Agenda packet — Guadalupe City Council, March 14, 2023

March 14, 2023 City of Guadalupe Council Meeting Agenda Page 1 of 5 City of Guadalupe
AGENDA
Regular Meeting of the Guadalupe City Council
Tuesday, March 14, 2023, at 6:00 pm
City Hall, 918 Obispo Street, Council Chambers
The City Council meeting will broadcast live streamed on the City of Guadalupe’s Official YouTube channel: https://www.youtube.com/channel/UCaxeHWd9JkmvKnGFU8BAYQQ If you choose not to attend the City Council meeting but wish to make a comment during Community Participation Forum or on a specific agenda item, please submit via email to [email protected] no later than 2:00 pm on Tuesday, March 14, 2023.

Please be advised that, pursuant to State Law, any member of the public may address the City Council concerning any item on the Agenda, before or during Council consideration of that item. If you wish to speak on any item on the agenda, including any item on the Consent Calendar or the Ceremonial Calendar, please submit a speaker request form for that item. If you wish to speak on a matter that is not on the agenda, please do so during the Community Participation Forum.

The Agenda and related Staff reports are available on the City’s website: www.ci.guadalupe.ca.us Friday before Council meeting.

Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be made available the Friday before Council meetings at the Administration Office at City Hall 918 Obispo Street, Monday through Friday between 8:00 am and 4:30 pm, and also posted 72 hours prior to the meeting. The City may charge customary photocopying charges for copies of such documents. Any documents distributed to a majority of the City Council regarding any item on this agenda less than 72 hours before the meeting will be made available for inspection at the meeting and will be posted on the City’s website and made available for inspection the day after the meeting at the Administrator Office at City Hall 918 Obispo Street, Monday through Friday between 8:00 am and 4:30 pm.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, including review of the Agenda and related documents, please contact the Administration Office at (805) 356.3891 at least 72 hours prior to the meeting. This will allow time for the City to make reasonable arrangements to ensure accessibility to the meeting.

1. ROLL CALL:

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

Mayor Ariston Julian

2. PLEDGE OF ALLEGIANCE
March 14, 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

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

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

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

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

B. Approve payment of warrants for the period ending March 6, 2023.

C. Approve the Minutes of the City Council regular meeting of February 28, 2023.

D. Adopt, on the second reading, Ordinance No. 2023-507 regarding vacant commercial property registration and property maintenance.

E. Adopt Resolution No. 2023-16 approving the increase in contingency for the 2022 Pavement Rehabilitation Project inspection services from the previously approved 15% to 30%.

F. Adopt Resolution No. 2023-17 approving an amendment to La Guardia Townhomes Conditions of Approval.

G. Adopt Resolution No. 2023-18 approving City staff to submit an application package to California Arts Council (CAC) which will allow CAC to release $8,000,000 in project funds, $5,000,000 of which will be used for the Royal Theater renovation project, and the remaining $3,000,000 will be disbursed to the Housing Authority of Santa Barbara County for the community center as Escalante Meadows.

March 14, 2023 City of Guadalupe Council Meeting Agenda Page 3 of 5 H. Approve, by motion, the submission of an application to voluntarily merge three separate lots owned by the City that are part of the proposed Royal Theater renovation project into one lot and authorize the Mayor to sign the application on behalf of the City.

I. MONTHLY REPORTS FROM DEPARTMENT HEADS

1. Planning Department report for February 2023

2. Building Department report for February 2023

3. Public Works /Engineering report for February 2023

8. CITY ADMINISTRATOR REPORT: (Information Only)

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

PUBLIC HEARING

10. Amendments to the adopted 2042 General Plan Land Use Diagram.

Written report: Larry Appel, Contract Planning Director Recommendation: That the City Council:
a. Receive a presentation from staff; and
b. Conduct a public hearing; and
c. Adopt Resolution No. 2023-15 approving amendments to the 2042 Guadalupe General Plan Land Use Diagram, Exhibit 1.

11. Property rezones to achieve consistency with the adopted 2042 General Plan Land Use Diagram and other amendments to the zoning ordinance (Chapter 18).

Written report: Larry Appel, Contract Planning Director Recommendation: That the City Council:
a. Receive a presentation from staff; and
b. Conduct a public hearing; and
c. Introduce first reading of Ordinance No. 2023-509 amending the zoning designations on various properties identified in Exhibit 1, and amending various sections of the zoning ordinance (Chapter 18).
d. Continue to March 28, 2023, for second reading and adoption.

REGULAR BUSINESS

12. Mid-year budget adjustments for fiscal year 2022-23.

Written report: Robert Perrault, Interim Finance Director & Janice Davis, Finance Director Recommendation: That the City Council adopt Resolution No. 2023-19 appropriating funds from the General Fund reserve and adjusting the General Fund, Enterprise, Special Funds, and American Rescue Plan Act ARPA Fund.

March 14, 2023 City of Guadalupe Council Meeting Agenda Page 4 of 5

13. Resolution continuing the existence of a local state of emergency.

Written report: Todd Bodem, City Administrator
Recommendation: That the City Council adopt Resolution No. 2023-20 continuing the local state of emergency ratified by the City Council at its meeting on January 17, 2023.

14. FUTURE AGENDA ITEMS

15. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS

16. ADJOURNMENT TO CLOSED SESSION MEETING

CLOSED SESSION

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

18. Public Employee Performance Evaluation
(Pursuant to Government Code Section 54957(b))
Title: Director of Public Safety

19. ADJOURNMENT TO OPEN SESSION MEETING

20. CLOSED SESSION ANNOUNCEMENTS

21. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall display case and website not less than 72 hours prior to the meeting. Dated this 9th day of March 2023.
______________________________
Todd Bodem, City Administrator
Todd Bodem
March 14, 2023 City of Guadalupe Council Meeting Agenda Page 5 of 5

PROPOSED FUTURE CITY COUNCIL AGENDA ITEMS
Council Meeting: Date and Subject Department Agenda Category City Council & Recreation Joint Meeting
Facility Fee Schedule Recreation & Parks Dept. Workshop Tuesday, March 28, 2023, at 6:00 pm / Regular Meeting
Second Reading of Ordinance No. 2023-509 Planning Department Consent Calendar 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 Tuesday, April 25, 2023, at 6:00 pm / Regular Meeting
Other Unscheduled Items Proposed
Date of Item
Department Agenda Category
Tree Ordinance Public Works New Business
Sidewalk Vending Ordinance Planning Department New Business 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
Appointments to various boards and
committees
Administration Regular Business

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
62 63
64 65
66 67
February 28, 2023 City of Guadalupe Council Meeting Minutes Page 1 of 8

MINUTES
City of Guadalupe
Regular Meeting of the Guadalupe City Council
Tuesday, February 28, 2023, at 6:00 pm
City Hall, 918 Obispo Street, Council Chambers

1. ROLL CALL:

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

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

2. PLEDGE OF ALLEGIANCE

3. MOMENT OF THANKS, APPRECIATION OR CONDOLENCES.

The Mayor stated his condolences to the people that died in the Turkey earthquake. The death toll in Turkey and Syria as of Monday, two weeks after a massive quake that left nearly 50,000 people dead.

4. AGENDA REVIEW
Mayor Julian requested that the following order of the agenda be change under Regular Business:
• Item 14 becomes 13
• Item 13 becomes 14

5. CEREMONIAL CALENDAR
• Swearing-in Josue Ramirez, Police Officer
The City Council moved Josue Ramirez swearing-in ceremonial to the March 14, 2023, City Council meeting.
• Recognizing Firefighter of the year – Guadalupe Reyes, Fire Engineer Public Safety Director Michael Cash provided a brief overview in honoring and recognizing firefighter of year, Guadalupe Reyes.

Agenda Item No. 7C
February 28, 2023 City of Guadalupe Council Meeting Minutes Page 2 of 8 Fire Engineer Reyes approached the podium giving his ceremonial speech thanking all in attendance.

