the first-generation Latina. My grandfather moved to the City of Guadalupe to find opportunity for his children and grandchildren to find a better tomorrow. I have worked in nonprofits for the last ten (10) years. Being a member of our community and working for organizations allowed me to learn where my passion is. It allows me, as a council member, to know the needs of the community which is why I chose to serve in this capacity.
I am also a mother, daughter, and sister. It is important that we help create a civic connection, build trust, and continue to help to connect the thoughts and needs to the democratic experience and the leaders of tomorrow. I hope to bring passion to bring community members and organizations December 13, 2022 City of Guadalupe Council Meeting Minutes Page 4 of 14 together and hope to bring equity to all. I look forward to serving the City as the next council member.
9. APPOINTMENT OF MAYOR PRO TEM
Mayor Julian appointed CM Costa, Jr. as Mayor Pro Tem, who then accepted.
10. CEREMONIAL CALENDAR
a. Proclamation – Lorena Zarate, Finance Director
Mayor Julian read the proclamation which expressed appreciation for her three (3) years of dedicated employment and service to the City.
A portion of the proclamation read as follows: Ms. Zarate was hired in November 2019 as Finance Director. As such, she did an excellent job overseeing the various functions of the Finance Department. She has displayed exceptional professional ability as Finance Director leading the department through many changes and developments. Her tireless dedication, generosity and spirit, and extraordinary work ethic have brought stability to the department’s financial operations.
Ms. Zarate briefly said, “Thank you so much for the opportunity, for the support, and the encouragement. I really appreciate this moment. Thank you so much, mayor.” Mayor Julian then said, “We have Mr. Robert Perrault who will be substituting, not substituting but will having the baton for a little bit until we find a Finance Director. So, thank you, Lorena. Thank you, Bob.”
b. Proclamation – Guadalupe Bulldogs and Bulldogs Cheer Team At 6:20 p.m. a short break was taken to hand out the proclamations in the City auditorium. A large number of Bulldogs, the Cheer Team and parents attended the presentation. Mayor Julian said, “I want to thank the parents for coming and appreciate everyone being here tonight. Let’s keep the athletic excellence going.”
CM Robles read the proclamation honoring the 2022 Central Coast Youth Foodball League Super Bowl Champions, Guadalupe Bulldogs, and Bulldogs Cheer Team.
A portion of the proclamation read as follows: The Guadalupe Bulldogs have been up and running since 2005. They had a fantastic season and won the Central Coast Youth Football League Super Bowl. The tam, coaches, parents, and family members served as examples of hard work and team spirit to achieve success both on and off the field. The Bulldogs Cheer Team supported the team in a very enthusiastic, amazing, and crowd-pleasing manner highlighting their teams’ hours of preparation to perfect their cheer skills.
The Guadalupe Bulldogs and Cheer Team are positive role models and great ambassadors of the City of Guadalupe and represent the future of Guadalupe. Youth involvement in team sports and Cheer Team membership provides for a positive spirit for youth, parents, and the community of Guadalupe.
December 13, 2022 City of Guadalupe Council Meeting Minutes Page 5 of 14 CM Robles then introduced Jeff Montero, head coach, and others who assisted with coaching. Emily Dreiling, Cheer Coordinator, and others were also introduced. Individual proclamations were then handed out to all the coaches, Cheer Team and players.
The City Council meeting then resumed at 6:31 p.m.
11. COMMUNITY PARTICIPATION FORUM
There were no requests to speak.
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
Motion was made by Council Member Costa, Jr. and seconded by Council Member Robles to approve the Consent Calendar. 4-0 Motion passed.
13. CITY ADMINISTRATOR REPORT: (Information Only)
December 13, 2022 City of Guadalupe Council Meeting Minutes Page 6 of 14 City Hall will be closed on the following days due to the upcoming holidays: Friday, Dec. 23rd Monday, Dec. 26th; Tuesday, Dec. 27th; Friday, Dec. 30th, and Monday, Jan. 2nd.
Mr. Bodem gave a Recreation and Parks update highlighting activities and improvements for city parks and facilities. Air quality monitors were installed at both parks and throughout the city. Access gates were installed at Le Roy Park to prevent vandalism and loitering. Procuring quotes for access gates at O’Connell for similar reasons. Security cameras were installed at Le Roy Park by public safety and cover the outdoor portion of the park and building.
Cassia is still contracted to take care of turf maintenance at both parks while the City maintenance worker handles bed management at both parks. With a large gopher presence at O’Connell Park, the department is working on cost efficient ways to mitigate this issue. O’Connell’s softball field was sprayed for weeds. Maintenance dealt with removing large branches at O’Connell Park that fell during the storm. Restrooms at both parks are checked every morning by the City maintenance worker.
At City Hall, painting was postponed due to weather concerns. Leaks in the hallway are currently being recorded. Landscaping and janitorial duties are handled by the City maintenance worker. The auditorium is being used by McKenzie Middle School for basketball and for volleyball and basketball drop-ins.
At the Veterans Hall, flood lights near the steps were replaced for safety purposes. The City maintenance worker handles janitorial and landscaping once a week, or more frequently as needed.
Past & Current Events: A Family Night was held Friday, 12/9, with the movie, Polar Express, shown and chocolate and popcorn served. On Monday, 12/12, the Recreation & Parks Commission and Recreation Services Manager met to judge all applications for the “Holiday Home Decorating Contest”. “Armed Forces Holiday Gathering” is scheduled for Saturday, 12/17 at the Veterans Hall to provide a fun environment and a feeling of “home” for those military personnel stationed at Vandenberg Space Force Base not able to be home for the holidays. A “Father/Daughter” dance is currently being developed. Other events were cited with updates to be given at future City Council meetings.
14. DIRECTOR OF PUBLIC SAFETY REPORT: (Information Only) Cameras outside at Le Roy Park have now been installed. At O’Connell Park, cameras are being installed.
Chief was appointed as the representative for California Police Chiefs Association League of Cities Revenue and Taxation Committee.
Saturday, 12/17, about 30-40 military personnel from VASB will be provided a meal and a sense of “home” for those not able to be home for the holidays. This will be at the Veterans Hall. The chef December 13, 2022 City of Guadalupe Council Meeting Minutes Page 7 of 14 who provides meals at the Senior Center will handle the cooking. The Dune Center will serve dessert and do tours. The Vietnam Veterans of America will provide a barbecue and wood. The Fire Department will donate soda and water. The Recreation Department has televisions hooked up, games, etc. The Base Commander has committed to come and the Chief invited the mayor and council to attend. Chief thanked the departments who assisted in pulling this event together to show the City’s appreciation to the military personnel stationed at VASB.
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.
Mr. Appel gave a brief background on the amendments to the Accessory Dwelling Unit Ordinance to be considered. In 2018 and 2019, staff updated the accessory dwelling unit (ADU) chapter of the Guadalupe Municipal Code (GMC). Other amendments to the State regulations have required additional revisions to the City’s local ordinance. In September this year, the governor signed two (2) bills which further reduced the ability of a local agency to regulation ADUs and Junior ADUs.
Staff has amended the local ordinance three (3) times in the last five (5) years. This current amendment relaxes height and setback requirements along with a few other changes. The state is trying to increase the height of attached and detached units. The GMC 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”, which is not the same thing as “public transit” as defined in the Government Code. The 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). A multi-family unit can have 18 feet; can exceed 16 feet and can go up to 25 feet.
Mr. Appel further discussed two new definitions that the state required, “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 processing.
It will distinguish the difference between 1) an application submittal being complete, and 2) reviewing the application to determine Application Completeness.
Some other changes discussed were: owner-occupied units; ADUs in multi-family buildings; Junior ADU shared restroom; parking exemptions, and encroachment into front yard setbacks. The state is December 13, 2022 City of Guadalupe Council Meeting Minutes Page 8 of 14 allowing the City to charge ADU applicants an additional fee to cover administrative costs of updating GMC Chapter 18.53.
Mr. Appel said that 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. HCD was contacted explaining that the January 1st deadline could not be met with only one meeting scheduled for December. The second reading would occur at the January 10, 2023 meeting. HCD replied stating the City would no lose control of our local ADU ordinance and our timing is fine.
Public Hearing opened at 7:26 p.m. No comments. Public Hearing closed at 7:27 p.m.
Motion was made by Council Member Costa, Jr and seconded by Council Member Robles to continue Ordinance No. 2022-506 to January 10, 2023 for second reading and adoption. Roll Call:
Ayes: 4 Nos: 0 4-0 Motion passed.
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. (Prior to the discussion of this item, CM Robles recused himself.) The property site at 840 Pioneer Street is on the northwesterly edge of the City on the west side of Pioneer Street. There is an existing home and garage which will be demolished for the project’s 8- unit apartments. The property is bounded by lands in unincorporated Santa Barbara County on the northwesterly and southwesterly sides. A narrow (20-foot wide) strip of unincorporated County land is adjacent on the northeasterly side of the project site.
There will be four (4) buildings. Two (2) buildings will be over carports. These upper-level apartments will have two-three bedrooms. The first-floor apartments will have three bedrooms. Each unit in the complex will have either a private deck or a private yard. A total of 16 parking spaces will be provided, two (2) in the carports and four (4) uncovered parking spaces. (Normally parking spaces would not be put in front of the buildings but the Guadalupe Municipal Code allows it.) There will December 13, 2022 City of Guadalupe Council Meeting Minutes Page 9 of 14 be landscaping in front of the parking. There will be new walls and low walls in front by the parking spaces.
This project is in compliance of with the Guadalupe Municipal Code regarding density, building setbacks, private yards, landscape, walls, and parking. One area that needs attention and will be in conformance is “Access”. The Fire Department requires a 20-foot driveway. It currently is 19-feet but will be widened to 21-feet. It supports General Plan objectives to re-use underutilized properties in locations where City services are already in place. It will add eight (8) multi-family housing units in convenient proximity to public transit and the downtown area. The apartment project is expected to provide a quality living environment for residents and should be a good addition to the neighborhood. This apartment project is exempt from CEQA: Class 32 Exemption.
Public Hearing opened at 6:53 p.m.
Mr. Appel commented that part of his presentation tonight (Item #15) dealt with Accessory Dwelling Units (ADUs). He said, “The state is allowing a number of new uses of multi-family properties. You can convert boiler rooms, garages, etc. There was a problem earlier in the year involving the Snowy Plover area. Architects showed they were going to convert to ADUs. Once you convert parking spaces, you don’t have to provide parking. The owner may want to convert parking, carport to ADUs.
I’d suggest adding a provision that parking spaces not be converted to ADUs.” Public Hearing closed at 6:56 p.m.
Mr. Horstman, applicant/designer MW Architects, questioned Fire Department Condition #57. Public Safety Impact Fee. He questioned the language in that condition stating, “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”. Chief Cash responded, “That’s standard language for impact fees. Paying for public safety requirements.” City Attorney Sinco then said, “I didn’t see this condition prior to tonight. I’m sympathetic on the term, ‘…as deemed necessary’.” It’s too vague. It needs to be grounded in some metrics…justified by some factual basis. Chief Cash is correct but can’t just say ‘as deemed necessary’.” Then Chief Cash added, “We used the same language on the Escalante Project. That’s how Fund 76 resulted.
Have put language in to have discussion because the City doesn’t have an ordinance now.” There was further discussion on rewording parts of Condition #57. Mayor Julian said that it seems that the applicant is agreeable to negotiate. City Attorney then suggested revised wording to read, “The project applicant shall pay a fee to benefit public safety based on identifiable impacts of the project on public safety at the time of issuance of a Certificate of Occupancy.” Mr. Scott said, “There’s another condition to be added. All required parking shall remain for the life of the project. The wording is, ‘No conversion of garages or carports shall be permitted for development of ADUs in order to remain compatible with the surrounding neighborhood’. This new December 13, 2022 City of Guadalupe Council Meeting Minutes Page 10 of 14 condition, shown under the heading, ‘City Council Condition’, as Condition #64. will be at the end of all the Conditions of Approval.”
Motion was made by Council Member Costa, Jr. and seconded by Council Member Hernandez to adopt Resolution No. 2022-108 approving Design Review 2022-056-DR, Conditional Use Permit 2022-066-CUP and a CEQA Notice of Exemption with revised language to Condition of Approval #57. and added Condition of Approval #64. for the 849 Pioneer Street Apartment project. Roll Call: Ayes: Julian, Costa, Jr. and Hernandez
Recusal: 1 Robles
3-0 Motion passed.
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.
A notice was posted for 30 days showing two vacant seats and the process to apply with a letter of interest. There were two (2) applicants: Michael Jimenez and Trevor Lamberson.
Mr. Lamberson was present at the meeting. He said, “I’ve been a resident of Guadalupe for one (1) year. I love being a part of the community and I love sports. I want to grow the community. I don’t see a lot of people out and about. I want to see more people outside and active.” Motion was made by Council Member Robles and seconded by Council Member Costa, Jr. to appoint Mr. Trevor Lamberson and Mr. Michael Jimenez to fill the two (2) vacant seats on the Recreation and Parks Commission for a four-year term each. 4-0 Motion passed.
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.
Mr. Bodem gave a brief background on this item. Council Member Antonio Ramirez resigned as of 11/29/2022. This was half-way through his four-year term which ends 12/03/2024. A notice was posted regarding this vacancy and the process to follow to apply before the deadline date of December 13, 2022 City of Guadalupe Council Meeting Minutes Page 11 of 14 12/06/2022. Five (5) letters of interest were received by the City Administrator. One applicant, Jesus Gomez, dropped out. The City Council could choose an applicant tonight or have the remaining applicants come back to the next meeting on 1/10/2023. The Government Code states that the 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. With Council Member Ramirez’ resignation date of 11/29/2022, the Council must make an appointment to fill the vacancy no later than 1/28/2023.
Mayor Julian said, “I’d have the four (4) applicants…would ask them to come to the January 10th meeting. The City Council would look at five (5) of the 15 proposed questions which are attached to the staff report. The four (4) applicants would be given about 15 minutes to answer those five (5) questions.” The mayor asked the council members if they concurred. There was consensus to have the four (4) applicants return to the January 10th meeting.
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.
At the April 12, 2022 City Council meeting, the City Council decided to select only two (2) applicants to move forward in the process of applying for and obtaining retail CCB permits. The Council selected SloCal Roots Management LLC dba Root One as one of these “prevailing candidates” (the term used in Chapter 9 of the Guadalupe Municipal Code). A second prevailing candidate was not selected at this meeting, due to the lack of majority support for any of the four (4) remaining CCB permit applicants. However, two (2) of the remaining (4) CCB permit applicants were selected to return to make another presentation.
On April 26, 2022, those two CCB permit applicants, BDSF 1Holdings LLC dba Element 7 Guadalupe (“Element 7”) and LGBA Management LLC dba The Roots Dispensary (“The Roots Dispensary”) gave presentations. “Element 7” was then selected as the second “prevailing candidate. However, City Attorney Sinco stated that a procedural irregularity requires the City Council to consider rescinding the selection of “Element 7”. At the July 12, 2022 meeting, the City Council voted to rescind its selection of “Element 7”. After a second presentation by “Element 7” and “The Roots Dispensary” on August 16 2022, the Council selected “Element 7”
At the September 13, 2022 City Council meeting, it was subsequently recommended that the three (3) unsuccessful applicants be denied their applications but be put on an eligibility list for future consideration should one (1) or both of the prevailing candidates fail to meet the remaining requirements. In addition to establishing an eligibility list, the City Council gave staff direction to develop a timeline in which the prevailing candidates needed to meet remaining requirements.
December 13, 2022 City of Guadalupe Council Meeting Minutes Page 12 of 14 Mr. Bodem said, “Upon approval by the City Council, the three (3) remaining applicants not selected would be put on his eligibility list and ranked. We will come back with an ordinance on timeline for selected prevailing candidates to open their businesses.” Mayor Julian said, “I really want to get to the timeline. Nothing is happening now.” City Attorney Sinco said, “We will create an eligibility list along with timelines. HDL advised us that that would require an ordinance change. Also, Mr. Bodem said in his City Administrator report that the eligibility list would have ranking. We don’t need ranking as the Council had agreed that all applicants had passed.”
Motion was made by Council Member Costa, Jr. and seconded by Council Member Hernandez to approve the proposed Eligibility List Policy and Procedure and placing the three (3) applicants not selected as prevailing applicants. 4-0 Motion passed.
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.
On January 12, 2020, the City Council adopted the Short-Range Transit Plan (SEP). This document was the culmination of public outreach and evaluation of existing transit services and can be found on the City’s website at www.ci.guadalupe.ca.us under Miscellaneous Documents.
On July 1, 2022, changes were implemented. The existing on-demand shuttle service was eliminated.
Two fixed routes were established: 1) a local route that runs every half hour through Guadalupe, and 2) an express route that runs hourly between the City of Guadalupe Amtrak station and the City of Santa Maria transit station. Both routes meet up at the City of Guadalupe Amtrak station at the bottom of the hour.
City staff had gathered data to evaluate the success of these changes. Success is defined as improved ridership without loss of revenue. From July to October, data was shown. For the first three (3) months, ridership was down. However, in October, ridership and revenue were back up as compared to October 2019. The City had initially provided free transfers between two routes, but due to abuse, that changed to offering day passes for unlimited rides. The ridership for seniors was down and staff is working with Los Amigos de Guadalupe to encourage public transit use to the Senior Center for daily meals.
Ms. Sweeney requested direction from the City Council on two (1) items: 1) due to a residential complaint, move the bus stop at W. Main Street and Montez Street to be closer to the shopping center, and 2) Amtrak improvements: go forward with improvements using AHSC grant funding, $450,000 or wait to apply for additional funding through Clean California Cycle 2, applications due mid-2023, which would put off any improvements. There was consensus from the City Council to: 1) December 13, 2022 City of Guadalupe Council Meeting Minutes Page 13 of 14 not move the bus stop at W. Main Street and Montez Streets, and 2) wait to be able to add more improvements to the Amtrak station.
21. FUTURE AGENDA ITEMS
No additional items added to the future agenda items.
22. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS
CM Robles: At the food distribution, on Thursday, 12/1, there was a shortage of food. Only three (3) pallets were delivered. Mayor Julian mentioned that the Food Bank had sick staff. Normally, there are about ten (10) pallets of food delivered. Los Amigos de Guadalupe had extra food to add to what was distributed.
CM Hernandez: The Dunes Center is sponsoring five (5) concerts. The first concert with Mariachi Garibaldi will be held on 1/15/2023. These concerts will run through April.
Mayor Julian:
SBCAG had a meeting on 12/14 as did APCD.
On 12/8, Cal-Vans held a zoom meeting. They have a fund balance of $29M. There are 423 Cal-Van vehicles for ag related businesses in California with 98 non-ag related businesses. Santa Barbara County has 44 vehicles.
The Guadalupe Senior & Community Center will re-start its 15-member committee, comprised of non-profit organizations, City of Guadalupe staff, and at-large representatives. Meeting with LADG and City to establish working relationship.
3C (Central Coast Community Energy) will hold a special board meeting on 12/14/2022. Guadalupe shares a seat with City of Solvang.
