Agenda packet — Guadalupe City Council, February 14, 2023

February 14, 2023 City of Guadalupe Council Meeting Agenda Page 1 of 5 City of Guadalupe
AGENDA
Regular Meeting of the Guadalupe City Council
Tuesday, February 14, 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, February 14, 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
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3. MOMENT OF THANKS, APPRECIATION OR CONDOLENCES.

4. 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.

5. CEREMONIAL CALENDAR
• Recognizing Firefighter of the year – Guadalupe Reyes, Fire Engineer • Recognizing Police Officer of the year – Omar Reyes, Officer

6. 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.

7. 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 February 6, 2023.

C. Approve the Minutes of the City Council special meeting of January 17, 2023.

D. Approve the Minutes of the City Council regular meeting of January 24, 2023 E. Adopt, on second reading, Ordinance No. 2023-507 concerning vacant commercial property registration and property maintenance.

F. Adopt Resolution No. 2023-08 approving an agreement for professional services with the law firm Jones Mayer (related to work performed by the City’s Assistant City Attorney, Wendy Stockton).

G. Adopt Resolution No. 2023-09 revising the classification and job description for the Building Attendant to include previously approved duties of the Multimedia Assistant (temporary position).

February 14, 2023 City of Guadalupe Council Meeting Agenda Page 3 of 5 H. MONTHLY REPORTS FROM DEPARTMENT HEADS

1. Planning Department report for January 2023

2. Building Department report for January 2023

3. Public Works and Engineering report for January 2023

8. CITY ADMINISTRATOR REPORT: (Information Only)

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

REGULAR BUSINESS

10. New wall-mounted sign for the Vietnam Veterans of America, Chapter 982 at the Veterans Memorial Building, 1005-1025 Guadalupe Street.

Written report: Bill Scott, Contract City Planner
Recommendation: That the City Council adopt Resolution No. 2023-10 endorsing a wall-mounted sign for the Vietnam Veterans of America Chapter 982 on the Veterans Memorial Building at 1005- 1025 Guadalupe Street.

11. Main Street/Obispo intersection traffic issues.

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

12. Traffic and parking plan options for student drop-offs and pickups at Mary Buren Elementary School.

Written report: Michael Cash, Director of Public Safety Recommendation: That the City Council provide direction to staff concerning a traffic and parking plan to address congestion in the morning and afternoon hours near Mary Buren Elementary School as a result of student drop-offs and pickups.

13. First reading and introduction of Ordinance No. 2023-508 amending the City’s Commercial Cannabis Business Ordinance (Guadalupe Municipal Code Chapter 9.22).

Written report: Philip F. Sinco, City Attorney
Recommendation: That the City Council waive full reading, read by title only; and introduce Ordinance No. 2023-508 on the first reading, and continue to the meeting of February 28, 2023, for second reading and adoption.

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14. Amending the Master Fee Schedule for cannabis community benefit agreement, regulatory and pre-license fees.

Written report: Todd Bodem, City Administrator
Recommendation: That the City Council adopt Resolution No. 2023-11 amending the Master Fee Schedule for cannabis community benefit agreement, regulatory and pre-license fees for business issued a commercial cannabis business permit.

15. FUTURE AGENDA ITEMS

16. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS

17. ADJOURNMENT TO CLOSED SESSION MEETING

CLOSED SESSION

18. Public Employment
(Pursuant to Government Code Section 54957(b))
Title: City Administrator

19. Conference with Legal Counsel – Existing Litigation Subdivision (d) (1) of Government Code Section 54956.9
Name of case: City of Guadalupe v. Guadalupe Post #371 of the American Legion, Santa Barbara Superior Count Case No. 22CV04248

20. ADJOURNMENT TO OPEN SESSION MEETING

21. CLOSED SESSION ANNOUNCEMENTS

22. 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 10th day of February 2023.
______________________________
Todd Bodem, City Administrator
Todd Bodem
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PROPOSED FUTURE CITY COUNCIL AGENDA ITEMS
Council Meeting: Date and Subject Department Agenda Category Tuesday, February 28, 2023, at 6:00 pm / Regular Meeting Little House by the Park Presentation – 2022 Update Presentation Royal Theater – California Arts Council (CAC) Grant Thomas Brandeberry Consent Calendar Award Highway Lift Station Rehabilitation Project Public Works Department Consent Calendar Amendment to La Guardia Townhomes Conditions of
Approval (CUP).

Public Works Department Consent Calendar
Dodgeball Tournament Recreation & Parks Dept. Consent Calendar Measure A POP Public Works Department Public Hearing
Emergency Preparedness Coordinator Position Public Safety Dept. Regular Business Mid-Year Budget Report Finance Department Regular Business Council Appointments to Board and Committees Administration Dept. Regular Business City Council & Recreation Joint Meeting
Facility Fee Schedule Recreation & Parks Dept. Workshop Tuesday, March 14, 2023, at 6:00 pm / Regular Meeting
Veterans Street Naming Public Works Department Regular Business Tuesday, March 28, 2023, at 6:00 pm / Regular Meeting
Waste Management Agreement Public Works Department Regular Business SMOOTH Transportation Agreement Public Works Department Regular Business Other Unscheduled Items Proposed
Date of Item
Department Agenda Category
Tree Ordinance Public Works New Business
Sidewalk Vending Ordinance Planning Department New Business Vacant Property Ordinance Administration Dept New Business Food Truck and Special Event Ordinance Planning Dept New Business Gift Policy City Attorney New Business
Recognizing Food Distribution Volunteers Ceremonial Calendar Benefit for Unrepresented Employees Human Resources New Business Al’s Union Property New Business
Rent Stabilization New Business
Agenda Item No. 7B

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of February 14, 2023
Prep,£, Approved by:

Veronica Fabian
Finance Account Clerk
Angi Pereyra-Leon
Accounting Supervisor
Todd Bodem
City Administrator
SUBJECT:

RECOMMENDATION:

Payment of warrants for the period ending February 06, 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 February 15, 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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MINUTES
City of Guadalupe
Special Meeting of the Guadalupe City Council
and the Successor Agency to the Guadalupe Redevelopment Agency Board Tuesday, January 17, 2023, at 6:00 pm
City Hall, 918 Obispo Street, Council Chambers

1. ROLL CALL:

Council Member Christina Hernandez
Council Member Gilbert Robles
Council Member (Vacant)
Mayor Pro Tempore Eugene Costa Jr.

Mayor Ariston Julian
The meeting was called to order at 6:00 p.m. All four (4) were present.

2. PLEDGE OF ALLEGIANCE

3. AGENDA REVIEW
Mayor Julian requested that the following order of the agenda change under Regular Business:
• Item 9 becomes 12
• Item 10 becomes 13
• Item 11 becomes 9
• Item 12 becomes 10
• Item 13 becomes 11
• A letter from the Department of Transportation was received and distributed to Council regarding Main Street / State Route 166 Intersection Stop Controls Proposals. (Note) There was no item on the agenda regarding this matter.

4. CEREMONIAL CALENDAR
Mayor Julian read out loud a Proclamation on Human Trafficking Awareness Month – January 2023.

Rachel Hurd, Counseling Services Advocate went to the Podium and stated that, “Good evening, Mayor Julian, and members of the City Council. My name is Rachel, and I am the Counseling Services Advocate for the North County Rape Crisis and Child Protection Center. Our agency provides services in all of northern and mid Santa Barbara County, but tonight I come to you as a member of the Santa Barbara County Human Trafficking Awareness Month and sadly, our Agenda Item No. 7C.

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pristine piece of heaven on earth is not immune to this terrible from of victimization. Human Trafficking is an issue that is pervasive in our community, but few people talk about it. The County Human Trafficking Task Force was formed in 2013 because we realized that none of us can do this work in a vacuum, and we had to unite. We engage and rely on the expertise that each entity brings to the table. It is a true collaborative effort as we work to assess the scope of the problem locally, offer access to training opportunities, develop protocols, and improve law enforcement and victim service response. We are a group of organizations with a common goal of educating, intervening, advocating, and changing the landscape of trafficking.

So, just how bad is it? Well, in my opinion, and I say this about any form of violence…one is too many and human trafficking is a crime that knows no boundaries and everyone, and I mean everyone, is at risk. In Santa Barbara County since January 2017, there have been 243 new human trafficking investigations with 217 new survivors having been identified. Of those, 27% have been minors, with an additional 33% between the ages of 18-24; 42% were Santa Barbara residents prior to trafficking; and 91% were sex trafficking.

Keep in mind that human trafficking is difficult to measure. Fear of harm to self or others, language barriers, lack of personal freedom, and fear of law enforcement often prevent victims from reporting their victimization or seeking services, so the number has the potential to be much higher.

As a City Council you have taken a step by acknowledging the work with this Proclamation. But what now? Your work isn’t done! learn more. Call us and we’ll provide you with more information that I can in the three minutes I have at this podium. We love talking to people, because honestly, we need you. Imagine how much stronger we are when we present an educated, uniformed front to fight this insidious form of violence. What if you knew what the red flags were and had the tools to act on them? What if you were able to confidently have conversations with young people to educate them as well? The trafficking task force has a lot to offer, and we encourage each of you to visit our website of trafffickstopsb.org to learn more. We’d also like to make you aware of an upcoming vigil being held on January 18th at 5:30 p.m. in De La Guerra Plaza. This Vigil for Freedom will shine an even greater light on our work and those we help.

Thank you again for honoring each of us with this Proclamation and for your work in our community to keep this issue on the forefront.

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

Albert Nunez Jr. Board Member, Rancho de Guadalupe Historical Society approached the podium to say, “thank you for the time to speak tonight. I’m here representing the Rancho de Guadalupe Historical Society to ask the city council to support our application for a ‘Monetary Reduction or Waiver’ on our rental of the American Legion Hall in March. For a bit of history, we are the nonprofit association that curates our town’s Historical Museum and staffed entirely by volunteers. Our January 17, 2023 City of Guadalupe Council Meeting Minutes

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doors stay open because of donations and various fundraising efforts throughout the year. For many years, we held a St. Patrick’s Day Spaghetti dinner. A few years ago, we Switched to holding an annual ‘Treasures’ sales, selling items donated from our members and the public. Last year, the Treasurers sale was one of the more successful and made about $700. Now, this event consists of setting up tables in the hall, and a few chairs for staff like myself who can’t stand for too long. When we’re done for the day, we put all the tables and chairs back ourselves, we sweep and dispose of any trash. Essentially, we have left the hall as clean or even cleaner than we found it. This year, while applying to reserve the hall, we learned two things: There was a $500.00 cleaning fee for the hall and the cleaning fee is based on the type of facility, rather than the type of function. The Historical Society respectfully asks that the City Council consider either of these options regarding our rental application for our event:

1. Grandfather in our previous fee of $50

2. Consider waiving the cleaning fee altogether (with the understanding that we will continue to put away all the tables and chairs, sweep, dispose of refuse, after the event).

Now, there might be some that asks, ‘if the City was to do this for one group, would the City have to do it for other groups?’ I would submit that each event, regardless of the group, is different in scope, needs, history and pattern of behavior. A ‘one size fits all’ approach is not the only path, nor the most equitable. For example, an event with food and a crowd of one hundred is different, than an event with a group of 10 people holding a meeting around a table’ or an event like ours, with a few chairs, some tables and light foot traffic. But right now, the cleaning fee would be the same for all these events because of the venue. The Historical Society has been a responsible presence in the city since 1989 and we have been part of the American Legion building since 2002. We hope to keep this event in the Hall because of its proximity to the museum but with the new lock-in fee of $100, the new fee facility rental fee of $50 and the cleaning fee of $500 minus the refundable amount of $250, the total to use the hall is now $400. And now, our event may not be feasible to use the hall. And while we recognize the fiscal needs of he city, and the necessary oversight required to ensure a wellmaintained facility, our pattern of responsible use since we’ve held the event, should ensure the hall will be well-maintained during our event. Further, I wholly encourage the city council to revisit the fee schedule and consider a different approach. Apply cleaning fees as they relate to the type of function and even the city’s history with the group, rather than the size of the facility. I hope the information I have shared is beneficial to any discussions on the matter. Thank you for the opportunity to speak tonight.”
The application information was then submitted to city staff for review and follow up.

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.

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B. Ratify payment of warrants for the period ending January 2, 2023 and December 15, 2022.

C. Approve the Minutes of the City Council regular meeting of December 13, 2022.

D. Continuance of second reading and adoption of Ordinance No. 2022-506 amending Chapter

18.53 (Accessory Dwelling Units) to the regular City Council meeting to be held on January 24, 2023.

E. Adopt Resolution No. 2023-01 accepting a donation of nine (9) cases of soda and water to the Guadalupe Fire Department from the Reyes Coca-Cola Bottling Company to assist the “City of Guadalupe Armed Forces Holiday Gathering” for military personnel from Vandenburg Space Force Base.

F. Adopt Resolution No. 2023-02 accepting a donation of $1,100.00 to the Guadalupe Fire Department from the Santa Maria Elks Lodge No. 1538 toward the purchase of candy for the 2022 Guadalupe Christmas Parade.

G. MONTHLY REPORTS FROM DEPARTMENT HEADS

1. Planning Department report for December 2022

2. Building Department report for December 2022

3. Public Works/Engineering report for December 2022
Motion was made by Council Member Robles and seconded by Mayor Pro Tempore Costa Jr. to approve the Consent Calendar. 4-0 Motion passed.

7. CITY ADMINISTRATOR REPORT: (Information Only)
City Administrator Bodem stated that city staff learned a lot following the recent storm event. He also asked if the City Council had any questions about the written City Administrator report. There were no follow up questions asked.

8. DIRECTOR OF PUBLIC SAFETY REPORT: (Information Only) Public Safety Director gave an extensive overview of the storm event and the impacts on several displaced citizens who were moved into short term housing located at the Pioneer Apartments near their homes that were flooded.

Courtney Cazenave mentioned that the city did a wonderful job responding to the storm event. “Nobody panicked and Marcus was awesome.”
Lenny Lizalde said this was “a wake-up call” and thanked everyone. “We need to get organized as a city and ensure our connections to outside agencies in case there is an earthquake or larger disaster.” Megan Lizalde would like to see if staff can develop a flyer with instructions on how citizens can sign up to the emergency alert system. Staff will develop a flyer and insert it in the next utility billing cycle.

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REGULAR BUSINESS

9. City Council Vacancy.

A written report was provided by Todd Bodem, City Administrator recommending that the City Council interview all three (3) interested city residents and select one (1) finalist to fill the remainder of Tony Ramirez’ term, effective immediately.

Mr. Bodem gave a summary of his staff report and ended the discussion laying out the interview process.

The City Council interviewed three (3) interested residents to fill the seat of the Tony Ramirez’s term.

They are as follows:

1. Courtney Cazenave

2. Clemente Moreno

3. Megan Lizalde
The City Council was extremely impressed with quality of applicants and from the answers provided by those who were interviewed.

After careful consideration, it was the consensus to appoint Megan Lizalde. Mayor Julian thanked the other interested people and said, “I wish we had a 7-member council so that all of you could be seated.”
Motion was made by Mayor Pro Tempore Costa Jr. and seconded by Council Member Hernandez to appoint Megan Lizalde to fill the remainder of Tony Ramirez’ term, effective immediately. 4-0 Motions passed.

10. SWEARING IN OF NEWLY APPOINTED OFFICIAL.

Deputy City Clerk, Todd Bodem administered the oath of office to Megan Lizalde.

11. APPOINTED OFFICIAL TO BE SEATED AND GIVEN THE OPPORTUNITY TO SPEAK.

Newly appointed City Council Member Megan Lizalde thank the City Council.

12. Resolution ratifying and proclaiming the existence of a local state of emergency.

A written report was provided by Todd Bodem, City Administrator recommending that the City Council adopt Resolution No. 2023-03 ratifying and proclaiming the existence of a local state of emergency.

City Attorney Philip Sinco provided some background detailing the need for the City Council to adopt a resolution ratifying and proclaiming the existence of a local state of emergency. The City was January 17, 2023 City of Guadalupe Council Meeting Minutes

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adversely impacted by the strong winds and rain causing massive flooding and the displacement of several people who were ultimately sheltered in the H2A Pioneer Apartments complex. Sinco mentioned that on the night of January 9, 2023, and the early morning go January 10, 2023, the City Administrator/Director of Emergency Services declared a state of emergency; soon thereafter, the Emergency Operations Center was activated by the Public Safety Director. Meeting the seven (7) day window to declare, Sinco stated that the governing body must now proclaim a local emergency tonight which will then enable the city to receive state and federal funding to repair and make whole those impacted by the storms.

