Guadalupe City Council
February 28, 2023

February 28, 2023 City of Guadalupe Council Meeting Agenda Page 1 of 5 City of Guadalupe
AGENDA
Regular Meeting of the Guadalupe City Council
Tuesday, February 28, 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 28, 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
February 28, 2023 City of Guadalupe Council Meeting Agenda Page 2 of 5

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
• Swearing-in Josue Ramirez, Police Officer
• Recognizing Firefighter of the year – Guadalupe Reyes, Fire Engineer

6. PRESENTATION
• Family Service Agency -The Little House by the Park, Sam Duarte

7. 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.

8. 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 20, 2023.

C. Approve the Minutes of the City Council special meeting of February 14, 2023.

D. Approve the Minutes of the City Council regular meeting of February 14, 2023.

E. Adopt, on the second reading, Ordinance No. 2023-508 amending the City’s Commercial Cannabis Business Ordinance (Guadalupe Municipal Code Chapter 9.22).

F. Adopt Resolution No. 2023-12 authorizing the Mayor to execute a construction contract with WM Lyles Co. for the Highway 1 lift station replacement project, and to execute a contract with Wallace Group for inspection services on this project.

G. Approving the Recreation and Parks Dodgeball Tournament.

February 28, 2023 City of Guadalupe Council Meeting Agenda Page 3 of 5 H. MONTHLY REPORTS FROM DEPARTMENT HEADS

1. Public Safety Department:
a. Police Department report for January 2023
b. Fire Department report for January 2023
c. Code Compliance report for January 2023

2. Human Resources report for January 2023

3. Recreation and Parks report for January 2023

9. CITY ADMINISTRATOR REPORT: (Information Only)

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

PUBLIC HEARING

11. Measure A Local Program of Projects.

Written report: Shannon Sweeney, Public Works Director/City Engineer Recommendation: That the City Council adopt Resolution No. 2023-13 approving the 2023/2024 through 2027/28 Measure A Local Program of Projects for the City of Guadalupe.

REGULAR BUSINESS

12. Mid-Year Review of Council-adopted goals and FY 2022-23 Budget.

Written report: Robert Perrault, Interim Finance Director & Janice Davis, Finance Director Recommendation: That the City Council review the information presented in the Mid-Year FY22- 23 review of goals and budget and provide direction to staff to proceed with budget adjustments to the various funds as recommended.

13. Approving list of veterans’ names for new streets and parks.

Written report: Shannon Sweeney, Public Works Director/City Engineer Recommendation: That the City Council adopt Resolution No. 2023-14 approving the submission of the recommended list of names of veterans to the Pasadera development for use in naming streets and parks.

14. Request for funding for recruitment and hiring of two (2) Police Officers, one (1) Police Sergeant, and an Emergency Preparedness Coordinator.

Written report: Michael Cash, Director of Public Safety Recommendation: That the City Council approve the recruitment and hiring of two (2) police officers, one (1) police sergeant, and an emergency preparedness coordinator for the Guadalupe Department of Public Safety.

February 28, 2023 City of Guadalupe Council Meeting Agenda Page 4 of 5

15. Further consideration of a (revised) proposed ordinance adding Chapter 8.80 to the Guadalupe Municipal Code entitled “Vacant Commercial Property Registration and Property Maintenance” relating to the required registration and maintenance of vacant commercial buildings.

Written report: Philip F. Sinco, City Attorney
Recommendation: That the City Council introduce Ordinance No. 2023-507 the “Vacant Commercial Property Registration and Property Maintenance” on first reading as revised since the meeting of January 24, 2023, and continue it to the meeting of March 14, 2023, for second reading and adoption.

16. Appointment of Councilmembers to various boards and committees.

Written report: Todd Bodem, City Administrator
Recommendation: That the Mayor nominate, and the City Council ratify the Mayor’s nominations, having to do with appointments to various boards and committees which require Council representation.

17. FUTURE AGENDA ITEMS

18. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS

19. ADJOURNMENT TO CLOSED SESSION MEETING

CLOSED SESSION

20. Conference with Legal Counsel – Existing Litigation Subdivision (d)(1) of Government Code Section 54956.9
Name of case: Central Coast Water Authority, et al. v. Santa Barbara County Flood Control and Water Conservation District, et al., Superior Court of California, County of Santa Barbara, Case No. 21CV02432

21. Conference with Legal Counsel – Anticipated Litigation Initiation of litigation pursuant to Government Code Section 54956.9(d)(4):
1 case

22. ADJOURNMENT TO OPEN SESSION MEETING

23. CLOSED SESSION ANNOUNCEMENTS

24. ADJOURNMENT
February 28, 2023 City of Guadalupe Council Meeting Agenda Page 5 of 5 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 24th day of February 2023.
______________________________
Todd Bodem, City Administrator

PROPOSED FUTURE CITY COUNCIL AGENDA ITEMS
Council Meeting: Date and Subject Department Agenda Category City Council & Recreation Joint Meeting
Facility Fee Schedule Recreation & Parks Dept. Workshop Tuesday, March 14, 2023, at 6:00 pm / Regular Meeting
Amendment to La Guardia townhomes CUP Public Works Department Consent Calendar Final Budget Adjustments FY 22-23 Finance Department Consent Calendar Second Reading Ordinance No. 2023-507 City Attorney Consent Calendar Consistency Rezone and Title 18 clean up Planning Department Public Hearing Resolution to correct adopted Land Use Diagram Planning 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 Tuesday, April 11, 2023, at 6:00 pm / Regular Meeting
Donate Life Month Proclamation Ceremonial Calendar
Child Abuse and Sexual Assault Awareness Month Ceremonial Calendar Other Unscheduled Items Proposed
Date of Item
Department Agenda Category
Tree Ordinance Public Works New Business
Sidewalk Vending Ordinance Planning Department 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
Todd Bodem
Family Service Agency
Samuel Duarte, Director Raquel Valerio, Community Liaison Mireya Piña, Supervisor Eunice Valle, Family Advocate
The Little House by the Park
Agenda Item No. 6
● Case Management
● Community Engagement Coordinator
○ Guadalupe Community Changers
■ Guadalupe Parent Academy
■ Guadalupe Reading Festival
■ Zumbaton de Color Fundraiser
■ Language Access
■ School Bus Stops
■ LCAP Parent Engagement
■ Health & Wellness
■ Civic/GUSD Board Engagement
Little House by the Park
2022 September 16 Guadalupe Parade & Celebration
“Neither love nor terror makes one blind: indifference makes one blind” - James Baldwin “
“
“
“
Family Support Services
Child Abuse and Neglect Program (CAN)
❖Case management
❖Educational programs
◦ Strengthening Families Program
◦ Nurturing Skills for Families
Parent Engagement Program
❖Guadalupe Community Changers
Health and Human Services
❖Case management
❖Educational programs
◦ Connected Couples, Connected Families
◦ Dedicated Dads
Raquel Valerio
Family Advocate
Child Abuse and Neglect Prevention Program (CAN)
❖Link families to support services to reduce stress in
order to improve family dynamics and prevent child
abuse and neglect among children.
❖Case Management
❖Basic Needs
❖Health Education
❖Translating Services
❖Provide Moral Support

EUNICE VALLE
Parent Engagement Program
Guadalupe Community Changers
❖ Parent-led organization established in 2010
❖Advocate and promote:
❖ Fair Housing Mobilization Project
❖FRESA- Food Equity
❖Guadalupe Parent Academy
❖Community Education
❖Parent Involvement in Schools Project
❖Parents Against Bullying
❖City Council
Mireya Piña
Guadalupe Reading Festival
❖The Guadalupe Reading Festival is a yearly festival that encourages parents to read or tell stories to their children, and teaches parents leadership skills as they develop and coordinate the event in collaboration with the Guadalupe Union School District.

Guadalupe Community Clean-up’s
2021
❖12 month commitment to removing trash from
the streets of Guadalupe.
❖Goal: To present the city council with a powerful
case to demonstrate the urge for additional trash
and recycling bins throughout the city.
❖Climate change information
❖Volunteer opportunities
❖Community involvement
Mireya Piña
Fair Housing Mobilization Project
❖Sponsored by the Fund for Santa Barbara
❖Goal: Support educational workshops
around fair housing, tenant rights, and
affordable housing advocacy.
❖So far, the Community Changers have
connected with Santa Barbara Tenants
Union to learn more about their advocacy
and organizing efforts.
❖Three
Mireya Piña
Monthly Meetings
Guadalupe Community Changers
Board Meeting - 1st Thursday of the
month (1.5 hrs)
Community Changers share community
concerns and identify areas of focus for
the month.

Monthly Meetings
Community Organising and Planning
Meeting - Second Tuesday of the month
(1.5 hrs)
Share news, concerns, sign up for leadership
opportunities.

Monthly Meetings
Fair Housing Committee Meeting -
3rd Tuesday of the month (1.5 hrs)
Comparte tus preocupaciones de
vivienda, organiza, y encuentra apoyo.

PARENT NIGHT

Agenda Item No. 8B

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of February 28, 2023
Prep�.

Veronica Fabian
Finance Account Clerk
Revle ed by:

Angi Pereyra-Leon
Accounting Supervisor
Approved by:

Todd Bodem
City Administrator
SUBJECT:

RECOMMENDATION:

Payment of warrants for the period ending February 20, 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 March 1, 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, 1
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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February 14, 2023 Special Joint Meeting of the Guadalupe Council and the Recreation & Parks Commission Page 1 of 2

MINUTES
City of Guadalupe
Special Joint Meeting of the Guadalupe City Council
and the Recreation and Parks Commission
Tuesday, February 14, 2023, at 4:00 pm
City Hall, 918 Obispo Street, Council Chambers
City Council: Recreation Commission:

Council Member Christina Hernandez Commissioner Chair Joseph Harris (Absent) Council Member Gilbert Robles Commissioner Enrique Ortiz (Absent) Council Member Megan Lizalde (Absent) Commissioner Emily Dreiling (Absent) Mayor Pro Tempore Eugene Costa Jr. Commissioner Michael Jimenez (Absent) Mayor Ariston Julian Commissioner Trevor Lamberson (Absent)

1. PLEDGE OF ALLEGIANCE

2. 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.

Nobody was present to speak during the Community Participation Forum.

REGULAR BUSINESS

3. MANDATED PUBLIC ETHICS TRAINING FOR GOVERNMENT OFFICIALS (AB 1234).

Ms. Wendy Stockton, Assistant Attorney from the law firm Jones Mayer provided city staff, the city council and the recreation and parks commission their mandated public ethics training for government officials (AB 1234). Afterwards, those present signed the certification to be filed in the Human Resources Office.

4. ADJOURNMENT
Motion was made by Mayor Julian and seconded by Council Member Robles to adjourn. 4-0 Motion passed. Meeting adjourned at 5:58 p.m.

Agenda Item No. 8C
February 14, 2023 Special Joint Meeting of the Guadalupe Council and the Recreation & Parks Commission Page 2 of 2 Prepared by: Approved by:
_______________________________ _______________________________ Todd Bodem, Deputy City Clerk Ariston Julian, Mayor
February 14, 2023 City of Guadalupe Council Meeting Minutes Page 1 of 8

MINUTES
City of Guadalupe
Regular Meeting of the Guadalupe City Council
Tuesday, February 14, 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 (Absent)
Mayor Pro Tempore Eugene Costa Jr.

Mayor Ariston Julian
The meeting was called to order at 6:00 p.m. Four (4) were present. One (1) absent.

2. PLEDGE OF ALLEGIANCE
The Mayor, City Council, Staff, and Public stood up for the Pledge of Allegiance.

3. MOMENT OF THANKS, APPRECIATION OR CONDOLENCES.

Mayor Julian provided a message of condolence to those people in Turkey and Syria harmed by the devastating earthquakes. He also mentioned the passing of Chief Warrant Officer 4, Henry Chino Leon, a proud U.S Army veteran, passed away on January 17th, 2023, at the age of 74.

Henry was born in Santa Maria, Ca and raised in Guadalupe, Ca. He enlisted into the United States Army in 1967 and served his country honorably in the Vietnam War. He ended his military career with the California State Military Reserves where he earned the rank of CW4. The mayor expressed his condolences to the family.

4. AGENDA REVIEW
There were no changes to the order of the agenda.

5. CEREMONIAL CALENDAR
• Recognizing Firefighter of the year – Guadalupe Reyes, Fire Engineer. Fire Engineer Reyes was not able to attend the ceremony recognizing him as Firefighter of the year; hence, he will be recognized at the February 28, 2023, City Council meeting.

Agenda Item No. 8D
February 14, 2023 City of Guadalupe Council Meeting Minutes Page 2 of 8 • Public Safety Director, Michael Cash opened the proceedings in recognition of Officer of Year Omar Ruiz. Mayor Julian and Council Member Robles commended Officer Ruiz and mentioned that he was present helping the citizens displaced from their homes during the January 9th storms.

Officer Omar Ruiz expressed his appreciation for the Mayor who helped during the flood. Mr.

Ruiz was very thankful.

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.

Ms. Jeanne Mello was present on behalf of Ms. Shirley Boydstun’s letter which stated in part: Thank you for praising the Guadalupe community for coming together on the 9th and 10th of January to help the flooded-out people (“The little town that could,” Jan. 10).

Since this flooding occurs periodically (as the mayor said, four times in 30 years) it should behoove the county, the state, and the feds to get a levee in place to stop this from happening. The (now) levee stops at the railroad bridge and is only earthen land aided by willows from then on under the Highway 1 crossing over the Santa Maria River and on out to the ocean. The city has been asking for this for years.

The lease that could be done is to channel the river to keep it from free-flowing side to side and breaking through earthen berms the farmers put there to help with the usually heavy rains the end of December, through January and February.

As a longtime resident (native to Guadalupe), I and many others will keep repeating the mantra that the area needs a real levee.

Ms. Mello then proceeded to say that the city needs a ‘real’ communication system to inform the public of fundraisers, events, etc. and suggested that the city develop Quarterly newsletters, etc.

Ms. Kelly Cable stepped up the podium as one of the replaced flood victims and said the city should work on a letter to various retail establishments in Santa Maria asking them to provide direct donations from their stores to those in need. Mayor Julian expressed his empathy to Ms. Cable’s loss.

Ms. Frances Romero recognized Officer Ruiz for him being officer of the year. She stated concerns about the employees leaving the city and thinks more should be done on retention and recruitment.

She questioned the certain salaries and will be extracting information from transparent California and return to show city staff pay.

February 14, 2023 City of Guadalupe Council Meeting Minutes Page 3 of 8 Mr. Albert Nunez Jr. informed the City Council that the project The Rancho de Guadalupe Historical Society presents the ‘Heritage on Display’ Project. For almost 150 years, this town has been home to people with beautifully diverse backgrounds from Native Americans to immigrants from China, Japan, Mexico, the Philippines, Italy and even more. Through installed displays, the project will spotlight individuals and groups/organizations that have been part of Guadalupe’s legacy as a richly diverse community. For this pilot year, the project will focus on these months and populations: March National Women’s History Month May Asian American and Pacific Islander Heritage Month September National Hispanic Heritage Month October Filipino American History Month November National Native American Heritage Month the goals 1. Present and preserve the diverse stories of the town’s residents. 2. Foster a continued interest in Guadalupe’s history. The plan Phase I will include displays of text and images in City Hall’s display case. Content will be loaded in at the first of the month and removed at the end of the month (exact dates are flexible). Phase II consists of developing multimedia pieces that support the main display (for example, an QR code could link to interviews with descendants). We are excited to present this project to the community and look forward to its continued development! Please refer all questions to: Albert Nunez Jr., board member, Mr. Jerry Kaufman talked about the Vietnam replica wall that heals event to be held at Madonna Meadows in San Luis Obispo, March 16-19, 2023.

Mr. Deek Segovia said that it is difficult having access to certain rooms in the Veterans Memorial building.

Mr. Joshua Madrigal expressed his concerns about the lack of economic vitality in Guadalupe.

Ms. Alma Pereyra was present to share with her concern about accidents near the Escalante Meadows area and requested speed limit, stop signs, speed bumps, and flashing lights be implemented.

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.

February 14, 2023 City of Guadalupe Council Meeting Minutes Page 4 of 8 The City Attorney recommended that he make some minor amendments to the ordinance and come back to Council at the next meeting.

Motion was made by Mayor Pro Tempore Costa Jr. and seconded by Council Member Robles to pull/move agenda item E. to the February 28, 2023, City Council meeting for a first read consideration. 4-0 Motion passed.

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).

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 Motion was made by Mayor Pro Tempore Costa Jr. and seconded by Council Member Robles to approve the balance of the Consent Calendar (A, B, C, D, F, G, AND H). 4-0 Motion passed.

8. CITY ADMINISTRATOR REPORT: (Information Only)
City Administrator Todd Bodem said that the Building Inspecter, David Rose, heard about a complaint from an area resident who witnessed excessive dust on February 13th for the Escalante Meadows project. According to Rose, there is no dust originating from this project onto any structures within sight. Rose stated that here is a fire hose on the demo of this concrete masonry unit duplex apartment. The company doing the demo is a textbook example of how to do a demo and they have about 5 more to go before demo is complete.

Bodem also mentioned that the RERC workshop is scheduled for April 12-13. Time to be determined.

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

Public Safety Director Michael Cash provide a verbal report about the following.

POLICE
• Spoke with traffic accident family from 11th and Semis about making their area safer.

Working on solutions
February 14, 2023 City of Guadalupe Council Meeting Minutes Page 5 of 8 • Spoke about police officer staffing challenges. Will bring back to City Council in a Staffing Report
FIRE
• Advised that the Impact Study Fee research firm has been selected and is working on the project.

EMERGENCY PREPAREDNESS
• Met with CalOES to discuss completing paperwork for city reimbursement of housing funds for flooding displaced residents.
• The Pioneer Street Flooding. After-Action Report will be completed soon and presented to City Council.
• ONE805 fundraising group, approved a grant to the City of Guadalupe for $41,100 dollars to purchase a generator.