On 12/1, the Santa Barbara Food Bank had a total of 212 distributions (191 participants, with 21 home deliveries). The Food Bank is operated by City of Guadalupe and volunteers. North County Food Bank volunteers are needed 12/23/2022 to prepare items for distribution during Christmas and New Year services. 10:00 a.m. at their Foster Road address. Just show up to help bag food.
23. ADJOURNMENT TO CLOSED SESSION MEETING
The meeting was adjourned to closed session. Items to be discussed: 1) Public Employment (Pursuant to Government Code Section 54957(b)): Title: Director of Public Safety and 2) 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.
December 13, 2022 City of Guadalupe Council Meeting Minutes Page 14 of 14 Motion was made by Council Member Costa, Jr. and seconded by Council Member Robles to adjourn to closed session. 4-0 Motion passed
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
Motion was made by Council Member Costa, Jr and seconded by Council Member Hernandez to adjourn to open session. 4-0 Motion passed. Meeting adjourned to open session at 8:38 p.m.
27. CLOSED SESSION ANNOUNCEMENTS
No reportable action.
28. ADJOURNMENT
Motion was made by Council Member Costa, Jr. and seconded by Council Member Robles to adjourn. 4-0 Motion passed. Meeting adjourned at 8:39 p.m.
Prepared by: Approved by:
___________________________________ ______________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
Ordinance 2022-506 Page 1 of 2 January 17, 2023
Agenda Item No. 6D
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of January 17, 2023
__________________________________ __________________________________ Prepared by: Approved by:
Larry Appel, Contract Planning Director Todd Bodem, City Administrator SUBJECT: Continuance of second reading and adoption of Ordinance No. 2022-506 amending Chapter 18.53 (Accessory Dwelling Units) to the regular City Council meeting to be held on January 24, 2023.
RECOMMENDATION:
It is recommended that the City Council continue this item to the regular Council meeting of January 24, 2023, for the second reading and adoption of Ordinance No. 2022-506 (Attachment 1), amending various sections of Chapter 18.53.
BACKGROUND:
On December 13, 2022, the City Council heard a presentation from the Planning Director on the proposed amendments to the Accessory Dwelling Unit (ADU) ordinance. Some questions were asked by Council, but no changes were required to the draft text. At the conclusion of the hearing, Council approved the Introduction and First Reading of the ordinance and continued the item to January 10, 2023, for second reading and adoption.
Due to the cancellation of the Council meeting on January 10, 2023, pursuant to the emergency proclamation issued by the City Administrator/Director of Emergency Services as authorized by Chapter
2.32 of the Guadalupe Municipal Code , as a result of severe weather conditions and a resulting threat Since an ordinance cannot be adopted on a second reading at a special Council meeting, Ordinance No. 2022-506 cannot be adopted at this meeting.
DISCUSSION:
Since the ordinance cannot be adopted at this special meeting, the Council should continue this item to the regular meeting of January 24, 2023, for the second reading and adoption of Ordinance No. 2022- 506.presented a summary of the various sections of the draft ordinance. It was explained that the changes for the most part were due to revisions signed into law by the governor this past September.
Ordinance 2022-506 Page 2 of 2 January 17, 2023
FISCAL IMPACT:
Minor reduction in revenues due to the need to update the City’s fee schedule. Staff will return with a recommendation to address a possible increase in processing fees to cover the added staff time necessary to process ADU applications and the annual modifications to the zoning ordinance.
ATTACHMENT:
1. Ordinance No. 2022-506
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, for second reading and adoption.
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 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 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 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, 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.
4. Building Codes. Local building code requirements apply to attached and detached ADUs and attached JADUs, as appropriate.
5. Passageway. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.
6. 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
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
13. 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 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.
D. 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
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 13th day of December 2022, by the following roll call vote:
MOTION: EUGENE COSTA JR. / GILBERT ROBLES
AYES: 4 Councilmembers: Hernandez, Julian, Costa Jr. Robles NOES: 0
ABSENT: 0
ABSTAINED: 0
PASSED AND ADOPTED at a regular meeting of the City Council on the 24th day of January 2023, by the following vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAINED:
Ordinance No. 2022-506 Page 9
ATTEST:
__________________________________ ______________________________ Todd Bodem, Deputy City Clerk Ariston Julian, Mayor
APPROVED AS IS TO FORM:
___________________________________
Philip F. Sinco, City Attorney
Agenda Item No. 6E
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of January 17, 2023
________________________________ __________________________________ Prepared by: Approved by:
Michael Cash, Director of Public Safety Todd Bodem, City Administrator SUBJECT: Donation of nine (9) cases of soda and water to the Guadalupe Fire Department from the Reyes Coca-Cola Bottling Company to assist the “City of Guadalupe Armed Forces Holiday Gathering” for Military Personnel from Vandenburg Space Force Base.
RECOMMENDATION:
It is recommended that the City Council adopt Resolution No. 2023-01 accepting the donation of nine (9) cases of soda and water to the Guadalupe Fire Department from the Reyes Coca-Cola Bottling Company to assist the “City of Guadalupe Armed Forces Holiday Gathering” for Military Personnel from Vandenburg Space Force Base.
BACKGROUND:
On December 15, 2023, the Reyes Coca-Cola Bottling Company donated nine (9) cases of soda and water to the Guadalupe Fire Department to assist the “City of Guadalupe Armed Forces Holiday Gathering” for Military Personnel from Vandenburg Space Force Base. This event is to further develop and strengthen our partnership and to showcase the city to our military neighbor.
FISCAL IMPACT:
The fiscal impact of this donation will assist the fire department with the “City of Guadalupe Armed Forces Holiday Gathering” for Military Personnel from Vandenburg Space Force Base.
ATTACHMENTS:
1. Resolution No. 2023-01 “A Resolution of the City Council of the City of Guadalupe, California Accepting a donation in the amount of nine (9) cases of soda and water to the Guadalupe Fire Department from the Reyes Coca-Cola Bottling Company to assist the “City of Guadalupe Armed Forces Holiday Gathering” for Military Personnel from Vandenburg Space Force Base.
Michael Cash
RESOLUTION NO. 2023-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA ACCEPTING A DONATION IN THE AMOUNT OF NINE (9) CASES OF SODA AND WATER TO THE GUADALUPE FIRE DEPARTMENT FROM THE REYES COCA-COLA BOTTLING COMPANY TO ASSIST THE “CITY OF GUADALUPE ARMED FORCES HOLIDAY GATHERING” FOR MILITARY PERSONNEL FROM VANDENBURG SPACE FORCE BASE.
WHEREAS, On December 15, 2023, the Reyes Coca-Cola Bottling Company donated nine (9) cases of soda and water to the Guadalupe Fire Department to assist the “City of Guadalupe Armed Forces Holiday Gathering” for Military Personnel from Vandenburg Space Force Base; and WHEREAS, Government Code 37354 provides that the City Council may accept or reject any gift, bequest, or devise made to or for the city, or to or for any of its officers in their official capacity or in trust for any public purpose.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Guadalupe as follows:
Section 1. That the City Council accepts the nine (9) cases of soda and water to the Guadalupe Fire Department from the Reyes Coca-Cola Bottling Company to assist the “City of Guadalupe Armed Forces Holiday Gathering” for Military Personnel from Vandenburg Space Force Base.
Section 2. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.
PASSED, APPROVED AND ADOPTED at a special meeting held on the 17 th day of January 2023 by
the following vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAINED:
I, Todd Bodem, Deputy City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2023-01, has been duly signed by the Mayor and attested by the City Clerk, all at a special meeting of the City Council, held January 17, 2023, and that same was approved and adopted.
ATTACHMENT 1
ATTEST:
______________________________ ____________________________________ Todd Bodem, Deputy City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
______________________________
Philip F. Sinco, City Attorney
Agenda Item No. 6F
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of January 17, 2023
________________________________ __________________________________ Prepared by: Approved by:
Michael Cash, Director of Public Safety Todd Bodem, City Administrator SUBJECT: Donation of $1,100.00 to the Guadalupe Fire Department from the Santa Maria Elks Lodge No. 1538 for purchase of candy for the Guadalupe Christmas Parade.
RECOMMENDATION:
It is recommended that the City Council adopt Resolution No. 2023-02 accepting the donation of $1,100 to the Guadalupe Fire Department from the Santa Maria Elks Lodge No. 1538 towards the purchase of candy for the 2022 Guadalupe Christmas Parade.
BACKGROUND:
On November 21, 2022, the Santa Maria Elks Lodge No. 1538 delivered several checks in the amount of $1,100.00 to the Guadalupe Fire Department towards the purchase of candy for the Guadalupe Christmas Parade. The group regularly donates funds each year to assist the fire department and support the Guadalupe Christmas Parade.
FISCAL IMPACT:
The fiscal impact of this donation will assist the Fire Department with the purchase of candy and support the Guadalupe Christmas Parade.
ATTACHMENTS:
1. Resolution No. 2023-02 “A Resolution of the City Council of the City of Guadalupe, California Accepting a donation in the amount of $1,100 for the Guadalupe Fire Department to assist with the purchase of candy for the 2022 Guadalupe Christmas Parade.
Michael Cash
RESOLUTION NO. 2023-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA ACCEPTING A DONATION IN THE AMOUNT OF $1,100.00 FOR THE GUADALUPE FIRE DEPARTMENT TO ASSIST IN PURCHASING CANDY FOR THE 2022 GUADALUPE CHRISTMAS PARADE WHEREAS, On November 21, 2022, the Santa Maria Elks Lodge No. 1538 offered to donate $1,100.00 to the Guadalupe Fire Department towards the purchase of candy for the Guadalupe Christmas Parade; and
WHEREAS, Government Code 37354 provides that the City Council may accept or reject any gift, bequest, or devise made to or for the city, or to or for any of its officers in their official capacity or in trust for any public purpose.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Guadalupe as follows:
Section 1. That the City Council accepts the $1,100.00 donation from the Santa Maria Elks Lodge No 1538 on behalf of the Guadalupe Fire Department and hereby directs the Director of Public Safety to prepare a letter of appreciation to the Santa Maria Elks Lodge No 1538 for this donation.
Section 2. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.
PASSED, APPROVED AND ADOPTED at a special meeting held on the 17 th day of January 2023 by the
following vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAINED:
I, Todd Bodem, Deputy City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being C.C. Resolution No. 2023-02, has been duly signed by the Mayor and attested by the City Clerk, all at a special meeting of the City Council, held January 17, 2023, and that same was approved and adopted.
ATTEST:
______________________________ ____________________________________ Todd Bodem, Deputy City Clerk Ariston Julian, Mayor
ATTACHMENT 1
APPROVED AS TO FORM:
______________________________
Philip F. Sinco, City Attorney
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: January 2, 2023 Planning Report Covering December 2022
MINISTERIAL PROJECTS
Zoning Clearances Approved 3
Zoning Clearances Denied 0
Zoning Verification Letters 0
Business Licenses Approved 1
Business Licenses Denied 0
ADUs approved 0
AUP for short-term rental 0
DISCRETIONARY PROJECTS
The following projects are in for Planning Department review and have been worked on during December:
2022-016-GPZ Snowy Plover map and design review remain Incomplete
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 amended to a MERGER.
Application approved by PW Director December 2022.
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. Ordinance 2022-506 – Amendments to ADU ordinance approved December 13, 2022 Agenda Item No. 6G 1.
Ministerial Permit Report– December 2022
(Reported 1-2-2023)
Zoning Clearance Approvals
2022-085ZC Navarro rear paving (ZV) 5000 Pelican Street 2022-089-ZC Cuevas front paving 5124 Sandpiper
2022-094-ZC Rivas front paving 153 Point Sal Dunes
ADU ApprovalsNone
Business License Approvals
Pinapple Pups Training dog training 4443 Elm Street
Business License Denials
None
Guadalupe City Planning Department
Planning Processing Summary for December 2022
(1-2-23 update)
Case No. Name Submittal
Date
Comp. Date Status OK for Bldg.
Permit Issuance
2022-063-LM 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
2022-027-CUP
2022-030-DR
Kimbell Apartments COMP
8-28-22
Approved November 8, 2022 Yes
2022-056-DR
2022-066-CUP
Pioneer Street Apts.
Design Review &
CUP
July 7, 2022 COMP 8-28-
22 Project approved at 12-13-22 Council
Meeting
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 // 1-2-23
Agenda Item No. 6G 2.
Inspection Report - December 2022
1 Public Works/Engineering Report
December 2022
Development
Pasadera
On December 28, the City received updated information on the Flower Street water line installation. This project is awaiting Caltrans approval for the encroachment permit to cross Highway 166.
151 Obispo
City staff met with 151 Obispo business owners to discuss plans for meeting the City requirement that the substandard sewer line be addressed. After discussion, the business owners will be moving forward with downsizing their water meters to minimize the potential for overflowing the City’s sewer main.
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 fiber-optic cable infrastructure for high-speed Internet. Encroachments that involved aerial work were approved. Only one micro trenching encroachment permit will be approved 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. In addition, the contractor did not complete the work in a satisfactory manner prior to the start of the paving project. As result, city staff has spent a considerable amount of time coordinating these two projects. While this encroachment has been challenging, City staff learned numerous improvements and protections to include in future encroachment permits for this type of work.
Agenda Item No. 6G 3.
2 On December 1, staff signed the offsite public improvements required for the LaGuardia townhomes project. 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.
General
Frontier Communications
On December 1, the City received permission from Frontier Communications to paint the electrical box on 9th Street east of Guadalupe Street. This box has been tagged with graffiti for some time.
Trees
The City received two quotes for Guadalupe Street tree trimming on December 1, ranging from $17,925.00 to $18,525.00 for maintenance on 55 trees. ACE Tree Service began work on December 22. Work is expected to continue through the month of January. This work requires coordination with Caltrans as these trees are in the Caltrans right-of-way.
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 December including:
• December 1: Build desk for Public Works Engineer’s office. • December 2: Check and clean all storm drains between December 1 rainstorm (0.4 inches) and December 3 rainstorm (0.6 inches).
• December 5: Coordinate traffic control for parade with City staff. Assist with plaque installation at Leroy Park. Follow up on micro trenching and mail box issues associated with installation of fiber-optic cable. • December 6: check storm drains for storm anticipated on December 10. Trim bushes Santa Barbara and West Main to clear area for placement of her. • December 7: Set up no parking zones for parade. Attend field construction meeting for 2022 pavement rehabilitation project.
• December 8: Set up barricades and traffic control plan for parade. • December 12: Clean up after substantial weekend storm that included 1.71 inches of rain and heavy winds that dropped numerous tree branches. Cleared clogged storm drains. Assisted Parks in disposing of a very large branch from a tree at O’Connell Park.
3 • December 13: Remove no parking signs and barricades that were set out for the parade.
• December 14: Attend weekly field meeting for 2022 pavement rehabilitation project.
• December 16: Weeding. Clean Amtrak station.
December 21: Attend weekly field meeting for 2022 pavement rehabilitation project. Prepare City for holiday weekend.
• December 23-27: Holiday
• December 28-29: Staff vacation
• December 30: Holiday
The Public Works Director participated in the following meetings in December:
• December 1: SBCAG Technical planning advisory committee and technical advisory committee. Central Park monthly progress meeting. • December 5: Public Works staff met with Finance staff to tie up loose ends with Finance staff turnover
• December 6: Discussion of Leroy Park phase 2 operating budget with Facilities in preparation for grant application completion.
• December 7: Weekly field meeting, Guadalupe effluent pump station project, weekly field meeting for 2022 pavement rehabilitation project. Public Works presentation at Guadalupe Business Association.
• December 8: Highway 1 lift station bid documentation preparation with consultant. Meeting with 151 Obispo business owners to coordinate completion of Conditions of Approval.
• December 9: Meeting with 2022 pavement rehabilitation project inspector to observe field conditions
• December 12: Pre-paving meeting with 2022 pavement rehabilitation project contractor. Review Earth Systems proposal with Earth Systems and project inspector.
• December 13: Second stakeholder workshop on draft guidelines of the Clean California local grant program. Meeting with CDBG on the OTC waitlist for the sewer capital projects.
• December 14: Weekly field meeting, Guadalupe effluent pump station project, weekly field meeting for 2022 pavement rehabilitation project. • December 15: Electric vehicle charger webinar. 3CE technical advisory committee meeting. Recreation and Parks Commission meeting to discuss Central Park conceptual design.
• December 16: SBCAG quarterly meeting.
4 • December 19: Discussion with City of Santa Maria staff, Caltrans, SBCAG, regarding traffic congestion on Highway 166.
• December 21: Weekly field meeting, Guadalupe effluent pump station project, weekly field meeting for 2022 pavement rehabilitation project. • December 23 – 27: Holiday.
• December 28: Meeting with Frontier Communication to coordinate remaining work that conflicts with the 2022 pavement rehabilitation project. Weekly field meeting for the 2022 pavement rehabilitation project. Meeting for wastewater treatment plant aerator selection.
• December 30: Holiday.
Parks
Central Park
Staff worked with the design consultant for the Central Park Renovation Project on several items in the month of December, including monthly progress and update to the Recreation Commission. On December 29, the consultant provided the conceptual design package along with an updated assessment. The cost estimate is above the grant amount so City staff will be working with the consultant to adjust costs to stay within the grant amount.
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.
Streets
2022 Pavement Rehabilitation Project
Construction on this project began on December 5. Concrete work was scheduled to be completed during the month of December, with pavement rehabilitation scheduled for the month of January. However, significant rain events the last week of December have greatly impacted the schedule. The consultant has requested and staff have approved numerous rain days, which will extend this project well into February. This project has required significant staff attention due to several curb ramp redesigns, unanticipated underground conditions, rescheduling due to rain, the holidays, supply chain issues (the asphalt plant shut down because of equipment failure on a critical business day), and trying to accommodate the installation of conduit and fiber optics for high-speed Internet in the same location so that brand-new asphalt will not need to be torn up just after installation. To add to the challenge, the subcontractor to Frontier Communications 5 performed subpar work, much of which needs to be redone to meet City standards or even their own plans.
LaGuardia sidewalk installation
On December 1 staff approved the LaGuardia townhomes 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.
Transit Asset Management (TAM) Plan
City staff completed the TAM plan and uploaded it to the transit website Blackcat on December 1. This document was first created in 2010 is required to be updated a minimum of once every four years. The City received word on December 28 that the submitted plan was deemed complete and does not need to be redone until October 2026.
Water
AMI
$200,000 for the automated metering infrastructure (AMI) project phase 1 is budgeted in the fiscal year 22 – 23 budget. A critical element of this project is to convert the 503 meters in routes eight and nine that are manual read and are not compatible with the automated meter reading technology, which is needed to work with AMI. This work was already anticipated and budgeted for this project. The expense to purchase these meters is $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 were delivered mid-December.
Obispo Well
On December 5, the shaft seal was replaced on Obispo Well.
State Water
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 6 the approximately 5 miles of pipe from the turnout to the City no longer met drinking water standards. When the State Water system was put back online on December 22, City staff drew highly disinfected water into the pipe while discharging existing nonpotable and unchlorinated 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. Water operators Jaime Vidales and Joe Sagisi were incredibly flexible during this holiday week and changed their work days to accommodate the changing schedule caused by a math error on the part of CCWA staff.
On December 1, CCWA project participants were informed that the initial State Water allocation for 2023 is 5%. This is good news, as there was some indication that we would receive no allocation because of low reservoir levels. Since December 1, snowfall in northern California has been higher than average, increasing the potential for higher allocation.