Motion was made by Mayor Pro Tempore Costa Jr. and seconded by Council Member Robles to approve Resolution No. 2023-03 ratifying and proclaiming the existence of a local state of emergency.

Motion passed 5:0 by a roll-call vote.

13. Emergency Occupancy Agreement for displaced residents.

A written report was provided by Philip F. Sinco, City Attorney recommending that the City Council either:
a. By motion, decline to ratify a proposed “emergency occupancy agreement” to provide temporary housing for City residents displaced from their homes because of flooding; and b. By motion, ratify a payment of $7,000 paid to provide temporary housing for displaced City residents from January 10-17, 2023.

City Attorney Philip Sinco provided the City with a long staff report that summarized why the city must ratify an “emergency occupancy agreement” between the owner of the 824 Pioneer Apartments (Owner: Steve Simoulis) and the City executed by the property owner and the Mayor during the storm crisis. The Public Safety Director felt this was the best solution to work with Steve to temporarily shelter the displaced people so that they were safe and secure. The City Attorney stated that a resolution (No. 2020-04) giving department heads the authority to enter into contracts under $50,000 as long as it is budgeted. However, since the amount is over $50,000 in the agreement, the agreement needs an action of the City Council.

LADG representative Alejandra Mahoney stated that, “this is what leaders do, they lead by making the difficult decisions. LADG has already received up to $25,000 in post recovery funds.” Interim Finance Director Robert Perrault suggested that he will return to a future meeting with an appropriation report that these costs be paid out of the reserve fund. He also suggested that the agreement be amended to include language that rent shall not be paid if any of the units are vacated before the end of the term. This was verbally agreed upon by the property owner and the City Council.

According to the City Attorney, at the January 24, 2023, City Council meeting, Council must adopt a Resolution finding that the expenditure of public funds for temporary lodging of City residents January 17, 2023 City of Guadalupe Council Meeting Minutes

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displaced due to flooding during the local emergency services a public purpose and to confirm ratification of an emergency occupancy agreement as revised this City Council meeting.

Motion was made by Mayor Pro Tempore Costa Jr. and seconded by Council Member Robles to negotiate the emergency occupancy agreement with the modifications requested by the City Council and approved by the Owner for final ratification at the January 24, 2023 City Council meeting. 5-0 Motion passed.

14. Appointment of Councilmembers to various boards and committees.

A written report was provided by Todd Bodem, City Administrator recommending that the Mayor nominate, and the City Council ratify the Mayor’s nominations, having to do with appointments to various boards and committees which require Council representation.

The City Council tabled the appointment of Council Members to various boards and committees to a future meeting (yet to be determined).

15. FUTURE AGENDA ITEMS
Mayor Pro Tempore would like to discuss closing of certain streets near the school during daytime hours and to make room for parking, etc. in a future agenda.

Mayor Julian would like to see an update regarding the Cannabis and the CUP process. This item will be presented at the February 14 City Council meeting.

16. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS
Council Member Hernandez talked about the “Daddy & Daughter Dance” and wanted to know more about it but understands that the information is in the Recreation and Parks Newsletter and flyer.

Mayor Julian gave additional ‘real time’ testimony of the flooding situation. He also made a statement thanking everyone (from top to bottom) who helped during this crisis.

17. ADJOURNMENT TO SUCCESSOR AGENCY BOARD MEETING
Motion was made by Mayor Pro Tempore Costa Jr. and seconded by Council Member Hernandez to adjourn to the Successor Agency Board Meeting at 8:02 p.m.

SUCCESSOR AGENCY

18. Recognized Obligation Payment Schedule and Administrative Budget for the July 1, 2023, through June 30, 2024, Period.

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A written report was provided by Joy Otsuki, Special Counsel to the Successor Agency recommending that the Successor Agency adopt SA Resolution No. 2023-01 entitled “Resolution of the Successor Agency to the Redevelopment Agency of the City of Guadalupe approving the Recognized Obligation Payment Schedule for the July 1, 2023, through June 30, 2024, period”.

Joy Otsuki, Special Counsel to the Successor Agency, was virtually present at the meeting, and provided an overview of the ROPS with the following recommended motion.

Motion was made by Agency Board Member Costa Jr. and seconded by Agency Board Member Hernandez to approve the Successor Agency Resolution No. 2023-01 which is a Resolution of the Successor Agency to the Redevelopment Agency of the City of Guadalupe approving the Recognize Obligation Payment Schedule for the July 1, 2023, through June 30, 2024 Period. 5-0 Motion passed.

19. ADJOURNMENT
Motion was made by Mayor Pro Tempore Costa Jr. and seconded by Council Member Hernandez to adjourn. 5-0 Motion passed. Meeting adjourned at 8:12 p.m.

Prepared by: Approved by:
_________________________________ ________________________________ Todd Bodem, Deputy City Clerk Ariston Julian, Mayor
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MINUTES
City of Guadalupe
Regular Meeting of the Guadalupe City Council
Tuesday, January 24, 2023, at 6:00 pm
City Hall, 918 Obispo Street, Council Chambers

1. ROLL CALL
Council Member Christina Hernandez
Council Member Gilbert Robles
Council Member Megan Lizalde
Mayor Pro Tempore Eugene Costa Jr.

Mayor Ariston Julian
The meeting was called to order at 6:00 p.m. All five (5) were present.

2. PLEDGE OF ALLEGIANCE

3. AGENDA REVIEW
Council Member Lizalde requested that Consent Item 6 E be pulled for discussion.

4. CEREMONIAL CALENDAR
Deputy City Clerk, Todd Bodem, administered the Swearing in of 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.

Ms. Zabrina Tipton, Public Information Officer from the U.S. Small Business Administration, mentioned that with Santa Barbara County being a Declared County after the storm event, the support extends to homeowners and renters along with small businesses for the Winter Storms and flooding that occurred on Dec. 27, 2022, and continuing.

Following is the Declared County guidance for Santa Barbara County, and Tipton stated some facts:

Agenda Item No. 7D
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GETTING DISASTER HELP FROM SBA

WHAT YOU NEED TO KNOW
• SBA offers federal low-interest disaster loans to businesses of all sizes, most private nonprofit organizations, homeowners, and renters.
• Businesses of any size may borrow up to $2 million to repair/replace disaster property damage. • Small businesses, small businesses engaged in aquaculture, and most private nonprofit organizations may also borrow to help meet disaster caused working capital needs. The $2 million maximum applies to the combination of property damage and working capital loans. • If over 50% of revenue is carried from agricultural, farming, and ranching business-contact your local United States Department of Agriculture (USDA) and Farm Service Agency (FSA) for available programs.
• If you are a homeowner or renter, FEMA may refer you to SBA. • Homeowners may borrow up to $200,000 to repair or replace their primary residence. • Homeowners and renters may borrow up to $40,000 to replace personal property, including vehicles.

REGISTER WITH FEMA
• Register with FEMA at www.disasterassistance.gov -or- www.disasterassistance.gov/es (Spanish). This is the fastest way to register for help. • Homeowners and renters should submit their SBA disaster loan application, even if they are not sure if they will need or want a loan. If SBA cannot approve your application, in most cases we refer the applicant to FEMA’s Other Needs Assistance (ONA) program for possible additional assist.

There is a Center in San Luis Obispo, and we encourage those affected by the storms to visit the Center due to the many resources available at the Center. There is also online assistance at www.disasterassistance.gov -or- www.disasterassistance.gov/es (Spanish). Following is the Center information:

The Mayor and City Council thanked Ms. Tipton for providing the city with this important information following the recent catastrophic storm event.

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.

January 24, 2023 City of Guadalupe Council Meeting Minutes Page 3 of 9 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).

Motion was made by Council Member Lizalde and seconded by Council Member Robles to Adopt Resolution No 2023-04 approving the 2023 update to the City’s Sanitary Sewer Plan (SSMP) but with changes to Appendix B. replace Tony Ramirez to Eugene Costa Jr. as Mayor Pro Tempore. 5- 0 Motion passed.

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

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
Motion was made by Council Member Lizalde seconded by Mayor Pro Tempore Costa Jr. to approve the remaining balance of the Consent Agenda. 5-0 Motion passed.

7. CITY ADMINISTRATOR REPORT: (Information Only)
City Administrator Bodem reminded the City Council that on Saturday, January 28, 2023, from 8:00 a.m. to 4:30 p.m. Waste Management will be assisting the City of Guadalupe in a Community Clean up. Location: Kermit McKenzie Jr. High School. The purpose is for residents to get rid of their household scrap metal, green waste, wood, and bulky waste the responsible way.

Bodem then introduced the newly appointed Finance Director, Ms. Janice Davis. Janice started today.

Janice has broad experience working as a Finance Officer/ Accountant for several firms in the Private Sector. Janice is working on obtaining her CPA. Janice said she is excited to get started.

The Mayor and City Council welcomed her as a member of the team.

Mr. Robert Perrault will continue with the city for the coming weeks to assist Janice in making the transition to the Public Sector. Janice and Bob will be sharing the same office for the time being.

January 24, 2023 City of Guadalupe Council Meeting Minutes Page 4 of 9 City Administrator Bodem stated that Tom Brandeberry was not able to attend tonight’s meeting and would like to provide a verbal update and answer questions (if any) at the February 14th City Council meeting.

8. DIRECTOR OF PUBLIC SAFETY REPORT: (Information Only) The Director of Public Safety, Michael Cash provided the following updates under his report:

Pioneer Steet Update
The EOC (Emergency Operations Center) has closed the emergency side of the operations and is now focusing on the recovery period. Volunteers are coordinating the placement and needs of displaced residents.

Police Department Staffing
The police department just lost an officer to another department. The department staffing level is now, four (4) officers for day and night coverage. I am requesting that City Council allow the department to begin recruiting officers for hire. The police recruitment process usually takes between 6 to 12 months to get to the hiring stage.

City Council approved staffing.
1 Police Chief - Staffed
1 Police Lieutenant - Staffed
2 Police Sergeants – 1 opening
10 Police Officers – 2 openings
1 Emergency Preparedness Coordinator – 1 opening
Police Department Mobile Field Force Preparations
All police departments are preparing and stagging their Mobile Force Teams for possible activation in response to the release of the Memphis Tennessee Police Department misconduct incident.

Guadalupe Safety Alert System
The Public Safety Department has been directing residents to sign up for the City Safety Alert system for notifications regarding public safety incidents.

Mary Buren Elementary School Traffic Issues
I have been working with Mary Buren Elementary School concerning the morning traffic concerns by direction of City Council. City staff, councilmembers, and community members have provided input.

Public Safety is scheduling a meeting with city, school, and community shareholders for additional input and direction.

PUBLIC HEARING

9. Central Park Conceptual Design.

January 24, 2023 City of Guadalupe Council Meeting Minutes Page 5 of 9 Shannon Sweeney, Public Works Director/City Engineer provided a written report that the City Council will 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.

Sweeney stated that 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.

PCLD representatives (Brook McDonald and Eric Berg) provided additional detailed discussion about the basic design features from the original concept and adjusted it to take advantage of the existing topography and most efficient use of utility locations.

Mayor Julian asked if the proposed lights would cast into the neighborhood? PCLD representatives stated that the lighting is designed to cast down and not cross property lines. The lighting is provided for safety but also not to encourage nighttime use of the park.

Council Member Lizalde asked if they are engineering solar into the project. PCLD said that that solar technology for park lighting is not reliable and hard wire LED lighting does not use that much energy.

Council Member Robles wondered if the existing sidewalk would remain in the same location. PCLD needs to reroute the location of the sidewalk due to onsite topography needs. Most of the crushed sidewalk will be recycled.

PCLD said the project will be publicly bid.

The Public Hearing opened at 6:58 p.m.

Citizen Albert Nunez asked whether the large conifer tree in memory of Jose Rubalcaba was staying.

PCLD responded by saying the tree is outside the scope of the project area so it will not be removed.

Some of the trees on site will be removed as they have died or near dead.

The Public Closed at 7:03 p.m.

Motion was made by Mayor Pro Tempore Costa Jr. seconded by City Council Member Robles to approve a revised Central Park conceptional design and adopt Resolution No. 2023-06. 5-0 Motion passed.

January 24, 2023 City of Guadalupe Council Meeting Minutes Page 6 of 9

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.

A written report was provided Philip F. Sinco, City Attorney explaining the need to ratify the emergency occupancy agreement (EOA) previously signed by the Mayor and the Pioneer Apartments property owner who is housing the displace families in lower Pioneer Street.

Mr. Sinco stated the facts concerning this matter are now well known to the City Council that 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. Subsequently, the residences were moved the to the Pioneer Apartments whereby a temporary EOA was executed. The City Council must now ratify the EOA confirming by Resolution 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 EOA as revised at the City Council meeting on January 17, 2023.

Motion was made by Council Member Lizalde and seconded by Council Member Hernandez to 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 the ratification of an emergency occupancy agreement as revised at the City Council meeting on January 17, 2023. 5-0 Motion passed.

11. New Electric bus paint schematic.

A written report was provided by Shannon Sweeney, Public Works Director/City Engineer who is seeking direction from the City Council on preferred paint or wrap schematics as treatment for new electric bus. Ms. Sweeney said that 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. There were three (3) schemes (A-C). A summary of the schemes and associated costs were discussed at length.

Council Member Robles asked if the double wrap is as long lasting and durable as painting? Citizen Abraham Carmona approached podium and said wrapping is the best long-term solution and is most inexpensive approach. Business Owner Mr. Stew Jenkins said that he ran a nonprofit busing operation in San Luis Obispo and said that a wrap is the preferred option and provides shading, even January 24, 2023 City of Guadalupe Council Meeting Minutes Page 7 of 9 over windows. Citizen, Mr. Albert Nunez mentioned that wrapping can allow the city to advertise community events.

After having thoroughly assessed all viewpoints, it was the consensus of the City Council to call for wrapping the bus with a hybrid blend of schematics both B&C. This gave Ms. Sweeney enough knowledge to work with the vendor to determine the desired color scheme and wrap the bus instead of painting it.

12. Caltrans Guadalupe Street ADA project update.

Ms. Shannon Sweeney, Public Works Director/City Engineer, provided a written and verbal report about the status of the Caltrans Guadalupe Street ADA project.

Business owner Lupe Alvarez stated that city staff should draft a letter and submit it to SBCAG for their consent agenda and then Mayor Julian (SBCAG Board Member) could pull the item at the Board meeting for discussion with the hope to expedite the HWY 1 and 166 project along.

Mayor Julian stated that more funds and attention need to be directed to the North County.

Pasadera resident and employee of Caltrans Abraham Carmona agreed that it does not hurt to push for leadership.

Council Member Hernandez reiterated that about four (4) years ago, Council had meetings about the 166/Hwy 1 project, I believe this was during the general plan update. “I am hesitant and concerned about the agency’s accountability.”
Ms. Sweeney stated that she will work with the Pasadera civil engineer and discuss next steps.

Updates will be forthcoming.

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.

A written report was provided by Todd Bodem, City Administrator. City Administrator Bodem opened the discussion by stating that 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. After that, the City Administrator turned over the discussion to the City Attorney to further provide background and discussion.

At this time, the mayor asked for any public comments:

January 24, 2023 City of Guadalupe Council Meeting Minutes Page 8 of 9 Local resident Garett Matsuura said that he is here representing himself and not necessarily the Guadalupe Business District (GBA) regarding the Vacant Commercial Ordinance. He is generally in favor of the ordinance.

Business owner Lupe Alverez stated that as a business owner and property tax payer, I feel the city should be light on the annual fees. We already pay enough fees for fire registration and other regulatory fees, etc.

Council Member Lizalde asked if one can reduce the initial fees. Sinco said fees don’t have to be required. One could apply for it on a prorated basis.

Business owner Stew Jenkins said that this proposed ordinance is a violation of the US Constitution on unreasonable search, and you don’t want to ‘kick the hornets’ nest’. Sinco stated that he feels this ordinance has strong legal ground based on a health & safety and as a property nuisance.

Motion was made by Mayor Pro Tempore Costa Jr. seconded by City Council Member Hernandez to Introduce by title only and waive the first reading of Ordinance No. 2023-507 adding Chapter

8.80 to the Municipal code entitled “Vacant Commercial Property Registration and Property Maintenance” relating to the required registration and maintenance of vacant commercial buildings. 5-0 Motion passed.