Mayor Julian mentioned several volunteer groups during the storm event and that we learned a lot from this devastation. He said told everyone about the Saturday, February 18 fundraiser the Le Roy Park from 11 a.m. to 4 p.m.

Council Member Robles talked at length about public safety recruitment and retention and realizes something must be done about the mystery puzzle.

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 and verbal report was given by Bill Scott, Contract City Planner, to endorse a ministerial wall-mounted sign for the Vietnam Veterans of America, Chapter 982 at the Veterans Memorial Building, 1005-1025 Guadalupe Street.

There were several Vietnam Veterans present endorsing the sign and significant discussion about sign location and placement. Council was highly enthusiastic about the sign and Chapter 982 having a presence.

Motion was made by Council Member Hernandez and seconded by Council Member Robles 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. 4-0 Motion passed.

February 14, 2023 City of Guadalupe Council Meeting Minutes Page 6 of 8

11. Main Street/Obispo intersection traffic issues.

Written and verbal report was provided by Shannon Sweeney, Public Works Director/City Engineer that recommends 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.

Motion was made by Mayor Pro Tempore Costa Jr. seconded by Council Member Hernandez to endorse and allow staff to focus on traffic control at the four-way intersection of Obispo and 4th Street. 4-0 Motion passed.

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

Written and verbal report was provided by Michael Cash, Director of Public Safety, seeking direction from the City Council to provide direction to staff concerning a traffic and parking plan that addresses congestion in the morning and afternoon hours near Mary Buren Elementary School because of student drop-offs and pickups.

Significant discussion ensued which ultimately let a consensus of the City Council to form a City / School Subcommittee to help study and resolve the perceived conflicts concerning traffic and parking at the school and city.

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 and verbal report was provided by Philip Sinco, City Attorney for the introduction of the Ordinance No. 2023-508 amending the City’s Commercial Cannabis Business Ordinance (Guadalupe Municipal Code Chapter 9.22).

Moton was made by Mayor Pro Tempore Costa Jr. and seconded by Council Member Robles 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. 4-0 Motion passed.

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

Written report was provided by Todd Bodem, City Administrator. City Attorney Philip Sinco provided a verbal update from the report recommending that the City Council adopt Resolution No. 2023-11 amending the Master Fee Schedule for cannabis community benefit agreement, regulatory and prelicense fees for business issued a commercial cannabis business permit.

February 14, 2023 City of Guadalupe Council Meeting Minutes Page 7 of 8 Moton was made by Mayor Pro Tempore Costa Jr. and seconded by Council Member Hernandez to adopt Resolution No. 223-11 Amending the Master Fee Schedule for cannabis community benefit agreement, regulatory and pre-license fees. 4-0 Motion passed.

15. FUTURE AGENDA ITEMS
Nothing added or deleted.

16. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS
Mayor Julian met with Caltrans about a significant list of items they address at their meetings.

Council members made an announcement about the Father/Daughter Dance scheduled for Saturday, February 18th from 6:30 p.m. to 8:30 p.m. Register by February 15th @ 5 p.m.

17. ADJOURNMENT TO CLOSED SESSION MEETING
Moton was made by Mayor Pro Tempore Costa Jr. and seconded by Council Member Hernandez to adjourn into to closed session meeting at 8:23 P.M. 4-0 Motion passed.

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
Moton was made by Mayor Pro Tempore Costa Jr. and seconded by Council Member Hernandez to adjourn into to open session meeting at 9:27 p.m. 4-0 Motion passed.

21. CLOSED SESSION ANNOUNCEMENTS
No Reportable Action was noted from closed session.

22. ADJOURNMENT
Moton was made by Mayor Pro Tempore Costa Jr. and seconded by Council Member Robles to adjourn at 9:28 p.m. 4-0 Motion passed.

February 14, 2023 City of Guadalupe Council Meeting Minutes Page 8 of 8 Prepared by: Approved by:
____________________________________ ____________________________________ Todd Bodem, Deputy City Clerk Ariston Julian, Mayor

Agenda Item No. 8E

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of February 28, 2023

_______________________________ _______________________________ Prepared by: Approved by:

Philip F. Sinco, City Attorney Todd Bodem, City Administrator SUBJECT: Second Reading and Adoption of Ordinance No. 2023-508.

RECOMMENDATION:

That the City Council adopt, on the second reading, Ordinance 2023-508 amending the City’s Commercial Cannabis Business Ordinance (Guadalupe Municipal Code Chapter 9.22).

BACKGROUND:

The City Council introduced Ordinance No. 2023-508 at its meeting on February 14, 2023. This constitutes the second reading of the ordinance.

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.”
Philip F. Sinco
Ordinance No. 2023-508

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

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.

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

Ordinance No. 2023-508

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.

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.

Ordinance No. 2023-508

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 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 Ordinance No. 2023-508

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 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.

Ordinance No. 2023-508

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. 2021-494. 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 Council, Ordinance No. 2023-508 requires discretionary review is required by the City Council for Ordinance No. 2023-508

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: EUGENE COSTA JR. / GILBERT ROBLES
AYES: 4 Councilmembers: Costa Jr., Hernandez, Julian, Robles NOES: 0
ABSENT: 1 Councilmember: Lizalde
ABSTAINED: 0
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:

NOES:

ABSENT:

ABSTAINED:

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

Agenda Item No. 8F

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of February 28, 2023
_______________________________ _________________________________ Prepared by: Approved by:

Shannon Sweeney, Todd Bodem, City Administrator
Public Works Director / City Engineer
SUBJECT: Authorize Contracts for the Highway 1 Lift Station Project and Related Inspection Services RECOMMENDATION:

That the City Council adopt Resolution No. 2023-12 authorizing the Mayor to execute a construction contract with WM Lyles Co. for the Highway 1 Lift Station Replacement Project, and to execute a contract with Wallace Group for inspection services on this project.

DISCUSSION:

The 2014 Wastewater Master Plan identified the need to replace the Highway 1 Lift Station.

On January 6, 2023, the City solicited a Request for Quote for the Highway 1 Lift Station Project, and a Request for Proposal for inspection services for this project. Both were sent to a list of potential bidders, made available on the City’s website and advertised in the Santa Maria Times. The deadline was 2:00 to receive bids and 3:00 to receive proposals, February 7, 2023.

The City received three construction bids, ranging from $1,432,650.00 to $2,788,000.00. The lowest construction bid, from WM Lyles Co., was found to be responsive and meet the City’s needs.

Staff recommends awarding the construction contract to WM Lyles, Co. for a total of $1,432,650.00. It is also recommended to authorize the City Administrator to approve contract change orders during construction up to 15% over the contract amount if deemed necessary.

The City received three inspection proposals ranging from $94,614.00 to $160,710.00. The proposal from Wallace Group was found to be comprehensive and meet the City’s needs. In addition, Wallace Group has been the inspector on two successful wastewater capital projects within the last two years.

Staff recommends awarding the inspection services contract to Wallace Group for a total of $94,614.00.

It is also recommended to authorize the City Administrator to approve contract change orders during the project up to 15% over the contract amount if deemed necessary.

Shannon Sweeney

Please note that the City has worked with both the construction and engineering firms on previous projects successfully.

FISCAL IMPACT:
$1,200,000.00 was budgeted in the FY 2022 – 23 budget for this project. The base bid for construction ($1,432,650.00) and inspection services ($94,614.00), totaling $1,527,264, is above the budgeted amount. However, cash balance in the wastewater fund as of January 31, 2023 is $2,505,993.93.

The 2021 Comprehensive Utility Rate Study (Rate Study) acknowledged that the City would fall below desired wastewater fund reserves of $1.5 million between 2022 and 2024 as it proceeded to complete overdue capital projects, including the Trunk Main Replacement Project (completed), Effluent Pump Station Replacement Project (nearly complete), Highway 1 Lift Station replacement, and Pioneer Lift Station replacement. Rates were set such that adequate reserves would be restored starting in 2025, after these projects were complete. The Rate Study included $1.1 million for the Highway 1 Lift Station Replacement Project, and $930,000.00 for the Pioneer Lift Station replacement, for which the City recently received an unanticipated $989,000.00 grant. It is because of the Pioneer Lift Station Replacement Project grant that staff feels comfortable recommending that Council receive with approval of this project despite the fact it exceeds the budgeted amount.

Note that the cost of the project if the full contingency is exercised is $1,756,353.60.

ATTACHMENTS:

1. Resolution No. 2023-12

2. Bid Results

3. Agreement, Construction

4. Agreement, Inspection Services

RESOLUTION NO. 2023-12

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE APPROVING A CONTRACT WITH WM LYLES, CO. FOR THE HIGHWAY 1 LIFT STATION REPLACEMENT

PROJECT AND AN AGREEMENT WITH WALLACE GROUP FOR CONTRACT INSPECTION SERVICES ON

THIS PROJECT
WHEREAS, the City of Guadalupe published a Notice Inviting Bids for the Highway 1 Lift Station Replacement Project and a Notice Inviting Proposals for inspection services on this project on January 6, 2023, in compliance with Guadalupe Municipal Code section 4.04.070; and, WHEREAS, the City of Guadalupe received three bids for the construction of the Highway 1 Lift Station Replacement Project, which was opened on February 7, 2023, at 2:00 PM; and, WHEREAS, the construction bids, ranged from $1,432,650.00 to $2,788,000.00, and the lowest bid, from WM Lyles, Co., in the amount of $1,432,650.00, was found to be responsive and meet the City’s needs; and
WHEREAS, Staff recommends awarding the construction contract to WM Lyles, Co.; and WHEREAS, Staff solicited informal proposals to provide contract inspection services for this construction project and received three proposals for these services ranging from $94,614.00 to $160,710.00; and WHEREAS, the lowest inspection proposal, from Wallace Group, was determined to meet the City’s needs and the City has worked successfully with this inspector on previous sewer projects.

WHEREAS, Staff recommends awarding the inspection services contract to Wallace Group for a total of $94,614.00.

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

SECTION 1. The Mayor to sign a construction contract with WM Lyles, Co. on behalf of the City in the amount of $1,432,650.00, a copy of which is attached to the staff report for this item.

SECTION 2. The Mayor to sign an agreement with Wallace Group on behalf of the City in the amount of $96,614.00 for contract inspection services, a copy of which is attached to the staff report for this item.

SECTION 3. The City Administrator is authorized to approve change orders to each of these contracts during construction up to 15% of the bid prices, if deemed necessary.

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

In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.

ATTACHMENT 1

PASSED, APPROVED AND ADOPTED at a regular meeting on the 28th 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. 2023-12, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held February 28, 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
Bid Results - Highway 1 Lift Station Replacement Project -Construction ATTACHMENT 2
Bid Results - Highway 1 Lift Station Replacement Project Inspection Services ATTACHMENT 2
ATTACHMENT 3

ATTACHMENT 4

Agenda Item No. 8G

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of February 28, 2023
_Hannah Sanchez_______________ __________________________________ Prepared by: Approved by:

Hannah Sanchez, Recreation Services Manager Todd Bodem, City Administrator SUBJECT: Recreation and Parks Dodgeball Tournament
RECOMMENDATION:

To review the Dodgeball Tournament content and price thereof to approve for commencement of the program.

BACKGROUND:

As the Recreation and Parks Department continues to expand its programming, the Recreation Services Manager is trying to identify programs that can include all ages. Co-ed programming can cause difficulties for teams as there are a required number of females and males that need to participate on a team in order to play and make competition fair. Dodgeball is a no contact sport and with the right equipment and division of ages can be played by everyone.

DISCUSSION:

The Dodgeball Tournament proposal is as follows:
• Dodgeball Tournament
o Number of participants on roster
 Minimum: 8
 Maximum: 12
o Participant Ages: 7+
o Date: Saturday, March 25th
o Location: City Hall Auditorium
o Registration Fee per Team
 See Attachment 1 for breakdown of price by division
o Registration Timeline
 Opens: March 1st
 Deadline: March 22nd
o Volunteer Referees

The proposed registration fees were created based on the following costs: administrative time, staff time, and game supplies. The fee is set per team. To encourage youth to play, Divisions I – III (Ages 7-14) were calculated to be lower than that of high school and older divisions.

A minimum of four (4) teams per division would be needed to run the tournament. However, if some divisions have more sign ups than others, if necessary, some divisions can be combined or canceled depending on participation in that specific division at the discretion of the Recreation Services Manager.

A roster would require at least eight (8) individuals and no more than 12. A team manager would need to be established to start a team. It would be the team manager’s responsibility to complete the team entry/roster form. The team manager would be responsible for collecting the registration fee and participation waivers from all members on the roster and submit them to the Recreation Services Manager.

Individuals that would like to participate that do not have a team would submit a free agent sign-up form to the Recreation Services Manager. After receiving the form, the Recreation Services Manager would then add the individual to an existing team and give the manager of that team the individual’s contact information.

FISCAL IMPACT:

The registration fees are structured to cover all costs associated with the program.

ATTACHMENTS:

1. Dodgeball Tournament Cost Breakdown

Location Date
Auditorium 03.25.2023
Expenses
per item # of items total
Whistles (6 pack) $ 20.00 1 $ 20.00
Dodgeballs $ 55.00 2 $ 110.00
Trophies $ 9.99 10 $ 110.00
Staff
hrs rate total
Rec Services Manager 20 $ 44.50 $ 890.00
Coordinator 5 $ 25.52 $ 127.60
Building Attendant 4 $ 17.00 $ 68.00
Gym Clean Up 2 $ 29.81 $ 59.62
total expenses $ 1,385.22
Divisions by Age Needed # of teams Cost per team Total
Division I Ages 7-8 4 $58 $232
Division II Ages 9-11 4 $58 $232
Division III Ages 12-14 4 $58 $232
High School Division Grades 9 - 12 4 $78 $312
Adult Division 18+ 4 $96 $384
$1,392
ATTACHMENT 1

GUADALUPE POLICE DEPARTMENT

MONTHLY ADMINISTRATIVE OPERATIONAL DATA SUMMARY
PART I: CRIMES

TYPE OF CRIMES

REPORTED CLEARED REPORTED CLEARED REPORTED CLEARED REPORTED CLEARED 187 PC HOMICIDE 0 0 0 0 0 0 0 0
261 PC RAPE 0 0 0 0 0 0 0 0
211 PC ROBEBRRY 0 0 0 0 0 0 0 0
242/245 PC ASSAULT 3 3 3 3 3 3 3 3
459 PC BURGLARY 4 1 0 0 4 1 0 0
484/487 PC THEFT 4 0 6 1 4 0 6 1
10851 VC VEH THEFT 3 0 0 0 3 0 0 0
451 PC ARSON 0 0 0 0 0 0 0 0
TOTAL 14 4 9 4 14 4 9 4
PART II: REPORTED CRIMES

REQUEST FOR SERVICE

TOTAL REPORTS TAKEN

TOTAL REQUEST FOR SERVICE

TOTAL ACTIVITY FOR THE MONTH

DOMESTIC VIOLENCE REPORTS

TOTAL PROPERTY STOLEN

TOTAL PROPERTY RECOVERED
PART III: ARREST SUMMARY

OFFENCES

ADULTS JUVENILES ADULTS JUVENILES ADULTS JUVENILES ADULTS JUNENILES FELONY 5 0 1 0 5 0 1 0
MISDEMINOR 6 0 8 0 6 0 8 0
TOTAL 11 0 9 0 11 0 9 0
23152(a&b) VC ARREST

WARRANT ARREST
NOTE: DUI AND WARRANT DATA ARE INCLUDED IN ABOVE ARREST TOTALS 1 0
2 THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE

THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE 56 184
240
2 $3,780.00
$0.00
54 197

THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE MONTH OF JANUARY 2023
251
3 $4,318.00
$0.00
56 184
240
2 $3,780.00
$0.00
54 197
251
3 $4,318.00
$0.00
0 1
0 2
0 Agenda Item No. 8H 1a.

GUADALUPE POLICE DEPARTMENT

MONTHLY ADMINISTRATIVE OPERATIONAL DATA SUMMARY
PART IV: NARCOTIC ACTIVITY

TYPE OF NARCOTICS

REPORTED CLEARED REPORTED CLEARED REPORTED CLEARED REPORTED CLEARED HEROIN 0 0 0 0 0 0 0 0
COCAINE 0 0 0 0 0 0 0 0
METHAMPHETAMINE 0 0 0 0 0 0 0 0
MARIJUANA 0 0 0 0 0 0 0 0
PARAPHERNALIA 0 0 0 0 0 0 0 0
TOTAL 0 0 0 0 0 0 0 0
PART V: SPECIAL DATA

OFFICER ASSULTED

INJURY ON DUTY
ADDITIONAL INFORMATION:

STAFFING: 1 POLICE CHIEF FILLED
1 POLICE LIEUTENANT FILLED
2 POLICE SERGEANTS 1 UNFILLED POSITION
2 AIRPORT POLICE OFFICER FILLED
10 POLICE OFFICERS 4 UNFILLED POSITIONS
3 OFFICE STAFF PERSONNEL 2 FULL TIME FILLED/1 TEMPORARY POSITION FILLED 5 RESERVE POLICE OFFICERS 5 UNFILLED POSITIONS
1 COMMUNITY SERVICE TECHNICIAN FULL TIME POSITION UNFILLED 1 EVIDENCE TECHNIAN 1 UNFILLED POSITION
2 POLICE VOLUNTEERS 2 UNFILLED
COMMENTS:

THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE MONTH OF JANUARY 2023

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

GUADALUPE FIRE DEPARTMENT
TO: PUBLIC SAFETY DIRECTOR, MICHAEL CASH
FROM: CAPTAIN PATRICK SCHMITZ
SUBJECT: MONTHLY SUMMARY OF CODE ENFORCEMENT CASES
January 1, 2023 – January 31, 2023
DATE: 02/01/2023
CALLS FOR SERVICE January 2023
INCIDENT TYPE This
Month
Last
Month
Year to Date
(2022-2023)
Year to date
(2021-2022)
Medical 38 38 231 244
Structure Fire 0 1 2 0
Cooking Fire 0 0 0 4
Trash or Rubbish Fire 1 1 7 6
Vehicle Fire 0 0 2 4
Grass/Vegetation Fire 0 0 1 1
Other Fire 2 0 3 1
Motor Vehicle Accidents with Injuries 0 1 9 15
Motor Vehicle Accidents No Injuries 0 0 10 13
Motor Vehicle/Pedestrian Accident 0 0 4 0
Hazardous Materials Spill/Release 0 0 3 3
Hazardous Condition Other 3 4 11 7
Water Problem/Leak 1 1 4 3
Animal Problem 0 0 1 1
Search / Rescue 3 0 3 0
Public Assistance 0 5 13 22
Police Matter/Assistance 0 2 4 7
Illegal Burn 0 0 0 0
Smoke/CO Detector Activation 3 3 16 3
Dispatch and Canceled En-route 2 0 16 23
False Alarm 1 1 8 11
TOTAL 54 57 348 368
Additional Information
STAFFING: 1 Public Safety Director (Police/Fire Chief)
3 Fire Captains
3 Fire Engineers
0 Paid Call Firefighters 6 Position Vacant
Agenda Item No. 8H 1b.

