Agenda packet — Guadalupe City Council, January 24, 2023

January 24, 2023 City of Guadalupe Council Meeting Agenda Page 1 of 5 City of Guadalupe
AGENDA
Regular Meeting of the Guadalupe City Council
Tuesday, January 24, 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 24, 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 Megan Lizalde
Mayor Pro Tempore Eugene Costa Jr.

Mayor Ariston Julian

2. PLEDGE OF ALLEGIANCE
January 24, 2023 City of Guadalupe Council Meeting Agenda Page 2 of 5

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
• Swearing in David Bonifacio, Fire Engineer

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

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

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

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

B. Approve payment of warrants for the period ending January 16, 2023.

C. Adopt second reading of Ordinance No. 2022-506 amending Chapter 18.53 Accessory Dwelling Units.

D. Receive the Clean California grant update.

E. Adopt Resolution No. 2023-04 approving the 2023 update to the City’s Sanitary Sewer Management Plan (SSMP).

F. Receive the November 2022 Financial Report.

G. Adopt Resolution No. 2023-05 approving amendment # 1 to the agreement between the City of Guadalupe and Andrew Goodwin Designs to complete the additional work required by the City’s Fire Department to the Royal Theater building.

H. MONTHLY REPORTS FROM DEPARTMENT HEADS

1. Public Safety Department:
a. Police Department report for November and December 2022 b. Fire Department report for November and December 2022 c. Code Compliance report for November and December 2022 January 24, 2023 City of Guadalupe Council Meeting Agenda Page 3 of 5

2. Human Resources report for November and December 2022

3. Recreation and Parks Department report for November and December 2022

4. City Treasurer’s report for November 2022

5. Royal Theater Update – Tom Brandeberry

7. CITY ADMINISTRATOR REPORT: (Information Only)

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

PUBLIC HEARING

9. Central Park Conceptual Design.

Written report: Shannon Sweeney, Public Works Director/City Engineer Recommendation: That the City Council conduct a public hearing to review a revised Central Park conceptual design and adopt Resolution No. 2023-06 to approve the revised conceptual design for the Central Park Renovation Project.

REGULAR BUSINESS

10. Finding of public purpose for expenditures required under emergency occupancy agreement for temporary lodging of displaced City residents and confirming ratification of the agreement as revised at the City Council meeting on January 17, 2023.

Written report: Philip F. Sinco, City Attorney
Recommendation: That the City Council adopt Resolution No. 2023-07 finding that the expenditure of public funds for temporary lodging of City residents displaced due to flooding during a local emergency serves a public purpose and confirming ratification of an emergency occupancy agreement as revised at the City Council meeting on January 17, 2023.

11. New Electric bus paint schematic.

Written report: Shannon Sweeney, Public Works Director/City Engineer Recommendation: That the City Council direct staff on preferred paint schematic and treatment for new electric bus.

12. Caltrans Guadalupe Street ADA project update.

Written report: Shannon Sweeney, Public Works Director/City Engineer Recommendation: That the City Council receive an update to the Caltrans Guadalupe Street ADA project and discuss next steps regarding City input on this project.

January 24, 2023 City of Guadalupe Council Meeting Agenda Page 4 of 5

13. Consideration of a proposed ordinance adding Chapter 8.80 to the Guadalupe Municipal Code entitled “Vacant Commercial Property Registration and Property Maintenance” relating to the required registration and maintenance of vacant commercial buildings.

Written report: Todd Bodem, City Administrator
Recommendation: That the City Council:
a. Receive a presentation from staff;
b. Accept public comments;
c. Introduce by title only and waive the first reading of Ordinance No. 2023-507 adding Chapter

8.80 to the Municipal code; and
d. Continue to the meeting of February 14, 2023, for second reading and adoption.

14. FUTURE AGENDA ITEMS

15. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS

16. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall display case and website not less than 72 hours prior to the meeting. Dated this 19th day of January 2023.
______________________________
Todd Bodem, City Administrator
Todd Bodem
January 24, 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, February 14, 2023, at 6:00 pm / Regular Meeting Royal Theater – California Arts Council (CAC) Grant Los Amigos de Guadalupe Consent Calendar January 17, 2023, City Council Minutes Administration Dept. Consent Calendar 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 Tuesday, March 14, 2023, at 6:00 pm / Regular Meeting
Other Unscheduled Items Proposed
Date of Item
Department Agenda Category
Tree Ordinance Public Works New Business
Sidewalk Vending Ordinance Planning Department New Business Vacant Property Ordinance Administration Dept New Business Food Truck and Special Event Ordinance Planning Dept New Business Gift Policy City Attorney New Business
Recognizing Food Distribution Volunteers Ceremonial Calendar Benefit for Unrepresented Employees Human Resources New Business Al’s Union Property New Business
Rent Stabilization New Business
Appointment to various boards and
committees
Administration Dept.

Agenda Item No. 6B

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of January 24, 2023
Approved by:

Veronica Fabian
Finance Account Clerk Accounting Supervisor
Todd Bodem
City Administrator
SUBJECT:

RECOMMENDATION:

Payment of warrants for the period ending January 16, 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 25, 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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Ordinance 2022-506 Page 1 of 1 January 10, 2023
Agenda Item No. 6C

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of January 24, 2023
__________________________________ __________________________________ Prepared by: Approved by:

Larry Appel, Contract Planning Director Todd Bodem, City Administrator SUBJECT: Second reading and adoption of Ordinance No. 2022-506 amending Chapter 18.53 (Accessory Dwelling Units).

RECOMMENDATION:

It is recommended that the City Council:
1) Receive a staff report; and
2) Approve on consent the second reading and adoption of Ordinance No. 2022-506 (Attachment 1), amending various sections of the ordinance
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 24, 2023 for second reading and adoption.

DISCUSSION:

Staff 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.

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.

CONCLUSION:

This ordinance will go into effect on February 24, 2023, thirty days after the second reading.

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

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Agenda Item No. 6D

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of January 24, 2023
_______________________________ _________________________________ Prepared by: Approved by:

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

For information only.

BACKGROUND:

On December 14, 2021, the Guadalupe Community Changers gave a presentation to City Council on community cleanups held in 2021. During the presentation, there was a request for more trash cans on Guadalupe Street. Prior to this request, there were trash cans at the Amtrak station and seven trash cans on Guadalupe Street. Two were added in 2022.

The City received a grant of $70,000 from the Clean California program dated January 7, 2022, but not fully executed until March 9, 2022. The use of these funds is limited to litter, debris, and graffiti removal along Highways 1 and 166.

DISCUSSION:

In order to qualify for reimbursement through the Clean California grant, data is required to demonstrate the time required to address litter, an estimate of litter collected, and other associated costs. A data sheet was created and implemented on June 13, 2022. Between then and November 7, 40 litter collection activities were documented by City staff, at approximately twice per week. Graph 1 shows a summary of trash collection.

During this time, approximately 27.5 cubic yards of trash were collected, including 1.3 cubic yards specific to 13 manual cleanups along Guadalupe Street. The trash cans in front of 955 and 771 Guadalupe Street and at the Amtrak Station are most often used.

In addition, the City hired a pressure washing company to remove graffiti from the sidewalk at Guadalupe and 5th Streets. This cost is also reimbursable.

The total amount requested for reimbursement at this time is $8,613.61.

Shannon Sweeney

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Graph 1: Summary of Trash Collection
0 5
10 15
20 25
30 35
40 1076 1015 955 928 899 867 862 Bus Stop 771 Amtrak Manual Times Emptied in 40 Trips
Location
Guadalupe Street Trash Evaluation
Half Full
Agenda Item No. 6E

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of January 24, 2023

_______________________________ _________________________________ Prepared by: Approved by:

Shannon Sweeney Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: Sanitary Sewer Management Plan (SSMP) Update
RECOMMENDATION:

That City Council adopt Resolution 2023-04 approving the 2023 update to the City’s SSMP.

BACKGROUND:

On May 2, 2006, the State Water Resources Control Board (State Board) adopted Order 2006 – 0003 – DWQ which prohibited discharges of untreated sewage to surface waters. This order also required system specific management, operation, and maintenance of public sewer systems. This General Order was amended on July 30, 2013, with Order WQ - 2013 – 0058 –EXEC which amended the monitoring and reporting program. On December 6, 2022, Order 2022 – 0103 – DWQ was adopted which supersedes the previous orders and becomes effective June 5, 2023.

The City’s sanitary sewer system was inspected by State Water Resources staff on September 26, 2022. As a result, the City received a Notice of Violation on December 16, 2022, for the following items: failure to update its SSMP every five years (last updated 2012), failure to audit its SSMP every two years, inadequate training, lack of a fats, oils, and grease program, and sanitary sewer overflows reaching surface waters occurring from 2008 through 2021.

The City has been given until January 31, 2023, to respond to the Notice of Violation.

DISCUSSION:

The updated SSMP included in Attachment 1 serves to meet the regulatory requirement for updating the SSMP. The updated SSMP includes Standard Operating Procedures that will form the basis for training, and a schedule for performing training, auditing, and document updates to meet regulatory requirements.

As for sanitary sewer overflows, staff has taken multiple actions to reduce the potential overflows, including the upsizing of hydraulically insufficient sewer main, the installation of sewer monitors to

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Shannon Sweeney

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provide advance warning of surcharge conditions, increasing sewer cleaning maintenance, and decreasing stormwater contribution to the sewer system.

ATTACHMENTS:

1. Sanitary Sewer Management Plan 2023 update

2. Resolution No. 2023-04
ATTACHMENT 1

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RESOLUTION NO. 2023-04

A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE
APPROVING THE JANUARY 2023 SANITARY SEWER MANAGEMENT PLAN (SSMP) UPDATE WHEREAS, the City of Guadalupe is currently enrolled under State Water Resource Control Board (SWRCB) General Order 2006 – 0003 – DWQ for the operation of its sanitary sewer system, and will be enrolling under the new General Order 2022 – 0103 – DWQ, which was adopted on December 6, 2022, and becomes effective June 5, 2023; and
WHEREAS, the City of Guadalupe sanitary sewer system was inspected by SWRCB staff on September 26, 2022, and received a Notice of Violation on December 16, 2022, for the following violations: failure to update its SSMP every five years, failure to audit its SSMP every two years, inadequate training, lack of a fats, oils, and grease program, and sanitary sewer overflows to surface waters that occurred from 2008 - 2021; and
WHEREAS, staff has updated its existing SSMP to incorporate Standard Operating Procedures for training purposes, update staff contact information, add a fats, oils, and grease program, and include modifications to meet the upcoming General Order 2022 – 0103 – DWQ, as well as to respond to the Notice of Violation received by the City on December 16, 2022.

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

1. The City of Guadalupe Sewer System Management Plan update meets the obligations of the statewide general waste discharge requirements for sanitary sewer systems and is hereby approved; and

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

PASSED, APPROVED AND ADOPTED at a regular meeting on the 24th day of January 2023 by the following vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTACHMENT 2

Page 2 of 2 ends

I, Todd Bodem, Deputy City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2023-04, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held January 24, 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

Page 1 of 1 ends

Agenda Item No. 6F

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of January 24, 2023

_______________________________ _________________________________ Prepared by: Approved by:

Robert Perrault, Interim Finance Director Todd Bodem, City Administrator SUBJECT: November 2022 Financial Report
RECOMMENDATION:

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

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

ATTACHMENTS:

1. November 2022 Financial Report
Robert Perrault
ATTACHMENT 1

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City of Guadalupe
Monthly Financial Report
Fiscal Year 2022-23 through November 2022
Overview
This financial report concentrates on the General Fund through November 2022, or 42 percent of the year expended. The purpose of the report is to provide a status of cash, fund balance and budgeted Revenue and Expenditures versus actual percent of the fiscal year expended. As a disclosure, the year-end process is still in progress and there may be additional adjustments recommended by the auditor.

General Fund Cash
Total cash as of November 30th, 2022, was $821,206. For comparison, as noted below the cash balance for October was $654,612. It is important to note that the cash balance is the cash that is available in the fund. This is much different then Fund Balance which incorporates liabilities and receivables. None the less the cash balance for the General Fund continues to improve which is an indicator of overall improvement in the health of the City General Fund Revenue
Actual revenue received through November 30thst, 2022, compared to the approved budgeted revenue shows the General Fund below target 30.5 percent of expected revenues as compared to 42% for 5 months expended through the year
The tables below show General Fund revenue by category. Property tax revenue for the current fiscal year began to slowly trickle in during November. The bulk of the City’s property tax will be received during the months of December and April. Typically,sales tax revenues from the State will Attachment 1

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be received at least two months following their actual payment to the State by local businesses. So far, only Sales Tax collected through September have been received by the City, The City received building permit fees from Escalante Meadows at the beginning of the year. Although revenues received through November reflect 30.5% of the budget this is not a matter for concern at this time.

This is typical for the early months of the Fiscal year. The one note of concern is relative to the $100,000 the budget anticipates from the cannabis operations. Since these businesses are experiencing slow start ups these revenues are not likely to be received in this fiscal year. We will review this issue in more detail during the Mid-year Budget review.

Gen. Fund Revenue by Category
Category Budget Actual %
Property Tax 1,650,801 172,816 10.5%
Transfers from other funds 1,665,486 486,908 29.3%
Sales Tax 1,241,166 401,851 32.4%
Utility Users Tax 450,000 185,270 41.3%
Building Permit & Planning 272,900 241,274 88.5%
Business License 272,000 245,241 90.0%
Franchise Fees 260,000 48,240 18.6%
COPS Grant 185,100 90,005 48.7%
Rental of Property 115,300 56,460 49.0%
Administrative Overhead 92,400 31.204 33.8%
Other 726,360 149,705 30.7%
Total Revenue 6,931,513 2,108,974 30.5%
Attachment 1

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Other Revenue Budget Actual %
Dividends 1,800 927 51.5%

64.9%
#DIV/0!

3.5%

12.7%
101.5%

0.0%

25.5%

0.0%

75.2%

51.0%
233%

51.0%

0.0%
117.9%
#DIV/0!
178%
-%

0.0%

25.7%
#DIV/0!
180%
#DIV/0!
#DIV/0!
#DIV/0!
#DIV/0!

20.7%
Other Lic/Permits 18,200 11,800
Over counter plan chk - -
Cannabis 100,000 3,500
Criminal Fines 300 38
Other Fines 5,000 5,074
Other Gov Grants 6,000 -
Vehicle Anti Theft 4,000 1,021
LEAP/REAP Grants 127,050 -
Grading Permit 900 -
Public Impr Plan Chk 500 -
Plans & Specs 13,500 10,151
AMR Fire 16,700 8,532
Other Permit 2,500 5,823
Other Service Chages 500 255
Chevron 90,000 -
Interest Inc 1,000 1,179
Investment Inc - -
Misc Inc 1,500 2,673
Cash Over/Short 10 128
SRO 60,400 -
v from other agencies 268,000 68,700
other parks & rec - 690
Misc Rev Police 8,500 15,352

POST - -
W/C Reimbursement - 12,911
TOT - 401
contributions - 550
726,360 149,705
General Fund Expenditures
Expenditures are currently under budget at 37 percent expended as compared to the approved budget. The Table and Chart below shows all General Fund Departments and spending trends as of November 30th, 2022. All departments are relatively within budget through November 2022.

Overall, expenditures for the General Fund are higher than revenues by $219,976 through November 2022 related to the timing ofreceipt of funds and year-end adjustmentsfor accruals. It is common that revenues would exceed expenditures at this time of the fiscal year. Expenditures may appear high for the City Council department budget. This is due to the size of the department budget and a one time cost of an insurance payment. Building and Safety is slightly higher for this time of year but these expenditures are off-set by the fees collected for the activity Attachment 1

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2022-23 GENERAL FUND EXPENDITURES
DEPARTMENT NAME Approved Budget Actual Spent as of
10/31/2022 42%
City Council 12,680 6,436 51%
Administration 507,300 168,092 33%
City Attorney 110,000 34,894 31%
Finance 590,883 216,540 37%
Non Departmental 457,841 107,702 18%
Building Maintenance 329,594 54,467 17%
Police 2,905,300 987,345 34%
Fire 1,264,400 481,908 38%
Parks & Rec 369,372 146,369 40%
Building and Safety 253,060 104,333 41%
Cannabis - 20.864 #DIV/0!
TOTAL ALL DEPARTMENTS: 6,931,097 2,328,950 37%
General Fund Balance
The term fund balance is used to describe the net position of governmental funds calculated in accordance with generally accepted accounting principles (GAAP). It is intended to serve as a measure of the financial resources available to the fund. Fund balance represents the total amount accumulated in the fund from prior years at a point in time. The fund balance in the General Fund was noted as of October 31st, 2022 to be $588,247.55. Staff is still reviewing the Fund Balance figures for November, and it is expected to increase slightly over the October figure.