Wastewater
Regulatory
One very small overflow occurred in December 2022 on December 24. Foam was observed coming out of a manhole downstream of Taylor Farms. It was determined that the foam was due to cleaning products. The overflow volume is estimated to be less than 1 gallon.
As of January 3, the wastewater treatment plant had no violations the month of December (some December lab reports still pending).
On December 16, the City received a revised Monitoring and Reporting Program from the Regional Water Quality Control Board (Board) that is to be implemented by January 1, 2023. Not only does the revised program involves significant changes to sampling locations, methodology, and constituents, the Board only gave the City two weeks to implement the revised plan, during a time of significant staff holiday and vacation. Despite these challenges, staff will implement these changes as required. Staff was notified the Board that the new effluent sample locations are not representative of the water leaving the plant, and will result in apparent violations in effluent water quality where none exist.
We have already requested that the Board provide adequate time for the City’s consultant to prepare technical memo evaluating our discharge sample point. This was communicated again to the board in an email on December 22 that said:
The City will conduct the grab sampling starting January 1 as indicated in the revised MRP. Please note that as mentioned before, the effluent sample points you have identified at the end of each of the processes are not representative of the discharge of this plant and should not be considered compliance points. The City has requested that the Regional Board consider the effluent monitoring manhole, which is a blend of 7 the two treatment processes. The Regional Board responded with a request for a signed and stamped memo indicating that this sample point is representative of the blend of the two treatment processes. To this end, the City has retained a consultant to conduct this evaluation. See attached agreement. By March 1, 2023, this memo is scheduled to be completed, at which point the City respectfully requests that the Regional Board reconsider the effluent manhole as the compliance point.
In addition, the City was issued a Notice of Violation of its sewer collection system on December 19 for having sewer overflows between April 15, 2008 and January 28, 2021, for not having a fats, oils, and grease control program, for not updating its sanitary sewer management plan, for not auditing its sanitary sewer management plan, and for not having records of training. This Notice of Violation follows an inspection held on September 26, 2022. Staff explained to the regulator that we have been focusing our energies on reducing overflows (replacing 3000 feet of sewer main, installing sewer monitors to minimize overflows, and moving forward on Highway 1 Lift Station replacement) and reducing effluent violations of the wastewater treatment plant (fixing grit system, cleaning Biolac basin, reinstituting AIPS system, and replacing aerators), and the remaining items were in progress. The Board wants these items now. City staff will need to prioritize these items requested by the Board.
Aerators
As reported last month, the second of three aerators failed in the Advanced Integrated Pond System (AIPS). $48,000 is available in this year’s fiscal budget to replace a minimum of two aerators. Staff had 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. On December 28, staff reviewed the data already provided by the consultant, and because of the variability in the design of available aerators, found it difficult to compare them on an equivalent basis. To compare them side-by-side, staff compared six different aerators on a cost per pounds oxygen transferred per hour. This cost ranged from $289.82 to $928.29 per pound O2 delivered per hour. The least expensive option at a cost of $13,041.73 per aerator is well within the budgeted amount. Staff ordered two units on December 29 to replace the two failed units. These aerators are expected to be installed by the end of January. Wastewater operator Devin Valdivia did a considerable amount of work on this project confirming suitability of the chosen product, verifying adequate power requirements, purchasing appropriate ancillary equipment, and checking with his online wastewater group for any reviews on the chosen aerator manufacturer.
Effluent Pump Station Rehabilitation
This project involves the rehabilitation of the effluent pump station at the wastewater treatment plant. Project construction began in earnest once PG&E disconnected power on December 9. The majority of this project was scheduled to be completed in early 8 January; however, inclement weather may delay completion. In the meantime, the effluent pump station is not functioning, making this project vital at this time.
Highway 1 Lift Station Rehabilitation
In December, City staff continued to work with the design consultant on some final details associated with this project. This project is scheduled to be advertised for construction January 6. Current engineer’s estimate for this project is $1,260,000.00 9 Project
# Account # 2022-23 TOTAL
2022-23 Spent/
Encumbered December 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 $ 8,000 $ Awarded089-407 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 $ 4,427,897 $
Completed/Cancelled
PROJECT DESCRIPTIONS
Financial Accounting Software
City of Guadalupe
Capital Improvement Projects Budget - Fiscal Year 22-23 General Plan UpdatePublic Facilities Master Plan (w/ parks & library)American Legion wood repairBuilding improvements (PD Electrical, misc)City Hall Upgrades (roof & assoc. building repairs)CDBG (Central Park)11th st multimodal path designStreet Rehabilitation FY 22/23Sidewalk repairsLa Guardia SidewalkStorm Drain ImprovementsElevated Tank Repairs/Evaluate Antenna RevenueAdvanced Metering Infrastructure Phase 1SCADA ImprovementsWest Main WaterlineBonita Tank DemolitionEffluent Irrigation Pump Station RehabilitationHwy 1 Lift StationAIPS vaultEV Bus and chargingAmtrak Train Station Rehab (design) CITY ADMINISTRATOR’S REPORT
January 17, 2023
(Information below may be subject to change)
HAPPY NEW YEAR – 2023!
1. Potential Offsite Sign Locations – Dunes Center
The Contract City Planner, Councilmember Hernandez, Mayor, and City Administrator met with the Dunes Center Executive Director to review the City's Sign Code, as it relates to the Dune Center Grant and offsite signage for a grant supporting the proposed project. The signage is to direct people to the Dunes, etc. It has come to staff’s attention a "maximum" of four signs can be allowed. The four-sign maximum includes any signs already on the Dunes Center property. Therefore, if there are already two signs existing at the Dunes Center, only (2) two additional signs can be allowed in other City owned locations. Also, only the City can place signs in the public street rights-of-way and city owned property. Therefore, signs along streets, in parkways or medians, will likely not be permitted. According to the City Planner, the Dunes Center has a unique and imaginative sign program, and the city knows these regulations can be a bit complicated to sort out. More working being done on this exciting project……
2. Office of Assemblymember Gregg Hart
California State Assembly, District 37 Office Assemblymember Gregg Hart’s team contacted the City Administrator and said they are here to assist the City of Guadalupe with any State issues or items of regional interest. Their team will reach out to the city to set up a meeting soon. In the meantime, they suggested that city staff contact Hart if there are any ways that they can be helpful to you. We’ll do the same.
3. HWY 1 – Caltrans Guadalupe Street ADA Project: Letter Campaign For the past year or two, the City and Guadalupe Business Association (GBA) has been working on requests for changes to Guadalupe Street that would make it safer for cars, bicycles, pedestrians, and buses in addition to laying the groundwork for high-speed Broadband and the beautification of that street. To address these improvements to Guadalupe Street, the City is making a number of requests to Caltrans as part of their upcoming ADA/Streets Project of Guadalupe Street. Get it done at the same time.
Several in the City want these changes to Guadalupe Street but to date Caltrans has disregarded all these improvements. Shannon Sweeney, the Public Work Director for the City has asked if the GBA could get people to sign letters to show Caltrans that the community cares about what will be done!
Agenda Item No. 7
The opportunity to make these changes will close once Caltrans "finalizes" their ADA project's scope of work. The next opportunity might be years away. Council needs to have an official review of this.
4. January 5th Guadalupe Foodbank
Due to an anticipated rain event, the food distribution was modified, and a plan of action was contemplated on how to keep providing food commodities to residents in anticipation of the projected rain and wind. Therefore, on Thursday, the trucks were unloaded and bagged for a food distribution to be held on Saturday, January 7 between 10 a.m. and 1 p.m.
5. Welcoming Military Personnel for Christmas (12-17-2022) Below is the very nice message from the Mayor expressing a thank you to Chief Michael Cash and others for spearheading the December 17, 2022 Welcoming of the nations Military Personnel held at the Vets Hall.
“Good Morning:
Chief Cash as the “Point of the Spear” and the cast of many others, deserves a great deal of gratitude and thanks for the exceptional event this past Saturday hosting local Vandenberg and Guardian personnel at the Guadalupe Veterans Building. The local young Airmen and Women who attended made me feel very proud of our community and how it could hold hands to recognize and support those serving our country. And as significant was the fact that local veterans in attendance saluted those currently serving for their commitment to serving our nation. Personally, it brought me back 54 years ago when far away from home on the Christmas holidays sitting in my frozen Illinois barracks wishing I was home with family. The event this past Saturday, welcomed those service people to our home, their home, in Guadalupe.
I was very impressed with your efforts, Chief Cash, in bringing together those from many segments of our community, veterans, private citizens, the old and the young, to help lift up our service people during the Holidays. You, Chief Cash, brushed aside political side bars to focus on welcoming everyone to Guadalupe, and to the Veterans Building: It was especially important to open up our local Veterans building to provide words of gratitude, great food prepared by Marcos and a literal army of helpers who were all instrumental in welcoming troops from Texas, Maine, Indiana, Los Angeles, Florida, Washington, etc., and other parts of this great nation.
The Saturday event also dovetailed into the wreath laying at the local Cemetery, which also brought a community together for the purpose of recognizing not only the current enlisted personnel but to thank our brother and sister veterans who were also present and those who have passed.
To this last point of local Veterans attending, how much powerful a tribute can one has when we have the local Donut Group in attendance, the CCVVA representatives in attendance to recognize our Vandenberg brothers and sisters, but also to have Mr. Harry Masatani bless this event with his attendance? A special “salute” to the CCVVA group in attendance and to announce on 12/10/22 that those veterans who were able, to attend this past Saturday’s tribute welcoming of our local enlisted personnel. We know that more CCVVA would have been attending in mass but were serving the local veterans with wreath laying at the Arroyo Grande Cemetery. A thanks to Deek and the CCVVA for recognizing every enlisted person, every veteran, and every family member of the latter.
Chief Cash, you pulled off an event with perfection by coordinating with the help of others, of course:
We all know that you were the “Ring Master, Point of the Spear” to make this happen. When you can “encourage” city Public Safety, Parks and Recreation, City council representatives, Rancho Guadalupe Historical Society, The Dunes Center, and the general public, to break bread and not heads, this is a great accomplishment.
Thanks again Chief Cash for your service far above the “Call of Duty” to make this happen. Equally, thanks to all of you who helped make this a very important event and message that Guadalupe and Santa Maria Valley residents, support our enlisted personnel and all veterans.
To all, God Bless, Merry Christmas, and Happy New Year……...”
6. 3CE 2022 Year in Review.
It’s been an incredible year at 3CEnergy with significant results across the agency. While not exhaustive, a few highlights include:
a. Five generation facilities coming online – Geothermal, Wind, Solar Plus Storage b. Expansion to the City of Atascadero
c. Finalizing a new energy storage agreement with an emerging technology in support of our increasingly renewable grid
d. Expanding our analytic capabilities through new partnerships and recasting our Energy Risk Management reporting
e. Approving a new investment strategy
f. Reimagining 3CE’s website and social media engagement g. Driving significant engagement with Energy Programs and managing 3CE’s most significant program delivery to date
h. Developing and delivering on Member Agency Services and Programs i. Four separate all-electric new housing projects came online with 3CE funding j. Working with the CAC Chair to establish a Community Advisory Council Work Plan that focuses the CAC’s engagement
7. Finance Director
City staff has been interviewing for the vacant Finance Director position. A tentative offer has been made to a finalist. More to come as this process unfolds.
8. $1.5 Billion Available through the 2023 RAISE Grant Program, Now Accepting Applications! City staff, especially the Public Works Department, is looking at this infrastructure funding opportunity. The U.S. Department of Transportation has published a Notice of Funding Opportunity (NOFO) for $1.5 billion in grant funding through the Rebuilding American Infrastructure with Sustainability and Equity (RAISE) discretionary grant program for 2023.
The program helps communities around the country carry out projects with significant local or regional impact. RAISE discretionary grants help project sponsors at the State and local levels, including municipalities, Tribal governments, counties, and others complete critical freight and passenger transportation infrastructure projects.
Half of the FY23 RAISE funding will go to projects in rural areas and half of the funding will go to projects in urban areas. At least $15 million in funding is guaranteed to go towards projects located in Areas of Persistent Poverty or Historically Disadvantaged Communities, and projects located in these areas will be eligible for up to 100 percent federal cost share, as directed by Congress in the Bipartisan Infrastructure Law. As was the case last year, the Department is encouraging applicants to consider how their projects can address climate change, ensure racial equity, and remove barriers to opportunity.
For the FY 2023 RAISE Discretionary Grants, the U.S. Department of Transportation (USDOT) is offering a series of webinars that delve into various aspects of the RAISE application process. These webinars will be recorded and are a great resource for prospective RAISE applicants, as the webinars come from the funding source and share the guidance of USDOT.
Again, they are asking the city of Guadalupe to seek a Caltrans LOS for your RAISE application, please submit the following no later than COB Tuesday, January 10, 2023.
Only projects that are aligned with the Interim Caltrans System Investment Strategy (CSIS) will be considered. District Staff will review submissions and send candidate projects to HQ for consideration for a Caltrans LOS.
The Public Works Department is reviewing its infrastructure needs that meet the criteria of this grant.
9. Cannabis Program
Staff is currently working on developing a cost recovery community benefit analysis and a “CBA Fee” and “Annual Regulatory Fee” for full cost recovery of the applicant.
Once completed, HdL will finalize fee study, and staff will deliver an accompanying staff report and resolution that you can used to present to the City Council and the handling of the public notification for the fee hearing.
10. January 10th Cycle 6 Housing Element
Contract Planning Director and the Cycle 6 Housing Element Consultant are preparing for the workshop on January 10th @ 5 p.m., The Planning Director plans to have a short introduction of where we are in the process, approval of the 2019 Housing Element, and then introduce Dr. Cornelius Nuworsoo. Nuworsoo probably will highlight the changes the State HCD has required of us in this update.
11. Contract Planning Director New Year Ideas
The Contract Planning Director (Larry Appel) shared with the City his thoughts for 2023 in the planning department. See his ideas below:
Here are a few of Larry’s priority items:
A) Inform Mark Green, Building Official that with the adoption of the General Plan (GP), ALL new development in the City will need to be All Electric. This will only change after the City has an adopted Climate Action Plan (CAP). As you may recall Shannon submitted a grant for funding but didn't get it, so we're basically dead in the water until such time as we can fund one of these studies.
B) Consistency Rezone Program - Larry needs to prepare rezonings for every parcel in the city that received a new Land Use Designation through adoption of the GP. This is necessary for any future development. As it stands, if the property has zoning that is inconsistent with the GP designation, then it can't receive a zoning clearance or building permit. This is a top priority for Larry.
C) Housing Element - Our workshop is the first milestone for this project. Larry is working with Cornelius plus he has notified every housing agency in SB and SLO county that might have an interest in this update.
D) Organizing the GP's 42 required Programs - Larry will go over these programs and identify what he thinks are the top five or ten and then set a hearing with Council to see if they share his ideas of what should be worked on first.
E) Permanent Planner - Larry and the City Administrator, Todd Bodem feel it is in the best thing for the City to hire an in-house city planner. Larry and Todd do not feel the City will be able to find two more dedicated part time retired contractors as we now have. But the contract city planner, Bill Scott and Larry Appel will be retiring end of 2023. Larry mentioned how he would consider staying on, but in a much different role. He will retire at the end of 2023 from doing day to day planning (ministerial permits for paving and discretionary permits for projects) but be willing to continue with special projects that tie me down less than now.
He would anticipate continuing to implement the GP as well as updating the zoning ordinance where there are still many sections that have not been updated since 1980.
Staff analyzed data and determined that preliminary estimates show that hiring an in-house city planner will give the city 2080 hours of work versus the estimated 1040 hours provided by two contract planning staff (Bill and Larry) at virtually the same costs to the city.
Fiscal Impact: Virtually no increase in cost or budget amendments. When the new Finance Director is hired and acclimated, and during the mid-year budget review, city staff will present the option of recommending the hiring of an in-house city planner versus utilizing a consultant.
12. Royal Theater – Lot Merger
The City of Guadalupe will be merging two lots next to the Royal Theatre lot to create one lot in preparation of the capital project (renovation of the Royal Theatre with addition, new structure). For the EDA, the instructions/requirement is for Evidence of Good Title and a lotmerger is needed.
Just to clarify, no building permit can be issued for the new building since it crosses existing property lines, this merger is necessary.
13. Royal Theater Damage to Building due to rain.
On Wednesday, January 4, 2023, city staff noticed some exterior damage to the Royal Theater building. City staff resolved the issue for now which was a clog from the drainage system from a roof leak. Staff also reboarded up the window where the old boards rotted off. With the approaching storm, there will most likely be more water damage in other places inside as the Recreation and Parks Manager Hannah Sanchez also noted some water damage in one of the back hallways. Hannah will keep her eyes on Royal Theater Building in the next few weeks because of the weather. (Attachment1: Royal Theater Image of damage).
14. Japanese American Citizen League (JACL) Tour of the Royal Theater-Planning Meeting.
The Mayor, LADG and other representatives participated in a Zoom Meeting on March 2nd to discuss a Planning Tour with the JACL meeting. These folks who participated developed the following is the tentative Agenda for March 11:
• 8:30am: Japanese American Citizen League (JACL) will leave Thousands Oak (20).
• 11:00 Group with arrive via rented coach at the Guadalupe Senior Center. • 11:30am: Author (name?) to do a presentation on Japanese history in Guadalupe and surrounding area.
• 12:30pm: Lunch at the senior center (Buddhist temple and Santa Maria Japanese Community Center will be invite to all March 11 events, including lunch).
• 12:30 pm: Royal Theatre Project team will do a presentation on the Royal, status of renovations, and answer questions.
• 1:30pm: Walk to Royal Theatre for a tour.
Open: once JACL is finished with the Royal tour, the group will walk back to the Guadalupe Senior Center for travel back to Ventura County.
Follow up:
(LADG) will put a flyer together for everyone's review for approval. Several people will work with LADG staff to determine the lunch menu and the price per head. Tom Brandeberry will create a flyer.
15. Website Development Update for January 2023
The first draft of the City website has been completed. Arclight Media met with City staff on the morning of Tuesday, January 3, providing the City's departmental managers with an overall preview of the new site's graphic design and UX/UI (User Experience and User Interface) as well as providing a functional demonstration of site navigation. This walkthrough also provided staff with a blueprint for the addition of new or edited content as well as ideas of how to further organize departmental information for easy public consumption. Several comments and edits were suggested by staff. The next steps are to implement these requests and for Arclight Media meet with individual staff members to further define and or hone the specific content for a more refined second draft of the development site.
16. November and December Unsigned/Approved 2022 Recreation and Parks Commission Minutes.
Attachment 2, November minutes.
Attachment 3, December minutes.
17. RERC is Recreation Economy for Rural Communities.
Megan McConville, Senior Planning Consultant is working with LADG and the City. A RERC Guadalupe workshop on April 12-13, 2023, will be held. The City is excited to have this event on the calendar and to be moving forward with the planning effort What is RERC
LADG was awarded this opportunity last year and the city had a series of meetings with the EPA. The grant pays for expert consultants to work with a Guadalupe team to plan out how to take advantage of Guadalupe's surrounding environment to increase our recreational economy.