Rev: 12/01/2022

GUADALUPE FIRE DEPARTMENT
Special Assignments / Coverage:
- Food Distribution (01/07)
- Peer Support (864 Guadalupe St) (01/12)
- Fire Drill (Mary Buren) (01/18)
CODE COMPLIANCE CASES ` January 2023
INCIDENT TYPE This
Month
Last
Month
Year to Date
(2022-2023)
Year to date
(2021-2022)
Business License (GMC 5.04.110) 0 0 0 2
Animal Nuisance (Odor, Noise) (GMC 6.04.100 (A, E)) 0 0 - - Fowl, Livestock, and Wild Animals (GMC 6.04.210) 0 1 2 - Residential Solid Waste Collection (GMC 8.08.070) 0 0 - - Litter Accumulation (GMC 8.12.020) 0 0 2 0
Burning Garbage Prohibited (GMC 8.12.150) 0 0 - -
Abatement of Weeds and Rubbish (GMC 8.16.010) 1 0 12 0
Discharge of Illegal Fireworks (GMC 8.24.020) 0 0 - -
Unlawful Property Nuisance (GMC 8.50.070) 0 0 - -
Graffiti Abatement (GMC 9.07.060) 0 0 - -
Parking of Large Vehicles / Trailers (GMC 10.24.190) 0 0 - - Abandoned Vehicles (GMC 10.36.010) 0 0 1 0
Portable/fixed basketball goals (GMC 10.48.050) 0 0 - - Address Number (GMC 15.08.020 (505.1)) 0 0 10 0
Illegal Garage Conversion 0 0 - -
Wall, Fence, or Hedge Requirements (GMC 18.52.121) 0 0 - - Damage Fence (GMC 18.52.125) 0 0 - -
Trailers / Mobile Homes as Living Space (GMC 18.56.030) 0 0 - - Parking on Front Yard Setback (GMC 18.60.040) 0 7 13 -
Landscape Maintenance Required (GMC 18.64.120) 0 0 - -
Working Without Permits (GMC15.04.020) 1 0 2 0
Complaints (No Violation Found) 0 0 6 5
Apartment Inspections 0 1 3 0
Yearly Business Inspections 1 2 47 22
Other 1 1 10 11
TOTAL 4 12 108 40
Complaints Received 0 0 7 9
Miscellaneous This
Month
Last
Month
Year to Date
(2022-2023)
Year to date
(2021-2022)
Visitors 44 40 196 172
Public Relations 3 3 43 27
School Visits 0 0 4 1

GUADALUPE CODE COMPLIANCE
TO: PUBLIC SAFETY DIRECTOR, MICHAEL CASH
FROM: CODE COMPLIANCE OFFICER, JOSUE MERAZ
SUBJECT: MONTHLY SUMMARY OF CODE ENFORCEMENT CASES
JANUARY 1, 2023 – JANUARY 31, 2023
DATE: 2/01/2023

CODE ENFORCEMENT CASES
INCIDENT TYPE This
Month
Last
Month
Year to Date
(2020-2021)
Prohibition of illicit discharge (GMC 13.24.050) 0 0 0
Animal Nuisance (Odor, Noise) (GMC 6.04.100 (A,E)) 2 0 2 Fowl, Livestock and Wild Animals (GMC 6.04.210) 0 0 0
Litter Accumulation (GMC 8.12.020) 1 0 1
Abatement of Weeds and Rubbish (GMC 8.16.010) 2 0 2
Burning Garbage Prohibited (GMC 8.12.150) 0 0 0
Unlawful Property Nuisance (GMC 8.50.070) 0 0 0
Graffiti Abatement (GMC 9.07.060) 0 0 0
Abandoned Vehicles/ Vehicle Covers (GMC 10.36.010) 0 0 0 Portable/fixed basketball goals (GMC 10.48.050) 0 0 0
Parking of large vehicles/trailers (GMC 10.24.190) 1 0 1 Wall,Fence,or Hedge Requirements (GMC 18.52.121) 0 0 0
Working Without Permits (GMC15.04.020) 0 0 0
Address Number (GMC 15.08.020 (505.1)) 0 0 0
Illegal Garage Conversion (GMC 18.08.120, 18.08.160) 0 0 0 Damage Fence (GMC 18.52.125) 0 0 0
Parking on Front Yard Setback (GMC 18.60.035) 2 0 2
Trailers/Mobile homes as living space (GMC 18.56.030) 1 0 1 Residential Solid Waste Collection (GMC 8.08.070) 0 0 0 Landscape Maintenance Required (GMC 18.64.120) 0 0 0
Discharge of illegal fireworks (GMC 8.24.020) 0 0 0
72hr Parking 2 0 2
Code 60 Citations 0 0 0
TOTAL 11 0 11
Complaints Received 5 0 5
Miscellaneous This
Month
Last
Month
Year to Date
(2020-2021)
Visitors 0 0 0
Public Relations (Food distribution, Covid Vaccination) 1 0 1 School Visits () 0 0 0
Agenda Item No. 8H 1c.

HUMAN RESOURCES MONTHLY REPORT
January 2023

RECRUITMENT
Finance
Finance Clerk (Part time) - Interviews for additional candidates occurred in January after candidate that was provided conditional job offer rescinded candidacy after offer was made. Position is projected to be filled by mid-late February.

Finance Director – Offer and acceptance for position occurred in January for start date officially on January 24. Interim Finance Director is scheduled to work last day in Early March.

Emergency Preparedness Coordinator
Second scheduled interview with Panel was scheduled to occur in late January.

Candidate withdrew from being considered after not responding to emails and calls to confirm interview. Public Safety Director wished to then interview an internal candidate who showed interest with applying over summer 2022 after assisting successfully in the EOC operations during the major rainstorms and flooding on January 9 & 10, 2023. Public Safety Director has also received a positive referral from the Santa Barbara Emergency Manager who also spoke with Internal Candidate to proceed with filling when position becomes available.

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

Police
One candidate completed all conditional pre-employment offers and is scheduled to start sometime in late February. A second candidate is scheduled to complete POST recertification class in Orange County in early February, and is being considered for our second Police Officer opening that is scheduled to be open in Late February as well.

Agenda Item No. 8H 2.

HR Monthly Report – January 2023

Public Works
The Public Works Intern position interviewed one candidate mid-January. Our Public Works Manager requested to reopen the Engineering Technician position previously approved by council for candidates after it was determined that the candidate for the intern met the minimum requirements for the Engineering Technician. Interviews are scheduled to wrap up by the end of January for filling the Engineering Technician position by late February / early March.

Recreation/Facilities
Third round of candidates were interviewed in December. Recreation and Parks Manager selected one candidate for providing conditional offer for employment who was turned down after providing a counteroffer. Position was then offered conditionally to the next top ranking, highly qualified candidate who accepted. Role is scheduled to be filled by early March.

Building Attendant position has been much slower in anticipation with receiving a small amount of applicants since being reposted in December. A few candidates are scheduled to be interviewed in January, with a proposal to City Council in February to combine temporary duties of Multimedia Assistant with Building attendant for guaranteed hours with an on-call position.

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

One claim ended the delay period with determination after appointment for a QME on 10/26/22 and follow-up questions were answered by the appropriate people. It was determined in January that 4850 benefits would be back-awarded to the middle of June 2022.

HR Monthly Report – January 2023

COVID
• No employees reported testing positive for the month of January. The City is still following the protocols and procedures from Santa Barbara County Public Health Department.
• At the end of January, Santa Barbara case rate per 100,000 is at 9 cases. In San Luis Obispo County case rate per 100,000 is at 8.
• Face masks are always recommended in indoor public transportation settings and may be required in other places by local and state authorities. People may choose to wear a face mask at any time.
• Guidelines for the required use of face masks elsewhere is now based on COVID-19 CDC Community Levels and will help determine masking guidance and other precautionary measures to consider when Santa Barba or San Luis Obispo Counties are at low, medium, or high levels.

RECREATION AND PARKS MONTHLY REPORT
For January 2023
Summary of Rentals/Usage for City Facilities & Parks

FACILITY THIS MONTH THIS MONTH

LAST YEAR
THIS YEARTO-DATE
(FY 22/23)
LAST YEARTO-DATE
(FY 21/22)
Auditorium/Gym 22 0 129 48
O’Connell Park 0 1 55 24
LeRoy Park 0 0 35 1
Senior Center 26 6 154 38
Veterans Memorial
Plaza
0 0 5 8
Council Chambers 7 6 43 35
Central Park 0 0 0 0
Veterans Hall 2 1 18 2
Recreation and Parks
918 Obispo Street
P.O. Box 908
Guadalupe, CA 93434
Ph: 805.356.3906
Fax: 805.343.5512
Email: [email protected]
Agenda Item No. 8H 3.

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

Auditorium
Awaiting scheduling for the 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.

February Events
Upcoming Programs & Events
Drop-in Sports for ages 16+
Free Drop-in volleyball and basketball for ages 16+ are currently taking place. Drop-in volleyball is being held on Wednesdays from 6:45pm – 8:45pm in the City Hall Auditorium. Drop-in Basketball is being held on Thursdays from 6:45pm – 8:45pm. The location/day of drop-in basketball varies depending on the availability of the auditorium.

Participants ages 16 & 17 must provide a permission slip/liability waiver signed by a parent/legal guardian in order to participate. This form can be found on the Recreation Page of the city website. Go to https://ci.guadalupe.ca.us/recreation/ Viva el Arte
Due to weather conditions, the performance held on Saturday, January 14th was rescheduled for Sunday, February 26th.

Dodgeball Tournament
Guadalupe Art Exhibition
Entry forms and rules for the upcoming art exhibition can be found on the Recreation page on the city website. Ages 6+ are encourage to participate in one of the many available categories. Further questions can be sent to the Recreation Services Manager.

All entries must be in some way related to Guadalupe. The artist should provide a short 15- word minimum blurb explaining their exhibit’s correlation with the city of Guadalupe. 3.

All entry forms must be turned in by Monday, April 3, 2023, before 4:30pm. Entry Forms may be sent via email ([email protected]) or hard copy at the Recreation Office. Office hours are Monday through Friday from 9:00 AM to 4:30PM. 2nd Annual Rec & Parks Cinco de Mayo Celebration
Plans are currently be drafted for the 2nd Annual Cinco de Mayo Celebration. Any vendors, musicians, or food trucks are welcome to reach out to the Recreation Services Manager to coordinate collaborations. The event is tentatively set to be held on Saturday, May 6th at LeRoy Park.

Respectfully,
Hannah Sanchez
Recreation Services Manager
Hannah Sanchez 1 2/21/2023 1:58 PM
January 30, 2023
Monday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center January 31, 2023
Tuesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:30 PM - 5:00 PM McKenzie Basketball Practice -- Auditorium 5:00 PM - 6:30 PM McKenzie Basketball Practice -- Auditorium February 1, 2023
Wednesday
9:00 AM - 11:00 AM Public Works
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 6:30 PM - 8:30 PM Narcotics Anonymous -- Senior Center
6:45 PM - 8:45 PM Drop In Volleyball -- Auditorium
February 2, 2023
Thursday
8:30 AM - 1:00 PM Public Works
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 6:45 PM - 8:45 PM Drop In Basketball -- Auditorium
February 3, 2023
Friday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center Hannah Sanchez 2 2/21/2023 1:58 PM
February 6, 2023
Monday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center February 7, 2023
Tuesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 4:00 PM - 8:00 PM McKenzie Basketball Games -- Auditorium 6:00 PM - 8:00 PM Recreation and Parks Commission Meeting -- Chambers February 8, 2023
Wednesday
All Day Todd
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 6:30 PM - 8:30 PM Narcotics Anonymous -- Senior Center
6:45 PM - 8:45 PM Drop In Volleyball -- Auditorium
February 9, 2023
Thursday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 6:45 PM - 8:45 PM Drop In Basketball -- Auditorium
February 10, 2023
Friday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 11:00 AM - 12:00 PM HR Meeting
Hannah Sanchez 3 2/21/2023 1:58 PM
February 11, 2023
Saturday
9:00 AM - 12:00 PM VVA Monthly Meeting -- Vet's Hall
3:00 PM - 11:00 PM Rental -- Auditorium
February 13, 2023
Monday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center February 14, 2023
Tuesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 4:00 PM - 8:00 PM McKenzie Basketball Games -- Auditorium 6:00 PM - 9:00 PM City Council Meeting -- chambers
February 15, 2023
Wednesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 6:30 PM - 8:30 PM Narcotics Anonymous -- Senior Center
February 16, 2023
Thursday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center February 17, 2023
Friday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center Hannah Sanchez 4 2/21/2023 1:58 PM
February 18, 2023
Saturday
6:30 PM - 8:30 PM Daddy & Daughter Dance -- Auditorium
February 20, 2023
Monday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center February 21, 2023
Tuesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center February 22, 2023
Wednesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 6:45 PM - 8:45 PM Drop In Volleyball -- Auditorium
February 23, 2023
Thursday
8:00 AM - 12:00 PM Public Works Training
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:00 PM - 5:00 PM Broadmeeting
4:00 PM - 8:00 PM McKenzie Basketball Games -- Auditorium February 24, 2023
Friday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 5:00 PM - 7:00 PM Drop In Basketball -- Auditorium
Hannah Sanchez 5 2/21/2023 1:58 PM
February 25, 2023
Saturday
3:00 PM - 11:00 PM Rental -- Auditorium
February 26, 2023
Sunday
7:00 PM - 10:00 PM Viva el Arte: Mariachi Garibaldi de Jaime Cuellar February 27, 2023
Monday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center February 28, 2023
Tuesday
All Day City Council Meeting -- Chambers
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:30 PM - 6:30 PM McKenzie Basketball Practice
March 1, 2023
Wednesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:30 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium 6:45 PM - 8:45 PM Drop In Volleyball -- Auditorium
March 2, 2023
Thursday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 4:00 PM - 8:00 PM McKenzie Basketball Games -- Auditorium Hannah Sanchez 6 2/21/2023 1:58 PM
March 3, 2023
Friday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 6:45 PM - 8:45 PM Drop In Basketball -- Auditorium
Hannah Sanchez 1 2/21/2023 1:58 PM
February 26, 2023
Sunday
7:00 PM - 10:00 PM Viva el Arte: Mariachi Garibaldi de Jaime Cuellar February 27, 2023
Monday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center February 28, 2023
Tuesday
All Day City Council Meeting -- Chambers
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:30 PM - 6:30 PM McKenzie Basketball Practice
March 1, 2023
Wednesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:30 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium 6:45 PM - 8:45 PM Drop In Volleyball -- Auditorium
March 2, 2023
Thursday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 4:00 PM - 8:00 PM McKenzie Basketball Games -- Auditorium March 3, 2023
Friday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center Hannah Sanchez 2 2/21/2023 1:58 PM
March 3, 2023 Continued
Friday
6:45 PM - 8:45 PM Drop In Basketball -- Auditorium
March 6, 2023
Monday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center March 7, 2023
Tuesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:30 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium 6:00 PM - 8:00 PM Recreation and Parks Commission Meeting -- Chambers March 8, 2023
Wednesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:30 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium 6:45 PM - 8:45 PM Drop In Volleyball -- Auditorium
March 9, 2023
Thursday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:30 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium 4:00 PM - 8:00 PM McKenzie Basketball Games -- Auditorium Hannah Sanchez 3 2/21/2023 1:58 PM
March 10, 2023
Friday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 6:45 PM - 8:45 PM Drop In Basketball -- Auditorium
March 11, 2023
Saturday
9:00 AM - 12:00 PM VVA Monthly Meeting -- Vet's Hall
March 13, 2023
Monday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center March 14, 2023
Tuesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:30 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium March 15, 2023
Wednesday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:30 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium 6:45 PM - 8:45 PM Drop In Volleyball -- Auditorium
March 16, 2023
Thursday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 3:30 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium Hannah Sanchez 4 2/21/2023 1:58 PM
March 16, 2023 Continued
Thursday
4:00 PM - 8:00 PM McKenzie Basketball Games -- Auditorium March 17, 2023
Friday
9:30 AM - 12:30 PM Guadalupe Historical Society Treasure Sale 11:00 AM - 1:00 PM Senior Meal Program -- Senior Center 6:45 PM - 8:45 PM Drop In Basketball -- Auditorium
March 18, 2023
Saturday
9:30 AM - 2:30 PM Treasure Sale -- vet's hall
12:00 PM - 10:00 PM Viva el Arte -- Auditorium
March 20, 2023
Monday
11:00 AM - 1:00 PM Senior Meal Program -- Senior Center March 21, 2023
Tuesday
3:30 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium March 22, 2023
Wednesday
3:30 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium 6:45 PM - 8:45 PM Drop In Volleyball -- Auditorium
Hannah Sanchez 5 2/21/2023 1:58 PM
March 23, 2023
Thursday
3:30 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium 6:45 PM - 8:45 PM Drop In Basketball -- Auditorium
March 28, 2023
Tuesday
All Day City Council Meeting -- Chambers
3:30 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium March 29, 2023
Wednesday
3:30 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium 6:45 PM - 8:45 PM Drop In Volleyball -- Auditorium
March 30, 2023
Thursday
3:30 PM - 6:00 PM McKenzie Basketball Practice -- Auditorium 6:45 PM - 8:45 PM Drop In Basketball -- Auditorium
CITY ADMINISTRATOR’S REPORT
February 28, 2023
(Information below may be subject to change)

1. Chevron Property Tour
The City Administrator spoke to Jeff Moore from Chevron recently. They are pleased to provide a $90,000 traffic safety grant for the city’s 2022-2023 fiscal year budget.