A priority for City is to continue to increase the fund balance enough to establish a reserve of a minimum of 15% of the General Fund operating budget, which is $1,020,124.

Attachment 1

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Enterprise Funds
The City’s Enterprise Funds are considered proprietary independent Funds and should be viewed as operating more like independent businesses. Revenues are primarily fee based and are expected to cover the costs of delivering services plus depreciation on equipment and facilities. Outlined briefly below is a comparison of Revenues and Expenditures for both the Water and Wastewater Funds:

Water Operations
Revenue
Budget Actual Percentage
$2,626,014 $926,672 35.3%

Expenditures
Budget Actual Percentage
$2,619,943 $813,144 31.3%
Wastewater
Revenue
Budget Actual Percentage
$2,269,300 $733,023 32.3 %
Expenditures
Budget Actual Percentage
$2,106,430 $562,248 26.7%

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

City Staff will continue to monitor closely and continue to provide a financial report to Council monthly.

Information in this report is unaudited.

Agenda Item No. 6G

REPORT TO THE GUADALUPE CITY COUNCIL
Agenda of January 24, 2023
__________________________________
Prepared by:

Todd Bodem, City Administrator
SUBJECT: Amendment to agreement for services between the City of Guadalupe and Andrew Goodwin Designs to complete additional work required by the City’s Fire Department but not required by building code.

RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 2023-05 approving amendment no. 1 to the agreement between the City of Guadalupe and Andrew Goodwin Design to complete additional design work required by the City’s Fire Department.

BACKGROUND:

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

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

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

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

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

Thereafter, the City Council directed and approved City staff to released a second, revised RFP, for the renovation of the Royal Theatre with change from a developer approach to a design-build RFP, allowing the city to maintain ownership during and after renovations. The RFP was release April 16, 2021, with a deadline date of May 17, 2021. One design build proposal was received May 14, 2021, from Andrew Goodwin Designs/ Specialty Construction, Inc.

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

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

DISCUSSION:

In addition to the EDA grant, after the City contracted with AGD to bring the architectural and engineering work to being “shovel ready,” the City received an award from California Arts Council (CAC) in the amount of $5,000,000. This award, along with the EDA grant, brought the total amount of funding for the project to $9,889,121. To complete the final design plan phase, which include pulling permits, AGD was informed by the Fire Department that additional design work was needed but not required by the state Fire Code. Since the addional plan work was not part of the building code, nor was this additional work required by the City’s agreement with AGD, an “add service” amendment to the agreement is required for the work to be performed.

To begin the process of developing bid documents, AGD needs the plans to be finalized with the City. The Fire Department is requersting additional design work due to concerns with the three story addition at the back of the Royal Theatre. This work, which was not in AGD orginal scope of work will require additional work for their engineering subcontractor. Per the Fire Department (Patrick Schmitz, Captain):
“The new building must comply with the new building standards. I know that the code does not mandate the Standpipe on the building because it's a few feet lower than the threshold required by the code. But after a review and consultation with the City of Santa Maria Fire Marshal, it was determined that a standpipe needed to be added based on performance requirements (Staffing, Mutual Aid availability). The third story of the building is being used as an event space, and the roof deck does not have any fire protection. This means that if any fire were to start on the roof deck or adjacent equipment area, there would be no suppression activity until the fire department is able to get hoses up to the third story. Having the Standpipe there would substantially improve safety and suppression times.”
Based on Captain Schmitz comments, above, City staff are in agreement to add this work to AGD contract.

FISCAL IMPACT:

The additional cost for this add service is $6,127. The EDA has indicated that the funds being requested for AGD “add service” can be paid by the two other sources of funds leveraged into this project: CAC ($5M) and remaining Successor Agency funds.

ATTACHMENTS:

1. Resolution No. 2023-05

2. Amendment No. 1 AGD Royal Theater Agreement Phase II

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RESOLUTION NO. 2023-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE APPROVING AMENDMENT NO. 1 TO

THE AGREEMENT BETWEEN THE CITY OF GUADALUPE AND ANDREW GOODWIN DESIGN TO COMPLETE ADDITIONAL DESIGN WORK REQUIRED BY THE CITY’S FIRE DEPARTMENT WHEREAS, based on the City Council guidance, City staff released a Request for Proposals (RFP) for a design-build proposal for the renovation of the Royal Theater, allowing the City to maintain ownership during and after renovations; and
WHEREAS, the RFP was released on April 16, 2021, with a deadline date of May 17, 2021, and one design build proposal was received on May 14, 2021, from Andrew Goodwin Designs/Specialty Construction Inc; and
WHEREAS, City staff requested that the process be split into two phases: design/engineering and construction, since there was no funding available at the time for the construction phase; and WHEREAS, City staff recommended, and the City Council approved only the design/engineering phase, and that it required that the lead entity be Andrew Goodwin Designs (AGD) to bring the project to "shovel ready"; and
WHEREAS, the City Council approved an agreement with AGD for the second phase of the renovation of the Royal Theatre for the bidding and construction administration (“Agreement”) at its meeting on July 13, 2021; and
WHEREAS, the City Council approved changes to the Agreement concerning indemnification provisions that had been subsequently negotiated between the parties at its meeting on August 10, 2021; and WHEREAS, City staff had also intended to clarify that the Agreement was for a two-year term commencing on June 22, 2021, but this was only stated in the staff report and the actual Agreement that was approved by the Council at the meeting on August 10, 2021, was only for a one-year term, and the parties wish to clarify and ensure that the term of the Agreement is for a two-year period; and WHEREAS, the City Fire Department is requesting addition plan design work for items that are not required by the state Fire Code, and therefore, were not included in the scope of services set forth in Exhibit A to the Agreement; and
WHEREAS, the additional design work and the cost ($6,127) is described in a document entitled “Add Service Amendment #3 Agreement” which is attached to the staff report for this item and which will be included as part of Exhibit A (Scope of Services) to the Agreement; WHEREAS, Exhibit B (Compensation) to the Agreement will also be amended to include the cost for the additional design work.

ATTACHMENT 1

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

1. That Amendment No. 1 to the Agreement between the City of Guadalupe and Andrew Goodwin Designs is hereby approved; and

2. That the Mayor is authorized to sign Amendment No. 1 on behalf of the City; and

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

PASSED, APPROVED AND ADOPTED at a regular meeting on the 24th 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. 2023-05, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held January 24, 2023, and that same was approved and adopted.

AGREEMENT FOR CONSULTANT SERVICES BETWEEN

THE CITY OF GUADALUPE
AND

ANDREW GOODWIN DESIGNS
This Amendment No. 1 to the Agreement for Consultant Services between the City of Guadalupe and Andrew Goodwin Designs (the "Agreement") is made and entered into this 24th day of January 2023, by and between the CITY OF GUADALUPE, a municipal corporation ("City") and Andrew Goodwin Designs ("Consultant").

WHEREAS, City and Consultant entered into an Agreement for a one-year period from June 22, 2021, to June 22, 2022, which was approved by the City Council at its meeting on July 13, 2021; and
WHEREAS, after the approval of the Agreement by the City Council on July 13, 2021, the consultant requested some changes to the indemnification provisions in the Agreement, which were negotiated and eventually agreed to by both parties; and WHEREAS, the consultant also had noted an ambiguity in the Agreement as it stated it was “for a period of one year” but also stated the term of the Agreement as being from June 22, 2021, to June 22, 2022; and
WHEREAS, the City Council was asked to approve the agreed upon changes to the indemnification provisions of the Agreement at its meeting on August 10, 2021, which it did; and WHEREAS, unfortunately, the staff report for that item (on the consent calendar) indicated that the Agreement was revised so that it was for a two-year period, but the actual Agreement attached to the staff report indicated that the Agreement was only for a one-year period ending on June 22, 2022 (which was a mistake by City staff); and WHEREAS, the Agreement was intended to be for a two-year period ending on June 21, 2023; and
WHEREAS, additional design work was recently requested by the City of Guadalupe Fire Department that is not required by the state Fire Code, and therefore, was not included within the original scope of services for the agreement (Attachment A to the Agreement), but which work can be accomplished for an additional amount of $6,127 in addition to the amount provided in Attachment B to the Agreement.

ATTACHMENT 2
NOW, THEREFORE, in consideration of the foregoing recitals and in mutual consideration of the covenants and conditions set forth in the Agreement, the parties agree as follows:

1. All of the terms and conditions of the Agreement remain the same, except that the following section of the Agreement are modified as follows:

Section 1. Term of Agreement. Subject to the provisions of Section 18 (Termination of Agreement) of this Agreement, the term of this Agreement shall be for a period of two (2) years from June 22, 2021, through June 21, 2023. Such term may be extended upon written agreement of both parties to this Agreement.

2. The document attached hereto as Exhibit 1 and entitled “Add Service #3 Agreement” is hereby to be included as part of Attachment A (Scope of Services) to the Agreement.

3. The document attached hereto as Exhibit 2 replaces Attachment B (Compensation) to the Agreement.

CITY: CONSULTANT:

CITY OF GUADALUPE ANDREW GOODWIN DESGINS
By: ______________________________ by: ___________________________ Ariston D. Julian, Mayor Andrew Goodwin
APPROVED AS TO FORM:
__________________________________
Philip Sinco, City Attorney
2050 P ARKER S T R E E T , S A N L U I S O B I S P O , CA 93401 - 8 0 5 . 4 3 9 . 1 6 1 1

ANDREW GOODWIN DESIGNS
DESIGN | ARCHITECTURE | PLANNING
ADD SERVICE #3 AGREEMENT
AGREEMENT made as of: December 5, 2022
Between the CLIENT: City of Guadalupe
918 Obispo Street
Guadalupe, CA 93434
and the CONSULTANT: Andrew Goodwin, AIA
Andrew Goodwin Designs
2050 Parker Street, San Luis Obispo, CA 93401 (805-439-1611) for the following Project: Add Service #3 for Fire Sprinkler System Changes SECTION 1: SCOPE OF SERVICES:

1.1 Andrew Goodwin Designs (AGD)’ services consist of those described in this section. This agreement is for the addition of standpipe hose connections to the fire sprinkler riser submission as requested by the Guadalupe Fire Department. This is not required by code and is a preference of the fire department and therefore an add service is being requested.

1.2 . All services performed outside of these services listed in the previous contract and below shall be considered Additional Services. Additional Services will be billed at an hourly rate or as agreed upon by the Client and Consultant(s).

SCOPE OF SERVIES BREAK-DOWN
Design Phase:

1. Revise fire suppression system drawings for a commercial fire sprinkler system to add standpipe hose connections in accordance with NFPA 14 2016 Edition.

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

SECTION 2: COMPENSATION

2.1 The work described in Section 1 will be billed as a lump sump by Andrew Goodwin Designs, and the work will be performed per the consultant fee plus a 10% markup for project management and contingency.

Engineering Fee: $5570.00
PM Fee: $557.00
TOTAL: $6127.00
Note: Hourly rate/fees for professional services only and does not include Reimbursable Expenses. Printing will be charged in addition to this fee above.

Rate Schedule (for any additional work as needed)
• Principal Architect/Stamping $175.00
• Principal Design/Senior Project Manager $135.00
• Professional Designer/Project Manager $100.00
• Architectural Designer/Rendering $85.00
• Clerical $75.00
EXHIBIT 1
2050 P ARKER S T R E E T , S A N L U I S O B I S P O , CA 93401 - 8 0 5 . 4 3 9 . 1 6 1 1 SECTION 3: ACCEPTANCE

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

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

Sincerely,
Andrew Goodwin, AIA, LEED AP _________________________________________________________ Architect, Owner Client Acceptance Date Phone
Print Name:_______________________________________________ December 4, 2022
Mr. Andrew Goodwin
AGD Architecture Design
2050 Parker Street
San Luis Obispo, CA 93401
Re: Fire Protection Design Proposal
Guadalupe Royal Theater
848 Guadalupe Street
Guadalupe, California 93160
Dear Mr. Goodwin:

Per the request of the Guadalupe Fire Department, we are pleased to submit this proposal to provide fire protection desgin services in support of the Guadalupe Royal Theater Project addition of standpipe hose connections to the fire sprinkler system riser.

I. Scope of Work:

Design Phase:

1. Revise fire suppression system drawings for a commercial fire sprinkler system to add standpipe hose connections in accordance with NFPA 14 2016 Edition.

II. Engineering Fee:

Our fees to complete the Scope of Work items are as follows:

NFPA 14 Standpipe Drawings & Calculations $5,570.00
Thank you for the opportunity to provide this proposal. Please contact our office with any questions.

Sincerely,
Al Yakel
President
Accepted By: ___________________________________
Date: ___________________________________
260 Maple Court, Suite 241, Ventura, California 93003 (805) 658-0003 ATTACHMENT B – Compensation
Architectural $72,000
Civil Engineer $16,800
Audio Visual Engineer $29,720
Acoustics Engineer $19,560
Structural Engineer $35,400
Mechanical/plumbing Engineer $29,400
Electrical Engineer $20,040
Historical Consultant $24,000
Fire Protection $24,480
Consultants $17,850
Add Service #3 $6,127
Total $292,997
EXHIBIT 2

GUADALUPE POLICE DEPARTMENT

MONTHLY ADMINISTRATIVE OPERATIONAL DATA SUMMARY
PART I: CRIMES

TYPE OF CRIMES

REPORTED CLEARED REPORTED CLEARED REPORTED CLEARED REPORTED CLEARED 187 PC HOMICIDE 0 0 0 0 0 0 0 0
261 PC RAPE 0 0 0 0 1 0 3 3
211 PC ROBEBRRY 0 0 0 0 0 0 0 0
242/245 PC ASSAULT 1 0 6 5 35 30 53 46
459 PC BURGLARY 3 0 3 1 19 8 25 3
484/487 PC THEFT 5 0 4 0 50 4 33 2
10851 VC VEH THEFT 6 0 2 0 22 11 32 6
451 PC ARSON 1 1 0 0 2 1 0 0
TOTAL 16 1 15 6 129 54 146 60
PART II: REPORTED CRIMES

REQUEST FOR SERVICE

TOTAL REPORTS TAKEN

TOTAL REQUEST FOR SERVICE

TOTAL ACTIVITY FOR THE MONTH

DOMESTIC VIOLENCE REPORT

TOTAL PROPERTY STOLEN

TOTAL PROPERTY RECOVERED
PART III: ARREST SUMMARY

OFFENCES

ADULTS JUVENILES ADULTS JUVENILES ADULTS JUVENILES ADULTS JUNENILES FELONY 1 3 2 0 38 4 51 3
MISDEMINOR 1 1 10 2 91 5 108 11
TOTAL 2 4 12 2 129 9 159 14
23152(a&b) VC ARREST

WARRANT ARREST
$11,230.00 $10,118.00 $760,040.00 $62,681.00
$625.00 $0.00 $18,025.00 $0.00
239 286 3231 3391
0 4 19 26
66 805 744
184 220 2426 2647
NOTE: DUI AND WARRANT DATA ARE INCLUDED IN ABOVE ARREST TOTALS MONTH OF NOVEMBER 2022

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

THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE 55 29
11 1
1 4
0 26
13 Agenda Item No. 6H 1a

GUADALUPE POLICE DEPARTMENT

MONTHLY ADMINISTRATIVE OPERATIONAL DATA SUMMARY
PART IV: NARCOTIC ACTIVITY

TYPE OF NARCOTICS

REPORTED CLEARED REPORTED CLEARED REPORTED CLEARED REPORTED CLEARED HEROIN 0 0 0 0 0 0 0 0
COCAINE 0 0 0 0 0 0 0 0
METHAMPHETAMINE 0 0 0 0 0 0 4 4
MARIJUANA 0 0 0 0 2 2 1 1
PARAPHERNALIA 0 0 0 0 3 3 8 8
TOTAL 0 0 0 0 5 5 13 13
PART V: SPECIAL DATA