Attachment 4 is the application Tom Brandeberry submitted. The intent is to build out the community's goal of making Guadalupe a destination location. Just like getting the Royal Theater back in business, this has the possibility of bringing more people (and $$) to Guadalupe.
The EPA staff understands that Alejandra Mahoney is now managing this grant now that Tom is no longer the Executive Director.
ATTACHMENT 1
November 1, 2022 City of Guadalupe Recreation & Parks Commission Minutes
MINUTES
CITY OF GUADALUPE
REGULAR MEETING OF THE RECREATION AND PARKS COMMISSSION TUESDAY, NOVEMBER 1, 2022
Call to Order: Recreation Commission Chair- Joe Harris called the meeting to order at 6:03 p.m.
1. Roll Call: Recreation Manager, Hannah Sanchez, noted the Commissioner attendance as follows:
Commission Chair: Joseph Harris- Present
Commissioner: Enrique Ortiz- Present
Commissioner: Emily Dreiling- Present
2. Pledge of Allegiance
Commissioner Chair Joe Harris was recognized and led the Commission in the pledge of allegiance.
3. Community Participation Forum
No participation.
4. Consent Calendar
A. Motion was made by Dreiling, seconded by Ortiz to approve the October 4, 2022, regular meeting minutes. All ayes, 3/0. Motion passed.
Regular Business
5. Pumpkin Decorating Contest Judging
Gina Conejo applied to participate in the pumpkin decorating contest on behalf of her granddaughter. Because they were the only submission, the commission decided to award her with the winner’s prize. Gina Conejo will be awarded a $25 gift card to a local Guadalupe restaurant of her choice.
6. November Recreation and Parks Newsletter
The November Newsletter included announcements about the Holiday Home Decorating Contest, the Fabulous 50s Dance, and the Color Fusion Run/Walk Part II.
ATTACHMENT 2
November 1, 2022 City of Guadalupe Recreation & Parks Commission Minutes
7. Christmas Light Decoration Contest
There was a total of 7 submissions into the Holiday Home Decorating Contest. The Commission will meet Monday, December 12th at 5pm at City Hall to judge the submissions.
8. Fabulous 50s Dance Fundraiser
Unfortunately, due to no registrations, the Fabulous 50s Dance Fundraiser was cancelled.
9. Commission Requests, Comments, and Meeting Reports
The commission inquired about the Recreation and Parks Commission vacant seats. The job description was posted, and staff is currently waiting to receive applications.
10. Adjournment
At 6:36 p.m. a Motion was made by Commissioner Dreiling, seconded by Commissioner Ortiz for adjournment. The unanimous vote resulted in the meeting’s closure. __Hannah Sanchez________ ___________________________
Recreation Services Manager, Hannah Sanchez Recreation Chair, Joe Harris December 15, 2022 City of Guadalupe Recreation & Parks Commission Minutes
MINUTES
CITY OF GUADALUPE
SPECIAL MEETING OF THE RECREATION AND PARKS COMMISSSION THURSDAY, DECEMBER 15, 2022
Call to Order: Recreation Commission Chair- Joe Harris called the meeting to order at 6:00 p.m.
1. Roll Call: Recreation Manager, Hannah Sanchez, noted the Commissioner attendance as follows:
Commission Chair: Joseph Harris- Present
Commissioner: Enrique Ortiz- Present
Commissioner: Emily Dreiling- Present
2. Pledge of Allegiance
Commissioner Chair Joe Harris was recognized and led the Commission in the pledge of allegiance.
3. Community Participation Forum
No participation.
4. Consent Calendar
A. Motion was made by Dreiling, seconded by Ortiz to approve the November 1, 2022, regular meeting minutes. All ayes, 3/0. Motion passed.
Regular Business
5. Central Park Final Conceptual Design
Public Works Director, Shannon Sweeney, presented the commission with the final conceptual design for Central Park to receive feedback from the commission. The commission suggested no changes be made to the design and were very excited with what was presented. Attachment I and II were the documents presented to the commission for their input.
The Commission approved the revised conceptual design of Central Park and are making the recommendation to City Council to approve the design as well. This item will be ATTACHMENT 3
December 15, 2022 City of Guadalupe Recreation & Parks Commission Minutes presented at the January 10th City Council meeting via public forum to allow residents to add their input.
6. Christmas Light Decoration Contest
The Recreation and Parks Commission visited the various applicants’ homes for the Christmas Light Competition to judge and make a decision on winners for the various categories. The categories and winners were as follows:
• Home Spun Holiday – Best depiction of traditional holidays at home o 296 Tognazzini Avenue
• California Dreamin’ – For spectacular lights display with music and motion o 279 Mahoney Lane
• Simply Christmas – Simple, yet filled with Christmas spirit o 5082 Sandpiper Lane
• Honorable Mention (No award)
o 273 Pioneer Street
The winners were announced at the meeting and each category winner will be awarded a $25 gift card to either El Tapatio or Guadalupe Café.
7. January Recreation and Parks Newsletter
Ms. Sanchez, Recreation Services Manager, informed the commission that moving forward the monthly newsletter will be presented to the commission for input at the meeting prior to that month (i.e., the March Newsletter would be presented to the commission at the February regular meeting).
The Recreation Commission requested that updates for drop-in basketball and volleyball be posted as well as information on Zumba classes that are now being held at LeRoy Park through the Boys and Girls Club. Commissioner Dreiling requested that Recreation and Parks social media be advertised on the newsletter as well.
The following events are listed in the January Newsletter. • January Movie Night
o Friday, January 27th @ 6:00pm
• Daddy & Daughter Dance
o Saturday, February 18th @ 6:30pm
• Drop-In Volleyball & Basketball
o Volleyball – Wednesdays @ 6:45pm
o Basketball – Thursdays @ 6:45pm
• Social Media Information
December 15, 2022 City of Guadalupe Recreation & Parks Commission Minutes
8. Other matters of importance that the Recreation Services Manager will discuss, if deemed necessary.
• Regular and Joint Meeting: The commission requested that the January regular meeting of the commission be cancelled since the commission has been asked to attend the January 10th regular meeting of the city council. • Boys and Girls Club Update: There was not a Boys and Girls Club staff member present to provide an update. Guadalupe Area Director for the Boys and Girls Club, Carmen Mendoza, provided the information below to Ms. Sanchez to present to the commission.
o Facility Use
During Thanksgiving week, we had staff training for two days. Monica provides free Zumba classes for the community three days a week, Monday, Tuesday, and Thursday from 6pm to 7pm.
Basketball practice begins at 4:30pm Monday through Friday. The last practice is at 7pm.
On days when there is Zumba, there is no Zumba during that time, but basketball practice is scheduled before and after Zumba. o Facility Modifications/Changes
Security alarm through Smith
Bulletproof tint throughout all glass windows and doors. The basketball backboard was fixed so it can go up and down electronically. Basketball backboard (by stage) is now straight and not at an angle.
WiFi and security cameras (inside & outside) will go in soon. • Guadalupe Wrestling Group
o Head of the Guadalupe Wrestling Group, Ivan Cardenas, requested that the wrestling group be able to utilize LeRoy Community Center. Ms.
Sanchez informed Mr. Cardenas that any use of LeRoy Community Center is now being run by the Boys and Girls club and would need to be reserved through them. In addition City Hall Auditorium is also not available as it is currently being utilized for rentals as well as for McKenzie Junior High’s Basketball teams. Mr. Cardenas inquired about possibly using the Veteran’s Hall. Due to pending agreements, Ms. Sanchez requested time to reach out to the City Administrator to get his input on the issue.
9. Commission Requests, Comments, and Meeting Reports
The commission requested that new volleyballs and basketballs be purchased for drop in.
10. Adjournment
At 6:47 p.m. a Motion was made by Commissioner Dreiling, seconded by Commissioner Ortiz for adjournment. The unanimous vote resulted in the meeting’s closure.
December 15, 2022 City of Guadalupe Recreation & Parks Commission Minutes __Hannah Sanchez________ ___________________________
Recreation Services Manager, Hannah Sanchez Recreation Chair, Joe Harris
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U.S. Environmental Protection Agency (EPA)
Recreation Economy for Rural Communities (RERC) Program November 18, 2021
RE: Support for Los Amigos de Guadalupe’s RERC Application To Whom It May Concern,
On behalf of the Guadalupe Business Association, I write to express my strong support for Los Amigos de Guadalupe’s (LADG) RERC application. LADG has been an integral part of recent community improvements and has developed strong working relationships within the Guadalupe community. Along with ongoing development of the Resilience-Guadalupe plan, LADG has been vital to the development of the Guadalupe Business Association and has successfully gained almost $7M in grants for various projects in the city. One of those grants involves project management for the LeRoy Park and Community Center renovation, another is spearheading the renovation of the Royal Theatre, which has been closed as unsafe for over 10 years (and is presently in the design phase).
LADG has been a leading supporter of many recent Guadalupe planning efforts by leading and assisting with public outreach, organizing public meetings, and participating in local and regional planning efforts, from Mobility and Revitalization to the Santa Maria River Levee Trail, to the Trail to the Ocean, the County’s Recreational Master Plan, and the City General Plan Update, among many others.
Along with other community partners, LADG believes that the community has all the assets to be an extraordinary natural and cultural destination (the Guadalupe Dunes, Pacific Ocean, many original downtown buildings, excellent restaurants, and connections to points beyond via both the iconic California Highway 1 and Amtrak’s Surfliner & Coastal Starlight route in addition to the Santa Maria Valley Railroad’s historic route); but also many impediments to attracting tourism dollars (no hotel, an unused theater, vacant and boarded up downtown business properties, a lack of diversity in downtown businesses). The success of this application for planning will allow the community to move beyond understanding the challenges and into putting together all of the realistic, actionable pieces of this puzzle.
LADG is likely the only organization in Guadalupe that could fully utilize this opportunity to move the community toward a holistic vision incorporating tourism, recreation, and commerce. Residents know the importance of the history and culture of the city, the uniqueness of the natural beauty that surrounds them, and--unfortunately--the complexity of turning these underutilized assets into productive use. With its strong history working from within to build a community-owned future, LADG is well-positioned to assist the community in realizing its full potential. I am confident the RERC program will be well-served by funding LADG in this effort.
Sincerely,
Garret Matsuura
President, Guadalupe Business Association
George Chapjian, Director, Community Services
Ryder Bailey, CPA, Deputy Director, Chief Financial Officer Dinah Lockhart, Deputy Director, Housing & Community Development Jeff Lindgren, Assistant Director, Parks Division
Ashley Watkins, Division Chief, Sustainability Division Sarah York Rubin, Executive Director, Office of Arts & Culture
County Parks Division, Division of Energy & Sustainability Initiatives, Housing & Community Development Division:
123 East Anapamu Street, 2nd Floor, Santa Barbara, CA 93101 ∙ T: (805) 568-2461 ∙ F: (805) 568-2459 Office of Arts and Culture: 1100 Anacapa Street, 3rd Floor, Rotunda Tower, Santa Barbara, CA 93101 sbccsd.org
U.S. Environmental Protection Agency (EPA)
Recreation Economy for Rural Communities (RERC) Program RE: Support for Los Amigos de Guadalupe’s RERC Application To Whom It May Concern,
On behalf of Santa Barbara County Community Services Department - Parks Division, I would like to express my strong support for Los Amigos de Guadalupe’s (LADG) RERC application. LADG has been an integral part of recent community improvements and has developed strong working relationships within the Guadalupe community.
Along with ongoing development of the Resilience-Guadalupe plan, LADG has been vital to the development of the Guadalupe Business Association and has successfully attained almost $7M in grants for various projects in the city.
One of those grants involves project management for the LeRoy Park and Community Center renovation, another is spearheading the renovation of the Royal Theatre, which has been closed as unsafe for over 10 years (and is presently in the design phase). The City of Guadalupe and LADG are also cooperating with the Park’s Division on the ongoing Countywide Recreation Master Plan, which has strong focus on improving park and recreation development in Disadvantaged Communities (DACs) such as the City of Guadalupe.
LADG has been a leading supporter of many recent Guadalupe planning efforts by leading and assisting with public outreach, organizing public meetings, and participating in local and regional planning efforts, from Mobility and Revitalization to the Santa Maria River Levee Trail, to the Trail to the Ocean, the County’s Recreational Master Plan, and the City General Plan Update, among many others. The County Park’s Division strongly supports this RERC application as a means to complement the County funded Recreation Master Plan efforts to provide a campground and other recreational improvements in and around the City of Guadalupe.
Along with other community partners, LADG believes that the community has all the assets to be an extraordinary natural and cultural destination (the Guadalupe Dunes, Pacific Ocean, many original downtown buildings, excellent restaurants, and connections to points beyond via both the iconic California Highway 1 and Amtrak’s Surfliner route); but also many impediments to attracting tourism dollars (no hotel, an unused theater, vacant and boarded up downtown business properties, a lack of diversity in downtown businesses). The success of this application for planning will allow the community to move beyond understanding the challenges and into putting together all of the realistic, actionable pieces of this puzzle.
LADG is likely the only organization in Guadalupe that could fully utilize this opportunity to move the community toward a holistic vision incorporating tourism, recreation, and commerce. This RERC grant would enable full cooperation between LADG, the City and County to promote and develop new natural recreational opportunities.
Residents know the importance of the history and culture of the city, the uniqueness of the natural beauty that surrounds them, and--unfortunately--the complexity of turning these underutilized assets into productive use. With its strong history working from within to build a community-owned future, LADG is well-positioned to assist the community in realizing its full potential. I am confident the RERC program will be well-served by funding LADG in this effort. The County Parks Division strongly supports this request and looks forward to working cooperatively with LADG on this effort.
Sincerely,
Jeff Lindgren
Parks Assistant Director
Community Services Department, Parks Division
[email protected]
4560 Del Mar Drive • Guadalupe, CA 93434
www.arclightmedia.com
November 15, 2021
U.S. Environmental Protection Agency (EPA)
Recreation Economy for Rural Communities (RERC) Program RE: Support for Los Amigos de Guadalupe’s RERC Application To Whom It May Concern,
I write to express my strong support for Los Amigos de Guadalupe’s (LADG) RERC application. As a local small business owner, I have seen !rsthand the e"ectiveness of LADG’s impact within the community.
LADG had a crucial role in the development of the Guadalupe Business Association and has successfully gained almost $7M in grants for various projects in the city. #ese grants have positively a"ected the process for the LeRoy Park and Community Center renovation, as well as the renovation of the Royal #eatre in the downtown corridor.
LADG has the network and experience to move this community forward in ways that others can not and have not. #ey have a track record of success and they focus on a community-owned future; not simple saviorship. I believe that the RERC program will be well-served by funding LADG towards these ongoing e"orts.
Sincerely,
Garret Matsuura
Owner, Arclight Media
·-- -,. ' .. ' - -
-
<> l\I Pi\ N Y 1
PROPERTY MANAGEMENT • REAL ESTATE DEVELOPMENT • AG IRRIGATION U.S. Environmental Protection Agency (EPA)
Recreation Economy for Rural Communities (RERC) Program RE: Support for Los Amigos de Guadalupe's RERC Application To Whom It May Concern,
As a past Mayor of Guadalupe, I write to express my strong support for Los Amigos de Guadalupe's (LADG) RERC application. LADG has been an integral part of recent community improvements and has developed strong working relationships within the Guadalupe community.
Along with ongoing development of the Resilience-Guadalupe plan, LADG has been vital to the development of the Guadalupe Business Association and has successfully gained almost $7M in grants for various projects in the city. One of those grants involves project management for the LeRoy Park and Community Center renovation, another is spearheading the renovation of the Royal Theatre, which has been closed as unsafe for over 1 O years (and is presently in the design phase).
LADG has been a leading supporter of many recent Guadalupe planning efforts by leading and assisting with public outreach, organizing public meetings, and participating in local and regional planning efforts, from Mobility and Revitalization to the Santa Maria River Levee Trail, to the Trail to the Ocean, the County's Recreational Master Plan, and the City General Plan Update, among many others.
Along with other community partners, LADG believes that the community has all the assets to be an extraordinary natural and cultural destination (the Guadalupe Dunes, Pacific Ocean, many original downtown buildings, excellent restaurants, and connections to points beyond via both the iconic California Highway 1 and Amtrak'sSurfliner route); but also many impediments to attracting tourism dollars (no hotel, an unused theater, vacant and boarded up downtown business properties, a lack of diversity in downtown businesses). The success of this application faplanning will allow the community to move beyond understanding the challenges and into putting together all of the realistic, actionable pieces of this puzzle.
LADG is likely the only organization in Guadalupe that could fully utilize this opportunity to move the community toward a holistic vision incorporating tourism, recreation. and commerce.
Residents know the importance of the history and culture of the city, the uniqueness of the natural beauty that surrounds them, and--unfortunately--the complexity of turning these underutilized assets into productive use. With its strong history working from within to build a community-owned future, LADG is well-positioned to assist the community in realizing its full potential. I am confident the RERC program will be well-served by funding LADG in this effort.
Mayor of Guadalupe 2004-2012
P. 0. Box 668 · Guadalupe, CA 93434 · (805) 343-5550 · Fax: (805) 343-2205 Boys & Girls Clubs of Mid Central Coast is an IRS certified non-profit 501(c)(3) youth serving organization.
All donations are tax deductible by the full extent of the law. Tax ID # 95-2468116 Chief Volunteer Officer
Nadine Sullivan
Vice Chair
Dan Lillard
Secretary
Sandy Leyva
Treasurer
Gene Runkle
Immediate Past Chair
Conrad Stephens
Board Members
Sue Andersen
Allison Borja
David Cox
Audrey Dodd
Shannon Elliott
Donna France
Eric Hallin
Tim Murphy
Debbie Perrault
Juan Ramirez
Janet Rhoades
Sue Runkle
Brooks Wise
Chief Executive Officer
Michael Boyer
Clubsite Locations
Evans Park (SM)
Railroad Avenue (SM)
GUSD (2 sites)
SMBSD (6 sites)
Paso Robles
Atascadero
Shandon
Administrative Office
901 North Railroad
Santa Maria, CA 93458
(805) 922-7163
www.centralcoastkids.org
ǣ
ǯ
To Whom It May Concern,
On behalf of Boys & Girls Clubs of Mid Central Coast, I write to express my strong support for L
ǯȋ
ȌRERC application.
LADG has been an integral part of recent community improvements and has developed strong working relationships within the Guadalupe community. Along with ongoing development of the Resilience-Guadalupe plan, LADG has been vital to the development of the Guadalupe Business Association and has successfully gained almost $7M in grants for various projects in the city. One of those grants involves project management for the LeRoy Park and Community Center renovation, another is spearheading the renovation of the Royal Theatre, which has been closed as unsafe for over 10 years (and is presently in the design phase).
LADG has been a leading supporter of many recent Guadalupe planning efforts by leading and assisting with public outreach, organizing public meetings, and participating in local and regional planning efforts, from Mobility and Revitalization to the Santa Maria River Levee Trail, to the Trail
ǡǯ
ǡd the City General
Plan Update, among many others.
Along with other community partners, LADG believes that the community has all the assets to be an extraordinary natural and cultural destination (the Guadalupe Dunes, Pacific Ocean, many original downtown buildings, excellent restaurants, and connections to points beyond via both the iconic
ͳǯr route); but also many
impediments to attracting tourism dollars (no hotel, an unused theater, vacant and boarded up downtown business properties, a lack of diversity in downtown businesses). The success of this application for planning will allow the community to move beyond understanding the challenges and into putting together all of the realistic, actionable pieces of this puzzle.