Jeff said he can probably get a check cut for distribution in March if we get the letter request out soon.

Chevron will also host for us and other members of city government a tour of their Guadalupe Restoration Project site on Wednesday, March 15, at 1 p.m. (hard date, can’t change). He intends to send the city council, staff, and dunes center folks invite soon.

2. Royal Theater Background Progress
Aside from the renovation of the Royal Theater, and associated grant received for a combined $10M, there are several other agreements, appraisals and document clean up needed. City staff is working on this with legal consultants. It’s complicated but staff will get it done.

3. Viva el Arte de Santa Barbara
For those seeing this report, on February 26, 2023, at 7 p.m. you are welcome to attend a free event with music from Mariachi Garibaldi De Jaime Cuellar. Council Member Hernandez is currently working with Viva el Arte to bring free music to the community. Viva offered a fun opportunity for our students too.

Mariachi Garibaldi will be doing a special mini assembly on Monday, February 27, 2023 for Mary Buren Elementary School.

Assemblies will be at: (2nd-4th grade) 9:00-9:40am & (Tk-1st) 10:15-10:55am.

This Sunday, the 26th, is the general Concert, open to all residents and community members.

Attachment 1. Flyer!

4. Central Park Renaming
The Recreation and Parks Commission is considering a name change to Central Park at their next meeting.

Agenda Item No. 9

5. City Administrator Communication with Community Business The City Administrator has taken the liberty continue to carve out part of his day, each day, to connect with the local businesses. Along with these trips, he is surveying the community for possible degrading areas and reporting it appropriately.

6. Team Building
The managers are planning a team building exercise on March 16, for a 6-hoursession, talking about the ‘hard’ questions…. more to come.

Topics (not in order):
• Communication skills
• Emotional intelligence
• Leadership and management skills
• Embracing a change
• Hard Conversations Training

7. 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.

8. SMVRR – Pasadera Development
The City Administrator wants to keep Council ‘in the loop’ regarding how the permitting is moving along with SMVRR (bridge crossings) and Pasadera. As mentioned, some time back, they are requesting that the developer pay to replace the rails and ties for a 1000' near the bridges. By their estimates this will run somewhere near $1M. Pasadera, along with city staff, has plans to respond to this request.

9. Guadalupe Social Club Grand Opening
The Guadalupe Social Club just opened, and they will be having a grand opening event on Sunday, February 26th from 1-4. Here is the write up they did about the event.

Come join us for our Grand Opening at Guadalupe Social Club on February 26th from 1 - 4!!! Located at 945 Guadalupe Street.

One free drink ticket (and the wine and beer are amazing!!).

Limited menu (think Tapas - small bites) to start. Will be expanding! Very family friendly! The backyard area is equipped with a lot of space and games! There will be a photo booth, live music, and the locally owned Lobo Butcher is doing sliders! Come check out the hottest place in Guadalupe and would love to see some support for this woman owned business! Great place to chill and enjoy a glass of wine from locally sourced grapes from SLO and SB county.

DOMINGO, 26 DE FEBRERO / SUNDAY, FEBRUARY 26th
7 PM | GUADALUPE CITY HALL | 918 OBISPO STREET
Las puertas se abrirán a las 6:30 pm. Habrá recepción después del espectáculo.

Doors open 6:30 pm. Reception follows the performance.
/vivaelartesb

MARIACHI GARIBALDI DE
JAIME CUÉLLAR
¡Entrada Gratuita! / Free
Co-presented by The Marjorie Luke Theatre, the
Guadalupe-Nipomo Dunes Center and UCSB Arts
and Lectures, in partnership with the Isla Vista
School After School Grant.

ATTACHMENT 1

Agenda Item No. 11

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of February 28, 2023

_______________________________ _________________________________ Prepared by: Approved by:

Shannon Sweeney Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: Measure A Local Program of Projects
RECOMMENDATION:

That the City Council adopt Resolution No. 2023-13 which approves the 2023/24 through 2027-28 Measure A Local Program of Projects for the City of Guadalupe.

DISCUSSION:

Measure A Overview
Voter passage in November 2008 of the Road Repair, Traffic Relief and Transportation Safety Measure (Measure A), will provide approximately $1.0 billion for transportation needs over 30 years within Santa Barbara County, from 2010-2040. The City of Guadalupe, and all other cities in the County, must submit an annual Measure A Local Program of Projects (POP) to the SBCAG Board to detail how the Measure A funds will be spent in Guadalupe.

In adopting the POP, the City Council “certifies that it will include in its budget an amount of local discretionary funding for local streets and roads sufficient to comply with the Maintenance of Effort [MOE] requirements contained in Section 27 of the [Measure A] Ordinance ... ” The City met its MOE requirements over the last five-year window and will meet its MOE requirements of about $300,000 over the next five-year window.

Measure A Revenues
Gas Tax, SB1, development impact fees, and Measure A fund balances will be used to pay for the City’s Street Paving Plan going forward. That plan calls for the City to spend about $400,000 annually in street paving. For 2023, the street program will include rehabilitation of various streets anticipated to be.

Alternative Transportation
Measure A also requires the City to spend at least 5% of Measure A money on “Alternative Transportation Expenditures” – bicycle, pedestrian, and transit projects. The City has had no difficulty in meeting this requirement in the past and will likely spend 6.0% of Measure A money during the fiveyear window on bike and pedestrian projects, including sidewalk maintenance and upgrade work done by our Street crew and required ADA sidewalk work made during street paving projects.

Shannon Sweeney

ATTACHMENTS:

1. Resolution No. 2023-13

2. Measure A POP Spreadsheet

RESOLUTION NO. 2023-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE APPROVING THE MEASURE A FIVEYEAR LOCAL PROGRAM OF PROJECTS FOR FISCAL YEARS 2023-24 THROUGH 2027-28 WHEREAS, on November 4, 2008, the voters of Santa Barbara County approved the Santa Barbara Transportation Improvement Program Ordinance and Expenditure Plan known as Measure A; and WHEREAS, the Ordinance provides that the Santa Barbara County Local Transportation Authority shall annually approve a program of projects submitted by local jurisdictions identifying those transportation projects eligible to use Measure A funds during the succeeding five-year period; and, WHEREAS, the City of Guadalupe was provided with an estimate of annual Measure A local revenues for fiscal years 2023-24 through 2027-28; and,
WHEREAS, the City of Guadalupe has held a public hearing in accordance with Section 18 of the Ordinance;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Guadalupe as follows:

SECTION 1. The attached Five-Year Program of Project to be funded in part with Measure A revenues is hereby approved; and,
SECTION 2. The City of Guadalupe hereby certifies that it will include in its budget an amount of local discretionary funding for local streets and roads sufficient to comply with the Maintenance of Effort requirements contained in Section 27 of the Ordinance; and, SECTION 3. The City of Guadalupe will not use Measure A revenue to replace private developer funding that has been committed to a transportation project or would otherwise be required under current City policies; and,
SECTION 3. The City of Guadalupe has complied with all other applicable provisions.

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

PASSED, APPROVED AND ADOPTED at a regular meeting on the 28th day of February 2023 by the following vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTACHMENT 1

I, Todd Bodem, Deputy City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2023-13, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held February 28, 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
Local Street & Transportation Improvements Total Project Cost
For Santa Barbara County
Only
Project Descriptions
FY 2021/22
Actual
Expenditures
Carry-over
from FY
21/22
Carry-over
from FY
22/23
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 TOTAL Measure A Revenues Local State Federal TOTAL Non-Measure A
Revenues
Class 2 Bikeway Maintenance
Expenditure - Count as
Alternative Transportation
Expenditure
Maintainance, Improvement or Construction of Roadways & Bridges road slurry/reconstruction 517 702 100 $100 $100 $100 $100 $100 $600 $260 $2,140 $592 $2,992 $3,592 Regular Maintenance 378 0 0 $465 $498 $533 $570 $610 $2,677 $0 $2,677 $0 $0 $0
Safety Improvements
$0 $0 $0
$0 $0 $0
$0 $0 $0
Urban Forestry Street Tree Program
$0 $0 $0
$0 $0 $0
$0 $0 $0
Storm Damage Repair to Transportation Facilities
$0 $0 $0
$0 $0 $0
$0 $0 $0
Roadway Drainage Facilities
$40 $40 $40 $40 $40 $200 $0 $200
$0 $0 $0
$0 $0 $0
Traffic Signal Coordination, Intersection Channelization $0 $0 $0
$0 $0 $0
$0 $0 $0
Traffic Management
$0 $0 $0
$0 $0 $0
$0 $0 $0
Landscaping Maintenance
$0 $0 $0
$0 $0 $0
$0 $0 $0
Highway Improvements
$0 $0 $0
$0 $0 $0
$0 $0 $0
Matching Funds for State and Regional Programs and Projects $0 $0 $0
$0 $0 $0
$0 $0 $0
TOTAL 0 $100 $605 $638 $673 $710 $750 $3,477 $260 $2,140 $592 $2,992 $6,469 $0 Alternative Transportation Expenditures Total Project
Cost
Project Descriptions FY 2021/22
Actual
Expenditures
Carry-over
from FY
21/22
Carry-over
from FY
22/23
FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 TOTAL Measure A Revenues Local State Federal TOTAL Non-Measure A
Revenues
Maintenance, Repair, Construction & Improvement of Bike & Ped Facilities $0 Sidewalks 28 99 $8 $35 $35 $8 $28 $213 $0 $213
11th Street SRTS $0 $17 $44 $61 $61
$0 $0 $0
Safe Routes to School Improvements
$0 $0 $0
$0 $0 $0
$0 $0 $0
Reduced Transit Fares for Seniors & Disabled
$0 $0 $0
$0 $0 $0
$0 $0 $0
Bus and Rail Transit Services and Facilties
$0 $0 $0
$0 $0 $0
$0 $0 $0
Programs, Education, & Incentives to Reduce Single Occupant Auto Trips or Transportation Demand
$0 $0 $0
$0 $0 $0
$0 $0 $0
TOTAL ALTERNATIVE TRANSPORTATION EXPENDITURES 28 $99 $8 $35 $35 $8 $28 $213 $17 $44 $0 $61 $274 TOTAL EXPENDITURES 28 $199 $613 $673 $708 $718 $778 $3,690 $277 $2,184 $592 $3,053 $6,743 Alternative Transportation Summary
TOTAL MEASURE A ALLOCATION (FY 2023/24 TO 2027/28) $3,690

MINIMUM ALTERNATIVE PERCENTAGE PRESCRIBED BY INVESTMENT PLAN TO BE MET BY FY 2025/26 FOR FISCAL YEARS 2021/22 THROUGH 2025/26 5% TOTAL MEASURE A ALLOCATION TO ALTERNATIVE TRANSPORTATION $213 $213

PERCENTAGE OF MEASURE A ALLOCATION TO ALTERNATIVE
TRANSPORTATION 6%
Measure A Revenues Non-Measure A Revenues
Non-Measure A Revenues
City of Guadalupe
Measure A Local Street and Transportation Improvements Submittal Form Five Year Measure A Program of Projects (FYs 23/24 to 27/28) (Figures in $1000's)
Measure A Revenues
ATTACHMENT 2

Agenda Item No. 12

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of February 28, 2023
________________________________ __________________________________ Prepared by: Approved by:

Robert Perrault, Interim Finance Director Todd Bodem, City Administrator Janice Davis, Finance Director
SUBJECT: Mid-Year Review of Council-Adopted Goals and FY 2022-23 Budget RECOMMENDATION:

It is recommended the Council review the information presented in the Mid-Year FY22-23 Review of Goals and Budget and provide direction to staff to proceed with budget adjustments to the various fund budgets as recommended.

BACKGROUND:

In June of last year, the Council adopted the City’s Goal Statement and Budget for FY 22-23. The purpose of the Goal Statement was to identify Council ranked priorities to be followed during the implementation of the FY 22-23 Budget. The Budget is essentially the City’s operational and fiscal plan for the City. The Budget is primarily and foremost a planning document based on the City’s best assumptions regarding revenues and expenditures needed to carry out City programs and operations. As such, both the Goal Statement and Budget should be reviewed at the Mid- Year point. This review affords the Council the opportunity to make mid-course adjustments and provide direction. In developing this mid-year review goal progress as well as revenue/ expenditure activity is analyzed through January 30, 2023, which represents 7 months or 58% of the budget year.

Goal Statement Progress:

Contained in Attachment #1 is the Goal Statement as adopted by the Council. The discussion below is a summary of progress made in achieving the goals outlined in the approved document. The progress noted was based on input received from staff and observations of City operations. In early January of 2023, the City experienced a series of winter storms, and a Declaration of a State of Emergency was declared which is still in existence today. The ongoing impact of the storm event has delayed the City in achieving progress is some areas:

Robert Perrault
Janice Davis

1. Develop and maintain a balanced budget for FY 22-23 Budget providing priority municipal services and securing the City’s financial future with adequate reserve funds. - Based on the mid- year review of revenues and expenditures staff can relate the City’s General Fund and Enterprise Fund budgets remain balanced - As of January 31, 2023, the General Fund Unrestricted Reserve was at $764,505. The Council adopted policy requires a reserve of 15% of the operational budget. For FY 22-23 this goal is $1,039,664. While the current reserve falls short of this goal it has increased in recent years. - Transient Occupancy Tax increase failed at the ballot box. - Implementation of the software conversion program for Finance will be completed during the third quarter of the fiscal year.
1a. Continue to develop and grow the Recreation Department by providing sustainable programs and facilities to the Community.
- Development of facilities master plan for park improvement and maintenance is underway.

A workshop will be held in the near future.
- Number and type of recreational programs have increased significantly. - City has reached an agreement with the Boys’ and Girls’ Club of the Mid Central Coast to augment youth programming in the community.
- Staff continues to reach out and establish relationships with other agencies. 1b. Ensure Public Safety Staffing and facilities are sufficient to maintain the delivery of quality public safety services to the community.
- A staffing plan has been completed for both Fire and Police. implementation has been limited due to ongoing budget constraints.
- Continued update of facilities and equipment has been limited due to budget constraints. - Staff continues to pursue grant and funding opportunities. 1c. Ensure that Public Facilities and infrastructure (streets, water, wastewater) are capable of meeting the current and future needs of the City.
- Public Works has hired a consultant to complete the Wastewater Master Plan which is scheduled to be done by end of the fiscal year.
- Capital projects done or currently underway include the West Main water line, the effluent station replacement project, and the 2022 pavement rehabilitation project. - The Highway 1 Lift Station Project contract will be awarded in February. Timing on the library will be folded into the development of the facility master plan. 1d. Ensure that American Recovery and Reinvestment Act ( ARRA) Funds are maximized to ensure that initially funded staffing and services are met where feasible converted to General Fund support.
- The City continues to implement the ARRPA Plan as approved by Council. - Public Works has completed improvements to the City Hall auditorium and is in the middle of phase 2 of the tree trimming project.
- The Public Works office improvement project is nearly complete. - City Hall roof repair is scheduled to be out to bid in March.

2. Create and implement economic development strategies for the City of Guadalupe that will promote the development and maintenance of a strong business sector including business retention, attraction, tourism marketing and revenue generation. - The City has worked cooperatively with the Guadalupe Business Association on a number of initiatives.
- The City is seeking grant options to develop an economic development strategy. - Public Works is in the middle of design for the Central Park renovation project which will improve the appearance of this location. Public Works staff is working with GBA on expressing the need for improvements on Guadalupe Street.
- An ordinance concerning vacant commercial buildings was proposed (and introduced by the Council) based on health and safety concerns, but also, to encourage owners of vacant commercial buildings to put them back into use.

3. Support the efforts to attract businesses to Pasadera Commercial Area to help create employment opportunities, provide local services identified by residents, and generate tax revenue.
- The City has yet to develop a team to include a council member, planning staff, and City Administrator to support proponent efforts to develop the property. - The City (Public Works) has continued to advocate with Cal Trans and other agencies for infrastructure improvements that will assist in moving the Commercial Area forward with development.

4. Coordinate with Santa Barbara County Parks Master Plan to acquire Property adjacent or near Guadalupe for camping and recreational facilities.
- Due to resource and personnel constraints the City has made limited progress in meeting this Goal.

5. Develop and implement a communication strategy focused on improving the flow of information between constituents, city staff and Council members. - The City continues a relationship with community-based organizations to disseminate information.
- Public Safety has continued to emphasize the use of the Everbridge system to assist with the distribution of emergency information.
- The City is working with a consultant in the improvement of the City’s website to improve the City’s flow of information. The update is expected to be completed by the end of the Fiscal Year.