14. FUTURE AGENDA ITEMS
Mayor Pro-Tempore suggested the city revisit, for a future discussion, a parking plan between the school and the city hall facility.

15. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS
Council Member Lizalde asked questions regarding the SSMP update. Below are the following questions and answers from Shannon Sweeney?
Will we be fined? It is not likely that we will be fined. The Notice of Violation is intended to get our attention. Regional Board tends to fine only if they feel we are unresponsive. The city will be sending a letter by the end of the month demonstrating that we are responding to all the violations.

Will this satisfy? I believe it will. The last prohibited overflow was January 28, 2021, when it rained

1.95 inches in 24 hours. Since then, we have taken several proactive steps to reduce this occurrence.

These steps have been effective, as we just had a storm of over 3 inches in 24 hours and had no release of raw sewage.

This Notice of Violation includes spills as far back as 2008. Had we gotten any Notice of Violations on our collections system before this? I have been here for over three years, and this is the first I’ve received. I don’t know of any before then.

January 24, 2023 City of Guadalupe Council Meeting Minutes Page 9 of 9 Council Member Robles mentioned his desire for the County to open up the Guadalupe Beach. Ms.

Sweeney said this cannot happen because the access road is covered with sand and there is undisinfected water the breach the berm and has the potential for contamination. Council Member Hernandez said the beach has not yet been inspected.

16. ADJOURNMENT
Motion was made by Mayor Pro Tempore Costa Jr. and seconded by City Council Member Hernandez to adjourn. 5-0 Motion passed. Meeting adjourned at 8:10 p.m.

Prepared by: Approved by:
________________________________ ________________________________ Todd Bodem, Deputy City Clerk Ariston Julian, Mayor

Page 1 of 1 ends

Agenda Item No. 7E

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of February 14, 2023
_________________________________ ________________________ Prepared by: Approved by:

Philip F Sinco, City Attorney Todd Bodem, City Administrator SUBJECT: Second Reading of Ordinance No. 2023-507 Concerning Vacant Commercial Property Registration and Property Maintenance
RECOMMENDATION:

That the City Council adopt, on the second reading, Ordinance No. 2023-507 regarding vacant commercial property registration and property maintenance.

BACKGROUND:

The City Council introduced Ordinance No. 2023-507 at its meeting on January 24, 2023. This constitutes the second reading of the ordinances.

ATTACHMENTS:

1. Ordinance No. 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.” Philip F. Sinco
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 ATTACHMENT 1
of public 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:

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

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 semiannually 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 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.

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: EUGENE COSTA JR. / MEGAN LIZALDE
AYES: 5 Councilmembers: Costa Jr., Hernandez, Lizalde, Robles, Julian NOES: 0
ABSENT: 0
ABSTAINED: 0
PASSED AND ADOPTED at a regular meeting of the City Council held this 14th day of February 2023, by the following vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:
__________________________________ ______________________________ Todd Bodem, Deputy City Clerk Ariston Julian, Mayor
APPROVED AS IS TO FORM:
___________________________________
Philip F. Sinco, City Attorney

Page 1 of 2 ends

Agenda Item No. 7F

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of February 14, 2023
_______________________________
Prepared by:

Todd Bodem, City Administrator
SUBJECT: Agreement with Jones Mayer for legal services.

RECOMMENDATION:

That the City Council adopt Resolution No. 2023-08 approving an agreement for professional services with the law firm of Jones Mayer (related to work performed by the City’s assistant city attorney, Wendy Stockton).

BACKGROUND:

When the City of Guadalupe issued a Request for Proposals (RFP) for a City Attorney in or about May 2017, one of the requirements was to identify a “backup” attorney to cover for the City Attorney in his or her absence or unavailability. The current City Attorney, Philip Sinco, designated Wendy Stockton as his “backup” attorney in his response to the City’s RFP. Ms. Stockton was not an employee of Mr. Sinco’s, but rather, is an employee with the law firm of Jones Mayer. The former City Administrator, Cruz Ramos, did not want the City to contract directly with Jones Mayer, but instead, required Mr. Sinco to contract directly with Jones Mayer for Ms. Stockton’s legal services. Accordingly, whenever Ms. Stockton provided legal services to the City, Jones Mayer would pay her and then send an invoice to Mr. Sinco, who would pay the invoice, and then, include this payment as an expense on one of his invoices to the City. This arrangement requires the City Attorney to perform a fair amount of non-billable, administrative time, in addition to time spent issuing a 1099-NEC in January each year, all of which could be spent on other matters of importance to the City. The City Attorney recently asked the City Administrator if City would consider contracting directly with Jones Mayer.

DISCUSSION:

The City’s Municipal Code, Section 4.04.090.A. requires the City Council to approve all agreements for legal services.

Jones Mayer has agreed to the revised agreement and has no objection to directly contracting with the City. A copy of the proposed legal services agreement between the City and Jones Mayer is attached to Resolution No. 2023-08 as Exhibit A. (Attachment 1).

The agreement is essentially the same as the agreement Mr. Sinco had with Jones Mayer and the important terms remain the same. For the most part, the changes made consist of substituting the City

Page 2 of 2 ends

in place of The Law Office of Philip F. Sinco. As before, Jones Mayer will only provide legal services if requested by the City Administrator (or from the City Attorney after being authorized to request them by the City Administrator). At this time, only Ms. Stockton’s legal services are expected to be utilized, but the agreement does authorize Jones Mayer to provide services from other attorneys if requested by the City.

FISCAL IMPACT:

None.

ATTACHMENTS:

1. Resolution No. 2023-08 (including Agreement for Legal Services between the City of Guadalupe and Jones Mayer, attached as Exhibit A).

Page 1 of 2 ends

RESOLUTION NO. 2023-08

A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE

APPROVING AN AGREEMENT FOR LEGAL SERVICES WITH JONES MAYER WHEREAS, the City of Guadalupe requires that the contract City Attorney have a “back-up” attorney who can provide legal services to the City in the event the City Attorney is absent or otherwise unavailable; and
WHEREAS, Wendy Stockton, an attorney employed with the law firm of Jones Mayer, has served as the City Attorney’s “back-up” attorney since July 2017; and WHEREAS, the City Attorney (Philip F. Sinco) was initially required to contract directly with Jones Mayer for the services of Wendy Stockton, which required him to pay invoices for the services she provided to the City that he received from Jones Mayer; and
WHEREAS, after paying these invoices from Jones Mayer, Mr. Sinco would then include the payment as an expense on the next invoice he submitted to the City for his services; and WHEREAS, in addition to the non-billable time Mr. Sinco spent on paying invoices from Jones Mayer and then seeking reimbursement from the City, he was also required to prepare and mail a 1099-NEC form, the only one that he is required to prepare related to his work with the City; and WHEREAS, the City pays the same amount for Ms. Stockton’s services regardless of whether they are paid directly to Jones Mayer or as a reimbursement to Mr. Sinco; and WHEREAS, the City Attorney has requested that the City Council approve a legal service agreement with Jones Mayer directly to relieve Mr. Sinco of the non-billable administrative time spent in connection with Ms. Stockton’s legal services, which time he could otherwise devote to other matters required by the City.

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

Section 1. The Agreement for Legal Services between the City and Jones Mayer, attached hereto as Exhibit A, is hereby approved.

Section 2. The Mayor is authorized to sign the agreement on behalf of the City.

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

PASSED, APPROVED AND ADOPTED at a regular meeting on the 14th day of February 2023 by the following vote:

ATTACHMENT 1

Page 2 of 2 ends

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. 2023-08, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held February 14, 2023, and that same was approved and adopted.

EXHIBIT A

Agenda Item No. 7G

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of February 14, 2023
____________________________________ ____________________________________ Prepared by: Approved by:

Tegnear Butler, Human Resources Manager Todd Bodem, City Administrator SUBJECT: Revising the classification and job description for the Building Attendant to include previously approved duties of the Multimedia Assistant (temporary position).

RECOMMENDATION:

That the City Council adopt Resolution No. 2023-09 establishing the classification and job description for the Building Attendant/Multimedia Assistant position within the Recreation and Parks Department.

BACKGROUND:

As the City reopened its doors to the public in June 2021, following the lifting of most of the restrictions imposed as a result of the COVID-19 pandemic, inquiries for its facility rentals resumed.

The introduction of an on-call Building Attendant was established to ensure smooth operations and to limit liabilities. The Building Attendant position is an “on-call” temporary position, and there are times when there are no rentals, and therefore, no hours for the Building Attendant. In April of 2022, a staff report was presented to City Council for approval of a classification and job description that combined the building attendant position with a recreation leader position, which was approved.

City council meetings were originally broadcasted to the local government channel via Comcast Cable, however, meetings were changed to be broadcasted on YouTube in May of 2022. This requires an individual to set up, monitor, and run various programs during the meeting to ensure the broadcast runs smoothly. A public safety intern previously was handling these responsibilities, however, that individual is no longer able to be present to take care of this. The city has also experienced difficulties in backfilling this temporary role.

DISCUSSION:

Although the duties of the recreation leader were included in the building attendant position back in April 2022, the Recreation Services Manager is recommending that these duties be removed from the current classification of the Building Attendant/Recreation Leader classification. The qualifications, skill set, and experience required of a Recreation Leader does not align well with those of the Building Attendant position and were included only to provide more possible hours for a part time on-call Tegnear Butler
position. Adding the duties of the Multimedia Assistant ensures almost 3 out of the 4 Tuesdays each month hours of work for fulfilling this role which would be an approximately total of 7 to 8 hours per month.

The addition of duties of a Multimedia Assistant is recommended by staff to the Building Attendant classification. The services that would be provided by a multimedia assistant would be helpful for a building attendant since facility rentals will occasionally require use of multimedia equipment in a City building, and the building attendant could assume responsibility for the setting up of such equipment and its maintenance. In light of the need for multimedia assistance for the broadcasts of City Council and Recreation and Parks Commission meetings, staff is proposing that the Building Attendant/Recreational Leader classification be reclassified as a Building Attendant/Multimedia Assistant classification, and the job description be revised accordingly.

The Multimedia Assistant’s duties, under the direction of the Recreation Services Manager, would include assisting with creating and managing digital assets, including websites, photos, videos, graphics, and other digital collateral; performing specialized work, coordinate, implement and manage a variety of special communications projects and programs within the City and across departments to ensure a cohesive communication program for internal and external audiences.

Under direction of the Recreation Services Manager, the new Building Attendant/Multimedia Assistant position would be an entry-level classification responsible for providing operational assistance and support to an assigned attendant or multimedia assistant task. The Building Attendant is provided a Standard of Operations (SOP) to serve as a checklist to ensure onsite support throughout the facility use period, interacting and communicating with renters and the general public, setting up and taking down tables and chairs, adjusting room layouts upon request, providing assistance with audio-visual needs, lighting, climate control, ensuring proper facility usage and adherence to City policies and procedures, and providing some custodial and cleaning support.

FISCAL IMPACT:

Funding for the Building Attendant/Multimedia Assistant for special events would be paid directly from the facility rental fees. Events generate revenue for the city and labor costs would be taken directly from those booked events. Further, the Multimedia Assistant duties would be paid at a lower hourly rate from their predecessor. That rate was $18.45 per hour versus a Step A hourly rate of $17.20 per hour.

Estimated annual costs to the city conducting Multimedia Assistant duties is approximately $1500/yr.

ATTACHMENTS:

1. Building Attendant / Multimedia Assistant Job Description

2. Resolution No. 2023-09
1 1/31/2022
Revised 2/1/2023
DEFINITION:

Under the direction of the Recreation Services Manager, this position is responsible for providing operational assistance to an assigned program area. The Building Attendant / Multimedia Assistant helps the Recreation Department in overseeing recreation and rental facilities during regular hours of operation and outside regular business hours during rentals and special events. Also assists in broadcasting City Council and Recreation & Parks Commission Meetings. Duties and position assignments may vary depending on the business need of the department and organization.

ESSENTIAL FUNCTIONS:

Building Attendant:
• General cleaning and light custodial functions in the upkeep of assigned areas in City facility during a rental or special event.
• Cleans restrooms, refills soap and paper dispenser; empties and cleans waste containers, as needed.
• Locks and unlocks doors to ensure security of buildings and related areas; activates/deactivates alarms.
• Inspects and monitors safe use of City facilities, equipment and supplies; checks for and reports fire and safety hazards and graffiti.
• For City-sponsored events, sets up tables, chairs and other equipment for meetings and special events.
• During rentals and special events, conducts walk-throughs every hour to ensure order is maintained.
• Informs the Facility Rental Coordinator of any recommendations for improvements to the City facility, rooms, equipment, and supplies.

Multimedia Assistant:
• Responsible for ensuring a cohesive communications program of broadcasting for internal and external audiences (i.e. City Council Meetings, and Recreation & Parks Commission meetings). • Performs specialized work with coordinating, implementing, and managing a variety of special communication projects and programs within the city.
• Assists creating and managing digital assets. This includes websites, photos, video, graphics, and other digital collateral.

CITY OF GUADALUPE
BUILDING ATTENDANT / Multimedia Assistant
SEIU Salary Range 140
ATTACHMENT 1
2 Building Attendant / Multimedia Assistant
Job Description
Revised 2/1/2023

Page 2 of 3 ends

KNOWLEDGE & SKILLS:

Scope of assigned area will depend on departmental structure and is at the discretion of the Recreation Services Manager.

Building Attendant:
• Good understanding of special event functions
• Exposure to a customer service environment
• Excellent verbal and customer service skills
• Bi-lingual, Spanish, verbal fluency, required
• Familiarity with City policies regarding smoking and use of alcohol onsite Multimedia Assistant
• Familiarity with computers and other modern technology. • Excellent verbal and customer service skills
• Ability to work in a team environment and independently, as required EDUCATION & EXPERIENCE:
• High School Diploma, GED or equivalent
• Possession of a valid CA Driver’s License, Class C, with a satisfactory (clean) driving record, required.
• Experience dealing with the public in a sporting or special events environment. • For Building Attendant: Alcohol Beverage Control training certification (required).

PHYSICAL REQUIREMENTS:

The physical requirements described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform he essential functions.

Building Attendant: Stand and/or walk for long periods of time; perform repeated bending and stooping, ability to frequently lift and/or move up to 25 lbs. and occasionally lift and/or move up to 75 lbs.; and work with cleaning solutions.
3 Building Attendant / Multimedia Assistant
Job Description
Revised 2/1/2023

Page 3 of 3 ends

Multimedia Assistant: Sit, stand, and/or walk for long periods of time; perform repeated bending and stooping, ability to frequently lift and/or move up to 25 lbs. and occasionally lift and/or move up to 75 lbs.; and work with cleaning solutions.

WORK ENVIRONMENT:

Incumbents work in both indoor and outdoor environments with moderate to loud noise levels. May work in controlled temperature conditions, cold and hot temperatures, or inclement weather conditions.

Incumbents will interact with individuals in interpreting and enforcing rules, policies, and procedures. _____________________________________________________________________________________ SALARY RANGE & BENEFITS:
• BUILDING ATTENDANT / Multimedia Assistant
HOURLY SALARY: $17.197 Per Hour; Scheduled Part-time 18 Hours Per Week or Less BENEFITS: Sick Leave Accrual Only. Not Eligible for City-provided benefits ________________________________________________________________________________________________________ The City of Guadalupe provides equal employment opportunities to all employees and applicants for employment and prohibits discrimination and harassment of any type without regard to race, color, religion, age, sex, national origin, disability status, genetics, protected veteran status, sexual orientation, gender identity or expression, or any other characteristic protected by federal, state, or local laws. This policy applies to all terms and conditions of employment, including recruiting, hiring, placement, promotion, termination, layoff, recall, transfer, leaves of absence, compensation, and training.