6. PRESENTATION
• Family Service Agency -The Little House by the Park, Sam Duarte Family Services Director, Sam Duarte provided a PowerPoint Slide and presentation during the meeting. Mr. Duarte mentioned that the Little House by the Park offers resources and services to help families and individuals in Guadalupe. Programs include food assistance, clothing, counseling, health insurance application assistance, employment assistance, and leadership development opportunities.

The Little House by the Park is a trusted intermediary between residents and community institutions such as the Guadalupe Union School District. At Little House by the Park, families and individuals are not seen as vital and integral part of their community.

Our Case Managers work together to help families that need help with medical, insurance, housing, counseling, and nutritional needs.

The Guadalupe Parent Academy offers free educational opportunities in four key areas:

Leadership Development, Education, Health, and Parenting.

The Guadalupe Community Changers is a group of parents who support the development of community projects. They encourage other parents to be more engaged in their children’s education and create leadership opportunities for their own development.

Mr. Duarte said that they are looking for a new location but currently have meetings at the following locations:

LITTLE HOUSE BY THE PARK-NORTH
Guadalupe Court
4202 11th St
Guadalupe, CA 93434
Meet on Tuesday and Thursday

LITTLE HOUSE BY THE PARK-SOUTH
Riverview Townhomes
234 Calle Cesar E Chavez
Guadalupe, CA 93434
Meet on Monday, Wednesday, and Friday
For more information about of programs, contact us at (805) 343-1194.

Council Member Hernandez thank Mr. Duarte for engaging in this community and this input helped her decide to run for city council.

February 28, 2023 City of Guadalupe Council Meeting Minutes Page 3 of 8 Mayor Julian said that prior to COVID Pandemic, there were meetings at different sites and there is good reason to include Spanish and Mixteco speaking translation to open the ‘trust’ level.

Mayor Julian asked about the status of the Farmers market. Duarte said thy are still working on it.

Council Member Lizalde asked if you are looking for readers, please contact us. We appreciate that you are open to the community.

Mr. Duarte thanked the city council.

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

Mr. George Alvarez approached podium stating that it might be a good idea to collaborate with the Santa Barbara County sheriff’s department to help solve public safety problems and concerns for service needs.

Alvarez then talked about vandalism and broken windows caused by homeless people. There needs to be consequences and education on collaboration on area agency resources.

Lastly, Alvarez mentioned the need for better blending of water and asked, “what happened to the state allotment of water?”
Lilian Doty talked about the need to continue with community meetings like what was done a month ago in the Pasadera neighborhood. The City needs to help Pasadera enforce its rules and follow up on them per the HOA.

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.

February 28, 2023 City of Guadalupe Council Meeting Minutes Page 4 of 8 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.

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
Item 8H c. was pulled by Council Member Lizalde
Motion was made by Mayor Pro Tempore Costa Jr. and seconded by Council Member Lizalde to approve the balance of the Consent Calendar (except H1C, which was pulled, discussed and approved by separate motion). 5-0 Motion passed.

Discussion ensured from Council Member Lizalde about the roles and responsibilities of code enforcement and the associated calls and separation on reporting of cases and complaints. Public Safety Director Michael Cash said the complaints are separated.

Motion was made by Council Member Lizalde and seconded by Council Member Robles to approve the Consent Calendar H1C. 5-0 Motion passed.

9. CITY ADMINISTRATOR REPORT: (Information Only)
City Administrator Bodem mentioned that on Thursday, March 9th everyone in the community is invited to a Ribbon Cutting Ceremony for The Ron Estabillo Clubhouse at Le Roy Park and the Boys and Girls Club from 5:30 to 7:30 p.m.

Mr. Bodem was invited by Council Member Hernandez to attend the i Viva el Arte de Santa Barbara event on Monday, February 27th at Mary Buren. Bodem stated that it was a great time.

10. DIRECTOR OF PUBLIC SAFETY REPORT: (Information Only) Public Safety Director Michael Cash updated the City Council about the following:

Police
February 28, 2023 City of Guadalupe Council Meeting Minutes Page 5 of 8 Received a $15,000 State Grant to put together an officer wellness program.

Emergency Preparedness
Contacted FEMA to schedule a meeting to begin the ‘Public Assistance Program’ to receive funds expended by the City during the disaster.

Other
Will be having a meeting with the consultant to discuss the impact fees. Fire stating at full strength. EOC was activated last Friday. Strike team helped with fallen tree during storm.

PUBLIC HEARING

11. Measure A Local Program of Projects.

Ms. Shannon Sweeney, Public Works Director/City Engineer provided a written report and presented it with the recommendation that the City Council adopt a Resolution for Measure A Local Program of Projects.

Public Hearing opened at 6:59 p.m. No one was present to discuss this in public.

Public Hearing closed at 7:00 p.m.

Motion was made by Council Member Lizalde and seconded by Mayor Pro Tempore Costa Jr. to adopt Resolution No. 2023-13 approving the 2023/2024 through 2027/28 Measure A Local Program of Projects for the City of Guadalupe. 5-0 Motion passed.

REGULAR BUSINESS

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

Mr. Robert Perrault, Interim Finance Director & Ms. Janice Davis, Finance Director provided a written mid-year FY 2022/23 budget report with recommended budget adjustments to the various funds.

Mr. Perrault read through a PowerPoint slide presentation highlighting city council goal statement progress and showcased a fairly balanced mid fiscal year budget.

After a summary of the city’s budget, Mr. Perrault recommended that Council direct staff to develop a resolution incorporating changes noted in the report based on the projections for Council consideration at the March 14, 2023, City Council meeting.

Council, by consensus, agreed.

February 28, 2023 City of Guadalupe Council Meeting Minutes Page 6 of 8

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

Mr. Michael Cash, Director of Public Safety, provided a written report and gave an overview of his recommendation for the City Council to consider 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.

Mr. Rob Doty shared his concern about the plague of our public safety, particularly, the fire department, and suggested the best way to solve the issue is hire a fire chief independent of the police chief with the added responsibilities of the emergency manager.

City Administrator Bodem expressed his concern on how the city will be able to pay for the additional employees the Chief wants to hire in this fiscal year and the fiscal year budget for these positions. The two new officer positions and emergency manager position was eliminated as part of the $1M cuts to balance the FY 22-23 budget. “Why not backfill the unfilled budgeted positions first?” Bodem asked, what about the other part of last fiscal year departmental cuts, will they be up for council consideration too? Finally, ARPA funds will be running out in July 2024. The number of city council goals is to expand the recreation opportunities. Council used one-time ARPA to hire recreation, parks and facility staff with the understanding that after the ARPA funds were exhausted that they’d be covered under the general fund.

After extensive discussion, Council, by consensus directed city staff to place the matter of hiring an emergency preparedness coordinator on the agenda for consideration at the March 14, 2023, City Council meeting. Council will revisit the other positions during next fiscal year budget discussions.

14. 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.

A written report and verbal overview were provided by Shannon Sweeney, Public Works Director/City Engineer suggesting the City Council approved the list of names of veterans for streets in parks in Pasadera.

Motion was made by Council Member Hernandez and seconded by Council Member Robles to 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. 5-0 Motion passed.

February 28, 2023 City of Guadalupe Council Meeting Minutes Page 7 of 8

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.

A written report was provided Philip Sinco, City Attorney. Mr. Sinco provided an overview and recommended that the city council take into consideration some minor word amendments suggested by Mr. Stew Jenkins.

Motion was made by Council Member Lizalde and seconded by Mayor Pro Tempore Costa Jr. to 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. 5-0 Motion passed.

16. Appointment of Councilmembers to various boards and committees.

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

Under the Mayors recommendation, it was decided to table this item until the March 14, 2023, City Council meeting for consideration.

17. FUTURE AGENDA ITEMS

18. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS
Council Member Hernandez said she attended the father/daughter event last Friday and it was great to see male role models. Hernandez also stated 800 students saw the Mariachi event at Mary Buren on Monday.