General Fund Review:

The General Fund is the main operating budget for the City. At the time of the budget’s adoption in June, the General Fund Budget was balanced. Total revenues were estimated at $6,931,513. Expenditures were identified as $6,931,097. As of January 31, 2023, or the passage of 58% of the fiscal year, expenditures of $3,484,131 exceeded revenues of $3,394,210. It is not unusual for expenditures to exceed revenues at this point in the fiscal year as the bulk of property tax and sales tax revenues are received during the second half of the fiscal year. The revenue/ expenditure imbalance is expected to correct itself by the end of the fiscal year and the budget is expected to remain balanced at that time.

As noted earlier in this report the General Fund unreserved balance is $764,505. Following is an analysis of General Fund revenues, expenditures, and projections for the remainder of the year.

Revenues:

Estimates and projections of General Fund Revenue are based on a variety of factors including historical experience, current trend analysis and consulting with the City’s property and sales tax consultant (HDL).

At this time, it appears that total revenues will be slightly down from the budgeted level of $6,931,513 to $6,842,264 for a reduction of $89,249 or slightly more than 1% of the budgeted amount. Key lineitem analysis is found below:

Line-item Budget Projection Variance
Sales tax $549,435 $569,000 +$20,000
Local sales tax $691,731 $712,482 + $20,751
Property tax $1,620,801 $1,620,801 -
Prop transfer tax $ 30,000 $35,000 +$5,000
Building Per. $104,400 $129,400 +$25,000
Cannabis Rev $100,000 $ - -($100,000)
School Res Officer $60,00$ $ - -($60,000)
ARPA Cont. $659,113 $670,704 +$11,591
Remain. Rev $3,116,033 $3,104,442 -$11,591
Total $6,931,513 $6,842,264 ($89,249)

Sales and use tax- Both the sales and use tax and the local sales tax items are trending slightly higher in this year than in previous years. This is most likely due to the increases in fuel costs at the pump. Sales and use tax item is projected to be $20,000 more than projected and the local sales tax is projected at $20,751 more than projected.

Property tax- this line item is expected to remain consistent with original projections. Values in property sales within Guadalupe are approximately 3% over last year. This trend percentage is expected to level out later in the year.

Property Transfer Tax- this revenue line item was estimated at $30,000 for the entire year but as of January 31st the estimate had already been achieved. Staff has decided to increase the projected level by $5,000. It is likely this item could be higher at year’s end but due the volatility of the real estate market staff decided to estimate the increase conservatively.

Building Permit Revenue- Building permit revenue was estimated was conservatively estimated at $104,400 due to the construction slowdown of single-family homes within the Pasadera Development.

However, permit activity has remained up and it continued to be maintained at this level for the remainder of the year with the permitting of small projects and the 80 units at Escalante Meadows. Staff is projecting an increase of $25,000 in this line item.

Cannabis Revenue- Cannabis revenue was originally identified at $100,000 in the budget. Due to the slow progress made by current cannabis businesses in completing the process to open doors the $100,000 is no longer expected to be received in this Fiscal Year.

School Resource Officer Program- The City had entered into an agreement with the School District to provide a School Resource Officer to work closely with the schools within the District. At present due to personnel constraints, the City has not been able to fill this position. Consequently, the revenue of $60,000 has been eliminated.

ARPA Contribution- Federal ARPA funding is contributing significantly to the General Fund. As noted above and in the ARPA attachment the contribution is expected to be slightly higher than the original budget at $670,704. A word of caution. The contribution from ARPA Funds to the General Fund is expected to last another year. Once these funds are exhausted there will be a significant adverse impact to the General Fund unless offset in some manner.

Remaining revenues – The remaining revenues of approximately $3,104,442 result from a variety of sources and transfers from the enterprise budgets and are expected to come in at budget with limited deviation.

Expenditures:

Department expenditures within the General Fund are expected to end the year at or below budget with a few exceptions. The following is a listing of Department budget amounts, projections and variances:

Department Budget Projections Variances
City Council $12,680 $15,730 ($3,050)
Admin. $507,300 $487,008 $20,292
City Attorney $110,000 $110,000 -
Finance $590,883 $590,883 -
Non Dep. $588,508 $558,508 -
Bld. Maint. $329,594 $243,871 $85,871
Police $2,905,300 $2,879,260 $26,040
Fire $1,264,400 $1,301,452 ($37,052)
Parks and Rec $369,372 $375,000 ($5,628)
Building and Planning $253,060 $253,060 -
Total $6,931,097 $6,814,772 $116,325

City Council- the Worker’s Compensation charges for the City Council Department were budgeted at $500.00 but the actual cost was booked at $1,591. The projected cost for the City Council includes sufficient funding to cover this overage and to enable two Council members to attend the League of California Cities meeting in Sacramento. The required adjustment is recommended at $3,050.

City Admin.- has experienced cost savings in the personnel line items as well as operational line items.

The net projected cost savings for City Admin is $20,292.

Building Maintenance- Significant savings have been identified in both the Permanent Employee and Professional Services Line items. Even with additional anticipated costs in these lineups the overall Department Budget will remain underspent. The projected cost savings for this Department is $85,871.

Police Department- as of January 31st the Department had spent $1,489,835 or 51% of its budget. There have been salary savings in the Permanent Employment line item due to the fact that there are two officers and one sergeant out on work-related injuries. The sergeant is expected to return soon while the two officers are not expected to return during this Fiscal Year. Two open positions are expected to be filled in the coming weeks. The salary savings have been largely offset by overtime expenditures. This line item was budgeted at $226,000 and is expected to be exceeded for the remainder of the year.

Additionally, one officer has resigned and will be leaving the Department at the end of the month. The officer is a long-time employee and will receive payouts of accumulated benefits that will approximate $26,040 in this Fiscal Year. Consequently, the Department is not expected to exceed the budget. The total projected expenditures is $2,879,260 which is slightly under budget.

Fire Department- The budget approved for the Fire Department is $1,264,400. The projection for the Fire Department is expected to be $1,301,452. The primary reason for the over-expenditure is in the Overtime Line item. Overtime was originally budgeted at $123,800. The total for this line item has already been met. and is projected to reach $163,800 by the end of the Fiscal Year. The overexpenditure will be offset in part by savings in other line items. The Department budget is noted as needing an adjustment of $37,052 to balance.

General Fund Recommendations:
• It is recommended the Council direct staff to develop a resolution incorporating changes noted in this report based on projections.

Fund 4 Storm-Related Costs:

As a result of the Storm Event that began on January 9, 2023, and the subsequent Declaration of Emergency, Finance Department established Fund 4 as a Fund to collect City incurred costs and to pay for these costs. The following is a listing of costs funneled into Fund 4. It is likely not all-inclusive and likely additional costs including some overtime may relocate to Fund 4. The following is a listing of costs along with the identification of a possible Funding Source:

1. Pioneer Street apartments $50,820 General Fund

2. Pioneer Apts. (Deposit) $ 7,000 General Fund

3. Waste Management (Debris removal) $ 7,980 General Fund

4. Misc. costs $ 200 General Funds

5. LeRoy Park Clean up and Rep. (est.) $84,000 General Fund

Total General Fund: $150,000

6. Lopez Con. Clean up. 8th St. $6,580 Street Fund

Recommendation:

It is recommended that Council direct staff to return with an appropriation of $150,000 from the City’s General Fund Reserve to cover General Fund-related costs associated with the January 9th Storm event.

Impact - The appropriation of the General Fund Reserve will reduce the Fund from $764,505 to $614,505. It should be noted that it is possible that the General Fund will ultimately be reimbursed by State and Federal Sources. Also, any unused portion of General Fund monies dedicated to Fund 4 will be returned to the General Fund Reserve.

Enterprise Funds:

As indicated below all of the Enterprise Funds are balanced and are expected to remain balanced at the end of the Fiscal Year.

Water Fund:

Revenues:

Budget Year to Date Projection
$2,626,014 $911,179 $2,626,014
Expenditures:

Budget Year to Date Projection
$2, 619,943 $9,555,267 $2, 619,943
Wastewater Fund
Revenues
Budget Year to Date Projection
$2,269,300 $761,023 $2,269,300
Expenditures;
Budget Year to Date Projection
$2,106,430 $798,015 $2,106,430
Recommended Adjustments Enterprise Funds:
10–4420–1553 State Water Project add $80,000 due to increase in State Water allocation 12–4425–1350 – add $20,000 for increase in regulatory agency fees. 12–4425–1550: operating supplies and expenses add $10,000 for increased maintenance needs at plant.
23–4461–2200: equipment rental higher than anticipated due to older, rolling stock. 60–4490–2150: add $30,000 to cut back vegetation
63–4472–1000: add $24,000 to pay for Street light utilities. 65–4485–1000: utilities add $33,000 for increased expenses associated with electricity.

ATTACHMENTS:

1. FY 22-23 Goal Statement

2. ARPA Chart
ATTACHMENT 1

ARPA Summary - Draft
Description Council Approved FY21-22 FY22-23 FY23-24 Total Remaining Bal General Fund loss of revenue $ 200,456 $ 30,000 $ 30,000 $ 170,456 General Plan Environmental impact review $ 46,074 $ - $ 46,074 Water Utility debt forgiveness $ 35,000 $ 35,000 $ 35,000 $ - Los Amigos de Guadalupe $ 40,000 $ 20,000 $ 20,000 $ 20,000 Cyber Sec Upgrades IT $ 75,000 $ 26,220 $ 26,220 $ 48,780 Rec Manager $ 168,865 $ 50,957 $ 50,957 $ 117,908
Jack O'Connell Park $ 25,000 $ 25,000 $ 25,000 $ -
Concession Stand $ 1,000 $ - $ 1,000
Recreational Programs $ 20,000 $ - $ 20,000
Tables and C Storage $ 8,900 $ - $ 8,900
PPE Supplies $ 4,800 $ 2,098 $ 2,098 $ 2,702
Public Safety Paid Volunteers $ 10,000 $ 10,000 $ 10,000 $ - Planning Software $ 62,933 $ 73,000 $ 73,000 $ (10,067) Adobe $ 18,208 $ 3,166 $ 3,166 $ 15,042
WIFI for LeRoy Park - Change Orders $ 39,000 $ - $ 39,000 Live Streaming Equipment $ 5,000 $ - $ 5,000
Building Attendent - Live Streaming Administration $ 4,320 $ - $ 4,320 Web Camera $ 1,450 $ - $ 1,450
Televisions $ 1,800 $ - $ 1,800
Television Cart $ 250 $ - $ 250
Spanish/Mixteco Interpreting Services $ 7,500 $ - $ 7,500 Website Update $ 15,000 $ 3,500 $ 3,500 $ 11,500
Website Content $ 4,800 $ - $ 4,800
Website Event Management Plugin $ 5,000 $ - $ 5,000
Website PW Request - Workflow Management $ 1,200 $ - $ 1,200 Surface Pro 7 w/Keyboard $ 19,682 $ - $ 19,682
Council Chambers - ADA/Window Ventilation Update $ 300,000 $ 300,000 $ 300,000 $ - Architectural Drawings $ 100,000 $ 100,000 $ 100,000 $ - City Hall Restroom(s) Redesign $ 154,000 $ - $ 154,000
Generator (1) $ 50,000 $ - $ 50,000
Auditorium Upgrades $ 75,000 $ 75,000 $ 75,000 $ -
PW Conference Room Upgrades $ 18,000 $ 18,000 $ 18,000 $ - Finance Office Upgrades $ 5,000 $ 5,000 $ 5,000 $ -
Vegetation Maintenance $ 50,000 $ 30,000 $ 30,000 $ 20,000 Maintenance Lead $ 85,500 $ 23,328 $ 23,328 $ 62,172
Library Relocation $ 30,000 $ - $ 30,000
Admin and Finance Heating $ 5,460 $ 5,460 $ 5,460 $ 0
SBCAG Broadband Contribution $ 5,223 $ - $ 5,223
Differential for Emergency Services Manager $ 3,298 $ 3,298 $ 3,298 $ - Temp. Permit/Planning appointment for scanning $ 1,210 $ 1,210 $ 1,210 $ - Drinking Fountain and refridgerator $ 6,506 $ 6,506 $ 6,506 $ - $ 1,710,434 $ 846,743 $ - $ - $ 846,743 $ 863,691
Total ARPA awarded $ 1,860,000
Remaining to allocate $ 149,566
Received $ 930,930 $ 365,706 related to General Fund
$ 20,000 related to cdbg
$ 2,787 related to fund 60
$ 400,000 related to CIP
$ 33,250 related to water
$ 25,000 related to fund 38
$ 846,743 $ -
ATTACHMENT 2
1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 42
43 44
45 46
47 48
49 50
51 52
53 54
55 56
57 58
59 60
61 A B C D E M N O P Q R S T U V W X
ARPA Summary - Draft ESTIMATE
BUDGETED Est BUDGETED MID-YEAR BUDGETED
Description Council Approved FY21-22 FY21-22 REMAINING FY22-23 FY22-23 REMAINING Notes FY23-24 REMAINING revenue General Fund loss of revenue $ 200,456 $ 30,000 $ 30,000.00 $ 170,456.17 170,456.17 170,456.17 - - - revenue General Plan Environmental impact review $ 46,074 $ - $ 46,073.80 46,073.80 46,073.80 - - - Water Utility debt forgiveness $ 35,000 $ 35,000 $ 35,000.00 $ - - - - - - CDBG Los Amigos de Guadalupe $ 40,000 $ 20,000 $ 9,194.21 $ 30,805.79 30,805.79 30,805.79 - waitting on invoice for Alejandro's salary - - revenue Cyber Sec Upgrades IT $ 75,000 $ 26,220 $ 26,220.00 $ 48,780.00 24,390.00 24,390.00 24,390.00 24,390.00 - Rec Manager $ 168,865 $ 50,957 $ 39,748.38 $ 129,116.82 92,600.00 92,600.00 36,516.82 36,516.82 - Jack O'Connell Park $ 25,000 $ 25,000 $ 25,000.00 $ - - - - - - 01-4300-1550 Concession Stand $ 1,000 $ - $ 1,000.00 1,000.00 - 1,000.00 Move funds to line#31 Auditorium Upgrade - 1,000.00 01-4300-1550 Recreational Programs $ 20,000 $ 328.29 $ 19,671.71 19,671.71 19,671.71 - On going $3855.67 spent - - 01-4300-1550 Tables and C Storage $ 8,900 $ - $ 8,900.00 8,900.00 8,900.00 - - - 01-4140-2999 PPE Supplies $ 4,800 $ 2,098 $ 169.64 $ 4,630.36 4,630.36 4,630.36 - - - Public Safety Paid Volunteers $ 10,000 $ 10,000 $ 10,000.00 $ (0.00) - - (0.00) - (0.00) CIP Planning Software $ 62,933 $ 73,000 $ - $ 62,933.13 73,000.00 73,000.00 (10,066.87) - (10,066.87) 01-4140-2151 Adobe $ 18,208 $ 3,166 $ 10,589.21 $ 7,618.51 7,618.51 7,618.51 - - - WIFI for LeRoy Park - Change Orders $ 39,000 $ 39,000.00 $ - - - - - - Live Streaming Equipment, Webcam, TV's $ 8,500 $ 8,500.00 $ - - - - - - 01-4140-2151 Building Attendent - Live Streaming Administration $ 4,320 $ - $ 4,320.00 4,320.00 - 4,320.00 Open - 4,320.00 01-4140-2151 Spanish/Mixteco Interpreting Services $ 7,500 $ - $ 7,500.00 7,500.00 - 7,500.00 Open - 7,500.00 01-4140-2151 Website Update $ 15,000 $ 3,500 $ 8,550.00 $ 6,450.00 6,450.00 6,450.00 - Need to confirm with Garrett - - 01-4140-2151 Website Content $ 4,800 $ - $ 4,800.00 4,800.00 4,800.00 - Need to confirm with Garrett - - 01-4140-2151 Website Event Management Plugin $ 5,000 $ - $ 5,000.00 5,000.00 - 5,000.00 Open - 5,000.00 01-4140-2151 Website PW Request - Workflow Management $ 1,200 $ - $ 1,200.00 1,200.00 - 1,200.00 use to cover over spend of lines 31 & 32 - 1,200.00 01-4140-1550 Surface Pro 7 w/Keyboard $ 19,682 $ - $ 19,681.60 19,681.60 19,681.60 - - - CIP Council Chambers - ADA/Window Ventilation Update $ 300,000 $ 300,000 $ - $ 300,000.00 300,000.00 - Redirect to line 33-35 - - CIP Architectural Drawings $ 100,000 $ 100,000 $ - $ 100,000.00 100,000.00 - Redirect to line 33-35 - - CIP City Hall Restroom(s) Redesign $ 154,000 $ - $ 154,000.00 154,000.00 - Redirect to line 33-35 - - CIP City Hall Painting $ 300,000 $ - $ 300,000.00 - 57,780.00 242,220.00 together projects total $17,580 over budget - 242,220.00 CIP City Hall Roof Repairs $ 100,000 $ - $ 100,000.00 - 266,000.00 (166,000.00) - (166,000.00) CIP LeyRoy Park West Parking Lot Paving $ 154,000 $ - $ 154,000.00 - 165,000.00 (11,000.00) - (11,000.00) 01-4200-1400 Generator (1) $ 50,000 $ - $ 50,000.00 50,000.00 50,000.00 - waiting on Chief to receive grant - - 01-4145-2150 Auditorium Upgrades $ 75,000 $ 75,000 $ 28,301.89 $ 46,698.11 46,698.11 48,078.02 (1,379.91) - (1,379.91) 01-4145-1550 PW Conference Room Upgrades $ 18,000 $ 18,000 $ 2,361.43 $ 15,638.57 15,638.57 16,253.62 (615.05) - (615.05) 01-4145-1550 Finance Office Upgrades $ 5,000 $ 5,000 $ - $ 5,000.00 5,000.00 5,000.00 - - - 01-4145-2150 O''Connell Park Irrigation & gates, vehicle, code compliance $ 50,000 $ 30,000 $ 19,124.00 $ 30,876.00 30,876.00 64,000.00 (33,124.00) Moved Veg Maint. To own line - (33,124.00) Vegetation Maintenance $ - $ - - 56,658.00 (56,658.00)
Maintenance Lead $ 85,500 $ 23,328 $ - $ 85,500.00 75,600.00 75,600.00 9,900.00 Probably should redirect to cover overages 9,900.00 - CIP Library Relocation $ 30,000 $ - $ 30,000.00 30,000.00 - 30,000.00 Open - 30,000.00 Admin and Finance Heating $ 5,460 $ 5,460 $ 25,240.16 $ (19,780.00) - - (19,780.00) - (19,780.00) SBCAG Broadband Contribution $ 5,223 $ 5,422.63 $ (200.00) - - (200.00) - (200.00) 01-4200-0100 Differential for Emergency Services Manager $ 3,298 $ 3,298 $ - $ 3,298.00 3,298.00 - 3,298.00 Open - 3,298.00 01-4405-0150 Temp. Permit/Planning appointment for scanning $ 1,210 $ 1,210 $ - $ 1,210.00 1,210.00 - 1,210.00 Redirect to line 31 & 32 - 1,210.00 Drinking Fountain and refridgerator $ 6,506 $ 6,506 $ 6,506.25 $ (0.25) - - (0.25) - (0.25) CIP Emergency declaration - electrical issues $ - $ - $ 1,350.00 $ (1,350.00) 50,000.00 50,000.00 (51,350.00) 25k spent, 25k to use for switch gear - (51,350.00) revenue finance intern $ 6,500 $ - $ 6,500.00 6,500.00 6,500.00 - - - $ 2,270,934 $ 846,743 $ 330,606.09 $ 1,940,328.32 1,396,918.62 1,369,947.58 16,380.74 70,806.82 2,231.92 Total ARPA awarded $ 1,860,000
Remaining to allocate $ (410,934) BUDGETED TOTAL ESTIMATE TOTAL BUDGET TOTAL BUDGET FY21-22 FY21-22 FY22-23 FY23-24
Received $ 930,930 $ 765,706 $ 217,572 related to General Fund $ 659,113 $ 670,704 related to General Fund $ 70,807 related to General Fund $ - $ 2,453 related to transit $ - $ - related to transit $ - related to transit $ 20,000 $ 48,194 related to cdbg $ 30,806 $ 30,806 related to cdbg $ - related to cdbg $ 2,787 $ 2,787 related to fund 60 $ - $ - related to fund 60 $ - related to fund 60 $ - $ 1,350 related to CIP $ 707,000 $ 732,438 related to CIP $ - related to CIP $ 33,250 $ 33,250 related to water $ - $ - related to water $ - related to water $ 25,000 $ 25,000 related to fund 38 related to fund 38 $ - related to fund 38 $ 846,743 $ 330,606 $ 1,396,919 $ 1,433,948 $ 70,807
$ - $ - $ - $ (64,000.00) $ -
ARPA Annual Report 3/2/21-3/31/22
"Obligations" ACTUAL ACTUAL ACTUAL ACTUAL Total Remaining Description Council Approved DEC 2021 JAN 2022 FEB 2022 MAR 2022 Expenditures Obligations Exp Category General Fund loss of revenue $ 200,456 $ - $ 200,456.17 General Plan Environmental impact review $ 46,074 $ - $ 46,073.80 Water Utility debt forgiveness $ 35,000 $ - $ 35,000.00 Los Amigos de Guadalupe $ 40,000 $ - $ 40,000.00
Cyber Sec Upgrades IT $ 75,000 $ - $ 75,000.00
Rec Manager $ 168,865 $ 6,148.79 $ 6,721.04 $ 6,721.04 $ 19,590.87 $ 149,274.33 6.1 revenue replacement Jack O'Connell Park $ 25,000 $ - $ 25,000.00
Concession Stand $ 1,000 $ - $ 1,000.00
Recreational Programs $ 20,000 $ - $ 20,000.00
Tables and C Storage $ 8,900 $ - $ 8,900.00
PPE Supplies $ 4,800 $ 169.64 $ 169.64 $ 4,630.36 1.5
Public Safety Paid Volunteers $ 10,000 $ 8,901.16 $ 2,179.91 $ 11,081.07 $ (1,081.07) 6.1 assistance to undemployed or underemployed Planning Software $ 62,933 $ - $ 62,933.13
Adobe $ 18,208 $ 3,165.91 $ 3,165.91 $ 15,041.81 6.1 administrative WIFI for LeRoy Park - Change Orders $ 39,000 $ - $ 39,000.00 Live Streaming Equipment $ 5,000 $ 4,090.80 $ 4,090.80 $ 909.20 6.1 administrative Building Attendent - Live Streaming Administration $ 4,320 $ - $ 4,320.00 Web Camera $ 1,450 $ - $ 1,450.00
Televisions $ 1,800 $ - $ 1,800.00
Television Cart $ 250 $ - $ 250.00
Spanish/Mixteco Interpreting Services $ 7,500 $ - $ 7,500.00 Website Update $ 15,000 $ 3,500.00 $ 1,050.00 $ 1,100.00 $ 5,650.00 $ 9,350.00 6.1 administrative Website Content $ 4,800 $ - $ 4,800.00
Website Event Management Plugin $ 5,000 $ - $ 5,000.00
Website PW Request - Workflow Management $ 1,200 $ - $ 1,200.00 Surface Pro 7 w/Keyboard $ 19,682 $ - $ 19,681.60
Council Chambers - ADA/Window Ventilation Update $ 300,000 $ - $ 300,000.00 Architectural Drawings $ 100,000 $ - $ 100,000.00
City Hall Restroom(s) Redesign $ 154,000 $ - $ 154,000.00 Generator (1) $ 50,000 $ - $ 50,000.00
Auditorium Upgrades $ 75,000 $ 247.00 $ 2,571.16 $ 2,818.16 $ 72,181.84 6.1 public secot capacity admin needs PW Conference Room Upgrades $ 18,000 $ 200.62 $ 2,020.00 $ 69.13 $ 2,289.75 $ 15,710.25 6.1 public secot capacity admin needs Finance Office Upgrades $ 5,000 $ - $ 5,000.00
Vegetation Maintenance $ 50,000 $ 8,043.00 $ 6,041.00 $ 14,084.00 $ 35,916.00 6.1 aid to tourism Maintenance Lead $ 85,500 $ - $ 85,500.00
Library Relocation $ 30,000 $ - $ 30,000.00
Admin and Finance Heating $ 5,460 $ 4,280.00 $ 1,180.16 $ 19,780.00 $ 25,240.16 $ (19,780.00) 6.1 public secot capacity admin needs SBCAG Broadband Contribution $ 5,223 $ 5,422.63 $ 5,422.63 $ (200.00) 5.21 broadband other Differential for Emergency Services Manager $ 3,298 $ - $ 3,298.00 Temp. Permit/Planning appointment for scanning $ 1,210 $ - $ 1,210.00 Drinking Fountain and refridgerator $ 6,506 $ 6,506.25 $ 6,506.25 $ (0.25) 6.1 public secot capacity admin needs $ 1,710,434 $ 201 $ 34,081 $ 17,921 $ 47,907 $ 100,109 $ 1,610,325 Total ARPA awarded $ 1,861,859
Remaining to allocate $ 151,425
$ 94,516.97 6.1 revenue replacement
Received $ 930,930 $ 169.64 1.5 PPE
$ 5,422.63 5.21 broadband other
$ 100,109.24 three separate projects for revenue replacement "Expenditures"
ARPA Summary - Draft