OFFICER ASSULTED

INJURY ON DUTY
ADDITIONAL INFORMATION:

STAFFING: 1 POLICE CHIEF FILLED
1 POLICE LIEUTENANT FILLED
2 POLICE SERGEANTS 1 UNFILLED POSITION
2 AIRPORT POLICE OFFICERS FILLED
10 POLICE OFFICERS 3 UNFILLED POSITIONS
3 OFFICE STAFF PERSONNEL 2 FULL TIME FILLED/1 TEMPORARY POSITI0N FILLED 5 RESERVE POLICE OFFICERS 5 UNFILLED POSITIONS
1 COMMUNITY SERVICE TECHNICIAN FILL TIME POSITION UNFILLED 1 EVIDENCE TECHNICIAN 1 UNFILLED POSITION
2 POLICE VOLUNTEERS 2 UNFILLED POSITIONS
COMMENTS:
0 2 5
0 0 1 0
MONTH OF NOVEMBER 2022

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

THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE 0 GUADALUPE POLICE DEPARTMENT

MONTHLY ADMINISTRATIVE OPERATIONAL DATA SUMMARY
PART I: CRIMES

TYPE OF CRIMES

REPORTED CLEARED REPORTED CLEARED REPORTED CLEARED REPORTED CLEARED 187 PC HOMICIDE 0 0 0 0 0 0 0 0
261 PC RAPE 0 0 0 0 1 0 3 3
211 PC ROBEBRRY 0 0 0 0 0 0 0 0
242/245 PC ASSAULT 6 5 2 2 41 35 55 48
459 PC BURGLARY 0 0 2 0 19 8 27 3
484/487 PC THEFT 1 1 11 2 51 5 44 4
10851 VC VEH THEFT 3 0 1 1 25 11 33 7
451 PC ARSON 0 0 0 0 2 1 0 0
TOTAL 10 6 16 5 139 60 162 65
PART II: REPORTED CRIMES

REQUEST FOR SERVICE

TOTAL REPORTS TAKEN

TOTAL REQUEST FOR SERVICE

TOTAL ACTIVITY FOR THE MONTH

DOMESTIC VIOLENCE REPORT

TOTAL PROPERTY STOLEN

TOTAL PROPERTY RECOVERED
PART III: ARREST SUMMARY

OFFENCES

ADULTS JUVENILES ADULTS JUVENILES ADULTS JUVENILES ADULTS JUNENILES FELONY 2 0 3 0 40 4 54 3
MISDEMINOR 13 0 8 1 104 5 116 12
TOTAL 15 0 11 1 144 9 170 15
23152(a&b) VC ARREST

WARRANT ARREST
31 12
2 0
2 1
28 13
$62.00 $2,008.00 $760,102.00 $64,689.00
$0.00 $0.00 $18,025.00 $0.00
255 264 3486 3655
5 2 24 28
60 861 804
199 204 2625 2851
NOTE: DUI AND WARRANT DATA ARE INCLUDED IN ABOVE ARREST TOTALS MONTH OF DECEMBER 2022

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

THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE 56 GUADALUPE POLICE DEPARTMENT

MONTHLY ADMINISTRATIVE OPERATIONAL DATA SUMMARY
PART IV: NARCOTIC ACTIVITY

TYPE OF NARCOTICS

REPORTED CLEARED REPORTED CLEARED REPORTED CLEARED REPORTED CLEARED HEROIN 0 0 0 0 0 0 0 0
COCAINE 0 0 0 0 0 0 0 0
METHAMPHETAMINE 0 0 0 0 0 0 4 4
MARIJUANA 0 0 0 0 2 2 1 1
PARAPHERNALIA 0 0 1 1 3 3 9 9
TOTAL 0 0 1 1 5 5 14 14
PART V: SPECIAL DATA

OFFICER ASSULTED

INJURY ON DUTY
ADDITIONAL INFORMATION:

STAFFING: 1 POLICE CHIEF FILLED
1 POLICE LIEUTENANT FILLED
2 POLICE SERGEANTS 1 UNFILLED POSITION
2 AIRPORT POLICE OFFICERS FILLED
10 POLICE OFFICERS 3 UNFILLED POSITIONS
3 OFFICE STAFF PERSONNEL 2 FULL TIME FILLED/1 TEMPORARY POSITION FILLED 5 RESERVE POLICE OFFICERS 5 UNFILLED POSITIONS
1 COMMUNITY SERVICE TECHNICIAN FULL TIME POSITION UNFILLED 1 EVIDENCE TECHNICIAN 1 UNFILLED POSITION
2 POLICE VOLUNTEERS 2 UNFILLED POSOTIONS POSITIONS
COMMENTS:
0 2 5
0 0 1 0
MONTH OF DECEMBER 2022

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

THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE 0 Rev: 12/01/2022

GUADALUPE FIRE DEPARTMENT
TO: PUBLIC SAFETY DIRECTOR, MICHAEL CASH
FROM: CAPTAIN PATRICK SCHMITZ
SUBJECT: MONTHLY SUMMARY OF CODE ENFORCEMENT CASES
November 1, 2022 – November 30, 2022
DATE: 12/01/2022
CALLS FOR SERVICE November 2022
INCIDENT TYPE This
Month
Last
Month
Year to Date
(2022-2023)
Year to date
(2021-2022)
Medical 32 23 155 171
Structure Fire 1 0 1 0
Cooking Fire 0 0 0 4
Trash or Rubbish Fire 1 0 5 4
Vehicle Fire 2 0 2 3
Grass/Vegetation Fire 1 0 1 1
Other Fire 1 0 1 0
Motor Vehicle Accidents with Injuries 1 1 8 11
Motor Vehicle Accidents No Injuries 4 3 10 9
Motor Vehicle/Pedestrian Accident 0 0 4 0
Hazardous Materials Spill/Release 1 0 3 1
Hazardous Condition Other 0 2 4 4
Water Problem/Leak 0 0 2 3
Animal Problem 0 0 1 0
Search / Rescue 0 0 0 0
Public Assistance 0 1 8 11
Police Matter/Assistance 0 0 2 5
Illegal Burn 0 0 0 0
Smoke/CO Detector Activation 1 1 10 3
Dispatch and Canceled En-route 4 2 14 19
False Alarm 2 0 6 7
TOTAL 51 33 237 256
Additional Information
STAFFING: 1 Public Safety Director (Police/Fire Chief)
3 Fire Captains
3 Fire Engineers
1 Paid Call Firefighters 5 Position Vacant
Agenda Item No. 6H 1b
Rev: 12/01/2022

GUADALUPE FIRE DEPARTMENT
Special Assignments / Coverage:
- Food Distribution (11/02)
- Pet Wellness Clinic (11/13)
- Fire Drill (Mary Buren School) (11/14)
CODE COMPLIANCE CASES ` December 2022
INCIDENT TYPE This
Month
Last
Month
Year to Date
(2022-2023)
Year to date
(2021-2022)
Business License (GMC 5.04.040) 0 0 0 0
Animal Nuisance (Odor, Noise) (GMC 6.04.100 (A,E)) 0 0 - - Fowl, Livestock and Wild Animals (GMC 6.04.210) 1 0 1 - Residential Solid Waste Collection (GMC 8.08.070) 0 0 - - Litter Accumulation (GMC 8.12.020) 1 0 2 0
Burning Garbage Prohibited (GMC 8.12.150) 0 0 - -
Abatement of Weeds and Rubbish (GMC 8.16.010) 0 1 11 0
Discharge of Illegal Fireworks (GMC 8.24.020) 0 0 - -
Unlawful Property Nuisance (GMC 8.50.070) 0 0 - -
Graffiti Abatement (GMC 9.07.060) 0 0 - -
Parking of Large Vehicles / Trailers (GMC 10.24.190) 0 0 - - Abandoned Vehicles (GMC 10.36.010) 1 0 1 -
Portable/fixed basketball goals (GMC 10.48.050) 0 0 - - Working Without Permits (GMC15.04.020) 0 0 1 0
Address Number (GMC 15.08.020 (505.1)) 0 2 10 0
Illegal Garage Conversion (GMC 18.08.120, 18.08.160) 0 0 - - Wall, Fence, or Hedge Requirements (GMC 15.52.121) 0 0 - - Damage Fence (GMC 18.52.125) 0 0 - -
Trailers / Mobile Homes as Living Space (GMC 18.56.030) 0 0 - - Parking on Front Yard Setback (GMC 18.60.035) 6 0 6 -
Landscape Maintenance Required (GMC 18.64.120) 0 0 - -
Complaints (No Violation Found) 0 3 6 4
Apartment Inspections 1 0 2 0
Yearly Business Inspections 8 6 44 14
Other 2 0 8 8
TOTAL 20 12 92 29
Complaints Received 0 3 7 7
Miscellaneous This
Month
Last
Month
Year to Date
(2022-2023)
Year to date
(2021-2022)
Visitors 25 11 112 125
Public Relations 21 5 37 19
School Visits 0 1 4 1
Rev: 12/01/2022

GUADALUPE FIRE DEPARTMENT
TO: PUBLIC SAFETY DIRECTOR, MICHAEL CASH
FROM: CAPTAIN PATRICK SCHMITZ
SUBJECT: MONTHLY SUMMARY OF CODE ENFORCEMENT CASES
December 1, 2022 – December 31, 2022
DATE: 01/01/2023
CALLS FOR SERVICE December 2022
INCIDENT TYPE This
Month
Last
Month
Year to Date
(2022-2023)
Year to date
(2021-2022)
Medical 38 32 193 192
Structure Fire 1 1 2 0
Cooking Fire 0 0 0 4
Trash or Rubbish Fire 1 1 6 4
Vehicle Fire 0 2 2 4
Grass/Vegetation Fire 0 1 1 1
Other Fire 0 1 1 1
Motor Vehicle Accidents with Injuries 1 1 9 12
Motor Vehicle Accidents No Injuries 0 4 10 11
Motor Vehicle/Pedestrian Accident 0 0 4 0
Hazardous Materials Spill/Release 0 1 3 2
Hazardous Condition Other 4 0 8 7
Water Problem/Leak 1 0 3 3
Animal Problem 0 0 1 1
Search / Rescue 0 0 0 0
Public Assistance 5 0 13 15
Police Matter/Assistance 2 0 4 6
Illegal Burn 0 0 0 0
Smoke/CO Detector Activation 3 1 13 3
Dispatch and Canceled En-route 0 4 14 22
False Alarm 1 2 7 11
TOTAL 57 51 294 299
Additional Information
STAFFING: 1 Public Safety Director (Police/Fire Chief)
3 Fire Captains
2 Fire Engineers 1 Position Vacant
1 Paid Call Firefighters 5 Position Vacant
Rev: 12/01/2022

GUADALUPE FIRE DEPARTMENT
Special Assignments / Coverage:
- Food Distribution (12/01)
- Mary Buren Winter Event (12/13)
- Christmas Candy (12/25)
CODE COMPLIANCE CASES ` December 2022
INCIDENT TYPE This
Month
Last
Month
Year to Date
(2022-2023)
Year to date
(2021-2022)
Business License (GMC 5.04.040) 0 0 0 0
Animal Nuisance (Odor, Noise) (GMC 6.04.100 (A,E)) 0 0 - - Fowl, Livestock and Wild Animals (GMC 6.04.210) 1 1 2 - Residential Solid Waste Collection (GMC 8.08.070) 0 0 - - Litter Accumulation (GMC 8.12.020) 0 1 2 0
Burning Garbage Prohibited (GMC 8.12.150) 0 0 - -
Abatement of Weeds and Rubbish (GMC 8.16.010) 0 0 11 0
Discharge of Illegal Fireworks (GMC 8.24.020) 0 0 - -
Unlawful Property Nuisance (GMC 8.50.070) 0 0 - -
Graffiti Abatement (GMC 9.07.060) 0 0 - -
Parking of Large Vehicles / Trailers (GMC 10.24.190) 0 0 - - Abandoned Vehicles (GMC 10.36.010) 0 1 1 0
Portable/fixed basketball goals (GMC 10.48.050) 0 0 - - Working Without Permits (GMC15.04.020) 0 0 1 0
Address Number (GMC 15.08.020 (505.1)) 0 0 10 0
Illegal Garage Conversion (GMC 18.08.120, 18.08.160) 0 0 - - Wall, Fence, or Hedge Requirements (GMC 15.52.121) 0 0 - - Damage Fence (GMC 18.52.125) 0 0 - -
Trailers / Mobile Homes as Living Space (GMC 18.56.030) 0 0 - - Parking on Front Yard Setback (GMC 18.60.035) 7 6 13 -
Landscape Maintenance Required (GMC 18.64.120) 0 0 - -
Complaints (No Violation Found) 0 0 6 5
Apartment Inspections 1 1 3 0
Yearly Business Inspections 2 8 46 19
Other 1 2 9 8
TOTAL 12 20 104 35
Complaints Received 0 0 7 8
Miscellaneous This
Month
Last
Month
Year to Date
(2022-2023)
Year to date
(2021-2022)
Visitors 40 25 152 148
Public Relations 3 21 40 26
School Visits 0 0 4 1

GUADALUPE CODE COMPLIANCE
TO: PUBLIC SAFETY DIRECTOR, MICHAEL CASH
FROM: CODE COMPLIANCE OFFICER, JOSUE MERAZ
SUBJECT: MONTHLY SUMMARY OF CODE ENFORCEMENT CASES
NOVEMBER 1, 2022 – NOVEMBER 30, 2022
DATE: 12/01/2022

CODE ENFORCEMENT CASES
INCIDENT TYPE This
Month
Last
Month
Year to Date
(2020-2021)
Business License (GMC 5.04.040) 0 0 3
Animal Nuisance (Odor, Noise) (GMC 6.04.100 (A,E)) 1 0 9 Fowl, Livestock and Wild Animals (GMC 6.04.210) 0 0 2
Litter Accumulation (GMC 8.12.020) 0 0 11
Abatement of Weeds and Rubbish (GMC 8.16.010) 0 0 12
Burning Garbage Prohibited (GMC 8.12.150) 0 0 0
Unlawful Property Nuisance (GMC 8.50.070) 0 1 18
Graffiti Abatement (GMC 9.07.060) 0 0 2
Abandoned Vehicles/ Vehicle Covers (GMC 10.36.010) 0 0 19 Portable/fixed basketball goals (GMC 10.48.050) 0 0 0
Parking of large vehicles/trailers (GMC 10.24.190) 0 0 3 Wall,Fence,or Hedge Requirements (GMC 18.52.121) 1 0 1
Working Without Permits (GMC15.04.020) 1 2 11
Address Number (GMC 15.08.020 (505.1)) 0 0 0
Illegal Garage Conversion (GMC 18.08.120, 18.08.160) 0 0 0 Damage Fence (GMC 18.52.125) 0 0 1
Parking on Front Yard Setback (GMC 18.60.035) 0 0 8
Trailers/Mobile homes as living space (GMC 18.56.030) 0 0 1 Residential Solid Waste Collection (GMC 8.08.070) 0 0 2 Landscape Maintenance Required (GMC 18.64.120) 0 1 16
Discharge of illegal fireworks (GMC 8.24.020) 0 0 8
72hr Parking 2 2 66
Code 60 Citations 0 0 24
TOTAL 5 6 217
Complaints Received 7 6 78
Miscellaneous This
Month
Last
Month
Year to Date
(2020-2021)
Visitors 0 0 0
Public Relations (Food distribution, Covid Vaccination) 1 1 11 School Visits () 0 0 0
Agenda Item No. 6H 1c

GUADALUPE CODE COMPLIANCE
TO: PUBLIC SAFETY DIRECTOR, MICHAEL CASH
FROM: CODE COMPLIANCE OFFICER, JOSUE MERAZ
SUBJECT: MONTHLY SUMMARY OF CODE ENFORCEMENT CASES
DECEMBER 1, 2022 – DECEMBER 31, 2022
DATE: 1/01/2023

CODE ENFORCEMENT CASES
INCIDENT TYPE This
Month
Last
Month
Year to Date
(2020-2021)
Business License (GMC 5.04.040) 0 0 3
Animal Nuisance (Odor, Noise) (GMC 6.04.100 (A,E)) 0 1 9 Fowl, Livestock and Wild Animals (GMC 6.04.210) 0 0 2
Litter Accumulation (GMC 8.12.020) 0 0 11
Abatement of Weeds and Rubbish (GMC 8.16.010) 0 0 12
Burning Garbage Prohibited (GMC 8.12.150) 0 0 0
Unlawful Property Nuisance (GMC 8.50.070) 0 0 18
Graffiti Abatement (GMC 9.07.060) 0 0 2
Abandoned Vehicles/ Vehicle Covers (GMC 10.36.010) 0 0 19 Portable/fixed basketball goals (GMC 10.48.050) 0 0 0
Parking of large vehicles/trailers (GMC 10.24.190) 0 0 3 Wall,Fence,or Hedge Requirements (GMC 18.52.121) 0 1 1
Working Without Permits (GMC15.04.020) 1 1 12
Address Number (GMC 15.08.020 (505.1)) 0 0 0
Illegal Garage Conversion (GMC 18.08.120, 18.08.160) 0 0 0 Damage Fence (GMC 18.52.125) 0 0 1
Parking on Front Yard Setback (GMC 18.60.035) 1 0 9
Trailers/Mobile homes as living space (GMC 18.56.030) 0 0 1 Residential Solid Waste Collection (GMC 8.08.070) 0 0 2 Landscape Maintenance Required (GMC 18.64.120) 0 0 16
Discharge of illegal fireworks (GMC 8.24.020) 0 0 8
72hr Parking 2 2 68
Code 60 Citations 0 0 24
TOTAL 4 5 221
Complaints Received 5 7 83
Miscellaneous This
Month
Last
Month
Year to Date
(2020-2021)
Visitors 0 0 0
Public Relations (Food distribution, Covid Vaccination) 1 1 12 School Visits () 0 0 0

HUMAN RESOURCES MONTHLY REPORT
November and December 2022

RECRUITMENT
Finance
Finance Clerk (Part time) - Interviews have occurred in November and December.