LADG is likely the only organization in Guadalupe that could fully utilize this opportunity to move the community toward a holistic vision incorporating tourism, recreation, and commerce. Residents know the importance of the history and culture of the city, the uniqueness of the natural beauty that surrounds them, and--unfortunately--the complexity of turning these underutilized assets into productive use. With its strong history working from within to build a community-owned future, LADG is well-positioned to assist the community in realizing its full potential. I am confident the RERC program will be well-served by funding LADG in this effort.
Sincerely,
Roberto Rodriguez
Chief Operations Officer & Accountability
CLUB COMITE CIVICO MEXICANO
DE GUADALUPE, INC.
P.O. Box 729
Guadalupe, CA 93434
U.S. Environmental Protection Agency (EPA)
Recreation Economy for Rural Communities (RERC) Program ǣ
ǯ
To Whom it May Concern,
ǯȋ
Ȍ
application on behalf of the Club Comité Cívico Mexicano de Guadalupe. LADG has been a primary proponent of the involvement of community members in order to not only give them a voice, but also to ensure that their efforts produce positive results throughout the community. LADG has been instrumental in developing the ongoing Guadalupe-Resilience Plan. LADG has also supported the development of the Guadalupe Business Association to support the local business community. Los Amigos de Guadalupe has successfully gained almost $7M in grants for various projects in the city. One of the major projects that has been the renovation of LeRoy Park and its Community Center.
LADG has been a leading supporter of many recent Guadalupe planning efforts by leading and assisting with public outreach, organizing public meetings, and participating in local and regional planning efforts, from Mobility and Revitalization to the ǡ
ǡǯ
Master Plan, and the City General Plan Update, among many others.
LADG, along with other community partners, such as the Club Comité Cívico Mexicano, believe that the community has the potential to become an extraordinary natural and cultural destination because it already has so many existing natural and iconic landmarks that will attract not only tourists, but the local residents as well. In addition, Guadalupe is located right on Scenic Highway One and has an Arrival/Departing Kiosk that is part of the Amtrak Surfliner Route. The success of this application will enable the community to develop revitalization plans for downtown Guadalupe as well as to increase the diversity of businesses.
Club Comité Cívico Mexicano de Guadalupe is a Non -Profit group whose primary purpose has been to maintain the cultural traditions of the majority of residents who are connected either through family or community participation, or both, to the Mexican Culture. Club Comité Cívico Mexicano de Guadalupe is proud to have the distinction of being the oldest civic organization in Santa Barbara County and will be celebrating its Centennial in 2023.
LADG RERC (Page 2)
Los Amigos de Guadalupe is the only organization in Guadalupe, that with additional funding, could capitalize on their current successes and move forward to build a community-owned future. Club Comité Cívico strongly believes that the RERC program will be well-served by funding LADG in this effort.
Attentively,
José J. Nichols, President
Club Comité Cívico Mexicano de Guadalupe, Inc.
November 21, 2021
U.S. Environmental Protection Agency (EPA)
Recreation Economy for Rural Communities (RERC) Program RE: CA Coastal Conservancy support for Los Amigos de Guadalupe RERC proposal To Whom It May Concern,
On behalf of the California Coastal Conservancy, I write to express my strong support for Los Amigos de Guadalupe’s (LADG) RERC application. LADG has been essential to recent community improvement efforts and has developed strong working relationships within the Guadalupe community. Along with the ongoing development of the Resilience-Guadalupe plan, LADG has been vital to the development of the Guadalupe Business Association and has successfully gained almost $7M in grants for various projects in the city. One of those grants involves managing the renovation of the LeRoy Park and Community Center; another is spearheading the renovation of the Royal Theatre, which has been closed as unsafe for over 10 years (and is presently in the design phase).
The Coastal Conservancy is a state agency that works in partnership with others to protect, restore and ensure public access to the coast of California. LADG has lead or co-lead the public outreach, organizing, and participating in public meetings for the following recent Guadalupe planning and community initiatives: City Mobility and Revitalization study, Coastal Conservancy-funded Santa Maria River Levee Trail and Trail to the Ocean feasibility studies, the County’s Recreational Master Plan, the City General Plan Update, among many others.
Along with other community partners, LADG believes that the community has all the assets to be an extraordinary natural and cultural destination (the majestic Guadalupe Dunes Complex, Pacific Ocean and coastal resources, many original downtown buildings, excellent restaurants, and connections to points beyond via both the iconic California Highway 1 and Amtrak’s Surfliner route). Many barriers exist to attracting tourism dollars (lack of hotels, an unused theater, vacant and boarded up downtown business properties, a lack of diversity in downtown businesses). The success of this planning proposal will allow the community to move beyond understanding the challenges and into putting together all of the realistic, actionable pieces of this puzzle.
LADG is the only organization in Guadalupe that could fully utilize this opportunity to move the community toward a holistic vision incorporating tourism, recreation, sustainability and commerce. Residents know the importance of the history and culture of the city, the uniqueness of the natural beauty that surrounds them, and--unfortunately--the complexity of turning these underutilized assets into productive use. With its strong history working from within to build a community-owned future, LADG is well-positioned to assist the community in realizing its full potential. I am confident the RERC program will be well-served by funding LADG in this effort.
Sincerely,
Rachel Couch, Project Manage
Agenda Item No. 9
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of January 17, 2023
_______________________________
Prepared by:
Todd Bodem, City Administrator
SUBJECT: Resolution ratifying and proclaiming the existence of a Local State of Emergency RECOMMENDATION:
That the City Council adopt Resolution No. 2023-03 ratifying and proclaiming the existence of a local state of emergency.
BACKGROUND:
In anticipation of severe weather, Governor Newsom had declared a state of emergency in California on January 4, 2023. The state, including the Central Coast, experienced large amounts of rain and some flooding, but the majority of the rain and flooding occurred on January 9, 2023. On that date, President Biden authorized an emergency declaration for the state of California as a result of the severe rainstorms and flooding that were occurring. During the afternoon on January 9, 2023, the County of Santa Barbara Executive Officer/Director of Emergency Services, Mona Miyasato, issued a proclamation of a local emergency as a result of heavy rains and flooding in the County;.
During the evening on January 9, 2023, the Director of Public Safety reported that the City of Guadalupe Public Works Director had ceased public transportation in the City of Guadalupe and reported that a number of public facilities had been adversely impacted and or compromised due to strong winds, reckless drivers, and flooding, and that Public Works Department and Recreation and Parks Department personnel were removing debris from City of Guadalupe streets.
The Director of Public Safety later reported at 11:58 p.m. that the area of lower Pioneer Street in the City of Guadalupe was flooded and had been blocked off from traffic. He reported that the affected residents had been evacuated, and also, that the City had opened the City Hall Auditorium as a shelter where twenty (20) residents were staying. The Director of Public Safety advised that the City’s Emergency Operations Center had been activated and that City staff were provided services to assist with the emergency conditions.
During the night of January 9, 2023, and the early morning of January 10, 2023, the City Administrator/Director of Emergency Services consulted with the Director of Public Safety and concluded that the City’s streets and the facilities in the City of Guadalupe would continue to be impacted until the current storm pattern subsided, and even if the storm were to subside, there were some areas in the City of Guadalupe still experiencing flooding, and that there was a possibility of mudslides, as well as continuing impacts on traffic and public infrastructure due to storm debris which presented a threat to the health, safety, and welfare of the general public in the City of Guadalupe.
The City Administrator/Director of Emergency Services determined that, in light of the continuing threats to the health, safety, and welfare of the general public in the City of Guadalupe, the City Council meeting scheduled for 6 p.m. on Tuesday, January 10, 2023, should be cancelled, and after consulting with the City Attorney, concluded that Chapter 2.32 of the Guadalupe Municipal Code granted him the authority to proclaim the existence of a local emergency and to take appropriate actions, including cancelling the City Council meeting scheduled for 6 p.m on January 10, 2023.
DISCUSSION:
Government Code section 8630 provides:
(a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body.
(c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.
Section 2.32.050 of the Guadalupe Municipal Code (GMC) created the Office of Emergency Services in the City of Guadalupe and designated the City Administrator as the Director of Emergency Services. GMC section 2.32.050.A authorizes the City Administrator to: “[r]equest the City Council to proclaim the existence or threatened existence of an emergency or a disaster and the termination thereof, if the City Council is in session, or to issue such proclamation if the City Council is not in session, subject to confirmation by the City Council at the earliest possible time.” Because of the rapidly changing situation and in light of the County of Santa Barbara’s declaration of a local public health emergency, City Administrator/Director of Emergency Services, Todd Bodem, on January 10, 2023, issued a “Proclamation OF Existence of a Local Emergency by the City Administrator/Director of Emergency Services of the City of Guadalupe” as a result of severe weather that took place on January 9, 2023, and the continuing impacts from this severe weather. A copy of this Proclamation is attached to Resolution No. 2023-03 as Exhibit “A.”
The City Administrator/Director of Emergency Services is recommending that the City Council adopt the attached Resolution No. 2023-03 to ratify his proclamation of the existence of a local state of emergency issued on January 10, 2023. Due to the ongoing nature of the emergency, staff is recommending that the emergency declaration be extended up to a 60-day period with intermittent reviews at regular scheduled council meetings. The Council will thus have the ability to terminate the declaration during the 60-day period when and if conditions improve.
FISCAL IMPACT:
If the City Council does not adopt Resolution No. 2023-03, the City will incur potentially significant costs as a result of having to respond to the directives of federal, state, and county governments concerning, and otherwise respond to, the local emergency declared by the City Administrator/Director of Emergency Services, as these costs will not be subject to possible reimbursement. Adoption of the resolution will permit the City to seek reimbursement for its costs in responding to this public health emergency.
ATTACHMENT:
1. Resolution No. 2023-03 entitled “A Resolution of the City Council of Guadalupe Ratifying and Proclaiming the Existence of a Local State of Emergency.” RESOLJUTION NO. 2023-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE RATIFYING AND
PROCLAIMING THE EXISTENCE OF A LOCAL STATE OF EMERGENCY WHEREAS, Government Code section 8630 provides:
(a) A local emergency may be proclaimed only by the governing body of a city, county or city and county, or by an official designated by ordinance adopted by that governing body.
(b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall remain in effect for a period in excess of seven days unless it has been ratified by the governing body.
(c) The governing body shall review the need for continuing the local emergency at least 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrants; and
WHEREAS, Section 2.32.020 of the Guadalupe Municipal Code defines “emergency” as “the actual or threatened existence of conditions of emergency or of extreme peril to the safety of persons and property within this City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake, hazardous materials or conditions resulting from war or imminent threat of war;” and
WHEREAS, Section 2.32.050 of the Guadalupe Municipal Code declares that the City Administrator shall be the Director of Emergency Services and may request that “the City Council to proclaim the existence or threatened existence of an emergency or a disaster and the termination thereof, if the City Council is in session, or to issue such proclamation if the City Council is not in session, subject to confirmation by the City Council at the earliest possible time;” and
WHEREAS, Section 2.32.060 of the Guadalupe Municipal Code provides that the City Administrator/Director of Emergency Services may “[m]ake and issue rules and regulations on matters reasonably related to the protection of life and property, as affected by such disaster; provided, however, such rules and regulations must be confirmed at the earliest practical possible time by the City Council” and
WHEREAS, on January 4, 2023, in anticipation of severe weather, Governor Newsom had declared a state of emergency in California; and
ATTACHMENT 1
WHEREAS, on January 9, 2023, President Biden authorized an emergency declaration for the state of California as a result of the severe rainstorms and flooding that occurred on January 9, 2023; and
WHEREAS, on January 9, 2023, the County of Santa Barbara Executive Officer/Director of Emergency Services, Mona Miyasato, issued a proclamation of a local emergency as a result of heavy rains and flooding in the County; and
WHEREAS, the Director of Public Safety reported at 11:58 p.m. on January 9, 2023, and updated at 3:49 a.m. on January 10, 2023, that the area of lower Pioneer Street in the City of Guadalupe was flooded and blocked off and that the affected residents had been evacuated, and also, that the City had opened the City Hall Auditorium as a shelter where twenty (20) residents were staying; and
WHEREAS, the Director of Public Safety has also reported on January 9, 2023, that the City of Guadalupe Public Works Director had ceased public transportation in the City of Guadalupe and reported that a number of public facilities had been adversely impacted and or compromised due to strong winds, reckless drivers, and flooding, and that Public Works Department and Recreation and Parks Department personnel were removing debris from City of Guadalupe streets; and WHEREAS, the City Administrator/Director of Emergency Services finds that streets and the facilities in the City of Guadalupe will continue to be impacted until the current storm pattern subsides; and
WHEREAS, the City Administrator/ Director of Emergency Services finds that the severe weather that occurred on Monday, January 9, 2023, that negatively affected City of Guadalupe, including flooding, the risk of mudslides, and impacts on traffic and public infrastructure due to storm debris, continues to present a threat to the health, safety, and welfare of the general public in the City of Guadalupe; and
WHEREAS, pursuant to Section 2.32.060 of the Guadalupe Municipal Code in light of the continuing threats to the health, safety, and welfare of the general public in the City of Guadalupe, the City Council meeting scheduled for 6 p.m. on Tuesday, January 10, 2023, is hereby cancelled; and
WHEREAS, the City Council was not in session and could not immediately be called into session when the City Administrator/Director of Emergency Services took the action of cancelling the City Council meeting that had been scheduled for 6 p.m. on Tuesday, January 10, 2023; and WHEREAS, the City Council concurs with the Director of Emergency Services’ determination that the severe weather created a threat to the public health, safety, and welfare that warranted and necessitated the proclamation of the existence of a local emergency, and the cancellation of the City Council meeting scheduled for 6 p.m. on Tuesday, January 10, 2023; and WHEREAS, more storms, possibly with significant amounts of rainfall, are in the weather forecast for the City of Guadalupe for the foreseeable future, which pose a continuing threat to the public health, safety, and welfare.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GUADALUPE THAT:
SECTION 1. The City Council of the City of Guadalupe hereby proclaims that a local emergency existed when the County of Santa Barbara declared a local emergency on January 9th, 2023.
SECTION 2. The above-described Proclamation by the Director of Emergency Services is hereby ratified and adopted by reference as if fully set forth herein.
SECTION 3. During the existence of the local emergency, the powers, functions, and duties of the Director of Emergency Services and the emergency organization of this City shall be those prescribed by state law, the ordinances and resolutions of this City, and by the City’s Emergency Plans, including, but not limited, to the City’s SEMS Multi-hazard Functional Plan.
SECTION 4. The local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council and that the need for continuing the local emergency shall be reviewed by the City Council intermittently at a regular Council meeting. The City Council may terminate the declaration at any time during the 60-day period., as required by Government Code Section 8630.
SECTION 5. In addition to the powers enumerated in Guadalupe Municipal Code sections
2.32.050 and 2.32.060, the Director of Emergency Services and/or his designee is hereby authorized to adopt supplemental proclamations and orders which are necessary to respond to the local emergency, provided that actions which would otherwise require City Council approval shall be reported to the City Council at the next regularly scheduled City Council meeting.
SECTION 6. A copy of this resolution shall be forwarded to the Director of California Governor's Office of Emergency Services requesting that the Director find it acceptable in accordance with state law; that the Governor of California, pursuant to the Emergency Services Act, issue a proclamation declaring an emergency in the City of Guadalupe; that the Governor waive regulations that may hinder response and recovery efforts; that recovery assistance be made available under the California Disaster Assistance Act; that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs; and that the Governor approve, pursuant to Government Code section 8633, the cost of any extraordinary services incurred by political subdivisions in executing mutual aid agreements as a legal charge against the State.
SECTION 7. The Director of Emergency Services, or his designee, is hereby designated as the authorized representative for public assistance and individual assistance of the City for the purpose of receipt, processing, and coordination of all inquiries and requirements necessary to obtain available local, State, and Federal assistance.
SECTION 8. This Order is effectively immediately upon adoption.
PASSED, APPROVED AND ADOPTED at a special meeting on the 17th day of January 2023, by the following vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAIN:
I, Todd Bodem, Deputy City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2023-03, has been duly signed by the Mayor and attested by the City Clerk, all at a special meeting of the City Council, held January 17, 2023, and that same was approved and adopted.
ATTEST:
______________________________ ____________________________________ Todd Bodem, Deputy City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
______________________________
Philip F. Sinco, City Attorney
EXHIBIT A
Agenda Item No. 10
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of January 17, 2023
_______________________________ __________________________________ Prepared by: Approved by:
Philip F. Sinco, City Attorney Todd Bodem, City Administrator SUBJECT: Emergency Occupancy Agreement for Displaced Residents RECOMMENDATION:
That the City Council:
1. by motion, decline to ratify a proposed “emergency occupancy agreement” to provide temporary housing for City residents displaced from their homes because of flooding; and
2. by motion, ratify a payment of $7,000 paid to provide temporary housing for displaced City residents from January 10 -17, 2023.
BACKGROUND:
On January 9, 2023, shortly after 10 p.m., lower Pioneer Street flooded. City public safety personnel, including Director of Public Safety, Michael Cash, responded to the scene. The residents of these homes were unable to access their residences as the water was “waist-high.” Chief Cash directed that the City Hall Auditorium be opened up for use as a temporary shelter for these residents. Approximately 20 of these residents were evacuated to the Auditorium and provided shelter. Some of the displaced residents were able to obtain lodging or shelter in other ways and were not assisted by the City.
On January 10, 2023, Chief Cash contacted local nonprofits such as the Red Cross and the Salvation Army for assistance with the temporary shelter at the Auditorium but receive no responses or they advised they were unable to help. Due to limited City staffing and without the assistance of nonprofit organizations, Chief Cash determined that continued use of the Auditorium as a temporary shelter was not practical and he began investigating options to provide temporary housing for these residents elsewhere. While investigating the scene near the flooded area, Chief Cash happened to meet Steve Simoulis at an apartment complex located at 824 Pioneer Street owned and operated by Pioneer St.
Apts., North LLC, (the “Apartments”). The Apartments are owned by a limited liability company, of which Mr. Simoulis is the company’s “manager.” The Apartments are used to house nonimmigrant agricultural workers allowed to live and work in the United States pursuant to the “H2A” visa program. Chief Cash informed Mr. Simoulis about the displaced residents and asked him if there was any vacancy as the H2A Philip F. Sinco
workers do not occupy the Apartments all year round. Mr. Simoulis informed Chief Cash that there was availability.
Mr. Simoulis proposed terms for an agreement to temporarily house the displaced residents, including a deposit in advance, and that he would require a written agreement. Chief Cash believed that temporarily housing the displaced residents at the Apartments was the best option available to the City at the time, and as discussed below, believed he had the authority to incur costs on behalf of the City related to providing temporary shelter for the displaced residents. Therefore, he subsequently met with Interim Director of Finance Robert Perrault and informed him about the plan to temporarily house the displaced residents. During the afternoon on January 10th, he requested that Mr. Perrault issue a handwritten check as a deposit for the purpose of providing temporary shelter for them. Mr. Perrault complied (with the approval of the City Administrator, Todd Bodem, who was traveling back to the City of Guadalupe at the time having been unable to complete the journey the previous day due to the closing of Highway 101). Mr. Perrault wrote a check in the amount of $7,000 which was subsequently provided to Mr. Simoulis by Chief Cash.