Council Member Robles mentioned that they got approval from McKensie Jr. High School’s new Wrestling program to include both male and female students.

Mayor Julian met with SBCAG on February 16th to push Caltrans to meet about cluster at Hwy 1 and 166. He also said that on February 9th, the food distribution/bank served 205 individuals. Mayor Julian would like to see an overview of the ARPA funds provided at the next City Council meeting as there are two new Council members.

Council Member Lizalde gave some ‘kudos’ to Recreation and Parks Manager, Hannah Sanchez for all of the amazing new programs and functions developed to include the dodgeball program, etc.

She suggested that city staff find ways to continue to provide on-line registration opportunities. She also said that the father / daughter dance was wonderful and thanked volunteers.

February 28, 2023 City of Guadalupe Council Meeting Minutes Page 8 of 8

19. ADJOURNMENT TO CLOSED SESSION MEETING
Motion was made by Mayor Pro Tempore Costa Jr. and seconded by Council Member Hernandez to adjourn into closed session at 9:05 p.m. 5-0 Motion passed.

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
Motion was made by Mayor Pro Tempore Costa Jr. and seconded by Council Member Lizalde to adjourn into open session at 9:39 p.m. 5-0 Motion passed.

23. CLOSED SESSION ANNOUNCEMENTS
No reportable action.

24. ADJOURNMENT
Motion was made by Mayor Pro Tempore Costa Jr. and seconded by Council Member Hernandez to adjourn the meeting at 9:40 p.m. 5-0 Motion passed.

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

Page 1 of 1 ends

Agenda Item No. 7D

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

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

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

BACKGROUND:

The City Council introduced Ordinance No. 2023-507 at its meeting on February 28, 2023. This constitutes the second reading of the ordinances.

ATTACHMENTS:

1. Ordinance No. 2023-507 entitled “An Ordinance of the City Council of the City of Guadalupe, California, Adding Chapter 8.80 to the City of Guadalupe Municipal Code Concerning Vacant Commercial Property Registration and Property Maintenance.” Philip Sinco
ORDINANCE NO. 2023-507

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

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

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

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

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

Chapter 8.80 - VACANT COMMERCIAL PROPERTY REGISTRATION AND PROPERTY

MAINTENANCE

8.80.010 Purpose.

Recognizing that vacant buildings contribute to blight in the city, discourage economic development, diminish appreciation of property values, endanger public health and safety, attract criminal activity, and create fire hazards, it is the responsibility of property owners to prevent buildings from becoming a burden to the neighborhood and community and a threat to the public health, safety, and welfare. The City Council finds that vacant buildings result in increased expenditures for police, fire, and code enforcement inspections and calls. Maintenance ATTACHMENT 1
of public health, safety, and welfare thus requires the city to maintain an accurate registration of all vacant commercial buildings and to impose each of the requirements, procedures, and penalties set forth herein. The ordinance codified in this chapter shall be known as the "vacant commercial property registration and property maintenance ordinance," and is hereinafter referred to within this Chapter 8.80, as "this chapter."

8.80.020 - Definitions.

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

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

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

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

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

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

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

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

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

3. In the case of a structure or portion of a structure designed or intended as a hotel or motel, the owner or operator is actively engaged in operating such premises as a hotel or motel.

At a minimum, active engagement as a hotel or motel requires that the owner or operator participate as a certified registrant of the Transient Occupancy Tax Ordinance of the City of Guadalupe (Chapter 3.20 of the Guadalupe Municipal Code) with respect to such premises.

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

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

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

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

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

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

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

1. The city may collect any unpaid registration fee by use of any method authorized by law, including procedures set forth in Chapter 8.50.

8.80.040 - Registration requirements.

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

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

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

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

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

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

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

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

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

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

B. Upon registration of a vacant commercial building, the owner will 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 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.

8.80.090 Owner inspection requirements.

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

8.80.100 Penalties—Procedures.

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

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

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

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

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

8.80.110 Declaration of public nuisance.

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

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

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

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

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

INTRODUCED at a regular meeting of the City Council on the 28th day of February 2023, by the following roll call vote:

MOTION: MEGAN LIZALDE / EUGENE COSTA JR.

AYES: 5 Councilmembers: Costa Jr., Hernandez, Julian, Lizalde, Robles NOES: 0
ABSENT: 0
ABSTAINED: 0
PASSED AND ADOPTED at a regular meeting of the City Council on the 14th day of March 2023, by the following roll call vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:
____________________ ___ ______________________
Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
______________________________
Philip F. Sinco, City Attorney

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Agenda Item No. 7E

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

_______________________________ _________________________________ Prepared by: Approved by:

Shannon Sweeney Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: Additional funding request for 2022 Pavement Rehabilitation Project inspection services.

RECOMMENDATION:

That the City Council adopt Resolution No. 2023-16 which approves the increase in contingency for the 2022 Pavement Rehabilitation Project inspection services from the previously approved 15% to 30%.

DISCUSSION:

On October 11, 2022, the City Council approved Resolution No. 2022-86, authorizing the City to execute a contract with Filippin Engineering for inspection services on the 2022 Pavement Rehabilitation Project in the amount of $50,840.00, with a 15% contingency of $7,626.00 over the original contract amount.

This construction project has been fraught with challenges, including numerous rainstorms and the complexity of Frontier Communications’ subcontractor installing conduit for fiber optic cable in the same location. The project inspector for this project helped to ensure that Frontier Communications’ subcontractor fixed its subpar work and spent a considerable amount of time coordinating work between the cable contractor and the paving contractor. The inclement weather has caused the paving contractor to work late hours, and constantly adjust the schedule (the success of paving is very sensitive to weather conditions). In addition, the paving contractor spent a significant amount of time redoing work, tearing out ramps and sidewalks that did not meet specifications.

Understandably, all the items listed above resulted in more hours of inspection than originally planned.

Filippin Engineering estimates that the cost to complete this project will be $65,720.00, which is $14,880.00 above the original contract price, and above the authorized contingency amount.

Authorizing the contingency to 30% will enable the consultant to complete the section services needed by the City to accomplish a successful paving project.

FISCAL IMPACT:

At this time, total project costs are anticipated to be $1,537,744.09 for construction and $65,720.00 for inspection for a total of $1,603,464.09. As of January 31, 2023, cash balance in all streets funds was $1,900,024.92. Therefore, the increase of $7,626.00 can be absorbed.

Shannon Sweeney

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Note that approximately $2,500 worth of in the inspector’s time was directly related to coordination with Frontier Communications and therefore will be pulled from Frontier Communications’ encroachment permit deposit to cover these costs.

ATTACHMENTS:

1. Resolution No. 2023-16

2. Original Agreement

3. Amendment No. 1

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RESOLUTION NO. 2023-16

A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE INCREASING THE CONTINGENCY FOR THE 2022 PAVEMENT REHABILITATION PROJECT INSPECTION SERVICES CONTRACT FROM 15% TO 27% TO COVER AN ESTIMATED $6100.80 OF ADDITIONAL UNANTICIPATED COSTS WHEREAS, on October 11, 2022, the City Council approved Resolution No. 2022-86, authorizing the City to execute a contract with Filippin Engineering for inspection services on the 2022 Pavement Rehabilitation Project in the amount of $50,840.00, with a 15% contingency of $7,626.00 over the original contract amount; and
WHEREAS, unanticipated inspection costs occurred due to weather, coordinating multiple contractors, and replacement of subpar infrastructure; and
WHEREAS, the inspection services contractor estimates an additional $7,626.00 over the original approved contingency; and
WHEREAS, allowing the inspector to continue providing inspection services on the 2022 Pavement Rehabilitation Project helps protect the City by ensuring a quality product.

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

SECTION 1. The City Administrator is authorized to approve change orders to the inspection services contract associated with the 2022 Pavement Rehabilitation Project up to 30% of the bid price, if deemed necessary.