Selected candidate was chosen in December, but failed reference checks for us to proceed with a conditional offer of employment. Interviews for additional candidates will be occurring in January.

Finance Director – Job posting and interviews for backfilling this position immediately occurred in December. One candidate has been selected for checking employment references. Conditional offer scheduled to be given in January for start date as early as mid-January.

Emergency Preparedness Coordinator
Panel interviews occurred on the last week of November with one candidate proceeding to the second interview with Director of Public Safety, Chief Cash. That second interview is scheduled to occur in late January or early February.

Funding for this position will be discussed when the mid-year review occurs.

Police
One candidate has completed backgrounds and has been given a conditional offer of employment with needing to complete psych and medical tests. A second candidate is scheduled to attend a POST recertification class in Orange County in February, and is being considered for our second Police Officer opening that is scheduled to occur in midJanuary.

Agenda Item No. 6H 2
HR Monthly Report – November and December 2022

Page 2 of 3 ends

Public Works
The Public Works Intern position has one candidate scheduled to be interviewed in midJanuary.

Recreation/Facilities
The two Recreation Commissioners were filled by Michael Jimenez and Trevor Lamberson.

Recruitment for Lead Maintenance Worker/Facilities & Parks commenced again after candidate on 11/4/22 rescinded the job offer after accepting). Candidates in December were interviewed with selection of one by hiring manager to conduct work reference checks and possible contingent offer for employment. Position is scheduled to be filled by late January.

Recruitment for one Building Attendant has been posted in December with also posting at local city colleges (career connect). No applications have been received to date.

Reason most likely is due to position being offered at minimum wage starting in Jan ’23.

A suggestion would be to include technical aide responsibilities for City Council meetings for a higher hourly rate of pay ($17/hr).

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

One claim is close to the end of a delay period. The employee had an appointment for a QME on 10/26/22. Results have been provided and given with follow-up questions for final determination in January.

The new workers’ compensation carrier from CJPIA, Athens Administrators, took effect 1/01/2023. The same claims analysts who has worked on the City’s account has gone to Athens, so the transition has been much smoother than it could have been.

HR Monthly Report – November and December 2022

Page 3 of 3 ends

COVID
• There was one (1) person who tested positive and followed the proper protocols once advised. An email was sent to all employees with a reminder of the City’s protocols should someone test positive or if someone is exposed. The City is following the protocols and procedures from Santa Barbara County Public Health Department. • At the end of September, Gov. Newsom signed a bill extending the period for use of the CA supplemental paid sick leave (CA 2022 SPSL) to the end of 2022. This period has expired, but workers’ compensation for critical workers and first responders catching COVID-19 has been extended through the end of 2024 (AB 1751). SB 1159 previously established the rebuttable presumption that a critical worker employee’s illness related to COVID-19 is an occupational injury and therefore eligible for workers’ compensation benefits if the specified criteria are met.
• At the end of December, Santa Barbara and San Luis Obispo County case levels were low. Case rate for both counties were the same per 100,000 at 106 cases. • Face masks are always recommended in indoor public transportation settings and may be required in other places by local and state authorities. People may choose to wear a face mask at any time.
• Guidelines for the required use of face masks elsewhere is now based on COVID-19 CDC Community Levels and will help determine masking guidance and other precautionary measures to consider when Santa Barba or San Luis Obispo Counties are at low, medium, or high levels.

RECREATION AND PARKS MONTHLY REPORT
For November 2022
Summary of Rentals/Usage for City Facilities & Parks

FACILITY THIS MONTH THIS MONTH

LAST YEAR
THIS YEARTO-DATE
(FY 22/23)
LAST YEARTO-DATE
(FY 21/22)
Auditorium/Gym 18 3 85 75
O’Connell Park 0 2 55 58
LeRoy Park 10 0 35 23
Senior Center 25 8 106 88
Veterans Memorial
Plaza
0 0 5 9
Council Chambers 6 16 27 62
Central Park 0 0 0 0
Veterans Hall 8 4 13 2
Facility Usage
Please see the attachments at the end of the report for all scheduled uses of facilities and parks for the month of November.

Recreation and Parks
918 Obispo Street
P.O. Box 908
Guadalupe, CA 93434
Ph: 805.356.3906
Fax: 805.343.5512
Email: [email protected]
Agenda Item No. 6H 3
LeRoy Park
• Boys and Girls Club: City staff met with Boys and Girls representatives to finalize the agreement between the City and Boys and Girls Club for the use of LeRoy Community Center. The final draft of the agreement will be presented to city council for their final approval.
• Irrigation Line Repair: In the initial plans for the renovation of Le Roy Park there were plans to install another BBQ pit in the back left grass corner of the park. Unfortunately, there was not enough funding to install the pit. That being said, there were never any plans for an irrigation line to be placed there as concrete would have been poured there with no need for irrigation. However, because of the limited funds and no irrigation installation that corner of grass was starting to dry out. On October 20th a new irrigation line was placed in that area to address the issue. On November 10th, damage to the controller wires were repaired. The line is now fully functional.
• Fence/Gate Installation: Fence Factory installed two access gates, one at the first paved parking entrance and one at the DG parking lot entrance, as well as the additional cedar fencing that separates Le Roy Park from the CAPSLO and Little House by the Park property on November 17th and 18th. The DG parking lot is now locked at 4pm to prevent any vandalism of the parking lot.
• Air Quality Monitor Installation: On Wednesday, November 16, 2022, the community environmental council along with Blue Tomorrow and the Recreation Services Manager met at LeRoy Park for the installation of another air quality monitor. For details on the air quality monitor, please see the October Recreation Department report.

The Community Environmental Council spent the hour to showcase the new network of air monitoring in Guadalupe. The technical partner, Blue Tomorrow, has spent the past several months building monitors with increased air pollution sensors (ozone (smog), volatile organic compounds, and nitrogen oxides (NOx). In addition to the needed infrastructure, this project will be focused on the multilingual air quality education and community conversations on air quality. The CEC hopes to share data trends and community-centered air quality reports in the next several months.

Kiwanis Club of Guadalupe Christmas Parade
The Recreation and Parks Department assisted the Kiwanis Club in the planning of the Christmas Parade. The Recreation Services Manager worked on recruiting parade and vendor applicants as well as receiving and processing applications and attachments accordingly.

Central Park
Ms. Sweeney and Ms. Sanchez met with the Central Park design team to review and go over the final conceptual design of the park. The design will be presented to the Recreation and Parks Commission for input at their next meeting. Following the approval of the commission, Ms. Sweeney will present a staff report to council at the January 10th meeting for their approval.

City Vehicle
The Recreation and Parks Department acquired a Chevy Colorado in preparation for the arrival of the Facilities Maintenance Lead. Please see Human Resources report for updates on the Facilities Maintenance Lead position.

November Events
Fabulous 50s Dance
The Fabulous 50s Dance was scheduled to be held on Saturday, November 12th in the City Hall Auditorium. The event was advertised via flyers in town and in neighboring cities, the marquee, social media, and the city website. Unfortunately, due to lack of any registrations, the event had to be cancelled.

Moving forward, the department will now require a certain number of RSVPs in order to run the program. This will be advertised on flyers for any and all events from now on.

Touch of Style Car Show
The Touch of Style Car Club held their annual Toys for Tots Drive at LeRoy Park. There was an excellent turn out and
Guadalupe’s 1st Annual Holiday Home Decorating Competition Submissions were accepted from November 16th to December 5th. The early deadline will allow the Recreation and Parks Department to release a map of all entries for the public use to visit all of the houses before they potentially break down their decorations after Christmas.

To create a submission, residents emailed up to three photos of the decorated residence along with the Christmas Lights application located on the city’s Recreation page to [email protected]. The applications will be presented to the Recreation and Parks Commission at the December meeting to choose the winner.

The following categories were open for submissions this year:
• Home Spun Holidays – best depiction of traditional holidays at home • California Dreamin’ – for spectacular lights display with music and motion • Simply Christmas – simple, yet filled with Christmas spirit For December 2022
Summary of Rentals/Usage for City Facilities & Parks

FACILITY THIS MONTH THIS MONTH

LAST YEAR
THIS YEARTO-DATE
(FY 22/23)
LAST YEARTO-DATE
(FY 21/22)
Auditorium/Gym 22 1 107 48
O’Connell Park 0 2 55 24
LeRoy Park 0 0 35 1
Senior Center 22 9 128 38
Veterans Memorial
Plaza
0 0 5 8
Council Chambers 9 14 36 35
Central Park 0 0 0 0
Veterans Hall 3 2 16 2
Facility Usage
Please see the attachments at the end of the report for all scheduled uses of facilities and parks for the months of December, January, and February.

Recreation Mower
Currently, the Recreation and Parks department was using an electric mower owned by the public works department. Although the mower got done what was needed to get done, it was not completing tasks in an efficient manner. The charge on the mower does not have a long battery life.

That being said, to complete two small pocket parks takes an entire day. After discussing with the Recreation and Parks Commission it was agreed that a gas mower needed to be purchased for the department so that work can be completed more efficiently. The mower was purchased before the December holiday break.

LeRoy Park
During December, the public safety department installed five outdoor cameras at LeRoy Park.

These cameras allow public safety to view the grounds in order to mitigate vandalism that has been occurring at the site. The cameras in addition to the access fences that were installed should help to prevent vandalism.

December Events
Guadalupe’s 1st Annual Holiday Home Decorating Competition The following families were chosen as winners for each corresponding category:
• Home Spun Holidays – best depiction of traditional holidays at home o Sarellano Family
• California Dreamin’ – for spectacular lights display with music and motion o Almaguer Family
• Simply Christmas – simple, yet filled with Christmas spirit o Orozco Family
• Honorable Mention
o Brown Family
All winners were recognized at the December 15th special meeting of the Recreation and Parks Commission.

Kiwanis Club of Guadalupe Christmas Parade
Due to weather conditions, the Christmas parade was cancelled. Neighboring cities also had to cancel their parades due to weather.

Movie Night
In an effort to provide a community event that serves all ages, the Recreation and Parks Department will be holding movie nights once a month as scheduling permits. Movie night was held on Friday, December 9th. Doors opened at 6:00pm and the movie started at 6:30pm. Free hot chocolate and popcorn were provided to attendees. Sugar cookie decorating kits were also donated to allow children attending to do an activity. There were 5 families in attendance.

Color Fusion Walk/Run Part II
Due to safety concerns for participants because of weather conditions, part two of the color fusion walk/run was cancelled. Another run will be held in the summer.

Upcoming Programs & Events
Drop-in Sports for ages 16+
Free Drop-in volleyball and basketball for ages 16+ are currently taking place. Drop-in volleyball is being held on Wednesdays from 6:45pm – 8:45pm in the City Hall Auditorium. Drop-in Basketball is being held on Thursdays from 6:45pm – 8:45pm. The location/day of drop-in basketball varies depending on the availability of the auditorium. Participants ages 16 & 17 must provide a permission slip/liability waiver signed by a parent/legal guardian in order to participate. This form can be found on the Recreation Page of the city website. Go to https://ci.guadalupe.ca.us/recreation/ Zumba with Monica
Movie Night
Movie night will be held in the city hall auditorium.

Viva el Arte
Due to weather conditions, the performance held on Saturday, January 14th was rescheduled for Sunday, February 26th.