1 At or after 4:00 p.m., on January 10, 2023, Chief Cash met with Mayor Julian and requested that he sign an agreement (entitled “Emergency Occupancy Agreement”) to provide temporary housing at the Apartments for City residents whose homes were affected by flooding. The agreement had been prepared by Mr. Simoulis. The agreement is attached hereto as Attachment 1.
The agreement provides that eleven (11) units would be rented to the City at the rate of $220 per day beginning on January 10, 2023, through January 31, 2023, to house displaced residents “on an emergency basis to accommodate federal and state declarations of emergency due to recent weather/flooding, and pursuant to City’s policy power for preservation of public health and safety.” The agreement provides that it could be terminated by the City at any time, but it requires 10 days’ notice.
The total cost to the City for the entire three (3) week period is stated in the agreement as $52,340.
Once the agreement had been signed by the Mayor, the displaced residents were allowed to occupy the units. A copy of the agreement was provided to the City Administrator by email at 4:12 p.m. on January 10, 2023, and he forwarded it to the City Attorney the next day. The City Attorney advised the City Administrator that the agreement was not legally binding on the City unless it was ratified by majority of the City Council. Accordingly, this “agreement” attached as Attachment 1 is hereafter referred to as the “proposed agreement” since it has yet not been legally accepted by the City.
DISCUSSSION:
Although the residents from lower Pioneer Street were displaced through no fault of their own, the City is not legally responsible to provide temporary or substitute housing for them since the cause was a natural disaster (and not the fault of the City). At most, the City is required to take appropriate action to protect these residents from physical harm and ensure their safety, which the City did by providing the Auditorium for them to use as a temporary shelter. Understandably, the long-term use of the 1 The proposed agreement actually provided that the City was to make a deposit of $11,000, but this was not the amount communicated to Mr. Perrault who did not see or ever know about the agreement.
Auditorium as a temporary shelter was not practical and, certainly, Chief Cash believed that allowing these residents to temporarily shelter at the Apartments was a viable option; however, neither Chief Cash nor Mayor Julian are authorized under the provisions Chapter 2.32 of the Guadalupe Municipal Code (GMC) to expend public funds during an emergency. This power is granted exclusively to the Director of Emergency Services (i.e., the City Administrator).
Authority to Enter into the “Emergency Occupancy Agreement”:
Chief Cash had activated the City’s Emergency Operations Center (EOC) on January 9, 2023, as a result of the flooding and believed that his authority as the Incident Commander/EOC Manager gave him authority to incur certain costs on behalf of the City, including with respect to the cost associated with providing temporary shelter to displaced City residents. In addition, Chief Cash, like all of the City’s department heads, has authority to incur up to $50,000 for contracts to obtain goods or services as the City Council has delegated this authority to City managers pursuant to Resolution No. 2020-04; however, this only applies if funding has been previously appropriated by the City Council (for the particular purpose) in the annual budget adopted by the City Council. In this case, the amount required under the proposed agreement exceeds this $50,000 authority, and additionally, was not appropriated in the budget adopted by the City for FY 2022-23. Even the Director of Emergency Services/City Administrator, who is authorized to spend public funds during an emergency, must obtain the Council’s ratification of any contracts in excess of $50,000 if the amounts were previously appropriated for the particular purpose of the contract(s), and if not, even amounts less than $50,000 would need to be ratified by the Council (and a budget amendment would eventually be required as well).
Public Purpose Requirement:
The City Council is legally authorized to spend public funds provided there is a “public purpose” for the expense. The cost required by the proposed emergency occupancy agreement is not a legal concern, nor is any concern about the type of precedent that this (proposed) agreement would create in the future (as this is a policy decision the Council is authorized to make). In determining whether a “public purpose” exists, only the legal propriety of the expenditure should be examined, not economic or governmental wisdom. (City of Oakland v Oakland Raiders (1982) 32 Cal. 3d 60, 73).
When public funds are spent without a “public purpose,” this is referred to as “gift of public funds” which is prohibited by the California Constitution (Cal. Const. Art. XVI, §6). Public funds that are spent to benefit a private party constitute an unconstitutional gift of public funds if the public agency does not receive adequate consideration in exchange for the expenditure (Allen v Hussey (1950) 101 Cal.App.2d 457, 473).
The determination of a public purpose lies with the legislative body. The concept is liberally construed, and a city council’s decision will be upheld unless it is totally arbitrary. Moreover, a mere incidental benefit to an individual does not make a "public" purpose a "private" purpose. (American Co. v City of Lakeport (1934) 220 Cal. 548, 556). Thus, social welfare expenditures of counties are not illegal gifts. (See, e.g., City & County of San Francisco v Collins (1932) 216 Cal. 187, 190).
Social welfare expenditures have been held to serve a public purpose since these expenditures are intended to help the poor and disadvantaged members of a community. If the Council were to ratify the
proposed agreement, it will also need to make a finding that providing public funds for the housing of displaced residents is not solely a “private benefit” for these residents but also serves a “public purpose” that benefits the entire community.
Since staff has recommended that the Council not ratify the proposed agreement, no legal findings to justify a public purpose for the public funds that would be expended under this proposed agreement have been prepared; however, if the Council decides to ratify the proposed agreement, a resolution with appropriate legal findings (based on the Council’s direction) will be prepared and brought to the Council at a future meeting.
Cost Recovery Issue:
Another issue with the proposed agreement is that the funds the City would be required to pay may not be subject to reimbursement from the state and/or federal government. (This assumes that the City Council will adopt the resolution declaring a local emergency, also on the Council’s agenda for the January 17th special meeting, otherwise, reimbursement is not an option). In general, for example, the federal government will only pay for the costs of lodging for individuals unable to return to their homes because of a disaster or emergency if their homeowners or renters insurance does not cover this cost.
In addition, such individuals must incur the costs “out of pocket” and then apply to the federal government for reimbursement.
The state and/or the federal government will reimburse a city that incurs costs related to a disaster or an emergency, such as costs for public safety personnel or costs related to damaged infrastructure. Costs incurred for temporary shelters for displaced residents can also be reimbursed; however, there are regulations that control what costs are reimbursed and the amount. While it is possible that the costs incurred under the proposed agreement, it is not certain if they would be, or if the amount would be limited to a lesser amount. At this time, this time, staff is unsure if the costs incurred under the proposed agreement would be reimbursed.
City Payment of $7,000:
Aside from the proposed agreement, the City Council needs to consider ratifying the $7,000 payment made to Mr. Simoulis. It could be argued that this payment was authorized by GMC section 2.32.060.B., which provides that the Director of Emergency Services (the City Administrator) may “[o]btain vital supplies, equipment and such other property found lacking and needed for the protection of the life and property of the people, and bind the City for the fair value thereof, …” (Emphasis added). However, it is not clear whether this payment meets the criteria for the “protection of life and property of the people.” (Emphasis added). The City Council has the authority to make this determination. Even if the affected residents qualify as “the people,” it is not obvious, however, that housing them in the Apartments was “necessary” for the protection of their lives, especially since they were already being provided with shelter at the Auditorium. If this expenditure did not meet the criteria stated in GMC section 2.32.060.B., this expenditure would need to be ratified by the City Council. To ensure that this expenditure is an authorized one, staff recommends that this payment be ratified by the Council.
Even if the Council rejects the proposed emergency occupancy agreement, Mr. Simoulis has provided housing of displaced residents at his property, and it could be argued that he should receive some
compensation for this service. If the Council rejects the proposed agreement, the residents will still have had the benefit of shelter for eight (8) nights (i.e., from January 10-17). The $7,000 payment would equal a daily rental rate of $79.54 per day for each unit, which is a reasonable amount. Second, if the Council does not ratify the payment, the City will be required to request that it be returned by Mr. Simoulis, and will incur costs to recover it through legal procedures should he refuse. In addition, Mr. Simoulis may have a legal right to collect some amount in rent from the residents themselves.
ALTERNATIVES:
1. The Council may decide to ratify the emergency occupancy agreement, but if so, the City will be liable for paying up to $53,420 and will need to make a finding that these funds were made for a “public purpose.”
2. The Council may decide not to ratify the payment of $7,000, but it is uncertain that the City will be able to recover this back from Mr. Simoulisshould he decline to return it, and in that case may have to incur cost to pursue a legal remedy.
FISCAL IMPACT:
If the City Council ratifies the emergency occupancy agreement, the City will be contractually bound to pay $53,420 on behalf of the displaced residents. It is uncertain whether the City would be able to obtain reimbursement of this amount from the state or federal government, although it is possible that at least some of it may be reimbursed. In addition, if the Council ratifies the $7,000 payment to Mr. Simoulis, this amount may be more likely to be reimbursed since it would be comparable to the costs of operating a temporary shelter at the Auditorium (although this is not certain).
If the City Council rejects the proposed agreement, the City may still be responsible for paying some amount to Mr. Simoulis under various legal theories should be pursue a legal remedy; however, whatever amount the City may be required to pay to Mr. Simoulis would be significantly less than the amount required by the proposed agreement.
ATTACHMENT:
1. Emergency Occupancy Agreement
1 CITY OF GUADALUPE
EMERGENCY OCCUPANCY AGREEMENT
Preamble: THIS OCCUPANCY AGREEMENT, is made and entered into January 10, 2023, by and between Pioneer St. Apts. North, LLC, a California limited liability company, hereinafter called the Owner, and the City of Guadalupe, acting by and through its administrative services department on an emergency basis, hereinafter called the City. This Occupancy Agreement, hereinafter called the Agreement, is entered into on an emergency basis to accommodate federal and state declarations of emergency due to recent weather/flooding, and pursuant to City’s policy power for preservation of public health and safety.
Description: 1. The Owner hereby leases to the City and the City hereby hires from the Owner the following premises, consisting of the listed Units, each Unit provided in its “AS IS” condition, such premises situated in the City of Guadalupe, County of Santa Barbara, State of California, and more particularly described as follows:
Units 4, 5, 6, 7, 8, 9, 10, 11, 12, 16 and 17 of the apartment building located at 864 Pioneer Street, Guadalupe, CA 93434, as outlined on the site plan, attached hereto as Exhibit A, incorporated into this Agreement, with associated parking contiguous to the designated Units and use during the term of certain building common facilities, without guarantee as to the condition such facilities. The City shall have access to and use of the occupied premises set forth in this Agreement twenty-four (24) hours per day, seven (7) days per week, subject to the rights the City grants those housed in the Units at the discretion of the City on an emergency basis. All Unit occupiers shall be deemed to have permission from the City for occupancy and Owner is not responsible for monitoring use or number of inhabitants per Unit; however, in no event shall the City allow the number of inhabitants in any Unit to exceed the occupancy capacity.
Term: 2. The term of this occupancy right and this Agreement are form January 10, 2023, continuing thereafter for three (3) weeks, with such rights of termination as may be hereinafter expressly set forth.
OCCUPANCY AGREEMENT COVERING PREMISES LOCATED AT
864 Pioneer Street
Guadalupe, California 93434
North Building
Deposit: $11,000 – deposit held until all Units are vacated, cleaned, in same condition as on date of Agreement, reasonable wear and tear excepted. See Section 8 and 13.
Premises:
Units 4, 5, 6, 7, 8, 9, 10, 11, 12, 16 and 17 of North Building ATTACHMENT 1
2 Termination: 3. The City may terminate this Agreement at any time by giving written notice to the Owner at least ten (10) days prior to the date when such termination shall become effective.
Without right or the Owner’s written approval for an extension, if the City fails to complete its move out within the notice period and remains in the premises, additional rent shall be paid based on the number of units that continue to be occupied and as prorated at a monthly rental rate, based on a thirty (30) day month.
Rent: 4. Rental payments shall be paid by the City, from legally available funds, as follows:
The total payment unless extended is: TWO HUNDRED TWENTY AND 00/100 DOLLARS ($220.00) PER NIGHT, PER UNIT, FOR A TOTAL OF FIFTY-THREE THOUSAND TWO HUNDRED FORTY AND 00/100 DOLLARS ($53,240) FROM JANUARY 10, 2023 THROUGH JANUARY 31, 2023
THE DAILY RATE FOR PURPOSES OF THE ABOVE CALCULATIONS IS BASED ON $220.00 PER DAY, PER UNIT.
Rent shall be paid to Owner at the address specified in Paragraph 5 or to such other address as the Owner may designate by a notice in writing.
Notices 5. All notices and correspondence herein provided to be given, or which may be given by either party to the other, shall be deemed to have been fully given when made in writing and either: 1) deposited in the United States Mail, certified and postage prepaid; or 2) sent via an alternate commercial overnight delivery service (i.e. FedEx or similar) with receiver’s signature required; and addressed as follows:
To the Owner: Pioneer St. Apts. North, LLC
2159 San Luis Drive
San Luis Obispo, CA 93401
Attn: Steve Simoulis, Manager
Phone No.: 805-440-9876
Email: [email protected]
To the City: City of Guadalupe
918 Obispo Street
Guadalupe, CA 93434
Attn: Ariston Julian
Phone No.: 805-356-3891
Email:[email protected]
Rental payments/warrants shall be made payable to: Pioneer St. Apts. North, LLC and mailed to: 2159 San Luis Drive, San Luis Obispo, CA 93401 Nothing herein contained shall preclude the giving of any such written notice by personal service. The address to which notices and correspondence shall be mailed to either party may be changed by giving written notice to the other party. 3 Repair and
Maintenance:
Assignment
and Subletting:
Parking: 6. Parking spaces may be used by occupants, but not for storage. The City will limit parking to occupants of the Units assigned by the City.
Services: 7. Owner, at Owner's sole cost and expense, during the term of this Agreement shall furnish the following services, utilities, and supplies to the areas occupied by the City, and also to the "common" building areas (if any) such as lobbies, elevators, stairways, corridors, etc., which occupants share with other users, if any:
A. Sewer, trash disposal, and water service, including both hot and cold water to the lavatories;
B. Electricity and/or gas as necessary to provide power for heating, ventilating, and air conditioning, and electrical or gas service as needed for City’s operations;
C. Parking;
D. Beds, tables, chairs, basic cooking items and utensils Occupants are responsible for all other occupancy needs, including sheets, towels, and all paper products, including toilet paper. The Owner does not provide any services to the property and the property is not a hotel or hospitality lodging. The City agrees that no Transient Occupancy Tax payment will be due or payable by Owner for receipt of Unit payments under this Agreement. The Owner may charge the City for an occupants excessive use of utilities in the amount of such excessive use.
Available Laundry Facilities may be subject to a reasonable use fee by Owner.
8. During the term of this Agreement, the City shall cause all occupants to maintain the occupied premises and occupied Unit in a clean and good repair, and to remove all possessions, deposit all trash in common facilities, and remove all other items when vacating the premises. The City will be responsible for all repairs for damage or destruction to the premises or any part by an occupant assigned a Unit through the City under this Agreement. The Units may not be used for storage other than personal items incident to emergency housing. The Units may not be used for commercial purposes. No hazardous materials may be brought or used on the premises except for de minimis amounts associated with residential use. City shall insure that all items provided by Owner for occupants’ use remain with the Units, or shall replace or compensate Owner for items missing on termination of this Agreement.
9. The City shall have the ability to assign the occupancy of Units to displaced citizens, provided they occupy at the direction of the City. The City is responsible for all laws related to public use and accommodation of the facilities. In the event the City or any occupant occupying the premises under the City remains in possession of the premises, or any part, after the Agreement terminates, the City shall take action to remove the occupants by lawful means and continue to pay the Unit rate for each day of occupancy. 4 Destruction:
No Oral
Agreements:
10. If an occupied Unit / part of the premises is destroyed or not subject to occupancy by fire or other casualty, this Agreement shall terminate.
11. It is mutually understood and agreed that no alterations or variations of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and that no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.
Insurance: 12. Owner shall insure the property for damage and destruction. The City will provide liability insurance coverage for all use incident to this Agreement, including covering claims of illness or injury by occupants. The City shall name or cause the Owner to be named as additional insured under a contractual or other additional insured provision.
The Owner has agreed to extend this Agreement based on the City’s agreement to assume all risks related to claims by occupants assigned the Units related to housing, or other governmental requirements or conditions, including those that would be imposed on a public landlord. Save only the gross negligence or intentional misconduct of Owner, the City, at its expense, shall defend, hold harmless, and indemnify the Owner and its members, managers, licensees, servants, agents, employees, and contractors, from any loss, damage, claim, liability or expense (including attorneys’ fees) of any kind, type or description, including without limitation, claims for bodily injury, disease, death, property damage, penalties, and governmental or related housing compliance requirements arising directly or indirectly out of or in connection with the City’s use of the premises and assignment of Units, the condition of the premises, the use or misuse thereof by the City’s occupants, servants, agents, employees or contractors, or the failure of City or its occupants to comply with any covenant of this Agreement. This indemnity is intended to be a broad as allowed by applicable law, but not greater.
Deposit: 13. City shall pay to Owner the Deposit as security for City's faithful performance of all obligations under this Agreement including, without limitation, any indemnity claims made by Owner. The Deposit will be held without segregation as to any Unit and may be used for City’s obligations as to any Unit or all Units. If City fails to pay the Unit rates or otherwise is in breach of its obligations under this Agreement, Owner may use, apply or retain all or any portion of said Deposit for the payment of any amount due Owner for rents or costs which will be due in the future, and/or to reimburse or compensate Owner for any liability, expense, loss or damage which Owner may suffer or incur by reason thereof. If Owner uses or applies all or any portion of the Deposit, City shall, within ten (10) days after written request therefor, replenish the Deposit to the full amount required by this Agreement. Owner shall not be required to keep the Deposit separate from its general accounts. Within thirty (30) days after the expiration or termination of this Agreement, Owner shall return that portion of the Deposit not used or applied by Owner. Owner shall upon written request provide City with an accounting showing how that portion of the Deposit that was not returned was applied. No part of the Deposit shall be considered to be 5 held in trust, to bear interest, or to be prepayment for any monies to be paid by City under this Agreement. THE DEPOSIT SHALL NOT BE USED BY CITY IN LIEU OF PAYMENT OF THE LAST MONTH'S RENT. CITY HEREBY SPECIFICALLY WAIVES THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1950.7 AS IT
RELATES TO THE USE OF THE DEPOSIT TO OFFSET DAMAGES TO OWNER AS
A RESULT OF A BREACH OF THIS AGREEMENT BY CITY, INCLUDING, BUT NOT LIMITED TO, LOSS OF FUTURE RENT. CITY SPECIFICALLY AGREES
THAT, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN OR CIVIL CODE SECTION 1950.7, OWNER SHALL BE ENTITLED TO USE ALL OR ANY
PORTION OF THE DEPOSIT TO OFFSET ANY AND ALL DAMAGES OWNER MAY
SUFFER DUE TO A BREACH OF THIS AGREEMENT BY CITY INCLUDING, BUT
NOT LIMITED TO, LOSS OF FUTURE RENT DUE FOR THE BALANCE OF THE
TERM OF THIS AGREEMENT AND LOSS OF RENT OR OTHER DAMAGES DUE
TO CITY'S FAILURE TO LEAVE THE PREMISES IN THE CONDITION AND VACATED AS REQUIRED UNDER THE AGREEMENT. The Deposit shall not be deemed a security deposit for residential purposes nor subject to the provisions of California Civil Code §1950.5 and any other applicable statutes related to use and accounting. Owner shall not pay interest on the Deposit. City, and not its occupants, is responsible for the Deposit. In no event shall Owner be obligated to City’s licensees if a portion of their funds are used for the Deposit and such use shall be subject to the Owner’s Indemnity rights set forth herein.