RESOLUTION NO. 2023-09

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE APPROVING THE

RECLASSIFICATION AND REVISED JOB DESCRIPTION FOR THE BUILDING ATTENDANT / MULTIMEDIA

ASSISTANT POSITION IN THE RECREATION & PARKS DEPARTMENT WHEREAS, the number of inquiries for rental of the city’s facilities has increased, in turn creating more need of a Building Attendant position; and
WHEREAS, the Recreation & Parks Department has an increased need for a Building Attendant on-call for future booked events in the city’s facilities; and
WHEREAS, the city has need of the duties of a Multimedia Assistant for City Council and Recreation and Parks Commission meetings and as otherwise needed for city functions; and WHEREAS, the current classification of the Building Attendant/Recreational Leader classification includes duties of a recreational leader, which does not align well with the building attendant’s duties; and
WHEREAS, the duties of a Multimedia Assistant are similar to and related to the duties of a Building Attendant; and
WHEREAS, staff has recommended adding Multimedia Assistant duties to the Building Attendant position, and to reclassify the Building Attendant/Recreational Leader position as the Building Attendant/Multimedia Assistant position; and
WHEREAS, SEIU Salary Range 140 has been established for the new Building Attendant / Multimedia Assistant position; and
WHEREAS, upon adoption, this reclassified position will allow for the continuing attention and focus for the Recreation & Parks Department to service future events in an efficient, effective and timely manner.

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

SECTION 1: The City Council approves the new job description for the regular, part-time Building Attendant / Multimedia Assistant position.

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

ATTACHMENT 2
PASSED, APPROVED AND ADOPTED at the regular meeting on the 14th day of February 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. 2023-09, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held February 14, 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

PLANNING DEPARTMENT
City of Guadalupe
918 Obispo Street
P.O. Box 908
Guadalupe, CA 93434
Tel (805) 356-3903
To: Mr. Mayor and City Councilmembers
From: Larry Appel, Contract Planning Director
Date: February 3, 2023 Planning Report Covering January 2023

MINISTERIAL PROJECTS
Zoning Clearances Approved 6
Zoning Clearances Denied 0
Zoning Verification Letters 0
Business Licenses Approved 1
Business Licenses Denied 0
ADUs approved 8
AUP for short-term rental 0

DISCRETIONARY PROJECTS
Please refer to the next page for specific projects and their current status.

If you have any questions regarding any projects listed in this report, please contact me at [email protected] or call (805) 598-8385.

Agenda Item No. 7H 1.

Ministerial Permit Report– January 2023
(Reported 2-3-2023)
Zoning Clearance Approvals
2022-087-ZC Hernandez rear paving 4473 Hacienda
2022-095-ZC Wall Sign for Boys and Girls Club 4689 11th Street 2023-002-ZC Delgado front paving 5173 Surfbird
2023-005-ZC Sanchez rear garage 1142 Guadalupe
2023-007-ZC Navarro Coved Patio 5000 Sandpiper Lane
2023-010-ZC Cable concrete/storm damage 873 Pioneer
ADU Approvals2022-081-ZC Tovar ADU 4490 Birch Street
2022-090-ZC Cervantes ADU 4705 Third Street
2022-091-ZC Peryea ADU 4448 Holly Street
2022-092-ZC Crandall ADUs 4573 12th Street
2022-096-ZC Perez ADU 410 Pioneer Street
2022-097-ZC Cervantes ADU 844 Pacheco Street
2022-098-ZC Saldivar ADU 4484 Fir Street
2023-003-ZC Alvarez-La Guardia 4231-4241 LaGuardia
ADUs
Business License Approvals
Impulso Nutricional Nutrition club 830 Guadalupe
Business License Denials
None
Guadalupe City Planning Department
Planning Processing Summary for January 2023
(2-3-23 update)
Case No. Name Submittal
Date
Comp. Date Status OK for Bldg.

Permit Issuance
2022-088-LM -
Voluntary Lot
Merger
Trudy Brands December 5,
2022
Under Review. NO
2022-093-LS -
Residential Lot
Split
Lupe Alvarez December 19,
2022
Under state SB9 Code provisions at 246
Egret Lane. Under review
NO
Ordinance 2023- xx Consistency Rezone January 2023 N/A Staff working to rezone all properties in the City where the General Plan has changed.

NO
2022-063-LM Mahoney Lot Merger August 11,
2022
INC 9-11-22 Incomplete Application Letter sent on
September 11, 2022.

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

COMP. Changed from an LLA to Lot Merger per
Govt. Code and approved by City Engineer
December 2023.

NO
2022-016-GPZ
2022-017-DR
2022-018-VTTM
Snowy Plover 3-10-22 Incomplete 4-
09-22
Letter sent to owner indicating that project
could be closed out due to inactivity. No
Further Activity.

NO
Ordinance 2022-
056
ADU Update September
2022
N/A Approved on second reading Jan 24, 2023.

Transmitted to OPR for review.
2022-048-CUP Element 7 Retail
cannabis dispensary
INC 9-17-22 January resubmittal by applicant. Review by staff and cannabis consultant.

NO
No$ = unreimbursed planning work
$ = projects where a fixed fee has been paid
$$ = projects where a variable fee / deposit is made and the applicant is billed for time beyond the initial deposit // 2-3-23
Agenda Item No. 7H 2.

1 Public Works/Engineering Report
January 2023
Development
151 Obispo
City staff continues to work with 151 Obispo business owners to discuss plans for meeting the City requirement that the substandard sewer line be addressed. After discussion, the business owners will be moving forward with downsizing their water meters to minimize the potential for overflowing the City’s sewer main. In addition, the business owners have expressed interest in moving forward with the sidewalk installation.

Other
On January 31, staff reviewed one encroachment permit application.

In January, Line Works, a subcontractor to Frontier Communications, installed conduit for high-speed Internet fiber in the neighborhood west of Pioneer Street. Most of the work was substandard and needs to be redone. City staff is spending considerable amount of time coordinating this work and attempting to ensure that the project does not long-term negative ramifications on City infrastructure.

In January, staff determined a potential water main improvement that may benefit both the developer of La Guardia Townhomes and the City. City staff is working with developer on ways to proceed.

General
Clean California
The City received its first reimbursement check from the $70,000 Clean California grant in the amount of $8,613.61 on January 5, 2023.

Integrated Regional Water Management Program
On January 12, staff submitted a quarterly report and reimbursement request of $67,052.50.00 for the $302,821 grant associated with the wastewater treatment plant effluent pump station replacement project.

Agenda Item No. 7H 3.
2 Special projects
Public Works staff worked on several special projects requested by others along with normal tasks of emptying streets trash cans twice a week, daily street inspection, bulky trash pickup, and weekly cleaning of the pedestrian bridge in the month of January including:
• January 2: Holiday.
• January 3: Full Depth Reclamation (FTR) planning field meeting with Souza construction for 2022 pavement rehabilitation project.
• January 4: Assist recreation and parks in addressing flooding at Royal theater and nonfunctioning water heater at Leroy Park Community Center. Verify functionality of City storm drain system, especially storm channel running alongside South edge of West Main Street in front of Kermit McKenzie Junior High School.
• January 5: Meeting with PG&E regarding trees along W. Main St. • January 9: Storm response
• January 10: Storm cleanup. Assist Public Safety with evacuation and sheltering.
• January 11: Coordinate contractor cleanup of Pioneer Street and evaluate berm repair options at wastewater treatment plant
• January 12: Confined space safety training
• January 13: Public Works intern candidate interview
• January 16: Holiday
• January 23: streets staff assisted with wastewater staff in repairing the effluent irrigation spray field.
• January 24: streets staff assisted with wastewater staff in repairing the effluent irrigation spray field.
• January 25: streets staff assisted with wastewater staff in repairing the effluent irrigation spray field.
• January 26: streets staff assisted with wastewater staff in repairing the effluent irrigation spray field.
• January 27: streets staff assisted Recreation and Parks staff. • January 30: streets staff assisted with wastewater staff in repairing the effluent irrigation spray field.
• January 31: streets staff assisted with water staff in repairing the effluent irrigation spray field. Inspect curb and gutter associated with the new 12th Street apartments.

The Public Works Director participated in the following meetings in January:
• January 2: Holiday
• January 3: 2022 pavement rehabilitation project field meeting. 3 • January 4: effluent pump station field meeting.
• January 5: transportation technical advisory committee meeting. Central Park rehabilitation project monthly progress meeting.
• January 10: conversations with numerous agencies regarding wastewater treatment plant holding ponds berm breach. Agencies included Regional Water Quality Control Board, State Office of Emergency Services, County Office of Emergency Services, County Environmental Health, and California Fish and Wildlife Services. Most of this day was spent documenting the situation, including cause and estimated release of treated but undisinfected wastewater effluent into the Santa Maria River.
• January 11: 2022 pavement rehabilitation project field meeting. Effluent pump station field meeting. Clean Water Summit Partners webinar on sanitary sewer systems waste discharge requirements order.
• January 12: CCWA Operating Committee Meeting. City staff EOC meeting.

Wastewater Master plan kickoff meeting.
• January 13: Public Works intern interview. Central Park rehabilitation project progress check in meeting. City staff EOC flooding response meeting. • January 16: holiday.
• January 17: mandatory pre-bid meeting for Highway one lift Station replacement project.
• January 18: 2022 pavement rehabilitation project field meeting. Effluent pump station field meeting.
• January 19: meeting with wastewater consultant and Regional Water Quality Control Board to discuss new monitoring and reporting program requirements.

Consultant toured the wastewater treatment plant to gather data for wastewater Master plan.
• January 20: meeting with Waste Management staff to coordinate the City cleanup event scheduled for January 28. Met with electrician and PG&E to discuss switchgear requirements for new electrical service for Police Department.

Leadership team meeting to discuss the draft resiliency plan. • January 24: General plan housing element workshop.
• January 25: SBCAMM meeting. 2022 pavement rehabilitation project field meeting. Effluent pump station field meeting.
• January 26: CCWA board meeting. Sewer collection system staff training. • January 27: engineering technician interview. Waste water treatment plant berm breach status update with Regional Quality Control Board. • January 30: engineering technician interview. Meeting with Taylor Farms staff to discuss wastewater treatment and disposal.

Parks
4 Central Park
On January 24, the design consultant for the Central Park rehabilitation project, Pacific Coast Land Design, presented their revised conceptual design to City Council. This design was unanimously approved. Next steps on for consultant to develop plans and specifications for construction purposes. 50% plans are scheduled to be submitted to the City for review February 22. Progress meetings for this project was held on January 5 and January 13.

Leroy Park Phase II
City staff submitted the grant application for the $1.7 million earmarked for Leroy Park phase 2, which is the addition of the multipurpose building to the community center at Leroy Park
Streets
2022 Pavement Rehabilitation Project
Construction on this project began on December 5. Concrete work was scheduled to be completed during the month of December, with pavement rehabilitation scheduled for the month of January. However, significant rain events the last week of December have greatly impacted the schedule. The consultant has requested and staff have approved numerous rain days, which will extend this project well into February. This project has required significant staff attention due to several curb ramp redesigns, unanticipated underground conditions, rescheduling due to rain, the holidays, supply chain issues (the asphalt plant shut down because of equipment failure on a critical business day), and trying to accommodate the installation of conduit and fiber optics for high-speed Internet in the same location so that brand-new asphalt will not need to be torn up just after installation. To add to the challenge, the subcontractor to Frontier Communications performed subpar work, much of which needs to be redone to meet City standards or even their own plans.

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

Water
AMI
City staff began replacing manual read water meters with touch read meters in January as the first phase of converting its water meter reading system to Advanced Metering Infrastructure (AMI). 503 meters need to be replaced. Staff replaced 96 of these meters in January.
5 State Water
On January 27, CCWA project participants were informed that the State Water allocation for 2023 has increased from 5% to 30%. In response, City staff began delivering 350 gpm through the State Water turnout. This is a higher flow then is anticipated for the remainder of the year if the allocation is not increased, as the City has over 50 acre-feet of water in San Luis Reservoir that we will lose if San Luis Reservoir fills to capacity. Early indications suggest that it might fill as early as mid-March.

Groundwater
Recent rains have been good to our ground water table, which rose 14 feet from October 2022 to January 2023. These rains have also been good to our developed water supply behind Twitchell Dam, which is currently sitting 70,000 acre-feet, which is 36% capacity.

This water is released after the rainy season to augment groundwater supply.

Wastewater
Regulatory
No sewer system overflows occurred in January 2023.

On January 10, the Santa Maria River breached the berm separating it from the wastewater treatment plant effluent holding ponds. These ponds were holding more water at the time of the breach than normal because the effluent pump station that normally moves that water to the irrigation field was under construction. This water is treated but undisinfected, so it can be used for irrigation, but is not permitted to enter the Santa Maria River. As of the end of January, the ponds continue to leak intermittently into the Santa Maria River bed. Once the effluent pump station construction project is complete, City staff will begin to draw down the pond level and discontinue the discharge into the river bed.

On January 1, City staff implemented the revised Monitoring and Reporting Program issued by the Regional Water Quality Control Board (Board) on December 16.

In addition, the City was issued a Notice of Violation of its sewer collection system on December 19 for having sewer overflows between April 15, 2008 and January 28, 2021, for not having a fats, oils, and grease control program, for not updating its sanitary sewer management plan, for not auditing its sanitary sewer management plan, and for not having records of training. This Notice of Violation followed an inspection held on September 26, 2022. Staff responded to this Notice of Violation before the deadline of January 31, 2023. The response included an update to the City’s Sanitary Sewer Management Plan, staff training, and an explanation of the actions City staff is taken to reduce the potential for sanitary sewer overflows.

City staff and its consultant, MKN, held a kickoff meeting on January 12 for the update of the wastewater master plan, along with some technical memos on plant capacity, flow meter location, and effluent sample point validation requested by the Regional Water 6 Quality Control Board. City staff, the consultant, and board staff met on January 19 to review expectations and discuss schedule.

Aerators
In December, City staff purchased two replacement aerators for the wastewater treatment plant process. These aerators were scheduled for delivery in January. At the end of January, City staff was informed that these aerators were on backorder until at least the end of February. Because these aerators are such a critical element of our treatment process, staff contacted Nipomo Community Services District who has two spare aerators. They have agreed to let us borrow the aerators until ours arrive. These loaner aerators are scheduled to be available in the beginning of February.

Effluent Pump Station Rehabilitation
This project was originally scheduled to be completed January 11. However because of the rains, project completion was delayed until the beginning of February. Despite the fact that the river flooded the construction site during the flood on January 9/10, the bulk of this construction project was completed in January. Final completion is currently scheduled for February 10.

Highway 1 Lift Station Replacement Project
This project was advertised for construction January 6. Bid opening is scheduled for February 7. A mandatory pre-bid meeting was held on January 17. Current engineer’s estimate for this project is $1,150,000.00. Questions from potential bidders have resulted in the need for three addendums to the bid documents.
7 Project
# Account # 2022-23 TOTAL
2022-23 Spent/
Encumbered January 2023 Update
100 Buildings089-104 89-4444-3044 155,127 $ 9,358 $ Transition begun089-105 89-4444-3045 40,840 $ 089-106 89-4444-3077 90,000 $ 089-107 89-4444-3076 70,000 $ 089-108 89-4444-3075 170,000 $ 26,527 $ PG&E design underway 089-109 New Royal Theatre 5,459,320 $
089-110 New Library Relocation 30,000 $
089-111 New City Hall Restroom Redesign - $ canceled $154,000 funds transferred to 089-112 089-112 New 554,000 $ 79,665 $ city hall structural assessment+painting bid 200 Parks
089-201 New 4,882,054 $ 611,887 $ Conceptual design approved in January. 089-204 New CDBG (Leroy Phase 2) 1,700,000 $ Grant application for $1.7 M submitted January 31 300 Streets, Sidewalks, Bicycle Facilities
089-307 89-4444-3067 200,000 $ 089-308 89-4444-3068 1,700,000 $ 1,471,237 $ Under construction 089-309 89-4444-3097 100,000 $ 100,000 $ Under construction 089-310 New 293,809 $ Developer to address. Drawings submitted and approved 089-311 89-4444-3092 60,000 $ 400 Water
089-406 89-4444-3093 95,000 $ 8,000 $ Agreement to be signed February 14089-407 89-4444-3094 200,000 $ 87,016 $ Meters purchased for conversion 96 of 503 installed 089-408 89-4444-3095 50,000 $ 089-409 89-4444-3096 450,000 $ 379,255 $ Completed 8/9/22 089-410 New 40,000 $ 500 Wastewater
089-503 89-4444-3083 522,821 $ 516,180 $ Construction scheduled for completion February 2023 089-504 89-4444-3084 1,200,000 $ Out to bid for construction. Bid due date February 7089-510 89-4444-3090 90,000 $ 600 Transit 089-603 New 1,700,000 $ 1,138,772 $ $1,049,977.50 bus P.O. $88,794.38 charger P.O. 089-602 New 494,000 $
Transfer to CIP fund 089: 20,346,971 $ 4,427,897 $
Completed/Cancelled
General Plan UpdatePublic Facilities Master Plan (w/ parks & library)American Legion wood repairBuilding improvements (PD Electrical, misc)City Hall Upgrades (roof & assoc. building repairs)CDBG (Central Park)11th st multimodal path designStreet Rehabilitation FY 22/23Sidewalk repairsLa Guardia SidewalkElevated Tank Repairs/Evaluate Antenna RevenueAdvanced Metering Infrastructure Phase 1SCADA ImprovementsWest Main WaterlineBonita Tank DemolitionEffluent Irrigation Pump Station RehabilitationHwy 1 Lift StationAIPS vaultEV Bus and chargingAmtrak Train Station Rehab (design)

PROJECT DESCRIPTIONS
Financial Accounting Software
City of Guadalupe
Capital Improvement Projects Budget - Fiscal Year 22-23 Storm Drain Improvements
CITY ADMINISTRATOR’S REPORT
February 14, 2023
(Information below may be subject to change)

1. Former Al Union Property
Barbara Ziebold and Joy Otsuki are the attorneys who will be assisting the City with the Successor Agency (SA) matters, including the Former Al’s Union Property. The City Attorney, and City Administrator virtually met them to discuss guides published by the California Department of Housing and Community Development (HCD) regarding compliance with the Surplus Lands Act (SLA).