Daddy & Daughter Dance
Respectfully,
Hannah Sanchez
Recreation Services Manager
Hannah Sanchez 1 11/14/2022 3:01 PM
October 31, 2022
Monday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:45 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium November 1, 2022
Tuesday
9:00 AM - 12:00 PM Traffic Safety Class -- City Council Chambers 11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:45 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium 6:00 PM - 8:00 PM Recreation Commission Meeting -- City Council Chambers November 2, 2022
Wednesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 5:00 PM - 8:00 PM McKenzie Basketball Game -- Auditorium 6:30 PM - 8:30 PM Narcotics Anonymous -- Senior Center
November 3, 2022
Thursday
10:00 AM - 1:00 PM Foodbank Distribution -- Senior Center 11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:45 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium Hannah Sanchez 2 11/14/2022 3:01 PM
November 4, 2022
Friday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:30 PM - 5:00 PM LADG Meeting -- Senior Center
5:00 PM - 8:00 PM Private Event Set Up -- Auditorium
November 5, 2022
Saturday
12:00 PM - 10:00 PM Private Event -- Auditorium
November 7, 2022
Monday
9:00 AM - 11:00 AM Election Polling Set Up -- Veteran's Hall 11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 5:00 PM - 8:00 PM McKenzie Basketball Game -- Auditorium November 8, 2022
Tuesday
7:00 AM - 8:00 PM National Election Polling -- Veteran's Hall 11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:45 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium 6:00 PM - 10:00 PM City Council Meeting -- City Council Chambers November 9, 2022
Wednesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center Hannah Sanchez 3 11/14/2022 3:01 PM
November 9, 2022 Continued
Wednesday
3:45 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium 6:30 PM - 8:30 PM Narcotics Anonymous -- Senior Center
November 10, 2022
Thursday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 5:00 PM - 8:00 PM McKenzie Basketball Game -- Auditorium November 11, 2022
Friday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center November 12, 2022
Saturday
9:00 AM - 12:00 PM VVA Monthly Meeting -- Veteran's Hall 10:00 AM - 4:00 PM Touch of Style Car Show -- Le Roy Park November 13, 2022
Sunday
1:00 PM - 6:00 PM Private Event -- Auditorium
1:00 PM - 4:00 PM Bulldogs-Cheerleaders -- Le Roy Park
November 14, 2022
Monday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 5:00 PM - 8:00 PM McKenzie Basketball Game -- Auditorium Hannah Sanchez 4 11/14/2022 3:01 PM
November 15, 2022
Tuesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:45 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium November 16, 2022
Wednesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:45 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium 6:30 PM - 8:30 PM Narcotics Anonymous -- Senior Center
November 17, 2022
Thursday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:45 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium November 18, 2022
Friday
10:00 AM - 3:00 PM HR Interviews -- City Council Chambers 11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 6:00 PM - 9:00 PM Private Event Set Up -- Auditorium
November 19, 2022
Saturday
10:00 AM - 11:00 PM Private Event -- Auditorium
2:00 PM - 5:00 PM Private Event -- Le Roy Park
Hannah Sanchez 5 11/14/2022 3:01 PM
November 20, 2022
Sunday
10:30 AM - 11:30 AM Private Event -- Le Roy Park
Time TBD
November 21, 2022
Monday
10:00 AM - 11:00 AM Public Works Meeting -- City Council Chambers 11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:45 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium November 22, 2022
Tuesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:45 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium 6:00 PM - 10:00 PM City Council Meeting -- City Council Chambers November 23, 2022
Wednesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:45 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium 6:30 PM - 8:30 PM Narcotics Anonymous -- Senior Center
November 24, 2022
Thursday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:45 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium Hannah Sanchez 6 11/14/2022 3:01 PM
November 25, 2022
Friday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center November 28, 2022
Monday
10:00 AM - 3:00 PM HR Interviews -- City Council Chambers 11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 5:00 PM - 8:00 PM McKenzie Basketball Game -- Auditorium November 29, 2022
Tuesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:45 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium November 30, 2022
Wednesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:45 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium 6:30 PM - 8:30 PM Narcotics Anonymous -- Senior Center
December 1, 2022
Thursday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:45 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium 5:00 PM - 8:00 PM McKenzie Basketball Game -- Auditorium Hannah Sanchez 7 11/14/2022 3:01 PM
December 2, 2022
Friday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center Hannah Sanchez 1 1/12/2023 9:58 AM
November 28, 2022
Monday
10:00 AM - 3:00 PM HR Interviews -- City Council Chambers 11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 5:00 PM - 8:00 PM McKenzie Basketball Game -- Auditorium November 29, 2022
Tuesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:45 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium November 30, 2022
Wednesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 6:30 PM - 8:30 PM Narcotics Anonymous -- Senior Center
6:45 PM - 8:45 PM Drop In Volleyball -- Auditorium
December 1, 2022
Thursday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 5:00 PM - 8:30 PM McKenzie Basketball Game -- Auditorium December 2, 2022
Friday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:30 PM - 5:00 PM LADG -- Senior Center
Hannah Sanchez 2 1/12/2023 9:58 AM
December 5, 2022
Monday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:45 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium December 6, 2022
Tuesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center December 7, 2022
Wednesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:45 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium 6:30 PM - 8:30 PM Narcotics Anonymous -- Senior Center
6:45 PM - 8:45 PM Drop In Volleyball -- Auditorium
December 8, 2022
Thursday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 2:00 PM - 3:00 PM Public Works Meeting -- City Council Chambers December 9, 2022
Friday
10:00 AM - 4:00 PM HR Finance Director Interviews -- City Council Chambers 11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 6:00 PM - 9:00 PM Family Night -- Auditorium
Hannah Sanchez 3 1/12/2023 9:58 AM
December 12, 2022
Monday
9:00 AM - 10:00 AM Public Works Meeting
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 5:00 PM - 8:00 PM McKenzie Basketball Game -- Auditorium December 13, 2022
Tuesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:45 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium 6:00 PM - 8:30 PM City Council Meeting -- Chambers
December 14, 2022
Wednesday
9:00 AM - 11:30 AM HR Finance Director Interview
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:45 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium 6:30 PM - 8:30 PM Narcotics Anonymous -- Senior Center
6:45 PM - 8:45 PM Drop In Volleyball -- Auditorium
December 15, 2022
Thursday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:45 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium Hannah Sanchez 4 1/12/2023 9:58 AM
December 15, 2022 Continued
Thursday
6:00 PM - 8:00 PM Recreation and Parks Commission Special Meeting -- CIty Council Chambers December 16, 2022
Friday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center December 17, 2022
Saturday
1:00 PM - 4:00 PM Vet's Hall Christmas Dinner
December 19, 2022
Monday
10:00 AM - 10:30 AM HR - Interviews
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center December 20, 2022
Tuesday
7:30 AM - 5:00 PM HR - Interviews
10:00 AM - 12:00 PM McKenzie Basketball Practice
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:30 PM - 5:00 PM McKenzie Basketball Practice
December 21, 2022
Wednesday
8:00 AM - 4:00 PM HR Interview
10:00 AM - 12:00 PM McKenzie Basketball Practice
Hannah Sanchez 5 1/12/2023 9:58 AM
December 21, 2022 Continued
Wednesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:30 PM - 5:00 PM McKenzie Basketball Practice
6:30 PM - 8:30 PM Narcotics Anonymous -- Senior Center
6:45 PM - 8:45 PM Drop In Volleyball -- Auditorium
December 22, 2022
Thursday
10:00 AM - 12:00 PM McKenzie Basketball Practice
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:30 PM - 5:00 PM McKenzie Basketball Practice
December 23, 2022
Friday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center December 26, 2022
Monday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center December 27, 2022
Tuesday
10:00 AM - 12:00 PM McKenzie Basketball Practice
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:30 PM - 5:00 PM McKenzie Basketball Practice
Hannah Sanchez 6 1/12/2023 9:58 AM
December 28, 2022
Wednesday
10:00 AM - 12:00 PM McKenzie Basketball Practice
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:30 PM - 5:00 PM McKenzie Basketball Practice
6:30 PM - 8:30 PM Narcotics Anonymous -- Senior Center
6:45 PM - 8:45 PM Drop In Volleyball -- Auditorium
December 29, 2022
Thursday
10:00 AM - 12:00 PM McKenzie Basketball Practice
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:30 PM - 5:00 PM McKenzie Basketball Practice
December 30, 2022
Friday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center Hannah Sanchez 1 1/12/2023 9:59 AM
January 2, 2023
Monday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center January 3, 2023
Tuesday
10:00 AM - 12:00 PM McKenzie Basketball Practice -- Auditorium 11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:30 PM - 5:00 PM McKenzie Basketball Practice -- Auditorium January 4, 2023
Wednesday
10:00 AM - 12:00 PM McKenzie Basketball Practice -- Auditorium 11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:30 PM - 5:00 PM McKenzie Basketball Practice -- Auditorium 6:30 PM - 8:30 PM Narcotics Anonymous -- Senior Center
6:45 PM - 8:45 PM Drop In Volleyball -- Auditorium
January 5, 2023
Thursday
6:45 PM - 8:45 PM Drop In Basketball -- Auditorium
January 6, 2023
Friday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center Hannah Sanchez 2 1/12/2023 9:59 AM
January 9, 2023
Monday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center January 10, 2023
Tuesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:30 PM - 5:00 PM McKenzie Basketball Practice -- Auditorium 5:00 PM - 6:30 PM McKenzie Basketball Practice -- Auditorium January 11, 2023
Wednesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:30 PM - 5:00 PM McKenzie Basketball Practice -- Auditorium 5:00 PM - 6:30 PM McKenzie Basketball Practice -- Auditorium 6:30 PM - 8:30 PM Narcotics Anonymous -- Senior Center
6:45 PM - 8:45 PM Drop In Volleyball -- Auditorium
January 12, 2023
Thursday
8:00 AM - 12:00 PM Public Works Training -- chambers
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:30 PM - 5:00 PM McKenzie Basketball Practice -- Auditorium 5:00 PM - 6:30 PM McKenzie Basketball Practice -- Auditorium Hannah Sanchez 3 1/12/2023 9:59 AM
January 12, 2023 Continued
Thursday
6:45 PM - 8:45 PM Drop In Basketball -- Auditorium
January 13, 2023
Friday
9:00 AM - 12:00 PM HR Interviews -- Chambers
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center January 14, 2023
Saturday
9:00 AM - 12:00 PM VVA Monthly Meeting -- Vet's Hall
6:30 PM - 9:30 PM Viva el Arte -- Auditorium
January 16, 2023
Monday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center January 17, 2023
Tuesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:30 PM - 5:00 PM McKenzie Basketball Practice -- Auditorium 5:00 PM - 6:30 PM McKenzie Basketball Practice -- Auditorium 6:00 PM - 9:00 PM City Council Meeting -- Chambers
January 18, 2023
Wednesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center Hannah Sanchez 4 1/12/2023 9:59 AM
January 18, 2023 Continued
Wednesday
3:30 PM - 5:00 PM McKenzie Basketball Practice -- Auditorium 5:00 PM - 6:30 PM McKenzie Basketball Practice -- Auditorium 6:30 PM - 8:30 PM Narcotics Anonymous -- Senior Center
6:45 PM - 8:45 PM Drop In Volleyball -- Auditorium
January 19, 2023
Thursday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:30 PM - 5:00 PM McKenzie Basketball Practice -- Auditorium 5:00 PM - 6:30 PM McKenzie Basketball Practice -- Auditorium 6:45 PM - 8:45 PM Drop In Basketball -- Auditorium
January 20, 2023
Friday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center January 21, 2023
Saturday
2:00 PM - 11:00 PM Rental -- Auditorium
January 23, 2023
Monday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center Hannah Sanchez 5 1/12/2023 9:59 AM
January 24, 2023
Tuesday
All Day City Council Meeting -- Chambers
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 4:00 PM - 8:00 PM McKenzie Basketball Games -- Auditorium January 25, 2023
Wednesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:30 PM - 5:00 PM McKenzie Basketball Practice -- Auditorium 5:00 PM - 6:30 PM McKenzie Basketball Practice -- Auditorium 6:30 PM - 8:30 PM Narcotics Anonymous -- Senior Center
6:45 PM - 8:45 PM Drop In Volleyball -- Auditorium
January 26, 2023
Thursday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:30 PM - 5:00 PM McKenzie Basketball Practice -- Auditorium 5:00 PM - 6:30 PM McKenzie Basketball Practice -- Auditorium 6:45 PM - 8:45 PM Drop In Basketball -- Auditorium
January 27, 2023
Friday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center Hannah Sanchez 6 1/12/2023 9:59 AM
January 27, 2023 Continued
Friday
6:00 PM - 9:00 PM Movie Night -- Auditorium
January 30, 2023
Monday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center January 31, 2023
Tuesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:30 PM - 5:00 PM McKenzie Basketball Practice -- Auditorium 5:00 PM - 6:30 PM McKenzie Basketball Practice -- Auditorium February 1, 2023
Wednesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 6:30 PM - 8:30 PM Narcotics Anonymous -- Senior Center
6:45 PM - 8:45 PM Drop In Volleyball -- Auditorium
February 2, 2023
Thursday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 6:45 PM - 8:45 PM Drop In Basketball -- Auditorium
February 3, 2023
Friday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center Agenda Item No. 6H 4

Royal Theater Update
January 24, 2023
Los Amigos de Guadalupe staff: Tom Brandeberry

1. Funding:
• EDA—This City has a signed contract with the Federal Economic Development Administra�on. The award amount is $4,889,121. We are not able to submit costs from reimbursement currently:
i. The environmental clearance has not been fully completed. ii. A revised applica�on was submited, and we are wai�ng for its approval. iii. Addi�onal contract clearances are needed
• CAC—The California Arts Council was named in the State’s budget to be the passthrough agency for administering the $5M award. However, in a Zoom mee�ng December 2, 2022 CAC staff indicated that the Department of Finance (DOF) was holding the contrac�ng of the award while they determine if CAC is the appropriate agency and if there are any contract condi�ons that should be added before they would release the funds to the City.
• RDA—These are the Successor Agency funds limited to use on the Royal Theatre.

Some costs bill to this fund will be able to be reimburse from one of the two other sources noted in a and b, above. Since these funds are limited to the Royal Theatre and have been obligated by the City Council as match to the EDA grant, the funds will be exhausted by the �me the project is complete. • HTC—Historic Tax Credits. Presently City Staff has hired Brian Wishneff & Associates, a Tax Credit consultant firm, to primarily determine the feasibility of project being eligible for historic tax credits and finding tax credit investors. The project could garnish approximately 20% of “eligible” historic restora�on costs, which can then be used as addi�onal funds for both any needed construc�on costs and to fund post construc�on opera�ng/reserve cost. Staff will con�nue to update the City Council as this process moves along.
i. To apply for these tax credits, the City has procured a Historic Architect (Chatel inc.,) to complete the federal HTC applica�on process, which requires the applica�on be completed by a Historic Architect. ii. As of this year, the State of California has created its own HTC program.

The program is close to comple�ng its rule making process, meaning it is likely the City will be able to successfully apply for these funds also. The available funds, like the federal program is “approximately 20% of eligible Agenda Item No. 6H 5
historic restora�on costs. Together with the federal program the project could realize 40%.
iii. Both of this tax credits opportunity would not have any requirement to be included in the EDA grant project funding sources, unlikely to other two (CAC and RDA). Therefore, if successful, the revised EDA applica�on would not be needed.
• NMTC—Brian Wishneff & Associates are working with City Staff on the feasibility of applying for these funds. While the project would be “compe��ve” for these funds, they would be required to be included in the sources of funds needed for the project construc�on, requiring, for example, a revised EDA applica�on. City staff, Los Amigos de Guadalupe (LADG) staff, and a Tax atorney are s�ll determining if these funds should be accessed and if so under what condi�ons.

2. EDA NEPA (Na�onal Environmental Policy Act). Due to the project being a federally listed historic building, the clearance work required a much more in-depth SHPO (State Historic Preserva�on Office) report. This report was submited January 12 by the EDA Environmental Officer, Rowena Defato. SHPO has 30 days to “concur” or reject the report. Once the 30 days are ended, unless SHPO disagrees with our findings, EDA will be able to give the City the authority to use the grant funds.

3. Bid Documents—the EDA Project Officer, Britany MacFarlane, will be ac�vity informed in this construc�on project. Like all EDA capital project, the project is assigned to a EDA engineer who oversees all aspects of the project from clearing contract condi�ons to approving any construc�on change orders. Tom Brandeberry is presently working with Andrew Goodwin Design (project architect) staff on developing the bid documents based on the EDA requirements.

4. Timeline:
• March 31, 2023. CAC contract completed
• March 31, 2023—EDA contract condi�ons completed
• April 2023—Release Bid documents
• July 2023—Selected Contractor to City Council for Approval • June 2025—Occupancy
Addi�onal Subjects
Los Amigos de Guadalupe would recommend the City Council Consider the following two ac�ons from an exploratory perspec�ve. These two programs would complement the Royal Theatre work and the economic development of the downtown core. They would, however, require public outreach, especially the property owners (commercial and homeowners) and the business in the downtown core.

1. Historic District (the City Downtown core is eligible) htps://ohp.parks.ca.gov/?page_id=27283
i. Benefits Local Property Owners
ii. Help the City to become a des�na�on loca�on
iii. Requires an applica�on process like the Royal Theatre process (hire a consultant)
iv. There is a cost to applying (requires a historic architect)

2. Mills Act (compliments the above) htps://ohp.parks.ca.gov/?page_id=21412 v. Benefits Local Property Owners
vi. Requires some work by the City staff
vii. Requires some ongoing administra�on of the program

Page 1 of 2 ends

Agenda Item No. 9

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of January 24, 2023

_______________________________ _________________________________ Prepared by: Approved by:

Shannon Sweeney Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: Central Park Conceptual Design
RECOMMENDATION:

It is recommended that the City Council conduct a public hearing to review a revised Central Park conceptual design and adopt Resolution No. 2023-06 to approve the revised conceptual design for the Central Park Renovation Project.

BACKGROUND:

On March 3, 2022, the City of Guadalupe was awarded $4,887,084 through the 2018 Parks Bond Act Statewide Park Development and Community Revitalization program for the Central Park Renovation Project. On July 26, 2022, the City approved a contract with Pacific Coast Land Design, Inc. (PCLD) for preparation of plans and specifications for this project.

DISCUSSION:

The grant application for this project included a conceptual design that was developed with public input.

This initial conceptual design did not take into account site constraints such as right-of-way delineation, topography, and utility location.

Prior to developing plans and specifications, PCLD is requesting Council’s approval of the revised conceptual design, which contains all of the basic features of the original conceptual design, with some adjustments on placement of features to take advantage of existing topography and for most efficient use of existing utility location. In addition, PCLD has included additional detail to demonstrate how the public’s desired theme of the dunes has been incorporated into the design.

This revised conceptual design was presented to the Recreation and Parks Commission on December 15, 2022. The Commission unanimously recommends the revised conceptual design.

FISCAL IMPACT:

The updated budget associated with this revised conceptual design indicates that this project is anticipated to remain within the awarded grant amount.