SECTION 2: That the Mayor is authorized to sign Amendment No. 1 to the Agreement for Consultant Services between the City of Guadalupe and Filippin Engineering (attached to the staff report for this item) on behalf of the City of Guadalupe.

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

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

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTACHMENT 1

Page 2 of 2 ends

I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2023-16, 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:
______________________________ ____________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
______________________________
Philip F. Sinco, City Attorney
ATTACHMENT 2

City Atty Rev 8/21 1
AMENDMENT NO. 1

TO AGREEMENT FOR CONSULTANT SERVICES

BETWEEN

THE CITY OF GUADALUPE
AND

FILIPPIN ENGINEERING
The City of Guadalupe, a municipal corporation (“City”) and Filippin Engineering (“Consultant”) hereby agree to the following amendments to their agreement approved by the City of Guadalupe on October 11, 2022 (the “Original Agreement”), to be effective March 14, 2023:

Section 4. Compensation and Method of Payment.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Contractor up to a total amount not to exceed $65,720.00 unless approved by the City Council.

Except as provided by the foregoing, all other terms and conditions of the original Agreement will remain the same.

CITY: CONSULTANT:

CITY OF GUADALUPE Filippin Engineering
By:______________________________ By:_________________________________ Ariston Julian, Mayor Gino Filippin, Owner/Principal
APPROVED AS TO FORM:
__________________________________
Philip Sinco, City Attorney
ATTACHMENT 3

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Agenda Item No. 7F

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

_______________________________ _________________________________ Prepared by: Approved by:

Shannon Sweeney Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: La Guardia Townhomes Conditions of Approval amendment.

RECOMMENDATION:

That City Council approve an amendment to the La Guardia Townhomes Conditions of Approval.

DISCUSSION:

On July 26, 2022, the City Council held a public hearing and adopted Resolution No. 2022 – 629 approving 2022 – 001 – GPZ for a land use designation amendment and 2022 – 002 – BR, including DR findings, CEQA Class 32 exemption, and Conditions of Approval for townhomes for the LaGuardia Townhomes project. After adoption of the Conditions of Approval, the Fire Department identified the need for a fire hydrant on La Guardia to meet fire code regulations. This request was not expected to be difficult, as it was assumed that there was already a water main running down La Guardia.

There is no water main in La Guardia. So, the developer addressed the hydrant request by proposing to install a 208 foot 6-inch diameter hydrant run from the water main on 11th St. through the private property to La Guardia. This proposal would result in a dedicated public hydrant run through private property. While this proposal would satisfy the Fire Department’s request for a fire hydrant, the 208 feet of 6-inch diameter water line would be more useful as a water main underneath La Guardia than a hydrant run on private property. This water main would be even more useful to the overall water distribution system if it connects the water main under Gularte to the parallel water main 630 feet away at the end of La Guardia cul-de-sac. The developer is already required as a Condition of Approval to install a sidewalk along the entire length of La Guardia. The best time to install the 630 feet of water main is under the sidewalk before it is built.

Since the developer is already obligated to the original 208 feet of water main. An additional 422 feet of water main will benefit the City, and therefore, City staff asked the developer if he would be willing to install this extra 422 of water main under La Guardia in exchange for a reduction in the otherwise required water connection fees for this public improvement.

In addition, the developer is responsible for undergrounding the electrical and communication lines the front the property. On the February 21, the developer received an email from PG&E recommending Shannon Sweeney

Page 2 of 2 ends

against undergrounding these overhead wires at this time because they are part of an unelected milelong overhead primary, secondary, and communication wire run and new down guy wires would be required. Due to PG&E’s recommendation, the City is willing to waive this requirement.

The Planning Department has calculated the water connection fees for this property at $65,898. The value to the City for the developer to install the additional waterline is approximately that amount (422 feet x $150/ft). The developer recognizes the cost savings associated with not undergrounding the power lines, and is willing to pay $13,998 in connection fees if that condition is waived. The result is that $51,900 is waived and developer pays $13,998 of water connection fees.

The developer has agreed to this additional Condition of Approval:
“Applicant shall install a 6-inch water main from the water main on Gularte to the water main at the end of La Guardia, including valves and appurtenances per City of Santa Maria standards and to the satisfaction of the City Engineer, and a hydrant off of this main in a location satisfactory to the Fire Department. In exchange, the City will waive $51,900.00 of water connection fees.” ATTACHMENTS:

1. Resolution No. 2023-17

2. Amendment 1 to the La Guardia Townhomes Project Conditions of Approval

Page 1 of 2 ends

RESOLUTION NO. 2023-17

A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE APPROVING AN AMENDMENT TO

THE LA GUARDIA TOWNHOMES CONDITIONS OF APPROVAL
WHEREAS, on July 26, 2022, the City Council held a public hearing and adopted Resolution No. 2022 – 629 approving 2022 – 001 – GPZ for a land use designation amendment and 2022 – 002 – BR, including DR findings, CEQA Class 32 exemption, and Conditions of Approval for townhomes for the LaGuardia Townhomes project; and
WHEREAS, after adoption of the Conditions of Approval, the Fire Department identified the need for a fire hydrant on La Guardia to meet fire code regulations, but no water main exists in La Guardia on which to connect a hydrant; and
WHEREAS, a water main in the public right-of-way on La Guardia serves the City more than a public hydrant run crossing private property, and will facilitate additional development along this street; and WHEREAS, PG&E recommends against the condition requiring the developer to underground communication and power wires adjacent to the property.

WHEREAS, the required water connection fees for this property is $65,898, but the value to the City for the developer to install the additional waterline is approximately that amount (422 feet x $150/ft = $63,300), and the developer recognizes the cost savings associated with not undergrounding the power lines, and is willing to pay $13,998 in connection fees if that condition is waived, which the City is willing to do in light of PG&E’s recommendation; and
WHEREAS, the result is that a total of $51,900 of the required connection fees would be waived and developer would pay at total of $13,998 for water connection fees.

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

SECTION 1: That a total of $51,900 of the required water connection fees is hereby waived in light of the value to the City for the additional 422 of waterline under La Guardia.

SECTION 2: That the LaGuardia Townhomes Project Conditions of Approval be amended as provided in Amendment No., 1 to the LaGuardia Townhomes Conditions of Approval, attached hereto as Exhibit 1.

SECTION 2: That the Director of Public Works is authorized to sign Amendment No. 1 on behalf of the City of Guadalupe.

ATTACHMENT 1

Page 2 of 2 ends

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

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2023-17, 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.

TO CONDITIONS OF APPROVAL

FOR THE

LAGUARDIA TOWHOMES PROJECT
The City of Guadalupe, a municipal corporation (“City”) and Lupe Alvarez (“Developer”) hereby agree to the following amendments to the conditions of approval approved by the City of Guadalupe on July 16, 2022 (the “Original Conditions”), to be effective March 14, 2023:

1. Waive condition 31 requiring all new and existing electrical, telephone, and communication utility distribution service wires on-site and in adjacent easements be placed underground.

2. Add condition 55 which states the following:
“Applicant shall install a 6-inch water main from the water main on Gularte to the water main at the end of La Guardia, including valves and appurtenances per City of Santa Maria standards and to the satisfaction of the City Engineer, and a hydrant off of this main in a location satisfactory to the Fire Department. In exchange, the City will waive $51,900.00 of water connection fees.” Except as provided by the foregoing, all other terms and conditions of the original Agreement will remain the same.

CITY: DEVELOPER:

CITY OF GUADALUPE Lupe Alvarez
By:______________________________ By:_________________________________ Shannon Sweeney Lupe Alvarez
Director of Public Works
APPROVED AS TO FORM:
__________________________________
Philip F. Sinco, City Attorney
ATTACHMENT 2
Agenda Item No. 7G

REPORT TO THE GUADALUPE CITY COUNCIL
Agenda of March 14, 2023
__________________________________
Prepared by:

Todd Bodem, City Administrator
SUBJECT: Approval of resolution to authorize staff to submit a application package forstate funding the Royal Theatre renovation project and the community services center at Escalante Meadows to the California Arts Council (CAC).

RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 2023-18 approving City staff to submit an application package to CAC, which will allow CAC to release 8,000,000 in project funds, $5,000,000 of which will be used for the Royal Theater renovation project, and the remaining $3,000,000 will be disbursed to the Housing Authority of Santa Barbara County for the community center as Escalante Meadows.

BACKGROUND:

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

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

In September of 2020, the City hired Carole Denardo to complete a historic resource inventory and evaluation of the Royal Theatre building at 848 Guadalupe Street to determine if the Royal Theater meet the criteria to be both a federal and state historical property. The report was submitted to the City in February 2021 and indicated the Royal Theatre building meets the eligibility standards for the National Register/California Register.

On February 25, 2021, the City Council approved Carole Denardo to complete the application for submission to the National Register, allowing the Royal Theatre building to be listed on the Historical registry for both the federal and state. This was successfully complete in March 2022.

The City was subsequently successful in obtaining funding for the construction phase of the project from the federal Economic Development Administration (EDA) in the amount of $4,889,121.

The City was also successful in having $5,000,000 for the Royal Theater renovation project included in the year’s State Budget due to the support of Senator Monique Limón. The budget language stated CAC would be the pass- though state angency to disburse and manage these funds.

On February 28, CAC provided an application package to the City that required all documents be submitted to CAC by March 31, 2023, so the project scope can be evaluated, and a Grant Agreement can be developed.

Note:

Due to the way the language in the authorizing legislation, the City will receive the funds, and a contract, for two Guadalupe projects for a total of $8,000,000. The legislation language states:
"(G) $8,000,000 to the City of Guadalupe and Housing Authority of Santa Barbara County (HASBARCO) FOR THE RENOVATAION OF THE HISTORICAL Royal Theatre and construction of community services center."
Based on the above language CAC has indicated they will be disbursing $8,000,000 to the City of Guadalupe, of which, $3,000,000 will then be disbursed to HASBARCO for the construction of the community center at Escalate Meadows.

DISCUSSION:.

The City is also using bond funds transferred to the City (as successor agency for the City’s former redevelopment agency) as a match to the EDA funds. The City is also in the process of applying for tax credits, which, if received, will be available to reimburse the City for the bond funds (or for other purposes subject to the direction of the City Council/Successor Agency Board. These two additional funding sources should ensure that any cost increases will have an additional source of funds for contingency and operational costs.

To allow the City to access the CAC funds, the City will need to complete the award/contract package for the total grant in the amount of $8,000,000. The HASBCARCO will submit to the City their $3,000,000 award/contract package to the City, and the City will include both projects into one package with two projects totally $8,000,000. Once the contract is signed and the $8,000,000 is disbursed to the City, the City Attorney will develop a contract agreement for the HASBCARCO to sign ensuring that it will be responsible for using the funds pursuant to the state and CAC’s requirements (and indemnifying the City if it fails to comply with these requirements). Once that agreement is signed, the City will disburse the $3,000,000 to HASBCARCO.

FISCAL IMPACT:
$8,000,000 in State funds will be advanced to the City once the contract is signed and the funds request has been submitted to CAC. The City will be able to use $5,000,000 of these funds in a similar was to a construction brigde loan. The City can pay for all project costs and have the funds repenished with EDA reimbursements, until a EDA are expended. The remaining $3,000,000 in funds will be disbursed to HASBCARCO for the community services center at Escalante Meadows after a future date.

ATTACHMENTS:

1. Resolution No. 2023-18

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RESOLUTION NO. 2023-18

A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE APPROVING THE APPLICATION FOR

GRANT FUNDS FOR THE RENOVATION OF THE HISTORICAL ROYAL THEATER

AND CONSTRUCTION OF COMMUNITY SERVICES CENTER
WHEREAS, the Legislature and Governor of the State of California have approved a grant for the project(s) shown above; and
WHEREAS, the California Arts Council has been delegated the responsibility for the administration of the grant project(s), setting up necessary procedures; and
WHEREAS, said procedures established by the California Arts Council, require the City of Guadalupe (“Grantee”) to certify by resolution the approval of application(s) before submission of said application(s) to the state; and
WHEREAS, the Grantee will enter into an agreement with the State of California for subject project(s).

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

SECTION 1: Grantee approved the acceptance of general fund allocation for local assistance for the above project(s); and
SECTION 2: Grantee certifies that it understands that assurances and certification in the Project(s) Information Form.

SECTION 3: Grantee certifies that it will have sufficient funds to operate and maintain the project(s) or will enter into an agreement with another entity to perform said operation and maintenance.

SECTION 4: Grantee certifies that it has reviewed and understands the General Provisions contained in the Project(s) Agreement shown in the Procedural Guide.

SECTION 5: Grantee appoints the Mayor to conduct all negotiations, execute and submit all documents, including but not limited to Project Information Form, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s).

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

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTACHMENT 1

Page 2 of 2 ends

I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2023-18, 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.

REPORT TO THE GUADALUPE CITY COUNCIL
Agenda of March 14, 2023
__________________________________
Prepared by:

Todd Bodem, City Administrator
SUBJECT: Voluntary Lot Merger Application for Royal Theater Renovation Project RECOMMENDATION:

It is recommended that the City Council approve, by motion, the submission of an application to voluntarily merge three separate lots owned by the City that are part of the proposed Royal Theater renovation project into one lot, and authorize the Mayor to sign the application on behalf of the City.

BACKGROUND:

The City’s former Redevelopment Agency of the City of Guadalupe (RDA) purchased the property where the Royal Theater is located and two adjacent lots in 2001 with the intention of redeveloping these properties into a community performing arts center. With the dissolution of the RDA, ownership transferred to the Successor Agency (SA) in 2012. In accordance with state law, the SA adopted a Long-Range Property Management Plan (LRPMP) to guide the disposition of the property.

The LRPMP stipulates that the theater should be transferred to the City and ultimately the theater should be renovated as some form of performing arts center.

The City has been making progress on this project. The City has used former RDA bond funds to pay for design plans for the renovation project, and has obtained funding for the construction phase of the project from the federal Economic Development Administration (EDA) in the amount of $4,889,121, and has also been successful in having $5,000,000 included in the year’s State Budget that it will receive from the California Arts Council. The City is also seeking to obtain tax credits to provide further revenues for this project.

DISCUSSION:

The design plans for the project involve construction of additions to the existing Royal Theater structure that would have to be constructed across the currently existing property lines of the two adjacent lots, which is not allowed under the California Building Code. For that reason, it is necessary to merge these lots into one lot prior to the commencement of construction. Under the Subdivision Map Act, there are three ways that this can be done: (1) by grant deeds (which is only 2 available to public entities under the Act); (2) by a lot line adjustment; or (3) by a voluntary merger.

City staff determined that the voluntary merger process as the best overall option.

The owner of properties to be voluntarily merged must sign an application for the voluntary merger in order to commence the process. Since the City owns the lots in question, the City Council must approve submission of the voluntary merger application. Staff recommends that the City Council approve submission of the voluntary merger application, and also, that it authorize the Mayor to sign the application on behalf of the City.

FISCAL IMPACT:

No impact to the general fund. Funds to cover staff costs related to the application will be paid by the former RDA bond funds.

ATTACHMENTS:

1. Application for Voluntary Merger
ATTACHMENT 1

PLANNING DEPARTMENT
City of Guadalupe
918 Obispo Street
P.O. Box 908
Guadalupe, CA 93434
Tel (805) 356-3903
To: Mr. Mayor and City Councilmembers
From: Larry Appel, Contract Planning Director
Date: March 2, 2023 Planning Report Covering February 2023

MINISTERIAL PROJECTS
Zoning Clearances Approved 2
Zoning Clearances Denied 0
Zoning Verification Letters 0
Business Licenses Approved 2
Business Licenses Denied 0
ADUs approved 1
AUP for short-term rental 0

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

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

Agenda Item No. 7I 1.