Counterpart: 14. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original for all purposes and all of which when taken together shall constitute a single agreement. All of these counterpart pages shall be read as though one and they shall have the same force and effect as if all of the parties had executed a single signature page.
This Lease may be accepted via electronic signature, including scanned PDF, facsimile, or digital signature.
IN WITNESS WHEREOF, this Occupancy Agreement has been executed by the parties hereto as of the dates written below
CITY: OWNER:
CITY OF GUADALUPE PIONEER ST. APTS. NORTH, LLC
a California limited liability company
By: SKS Portfolio LLC,
a California limited liability company
Its: Manager
By ______________________________ By: ______________________________ Ariston Julian, Mayor Steve Simoulis, Manager
Agenda Item No. 11
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of January 17, 2023
________________________________
Approved by:
Todd Bodem, City Administrator
SUBJECT: City Council Vacancy
RECOMMENDATION:
1. Interview all three (3) interested city residents and select one (1) finalist to fill the remainder of Tony Ramirez’ term, effective immediately.
BACKGROUND:
Councilmember Ramirez submitted a letter of resignation to the City Clerk on October 25, 2022. He specified the date of his resignation as of 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 10, 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 10, 2024.
In a staff reported at the November 8, 2022, City Council meeting, the City Attorney 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 calling for a special election considering the high cost of conducting such an election.
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). At the December 13, 2022, City Council meeting, the City Administrator mentioned the names of those residents interested in being considered for the vacant seat but stated that Jesus Gomez decided to “drop out” of the process, leaving four (4) interested residents. The City Council developed a long list of fifteen (15) interview questions (Attachment 1) that were included in the city council packet on December 13, 2022. Council decided they would like the questions to be synthesized to only five (5) or so questions for interviews to be held at the January 10, 2022, City Council meeting. On January 9, 2023, the City experienced a significant wind and rain event that caused major flooding which effected several of the businesses and its residents. Therefore, the City Administrator executed a “Declaration of Emergency” canceling/postponing the January 10, 2023 City Council meeting and rescheduled it for January 17, 2023 at which time the interested city residents seeking the open Council seat will interview. After the interviews, Council may select one (1) resident to fill the remainder of Tony Ramirez’ term.
Subsequently, on January 12, 2023, the City Administrator received an email from Justin Martin (one of the interested residents seeking to fill the vacancy) who decided to remove himself from this chance for the open city council seat; this now leaves three (3) interested residents will interview on January 17, 2023 (Attachment 2: Letters of Interest).
After the interviews, Council may select one (1) resident to fill the remainder of Tony Ramirez’ term.
If after the interviews, Council still needs more time to consider the appointment, they can decide to continue its deliberations/selection process to a “Special Meeting” no later than January 28, 2023, where it is the last chance to make the appointment or opt to go through an election process.
The statement of interest submitted by each applicant, and those who will be interviewed, are as follows:
1. Courtney Cazenave
2. Clemente Moreno
3. Megan Lizalde
INTERVIEW PROCESS:
City staff has asked each of the above applicants to be prepared for the interview as there were fifteen (15) random questions sent to them to research (the above is the interview order). It is understood that seven (7) questions (Attachment 3) will be asked, and the City Council can ask tangent questions (from original list of 15 questions, or other) during the interview process. City staff recommends that each interview not last more than fifteen (15) minutes, but they need to be prepared to respond to potential tangent questions from the City Council which may extend the time by five (5) minutes for each Applicant.
ATTACHMENTS:
1. Seven Interview Questions
2. Fifteen Original Questions
3. Letters of interest from all applicants
INTERVIEW QUESTIONS
1. Please provide a summary of your background including community participation that makes you the best candidate for the job.
2. What is the role of a council member as it relates to fellow councilmembers, community and staff?
3. Please describe how you would like the City of Guadalupe to look in five years and what does the City need to do in order to achieve this vision?
4. How would you connect with constituents, staff and community shareholders to ensure their priorities are addressed?
5. In your opinion, what are the qualities a council member should have?
6. When working on a difficult problem that requires a Council decision what steps would you take as an individual Council member?
7. Describe your experience with budgeting and have taken a look at the City's FY22-23 Budget? ATTACHMENT 1
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?
ATTACHMENT 3
To Todd Bodem
I would like to introduce myself and share the passion I have to become part of your team to help lead this city. My name is Clemente Moreno and I'm currently a PE teacher at Kermit Mckenzie. I grew up in the central valley in a small farm working community of Dinuba, California. My father came over from Mexico in search of a better life and opportunity for us back in 1972. I've worked in the fields most of my adolescent life. This hard work gave me motivation to pursue a higher education and get a career where I could give back to the community. I spent the last 21 years teaching high school math and coaching football and wrestling.
This past year my family and I decided to come to the central coast to be closer to my granddaughter and we were fortunate enough to find the hidden treasure of Guadalupe as our new home. I don't think it's by chance or coincidence that we ended up here. God placed us here to roll up our sleeves and be involved in serving the community. I've been a leader as a teacher and a coach and would like the chance to be a leader of this community.
When I drive through town and see the hardworking farm workers I see my parents; in the classroom when I see my students I see myself 30 years ago waiting to lead. We have 90% of students living in poverty, but I have quickly learned that this town has a fighting spirit. Farming is the backbone of this community and this next generation can overcome the cycle of poverty through the use of education and programs. I don't want to change the culture of this town but instead create a climate that helps everyone work together to build this city. The vision I have is more community sports programs, adult ed and US citizenship classes offered in our city.
Buildings restored and painted by grants and income created by new businesses. If picked it will be an honor and a privilege to be a city council member. Thank you for your time and consideration.
Sincerely,
Clemente Moreno
RECEIVED
DEC O 2 2022
CITY OF GUADALUPE
City Clerk or Deputy Clerk
Agenda Item No. 14
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of January 17, 2023
_______________________________
Prepared by:
Todd Bodem, City Administrator
SUBJECT: Appointment of Councilmembers to Various Boards and Committees RECOMMENDATION:
It is recommended that the Mayor nominate, and the City Council ratify the Mayor’s nominations, having to do with appointments to various boards and committees which require Council representation.
BACKGROUND:
There are currently eight boards and committees for which City Council members sit as representatives of the City of Guadalupe. The Mayor makes the appointments, and the City Council confirms the selection.
Attached is the City's Local Appointment List of Boards and Committees, maintained by the Administration Dept. (Attachment 1). These pages contain information about each of the boards, including the current representatives and alternates, as well as the purpose of the various boards.
Council members should review the Committee List and prepared to indicate your interest in serving during Council discussion on this item. Please also keep in mind that where Committee qualifications do not require an elected official the Council may choose to fill a committee position with a staff member to ensure the City is represented.
FISCAL IMPACT:
Only one of the seven boards and committees provides a stipend to its members. SBCAG independently pays a $100 per meeting stipend to its Board member. Travel expenses incurred by Councilmembers to various board and committee meetings have not historically been provided to Councilmembers.
Impact to the Community:
Appointments of Council members / Staff members to various boards will help assure that Guadalupe is well represented when countywide matters and issues come before these boards and committees.
ATTACHMENTS
1. Council Appointments to Boards and Committees List
1 CITY OF GUADALUPE
LOCAL APPOINTMENT LIST
BOARDS * COMMITTEES
This handout lists the City’s boards and committees whose members are appointed by the City Council. Vacancies are posted as required by law, and applications are kept on file for a period of one year. Unless otherwise noted, the Mayor shall appoint members to official City boards and committees, and they shall be ratified by the City Council.
Questions may be directed to the Administration Office:
Phone: (805) 356-3891
Fax: (805) 343-5512
E-mail: [email protected]
Address: 918 Obispo Street
Guadalupe, CA 93434
ATTACHMENT 1
2 SANTA BARBARA COUNTY ASSOCIATION OF GOVERNMENTS (SBCAG) DUTIES AND QUALIFICATIONS:
A voluntary council of governments formed under a joint powers agreement executed by each of the general purpose local governments in Santa Barbara County.
Responsible for the planning and implementation of State and Federal programs requiring a multijurisdictional entity including:
Airport Land Use Commission (ALUC)
Congestion Management Agency (CMA)
Local Transportation Authority (LTA)
Metropolitan Planning Organization (MPO)
Regional Transportation Planning Agency (RTPA)
Service Authority for Freeway Emergencies (SAFE)
For more information please visit: www.sbcag.org
MEMBERSHIP:
Thirteen-member board consisting of a Mayor or City Council representative from each of the eight cities in the County and the five members of the Board of Supervisors. City representatives are appointed by their City Councils.
CURRENT MEMBERS:
Mayor Ariston Julian (also serves on the North County Sub-regional Planning Committee and CalVans Board1) Councilmember Liliana Cardenas (Alternate)
MEETING SCHEDULE:
Meets at 10:00 a.m. the third Thursday of each month. A stipend is paid by SBCAG in the amount of $100 per meeting to the representative Mayor/Councilmember or alternate to attend its meetings with a maximum of $400 per month.
MEETING LOCATIONS (ALTERNATES):
Will probably be via Zoom or attendance in North County hearing room until further notice.
Board of Supervisors’ Hearing Room Board of Supervisors’ Hearing Room County Administration Building County Administration Building 105 East Anapamu Street 511 East Lakeside Parkway
Santa Barbara, California 93101 Santa Maria, CA 93455 1 A stipend is paid by Santa Barbara County Association of Governments (SBCAG) in the amount of $100 per meeting to the Councilmember representative or alternate who attends its meetings 3 Santa Barbara County Association of Governments
Board of Directors
2023 Meeting Schedule
Meetings are held on the 3rd Thursday of each month.
Meetings normally convene at 10:00 AM and generally conclude by 12:00 PM.
Dates Locations
January 19 Santa Maria
February 16 TBD
March 16 TBD
April 20 TBD
May 18 TBD
June 15 TBD
July 20 TBD
August 17 TBD
September 21 TBD
October 19 TBD
November 16 TBD
December 21 TBD
SANTA Board of Supervisors Hearing Room
BARBARA 105 East Anapamu Street, 4th Floor
Santa Barbara, CA 93101
Remote Testimony Location:
Santa Maria Board of Supervisors Conference Room
511 East Lakeside Parkway, Santa Maria, CA 93455
SANTA Board of Supervisors Hearing Room
MARIA 511 East Lakeside Parkway
Santa Maria, CA 93455
Remote Testimony Location:
Santa Barbara Board of Supervisors Hearing Room
105 East Anapamu Street, 4th Floor, Santa Barbara, CA 93101 4 North County Subregional Planning Committee
2023 Meeting Schedule
Meetings are held on the second Wednesday of the month. Meetings convene at 10:00 AM and generally conclude by 12:00 PM.
An e-mail will be sent prior to the meeting date notifying you that the agenda and staff reports have been posted to the SBCAG website at Santa Barbara County Association of Governments - Home (civicweb.net). Should a meeting be cancelled, you will be notified by e-mail.
Meeting Location
Via Zoom until further notice
Dates
January 11
February 8
March 8
April 12
May 10
June 14
July 12
August 9
September 13
October 11
November 8
December 13
5 AIR POLLUTION CONTROL DISTRICT BOARD OF DIRECTORS
DUTIES AND QUALIFICATIONS:
Providing policy direction to the Air Pollution Control Officer, and Appointing Community Advisory Council members. Implements Federal and State mandated rules and programs to achieve clean air.
Sets policy for local air programs, adopts locally developed rules and regulations to improve air quality. Refers complaints to the Air Pollution Control Officer for resolution. Lobbies for effective laws relating to air pollution control. Seeks innovative measures to provide air quality benefits.
Reviews and approves APCD annual budget. Appoints APCD hearing Board members and the Air Pollution Control Officer. The APCD Boards is an autonomous body with no requirement to make annual reports.
For more information please visit: https://www.ourair.org/ MEMBERSHIP:
Term in unspecified. Board of Supervisors plus one elected official from each City in the County.
CURRENT MEMBERS:
Mayor Ariston Julian
Councilmember Tony Ramirez (Alternate)
MEETING SCHEDULE:
The APCD Board meets seven times a year, on the third Thursday of January, March, and May in Santa Barbara; and in June, August, October and December in Santa Maria at 1:00 p.m. in the Board of Supervisors’ Hearing Room.
MEETING LOCATION (ALTERNATES):
Board of Supervisors’ Hearing Room Board of Supervisors’ Hearing Room County Administration Building County Administration Building 105 East Anapamu Street 511 East Lakeside Parkway
Santa Barbara, California 93101 Santa Maria, CA 93455
6 CENTRAL COAST WATER AUTHORITY
DUTIES AND QUALIFICATIONS:
Joint powers agency monitors and administers activities in this area concerning importation and delivery of supplemental water via the Coast Branch Aqueduct Phase II of the State Water Project and report to its members. Such activities may involve the State Water Contract, the Department of Water Resources and/or Santa Barbara County Flood Control and Water Conservation District and the water supply retention agreements.
For more information please visit: www.ccwa.com
MEMBERSHIP:
Each member water entity appoints its own representative.
CURRENT MEMBERS:
Mayor Ariston Julian
Councilmember Tony Ramirez (Alternate)
MEETING SCHEDULE:
Meets on call, usually on a monthly basis.
MEETING LOCATION:
Central Coast Water Authority
255 Industrial Way
Buellton, CA 93427
7 TWITCHELL MANAGEMENT AUTHORITY
DUTIES AND QUALIFICATIONS:
* Administer the Management of Santa Maria Valley Management Area. * Fund, administer, construct and manage Capital Improvement Projects consistent with the Twitchell Project Manual.
* Fund an annual report of Hydrogeologic conditions, water requirements, supplies and disposition of the Santa Maria Valley Management Area.
For more information please visit:
https://www.cityofsantamaria.org/city-government/departments/utilities-sewer-watertrash/twitchell-management-authority-documents
VOTING MEMBERS
City of Guadalupe
City of Santa Maria
Golden State Water Company
Stipulating Landowners Group
NON-VOTING MEMBERS
Santa Maria Valley Water Conservation District
CURRENT MEMBERS:
Mayor Ariston Julian- Primary
Councilmember Eugene Costa Jr.
MEETING SCHEDULE:
Meetings take place on a quarterly basis.
MEETING LOCATION:
Santa Maria Regional Landfill
2065 East Main Street
Santa Maria CA 93454
8 CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (JPIA)
DUTIES AND QUALIFICATIONS:
The Executive Committee provides policy and governance direction to the Authority’s staff on the California JPIA’s programs and services.
The Board members govern the JPIA, they meet annually and vote on the agenda for the next year and on who will be on the Executive Committee.
For more information please visit: https://cjpia.org/about/meetings-agendas/ MEMBERSHIP:
The City Council nominates one member and one alternate.
CURRENT MEMBERS:
Councilmember Liliana Cardenas
Councilmember Tony Ramirez (Alternate)
MEETING SCHEDULE:
The California Joint Powers Insurance Authority Board of Directors meet annually in July.
MEETING LOCATION:
California JPIA
8081 Moody Street
La Palma, CA 90623
9 GUADALUPE SENIOR CENTER ADVISORY COMMITTEE
DUTIES AND QUALIFICATIONS:
To assist the City of Guadalupe, council and staff, with the direction as to the most efficient use of the senior center facility which meets the identified needs of local senior center residents.
MEMBERSHIP:
The City Council nominates one member and one alternate.
CURRENT MEMBERS:
Mayor Ariston Julian
Councilmember Gilbert Robles (Alternate)
MEETING SCHEDULE:
Meets the second Tuesday of every month at 2:30 p.m.
MEETING LOCATION:
Guadalupe Senior Center
RESILIENCE-GUADALUPE LEADERSHIP TEAM
This is a leadership team that works with Los Amigos de Guadalupe (LADG) to give feedback, suggestions and direction to the LADG team on the Resilience -Guadalupe Plan.
CURRENT MEMBERS:
Councilmember Liliana Cardenas
Mayor Ariston Julian
10 MICROENTERPRISE ADVISORY COMMITTEE
Los Amigos de Guadalupe (LADG) developed CDBG microenterprise assistance guidelines which were approved August 11, 2020. The Load Advisory Committee (LAC) shall have an odd number of members. The membership of the LAC will be approved by the Guadalupe City Council. The Load Advisory Committee shall volunteer for this board. The LAC membership is as follows:
1. The City of Guadalupe Finance Director
2. Designated staff member of the Economic Development Collaborative (EDA)/Small Business Development Center.
3. Member of the City of Guadalupe Council, assigned by the Mayor.
Loan Advisory Committee members are responsible for reviewing each loan application funding proposals and making recommendations to a Guadalupe City Council Approved Grantee staff. Load Advisory Committee may request additional information and or attached contingencies for final approval and loan, grant or forgivable loan closing.
CURRENT MEMBERS:
Councilmember Liliana Cardenas
Staff: Lorena Zarate, Finance Director
CITY OF GUADALUPE BOARD APPOINTMENTS 2023-2024
Effective: January 10, 2023 - December 10, 2024
2023-2024
BOARD/COMMISSION PRIMARY ALTERNATE
Santa Barbara County Association of
Governments (SBCAG)
Santa Barbara County Air Pollution Control
District (APCD)
Central Coast Water Authority (CCWA)
Twitchell Management Authority
California Joint Powers Insurance Authority
Guadalupe Senior Center Advisory Committee
Resilience- Guadalupe Leadership Team
Microenterprise Advisory Committee
Agenda Item No. 18
REPORT TO THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF GUADALUPE
Agenda of January 17, 2023
_______________________________ ___________________________________ Prepared by: Approved by:
Joy Otsuki, Special Counsel to the Successor Agency Todd Bodem, City Administrator SUBJECT: Resolution of the Successor Agency to the Redevelopment Agency of the City of Guadalupe approving the Recognized Obligation Payment Schedule and Administrative Budget for the July 1, 2023 through June 30, 2024 Period EXECUTIVE SUMMARY:
The Successor Agency to the Redevelopment Agency of the City of Guadalupe (the “Successor Agency”) was formed to administer the enforceable obligations and otherwise unwind the former affairs of the former Redevelopment Agency of the City of Guadalupe (the “Former Agency”), all subject to the review and approval by a seven-member Oversight Board. Until June 30, 2018, each successor agency had a local oversight board that served this purpose. As of July 1, 2018, all local oversight boards have been replaced by consolidated county-wide oversight boards as part of the streamlining and winddown of redevelopment affairs.
Under Section 34171(h), a Recognized Obligation Payment Schedule (a “ROPS”) is "the document setting forth the minimum payment amounts and due dates of payments required by enforceable obligations for each fiscal year as provided in subdivision (o) of Section 34177." Under the mandatory dates in the Dissolution Law, the Successor Agency must submit a copy of the ROPS for fiscal year 2023-24 (the “ROPS 23-24”), after approval from the Oversight Board, to the County Administrative Officer (“CAO”), County Auditor-Controller (“CAC”), State Controller’s Office (“SCO”), and DOF by February 1, 2023.