Shannon Sweeney

Page 2 of 2 ends

ATTACHMENTS

1. Grant application (initial) Central Park conceptual design

2. Revised Central Park conceptual design

3. Conceptual Design Cost Estimate

4. Resolution No. 2023-06

Page 1 of 2 ends

RESOLUTION NO. 2023-06

A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE

APPROVING THE REVISED CONCEPTUAL DESIGN FOR THE CENTRAL PARK RENOVATION PROJECT WHEREAS, the City of Guadalupe was awarded $4,887,084 through the 2018 Parks Bond Act Statewide Park Development and Community Revitalization program for the Central Park Renovation Project; and WHEREAS, on July 26, 2022, the City approved a contract with Pacific Coast Land Design, Inc. (PCLD) for preparation of plans and specifications for this project; and WHEREAS, the grant application for this project included a conceptual design that was developed with public input but did not take into account site constraints such as right-of-way delineation, topography, and utility location; and
WHEREAS, PCLD has revised the conceptual design to include all of the basic features of the original conceptual design, with some adjustments on placement of features to take advantage of existing topography and for most efficient use of existing utility location, along with additional detail to demonstrate how the public’s desired theme of the dunes has been incorporated into the design; and WHEREAS, the revised conceptual design was presented to Recreation and Parks Commission on December 15 2022, and they unanimously recommend this design as presented.

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

Section 1. The revised conceptual design for the Central Park Renovation Project, attached to the staff report for this item as Attachment 2 is hereby approved. This design will be the basis for the development of plans, specifications, and an engineer’s estimate for this project.

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

PASSED, APPROVED AND ADOPTED at a regular meeting on the 24th day of January 2023 by the following vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTACHMENT 4

Page 2 of 2 ends

I, Todd Bodem, Deputy City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2023-06, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held January 24, 2023, and that same was approved and adopted.

Page 1 of 3 ends

Agenda Item No. 10

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of January 24, 2023

_______________________________ __________________________________ Prepared by: Approved by:

Philip F. Sinco, City Attorney Todd Bodem, City Administrator SUBJECT: Finding that expenditure of funds pursuant to the emergency occupancy agreement for displaced residents serves a public purpose and confirming ratification of agreement as revised.

RECOMMENDATION:

That the City Council adopt Resolution No. 2023-07 finding that the expenditure of public funds for temporary lodging of City residents displaced due to flooding during a local emergency serves a public purpose and confirming ratification of an emergency occupancy agreement as revised at the City Council meeting on January 17, 2023.

BACKGROUND:

The facts concerning this matter are now well known to the City Council, but briefly, they are as follows.

On January 9, 2023, sometime after 9:00 p.m., lower Pioneer Street in the City of Guadalupe flooded, and the residents of these homes were unable to access their residences. Director of Public Safety, Michael Cash (“Chief Cash”), activated the City’s Emergency Operations Center (EOC) and notified the Red Cross of the need for a temporary shelter for these residents, however, the Red Cross did not respond, and Chief Cash directed that the City Hall Auditorium be opened up for use as a temporary shelter for these residents, and approximately 20 of these residents were evacuated to the Auditorium and provided shelter there
On January 10, 2023, for a variety of reasons, 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. One of these options concerned an apartment complex located at 824 Pioneer Street owned and operated by Pioneer St. Apts., North LLC, (the “Apartments”), which are used to house nonimmigrant agricultural workers allowed to live and work in the United States pursuant to the “H2A” visa program, but which are not continuously occupied yearround. Chief Cash met with the manager of the LLC that owns the Apartments (Steve Simoulis) about the situation and asked him if there was any vacancy at the Apartment. Mr. Simoulis informed Chief Cash that there was availability. Chief Cash believed this was the best option for the City and the Philip F Sinco

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displaced residents, and so he discussed terms, which Mr. Simoulis advised would include a deposit in advance as well as a written agreement.

Chief Cash believed he has the legal authority as the Incident Commander/EOC Manager to incur certain costs on behalf of the City, including with respect to the cost associated with providing temporary shelter to displaced City residents. Accordingly, 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 10, 2023, and he requested that Mr. Perrault issue a handwritten check as a deposit for the purpose of providing temporary shelter for them. Mr. Perrault complied and wrote a check in the amount of $7,000 which was subsequently provided to Mr. Simoulis by Chief Cash. In the meantime, legal counsel for the owner of the Apartments had prepared a written agreement (entitled “Emergency Occupancy Agreement”). Thereafter, at or after 4:00 p.m., Chief Cash met with Mayor Julian and requested that he sign the agreement which provided 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.” Once the agreement had been signed by the Mayor, the displaced residents were allowed to occupy the units.

DISCUSSSION:

When a copy of the agreement was provided to the City Attorney on January 11, 2023, he 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, at the special meeting held on January 17, 2023, the Council considered ratifying the agreement. During the staff presentation of this item, the City Attorney advised that the Council that it would also need to make findings that the expenditure of public funds by the City served a “public purpose” so that the expenditure would not constitute a prohibited gift of public funds, and if the Council decided to ratify the agreement, a resolution with finding of such a public purpose would be prepared and presented to the City Council at its next meeting.

The City Attorney also advised the Council at this meeting if it decided to ratify the agreement that it should request a change from Mr. Simoulis concerning the provision requiring ten (10) days’ notice to terminate the agreement because this provision would require the City to pay for units even if the displaced residents temporarily occupying them were able to find other housing and vacated the units, which change Mr. Simoulis agreed to “on the record.” Thereafter, the City Council voted 5-0 in favor of ratifying the agreement (as modified).

Since then, the Emergency Occupancy Agreement was revised to conform to the changes the Council requested, and which Mr. Simoulis agreed to, at the January 17th meeting. A copy of the revised agreement was sent (by email) to Mr. Simoulis who approved of the revisions and returned a signed copy. This signed copy is attached to Resolution No. 2023-07 as Exhibit 1.

Resolution No. 2023-07 also includes five (5) legal findings that the expenditure of funds as provided under the (revised) Emergency Occupancy Agreement serves a public purpose, and is therefore, not a

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gift of public funds. The City Council may wish to add additional finding or eliminate one or more of the findings set forth in the resolution if it wishes. The five (5) findings included in Resolution 2023-xx are:

1. The funds expended may be reimbursable expenses under state and/or federal law, and therefore, may be fully or partially returned to the City for other uses;

2. The City would have incurred expenses associated with having to maintain and continue a temporary shelter at the City Hall Auditorium, and to the extent that the equivalent amount of funds for this purpose are expended pursuant to the Emergency Occupancy Agreement, a public purpose is clearly served;

3. To the extent that the City incurred greater expenses than it would have incurred had it continued to maintain and operate the City Hall Auditorium as a temporary shelter, if that is the case (which is not known), the additional expenditure still would serve a public purpose by providing a safe location for the displaced residents to be temporarily sheltered;

4. Any private benefits received by the expenditure of public funds under the Emergency Occupancy Agreement are purely incidental pursuant to the holdings in the cases of American Co. v City of Lakeport (1934) 220 Cal. 548 and City & County of San Francisco v Collins (1932) 216 Cal. 187;

5. The actions taken by the Director of Public Safety and Mayor Julian in promptly addressing an emergency situation, even though they required ratification by the City Council, generated good will among the residents of the City of Guadalupe by demonstrating a strong commitment to the needs of its residents, even in difficult circumstances, and therefore, the expenditure pursuant to the Emergency Occupancy Agreement serves a valid public purpose by increasing the public’s trust of and confidence in the governance of the City of Guadalupe.

FISCAL IMPACT:

Because the City Council requested and obtained a modification of the agreement as it was originally written. The modification permits the City to give one (1) day notice (instead of 10 days) for termination of the agreement (with respect to each unit rented), and further, that no rent would be charged to the City for any units after they are vacated. Accordingly, the City is now contractually bound to pay up to $53,420 on behalf of the displaced residents (instead of required to pay the full amount regardless of how many units are occupied during the term of the agreement). Because of this modification, the City expenditure will likely be less than $53,420, although it is not certain how much less.

ATTACHMENT:

1. Resolution No. 2023-07
RESOLUTION NO. 2023-07

A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE

FINDING THAT THE EXPENDITURE OF PUBLIC FUNDS FOR TEMPORARY LODGING OF CITY

RESIDENTS DISPLACED DUE TO FLOODING DURING A LOCAL EMERGENCY SERVES A PUBLIC

PURPOSE AND CONFIRMING RATIFICATION OF EMERGENCY OCCUPANCY AGREEMENT AS REVISED AT THE SPECIAL CITY COUNCIL MEETING ON JANUARY 17, 2023 WHEREAS, on January 9, 2023, sometime after 9:00 p.m., lower Pioneer Street in the City of Guadalupe flooded, and the residents of these homes were unable to access their residences; and
WHEREAS, Director of Public Safety, Michael Cash (“Chief Cash”), activated the City’s Emergency Operations Center (EOC) and notified the Red Cross of the need for a temporary shelter for these residents, however, the Red Cross did not respond, and Chief Cash directed that the City Hall Auditorium be opened up for use as a temporary shelter for these residents, and approximately 20 of these residents were evacuated to the Auditorium and provided shelter there; and WHEREAS, on January 10, 2023, Chief Cash contacted other local nonprofit organizations (in addition to the Red Cross) for assistance with the temporary shelter at the Auditorium but receive no responses or advised they were unable to help; and
WHEREAS, 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; and
WHEREAS, one of the options Chief Cash investigated concerned an apartment complex located at 824 Pioneer Street owned and operated by Pioneer St. Apts., North LLC, (the “Apartments”), which are used to house nonimmigrant agricultural workers allowed to live and work in the United States pursuant to the “H2A” visa program, but which are not continuously occupied yearround; and WHEREAS, the manager of the LLC that owns the Apartments is Steve Simoulis with whom Chief Cash met and informed him about the displaced residents and asked him if there was any vacancy at the Apartment, and Mr. Simoulis informed Chief Cash that there was availability; and WHEREAS, believing he had authority as the Incident Commander/EOC Manager to incur certain costs on behalf of the City, including with respect to the cost associated with providing temporary shelter to displaced City residents, Chief Cash and Mr. Simoulis negotiated proposed terms for an agreement to temporarily house the displaced residents, including a deposit in advance and the need for a written agreement; and
ATTACHMENT 1
WHEREAS, Chief Cash believed that temporarily housing the displaced residents at the Apartments was the best option available to the City at the time, and WHEREAS, Chief Cash 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 10, 2023, and he requested that Mr. Perrault issue a handwritten check as a deposit for the purpose of providing temporary shelter for them; and WHEREAS, Mr. Perrault complied and wrote a check in the amount of $7,000 which was subsequently provided to Mr. Simoulis by Chief Cash; and WHEREAS, 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 that had been prepared by legal counsel at the request of Mr. Simoulis; and WHEREAS, the agreement provided, in part, 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;” and
WHEREAS, once the agreement had been signed by the Mayor, the displaced residents were allowed to occupy the units; and
WHEREAS, when a copy of the agreement was provided to the City Attorney on January 11, 2023, he advised the City Administrator that the agreement was not legally binding on the City unless it was ratified by majority of the City Council; and
WHEREAS, the City Council considered ratifying the agreement at a special City Council meeting held on January 17, 2023, at which the City Attorney advised that the Council would also need to make findings that the expenditure of public funds by the City served a “public purpose” so that the expenditure did not constitute a prohibited gift of public funds, and if the Council ratified the agreement, a resolution with finding of such a public purpose would be prepared and presented to the City Council at its next meeting; and
WHEREAS, the City Attorney advised the Council at this meeting if it decided to ratify the agreement that it also request a change from Mr. Simulous concerning the provision requiring ten (10) days’ notice to terminate the agreement because this provision would require the City to pay for units even if the displaced residents temporarily occupying them were able to find other housing and vacated the units, which change Mr. Simoulis agreed to “on the record,” and WHEREAS, the City Attorney revised the agreement to pursuant to the Council’s direction by only requiring one (1) day of notice to terminate the agreement for each unit, and that the City would not be required to pay any rent for vacant units; and
WHEREAS, the revised agreement was sent to Mr. Simoulis who approved the changes and provided a signed copy, which is attached hereto as Exhibit 1.

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

SECTION 1. The revised Emergency Occupancy Agreement attached hereto as Exhibit 1 accurately reflects the terms of the agreement approved by the City Council, including the revisions it requested be made which were verbally agreed to by Mr. Simoulis.

SECTION 2. The Mayor is authorized to sign the agreement attached hereto as Exhibit 1 on behalf of the City.

SECTION 3. The expenditure required under the terms of the revised agreement attached hereto as Exhibit 1 serves a public purpose for the reasons listed below, which the City Council adopts as legal findings, and therefore, finds that the expenditure is not a gift of public funds:

1. The funds expended may be reimbursable expenses under state and/or federal law, and therefore, may be fully or partially returned to the City for other uses;

SECTION 4. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.

PASSED, APPROVED AND ADOPTED at a regular meeting on the 24th 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 is a full, true, and correct copy of Resolution No. 2023-07 which is duly and regularly introduced and adopted by said City Council at a regular meeting held January 24, 2023, by the following vote:

ATTEST:
_____________________________________ _____________________________ Todd Bodem, Deputy City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
____________________________________
Phillip F. Sinco, City Attorney
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, , hereinafter called the City, having been ratified by the City Council at its special meeting on January 17, 2023, with modifications agreed to by Owner at the meeting. 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. This Occupancy Agreement includes the modification requested by the City Council and approved by Owner.

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.

OCCUPANCY AGREEMENT COVERING PREMISES LOCATED AT
864 Pioneer Street
Guadalupe, California 93434
North Building
Deposit: $7,000 – 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 EXHIBIT 1
2 Term: 2. The term of this occupancy right and this Agreement are from January 10, 2023, continuing thereafter for up to three (3) weeks, with such rights of termination as may be hereinafter expressly set forth.

Termination: 3. The City may terminate this Agreement with respect to any or all of the units rented under this Agreement at any time by giving written notice to the Owner at least one (1) day prior to the date when such termination shall become effective as to each such unit. 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.

If an occupant vacates a unit before the end of the term, daily rent/unit costs will not be applied to remaining days of the term (1-day notice to vacate is required). City will have 5 additional days to clean up unit after occupant vacates, no additional rent/unit costs will be incurred during the clean-up period.

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
3 Repair and
Maintenance:

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.

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 4 Assignment
and Subletting:

Destruction:

No Oral
Agreements:
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.

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 5 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 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
6 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

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Agenda Item No. 11

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of January 24, 2023
_______________________________ _________________________________ Prepared by: Approved by:

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

New electric bus paint schematic
RECOMMENDATION:

Council direction requested on preferred paint schematic and treatment for new electric bus.

DISCUSSION:

The fiscal year 22 – 23 budget includes funding for the purchase of a new electric bus. The purchase order for this bus was issued on August 10, 2022. The manufacture of the bus is scheduled to be completed late January. Upon completion, the bus has a primer coat of white paint. The City has the choice of either painting or wrapping the bus. Painting is more expensive than wrapping initially, but is easier to repair in the future. Three schemes are presented for Council’s consideration:

Schematic A-existing paint scheme. Cost to wrap $3,400 Cost to paint $15,779.63 Shannon Sweeney

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Schematic B- dunes with blue top. Cost to wrap $11,800 Cost to paint $15,779.63

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Schematic C- dunes with white top. Cost to wrap $5,800 Cost to paint $15,779.63

FISCAL IMPACT
Adequate budget is available for any of the options presented in this staff report.

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Agenda Item No. 12

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of January 24, 2023

_______________________________ _________________________________ Prepared by: Approved by:

Shannon Sweeney Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: Caltrans Guadalupe Street ADA project Update
RECOMMENDATION:

That City Council receive an update to the Caltrans Guadalupe Street ADA project and discuss next steps regarding City input on this project

BACKGROUND
Caltrans has a project (No. 05-1E030 – 0513000026) named the Guadalupe Street ADA Project. This project involves removing and replacing all sidewalk from 0.1 miles south of the Santa Maria River bridge to Highway 166. Caltrans refers to this project as the Guadalupe ADA project but has discussed adding “complete streets” elements.

In late 2021, Caltrans requested City input on desired elements to include in this project. City staff presented a summary of this project to City Council on December 14, 2021. Following that meeting and on recommendation of City Council in Resolution 2021 – 92 (Attachment 1), the City sent a letter signed by the Mayor to Mike Lew, Project Manager at Caltrans. This letter outlines the elements that the City wishes be included in this project, as discussed by City Council, and is included as Attachment 2 to this staff report.