We are discussing details to see if the city has any exemptions on developing housing on site per SLA. The Guadalupe SA may need to comply with the SLA when disposing of the Al’s Union property.…more to come.

2. Recreation, Parks, Facilities Update
Here is a brief update of somethings that are coming up for parks and the auditorium.

Auditorium
Awaiting approval of warrants to proceed with a deep clean and rebuffing of the auditorium floor. This will most likely occur in the month of March.

LeRoy Park
• Boys and Girls Club: Holding a ribbon cutting ceremony for the opening of the Ron Estabillo Clubhouse on February 24th from 5:30pm – 7:30pm. • Due to the flooding that occurred on Monday, January 9th, the city hired an independent contractor to complete repairs to all flood related damages in the city.

This included LeRoy Park as the parking lot and playground were flooded and filled with sand. There was also damage to the fence line that necessitated repairs. All repairs have been completed and LeRoy is now fully functional.

Jack O’Connell Park
• Some trees at Jack O’Connell Park were planted by volunteers who continue to maintain those trees. Last month volunteers went to the park to trim trees. All trimmings were picked up by Parks staff.
• A small leak in the bubbler irrigation system at Jack O’Connell was identified by Parks staff, but was quickly fixed.

Agenda Item No. 8

3. RERC Guadalupe Steering Committee and Partners
Megan McConville, Senior Planner of RERC (a planning consulting company helping the city seeks Grant Opportunities) met with a committee on Monday, February 6 to talk about plans for the RERC workshop, and learn more about the hopes and dreams for this community.

Here are the next steps identified.

Steering Committee:
• Self-convene to complete self-assessment and provide results to facilitators before Call 2
• Upload any relevant data, plans, and documents to shared documents folder before Call 2
• Upload community photos (of local recreational assets, downtown, people), along with credits, to the shared folder
• Finalize workshop venue, food, and translation needs before Call 2. The group has reserved the Boys and Girls Club. Alejandra Mahoney will follow up with Lauryn about potential local translators/interpreters.
• Begin list of workshop invitees before Call 2
• Brainstorm ideas about what to feature as part of the community tour • Put ‘save the date’ notices out.

Planning Assistance Team:
• Draft workshop goals before Call 2
• Draft workshop agenda before Call 2
• Circulate notes from Call 1
RERC looks forward to seeing everyone again and hearing about our self-assessment on the next call on March 2.

4. Japanese American Citizen League (JACL)
The city will provide the space for the Japanese American Citizens League (JACL) event, either at the Senior Center, Veterans Building, auditorium or even working with the Guadalupe Social Club.

Tentatively, on April 29th, JACL want to have an author discuss the Japanese community, especially the farmers, in the Santa Maria Valley. Then lunch and a tour of the Royal Theatre.

In the past LADG indicated they did not have the capacity to support this event (lunch). The tentative timeline for the event:
8:30am: Japanese American Citizen League (JACL) will leave Thousands Oak (20). 11:00 Group with arrive via rented coach at the Guadalupe Senior Center. 11:30am: Author (name?) to do a presentation on Japanese history in Guadalupe and surrounding area.
12:30pm: Lunch
12:30 pm: Royal Theatre Project team will do a presentation on the Royal, status of renovations, and answer questions.
1:30pm: Walk to Royal Theatre for a tour.

Open: once JACL is finished with the Royal tour, the group will walk back to the Guadalupe Senior Center for travel back to Ventura County.

Once all the details are determined, please anticipate a flyer going out.

5. Housing Element (HE) Cycle 6 Workshop.

According to Dr. Cornelius Nuworsoo, HE consultant from CalPoly, we are supposed to have a draft HE that has been reviewed by the public and has a Council Resolution sent to HCD for their review and comment. Then after receiving their comments, we either make the changes and amend the Resolution to address the changes, or we disagree with their requests and provide the findings within the revised Reso of why we aren't going to modify the HE, or some combination of the two.

Contract Planning Director, Larry Appel needs to gather several excel reports for the professor that will identify anything having to do with permits for new homes or modifications, and then anything he can find on affordability. Larry recently got a list of all the homes in Guadalupe that are receiving Section 8 housing (over 100), plus our PSHH and HACSB developments. He's hoping to be able to get a draft to me in a couple months. June 2023 is the deadline.

6. Facility Fees
Recreation and Parks Manager Hannah Sanchez is setting up a workshop where they will present current prices, comparisons of what other cities charge, and what the department recommends being able to maintain our facilities and parks. We will be looking to the council to make final decisions on prices given the information that we present. We are hoping to have this together in time for the first meeting in March.

7. Tom Brandeberry Services (LADG) and Royal Theater.

Effective March 1, Tom Brandeberry will no longer be working for LADG. It is still vital that we procure Tom's assistance with Royal Theater project as there are two grants totally $10M for the renovation and buildout of a new addition. The City Administrator and City Attorney are of the opinion that he has much to offer us on this project and that it may be difficult to find someone with his experience and knowledge that could provide this assistance.

A revised agreement with Tom and City will be put on the agenda for council consideration soon.

8. Guadalupe Area Campgrounds/EPA Technical Assistance Grant There are conceptual campground plans to show what could potentially be accommodated with initial background research on constraints such as flooding, agriculture, biology, utilities etc. There is limited funding for an initial general high level economic analysis. So, the following general steps would be required:

1. Seek initial seed funding to supplement available County funds to complete required CEQA review and any technical studies (e.g., flooding, biology, utilities) for these initial three campgrounds + more refined economics.

2. Work with private property owners to come to work together in some formal agreement or partnership to advance campgrounds adjacent to Guadalupe and to resolve sand processing and mining operations in Rancho Guadalupe Dunes

3. For campgrounds selected to pursue for potential construction, seek funding for preliminary engineering design plans and supporting infrastructure studies/ plans.

4. City-County discussions of campground ownership and operation for those sites adjacent to the City. Options include:
a. Discussions with property owners regarding sale of properties or perhaps owner development of campgrounds
b. Potential for City annexation of campgrounds (and sports park) adjacent to City
c. Potential County ownership and/ or operation of campgrounds or involving a 3rd party private campground operator.
d. other options

5. Completion and certification of the Recreation Master Plan Program EIR to streamline future campground permitting, by either City or County.

6. Coordination with funding agencies for planning, design, and permit funding, as well as eventual construction funding.

There is a lot to discuss, and existing budget is adequate for only very general planning. This is a pretty unusual program with City-County coordination, but it's also complex.

These are just some initial thoughts and others may have new or better ideas. The City is looking forward to discussing more……

9. Pasadera Community Road Show
The Public Safety Director, Human Resources Manager and City Administrator met with some folks in the Pasadera neighborhood on February 4th to provide them with the city council Fiscal Year 22-23 goals, city projects and Public Safety updates. Each of the staff present was available for Q&A. We plan to take this show other areas of the city.

10. Team Building
The managers are planning a team building exercise mid-March….more to come.

11. RFP IT Services
A subcommittee of the Guadalupe Team is meeting to develop an RFP for IT services. Staff feels current cost of ITECH Solutions needs to be evaluated.

We currently are asking ITECH:

We need to get a breakdown of their services on a monthly/yearly basis. - what's covered under the monthly service agreement
- what is billed outside of the monthly agreement
- Number of licenses (List products and service type) provided/managed by them - Any Hardware rental/maintenance fees
- The number of users and workstations (Email accounts, PC, Remote access products, Etc.)

12. Broadband
On February 10th at 3:30 p.m., a hybrid zoom/in person meeting will be provided by EconAlliance to discuss broadband. On EconAlliance’s side, in person it would be the TeleworX CEO, John Hartin, Cary Gray as EconAlliance Project Technical Lead for the EDA Fiber Ring grant, and Vicki Conner(Program Analyst for the Grant) They will need 40 of the minutes be about the EDA grant and then 20 about synergies between our Affordable Connectivity Outreach and what Garret is doing.

13. Mid-Year Budget
It is time to prepare the Mid- Year review of organizational Goals and Budget. Interim Finance Director Robert Perrault sent the Department Heads a listing of the Goals adopted by the Council and your Department expenditures through December 31st or the mid-point in the fiscal year. These documents should be helpful to you in completing the process. Under Bob’s advisement, the DHs are to review and complete the following steps:
• Review the adopted goals for FY 2022-23. Identify those goals that pertain to our department and identify your Department’s goals and discuss the progress that you have made in meeting the goals as well as identify any issues with meeting goals before the end of the Fiscal Year. • Compare to date expenditures with full budget figures and identify any lineitem deviations greater than 5% and discuss reasons for deviation. • Identify any program or budget changes you would like to make at the midpoint in the fiscal year and justify.

Page 1 of 4 ends

Agenda Item No. 10

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of February 14, 2023

_______________________________ _________________________________ Prepared by: Approved by:

Bill Scott, Contract City Planner Todd Bodem, City Administrator SUBJECT: New wall-mounted sign for the Vietnam Veterans of America, Chapter 982 at the Veterans Memorial Building, 1005-1025 Guadalupe Street.

EXECUTIVE SUMMARY:

Mr. Deek Segovia, representing Chapter 982 of the Vietnam Veterans of America, requested that a a new wall sign be installed on the City-owned Veterans Memorial Building at 1005-1025 Guadalupe Street.

The sign approval is subject to a zoning clearance (sign permit) issuance by the Planning Department. A sign permit is a ministerial (administrative) action as specified by Municipal Code Chapter 18.51 (Sign Ordinance). Therefore, City Council review is not required for the sign permit. However, Mr. Segovia has expressed the desire to present the sign proposal to the City Council for the Council’s conceptual review prior to Planning Department action on the sign permit. As a ministerial action, the sign permit request is not a project under the California Environmental Quality Act (CEQA).

RECOMMENDATION:

It is recommended that the City Council:
1) Receive a presentation from staff;
2) Adopt Resolution No. 2023-10 endorsing the proposed wall-mounted sign.

BACKGROUND:

Mr. Deek Segovia is a combat veteran who served in Vietnam as a squad leader for the United States Army in the 101st Airborne, Air Mobile Unit from November 1970 to November 1971. He is representing the local chapter of the Vietnam Veterans of America. The chapter was started in 2006-07 and their roster currently contains about 170 members. The group is seeking the City Council’s endorsement of a new wall sign, prior to the full review of the sign permit application by the Planning Department. Zoning Clearance 2023-009-ZC was recently submitted to the Planning Department for the sign by Mr. Segovia.

The zoning clearance is under an initial review by staff. The sign would be placed above an existing wall sign on the east side of the building (Attachment 3 - Photo simulation).

The Vietnam Veterans post is one of three occupants having regulated signs on the property. Other occupants include the American Legion veterans association (Post No. 371) and the Rancho de Guadalupe Historical Society. As noted, each occupant currently has regulated signs on the property. If Bill Scott

Page 2 of 4 ends

the new sign is approved, the property would contain a total of eight signs between the three occupants.

City fire station facilities are in the southwestern portion of the building and have no signs. Furthermore, the City facilities function independently and are not subject to this review.

Sign Ordinance
The updated sign ordinance (Municipal Code Chapter 18.51) was recently adopted by the City Council in August 2022 (Ord. No. 2022-500). To a large extent, the Guadalupe sign ordinance was modeled after the City of Santa Maria’s sign ordinance but tailored for the City of Guadalupe. Among the many objectives of the ordinance is promoting the Community Design objectives of the General Plan; to ensure that signs do not proliferate in a manner that may result in “visual clutter” in the City; and to make certain that signs are placed in locations that do not create safety hazards. While the ordinance ensures free speech protections are provided for the messages contained in signs, the ordinance regulates the physical size, materials, placement, number, design compatibility; and visual intensity of the signs through the sign permitting process.

The Sign Ordinance recognizes there is a wide variety of “sign types.” Furthermore, the ordinance makes a clear distinction between a “sign structure,” which is the supporting construction, board, panel, or fabric on which the message is applied; and the “sign message,” which is specifically the area of the wording, logo and/or design placed upon or attached to the sign structure. Thus, the ordinance establishes separate specifications for the sign structure and the message area of a sign.

Additionally, the sign ordinance promotes consistency. Municipal Code section 18.51.030(D) establishes that signs proposed by a noncommercial or nonprofit organization, such as the Vietnam Veterans chapter, are subject to the same standards as are specified for any commercial or business entity.

Additionally, Municipal Code Section 18.31.040(5) specifies when a new sign is proposed on a property with multiple signs, the sum total area of all of the signs on the property must be evaluated.

Project Description
As noted, the new wall sign proposed by Vietnam Veterans Chapter 982 (VVA) does not require City Council approval. Yet, in this case, the applicant expressed the desire to present the sign for the City Council’s endorsement prior to final Planning Department action on the formal zoning clearance application.

The new wall sign would be placed just above an existing wall sign to face Guadalupe Street on the southeast side of the building. Some minor repositioning of the existing wall sign may be needed to ensure both signs are properly spaced on the wall (Attachment 3). The new wall sign panel is 2-feet by 3-feet in size. The material of the sign panel has not yet been identified. The message area itself includes three components; the VVA’s circular logo on the upper right side, a cluster of seventeen stars on the left-side; and a message stating the VVA’s meeting hours is below the logo on the lower right (Attachment 3). The bold yellow color is stated to reflect the color of the official VVA flag; and its 17 stars are said to represent the 17 campaigns of the Vietnam War.

DISCUSSION:

While specific details of the sign and its permitting are administered ministerially, subject to the provisions of the Sign Ordinance, the City Council may wish to provide general input on items such as

Page 3 of 4 ends

the general location of the sign on the building, or the intensity of the color and its compatibility with the building, which the VVA will consider. Otherwise, the administrative procedure established by the Sign Ordinance is provided below for reference:

Sign Permitting Methodology
As a building having multiple occupants and multiple signs, the ensuing sign permitting process will evaluate the following for consistency with the City’s Sign Ordinance:
a) Multiple Tenants and Signs: Currently, the property at 1005-1025 Guadalupe Street has three tenants subject to sign permits. Upon approval of the new sign, the three occupants would have a total of eight (8) signs. For the most part, the existing signs are considered to be legally established.

The one exception is the freestanding lighted monument sign at the southeast corner of the property that belongs to Post No. 371. Although that sign structure was legally permitted in November 2020, by a zoning clearance (2020-097-ZC), the sign was approved without animation.