BUDGETED ACTUAL ACTUAL ACTUAL ACTUAL ACTUAL ACTUAL ACTUAL REMAINING Description Council Approved FY21-22 DEC 2021 JAN 2022 FEB 2022 MAR 2022 APR 2022 MAY 2022 JUN 2022 FY21-22 General Fund loss of revenue $ 200,456 $ 30,000 $ 170,456 $ 30,000.00 General Plan Environmental impact review $ 46,074 $ 46,074 $ - Water Utility debt forgiveness $ 35,000 $ 35,000 $ - $ 35,000.00 $ - Los Amigos de Guadalupe $ 40,000 $ 20,000 $ 20,000 $ 2,707.54 $ 17,292.46 Cyber Sec Upgrades IT $ 75,000 $ 26,220 $ 48,780 $ 26,220.00 Rec Manager $ 168,865 $ 50,957 $ 117,908 $ 6,148.79 $ 6,721.04 $ 6,721.04 $ 6,721.04 $ 24,645.11 Jack O'Connell Park $ 25,000 $ 25,000 $ - $ 25,000.00
Concession Stand $ 1,000 $ 1,000 $ -
Recreational Programs $ 20,000 $ 20,000 $ -
Tables and C Storage $ 8,900 $ 8,900 $ -
PPE Supplies $ 4,800 $ 2,098 $ 2,702 $ 169.64 $ 1,928.36 Public Safety Paid Volunteers $ 10,000 $ 10,000 $ - $ 8,901.16 $ 2,179.91 $ 1,598.60 $ (2,679.67) Planning Software $ 62,933 $ 73,000 $ (10,067) $ 73,000.00 Adobe $ 18,208 $ 3,166 $ 15,042 $ 3,165.91 $ 7,423.30 $ (7,423.30) WIFI for LeRoy Park - Change Orders $ 39,000 $ 39,000 $ 30,370.00 $ (30,370.00) Live Streaming Equipment $ 5,000 $ 5,000 $ 4,090.80 $ 1,008.96 $ (5,099.76) Building Attendent - Live Streaming Administration $ 4,320 $ 4,320 $ - Web Camera $ 1,450 $ 1,450 $ -
Televisions $ 1,800 $ 1,800 $ -
Television Cart $ 250 $ 250 $ -
Spanish/Mixteco Interpreting Services $ 7,500 $ 7,500 $ - Website Update $ 15,000 $ 3,500 $ 11,500 $ 3,500.00 $ 1,050.00 $ 1,100.00 $ 125.00 $ (2,275.00) Website Content $ 4,800 $ 4,800 $ -
Website Event Management Plugin $ 5,000 $ 5,000 $ -
Website PW Request - Workflow Management $ 1,200 $ 1,200 $ - Surface Pro 7 w/Keyboard $ 19,682 $ 19,682 $ -
Council Chambers - ADA/Window Ventilation Update $ 300,000 $ 300,000 $ - $ 300,000.00 Architectural Drawings $ 100,000 $ 100,000 $ - $ 100,000.00 City Hall Restroom(s) Redesign $ 154,000 $ 154,000 $ -
Generator (1) $ 50,000 $ 50,000 $ -
Auditorium Upgrades $ 75,000 $ 75,000 $ - $ 247.00 $ 2,571.16 $ 72,181.84 PW Conference Room Upgrades $ 18,000 $ 18,000 $ - $ 200.62 $ 2,020.00 $ 69.13 $ 71.68 $ 15,638.57 Finance Office Upgrades $ 5,000 $ 5,000 $ - $ 5,000.00
Vegetation Maintenance $ 50,000 $ 30,000 $ 20,000 $ 8,043.00 $ 6,041.00 $ 15,916.00 Maintenance Lead $ 85,500 $ 23,328 $ 62,172 $ 23,328.11 Library Relocation $ 30,000 $ 30,000 $ -
Admin and Finance Heating $ 5,460 $ 5,460 $ 0 $ 4,280.00 $ 1,180.16 $ 19,780.00 $ (19,780.16) SBCAG Broadband Contribution $ 5,223 $ - $ 5,422.63 $ (5,422.63) Differential for Emergency Services Manager $ 3,298 $ 3,298 $ - $ 3,298.00 Temp. Permit/Planning appointment for scanning $ 1,210 $ 1,210 $ - $ 1,210.00 Drinking Fountain and refridgerator $ 6,506 $ 6,506 $ - $ 6,506.25 $ (0.25) Emergency declaration - electrical issues $ - $ - $ - $ 1,350.00 $ 1,710,434 $ 846,743 $ 858,469 $ 200.62 $ 34,080.59 $ 17,921.49 $ 47,906.54 $ 86,376.12 $ - $ - $ 661,607.68 Total ARPA awarded $ 1,860,000
Remaining to allocate $ 149,566 BUDGETED ACTUAL ACTUAL ACTUAL ACTUAL ACTUAL TOTAL ACTUAL FY21-22 DEC 2021 JAN 2022 FEB 2022 MAR 2022 APR 2022 FY21-22 Received $ 930,930 $ 365,706 $ 608,058 $ 201 $ 31,294 $ 17,921 $ 45,454 $ 18,699 $ 113,568 related to General Fund $ - $ 2,453 $ 2,453 related to transit
$ 20,000 $ - $ - $ - $ - $ 33,078 $ 33,078 related to cdbg $ 2,787 $ - $ 2,787 $ - $ - $ - $ 2,787 related to fund 60 $ 400,000 $ - $ - $ - $ - $ 1,350 $ 1,350 related to CIP $ 33,250 $ - $ - $ - $ - $ 33,250 $ 33,250 related to water $ 25,000 $ - $ - $ - $ - $ - $ - related to fund 38
$ 846,743 $ 201 $ 34,081 $ 17,921 $ 47,907 $ 86,376 $ 186,485 $ - $ - $ - $ - $ - $ - $ -

Agenda Item No. 13

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: Approving list of City veterans’ names for new streets and parks RECOMMENDATION:

That City Council adopt Resolution No. 2023-14 approving the submission of the recommended list of names of veterans to the Pasadera development for use in naming streets and parks.

BACKGROUND
The City of Guadalupe has a proud history of residents joining the military in service to our country. On May 12, 2009, Resolution No. 2009-13, included as Attachment 1, was approved, naming streets after Michael Pagaling and Philip Hernandez, two veterans who lost their lives in Vietnam. That resolution also approved the naming of the next available street after Arturo Carrasco, a third veteran who lost his life in Vietnam. That request has been honored in the Pasadera development. The street between Jalama Drive and Ladera Drive is named South Carrasco Drive.

DISCUSSION:

Additional streets in Pasadera need names. The City Council has previously indicated its desire to honor additional veterans with street names, and the Pasadera developer agreed to do this. Names were solicited over the course of two years through the City’s website, numerous public meetings, and wordof-mouth. The list of nominated and potential names was shortened to the list included as Attachment 2 by a committee consisting of Joe Talaugon, Ariston Julian, Deek Segovia, and Al Ramos.

The truncated list was evaluated by City staff and the development engineer. Streets that had similar duplicate names in adjacent communities were considered for parks instead of streetsto avoid confusion related to public safety response.

City staff also confirmed with the development engineer for the Pasadera development on the number of streets needing names. At this time, 20 streets and two City-owned parks in Pasadera development need names. The plan is to name streets with the suffix “Drive” and cul-de-sacs with the suffix “Court.” Shannon Sweeney

FISCAL IMPACT
None.

ATTACHMENTS:

1. Resolution No. 2009-13

2. Finalized Veteran Street Name List

3. Resolution No. 2023-14
ATTACHMENT 1

SELECTED VETERANS FOR PASADERA DEVELOPMENT NAMING
Note: names are listed in no particular order. All street names will end in Drive or Court.

V= Vietnam, K= Korea, II=World War II
Service Member Name Notes
1 Laging Una (K)(II) 1st Filipino Battalion, replaced by 1st Filipino Regiment 2 Yoshiroma, Makato Killed in Action
3 Ramos, Natividad G. (II)
4 Serrano, Ernie (V)
5 San Diego, Greg (V)
6 Inguito, Jimmy (V)
7 Segovia, Crespin (II)
8 Rodriguez, Louie (II)
9 Abadajos, Bully Rodrigo (II)
10 Parra, James (K)
11 Hayes, Bobby (K)
12 Familia Sanchez (V/K)
13 Lemus, Louie (II)
14 Santillan (II) Honors Ray and Blas
15 Maretti (K) Honors Ralph and Richard
16 Serpa (K) Honors Joe and Tuffy
17 Talaugon (K) Honors brothers Joe and Santos
18 Terrones, Lalo (K)
19 Zepeda, Skippy Lawrence (K)
20 Imperial, Walter Imperial Way already in Orcutt. Name park on Del Mar Drive. 21 Villagomez (K)
22 Stewart Brothers (K)
23 Silva Family (K) Silva Drive already in Santa Maria. Name park on Esperanza Drive. 24 Canales, Frank (II)
25 Robles, Victor F. (II)
26 Rubalcalva, Joe (II)
ATTACHMENT 2

RESOLUTION NO. 2023-14

A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE

APPROVING A LIST OF ITEMS NAMES TO BE USED IN THE NAMING OF STREETS AND PARKS IN THE

PASADERA DEVELOPMENT
WHEREAS, the City of Guadalupe has a proud history of residents joining the military in service to our country; and
WHEREAS, 20 streets and two City-owned parks in the Pasadera development need names; and WHEREAS, naming streets and parks in the City after veterans that have served our country is a timehonored tradition in our community; and WHEREAS, names were solicited over the course of two years through the City’s website, numerous public meetings, and word-of-mouth, and a committee narrowed the list down to the number of facilities required names to the list attached to the staff report for this item.

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

SECTION 1. That the list of names to be used in the naming of streets and parks in Pasadera development that is attached to the staff report for this item is hereby approved.

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

PASSED, APPROVED AND ADOPTED at a regular meeting on the 28th 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. 2023-14, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held February 28, 2023, and that same was approved and adopted.

ATTACHMENT 3

ATTEST:
______________________________ ____________________________________ Todd Bodem, Deputy City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
______________________________
Philip F. Sinco, City Attorney
1 Agenda Item No. 14

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of February 28, 2023
_______________________________ _________________________________ Presented by: Reviewed by:

Michael Cash, Director of Public Safety Todd Bodem, City Administrator SUBJECT: Request for funding for recruitment and hiring of two (2) Police Officers, one (1) Police Sergeant, and an Emergency Preparedness Coordinator.

RECOMMENDATION:

It is recommended that the City Council approve for the recruitment and hiring of two (2) police officers, one (1) police sergeant, and an emergency preparedness coordinator for the Guadalupe Department of Public Safety.