The ROPS 23-24 contains many of the same enforceable obligations listed on the ROPS for fiscal year 2022-23. The Successor Agency continues to request funding for anticipated cost related to the remediation of the Al’s Union Property and the resulting appraisal, marketing, escrow and reconveyance cost for the sale of the Successor Agency’s property.
RECOMMENDATION:
That the Successor Agency Board adopt Resolution No. 2023-01 entitled “Resolution of the Successor Agency to the Redevelopment Agency of the City of Guadalupe Approving the Recognized Obligation Payment Schedule for the July 1, 2023 through June 30, 2024 period.” Joy Otsuki
DISCUSSION:
The Successor Agency is requesting $208,866 to pay administrative expenses during the ROPS 23-24 period. This amount is an increase over the prior year’s amount but falls within the statutorily calculated maximum permitted
The Successor Agency intends to bring its ROPS 23-24 before the Oversight Board at its January 18, 2023 meeting. After obtaining the Oversight Board’s approval, Successor Agency staff will then transmit the ROPS 23-24 to the DOF, with copies to the CAO, CAC, and SCO.
Upon receipt of an oversight board-approved ROPS, DOF has 45 days to make its determination of the enforceable obligations, including amounts and funding sources. Within five business days of DOF’s determination, the Successor Agency may request additional review and an opportunity to meet and confer on disputed items. DOF has until 15 days prior to the date for property tax distribution to make its final decision after the meet and confer. The RPTTF distribution dates for the ROPS 23-24 A period and 23-24 B period are on or about June 1, 2023 and January 2, 2024, respectively.
ALTERNATIVE:
Direct the Executive Director to make modifications to the form of Administrative Budget and/or ROPS 23-24 and adopt the Resolution submitted herewith subject to such modifications.
FISCAL IMPACT:
The Successor Agency is limited to making payments reflected on an approved ROPS; therefore, approval of the ROPS by the Successor Agency, Oversight Board and DOF is essential to the continued operation of the Successor Agency and wind-down of the affairs of the Former Agency.
CONCLUSION:
Staff recommends that the Successor Agency Board adopt Resolution No. 2023-01.
ATTACHMENTS:
1) Successor Agency Resolution No. 2023-01 entitled “Resolution of the Successor Agency to the Redevelopment Agency of the City of Guadalupe Approving the Recognized Obligation Payment Schedule and Administrative Budget for the July 1, 2023 through June 30, 2024 period.” SUCCESSOR AGENCY RESOLUTION NO. 2023-01
RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF
GUADALUPE APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE AND ADMINISTRATIVE BUDGET FOR THE JULY 1, 2023 THROUGH JUNE 30, 2024 PERIOD WHEREAS, the Successor Agency to the Redevelopment Agency of the City of Guadalupe (“Successor Agency”) has been established to take certain actions to wind down the affairs of the Redevelopment Agency of the City of Guadalupe in accordance with Section 34173 of the Health and Safety Code; and
WHEREAS, prior to July 1, 2018 under the Dissolution Law, in particular Sections 34179 and 34180, certain actions of the Successor Agency were subject to the review and approval by a local seven member oversight board, which oversaw and administered the Successor Agency’s activities during the period from dissolution until June 30, 2018; and WHEREAS, as of, on and after July 1, 2018 under the Dissolution Law, in particular Section 34179(j), in every California county there shall be only one oversight board that is staffed by the county auditor-controller, with certain exceptions that do not apply in the County of Santa Barbara; and
WHEREAS, as of, on and after July 1, 2018 the County of Santa Barbara through the Santa Barbara County Auditor Controller established the single Santa Barbara Countywide Oversight Board (the “Oversight Board”) in compliance with Section 34179(j), which serves as the oversight board to the 6 successor agencies existing and operating in Santa Barbara County, including the Successor Agency; and
WHEREAS, pursuant to Section 34171(h) of the Dissolution Act, a “Recognized Obligation Payment Schedule” means the document setting forth the minimum payment amounts and due dates of payments required by enforceable obligations for each annual fiscal period as provided in Section 34177(o) of the Dissolution Act; and
WHEREAS, pursuant to Section 34177(j) of the Dissolution Act, the Successor Agency is required to prepare and submit to the Oversight Board an “Administrative Budget” for each annual fiscal period corresponding to each Recognized Obligation Payment Schedule; and WHEREAS, pursuant to Section 34177(o) of the Dissolution Act, the Successor Agency must prepare, approve, and submit to the Oversight Board for approval its Recognized Obligation Payment Schedule (“ROPS”) for the period covering July 1, 2023 through June 30, 2024 (also referred to as “ROPS 23-24”); and
WHEREAS, the ROPS 23-24 sets forth and includes the Administrative Budget prepared by the Successor Agency for the period covering July 1, 2023 through June 30, 2024; and WHEREAS, the Successor Agency desires to approve the form of ROPS 23-24 in the form attached to this Resolution as Attachment No. 1 and incorporated herein by this reference; and ATTACHMENT 1
2 WHEREAS, the Successor Agency desires to approve the form of Administrative Budget for the ROPS 23-24 period in the form attached to this Resolution as Attachment No. 2 and incorporated herein by this reference; and
WHEREAS, following approval of the ROPS 23-24 and Administrative Budget by the Successor Agency Board, pursuant to Section 34177, subdivisions (j) and (o), and Section 34180(g) of the Dissolution Act, Successor Agency staff shall submit ROPS 22-23 and Administrative Budget to the Oversight Board for approval.
NOW, THEREFORE, BE IT RESOLVED by the Successor Agency to the Redevelopment Agency of the City of Guadalupe, as follows:
Section 1. The foregoing recitals are incorporated into this resolution by this reference, and constitute a material part hereof.
Section 2. The Successor Agency Board hereby approves the ROPS 23-24 in the form attached to this Resolution as Attachment No. 1, and authorizes the Successor Agency Director to make such augmentation, modification, additions or revisions as he may deem appropriate.
Section 3. The Successor Agency Board hereby approves the Administrative Budget for the ROPS 23-24 period in the form attached to this Resolution as Attachment No. 2, and authorizes the Successor Agency Director to make such augmentation, modification, additions or revisions as he may deem appropriate.
Section 4. The Executive Director is further authorized and directed to transmit ROPS 23-24 to the Oversight Board, and upon approval thereof by the Oversight Board, the Executive Director is directed to transmit the approved ROPS 23-24 to the County Auditor-Controller, the State Controller’s Office, and the State Department of Finance, and to post the ROPS 23-24 on the City’s website.
Section 5. The Secretary on behalf of the Successor Agency Board shall certify to the adoption of this Resolution.
Section 6. This Resolution shall take effect upon the date of adoption.
THE FOREGOING RESOLUTION IS APPROVED AND ADOPTED BY THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF GUADALUPE THIS 17
TH DAY OF JANUARY 2023 BY
THE FOLLOWING ROLL CALL VOTE:
MOTION:
AYES: Agency Members:
NOES:
ABSENT:
ABSTAIN:
3 SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY OF THE CITY OF GUADALUPE
Ariston Julian, CHAIR
APPROVED AS TO FORM:
__________________________
Philip F. Sinco
Agency Counsel
Recognized Obligation Payment Schedule (ROPS 23-24) - Summary Filed for the July 1, 2023 through June 30, 2024 Period Successor Agency: Guadalupe
County: Santa Barbara
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
23-24A Total
(July -
December)
23-24B Total
(January -
June)
ROPS 23-24
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ 301,659 $ - $ 301,659 B Bond Proceeds - - -
C Reserve Balance 301,659 - 301,659
D Other Funds - - -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 551,864 $ 172,792 $ 724,656 F RPTTF 447,431 68,359 515,790
G Administrative RPTTF 104,433 104,433 208,866
H Current Period Enforceable Obligations (A+E) $ 853,523 $ 172,792 $ 1,026,315 Certification of Oversight Board Chairman:
Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
Guadalupe
Recognized Obligation Payment Schedule (ROPS 23-24) - ROPS Detail July 1, 2023 through June 30, 2024
A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
23-24
Total
ROPS 23-24A (Jul - Dec)
23-24A
Total
ROPS 23-24B (Jan - Jun)
23-24B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
$5,465,447 $1,026,315 $- $301,659 $- $447,431 $104,433 $853,523 $- $- $- $68,359 $104,433 $172,792 2 Property
Investment
Third-Party
Loans
06/01/
2010
08/06/2020 Garcia,
Henry
Note
Payable/
amended -
Royal
Theatre -
Henry Garcia
Guadalupe - N $- - - - - - $- - - - - - $-
3 Royal Theater
Retrofit (848
Guadalupe St)
Professional
Services
10/01/
2006
06/01/2015 Accord
Design
Group
Disposition of
Agency
Property (848
Guadalupe
St)
Guadalupe - N $- - - - - - $- - - - - - $-
4 Royal Theater
Retrofit
Professional
Services
10/01/
2006
06/30/2013 Accord
Engineering
Disposition of
Agency
Property (848
Guadalupe
St)
Guadalupe - N $- - - - - - $- - - - - - $-
5 Al's Union Site
Remediation
(Polanco Act)
Professional
Services
06/01/
2008
06/30/2013 City of
Guadalupe
Disposition of
Agency
Property (995
Guadalupe
St)
Guadalupe - N $- - - - - - $- - - - - - $-
6 Al's Union
Environmental
Consulting
(Polanco Act)
Professional
Services
06/01/
2008
06/30/2015 DMI EMK Disposition of
Agency
Property (995
Guadalupe
St)
Guadalupe - N $- - - - - - $- - - - - - $-
7 Due to other
funds
SERAF/
ERAF
07/01/
2009
06/30/2019 LMIHF Repayment
for SERAF
(2010)
Guadalupe - N $- - - - - - $- - - - - - $-
8 Due to other
funds
SERAF/
ERAF
07/01/
2010
06/30/2019 LMIHF Repayment
for SERAF
(2011)
Guadalupe - N $- - - - - - $- - - - - - $-
9 Due to other
funds
City/County
Loan (Prior
06/28/11),
Other
07/01/
1992
06/30/2019 LMIHF Housing
deferral
Payment
Guadalupe - N $- - - - - - $- - - - - - $-
10 Property
Management
& Mtce
Property
Dispositions
07/01/
2022
06/30/2024 City of
Guadalupe
Disposition of
Agency
Property
Guadalupe 20,000 N $20,000 - - - 10,000 - $10,000 - - - 10,000 - $10,000 11 Planning
Services -
Property
Dispositions
06/30/
2012
06/30/2012 Rincon
Consultants
Disposition of
Agency
Guadalupe - N $- - - - - - $- - - - - - $-
A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
23-24
Total
ROPS 23-24A (Jul - Dec)
23-24A
Total
ROPS 23-24B (Jan - Jun)
23-24B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
Ppty
Disposition
Property
12 Building &
Inspection
Services
Property
Dispositions
06/30/
2012
06/30/2012 JAS Pacific Disposition of
Agency
Property
Guadalupe - N $- - - - - - $- - - - - - $-
13 Supplies;
Utilities;
Insurance
Property
Maintenance
06/30/
2012
06/30/2012 City of
Guadalupe
Property
owed by RDA
Guadalupe - N $- - - - - - $- - - - - - $-
14 Lantern Hotel Property
Dispositions
06/30/
2012
06/30/2012 LMIHF Disposition of
Agency
Property
Guadalupe - N $- - - - - - $- - - - - - $-
15 Auditor
Review
(Section
34179.5)
Dissolution
Audits
06/30/
2010
06/30/2012 Glenn
Burdette
Review
Unobligated
Balances
Guadalupe - N $- - - - - - $- - - - - - $-
16 Due to other
funds
City/County
Loan (Prior
06/28/11),
Other
04/01/
2009
06/30/2019 LMIHF Repayment
for Lantern
Loan Capital
Project
Guadalupe - N $- - - - - - $- - - - - - $-
17 Housing
Project - Ppty
Purchase
Property
Dispositions
06/30/
2006
06/30/2012 Title
Company/
Habitat for
Humanity
Affordable
Housing
Project
Guadalupe - N $- - - - - - $- - - - - - $-
18 Housing
Project - Build
Housing
Property
Dispositions
06/30/
2006
06/30/2012 Developer/
Contractors
Affordable
Hsg: 2
parcels
purchased in
2007
Guadalupe - N $- - - - - - $- - - - - - $-
19 Housing
Project -
Rehab Ppty
Property
Dispositions
06/30/
2006
06/30/2012 Various
Contractors
Rehabilitate
Existing
Property
Guadalupe - N $- - - - - - $- - - - - - $-
20 American
Legion Hall
Retrofit (1025
Guadalupe St)
Improvement/
Infrastructure
10/01/
2006
06/01/2015 Various
Contractors
Retrofit
Program
Guadalupe - N $- - - - - - $- - - - - - $-
21 Auditor
Review
(Section
34179.5)
Dissolution
Audits
06/30/
2010
06/30/2012 Glenn
Burdette
Review
Unobligated
Balances
Guadalupe - N $- - - - - - $- - - - - - $-
22 URM -
Downtown
Business
Properties
Retrofit
Improvement/
Infrastructure
10/01/
2008
06/01/2014 Various
Properties
URM Grant
contractor
Payments
Guadalupe - N $- - - - - - $- - - - - - $-
23 Admin Cost Admin Costs 07/01/ 06/30/2035 Successor ADMIN Guadalupe 208,866 N $208,866 - - - - 104,433 $104,433 - - - - 104,433 $104,433
A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
23-24
Total
ROPS 23-24A (Jul - Dec)
23-24A
Total
ROPS 23-24B (Jan - Jun)
23-24B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
Allowance 2016 Agency
24 Admin Cost
Allowance -
ROPS II
Admin Costs 06/30/
2011
06/30/2012 Successor
Agency
ADMIN
(amount not
funded on
ROPS II)
Guadalupe - N $- - - - - - $- - - - - - $-
25 Property -
Lantern Hotel
Property
Dispositions
06/30/
2012
06/30/2012 City of
Guadalupe
Disposition of
Agency
Property
Guadalupe - N $- - - - - - $- - - - - - $-
26 Property
Maint-Lantern
& Royal
Property
Maintenance
06/30/
2012
06/30/2012 City of
Guadalupe
Management
&
Maintenance
- N $- - - - - - $- - - - - - $-
27 Remaining
Property
Property
Dispositions
10/01/
2006
06/01/2015 City of
Guadalupe
Disposition of
Agency
Property
- N $- - - - - - $- - - - - - $-
28 2017 Tax
Allocation Ref.
Bonds
Refunding
Bonds Issued
After 6/27/12
11/29/
2017
08/01/2035 U.S. Bank Tax
Allocation
Bonds to
refund 2003
Bonds
5,060,956 N $721,737 - 301,659 - 361,719 - $663,378 - - - 58,359 - $58,359 29 Reserve for
future bond
debt service,
per 2017
Indenture
Reserves 11/29/
2017
08/01/2035 U.S. Bank Reserve for
future bond
debt service
per 2017
Trust
Indenture
- N $- - - - - - $- - - - - - $-
30 Continuing
Disclosure
Services
Refunding
Bonds Issued
After 6/27/12
01/31/
2018
08/01/2035 HDL Coren
& Cone
Continuing
disclosure,
dissemination
agent
17,625 N $2,500 - - - 2,500 - $2,500 - - - - - $-
31 Annual
Trustee Costs
Refunding
Bonds Issued
After 6/27/12
11/29/
2017
08/01/1935 U.S. Bank Annual
Trustee
Costs
35,000 N $1,175 - - - 1,175 - $1,175 - - - - - $-
32 Appraisal cost
for LRPMP
Property
Dispositions
07/01/
2022
06/30/2023 Apppraiser/
Consultant
Appraisal Guadalupe
Project
Area
3,000 N $3,000 - - - 3,000 - $3,000 - - - - - $-
33 Reconveyance
Costs
Property
Dispositions
07/01/
2022
06/30/2023 Various
Contractors
Marketing
Cost, Title
Insurance,
Escrow,
Attorney and
Closing Cost
Guadalupe
Project
Area
20,000 N $20,000 - - - 20,000 - $20,000 - - - - - $-
34 Al's Union Site
Remediation
Project
Property
Dispositions
06/01/
2008
06/30/2023 DMI EMK Disposition of
Agency
Property (995
Guadalupe
Street)
Guadalupe 100,000 N $49,037 - - - 49,037 - $49,037 - - - - - $- Guadalupe
Recognized Obligation Payment Schedule (ROPS 23-24) - Report of Cash Balances July 1, 2020 through June 30, 2021
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.
A B C D E F G H
ROPS 20-21 Cash Balances
(07/01/20 - 06/30/21)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.
Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/20)
RPTTF amount should exclude "A" period distribution
amount.
303,733 289,266 18,668 (25,255) Col G line 1 - Amount shown reflects ROPS 19-20 Prior Period Adjustment ($300),
expenditures of $9,166 due from City for
administrative expenses in excess of
approved ROPS 16-17 and $16,389 in
excess of approved ROPS 17-18
Administrative Cost Allowance
2 Revenue/Income (Actual 06/30/21)
RPTTF amount should tie to the ROPS 20-21 total
distribution from the County Auditor-Controller
2,803 61,034 528,614
3 Expenditures for ROPS 20-21 Enforceable Obligations
(Actual 06/30/21)
289,266 115,152 236,258
4 Retention of Available Cash Balance (Actual 06/30/21) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
306,536 292,356
5 ROPS 20-21 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 20-21 PPA
form submitted to the CAC
No entry required Amount ties to ROPS 20-21 PPA form
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.
A B C D E F G H
ROPS 20-21 Cash Balances
(07/01/20 - 06/30/21)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.
Non-Admin
and Admin
6 Ending Actual Available Cash Balance (06/30/21)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $- $(35,450) $(25,255) Col G line 6 - Amount shown reflects ROPS 19-20 Prior Period Adjustment
($300), expenditures of $9,166 due from
City for administrative expenses in excess
of approved ROPS 16-17 and $16,389 in
excess of approved ROPS 17-18
Administrative Cost Allowance
Guadalupe
Recognized Obligation Payment Schedule (ROPS 23-24) - Notes July 1, 2023 through June 30, 2024
Item # Notes/Comments
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 I:\BZL Common\My Clients\Guadalupe\Copy of Guadalupe Admin Costs ROPS 23-24 v2 12/19/2022
6 months 6 months Annual
Payroll Base 17.5% 17.5%
City Administrator 145,864 211,503 37,013 37,013 74,026 Finance Director 104,520 151,554 26,522 26,522 53,044
Total Payroll 63,535 63,535 127,070
Successor Agency Counsel 9,250 9,250 18,500
City Attorney 6,689 6,689 13,378
Professional Services 12,500 12,500 25,000
Allocated Costs 7,459 7,459 14,918
Contingency 5,000 5,000 10,000
Total Projected Admin Fees for full year 104,433 104,433 208,866 Guadalupe Successor Agency
Administrative Expenses
ROPS 23-24 July 1, 2023 - June 30, 2024
Base
w/benefits