Yet the sign had continued to function with animation for the two years since the sign was approved. Municipal Code Section 18.51.120(F) states: Any sign that flashes, blinks, moves, changes color, appears to change color, changes intensity, or contains any part of attachment which does the same, is expressly prohibited. Representatives of Post No. 371 have been advised to correct the animation infraction to bring that sign into full compliance. A lighted sign without animation will be permitted with an electrical permit from the Building Permit. Representatives have recently turned off the animated lighting until full compliance can be reached. b) Allowable Sign Area: When new signage is added, the total allowable square footage of all signs on the property needs to be evaluated. Municipal Code Section 18.51.040(G)(6) specifies: The total sign area allowed on a parcel shall be up to one square foot of sign area for each lineal foot of building occupancy frontage or parcel frontage, whichever is greater… Since, the property has two street frontages, 150 linear feet of street frontage along Guadalupe Street and 130 linear feet of street frontage along Tenth Street; up to a total of 280 square feet of signage could be considered on the property assuming all other design criteria could be met. An initial calculation has concluded that a total of about 50 square feet of signage would be existing upon approval of the new Vietnam Veterans wall sign (Attachment 4 – Preliminary Master Sign Plan). c) Master Sign Program: Guadalupe Municipal Code Section 18.51.030(C) specifies that a Master Sign Program should be established when there are multiple tenants with multiple signs on a single property. The master sign plan is intended to ensure continuity of all of the signs and to spread the amount of sign area allowed among the buildings and occupants within a multi-tenant building or multi-building site. The master sign program will be a part of the sign permit review and processing for the Veteran’s new wall sign. Typically, the applicant is responsible for retaining a sign contractor to prepare the master sign program. In this case, City Planning staff will assist the applicant in preparing the master sign plan. An example of the preliminary draft Master Sign Program is provided as Attachment 4.

Page 4 of 4 ends

Conclusion:

In summary, given the new wall sign is representative of the Vietnam veterans who use the building for their meetings, the sign is considered to be fitting for the purpose it represents. It has been determined that the addition of the Vietnam Veteran’s new wall sign will be well within the square-footage allowed for signage on the property. As specified by the Sign Ordinance, a master sign plan is needed. In this case, staff will assist the applicant in completing the required master sign program to identify all of the signs on this historic City-owned multi-tenant building.

CEQA Review
The sign permit request is a ministerial action and is not a project under the California Environmental Quality Act (CEQA).

PUBLIC NOTICE:

Notice of this item was posted in three prominent locations around the Guadalupe City Hall.

ATTACHMENTS:

1. Resolution No. 2023-10

2. New Wall Sign

3. New Wall Sign Photo Simulation

4. Preliminary Master Sign Program

5. PowerPoint Presentation – Vietnam Veteran’s Sign
RESOLUTION NO. 2023-10

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA, ENDORSING A WALL-MOUNTED SIGN FOR THE VIETNAM VERTERANS OF AMERICA CHAPTER 982 ON THE VETERAN’S MEMORIAL BUILDING AT 1005-1025 GUADALUPE STREET IN THE CITY OF GUADALUPE, APN 115-051-007
WHEREAS, Mr. Deek Segorvia representing the Vietnam Veterans of America Chapter 982 (the Applicant) is requesting to place a new wall sign on the Veteran’s Memorial Building at 1005- 1025 Guadalupe Street; and
WHEREAS, sign approvals in the City are a ministerial action subject to a zoning clearance approval by the Planning and Building Department as specified by Municipal Code Chapter 18.51 (Sign Ordinance); and
WHEREAS, the Veteran’s Memorial Building at 1005-1025 Guadalupe Street is a City-owned property and the Applicant has requested opportunity to present the proposed sign to the City Council for its advisory review and consideration prior to the administrative processing of a zoning clearance; and
WHEREAS, planning staff presented a report on February 14, 2023, at which time all interested persons were given the opportunity to be heard; and
WHEREAS, notice of the report was posted at three separate locations at least 10 days prior to the public hearing; and
WHEREAS, the City Council acknowledges that final approval of the sign is an administrative action not subject to City Council approval; and
WHEREAS, the City Council finds that the proposed sign is not a project under the provisions of the California Environmental Quality Act; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Guadalupe does hereby find and determine as follows:

SECTION 1: The City Council herby expresses its support for the proposed wall sign as proposed by the Guadalupe Chapter 982 of the Vietnam Veterans of America and hereby endorses the Applicant’s pursuit of a zoning clearance to allow the new wall sign at the Veterans Memorial Building at 1005-1025 Guadalupe Street, APN 115-051-007.

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.

ATTACHMENT 1
SECTION 3. The City Clerk shall certify as to the adoption of this Resolution.

PASSED, APPROVED AND ADOPTED at a regular meeting on the 14th day of February 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. 2023-10, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held February 14, 2023, and that same was approved and adopted.

ATTEST:
______________________________ ____________________________________ Todd Bodem, Deputy City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
_____________________________
Philip F. Sinco, City Attorney
EXHIBIT 1, CITY COUNCIL FINDINGS
NEW WALL SIGN FOR THE VIETMAM VETERANS OF AMERICA, GUADALUPE POST 371 AT VETERAN’S MEMORIAL BUILDING, 1005-1025 GUADALUPE STREET

1.0 CEQA Findings

1.1 CONSIDERATION OF THE STATUTAORY EXEMPTION AND FULL

DISCLOSURE
The City Council review of the sign is advisory and the City Council has found that the requested sign permit review and approval is wholly a ministerial (administrative) action under Municipal Code Chapter 18.51, thus is not a project as specified by California Code 15378(b) which states:

Project does not include organizational or administrative activities of governments that will not result in direct or indirect changes in the environment; and (c) the term “Project” does not mean each separate government approval.

2.0 Administrative Findings

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

The sign approval will be implemented in full accordance with the City’s Sign Ordinance as established by Municipal Code Chapter 18.51.

As stated by Section 18.51.020 (objectives) among the primary objectives of the Sign Ordinance are: (A) to implement the City’s community design and safety standards as set forth in the City’s General Plan and municipal code (B) To maintain and enhance the City’s appearance by regulating the design, character, location, number, type, size, illumination, and maintenance of signs; and (C) To serve the City’s interests in maintaining and enhancing its visual appeal for residents, tourists, and other visitors, by preventing the degradation of visual quality which can result from excessive and poorly designed, located, or maintained signage.

MEETING HOURS
2nd Saturday at 10:00 am

NEW WALL SIGN
ATTACHMENT 2
ATTACHMENT 3
ATTACHMENT 4
PRELI MI NARY SIGN PROGRAM*
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1 Guadalupe
City Council
New Wall Sign for Vietnam Veterans
of America, Chapter 982
Presented by
Bill Scott, Contract Planning Consultant
Guadalupe City Planning Department
February 14, 2023
ATTACHMENT 5
Project Description 1
Mr. Deek Segovia, representing Vietnam
Veterans of America Chapter 982, is
proposing a new wall sign at the
Veterans Memorial Building.

Veterans Memorial Building is a Cityowned Building at 1005-1025 Guadalupe Street.
2 Project Description 2
City Council approval is not required for
the new sign.

A Sign Permit (Zoning Clearance), is an
Administrative Action (Planning Dept.

Approval) per the City’s Sign Ordinance.

Presentation to the City Council is
requested by the applicant as Advisory
to discuss the new wall sign.
3 NEW
WALL
SIGN
(TOP)

CITY SIGN ORDINANCE
MUNI CODE CHAPTER 18.51 (SIGN ORDINANCE)
REGULATES SIGNS.

UPDATED SIGN ORDINANCE ADOPTED BY CC IN
AUGUST 2022.

PURPOSE: IMPLEMENTS COMMUNITY DESIGN

OBJECTIVES OF THE GENERAL PLAN

ENSURE SIGNS DO NOT CREATE SAFETY
HAZARDS OR “VISUAL CLUTTER.”
5 SIGN CLUTTER
6 SIGN ORDINANCE REQUIRES:

Consistency: Same standard for all. Non-commercial
signs must meet the same standards as required for
commercial and business entities [Code Section

18.51.040 (D)]
Size & Height Limitations: When new signs are
proposed on a property, the size and location of all
signs must be considered [Section 18.51.040 (G)(1-
6)].

Order & Continuity: When there are multiple signs
and multiple tenants, a Sign Program must be
prepared [Section 18.51.040(C)].
7 UNREGULATED WALL SIGNS
8 SOME EXISTING SIGNS
9 EXISTING SIGNS
10 NEW
WALL
SIGN
(TOP)
Recommendation:

It is recommended that the City Council:
1) Hear Mr. Segovia’s presentation.
2) Review the new sign (e.g., its intensity
and/or its location); and provide any
general input; and
3) Afterward, the Planning Department will
complete the review of the Zoning
Clearance (Sign Permit).
12 CEQA COMPLIANCE
As a Ministerial (Administrative) action,
Planning Department’s approval of sign
permit is not a Project under the California
Environmental Quality Act (CEQA).
13 Vietnam Veteran’s Chapter 982
New Wall Sign
14

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Agenda Item No. 11

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of February 14, 2023

_______________________________ _________________________________ Prepared by: Approved by:

Shannon Sweeney Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: Main Street/Obispo intersection traffic issues.

RECOMMENDATION:

That City Council provide direction to staff on next steps for traffic control on Highway 166 (West Main Street) in the vicinity of Obispo Street.

DISCUSSION:

The City completed a Local Road Safety Plan (LRSP) on February 22, 2022. This document is available on the City’s website at ci.guadalupe.ca.us under Miscellaneous Documents.

In this document, citywide collision data from December 31, 2015, through December 31, 2020 was analyzed to study collision patterns and trends, and identify high crash locations in the City. The highest ranked intersection was identified at State Highway 166/W. Main St. and Obispo Street, with four collisions during the time period analyzed.

As discussed in the LRSP, this is currently a two-way stop control intersection. Warrant assessments were conducted for this intersection, and it has been concluded that this intersection is warranted for both a multi-way stop control and traffic signal control. The Pasadera development is required to install a traffic signal control. Until this traffic signal is installed, the LRSP recommended that the intersection be converted to a multiway stop control as an interim measure.

City staff initiated the process for installing the recommended multiway stop by submitting an encroachment permit application to Caltrans. Caltrans expressed concern that a multiway stop at this location would cause a queuing problem, or backup of vehicles onto the nearby railroad tracks.

Evaluation of data from an existing traffic study for the intersection confirms that the installation of a multiway stop would cause traffic queuing on railroad tracks at peak traffic times.

Shannon Sweeney

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Traffic analysis at this intersection was completed by Rick Engineering on May 30, 2019. This report calculated a queue length of 915 feet at Main Street and Obispo Street. The distance between the intersection and railroad is 820 feet.

Based on this information, the encroachment permit application was rescinded, as the request would be denied due to the safety concerns associated with traffic queuing. Note that the traffic signal would mitigate this queuing issue by programming the signal to change before the queue impacts the railroad.

The Pasadera development is in active communication with Caltrans to obtain an encroachment permit for installation of the traffic signal. The current challenge is that Caltrans is requesting that the development redo its environmental impact report that was originally completed and certified in 2012.

Pasadera believes that this report is still valid since the development has not substantially changed.

Completion of the environmental impact report typically takes between 12 and 18 months. The City is not involved in this dispute.

Since the Obispo/166 intersection remains of concern to the City, but the City is unable to install stop signs or speed up the resolution of the dispute between Caltrans and Pasadera, staff has been considering other possible options to reduce the potential risks of accidents at this intersection. The best of these possible options involves the intersection at Flower and 166. A three-way stop at this intersection may help reduce the speed of traffic coming into town on Highway 166 from Santa Maria.

A three-way stop at this location may also help divert some traffic away from the Obispo and 166 intersection by providing a controlled intersection to facilitate a left turn onto Highway 166 eastbound.

Any reduction in traffic at the Obispo/166 intersection reduces the number of potential conflicts. In addition, slower traffic traveling west on Highway 166 can help reduce the severity of accidents that may occur.

Note that there are positives and negatives to this traffic control to the Treasure Park neighborhood. On one hand, the controlled intersection at Flower St./166 facilitates the left-hand turn from this neighborhood onto Highway 166 eastbound. On the other hand, this change may increase traffic along Flower Street and through any of the seven arterial streets, which are residential. Please note however, that most of the houses adjacent to Flower Street do not face the street (side yards only). This would reduce increased risks of traffic conflicts from the increased traffic and vehicles backing out of driveways in addition to reducing the increased nuisances to these residents from increased traffic.

If Council desires, City staff can submit an encroachment permit application for a three-way stop sign to be installed at the Flower/166 intersection. It is possible that Caltrans may still request a queuing analysis. Pasadera has agreed to assist if such a request is made.

Public Safety also suggests that a four-way stop be installed at the same time at 4th Street/Obispo to reduce speeds in the vicinity of that intersection and facilitate traffic movement from Obispo Street southbound to 4th Street eastbound to access the stop on Flower St./166.

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Agenda Item No. 12

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of February 14, 2023

_______________________________ _________________________________ Prepared by: Approved by:

Michael Cash, Director of Public Safety Todd Bodem, City Administrator SUBJECT: Traffic and parking plan options for student drop-offs and pickups at Mary Buren Elementary School
RECOMMENDATION:

That the City Council provide direction to staff concerning a traffic and parking plan to address congestion in the morning and afternoon hours near Mary Buren Elementary School as a result of student drop-offs and pickups.

BACKGROUND:

In December 2022, staff met with the Guadalupe Union School District (GUSD) and worked on several proposals to alleviate traffic congestion during morning and afternoon school hours at Mary Buren Elementary School. It was decided that a “6-month trial period” of a new traffic plan would be implemented in the 2023 school year for the elementary school.

This new traffic plan provided:
• 10th Street at Obispo would be closed for eastbound traffic from 7:30 am to 8:45 am. Only teachers, school buses, city buses, residents, and first responders would be allowed access. • Peralta at 11th Street would be closed for southbound traffic (in front of school) from 7:30 am to 8:45 am. Only teachers, school buses, city buses, residents, and first responders would be allowed access.
• Both intersections / traffic post will be managed by school personnel. • Parents dropping children off by car, will go to the church lot to park then walk their child to the school.
• To anticipate possible parking issues at City Hall, police will issue parking permits to city staff personnel only. Vehicles parking in the marked “Employee Parking” area without a visible permit, would be subject to citation. See Attachment 1 for propose City Hall Parking Plan prepared by Chief Cash.

This plan was implemented after the school year commenced in January 2023, but some concerns about this plan were mentioned by Councilmember Costa at the City Council meeting on January 24, 2023. He requested that this matter be placed on a future Council agenda.

Michael Cash

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DISCUSSION:

The Guadalupe Municipal Code (GMC) has some provisions that are relevant with respect to establishing a traffic and/or parking plan.

First, GMC section 10.08.010 grants City police officers with the authority to "to direct all traffic by means of visible or audible signal, ..." and it also provides that it is "unlawful for any person other than a traffic or police officer to direct or attempt to direct traffic, except under supervision of the Police Department." The plan developed by City staff that is currently in place provides that GUSD personnel are responsible for traffic control, but that does not appear to be allowed under the City’s Municipal Code. However, the extent of the required "supervision" by a City police officer is not specified, so it is possible that only minimal supervision by the City’s Police Department is required, which would still allow GUSD personnel to be involved in traffic control.

Second, GMC section 10.08.020 requires that the City Council authorize all directional signs and signals, so regardless of whatever traffic/parking plan is utilized, if any signs are required for it, the City Council must approve them.

Third, in general, the City Council must approve parking restrictions. (See, e.g., GMC sections

10.24.060, and 10.24.090 - 10.24.120). Citations for parking violations can only be issued if the City Council approves restricted parking.

Councilmember Costa’s alternative proposals:

Councilmember Costa does not agree with this traffic plan. He believes that other options would work better. He has come up with two other options that he wants the City Council to consider.

Option 1: Traffic would be allowed on 10th Street between Obispo and Peralta Streets, but only up to the area where it turns and becomes Peralta Street. Students would be dropped off on the south side of 10th Street. Vehicles would not be allowed to continue onto Peralta. Instead, after dropping off or picking up, vehicles would be required to take a U-turn and take 10th Street west towards Obispo Street.

Access to Peralta Street would be blocked where it turns into 10th Street, and also, where it intersects with 11th Street (so no vehicles would be allowed on Peralta Street except for teachers, school buses, city buses, residents, and first responders). These restrictions would be in place from 7:30 a.m. to 9:00 a.m. and from 2:00 p.m. – 3:30 p.m. (See Attachment 2).

Option 2: Traffic would be allowed on 10th Street from Obispo Street to Peralta Street, and also, on Peralta Street from 11th Street, but no left turns (to head west) from Peralta Street onto 11th Street would be allowed during the hours of 7:30 a.m. to 9:00 a.m. and from 2:00 p.m. – 3:30 p.m. Councilmember Costa believes that prohibiting left turns (to head west) onto 11th Street from Peralta Street is what causes traffic to be congested since the crossing guard stops traffic on the west side of the intersection of 11th Street and Peralta Street for pedestrian crossing. Pedestrian crossing does not prevent vehicles from crossing 11th Street (to head north) or to turn right (to head east) onto 11th Street, but it does prevent vehicles from turning left while the pedestrians are crossing. A sign would need to be posted informing motorists that no left turns from Peralta onto 11th Street would be allowed from 7:30 a.m. – 9:00 a.m. and from 2:00 p.m. – 3:30 p.m. (See Attachment 3).