BACKGROUND:

This report is being presented to the City Council to inform it about the crisis that is currently taking place in the Guadalupe Police Department. In short, additional staffing is required in the short-term to alleviate the unsustainable strain and burden being placed on the Department’s active-duty police officers from unreasonable levels of mandatory overtime. In the long-term, a police sergeant and an emergency preparedness coordinator are required to meet the Department’s and the community’s needs.

During the original budget review for FY 2022-23, funding for two police officers and the emergency preparedness coordinator position was removed from the budget as a cost saving measure. Since these three positions were vacant at the time, the Council may have believed this was the most efficient way to balance the budget in FY 2022-23; however, the Director of Public Safety believes that it is vital for the short-term sustainability of the Guadalupe Police Department to restore funding for the two police officer positions at a minimum, and highly advisable for the long-term sustainability of the Department to also fund the police sergeant position and the emergency coordinator position.

Police Officers and Police Supervisors are vital to the safety and well-being of any community.

The police officer is usually the first contact the community has when requesting public assistance or in need of emergency services. Officers and supervisors are needed and required to patrol and investigate criminal activity 24-hours a day, 7 days a week.

Michael Cash
2 The Emergency Preparedness Coordinator position was approved and budgeted by the City Council on June 23, 2020. The prior incumbent resigned from the position on September 23, 2021. The position was left vacant, and the budgeted monies were removed and reassigned by the Council for the FY 2022-23 budget. The Emergency Preparedness Coordinator oversees disaster preparedness training and programs for the public within the Police and Fire Department; develops and implements training for City staff and officials in emergency preparedness and the Emergency Operations Center (EOC) functions; maintains and updates the City’s emergency response plans; and coordinates volunteer activities. The presence of an Emergency Preparedness Coordinator enhances the City’s capability to secure grants and funding for emergency preparedness training and supplies from state and federal governmental agencies.

DISCUSSION:

Prior to FY 2022-23 budget, the Police Department was authorized to staff the department with the following:
1 Police Chief
2 Police Sergeant
10 Police Officers
2 Airport Police Officers (contracted)
1 Emergency Preparedness Coordinator
Prior to the creation of the police lieutenant position in FY 2021-22, there had been two police sergeant positions that were authorized and funded (and filled). One of the police sergeants was promoted to the newly created Police Lieutenant position. After the promotion, while the police sergeant position remained “on the books,” but it was left unfilled.

After the decision by the City Council to reduce funding to the Police Department budget for FY 2022-23, only the following positions were allocated funding by the Council:
1 Police Chief
1 Police Lieutenant
1 Police Sergeant
8 Police Officers
* the two (2) Airport police officers are paid for by the Santa Maria Airport under contract so the City’s general fund is not used to pay for them
There was insufficient existing funding in the budget to fill the open police sergeant position AND have funding for the eight (8) police officer positions, and therefore, the Director of Public Safety made the decision not to fill the police sergeant position in favor of keeping funding available for all eight (8) of the police officer positions.

If the Department were actually able to have eight (8) police officers on active duty, there would still be incurring of mandatory overtime (to cover for officers who are ill or on vacation, etc.), but the Department would be able to operate at a minimally acceptable level of efficiency. There would be sufficient officers to cover most shifts and mandatory overtime would be imposed at a 3 reasonable rate; however, the Department is unable to have eight (8) officers on active duty as a practical matter. There are a number of reasons for this, including officers sustaining injuries and going out on workers compensation leaves of absence as well fewer available recruits or lateral transfers due to fierce competition for officers as a result of the sad fact that there are fewer police officers actually employed or seeking employment in the last several years. This trend is not showing any signs of improving.

In Guadalupe, the Department has had at least one officer on a long-term workers compensation leave of absence since the Director of Public Safety was hired. Although an officer may be out on a long-term leave of absence due to injury, the position must remain “open” for the officer to return to once officer has recovered from whatever injury was sustained. Often, unfortunately, even after a long leave of absence, the officer is unable to return to duty. During the entire time of this leave, the Department is unable to hire another officer to “fill in” for the injured officer.

The only way to hire another officer is if there is another open position that is funded by the City’s budget.

At this time, there are two Guadalupe police officers out on a long-term workers compensation injury leave of absence, and thus, there are only a maximum of six (6) officers available for active duty. In addition, the Department has not been able to fill all of the available vacancies in the last several years due to the lack of candidates and competition for those candidates who are seeking employment. For example, as of this date (2/28/23), the Department has only three (3) police officers on active duty. While there are six (6) funded officer positions (not including the two (2) officer positions where the officers on out on workers compensation leaves), there are currently three (3) vacancies. This requires the three (3) officers actually on active duty to work mandatory overtime on an unsustainable basis. In fact, the most recent resignation by a Guadalupe police officer was due to the excessive amount of mandatory overtime being required of the City’s officers who are actually on active duty.

In addition to placing the City’s officers on active duty under great personal strain, this situation has resulted in an increase in the Department’s overtime expenditures past established budgeted allocations. The emergency staffing requirements has increased the officer’s workloads and decreased their downtime for physical and mental recovery. This level of work and additional workload simply cannot be sustained for any extended period of time.

In short, the Guadalupe Police Department is currently in crisis with respect to staffing levels, and immediate action is required to address this situation.

The reality is the Guadalupe Police Department has not been able to achieve full staffing (i.e., 10 police officers) for the last four years or more.

Why are 10 police officers considered “full staffing” in Guadalupe? It is based on the ratio of police officers (field officers vs. managers (e.g., sergeants, lieutenants, etc.)).

The recommended police officer ratio to population in the United States is 1.5 officers per 1,000 residents. In California, the average ratio is 2.5 officers per 1,000 residents (few of the small or medium sized cities meet this average, however). In Guadalupe, 13 police officers would be 4 needed to meet the ratio of 1.5 officers per 1,000 residents (based on an approximate population of 8,500). Given that Guadalupe is a very small city with low levels of crime, a staffing level of 1.5 officers per 1,000 residents is not essential. The “full” staffing of 10 police officers (as previously budgeted before FY 2022-23) results in a ratio of 1.2 officers per 1,000 residents, which is acceptable. However, at this time, with only three (3) police officers on active duty, this ratio is only 0.4 officers per 1,000 residents. Even at eight (8) officers, this is a ratio of less than 1 officer per 1,000 residents.

The Director of Public Safety understands that there may not appear to be adequate general fund revenues to pay for the additional police officers, but it is important that at least two additional police officer positions be appropriated funding in the budget by the Council for the remainder of the current fiscal year and thereafter. As previously mentioned, there are not as many recruits and other candidates for police officer positions at the present time as there have been in the past, and because of this fact, there is intense competition for those persons who are seeking employment as a police officer. Many agencies have established additional compensation incentives for new recruits. Each are competing within the same pool of applicants, and most have incentives to entice applicants.

In the County of Santa Barbara, the City of Guadalupe is the lowest paying police department, and it is a challenge to recruit and retain our officers. Thousands of dollars are spent recruiting and training officers by departments, so retention is important. Most departments offer monetary incentives to recruit and retain officers, for example:

City of Santa Maria
$20,000 hiring incentive ($10k at time of hire / $5k upon successful completion of FTP / $5k upon successful completion of probation, 12 months). * $2500 relocation bonus. * Credit for full years of service with most recent agency (for vacation accrual purposes).

City of Lompoc
Effective immediately, lateral police officers who join from other departments will receive a $15,000 hiring bonus. Police cadets will receive a $5,000 hiring bonus, and police service aides will receive a $1,500 hiring bonus.

Amtrak Police Officer
A $15,000 sign-on bonus will be offered for Police Officer positions in California. $5,000 at beginning of employment and $10,000 upon successful completion of a one-year probationary period.

City of Santa Barbara
City of Santa Barbara Santa Barbara, CA Annually Full-Time $72,057 - $79,443 (Additional $220 to $310 / month for EMD* Certification) The Hiring Bonus has been discontinued until further notice, effective April 1, 2020
City of Grover Beach
$30,000 lateral police officer candidates who successfully complete the hiring process and accept an offer of employment, will be paid a $10,000 bonus the first full pay period of employment, 5 another $10,000 the first full pay period following completion of probation which is 12 months, and $10,000 in the first full pay period following their second anniversary date of employment with the city.

City of Arroyo Grande
$5,000 paid upon hire $2,500 paid upon successful completion of Field Training Officer Program $2,500 paid upon successful completion of 12-month Probationary Period. 40 hours of vacation time is also included in the hiring incentive package.

Santa Barbara County Sheriff’s Office
$20,000 upon completion of the hiring process.

To address this issue, the Council may want to consider implementing an incentive recruitment program that could be activated in the next budget year. Options the City of Guadalupe could offer the following additional incentives to recruits:

Leave Time
• 80 hours of sick time – 40 hours at the completion of their Field Training Officer Program (6 months after hiring) and 40 hours after completion of probation (12-month period) • 80 hours of vacation – 40 hours at the completion of their Field Training Program (6 months) and 40 hours after completion of probation (12-month period) Financial Incentive
$10,000 - $5,000 paid upon successful completion of Field Training Officer Program and $5,000 paid upon successful completion of 12-month probationary period.

Relocation Assistance
$10,000 paid for moving and relocation to area upon hiring.

Home Buying Assistance
Up to $75,000 secured city loan for USDA or other type lender down payment mortgage loan.

The issue of additional incentives is a discussion for another time, but it is mentioned now to make the Council aware that some type of incentive program may become a practical necessity to ensure that the Department is able to hire adequate staff.

Making this difficult situation even more problematic is that the recruitment process for police officers usually takes between 8 to 12 months to conduct all the phases of the hiring procedures:
• candidate interviews
• background investigation
• polygraph testing
• medical testing
• phycological testing.
6 Then, after a successful hiring process, the new officer must undergo a 12-month probation period before he/she is allowed to work by themself without direct supervision. In total, from interviews to completion of training an officer for patrol duties usually takes approximately 20 to 24 months. Starting the recruitment process gives the City a hiring list to work from as openings come available.

While the City can, and does, recruit whenever there is a vacancy, the City cannot recruit for a vacancy where an officer is on a long-term workers compensation leave. Those positions are not considered open or vacant positions. This was less of a problem when the Department had funding for full staffing of 10 police officer positions, but with the reduction to only eight (8) police officer positions, every officer that must go out on a leave of absence for a work-related injury has the effect of “eliminating” an active-duty officer and does not allow the Department to recruit for a “replacement.”
The truth is, as evidenced by the fact that the City has not been able to maintain full staffing of 10 police officers for more than four (4) years, even if the Council immediately approved funding for two additional police officer positions this fiscal year (and in the next), it is highly unlikely that the Department will have all 10 positions filled. Therefore, it is highly unlikely that the City will actually have to use general fund revenues for 10 police officer positions.

The question could then be asked: why authorize two additional positions if the Department will not be able to actually fill them as a practical reality? The answer is that having these additional positions available will assist with the City’s recruitment by allowing more job offers to be made than can be done at the present time.

While the Department could advertise for police officer positions “contingent upon funding,” it is unlikely that candidates would spend their time applying for a position that may not even be funded. Yet, that is precisely what is happening to the Department with having less than 10 police officer positions funded. As mentioned, there are only three (3) police officers currently available for active duty as of this date. The Department is actively recruiting, and can make offers to up to three (3) candidates, and if all of them accepted, the Department would have only six (6) police officers on active duty (with two (2) still out on workers compensation leaves). If, however, the Council authorized two (2) additional police officer positions, the Department could make job offers up to five (5) positions, and if all were accepted, the Department would have eight (8) officers on active duty. Even if the two (2) officers currently on workers compensation leaves were to return to duty, given the history of the past 4-5 years, the Department is unlikely to maintain full staffing of 10 officers for very long. If one or both officers do not return to duty and there are eight (8) officers on active duty, the Department could consider whether to make additional offers officers to candidates on an eligibility list or not. Either way, the Department would have much needed flexibility for hiring decisions to maintain an acceptable level of staffing.

So far, nothing has been said about the police sergeant position and the emergency preparedness coordinator position, but it should not be inferred that these positions are not important: they are. The situation, however, is similar to a house on fire: The immediate concern is to put the fire out, and secondarily, how to prevent it from occurring again. Both concerns are important, 7 but one is more pressing. For the Guadalupe Police Department, getting funding for two additional police officer positions is of the utmost importance. Of lesser importance, but still very important, is adding a police sergeant position and an emergency preparedness coordinator position for long-term sustainability of the Department and the Department’s ability to respond to the community’s needs.

Another level of supervision on the command staff in addition to the police chief and police lieutenant is desperately needed to relieve the strain and burden currently being placed on these positions and also to help develop and train new recruits. While additional police officers are the priority, a police sergeant is also important in the long run.

With the recent disaster flooding, the need for an emergency preparedness coordinator has been made clear. This position is needed to interact with federal, state, and local entities to work to recover funding, assist victims, and work to restore the City to its previous status. This is an allencompassing position that requires expertise, dedication, and building community and governmental relationships to utilize and leverage during crisis situations. This position is very important as well, and it should be funded, but it is of slightly lesser importance that the two additional police officer positions.

FISCAL IMPACT:

Per Finance Department (02/2023), the cost of the requested positions including salary and benefits is as follows:
• Two (2) Police Officers $182,879.42
• One Sergeant $102,345.15
The Emergency Preparedness Coordinator position would be paid at the $37.38 hourly rate with a yearly cost of $108,986.

The annualized cost for all positions is $394,210.

As noted above, the actual impact to the general fund would likely be less given that the Department is unlikely to be able to maintain staffing of ten (10) police officers during an entire fiscal year.

Agenda Item No. 15

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of February 28, 2023
_________________________________ _________________________________ Prepared by: Approved by:

Philip F. Sinco, City Attorney Todd Bodem, City Administrator SUBJECT: Further consideration of a (revised) proposed ordinance adding Chapter 8.80 to the Guadalupe Municipal Code entitled “Vacant Commercial Property Registration and Property Maintenance” relating to the required registration and maintenance of vacant commercial buildings.

RECOMMENDATION:

It is recommended that the City Council introduce the “Vacant Commercial Property Registration and Property Maintenance” on first reading as revised since the meeting of January 24, 2023, and continue it to the meeting of March 14, 2023, for second reading and adoption.

BACKGROUND:

This item was originally included on the Council’s agenda for its meeting on January 24, 2023. A comprehensive staff report on the details of the ordinance was included with the agenda packet and will not be summarized here. Any member of the public interested in this prior staff report may access it on the City’s website at: https://ci.guadalupe.ca.us/wp-content/uploads/2023/02/CC-Agenda-2-14-2023- Links.pdf
Local property owner and attorney Stew Jenkins was one of several persons who spoke on this item at the meeting. Mr. Jenkins urged the City Council not to introduce the ordinance as he believed it included unconstitutional provisions. The City Council ultimately voted to introduce the ordinance and continue the item to its next regular meeting on February 14, 2023, for the second reading and adoption of the ordinance.

Less than two hours prior to the commencement of the February 14, 2023, Council meeting, Mr. Jenkins emailed a letter detailing his legal positions and criticisms of the proposed ordinance to all members of the City Council, the City Administrator, and the City Attorney. A copy of this letter is attached hereto. (See Attachment 1).

Given the complexity of the legal arguments in this letter, and the short time before the Council meeting, the City Attorney asked the City Council to continue the second reading of the proposed ordinance to its next regular meeting on February 28, 2023. The Council agreed and voted to continue the second reading to its meeting on February 28, 2023.

Philip F. Sinco

DISCUSSION:

The City Attorney has completed his review and analysis of the legal arguments in Mr. Jenkins’ letter, and concluded that there is some merit in his argument(s) and has, therefore, revised the proposed ordinance to correct the possible (and unintentional) constitutional violations in the ordinance as it was originally proposed. For that reason, the City Council must conduct another “first” reading of the ordinance since it was changed since the first reading was conducted on January 24, 2023. Accordingly, if the Council votes to introduce the revised ordinance and conduct the first reading at its meeting this evening, second reading and adoption will take place at the next regular Council meeting on March 14, 2023.

Mr. Jenkins’ letter sets forth three main points that the ordinance (as originally proposed) result in it being unconstitutional or otherwise in violation of law. Rather than try to summarize his contentions, they are set forth here as he stated them:

1. Punish the owners of commercial and industrial real property who decline to waive their right against search of their property and business records absent a search warrant issued by a judge upon probable cause, and by removing their right to keep their [property] vacant until they locate a tenant whom the owner finds suitable.

2. By requiring registration of vacant properties, requiring listing with a commercial real estate broker or equivalent, and by imposing warrantless inspection requirements the City is assuming essential ownership rights of control and access over industrial and commercial properties. The City is seizing a significant portion of the allodial ownership rights of the property owner without compensation.

3. By reimposing mandatory warrantless searches of all vacant commercial properties after the [City of Guadalupe] voters repealed substantially similar provisions formerly in Title 5 in a 2014 ballot proposition [Measure W], the Council will violate voters’ reserved power to directly legislate on a subject contained in the California Constitution, Article II.

What follows is the City Attorney response to Mr. Jenkins’ three contentions:

1. There is merit to the contention that property owners of vacant properties may not be required to consent to warrantless searches of their properties. The ordinance has been revised to address this legitimate concern. However, the ordinance does not require any “search” of any business records. The ordinance requires the owner to provide certain information concerning a vacant commercial building (as defined under the ordinance), and this information is simply required to be provided by the owner of any “vacant” building as part of the required registration form. There is nothing unconstitutional about requiring the owner to provide this information, at least, assuming that there is nothing unconstitutional about the registration requirement itself. (Mr. Jenkins makes this contention in his second point, and it will be further in that context). As for his contention that owners of a “vacant” building have a right to keep their building vacant until a suitable tenant is found, there is nothing in the ordinance that prohibits an owner from doing so. The ordinance only requires that any owner who chooses to keep a commercial or

industrial building vacant for more than 90 days (without actively seeking to sell, lease, or rent it) to submit a registration form and pay a fee (initially and annually so long as the building remains “vacant”). This may be more burdensome on a property owner than not requiring the owner to do these things, but that does not render the registration and associated fees unconstitutional or violative of any laws.