Ministerial Permit Report– February 2023
(Reported 3-2-2023)
Zoning Clearance Approvals
2023-001-ZC Crandall Carports 4573 Twelfth Street
2023-009-ZC Veteran’s Signage 1025 Guadalupe Street
ADU Approvals2022-052-ZC Quintanilla ADU 238 Campodonico Avenue Business License Approvals
Central Gold Coast Unltd. Online sales 1056A Guadalupe Street Leyva Daycare 14 child daycare 4407 Fir Street
Business License Denials
None
Guadalupe City Planning Department
Planning Processing Summary for February 2023
(3-2-23 update)
Case No. Name Submittal
Date
Comp. Date Status OK for Bldg.

Permit Issuance
2022-088-LM -
Voluntary Lot
Merger
Trudy Brands December 5,
2022
Under Review. NO
2022-093-LS -
Residential Lot
Split
Lupe Alvarez December 19,
2022
Under state SB9 Code provisions at 246
Egret Lane. Under review
NO
Ordinance No.
2023- 509
Consistency Rezone January 2023 N/A Rezone scheduled to City Council on March 14, 2023
NO
2022-063-LM Mahoney Lot Merger August 11,
2022
INC 9-11-22 Incomplete Application Letter sent on
September 11, 2022.

NO
2022-065-LLA - La
Guardia
La Guardia
Townhomes lot line
adjustment
August 22,
2022-
COMP. Changed from an LLA to Lot Merger per
Govt. Code and approved by City Engineer
December 2023.

NO
2022-016-GPZ
2022-017-DR
2022-018-VTTM
Snowy Plover 3-10-22 Incomplete 4-
09-22
Application resubmitted on February 24, 2023 NO
2022-048-CUP Element 7 Retail
cannabis dispensary
INC 9-17-22 January resubmittal by applicant. Review by staff and cannabis consultant.

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

CITY OF GUADALUPE

BUILDING DEPARTMENT

STATUS REPORT
MONTH: February 2023
This Month Last Month Year to Date Last Year
Visitors 28 31 59 44
Inspections 114 132 246 847
Building Permits
Issued 16 15 31 60
Certificate of
Occupancy 3 2 5 13
VISITORS: Permits, planning application submittals, submitted plan updates, general information Agenda Item No. 7I 2.

Building Department - Inspections Log - February 2023

1 Public Works/Engineering Report
February 2023
Development
151 Obispo
On February 13, the two meters, 1-1/2 and 2-inch, on this site, were downsized to 1 1- inch meter, meeting the condition of approval regarding the undersized sewer main downstream of this site. On February 2, the business owners shared information on the new sidewalk installation. City staff are scheduled to meet with the owners onsite on March 8 to discuss moving forward on this item.

Pasadera
The City assisted Pasadera in moving forward on the installation of the water line crossing on Highway 166 at Flower Street by submitting the encroachment permit application to Caltrans under the City’s name on February 7. Caltrans issued the encroachment permit for this work on February 15.

City staff worked with the development engineer on clarifying the details of the list of veterans’ names to be applied to streets and parks in the Pasadera development. This list of names was approved by City Council on February 28.

Other
In February, Line Works, a subcontractor to Frontier Communications, continued installing conduit for high-speed Internet fiber in the neighborhood west of Pioneer Street.

Most of the work was substandard and needed to be redone. City staff spent considerable amount of time in February coordinating this work and attempting to ensure that the project does not have long-term negative ramifications on City infrastructure.

City staff reviewed three encroachment permit applications on February 22, 5 applications on February 27, and 2 on February 28.

General
Agenda Item No. 7I 3.
2 Special projects
Public Works staff worked on several special projects requested by others along with normal tasks of emptying streets trash cans twice a week, daily street inspection, bulky trash pickup, and weekly cleaning of the pedestrian bridge in the month of February including:
• February 1: Streets staff assisted water staff in digging out meter boxes in preparation for new meters. Streets staff assisted wastewater staff in reconnecting piping in the effluent spray field.
• February 2: streets staff assisted water department staff in digging out meter boxes in preparation for new meters. Streets staff assisted wastewater staff in reconnecting piping in the effluent spray field. Coordinated with cable contractor, who was operating without adequate traffic control. • February 3: Streets staff assisted wastewater staff in reconnecting piping in the effluent spray field and coordinated with a plumber to repair facility piping. • February 6: streets staff assisted water department staff in digging out meter boxes in preparation for new meters.
• February 15: Weeding on both sides of Obispo Street.
• February 17: Meeting with roofing contractor to get ideas on how to approach City Hall roof replacement.
• February 20: Holiday.
• February 21: Coordinate work with contractor trimming trees on Guadalupe Street.
• February 22: Meeting with railroad staff to discuss 11th and railroad project. • February 23: Fall protection awareness and lockout tag out safety training for all public works staff. Storm preparation.
• February 27: Storm cleanup.

The Public Works Director participated in the following meetings in February:
• February 1: Santa Barbara Transit Advisory Committee (SBTAC) meeting.

Weekly 2022 pavement rehabilitation project field meeting. Weekly effluent pump station field meeting.
• February 2: Transportation Technical Advisory Committee (TTAC) meeting.

Central Coast Community Energy (3CE) technical advisory committee meeting.

Central Park renovation project monthly progress meeting. • February 3: Low Carbon Transit Operations Program (LCTOP) meeting with SBCAG. Waste water treatment plant inspection by Regional Water Quality Control Board
3 • February 6: meeting with consultant to discuss City website content for Public Works department. Integrated Regional Water Management (IRWM) cooperating partners meeting. Meeting with consultant to discuss progress on this water Master plan and associated documents.
• February 8: Central Coast Trash Amendment Collaborative meeting. • February 9: American Public Works Association Public Works Director forum. • February 10: 2022 pavement rehabilitation project field meeting. EconAlliance meeting to discuss broadband progress.
• February 13: meeting to discuss progress on resiliency plan. CalOES/FEMA meeting.
• February 14: Guadalupe/PG&E State of the Utility meeting. • February 15: 2022 pavement rehabilitation project field meeting. Follow-up discussion on 3CE technical assistance for fleet transition • February 17: meeting to discuss progress on electric bus with Proterra, bus manufacturer.
• February 20: Holiday.
• February 21: ARPA project meeting. Meeting with City of Santa Maria, Caltrans, and SBCAG to discuss capacity issues on Highway 166.
• February 22: LCTOP meeting. Coordination meeting with wastewater treatment plant adjacent landowner. Meeting with railroad to discuss upcoming project at 11th and the railroad. Meet with Clay’s.
• February 23: Central Coast Water Authority (CCWA) board meeting. Meeting with attorney consultant to discuss cell tower lease agreement. 3CE transportation electrification working group meeting.
• February 24: Central Park 50% design review meeting with design team.

Coordination meeting with electric bus manufacturer, Proterra. • February 27: meeting with Al Correale from USDA regarding status of our grant application for the Leroy Park phase II project. There were only three outstanding items for our application to be considered complete, all three in progress. • February 28: joint regional water efficiency program meeting with regional water agencies.

Parks
Central Park
On February 23, the design consultant for the Central Park renovation project, Pacific Coast Land Design, delivered 50% design drawings and an updated cost estimate for City staff review. On February 24, the consultant delivered cut sheets for the equipment being considered in the design for City input. A monthly progress meeting was held on February 2. The consultant discussed the design and cost estimate with the Public Works 4 Director on February 24. City staff is scheduled to meet on March 1 to review drawings and submit comments. The consultant is preparing to present the 50% design to the Recreation and Parks Commission in April.