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Councilmember Costa also believes that the signs that current state “Five Minute Parking” on Peralta Street between 10th Street and 11th Street should be replaced with signs indicating “No Parking or Standing between 7:30 a.m. – 9:00 a.m. and 2:00 p.m. – 3:30 p.m.” During these hours, only pick-ups and drop-offs would be allowed.

Finally, for both Option 1 and Option 2, Councilmember Costa believes that there should be “No Parking” signs on 11th Street across from Mary Buren Elementary School since many parents are parking and walking across 11th Street with their children, which is causing both traffic congestion and is a potential hazard. These signs could indicate that no parking at any time is allowed, or no parking during the hours of 7:30 a.m. – 9:00 a.m. and 2:00 p.m. – 3:30 p.m.

ALTERNATIVE:

As another alternative, the Council could direct staff to form a committee to work with GUSD personnel (and others) on a traffic/parking plan.

FISCAL IMPACT:

Depending on what option(s) the City Council selects, there will be some costs associated with the creation of signs for traffic control and parking, but these costs will likely be less than $1,000.

ATTACHMENTS:

1. Proposed City Hall Parking Plan

2. Satellite photo with Councilmember Costa’s handwritten notes.

3. Diagram with Councilmember Costa’s handwritten notes.

Proposed New Parking Layout for City Hall
918 Obispo St, Guadalupe CA 93434
Note:
- One Handicap parking on the South end (Ninth St / Obispo St) (Standard Handicap painting) (Already existing) - 12 Employee parking spaces. 6 on the south side and 6 on the north side (White Curb with 4” black letters “Employee Parking”) - 4 – 20 Min Parking in the center (in front of City Hall main door) (Paint Curb Green with 4” white Letters “20 Min Parking”) - 8 Public Parking Spots split 4 on either side of the “20 Min Parking.” (Unpainted curb, no lettering) - Add Post with a sign for 20 Min Parking
Employee Parking Public Parking 20 Min Parking Public Parking Handicap Parking Employee Parking
ATTACHMENT 1
ATTACHMENT 2
ATTACHMENT 3

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Agenda Item No. 13

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of February 14, 2023

_______________________________ _______________________________ Prepared by: Approved by:

Philip F. Sinco, City Attorney Todd Bodem, City Administrator SUBJECT: First Reading and Introduction of Ordinance No. 2023-508 amending the City’s Commercial Cannabis Business Ordinance (Guadalupe Municipal Code Chapter 9.22) RECOMMENDATION:

That the City Council waive full reading, read by title only; and introduce Ordinance No. 2023-508 on the first reading, and continue to the meeting of February 28, 2023, for second reading and adoption.

BACKGROUND:

The City’s Commercial Cannabis Businesses Ordinance (Guadalupe Municipal Code (GMC) Chapter

9.22) was initially introduced as Ordinance No. 2021-494 a special Council meeting on May 18, 2021, and adopted at the Council’s regular meeting on May 25, 2021. Thereafter, the Council adopted Application Guidelines and Procedures for a Commercial Cannabis Business (CCB) Permit at its meeting on August 24, 2021 (and adopted slightly revised guidelines and procedures at its meeting on September 14, 2021). These guidelines and procedures directed the processing of applications for commercial cannabis business permits including the selection of candidates to be interviewed by the City Council. All of the applicants met the minimum score and qualified to be interviewed by the City Council. Interviews were held beginning on April 12, 2022 (at which the sole applicant for a cultivation-processing CCB permit was selected and one retail CCB permit applicant was selected), but the second (and final) CCB permit applicant was not selected until and continued thereafter at several different meetings until August 16, 2022.

Although one of the applicants (the applicant for the cultivation-processing CCB permit) has obtained the required conditional use permit (CUP), none of the applicants has met the requirements for obtaining issuance of a CCB permit. The process is taking longer than the City expected, and in light of the need for revenue expected to be generated by the commercial cannabis business operations that have been selected by the City to pursue issuance of a CCB permit, staff has decided that it is in the best interests of the City to establish some timeframes for the various requirements of a CCB permit.

The ordinance adopted by the City Council back in May 2021 did not include timeframes or deadlines for the conditional use permit process, and accordingly, staff believes it is appropriate to provide these as they were absent in the original ordinance.

Philip F. Sinco

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DISCUSSION:

The proposed ordinance selectively amends various provisions of GMC Chapter 9.22. Specifically, the proposed ordinance will:
• Require the “prevailing candidates” (that is, those applicants selected by the City Council to seek issuance of a CCB permit) complete negotiations with the City and submit a signed agreement to the City Administrator within six (6) months after being selected as a prevailing candidate. Any prevailing candidates selected before the effective date of the ordinance, the candidate shall have six (6) months from the effective date of the ordinance (i.e., approximately March 31, 2023) to comply. In addition, the community benefit agreement must include a provision to pay the fees authorized by a Council resolution approving cost recovery for the City’s costs related to negotiating and obtaining the community benefit agreements, the annual regulatory fee, and the cost of pre-license site inspections. (These additional costs are the subject of another item on the Council’s February 14, 2023, agenda).
• Once a prevailing candidate has been selected, the City reserves its rights to reject such selected candidate if the candidate fails to diligently pursue the required conditional use permit application and the CCB permit. (Prior to rejecting a selected candidate, the City Council will hold a hearing where the candidate may present evidence as to why the City Council should not reject the selected candidate from completing the process. The City Council will base its decision to reject only upon substantial evidence and will not act in an arbitrary or capricious manner. The City Council’s decision will be final and is subject to the time limits set forth in California Code of Civil Procedure Section 1094.6 for judicial review).
• Once the prevailing candidates are selected, each such candidate will have three (3) months from the date of selection to file an application for a conditional use permit for the proposed location of the commercial cannabis business and must obtain issuance of a conditional use permit within nine (9) months from the date of selection. This timeframe may be extended by the City Administrator should it be determined that the City unreasonably delayed processing the conditional use permit application. (For any candidates previously selected before the effective date of this ordinance, these timelines shall commence upon the effective date of the ordinance, which should be approximately March 31, 2023). Failure to comply with these timelines may result in a finding that the candidate is not diligently pursuing the conditional use permit. • A prevailing candidate shall still be permitted up to 12 months to “exercise” a CCB permit once it has been issued as is currently permitted under GMC Chapter 9.22, but one of the ways it could be exercised has been , namely, by issuance of a building or grading permit and commencing construction. Also, the proposed ordinance clarifies that failure to exercise the CCB permit within 12 months (unless extended as otherwise permitted by Chapter 9.22) automatically results in expiration and adds that any candidate whose CCB permit expires shall not be eligible to obtain issuance of a CCB permit unless the City opens up a new application process. • Finally, the proposed ordinance specifically authorizes the Council to establish an eligibility list for unsuccessful candidates (in case one or more of the prevailing candidates fails to complete

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the CCB permit process for whatever reason). The Council already established an eligibility list by resolution, but the proposed ordinance confirms the authority of the Council to do so.

The candidate for the cultivation-processing CCB permit has already obtained the required CCB and is working on the remaining requirements to obtain issuance of the CCB permit. City staff believes that this candidate is “diligently pursuing” issuance of its CCB permit, and therefore, the primary impact of the proposed ordinance on this candidate is that it will have six (6) months from the effective date of the ordinance to complete negotiations for, and provide a signed copy of, the required community benefit agreement. This means that this candidate will have until approximately September 30, 2023, to meet this new requirement.

The two retail CCB candidates will also be required to meet this requirement by September 30, 2023, but both of them will also be required to apply for a conditional use permit (if they have not already done so) no later than three (3) months after the effective date of the ordinance, which means approximately three (3) months after March 31, 2023 (or by June 30, 2023). In addition, both of these candidates will be required to obtain issuance of a conditional use permit no later than nine (9) months from the effective date of the ordinance, or by December 31, 2023. Failure to comply with both of these deadlines could result in the City Council rejecting them as candidates and preventing them from continuing with the process of obtaining issuance of a CCB permit.

FISCAL IMPACT:

None.

ATTACHMENTS:

1. Ordinance No. 2023-508 entitled “An Ordinance of the City of Guadalupe, California Amending Various Sections of Chapter 9.22 of the Guadalupe Municipal Code Relating to Commercial Cannabis Businesses.”
Ordinance No. 2023-508

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ORDINANCE NO. 2023-508

AN ORDINANCE OF THE CITY OF GUADALUPE, CALIFORNIA AMENDING VARIOUS SECTIONS OF CHAPTER 9.22 TO TITLE 9 OF THE GUADALUPE MUNICIPAL CODE RELATING TO COMMERCIAL CANNABIS BUSINESSES AND AMENDING VARIOUS SECTIONS OF TITLE 12 (ZONING) OF THE GUADALUPE MUNICIPAL CODE TO DESIGNATE ZONING DISTRICTS FOR

COMMERCIAL CANNABIS BUSINESSES
WHEREAS, the City Council finds that the provisions of the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) accommodates the needs of medically-ill persons in need of cannabis for medicinal purposes as recommended by their health care provider(s), and to provide access to same; and
WHEREAS, the MAUCRSA also provide access to adult-use cannabis for persons aged 21 and over as authorized by the Control, Tax & Regulate the Adult Use Cannabis Act (“AUMA” or “Proposition 64” approved by California voters in 2016); and
WHEREAS, commercial cannabis is a source of much needed revenue for the City of Guadalupe; and
WHEREAS, the City Council understands that sensible regulations on the use of land to protect the City’s residents, neighborhoods, and businesses are necessary to mitigate possible negative impacts that might arise from the legalization of commercial uses of cannabis in the City of Guadalupe, and the City Council intends to regulate the commercial cultivation, processing, manufacturing, testing, sale, delivery, and distribution of cannabis and cannabis products in a responsible manner to protect the health, safety, and welfare of the residents of the City and to enforce rules and regulations consistent with state law; and WHEREAS, in consideration of the foregoing, the City Council adopted Ordinance No. 2021-494 on May 25, 2021, (effective on June 24, 2021), adding new Chapter 9.22 to the Guadalupe Municipal Code and amending various sections of Title 12 of the Guadalupe Municipal Code (Zoning) to permit the establishment of retail and other types of commercial cannabis businesses; and
WHEREAS, since the adoption of Ordinance No. 2021-494, the City Council adopted Application Procedure and Guidelines for commercial cannabis business permits, and opened an application period for such businesses, eventually selecting two (2) retail commercial cannabis business permit applications to move forward with the process of obtaining a commercial cannabis business permit (as well approving one cannabis cultivation-processing applicant); and WHEREAS, City staff has identified several provisions of Ordinance No. 2021-494 that require corrections and/or amendments for the purpose of clarification; and ATTACHMENT 1
Ordinance No. 2023-508

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WHEREAS, it is in the interest of the City to establish reasonable timeframes for selected applicants to begin retail cannabis operation in order to ensure that consumers are provided access to legal cannabis goods; and
WHEREAS, one of the main reasons for legalizing cannabis businesses in the City is for the purpose of increasing needed revenue for the City; and
WHEREAS, Ordinance No. 2021-494 did not include any provisions concerning how much time would be afforded to the selected applicants to complete the conditional use permit application process as well as obtaining a commercial cannabis business permit, and the City Council wishes to amend Chapter 9.22 of Title 9 of the Guadalupe Municipal Code to include required timelines for completion of the process of obtaining a commercial cannabis business permit.

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

SECTION 1. Section 9.22.110 of Chapter 9.22 of Title 9 of the Guadalupe Municipal Code is hereby amended as follows:

9.22.110 Community Benefits.

A. The application procedure process shall include a component on community benefits.

B. Any community benefits that a cannabis business agrees to provide shall be incorporated into the terms and conditions under which the cannabis business will operate with the City’s approval, if and when a Cannabis Business Permit is issued. Such terms and conditions shall be in addition to the requirements of this Chapter.

C. Community benefits may include but are not limited to: in-kind donations; sponsorship of community events; financial support or otherwise for special community events such as fairs, afterschool programs, youth centers, Boys and Girls Clubs, local schools whether public or private; school athletic programs; school clubs; community centers, homeless shelters, senior centers and/or senior living facilities, parks and recreation programs.

D. The prevailing candidates selected by the City Council pursuant to Section

9.22.140, shall be required to complete negotiations with the City and submit a signed agreement to the City Administrator within six (6) months after being selected as a prevailing candidate. For any prevailing candidates selected before the effective date of this subdivision D, such candidate shall have six (6) months from the effective date to comply with this subdivision.

Ordinance No. 2023-508

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SECTION 2. Section 9.22.120 of Chapter 9.22 of Title 9 of the Guadalupe Municipal Code is hereby amended asfollows:

9.22.120 City’s Reservation of Rights.

A. The City reserves the right to reject any or all applications for a Cannabis Business Permit. Prior to such permit issuance, the City may modify, postpone, or cancel any request for applications, at any time without liability, obligation, or commitment to any party, firm, or organization, to the extent permitted under California law. Persons submitting applications assume the risk that all or any part of the program, or any particular category of permit potentially authorized under this Chapter, may be cancelled at any time prior to permit issuance. The City further reserves the right to request and obtain additional information from any candidate submitting an application. In addition to a failure to comply with other requirements in this Chapter, an application may be rejected for any of the following reasons:

1. The application was received after the designated time and date of the deadline.

2. The application did not contain the required elements, exhibits, or was not organized in the required format.

3. The application was considered not fully responsive to the request for a permit application, i.e., was substantially incomplete.

B. Once a prevailing candidate has been selected, the City reserves its rights to reject such selected candidate if the candidate fails to diligently pursue the required conditional use permit application and Cannabis Business Permit. Prior to rejecting a selected candidate, the City Council will hold a hearing where the candidate may present evidence as to why the City Council should not reject the selected candidate from completing the process. The City Council will base its decision to reject only upon substantial evidence and will not act in an arbitrary or capricious manner. The City Council’s decision will be final and is subject to the time limits set forth in California Code of Civil Procedure Section 1094.6 for judicial review.

SECTION 3. Section 9.22.140 of Chapter 9.22 of Title 9 of the Guadalupe Municipal Code is hereby amended asfollows:

9.22.140 Permittee Selection Process
A. Applications will be reviewed per the Procedure Guidelines and Review Criteria and will be either denied or approved.

B. Once the proposed locations of approved applications have been identified, the Planning Director or the Planning Director’s designee(s) shall verify it is properly zoned for the type of license(s) in which the applicant has applied. If permitted, a zoning verification letter shall be issued.

Ordinance No. 2023-508

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C. Only approved applications meeting guidelines set by Council Resolution as to cut off score will be eligible to participate in the interview process or any further process.

D. Upon the completion of the selection process, a public meeting shall be set in which concerns of residents, businesses, and community organizations alike may be brought before the City.

E. The Planning Director, or the Planning Director’s designee(s), shall conduct the public meeting to solicit community feedback.

F. Public Notice shall be mailed at least ten (10) days prior to the public meeting to the following:

1. All property owners of record within a minimum 300-foot radius of the subject property as shown on the latest available assessment role or a larger radius if deemed necessary by the Planning Director in order to provide adequate public notification; and

2. Any person or group who has filed a written request for notice regarding the specific application.

G. Failure to Notify Individual Properties. The validity of the proceedings shall not be affected by the failure of any property owner, resident or neighborhood or community organization to receive a mailed notice.

H. Applications shall be vetted by the City Administrator and a team selected by the City Administrator consistent with Section 9.22.13(c). At the conclusion of the vetting process, the City Administrator shall prepare a report with findings and recommendations for consideration by the City Council. The recommendations shall include a summary of any concerns voiced by the community at the public meeting.

I. The City Council shall either deny or approve the final candidates and shall select the top candidates in each category of the cannabis businesses pursuant to Section 9.22.13(a).

The City Council’s decision as to the selection of the prevailing candidates shall be final, pending an appeal, in the event an appeal is filed as provided for under Section 9.22.24.