Caltrans is at 30% design on this project. Caltrans held a Microsoft Teams Meeting on Wednesday, November 30, 2022, at 1:30 PM to discuss 30% constructability comment resolution on this project. City staff attended this meeting. Review of the 30% drawings revealed that Caltrans has not incorporated multiple requested elements, such as removal of the mid-street bulbouts, and inclusion of a curb inset in front of the transit station.

To gauge public sentiment from stakeholders who will be greatly impacted by this project, namely the business owners along Guadalupe Street, staff attended the December 7 Guadalupe Business Association (GBA) and shared the current status of this project.

Shannon Sweeney

Page 2 of 2 ends

DISCUSSION:

City staff and GBA members present at the December 7 meeting expressed frustration that City input has not yet been incorporated. The GBA members all expressed support for the elements listed in the original December 14, 2021, letter.

At the December 7 meeting, GBA members suggested and support the idea of a letter writing campaign to help convey City wishes to Caltrans. To that end, City staff has drafted some template letters that can facilitate this effort. These template letters are included as Attachment 3.

GBA members also helped develop a list of additional stakeholders to contact for support, including truck companies, politicians, public safety agencies, the City’s contract transit operator SMOOTH, Inc., the school district, local bicycle clubs, and local nonprofit agencies, as well as any interested residents and business owners.

ATTACHMENTS:

1. Resolution No. 2021-92

2. December 14, 2021, letter to Caltrans

3. Templates for letter writing campaign
ATTACHMENT 1

ATTACHMENT 2

ATTACHMENT 3

LETTER WRITING CAMPAIGN TEMPLATES
Email
To: Mike Lew, [email protected]
cc: Shannon Sweeney, [email protected]
Postal
Mike Lew, P.E. | District 5 Project Manager
2885 S. Higuera St, San Luis Obispo, Ca 93401
Subject: Project 05-1E030 – 0513000026: Guadalupe Street ADA Project/Streets TEMPLATE 1 – MIDSTREET BULBOUTS
Mike,
I am (name, business/resident, address). I am in support of the removal of the mid-block bulbouts along Guadalupe Street. These bulbouts do not meet their intended goal of calming traffic or facilitating safe pedestrian travel. Instead, I support bulbouts at intersections with stop signs and areas of regular pedestrian crossing (such as at the road direction change between 8th and 9th Streets).

Signature
TEMPLATE 2 - PEDESTRIAN/SCHOOLCHILDREN SAFETY
Mike,
I am (name, business/resident, address). I am concerned about student and pedestrian safety along Guadalupe Street. I support adding 4-way stop signs at the four-way intersection of Guadalupe Street and 9th Street and the three-way intersection of Guadalupe Street and Olivera Street and retaining the 4-way stop signs at 11th Street. In addition, I support including at least one rapid rectangular flashing beacon (RRFB) at 9th Street and Guadalupe Street and the consideration of an additional RRFB or other pedestrian safety elements (such as inground lighting) at 11th Street and Guadalupe Street. These are two critical intersections for school children. Finally, I support reducing the speed limit from 30 mph down to 25 mph.

Signature
TEMPLATE 3 - LANDSCAPE/LIGHTING
Mike,
I am (name, business/resident, address). I support energy-efficient streetlights that capture the historic character of the Downtown area, while encouraging pedestrian use, illuminating businesses, reducing darkened areas, and allowing for banners. The lighting should be placed frequently enough to avoid darkened areas that inhibit pedestrian travel. The ability to connect to power at the top of the light standards would be an added bonus. This request is for black light standards with fixtures that hang over both the sidewalk and the street.

In addition, I support improved treescape. The existing trees have a small canopy, limiting their effectiveness at reducing the urban heat island effect or providing any meaningful shade for pedestrians. This item is specifically mentioned in the City’s 2020 Mobility and Revitalization Study. The goal is properly selected trees planted with a minimum well of 6 feet on all sides and 5 feet deep to encourage adequate size for a continuous, verdant shade canopy for pedestrians.

Signature
TEMPLATE 4 – UTILITIES
Mike,
I am (name, business/resident, address). I support undergrounding of electrical utilities on Guadalupe Street south of Olivera Street, along with conduit along Guadalupe Street to support broadband connectivity.

Signature
TEMPLATE 5 – TRANSIT
I am (name, business/resident, address). I support the City of Guadalupe 2020 Short Range Transit Plan and the 2018 State Rail Plan, both which advocate improving connections with multiple transit options.

To do so, I support installation of a bus bay/curb inset in front of the Amtrak Station, so that two bus routes can safely meet simultaneously at this location.

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Agenda Item No. 13

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of January 24, 2023
_________________________________
Prepared by:

Todd Bodem, City Administrator
SUBJECT: Consideration of a proposed ordinance adding Chapter 8.80 to the Guadalupe Municipal Code entitled “Vacant Commercial Property Registration and Property Maintenance” relating to the required registration and maintenance of vacant commercial buildings.

RECOMMENDATION:

It is recommended that the City Council:
1) Receive a presentation from staff;
2) Accept public comment;
3) Introduce by title only and waive the first reading of Ordinance No. 2023-507 adding Chapter 8.80 to the Municipal Code; and
3) Continue to the meeting of February 14, 2023, for second reading and adoption.

BACKGROUND:

In conjunction with the Guadalupe Department of Public Safety, Public Works Department, Planning Director, City Administrator, and City Attorney, staff drafted an ordinance proposing to add Chapter 8.80 to the Municipal Code, requiring the registration and maintenance of all vacant commercial buildings as defined in the proposed ordinance. The primary object of the proposed ordinance was to encourage the owners of vacant buildings, especially in the downtown area, to lease, sell, or otherwise establish some use for these buildings to help with the City’s economic development. This ordinance was initially brought to the City Council for its consideration on August 11, 2020, but this meeting occurred within five (5) months of Governor Newsom’s “stay-at-home” order and many of the initial restrictions were still in place. There were some comments from the public and the Council at this meeting that the proposed ordinance might have additional negative economic impacts in addition to those due to the pandemic. The Council suggested that the Guadalupe Business Association should review and provide comments on the proposed ordinance, and also, directed staff to bring that proposed ordinance back at a later time.

Staff believes that the time is now right for the proposed ordinance, especially since the Royal Theater renovation project is moving forward, the sale of the former Al’s Union site is nearly ready to take place (which the hope that the site will be purchased by a developer for a project that will help spur economic development in the downtown area), and with the impending opening of two commercial cannabis retail businesses and other new businesses in the downtown.

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As previously directly by Council, staff requested that the GBA review the proposed ordinance and provide comments. The President of the GBA, Garret Matsuura, provided a report to the City dated September 14, 2022, with the GBA’s comments and suggestions for the proposed ordinance which is attached hereto as Attachment 1.

DISCUSSION:

Vacant commercial buildings can pose a threat to the environmental health, potential community development, and public safety of the City. While code enforcement can address some of the more significant impacts to public health and safety caused by vacant commercial buildings, code enforcement cannot encourage the owners of these building to improve them and actively market them for sale, lease, or rent. Vacant commercial building, especially those that remain unmaintained or vacant for long periods, can also discourage economic development, and negatively affect property values. Overall, vacant commercial buildings place a burden on the City as a whole making it more difficult to attract private and public investments and making revitalization strategies more difficult to implement.

While the economy or demand for commercial space in the City account for some of the vacant commercial buildings, there are situations where owners may be choosing to leave a building vacant to maintain a tax break rather than using funds or obtaining loans to upgrade the building so as to be suitable for use by a prospective tenant.

The Proposed Ordinance
The proposed ordinance aims to decrease the number of vacant commercial buildings by maintaining a registration of vacant commercial buildings and their information to share with prospective tenants and encourage active marketing of these vacant buildings for sale, lease, or rent.

The proposed ordinance defines a “vacant commercial building” as “a commercial building where greater than fifty percent of the commercial units within the building have been unoccupied for over ninety days.” A commercial building is not considered vacant under the proposed ordinance if there are active building permits for alterations or rehabilitation, or the owner is actively applying for authorization, permits, or a license required by state or local law permitting the lawful use and occupancy of the commercial building.

If a commercial or industrial building (the proposed ordinance includes industrial buildings in the definition of a “vacant commercial building”) is vacant as defined by the ordinance, an initial registration form (to be provided by the City) must be submitted and include:

1. The name, current mailing address, phone number and any other contact information of the owner as well as the names and addresses of all known lien holders and all other parties with a legal or equitable ownership interest in the building.

2. If the owner(s) of the vacant building or property resides out of Santa Barbara or San Luis Obispo Counties, for at least six months a year, then they must provide the information for a local property manager or designated responsible person(s) with authority to act with respect to the property, including name, current mailing address,

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phone number and any other contact information of the owner's property manager or other designated responsible person(s).

3. Address of the commercial building and the Assessor Parcel Number(s).

4. Square footage and occupancy rating(s) of the commercial building.

5. Most recent permitted use(s) of the commercial building.

6. Period of time the commercial building is expected to remain vacant, and a plan and timetable for returning the commercial building to appropriate occupancy or use.

7. Statement as to whether there is fire and liability insurance coverage.

8. Methods by which the owner has secured the commercial building against unauthorized entry.

Every subsequent year a commercial building remains vacant beyond the initial registration, the owner of the vacant building must re-register the building and pay appropriate fees, and submit an updated plan for returning the vacant building to appropriate use or occupancy.

Another key provision of the proposed ordinance is the requirement of landlords to allow for the annual inspection of the vacant commercial building by the Building Official and Director of Public Safety or their designated appointee(s), for the purposes of safeguarding the health, safety, and welfare of the general public. Building owners or their local property managers or other designated responsible persons must inspect their buildings at least once per month to ensure compliance with all codes or to respond to a notification of noncompliance from the City. The property is required to be brought back into compliance within five (5) days after becoming noncompliant.

The ordinance further requires the payment of a registration fee to help offset the cost of the required annual inspections by the Building Department and the Department of Public Safety, and enforcement of this provisions set forth in the proposed ordinance. The annual registration fee is not required if the vacant building(s) meet all codes, does not contribute to blight, is ready for occupancy, and the owner can provide satisfactory evidence that the vacant commercial building is actively being offered for sale, lease, or rent. If a vacant building is rented after an annual registration fee is paid, the owner can request a prorated refund.

Registration fees would be subject to City Council approval by resolution. Staff also recommends that the Council, when establishing registration fees, consider adopting renewal fees that are higher than the initial registration fee to offset the City's cost in establishing and maintaining the registration program as well as the annual inspections by the Building Official and the Fire Department. If the Council decides to introduce, and eventually adopt, the proposed ordinance, staff will bring a resolution setting the registration fee for the City Council’s consideration and approval at a future meeting.

Staff believes that the proposed ordinance strikes a balance whereby private property rights are respected but also fairly recognizing the community cost of landlords essentially choosing to leave their properties vacant, and in some cases, unmaintained.

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Comments from the Guadalupe Business Association
The GBA reviewed the proposed ordinance and provided some comments (see Attachment 1).

Generally, the GBA was supportive of the proposed ordinance. The report from the GBA states:
“Responding members were unanimous in their concern that vacant buildings be regulated to some degree but there was concern about clarity of the proposed regulatory process.” Most of the member comments express support for the proposed ordinance, but one member asked whether the owner inspection requirement in Section 8.80.080 had to be every month, and suggested perhaps every two months would be adequate. Staff did not accept this suggestion since it does not consider it unreasonable to require the owner (or a local property manager or other designated responsible person) to conduct an inspection of a vacant commercial building once per month to ensure that the building remains in compliance with the proposed ordinance’s requirements. That said, the City Council can direct staff to make this change to the proposed ordinance if it agrees with this GBA member’s opinion.

There were also some “general notes” made in the report, including: (1) the need for clarifying the difference in meaning between “abandoned” and “empty;” (2) a suggestion to include lots with weeds and trash in the ordinance; and (3) to include a discussion of “incentive programs like small grants, discounts or deferments for things like signage repair/replacement, general façade maintenance, or painting refurbishment (so to not lose the existing downtown aesthetic).” Staff considered these comments from the GBA and accepted the one about clarifying the meaning of “abandoned” as opposed to an “empty” (or vacant) building. Staff agreed that it this was confusing, and realized that the word “abandoned” was not necessary for the purposes of the proposed ordinance, and therefore, all references to “abandoned” that were in the version of the proposed ordinance reviewed by the GBA were removed. Ironically, staff inserted the word “abandoned” in one place in the proposed ordinance, specifically, in Section 8.80.050. Previously, this section stated that the properties “shall be maintained….to prevent the appearance that the property is unmaintained….” Staff changed the section to read that properties shall be maintained….to prevent the appearance that the property is abandoned or unmaintained….” The addition of abandoned before “unmaintained” added and clarified the intention of the proposed ordinance, rather than confused it, and therefore, staff used the word “abandoned” in this section only.

Staff rejected the suggestion to include lots with weeds and trash in the proposed ordinance since this nuisance is already adequately stated in the Property Nuisance Ordinance (GMC Chapter 8.50) which also provides for sufficient administrative fines and penalties for noncompliance. In other words, it was not necessary to include lots with weeds and trash in the proposed ordinance, whereas it is necessary to include specific requirements for vacant commercial buildings that are not in violation of the Property Nuisance Ordinance, which the proposed ordinance addresses.

Finally, staff has no objection to the creation or establishment of incentive programs, but believes this is a subject that should be considered separately from the proposed ordinance, and is one that should essentially originate from the Council. If the Council wishes to give staff direction concerning such incentive type programs, staff will place an item on a future Council agenda and obtain the Council’s direction at that time.

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FISCAL IMPACT:

The financial impact is unclear at this time, but will likely include the costs of the implementation of a registration program, including the development of registration forms and tracking and enforcement procedures, some of which will be offset by the collection of registration fees. Code Compliance can also assist to recover enforcement costs of noncompliance with the requirements of the proposed ordinance.

Significant staff time would also initially would be required to implement a registration program, including the development of registration forms and tracking and enforcement procedures. Staff time for ongoing enforcement of the ordinance along with completing required annual inspections would vary depending on the number of vacant buildings. These duties would be shared between the Building Department and Department of Public Safety, if established.

ATTACHMENTS:

1. Guadalupe Business Association Report, dated September 14, 2022

2. Ordinance 2023-507 entitled “An Ordinance of the City Council of the City of Guadalupe, California, Adding Chapter 8.80 to the City of Guadalupe Municipal Code Concerning Vacant Commercial Property Registration and Property Maintenance.”

Report on Proposed Vacant Building Ordinance
Per your request, the Guadalupe Business Association reached out to its members and community to evaluate their thoughts and receive their feedback on a proposed food truck ordinance. Hopefully some of the feedback will assist the city in finalizing a plan to address vacant buildings within City Limits that will benefit both businesses, and the population of the Town itself. Based on feedback from the City, a list of current buildings that could be affected by this ordinance consists of (but are not limited to):
• 823, 825, 827 Guadalupe Street (Quiroga building)
• 465 Guadalupe Street (La Pasadita Restaurant)
• 959 Guadalupe Street (Napa Auto)
• 750 Guadalupe Street (Directly behind Roy’s Liquor)
• 992 Guadalupe Street (Basque House)
• Far Western*
• Royal Theater*
* indicates that there is currently something in process or there is active discussion about the project in some form.