Leroy Park Phase II
On January 31, City staff submitted the grant application for the $1.7 million earmarked for Leroy Park phase II, which is the addition of the multipurpose building to the community center at Leroy Park. One known outstanding issue was the fact that the federal environmental paperwork, called NEPA, completed for the entire project for the first grant, which was administered by the Housing and Urban Development agency, was not sufficient for United States Department of Agriculture (USDA), which is the federal agency administering the phase II grant. The program manager from USDA indicated that the supplement to our existing meet the would be sufficient, and all of it could be done by city staff except for the biological resources supplement. In February, City staff reached out to the consultant that completed the original NEPA, NCE, to see if they would be willing to complete the biological resources supplement being requested. They agreed.

This supplement is scheduled to be completed in March. The other two remaining elements, some financial information and the architect’s report, are in progress. The City is on track to finalize this grant by the September 2023 deadline.

Streets
2022 Pavement Rehabilitation Project
Construction on this project began on December 5. Concrete work was scheduled to be completed during the month of December, with pavement rehabilitation scheduled for the month of January. However, significant rain events the last week of December and continuing through February have greatly impacted the schedule. The consultant has requested and staff have approved numerous rain days, which will extend this project well into March. This project has required significant staff attention due to several curb ramp redesigns, unanticipated underground conditions, rescheduling due to rain, the holidays, supply chain issues (the asphalt plant shut down because of equipment failure on a critical business day), and trying to accommodate the installation of conduit and fiber optics for high-speed Internet in the same location so that brand-new asphalt will not need to be torn up just after installation. To add to the challenge, the subcontractor to Frontier Communications performed subpar work, much of which needs to be redone to meet City standards or even their own plans. Most of the overlay portion of the project was completed the week of February 27, and the full depth reclamation on Pioneer and Santa Barbara Streets is scheduled for the week of March 6.

Measure A POP
The Measure A Program of Projects (POP) for the upcoming 5 years was developed on February 17. This POP is a requirement for receiving these funds for street maintenance and repair.
5 Transit
EV buses
Staff continues to work with Proterra on details associated with the electric bus. Current estimate is that this bus will be ready for delivery at the beginning of April. However, since the charger for the bus will not be available until August, and it is not recommended to keep the battery uncharged, the City is planning to keep the bus at the manufacturer’s facility for a storage fee until the charger is installed.

State of Good Repair
On February 7, submitted State of Good Repair report for Fiscal Year 21 – 22. $4,440.58 in State of Good Repair funding was applied to new bus shelters installed in 2022.

Water
AMI
City staff continues to replace manual read water meters with touch read meters as the first phase of converting its water meter reading system to Advanced Metering Infrastructure (AMI). 503 meters need to be replaced. Staff replaced 96 of these meters in January and 50 meters in February. Water staff developed an innovative way to support the meter reading device in the meter box lid to reduce tampering and facilitate efficient meter reading.

State Water
On February 22, CCWA project participants were informed that the State Water allocation for 2023 has increased from 30% to 35%. The higher State Water flows the City initiated in January in an attempt to maximize the availability of State Water resulted in some taste and odor complaints due to the presence of geosmin, a harmless but offensive tasting algal byproduct that sometimes occurs in surface water. In response to the receipt of five taste and odor complaints, the City reduced the State Water flow from 350 gpm to 300 gpm to shift the water blend delivered to customers to more local groundwater. City staff will continue to monitor water palatability and State Water availability to maximize the use of our existing water supply with the acceptability of water delivered to our customers.

Groundwater
Additional sizable rainstorms in February continue to augment the volume of our developed water supply behind Twitchell Dam, which rose from 70,000 acre-feet in January to over 100,000 acre-feet in February. This water is released after the rainy season to augment groundwater supply.
6 Pasadera Well
The spare motor for this well was delivered on February 2 and is stored in the same housing as the well itself.

Bonita Tank Demolition
In February, a draft RFQ was developed for this project. Some additional details need to be ironed out prior to issuing this, such as the fate of existing-on-site piping. This RFQ is scheduled to be issued in March.

Distribution System Operations
On February 27, the paving contractor broke a water service line on Olivera Street while performing contracted work on this street. City staff isolated the waterline and facilitated the repair, which was completed by the paving contractor. The service line failure was the result of dissimilar metal corrosion on the service line.

Wastewater
Regulatory
No sewer system overflows occurred in February 2023.

City staff completed the 2022 volumetric annual reports documenting the volume of recycled water produced by the wastewater treatment plant. This report was submitted on February 7.

During the month of February, the City continued to discharge undisinfected treated effluent to the river. The discharge was discontinued for about 3 days in the middle of the month, until the large rainstorms occurred on February 24. At that point, rainwater refilled the holding ponds and the City was unable to pump down the ponds because one of our permit conditions is that we are not allowed to pump when it rains. Invoices and quotes for property damage associated with the flood were submitted as an insurance claim for property damage to JPIA in the month of February.

City staff and its consultant, MKN, continued to work on various documents associated with its wastewater master plan and requested by the Regional Water Quality Control Board (Board). The Off-specification Contingency Plan was completed and submitted to the Board prior to the due date of March 1. Draft technical memo #1, discussing the appropriateness of the effluent sample point, was reviewed by staff and expected to be finalized the beginning of March.
7 Treatment Plant
Staff fixed the sludge pump on February 9. The old pump was not moving sufficient sludge to maintain proper treatment levels. The new pump significantly improves process.

Aerators
Background: In December, City staff purchased two replacement aerators for the wastewater treatment plant process. These aerators were scheduled for delivery in January. At the end of January, City staff was informed that these aerators were on backorder until at least the end of February. Because these aerators are such a critical element of our treatment process, staff contacted Nipomo Community Services District who has two spare aerators. They have agreed to let us borrow the aerators until ours arrive. Update: the borrowed aerators were installed on February 3. One of the two new aerators was delivered on February 17. When staff asked the vendor for the status of the other aerator, the vendor said that they thought it was a duplicate order and cancelled the order for the second aerator. That order has now been reinstalled, and the second aerator is expected in April.

Effluent Pump Station Rehabilitation
The contractor completed all major work and submitted a written request to PG&E on February 2 to activate electrical power for the site. On February 6, the contractor received response back from PG&E acknowledging a request but not giving a start-up date. By February 14, the contractor still had not received a schedule for startup. City staff elevated this issue to its account representative due to the fact that failure to operate the pump station was resulting in continuation of discharge from the holding ponds to the river. This action was successful in getting PG&E to act, as PG&E staff was on-site on February 17 to activate electrical power. The pump station was started up on that day. Substantial completion walk-through is scheduled for March. This project will not be fully completed until the flowmeter is installed, which can only occur once the ponds are lowered by a minimum of 2 feet. As pump station cannot pump more than 1 inch per day in the absence of rain, flowmeters not expected to be installed until April.

Highway 1 Lift Station Replacement Project
Bids were opened for this project on February 7. Bids ranged from $1,432,650.00 to $2,788,000.00, a bit over the engineer’s estimate for this project of $1,150,000.00. The Notice of Award was approved by City Council on February 28.