J. The City will issue notice to the prevailing candidates that the City will issue an official Cannabis Business Permit(s) upon the prevailing applicant(s) obtaining all required land use approvals. Once all required land use approvals are secured, the City will issue an Official Cannabis Business Permit to any prevailing applicant(s). The City Council’s decision concerning which applicant(s) will be issued an official Cannabis Business Permit(s) is final and is subject to the time limits set forth in California Code of Civil Procedure Section 1094.6 for judicial review.

K. The Council may establish an eligibility list and place the unsuccessful candidates not selected as a prevailing candidate on this list in the event one or more of the prevailing Ordinance No. 2023-508

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candidates is unable to complete the process of obtaining a Cannabis Business Permit. Only candidates that were interviewed by the Council will be able to be placed on the eligibility list.

The Council may select any of the candidates on the eligibility list in place of one or more of the prevailing candidates that fails to complete the process of obtaining Cannabis Business Permit.

L. Once the prevailing candidates are selected, each such candidate will have three (3) months from the date of selection to file an application for a conditional use permit for the proposed location of the commercial cannabis business and must obtain issuance of a conditional use permit within nine (9) months from the date of selection. This timeframe may be extended by the City Administrator should it be determined that the City unreasonably delayed processing the conditional use permit application. For any candidates previously selected before the effective date of this ordinance, these timelines shall commence upon the effective date of this Section. Failure to comply with these timelines may result in a finding that the candidate is not diligently pursuing the conditional use permit.

SECTION 4. Section 9.22.150 of Chapter 9.22 of Title 9 of the Guadalupe Municipal Code is hereby amended asfollows:

9.22.150 Exercise of a Cannabis Business Permit.

A. Each Cannabis Business Permit issued pursuant to this Chapter shall expire twelve (12) months after the date of issuance. Cannabis Business Permits may be renewed as provided in Section 9.22.180.

B. A Cannabis Business Permit shall be exercised within twelve (12) months of issuance. Exercised shall be when any of the following occur:

1. A Certificate of Occupancy has been issued, or

2. The permitted use(s) has commenced on the site.

C. The expiration of a Cannabis Business Permit shall automatically result in a rejection of the selected candidate as authorized by Section 9.22.120.B. unless renewed as provided in Section 9.22.180, and unless renewed, the candidate shall not be able to obtain issuance of a Cannabis Business Permit unless the City opens up a new application process.

SECTION 5. Section 9.22.310 of Chapter 9.22 of Title 9 of the Guadalupe Municipal Code is hereby amended asfollows:

9.22.310 Authorization from the Planning Director.

Prior to commencing operations at a new location pursuant to Section 9.22.270, a Cannabis Business must obtain a zoning clearance from the Planning Director or the Planning Director’s Ordinance No. 2023-508

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designee(s) certifying that the business is located on a site that meets all of the requirements of Sections 9.22.300, 9.22.320, and 9.22.330 of this Chapter.

SECTION 6. Section 9.22.370 of Chapter 9.22 of Title 9 of the Guadalupe Municipal Code is hereby amended asfollows:

9.22.370 Fees and Charges.

A. No person may commence or continue any cannabis activity in the City without timely paying in full all fees and charges required for the operation of a cannabis activity. Fees and charges associated with the operation of a cannabis activity shall be established by resolution of the City Council which may be amended from time to time.

B. All cannabis businesses authorized to operate under this Chapter shall pay all sales, use, business and other applicable taxes, and all license, registration, and other fees required under federal, state, and local law. Each cannabis business shall cooperate with City with respect to any reasonable request to audit the cannabis business’ books and records for the purpose of verifying compliance with this section, including but not limited to a verification of the amount of taxes or fees required to be paid during any period.

C. Prior to operating in the City and as a condition of issuance of a Cannabis Business Permit, the operator of each cannabis facility shall enter into an operational or community benefit agreement with the City setting forth the terms and conditions under which the cannabis facility will operate that are in addition to the requirements of this chapter, including, but not limited to, public outreach and education, community service, payment of fees and other charges as mutually agreed, and such other terms and conditions that will protect and promote the public health, safety and welfare. Such community benefit agreement will include a provision to pay the fees authorized by a Council resolution approving cost recovery for the City’s costs related to negotiating and obtaining the community benefit agreements, the annual regulatory fee, and the cost of pre-license site inspections.

SECTION 7. Severance. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.

SECTION 8. Environmental determination. In accordance with the requirements of the California Environmental Quality Act (Public Resources Code §21000, et seq. (“CEQA”)), a review of the potential environmental impacts was conducted by the Planning Department for Ordinance No. 2021-XX. Based on this review, the Planning Department has determined that the proposed ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to Business and Professions Code Section 26055(h). This provision in the Business and Professions Code exempts from CEQA review the adoption of an ordinance, rule, or regulation by a local jurisdiction that requires discretionary review and approval of permits, licenses, or other authorizations to engage in commercial cannabis activity. As approved by City Ordinance No. 2023-508

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Council, Ordinance No. 2023-508 requires discretionary review is required by the City Council for each cannabis business seeking to operate in the City, and any applicable/project specific CEQA analysis will be done prior to the approval of these discretionary entitlements in accordance with Section 15070 or 15081 of CEQA. Given this, a CEQA Statutory Exemption pursuant to Business and Professions Code Section 26055(h) applies.

SECTION 9. 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 held on the 14th day of February 2023, by the following roll call vote:

MOTION:

AYES: Councilmembers:

NOES:

ABSENT:

ABSTAINED:

PASSED AND APPROVED as the regular meeting of the City Council on the 28 th day of February
2023 by the following roll call vote:

MOTION:

AYES: Councilmembers:

NOES:

ABSENT:

ABSTAINED:

ATTEST:
____________________ ___ ______________________
Todd Bodem, Deputy City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
______________________________
Philip F. Sinco, City Attorney

Page 1 of 3 ends

Agenda Item No. 14

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of February 14, 2023
___________________________________
Prepared by:

Todd Bodem, City Administrator
SUBJECT: Amending the Master Fee Schedule for cannabis community benefit agreement, regulatory and pre-license fees.

RECOMMENDATION:

Adopt Resolution No. 2023-11 amending the Master Fee Schedule for cannabis community benefit agreement, regulatory and pre-license fees for business issued a commercial cannabis business permit.

BACKGROUND:

The City Council adopted its Commercial Cannabis Businesses Ordinance (Guadalupe Municipal Code (GMC) Chapter 9.22) on May 25, 2021. From the very beginning of the process leading up to the adoption of this ordinance, the City staff assured the City Council that the City’s costs from the enactment of the ordinance through the completion of the process would be fully recovered. Soon after adoption of the ordinance, the Council adopted Application Guidelines and Procedures for Commercial Cannabis Business (CCB) Permit (“Guidelines”) with final adoption on September 14, 2021. The Guidelines included the establishment of an application fee (in the amount of $10,500) that was intended to cover the cost of time spent by City staff and its consultants to evaluate legalization of commercial cannabis uses, enactment of an ordinance for commercial cannabis businesses, creation of the application procedures, for reviewing applications, and administering the application process. The proposed fee was equal to, or less than, the full amount of these costs.

After the Guidelines were adopted, the application process began in October 2019 and concluded in November 2021. A total of six (6) commercial cannabis business (CCB) permit applications were received, one for a cultivation-processing permit, and the other five (5) for retail CCB permits. All six (6) candidates’ applications met the minimum score to advance to the interview stage of the process, and eventually the City Council selected the cultivation-processing candidate and two (2) of the five retail CCB permit applicants to continue in the process of obtaining a CCB permit.

The application fees covered the City’s costs only through the completion of the application and selection process. Currently, the City is still able to recover its costs associated with the required conditional use permit applications as fees associated with processing conditional use permits are already included on the City’s Master Fee Schedule. However, once the conditional use permits are approved, there are some remaining costs the City is expected to incur which are not included as fees under the Master Fee Schedule at this time.

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To ensure that these additional costs associated with commercial cannabis businesses are recovered, the City requested that Hdl Companies (“HdL”) assist it to calculate the fee(s) that would be necessary to establish to ensure full cost recovery of these additional costs not covered by the application fee (or by the fees imposed for processing the conditional use permit applications). HdL had assisted the City with calculating the amount of the application fee for full cost recovery from the enactment of the ordinance through the completion of the application and selection process.

DISCUSSION:

Costs to the City will be incurred as a result of HdL’s cost analysis, the commercial cannabis community benefit fee negotiations, pre-license inspection(s), and other regulatory processes. The full list of proposed application and regulatory fees to implement the cannabis program can be found in Attachment 2. Without establishing new fees, the City will be forced to subsidize cannabis activities locally, which may result in service reductions to other General Fund programs.

Additional details on the proposed fee changes are provided below.

Community Benefit Agreement Fee
Chapter 9.22.37 of the GMC requires that cannabis businesses enter into a community benefit agreement (CBA) prior to operating in the City. The CBA sets forth the terms and conditions under which the cannabis facility will operate that are in addition to the requirements of the GMC. These requirements include, but are not limited to, public outreach and education, community service, payment of fees and other charges as mutually agreed, and such other terms and conditions that will protect and promote the public health, safety, and welfare. Costs associated with design and execution of the CBA include:
• Development and internal review of the CBA
• Customization of CBA terms to include the specific commitments made by operator(s) during the application selection process
• Presentation of the CBA to the City Council, including preparation of supporting documents • Other general administrative functions
The total projected cost to the City for providing this service is $3,013 per CBA. This cost is based upon the estimated staff time, consultant fees, and other expenses necessary to design and execute the CBA.

Cannabis Annual Regulatory Fee
Oversight of the cannabis industry will involve staff from the City Administrator’s Office, Finance, Police, Fire, and other City Departments. Regulatory activities include, but are not limited to:
• Policy development and program management
• Legal support
• Administrative enforcement
• Coordination with state agencies
• Fire safety
• Public safety
• Other oversight activities

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The total projected cost for providing oversight and regulatory services for cannabis businesses is $19,904 per permittee. This cost is based upon discussion with various departments expected to play a key role in regulating the cannabis industry, as well as a review of regulatory best practices implemented by other cities in California. Due to the evolving nature of the cannabis industry, it is recommended that the City Council review and adjust the regulatory fee on an annual basis to reflect actual regulatory costs, and the total number of permitted cannabis businesses operating in Guadalupe.

Other Fees
Additional cannabis fees are necessary to offset the cost of providing services to cannabis businesses. A summary of these fees is provided below:
• Pre-License Inspection Fee – Prior to receiving a permit to operate, cannabis businesses are required to undergo an onsite inspection to verify compliance with state and local law. The prelicense inspection will be performed by a third-party consultant, at a cost of $1,600 per inspection.

FISCAL IMPACT:

If adopted, the three fees to be added to the Master Fee Schedule will total $24,517 per CCB permit applicant. If all three of the currently selected CCB permit candidates obtain issuance of a CCB permit and exercise it, total fees in the amount of $73,551 will be recovered by the City during the first year they are imposed, and thereafter, $59,712 annually, which staff believes will be no more than the costs incurred by the City.

CONCLUSION:

Approval is requested to establish cannabis community benefit agreement, regulatory, and pre-license inspection fees for the three commercial cannabis businesses selected by the City Council to pursue a commercial cannabis business permit. The proposed fees are necessary to offset the City costs.

ATTACHMENTS:

1. Resolution No. 2023-11 Amending the Master Fee Schedule for cannabis community benefit agreement, regulatory and pre-license fees.

2. City of Guadalupe Cannabis Master Fee Schedule (revised page A-8).

RESOLUTION NO. 2023-11

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE AMENDING THE

CITY MASTER FEE SCHEDULE FOR CANNABIS COMMUNITY BENEFIT AGREEMENT,

REGULATORS, AND PRE-LICENSE FEES
WHEREAS, the City Council is empowered to impose reasonable fees, rates, and charges for municipal services; and
WHEREAS, the City of Guadalupe Municipal Code section 3.32.030.A provides that all fees charged by the City for the use of City facilities, delivery of City services, business licenses, and other regulatory or revenue-producing activities not otherwise preempted by County, State, or federal jurisdictions, shall be established and adjusted by City Council resolution; and WHEREAS, consistent with the City Council’s direction to staff that all costs incurred by the City related to the enactment of an ordinance legalizing commercial cannabis businesses, and the application and selection process of successful candidates be fully recovered, the City Council approved an application fee for commercial cannabis business permit applications as part of the Application Guidelines and Procedures for Commercial Cannabis Business (CCB) Permit (“Guidelines”) adopted on September 14, 2021, which fee covered the City’s costs through the completion of the application and selection process; and WHEREAS, the City is able to recover its costs associated with the conditional use permit applications required for the successful candidates from fees imposed for processing conditional use permits which are are already included on the City Master Fee Schedule, but once the conditional use permits are approved, there are some remaining costs the City is expected to incur for which no fees have been approved to recover these costs; and WHEREAS, to ensure that these additional costs associated with commercial cannabis businesses are recovered, the City requested that Hdl Companies (“HdL”) assist it to calculate the fee(s) that would be necessary to ensure full cost recovery of these additional costs not covered by the application fee (or by the fees imposed for processing the conditional use permit applications); and
WHEREAS, HdL determined that the City’s additional costs to be recovered would bne incurred in connection with the community benefit agreements, various regulatory activities, and pre-license inspections (as well as the cost related to HdL’s cost analysis); and WHEREAS, HdL has determined the amount of the fees to be imposed on each of the successful candidates for the additional costs to the City to be recovered, and that these fees do not exceed the City’s additional costs; and
ATTACHMENT 1
WHEREAS, the proposed fees are as follows:

Community Benefit Agreement: $ 3,013
Annual Regulatory Fee: $ 19,904
Pre-License Site Inspection: $ 1,600.

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

SECTION 1. The recitals herein are adopted as findings of the City Council.

SECTION 2. The above-listed fees are hereby approved by this resolution, are effective immediately, and will be included on Part 1, page A-8 of the City Master Fee Schedule.

SECTION 3. The establishment of rates herein is exempt from the requirements of the California Environmental Quality Act pursuant to Public Resources Code Section 21080(b)(8) and the adoption of this resolution is for the purposes of meeting operating expenses incurred as a result of development, including employee wage rates and fringe benefits.

PASSED AND ADOPTED at a regular meeting on the 14th day of February 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. 2023-11, has been duly signed by the Mayor and attested by the Deputy City Clerk, all at a regular meeting of the City Council, held February 14, 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
MASTER FEE SCHEDULE -- PART 1 A-8
Increase
See Municipal Code 5.04 for Business License Fees
255.674
Special Fees set elsewhere in the Municipal Code
Astrology and Fortune Telling Permit -- 5.16.030 $1
Auctioneer's Permit -- 5.16.030 $9
Permit for Jewelry Sales at Public Auction -- 5.20.140 , 5.20.170, & 5.20.200 Fee (first 30 days) $9
Each additional 30 days $5
Investigation of applicant
Deposit $23
Bingo Permits (non-profit organizations) -- 5.24.030
One day $2
Annual $23
Annual renewal $23
Cable Television Application Fee -- 5.28.030.A.6
To cover cost of City staff review
Cardroom Work Permit (each person)-- 5.32.080.E $18
Business permit = $500/business + $200/table (5.32.050) Coin-Operated Machine Permits -- 5.36.030
Mechanical music machine (per quarter) $2
Game machine (per quarter) $5
Vending machine (per quarter) $1
Public Dance Permit -- 5.40.060.A
Per public dance $2
Maximum fee per location per year $18
Farmers Market Permit -- 5.51.090 $11
GMC section 9.22.370 Increase
Cannabis Fee Schedule
Community Benefit Agreement
Annual Regulatory Fee
Pre-License Site Inspection
* Replaces by Resolution fees formerly set by Ordinance.

Any requested service not covered by Master Fee Schedule will be charged actual cost at full cost recovery.

Full cost recovery = direct cost (personnel time & materials) + 35% overhead $241 $259
$144 $155
(Deposit of $2,500)
$60
$12
$65
$13
$30 $32
$241 $259
$30 $32
$300 $323
$300 $323
Full cost recovery Full cost recovery
(Deposit of $2,500)
$3,013
$19,904
$1,600
Current Fee Proposed Fee
$30 $32
Full Cost Recovery
$300 $323
Special Fees Related to Business Taxes, Licenses, and
Regulations (Title 5 of Muni. Code)* Current Fee Proposed Fee Full cost recovery
$120 $129
$18
$129
$19
$120
$60 $65
ATTACHMENT 2

Guadalupe City CouncilFebruary 14, 2023

Guadalupe City Council
February 14, 2023