Responding members were unanimous in their concern that vacant buildings be regulated to some degree but there was concern about clarity of the proposed regulatory process. As with the previously proposed Food Truck ordinance, there was confusion about what was allowed vs. not allowed currently in Guadalupe and how things were being enforced currently. Key points of consideration that were of concern to the aforementioned businesses included (please note that unless something was provided in writing, these notes are paraphrased from the in-person meeting on April 4th, 2022):

Submitted Member comments
Specific Notes
• 8.80.010 Purpose - I agree with the purpose paragraph and like that it wants the city to maintain an accurate registration of all vacant commercial buildings and impose proper requirements and procedures to get this done. The city having an accurate registration of all the vacant commercial buildings is so important. Neighbors in Pasadera who have wanted to look at some vacant buildings to rent or buy have had a hard time finding out ownership or current status of buildings. Having a place like City Hall where residents of Guadalupe and outsiders can find out the status of buildings will help more businesses come to Guadalupe. I had a friend visit from Los Angeles, she had questions about numerous buildings, no contact information was on numerous buildings, so she let it go. People will only work so hard to find out information. She thought Guadalupe was an incredible community to have a farm to table restaurant, since we are surrounded by agriculture. It would be a place for residents to ATTACHMENT 1
enjoy as well as tourists. Having a place in Guadalupe where people can find out the status of buildings to rent or to buy is enormously important.
• 8.80.030 - Obligation to register a vacant commercial building: I agree that once an ordinance passes that the owners of a current vacant building should have 90 days to register the commercial building with the Planning and Building department. I agree with 1. - Owner does not have to pay annual renewal fee if their buildings meet all the codes etc… everything else in 1. I agree with. • 8.80.060 Signage requirements - Any vacant commercial building should have a sign the public can see with contact number & management & where to report problems. It’s a courtesy and a safety measure for the residents of the City, Fire Department & Police. • 8.80.80 - Owner Inspection requirements - Does it have to be every month, perhaps every 2 months for the owner or their property manager to inspect the building if it is already up to code. • 8.80.090 - Penalties - Procedures - There needs to be penalties and procedures if owners don’t register vacant commercial buildings and do their upmost to keep them up to code. Otherwise, it will stop businesses flowing into Guadalupe.

General Notes
• Identify the word Abandoned
• Clarify the difference between "abandoned" and "empty". • Include lots for weeds and trash.
• There are several typos and grammatical errors.
• Would like discussion and/or exploration of incentive programs like small grants, discounts or deferments for things like signage repair/replacement, general façade maintenance, or painting refurbishment (so to not lose the existing downtown aesthetic).

Summary
Generally speaking, the GBA is in full support of regulatory steps to improve the downtown corridor and general state of vacant buildings within the City. With a focus on the aesthetic presentation of vacant buildings as well as a standardized system to help promote economic development through vacant real estate presentation and related property management, the GBA membership supports the City’s initiative with attention to the aforementioned notes. As always, the GBA’s primary goal is to provide the City with authentic voices from within the business community regarding their concerns about vacant buildings and not taking a specific organizational position about any specific property within the community.

Submitted September 14, 2022 on behalf of the Guadalupe Business Association by the Board of Directors.

Respectfully,
Garret Matsuura
President, Guadalupe Business Association
ORDINANCE NO. 2023-507

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA, ADDING CHAPTER 8.80 TO THE CITY OF GUADALUPE MUNICIPAL CODE CONCERNING VACANT

COMMERCIAL PROPERTY REGISTRATION AND PROPERTY MAINTENANCE WHEREAS, vacant buildings contribute to blight in the city, discourage economic development, diminish appreciation of property values, endanger public health and safety, attract criminal activity, and create fire hazards; and WHEREAS, it is the responsibility of property owners to prevent buildings from becoming a burden to the neighborhood and community and a threat to the public health, safety, and welfare; and
WHEREAS, vacant buildings result in increased expenditures for police, fire, and code enforcement inspections and calls; and
WHEREAS, in addition to posing a threat to environmental health, vacant commercial buildings can thwart potential community development, fiscal, and economic opportunities of the City as a result of a decline in property values and environmental degradation, making it more difficult to attract private and public investments and making revitalization strategies more difficult to implement.

WHEREAS, it is desirable for the maintenance of public health, safety, and welfare and to improve economic development opportunities for the City to maintain an accurate registration of all vacant commercial buildings, which will help to decrease the number of vacant commercial buildings by encouraging owner to actively market their properties for sale, lease, or rent.

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

SECTION 1. Chapter 8.80 of the Guadalupe Municipal Code is hereby added to read as follows:

Chapter 8.80 - VACANT COMMERCIAL PROPERTY REGISTRATION AND

PROPERTY MAINTENANCE

8.80.010 Purpose.

Recognizing that vacant buildings contribute to blight in the city, discourage economic development, diminish appreciation of property values, endanger public health and safety, attract criminal activity, and create fire hazards, it is the responsibility of property owners to prevent buildings from becoming a burden to the neighborhood and community and a threat to the public health, safety, and welfare. The City Council finds that vacant buildings result in increased expenditures for police, fire, and code enforcement inspections and calls. Maintenance of public ATTACHMENT 2
health, safety, and welfare thus requires the city to maintain an accurate registration of all vacant commercial buildings and to impose each of the requirements, procedures, and penalties set forth herein. The ordinance codified in this chapter shall be known as the "vacant commercial property registration and property maintenance ordinance," and is hereinafter referred to within this Chapter

8.80, as "this chapter."

8.80.020 - Definitions.

For the purposes of this chapter, the following terms are defined as set out in this section:

A. "Commercial building" means a building, accessory structure, mobile or modular structure, or other structure adapted to permanent occupancy for commercial or industrial purposes, and which is located within either the Commercial Services, Mixed-Use, General Commercial, Neighborhood Commercial, Industrial-Commercial, Commercial Recreation, General Industrial, or Urban Reserve/Light Industrial zoning designations. A "commercial building" also includes any structure, or any portion of a structure, located within the city and designed or intended for occupancy as a hotel or motel.

B. Commercial unit" means each separate space within a commercial building designed or intended for occupancy.

C. "Secured" means treated with such measures as may be directed by the Building Official or his or her designee that assist in rendering the vacant building inaccessible to unauthorized persons, squatters, and trespassers, including, but not limited to, the closure, locking, padlocking, chaining, repair and/or boarding of fence(s), wall(s), gate(s), window(s), door(s), including walkthrough, sliding and/or garage doors, and/or other openings of such size that may allow a child access to the interior of the structure/property. In case of broken windows, "secured" includes the re-glazing or boarding of the window. Boarding shall be completed to a minimum of the current United States Department of Housing and Urban Development (HUD) securing standards at the time the boarding is completed or required, and shall additionally require painting the boards with an exterior grade paint that matches the color of the building.

D. "Unsecured" means any building that is accessible through a compromised, breached, or broken gate, fence, wall, window, door, or similar entry points and/or is unsecured so as to allow access to any interior space by unauthorized persons or trespassers.

E. "Vacant commercial building" means a commercial building where greater than fifty percent of the commercial units within the building have been unoccupied for over ninety days.

Notwithstanding the foregoing sentence, a commercial building shall not be considered vacant if:

1. There is a valid building permit for alterations or rehabilitation, excluding standard maintenance and repairs, of the commercial building and the owner completes the alterations or rehabilitation, within one year from the date the initial permit was issued, unless the Director of Public Safety, after consultation with the Planning Director and/or Building Official, and with the consent of the City Administrator, determines that good cause exists to extend to the owner an additional period of time to complete the alterations or rehabilitation of the commercial building; or

2. The owner or leaseholder has filed an application for and is actively seeking to obtain authorization, permits, or a license required by state or local law permitting the lawful use and occupancy of the commercial building; or

3. In the case of a structure or portion of a structure designed or intended as a hotel or motel, the owner or operator is actively engaged in operating such premises as a hotel or motel. At a minimum, active engagement as a hotel or motel requires that the owner or operator participate as a certified registrant of the Transient Occupancy Tax Ordinance of the City of Guadalupe (Chapter

3.20 of the Guadalupe Municipal Code) with respect to such premises.

8.80.030 Property owner's obligation to register a vacant commercial building; registration fee.

A. The owner(s) of a vacant commercial building shall within ninety days after the effective date of this chapter, or after it has become vacant, whichever occurs later, register the commercial building with the Building and Planning Department on a form provided by the department.

B. The annual registration fee, based on gross square footage, in an amount established by City Council resolution, shall accompany the registration form. The registration payment deadline will serve as the date for calculating an annual renewal fee which shall be paid every year the commercial building remains vacant. Funds derived from said fee shall be used to offset the city’s cost of inspection, administration, and enforcement under this chapter.

1. An owner shall not have to pay the annual renewal fee if his or her building meets all codes, does not contribute to blight, is ready for occupancy, is being maintained and monitored as required by this chapter, and can provide satisfactory evidence that the vacant commercial building is actively being offered for sale, lease, or rent. Satisfactory evidence shall include, but is not limited to, evidence that the owner has an active contract with a real estate agent or other rental agent who advertises and promotes the vacant commercial building for rent, lease or sale, or proof that the vacant commercial building is offered for rent, lease or sale on the Multiple Listing Service or any other comparable real estate listing service.

C. Any subsequent owner or majority owner of a vacant commercial building must register or re-register the building with the city designated officer within thirty days of any transfer of any ownership interest in the building.

D. Vacant commercial buildings subject to this chapter shall remain under the annual registration, security, and maintenance requirements of this chapter as long as the properties remain vacant. However, if the owner rents the building to a tenant who occupies the premises in a manner that complies with this chapter and with all other applicable provisions of state and local law prior to the registration payment deadline, the building shall be removed from the department's registry and the owner need not pay the registration fee, and if rented after the registration fee is paid, the building will be removed from the registry and the owner may request a prorated refund of the registration fee.

E. If any owner fails to register a vacant commercial building as required by this chapter, the Building and Planning Department may register the vacant commercial building and impose the annual registration fee on the owner. Notice of such registration shall be made pursuant to Section 8.50.120.A. The notice shall state the amount due for the registration fee and shall constitute enrollment in the city's vacant commercial building registration program. The notice shall further advise that the owner must comply with all requirements of this chapter and submit all of the information required within Section 8.80.040 within ten days following service of such notice. The failure to pay the registration fee and submit all required information following service of such notice is a violation of this chapter, shall constitute a public nuisance, and shall be subject to the penalties and procedures set forth in Section 8.50 (Property Nuisance) and/or Title 1. The city may collect any unpaid registration fee by use of any method authorized by law, including procedures set forth in Chapter 8.50.

8.80.040 - Registration requirements.

A. The required registration shall be submitted on the form provided by the city and shall include:

3. Situs addresses of the commercial building and the Assessor Parcel Number(s).

4. Square footage and occupancy rating(s) of the commercial building.

5. Most recent permitted use(s) of the commercial building.

6. Period of time the commercial building is expected to remain vacant, and a plan and timetable for returning the commercial building to appropriate occupancy or use.

7. Statement as to whether there is fire and liability insurance coverage.

8. Methods by which the owner has secured the commercial building against unauthorized entry.

9. Other information as the department(s) may require.

B. Upon registration of a vacant commercial building, the owner shall be required to provide authorization to the City of Guadalupe Police Department to detain or arrest for trespassing pursuant to California Penal Code Section 602, any persons found on the property without the owner's consent or without lawful purpose.

BC. Pursuant to the registration requirements of this subsection, for every subsequent year a commercial building remains vacant beyond the initial registration, the owner of the vacant building must:

1. Re-register the building and pay appropriate fees, and

2. Submit an updated plan for returning the vacant building to appropriate occupancy or use.

8.80.050 Maintenance and security requirements.

The property owner(s) or designated responsible person(s) shall maintain properties subject to registration pursuant to this chapter as required by this chapter and any other applicable provisions of federal, state, or local law, and shall take any other action necessary to prevent giving the appearance that the property is abandoned or unmaintained, including but not limited to, the following:

A. Property shall be maintained free of weeds, dry brush, dead vegetation, trash, junk, debris, and excessive foliage growth that diminishes the value of surrounding properties and/or causes a blight.

B. Property shall be maintained free of any excess building materials; any accumulation of newspapers, circulars, flyers, notices (except those required by federal, state, or local law); discarded personal items, including but not limited to furniture, clothing, large and small appliances, printed material.

C. Property shall be maintained free of graffiti, tagging, or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior of the structure and completely conceals such graffiti, tagging, or similar markings.

D. Exterior shall be cleared of any advertisements or signage of previous businesses.

E. To the extent permitted by law, any vacant commercial building shall be secured, as defined in this chapter.

8.80.060 Additional authority.

In addition to the enforcement remedies established in this chapter or otherwise by law, the building official or his or her designee shall have the authority to require the beneficiary, trustee, owner, or owner of record of any property subject to this chapter to implement additional maintenance or security measures, including but not limited to securing any and all doors, gates, windows or other openings, installing additional security lighting, increasing onsite inspection frequency, or other measures as may be reasonably required to prevent the decline of the condition or appearance of the property.

8.80.070 Signage requirements.

Any vacant commercial building shall be posted with the name and twenty-four-hour contact phone number of the trustee, beneficiary, owner, realtor, or a local property management company that must be retained by an out-of-area beneficiary, trustee, or owner. The posting shall be no less than eighteen inches by twenty-four inches and shall be of a font that is legible from a public right of way and shall contain along with the name and twenty-four-hour contact number the words "THIS PROPERTY MANAGED BY" and "TO REPORT PROBLEMS OR CONCERNS CALL." The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street or secured to the exterior of the building or structure facing the street to the front of the property so it is visible from the street; if no such area exists, the posting shall be placed on a stake of sufficient size to support the posting in a location that is visible from the street to the front of the property but not readily accessible to vandals. Exterior postings must be constructed of and printed with weather resistant materials.

8.80.080 Annual inspection requirement.

A city designated officer, including the Director of Public Safety or the building official, or their appointee(s), may inspect or cause to be inspected any premises in the city for the purposes of enforcing and assuring compliance with the provisions of this chapter and safeguarding the health, safety, and welfare of the general public. Upon the request of the city designated officer or designated appointee, an owner shall provide access to all interior portions of any vacant commercial building or suspected vacant commercial building in order to permit a complete annual inspection.

The Director of Public Safety or a designated appointee is authorized to enter and inspect, or cause to be inspected, all vacant commercial buildings and premises for the purpose of conducting an annual fire code compliance inspection.

8.80.090 Owner inspection requirements.

The owner(s) or their local property manager or other designated responsible person(s) if the owner resides out of San Luis Obispo or Santa Barbara Counties more than six (6) months a year shall inspect the vacant commercial building on a monthly basis to determine if the building remains in compliance with this chapter or if notification of noncompliance is reported to the owner(s). The property shall be brought back into compliance with this chapter within five days of it becoming out of compliance herewith.

8.80.100 Penalties—Procedures.

A. Violations of this chapter shall be treated as a strict liability offense regardless of intent.

Any person, firm and/or corporation that violates any portion of this chapter shall be subject to prosecution, public nuisance abatement and/or administrative enforcement pursuant to Title 1 and/or Chapter 8.50 of the Guadalupe Municipal Code, and/or any other enforcement and legal remedies available to the city under the law.

B. All administrative or civil penalties assessed shall be payable directly to the city.

C. Any and all administrative or civil penalties assessed under this section shall be billed to the owner or other responsible party. Failure or refusal to pay any and all such penalties permits the city to pursue any and all available legal remedies for the enforcement and collection of such penalties; including but not limited to, civil actions being filed in any court of competent jurisdiction, abatement of nuisances maintained in violation of this chapter, institution of injunction, mandamus, or other appropriate action or proceedings to enforce the penalty provisions of this chapter.

D. In addition to all other lawful remedies available to the city to address any violation of this chapter, the Director of Public Safety or his or her designee may issue an administrative citation and fine pursuant to Guadalupe Municipal Code Chapter 1.11 and/or a compliance order with or without administrative penalties pursuant to Guadalupe Municipal Code Chapter 1.10 upon any owner of a registered vacant commercial building that has remained in a continuously vacant condition at the time of the second annual inspection. An additional administrative penalty may be imposed upon an owner if the owner's building remains vacant one hundred eighty days following the first administrative penalty. Additional penalties may be imposed semi-annually as long as the building remains vacant. A second and any subsequent penalty shall be in an amount not to exceed one thousand dollars.

8.80.110 Declaration of public nuisance.

Pursuant to the city's police powers authorized in Article XI, Section 7 of the California Constitution, and other provisions of California law, including, but not limited to, California Government Code Section 38771, the city council hereby declares that violation of this chapter, including but not limited to the registration, inspection, maintenance and security requirements of this chapter shall constitute a public nuisance and shall be subject to abatement in accordance with Chapter 8.50 (Property Nuisance).

SECTION 2. 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 3. 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 5. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.

INTRODUCED at a regular meeting of the City Council on the 24th day of January 2023, by the following roll call vote: Motion
AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Todd Bodem, Deputy City Clerk

Ariston Julian, Mayor
APPROVED AS TO FORM:
_________________________________
Phillip F. Sinco, City Attorney

Guadalupe City CouncilJanuary 24, 2023

Guadalupe City Council
January 24, 2023