2. Leaving aside the point about warrantless searches (which has been conceded), the remainder of these contentions are meritless. By requiring registration of vacant properties (as defined by the ordinance), the City is not exercising any ownership rights over the property. The City is acting pursuant to its inherent “police power” to protect the health, safety, and welfare of the public. The provision about listing of a vacant property with a commercial real estate broker or equivalent is not a legal requirement, but rather, merely one way that an owner of a vacant building can demonstrate that it meets an exception in the ordinance that would allow the owner to avoid the registration and fee. Since the City is not exercising any ownership rights, “just compensation” is not required.

3. It is not clear which provision of the California Constitution, Article II, that Mr. Jenkins contends the proposed ordinance violates. This Article concerns voting, initiatives, and referenda, and it is asserted in connection with Measure W (2014) approved by the City of Guadalupe voters. This measure repealed the previous provisions in the Guadalupe Municipal Code concerning business licenses. Its main purpose was to increase the amount of business license tax assessed to businesses. While the previous provisions of the Guadalupe Municipal Code may have included provisions about inspections of businesses which for the sake of argument may have been unconstitutional (the City Attorney has not been able to review the previous provisions to confirm this), it is irrelevant (even if true) with respect to the proposed ordinance as revised since the revisions adequately address Mr. Jenkins’ legitimate legal contentions concerning warrantless searches. To the extent that there is any merit whatsoever to Mr. Jenkins’ contentions concerning the voters’ repeal of previous business license inspections, this would, at most, be limited to inspections (or warrantless searches) as a requirement for the issuance of business license and not any other types of inspections (e.g., for health and safety purposes).

The ordinance as originally proposed provided that any owner of a vacant commercial property (as defined by the ordinance) “shall” make the property available for an annual inspection to ensure that the building continues to comply with all health and safety requirements. The use of “shall” was unfortunate and incorrect. The proposed revisions to the ordinance include changing this word to “may” and adds that an owner may decline to grant consent for this annual inspection. (See Attachment 2, which is a copy of the proposed ordinance with the revisions made since the January 24th meeting). The revisions also provide that, in case of such a denial, the City may seek an administrative search warrant from a superior court judge, and if granted and if the search results in violations of the City’s Municipal Code, the owner may be responsible to pay the City’s administrative costs pursuant to the procedure set forth in Chapter 8.50 (Property Nuisances) of the Guadalupe Municipal Code. To be clear, had the ordinance as originally proposed been enacted, and had any owners refused to grant consent for an inspection, the City would have obtained an administrative search warrant from a superior court judge anyway since that is already the legal requirement in such situations; however, it is well and good that

Mr. Jenkins objected to this portion of the ordinance (as originally proposed) because this provided the City the opportunity to correct any implication that a warrantless search would actually take place.

Finally, although not specifically objected to by Mr. Jenkins, the ordinance, as originally proposed, required the owner of any vacant building to provide authorization to allow the Guadalupe Police Department to detain or arrest any trespassers at such building pursuant to California Penal Code section 602. This is something that most property owners elect to do on a routine basis since it is a benefit to them, but in light of Mr. Jenkins’ objections about forcing a property owner to allow a warrantless search of the property, staff believed it was appropriate to revise this provision of the ordinance so that the property owner would only be “requested” to provide a signed consent form (not required to do so).

As modified to clarify that no warrantless searches of any vacant buildings would take place, staff is comfortable recommending that the City Council introduce the (revised) ordinance on the first reading and continue the item to its next regular meeting on March 14, 2023, for the second reading and adoption.

FISCAL IMPACT:

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

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

ATTACHMENTS:

1. Letter from Stew Jenkins dated February 14, 2023.

2. 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.” ATTACHMENT 1

ORDINANCE NO. 2023-507

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

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

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

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

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

Chapter 8.80 - VACANT COMMERCIAL PROPERTY REGISTRATION AND

PROPERTY MAINTENANCE

8.80.010 Purpose.

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

8.80, as "this chapter."

8.80.020 - Definitions.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

8.80.040 - Registration requirements.

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

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 requiredwill be asked 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.

C. 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 may 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 owner(s) may decline to provide grant consent for such inspection(s); however, a city designated officer(s) may request an administrative search warrant pursuant to California Code of Civil Procedure sections 1822.50, et seq. If such search warrant is granted and if any search reveals any violations of Chapter 8.50 or other relevant section(s) of this Code, the owner(s) may be subject to pay for the administrative costs incurred by the City in investigating or abating such violations as authorized by relevant provisions of Chapter 8.50 of the Guadalupe Municipal Code.

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

8.80.090 Owner inspection requirements.

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

8.80.100 Penalties—Procedures.

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

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

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

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

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

8.80.110 Declaration of public nuisance.

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

SECTION 2. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA guidelines, and has been found to be exempt pursuant to §15306 of the CEQA Guidelines(Information Collection) because it does not have the potential to create a physical environmental effect.

SECTION 3. The City Council declares that each section, subsection, paragraph, subparagraph, sentence, clause, and phrase of this Ordinance is severable and independent of every other section, subsection, paragraph, subparagraph, sentence, clause, and phrase of this Ordinance. If any section, subsection, paragraph, subparagraph, sentence, clause, or phrase of this Ordinance is held invalid, the City Council declares it would have adopted the remaining provisions of this Ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this Ordinance should remain in effect after the invalid portion has been eliminated.

SECTION 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 28th day of February 2023, and PASSED AND ADOPTED at a regular meeting of the City Council on the 14th day of March, by the following roll call vote: Motion
AYES:

NOES:

ABSENT:

ABSTAINED:

I, Todd Bodem, Deputy City Clerk of the City of Guadalupe, DO HEREBY CERTIFY that the foregoing Ordinance, being Ordinance, being Ordinance No. 2023-507 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held March 14, 2023, and that same was approved and adopted.

ATTEST:

Todd Bodem, Deputy City Clerk

Ariston Julian, Mayor
APPROVED AS TO FORM:
_________________________________
Phillip F. Sinco, City Attorney
Agenda Item No. 16

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of February 28, 2023
_______________________________
Prepared by:

Todd Bodem, City Administrator
SUBJECT: Appointment of Councilmembers to Various Boards and Committees RECOMMENDATION:

It is recommended that the Mayor nominate, and the City Council ratify the Mayor’s nominations, having to do with appointments to various boards and committees which require Council representation.

BACKGROUND:

There are currently eight boards and committees for which City Council members sit as representatives of the City of Guadalupe. The Mayor makes the appointments, and the City Council confirms the selection.

Attached is the City's Local Appointment List of Boards and Committees, maintained by the Administration Dept. (Attachment 1). These pages contain information about each of the boards, including the current representatives and alternates, as well as the purpose of the various boards.

Council members should review the Committee List and prepared to indicate your interest in serving during Council discussion on this item. Please also keep in mind that where Committee qualifications do not require an elected official the Council may choose to fill a committee position with a staff member to ensure the City is represented.

FISCAL IMPACT:

Only one of the seven boards and committees provides a stipend to its members. SBCAG independently pays a $100 per meeting stipend to its Board member. Travel expenses incurred by Councilmembers to various board and committee meetings have not historically been provided to Councilmembers.

Impact to the Community:

Appointments of Council members / Staff members to various boards will help assure that Guadalupe is well represented when countywide matters and issues come before these boards and committees.

ATTACHMENTS

1. Council Appointments to Boards and Committees List
1 CITY OF GUADALUPE

LOCAL APPOINTMENT LIST
BOARDS * COMMITTEES
This handout lists the City’s boards and committees whose members are appointed by the City Council. Vacancies are posted as required by law, and applications are kept on file for a period of one year. Unless otherwise noted, the Mayor shall appoint members to official City boards and committees, and they shall be ratified by the City Council.

Questions may be directed to the Administration Office:

Phone: (805) 356-3891
Fax: (805) 343-5512
E-mail: [email protected]
Address: 918 Obispo Street
Guadalupe, CA 93434
ATTACHMENT 1
2 SANTA BARBARA COUNTY ASSOCIATION OF GOVERNMENTS (SBCAG) DUTIES AND QUALIFICATIONS:

A voluntary council of governments formed under a joint powers agreement executed by each of the general purpose local governments in Santa Barbara County.

Responsible for the planning and implementation of State and Federal programs requiring a multijurisdictional entity including:

Airport Land Use Commission (ALUC)
Congestion Management Agency (CMA)
Local Transportation Authority (LTA)
Metropolitan Planning Organization (MPO)
Regional Transportation Planning Agency (RTPA)
Service Authority for Freeway Emergencies (SAFE)
For more information please visit: www.sbcag.org
MEMBERSHIP:

Thirteen-member board consisting of a Mayor or City Council representative from each of the eight cities in the County and the five members of the Board of Supervisors. City representatives are appointed by their City Councils.

CURRENT MEMBERS:

Mayor Ariston Julian (also serves on the North County Sub-regional Planning Committee and CalVans Board1) Councilmember Liliana Cardenas (Alternate)
MEETING SCHEDULE:

Meets at 10:00 a.m. the third Thursday of each month. A stipend is paid by SBCAG in the amount of $100 per meeting to the representative Mayor/Councilmember or alternate to attend its meetings with a maximum of $400 per month.

MEETING LOCATIONS (ALTERNATES):

Will probably be via Zoom or attendance in North County hearing room until further notice.

Board of Supervisors’ Hearing Room Board of Supervisors’ Hearing Room County Administration Building County Administration Building 105 East Anapamu Street 511 East Lakeside Parkway
Santa Barbara, California 93101 Santa Maria, CA 93455 1 A stipend is paid by Santa Barbara County Association of Governments (SBCAG) in the amount of $100 per meeting to the Councilmember representative or alternate who attends its meetings 3 Santa Barbara County Association of Governments
Board of Directors
2023 Meeting Schedule
Meetings are held on the 3rd Thursday of each month.

Meetings normally convene at 10:00 AM and generally conclude by 12:00 PM.

Dates Locations
January 19 Santa Maria
February 16 TBD
March 16 TBD
April 20 TBD
May 18 TBD
June 15 TBD
July 20 TBD
August 17 TBD
September 21 TBD
October 19 TBD
November 16 TBD
December 21 TBD
SANTA Board of Supervisors Hearing Room
BARBARA 105 East Anapamu Street, 4th Floor
Santa Barbara, CA 93101
Remote Testimony Location:

Santa Maria Board of Supervisors Conference Room
511 East Lakeside Parkway, Santa Maria, CA 93455
SANTA Board of Supervisors Hearing Room
MARIA 511 East Lakeside Parkway
Santa Maria, CA 93455
Remote Testimony Location:

Santa Barbara Board of Supervisors Hearing Room
105 East Anapamu Street, 4th Floor, Santa Barbara, CA 93101 4 North County Subregional Planning Committee
2023 Meeting Schedule
Meetings are held on the second Wednesday of the month. Meetings convene at 10:00 AM and generally conclude by 12:00 PM.

An e-mail will be sent prior to the meeting date notifying you that the agenda and staff reports have been posted to the SBCAG website at Santa Barbara County Association of Governments - Home (civicweb.net). Should a meeting be cancelled, you will be notified by e-mail.

Meeting Location
Via Zoom until further notice
Dates
January 11
February 8
March 8
April 12
May 10
June 14
July 12
August 9
September 13
October 11
November 8
December 13
5 AIR POLLUTION CONTROL DISTRICT BOARD OF DIRECTORS
DUTIES AND QUALIFICATIONS:

Providing policy direction to the Air Pollution Control Officer, and Appointing Community Advisory Council members. Implements Federal and State mandated rules and programs to achieve clean air.

Sets policy for local air programs, adopts locally developed rules and regulations to improve air quality. Refers complaints to the Air Pollution Control Officer for resolution. Lobbies for effective laws relating to air pollution control. Seeks innovative measures to provide air quality benefits.

Reviews and approves APCD annual budget. Appoints APCD hearing Board members and the Air Pollution Control Officer. The APCD Boards is an autonomous body with no requirement to make annual reports.

For more information please visit: https://www.ourair.org/ MEMBERSHIP:

Term in unspecified. Board of Supervisors plus one elected official from each City in the County.

CURRENT MEMBERS:

Mayor Ariston Julian
Councilmember Tony Ramirez (Alternate)
MEETING SCHEDULE:

The APCD Board meets seven times a year, on the third Thursday of January, March, and May in Santa Barbara; and in June, August, October and December in Santa Maria at 1:00 p.m. in the Board of Supervisors’ Hearing Room.

MEETING LOCATION (ALTERNATES):

Board of Supervisors’ Hearing Room Board of Supervisors’ Hearing Room County Administration Building County Administration Building 105 East Anapamu Street 511 East Lakeside Parkway
Santa Barbara, California 93101 Santa Maria, CA 93455
6 CENTRAL COAST WATER AUTHORITY
DUTIES AND QUALIFICATIONS:

Joint powers agency monitors and administers activities in this area concerning importation and delivery of supplemental water via the Coast Branch Aqueduct Phase II of the State Water Project and report to its members. Such activities may involve the State Water Contract, the Department of Water Resources and/or Santa Barbara County Flood Control and Water Conservation District and the water supply retention agreements.

For more information please visit: www.ccwa.com
MEMBERSHIP:

Each member water entity appoints its own representative.

CURRENT MEMBERS:

Mayor Ariston Julian
Councilmember Tony Ramirez (Alternate)
MEETING SCHEDULE:

Meets on call, usually on a monthly basis.

MEETING LOCATION:

Central Coast Water Authority
255 Industrial Way
Buellton, CA 93427
7 TWITCHELL MANAGEMENT AUTHORITY
DUTIES AND QUALIFICATIONS:
* Administer the Management of Santa Maria Valley Management Area. * Fund, administer, construct and manage Capital Improvement Projects consistent with the Twitchell Project Manual.
* Fund an annual report of Hydrogeologic conditions, water requirements, supplies and disposition of the Santa Maria Valley Management Area.

For more information please visit:
https://www.cityofsantamaria.org/city-government/departments/utilities-sewer-watertrash/twitchell-management-authority-documents

VOTING MEMBERS
City of Guadalupe
City of Santa Maria
Golden State Water Company
Stipulating Landowners Group

NON-VOTING MEMBERS
Santa Maria Valley Water Conservation District
CURRENT MEMBERS:

Mayor Ariston Julian- Primary
Councilmember Eugene Costa Jr.

MEETING SCHEDULE:

Meetings take place on a quarterly basis.

MEETING LOCATION:

Santa Maria Regional Landfill
2065 East Main Street
Santa Maria CA 93454
8 CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (JPIA)
DUTIES AND QUALIFICATIONS:

The Executive Committee provides policy and governance direction to the Authority’s staff on the California JPIA’s programs and services.

The Board members govern the JPIA, they meet annually and vote on the agenda for the next year and on who will be on the Executive Committee.

For more information please visit: https://cjpia.org/about/meetings-agendas/ MEMBERSHIP:

The City Council nominates one member and one alternate.

CURRENT MEMBERS:

Councilmember Liliana Cardenas
Councilmember Tony Ramirez (Alternate)
MEETING SCHEDULE:

The California Joint Powers Insurance Authority Board of Directors meet annually in July.

MEETING LOCATION:

California JPIA
8081 Moody Street
La Palma, CA 90623
9 GUADALUPE SENIOR CENTER ADVISORY COMMITTEE
DUTIES AND QUALIFICATIONS:

To assist the City of Guadalupe, council and staff, with the direction as to the most efficient use of the senior center facility which meets the identified needs of local senior center residents.

MEMBERSHIP:

The City Council nominates one member and one alternate.

CURRENT MEMBERS:

Mayor Ariston Julian
Councilmember Gilbert Robles (Alternate)
MEETING SCHEDULE:

Meets the second Tuesday of every month at 2:30 p.m.

MEETING LOCATION:

Guadalupe Senior Center

RESILIENCE-GUADALUPE LEADERSHIP TEAM
This is a leadership team that works with Los Amigos de Guadalupe (LADG) to give feedback, suggestions and direction to the LADG team on the Resilience -Guadalupe Plan.

CURRENT MEMBERS:

Councilmember Liliana Cardenas
Mayor Ariston Julian
10 MICROENTERPRISE ADVISORY COMMITTEE
Los Amigos de Guadalupe (LADG) developed CDBG microenterprise assistance guidelines which were approved August 11, 2020. The Load Advisory Committee (LAC) shall have an odd number of members. The membership of the LAC will be approved by the Guadalupe City Council. The Load Advisory Committee shall volunteer for this board. The LAC membership is as follows:

1. The City of Guadalupe Finance Director

2. Designated staff member of the Economic Development Collaborative (EDA)/Small Business Development Center.

3. Member of the City of Guadalupe Council, assigned by the Mayor.

Loan Advisory Committee members are responsible for reviewing each loan application funding proposals and making recommendations to a Guadalupe City Council Approved Grantee staff. Load Advisory Committee may request additional information and or attached contingencies for final approval and loan, grant or forgivable loan closing.

CURRENT MEMBERS:

Councilmember Liliana Cardenas
Staff: Lorena Zarate, Finance Director
CITY OF GUADALUPE BOARD APPOINTMENTS 2023-2024
Effective: February 28, 2023 - December 10, 2024
2023-2024

BOARD/COMMISSION PRIMARY ALTERNATE
Santa Barbara County Association of
Governments (SBCAG)
Santa Barbara County Air Pollution Control
District (APCD)
Central Coast Water Authority (CCWA)
Twitchell Management Authority
California Joint Powers Insurance Authority
Guadalupe Senior Center Advisory Committee
Resilience- Guadalupe Leadership Team
Microenterprise Advisory Committee