Pioneer Lift Station Replacement Project
The encroachment permit application for this project was submitted to Caltrans on February 27.
8 Project
# Account # 2022-23 TOTAL
2022-23 Spent/
Encumbered February 2023 Update
100 Buildings089-104 89-4444-3044 155,127 $ 9,358 $ Transition well under way089-105 89-4444-3045 40,840 $ 089-106 89-4444-3077 90,000 $ 089-107 89-4444-3076 70,000 $ 089-108 89-4444-3075 170,000 $ 26,527 $ PG&E design underway 089-109 New Royal Theatre 5,459,320 $
089-110 New Library Relocation 30,000 $
089-111 New City Hall Restroom Redesign - $ canceled $154,000 funds transferred to 089-112 089-112 New 554,000 $ 79,665 $ city hall structural assessment+painting bid 200 Parks
089-201 New 4,882,054 $ 611,887 $ 50% design drawings submitted in February. 089-204 New CDBG (Leroy Phase 2) 1,700,000 $ Three remaining elements for grant application underway 300 Streets, Sidewalks, Bicycle Facilities
089-307 89-4444-3067 200,000 $ 089-308 89-4444-3068 1,700,000 $ 1,471,237 $ Under construction 089-309 89-4444-3097 100,000 $ 100,000 $ Under construction 089-310 New 293,809 $ Developer to address. Drawings submitted and approved 089-311 89-4444-3092 60,000 $ 400 Water
089-406 89-4444-3093 95,000 $ 8,000 $ Attorney met with staff February 23089-407 89-4444-3094 200,000 $ 87,016 $ Meters purchased for conversion 146 of 503 installed 089-408 89-4444-3095 50,000 $ 089-409 89-4444-3096 450,000 $ 379,255 $ Completed 8/9/22 089-410 New 40,000 $ Draft RFQ prepared500 Wastewater
089-503 89-4444-3083 522,821 $ 516,180 $ Pumps began operation February 27. 089-504 89-4444-3084 1,200,000 $ 1,527,264 $ Notice of award issued February 28 089-510 89-4444-3090 90,000 $ 600 Transit
089-603 New 1,700,000 $ 1,138,772 $ $1,049,977.50 bus P.O. $88,794.38 charger P.O. 089-602 New 494,000 $
Transfer to CIP fund 089: 20,346,971 $ 5,955,161 $
Completed/Cancelled

PROJECT DESCRIPTIONS
Financial Accounting Software
City of Guadalupe
Capital Improvement Projects Budget - Fiscal Year 22-23 General Plan UpdatePublic Facilities Master Plan (w/ parks & library)American Legion wood repairBuilding improvements (PD Electrical, misc)City Hall Upgrades (roof & assoc. building repairs)CDBG (Central Park)11th st multimodal path designStreet Rehabilitation FY 22/23Sidewalk repairsLa Guardia SidewalkStorm Drain ImprovementsElevated Tank Repairs/Evaluate Antenna RevenueAdvanced Metering Infrastructure Phase 1SCADA ImprovementsWest Main WaterlineBonita Tank DemolitionEffluent Irrigation Pump Station RehabilitationHwy 1 Lift StationAIPS vaultEV Bus and chargingAmtrak Train Station Rehab (design) CITY ADMINISTRATOR’S REPORT
March 14, 2023
(Information below may be subject to change)

1. Reminder: 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.

ALSO: For the California Arts Council (CAC) funding of the Royal Theatre they are expecting a Disaster Management Plan to be included in the closeout documents. Staff is checking with CAC to see if they have any guidance on what they would want in this type of plan and will let us know what we hear back. This closeout requirement would be required once the performing art center has a certification of occupancy.

Most plans of this type would cover four major topics: Mitigation, preparedness, response, and recovery.

This plan should be done in coordination with the City's Public Safety.

3. City Website Update
The City website consultant has completed the first round of content from Administration/Police & Fire Departments/Human Resources/Public Works/Recreation and Parks/Finance. Staff met with Building and Planning, and they said they needed a few weeks before they get the designer the material and that should start coming in this week. Finance has been a bit delayed due to the Finance Director transition and Tyler integrations. As soon as he can get the information from Planning and Building, the consultant can finish off the Agenda Item No. 8
baseline information and do a 2nd round review at a manager meeting so each department can see what they have and what they still need to get to the consultant.

Elected: We still need images of local officials. Staff would ask the Mayor, City Council, City Clerk, and Clerk Treasurer be available in your ‘Sunday best’ at 4:30 p.m. prior to the March 28th City Council meeting. It will be on location in the chambers —estimating 1.5 hours based on staff project description individual and group photos. These will be included in the new website alongside your bios.

Reminder, please send the City Administrator your bios as soon as possible.

The new website should be ready to launch by no later than May/June 2023.

4. 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.

5. 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

6. Operation Night Tow
Police Chief Michael Cash is putting together an enforcement operation in response to Mayor Pro Tempore Costa Jr. request about trailers parked along the curb. This will also address 72 parking violations. This is so you don’t have to do any paperwork. Chief Cash will present at a later Council meeting during the Public Safety Directors Report.

7. The City and Regional Planning Department at Cal Poly San Luis Obispo The City and Regional Planning Department at Cal Poly contacted the City and would welcome an opportunity to bring a community planning studio or an urban design studio to our city.

Each year, city and regional planning students work with California communities to develop large-scale community-wide plans, specific plans, and urban design plans. The quality of their student work is high and gets increasingly complex through their studio sequence.

Currently, they are specifically looking for opportunities for several studios:
• Community-wide planning studios will be conducted in the Fall and Winter Quarters of 2022-23. Students in the undergraduate and graduate programs will develop background information, conduct field research, engage the public, and create a community-wide plan.
• Urban design studios will be conducted in Spring Quarter 2023, where third-year undergraduate and first-year masters students will engage in a district design or specific plan scale effort.

Most of their studios receive modest sponsorship, which defrays travel costs and other expenses. Since Guadalupe are in an economically or environmentally challenged community, though, they may be able to provide a pro bono studio. They have had great success with many communities in the past. Members of the public have enjoyed engaging the students with their civic aspirations. The products of their past projects have ranged from helpful new background information for the city to formally adopted, award-winning plans.

They are asking if we have projects that might be suitable for student involvement. Staff is working with our planners to discuss possibilities and then see if council is interested. If council has any ideas, please let the City Administrator know….more to come…..

8. GBA Meeting (Parking)
As you know, the parking lot next to the Gym (Alandis property) was blocked off by concrete barriers which will not allow for parking. The City Administrator attended the March 6, 2023, GBA meeting. The group talked about how the GBA can help initiate the conversations about the parking issues suggested to be spearheaded by business owners. A Dunes Center Board person in attendance is going to talk with her Board about seeing if the Far Western could be used as parking. The Trust Pro Manager (Steve) said he is a friend of the Alandis property owner(s) and will work with the owners of the Guadalupe Social Club to see about a mutual parking solution on the adjacent property. It was mentioned to them that the city plaza parking lot can be used for parking, not a long walk. The City Administrator told them that they can park in our 50 x 330-foot Al’s union lot…. they were appreciative of city’s quick action in granting the parking there.

City staff is working to install a public parking sign so people know where to they can park at the public parking plaza.

The conversation then morphed into other city topics and positive conversation including recreation.

Overall, it was a good meeting, always giving great kudos to our Mayor and City Council. Staff will be represented at meetings forward to inform the GBA of City happenings. Next meeting is April 3.

9. February 23 Recreation and Parks Commission Minutes
See attachment 1, Minutes.

10. New Electric Bus
See attachment 2, beautiful image of the electric bus.

'
,

MINUTES

CITY OF GUADALUPE

REGULAR MEETING OF THE RECREATION AND PARKS COMMISSSION TUESDAY, FEBRUARY 7, 2023
Call to Order: Recreation Commission Chair-Joe Harris called the meeting to order at 6:00 p.m.

1. Roll Call: Recreation Manager, Hannah Sanchez, noted the Commissioner attendance as follows:

Commission Chair: Joseph Harris- Present
Commissioner: Enrique Ortiz- Present
Commissioner: Emily Dreiling- Present
Commissioner (Vacant)
Commissioner (Vacant)

2. Pledge of Allegiance
Commissioner Chair Joe Harris was recognized and led the Commission in the pledge of allegiance.

3. Ceremonial Calendar
a. Swearing in of Recreation Commissioners:
i. Michael Jimenez
ii. Trevor Lamberson: Not present at the meeting. Will be sworn in before or at the next Recreation & Parks Commission meeting.

4. Newly appointed commissioners to be seated and given the opportunity to speak. a. Michael Jimenez spoke about his background. He is originally from the San Jose area. He dropped out of high school, but then when back to school. He received his BA degree at UC Santa Cruz and received his law degree at San Francisco.

Lived in Fresno for 35 years, but moved to Guadalupe in 2018 and plans to stay for the rest of his days. Worked for SER Jobs for Progress for the last 25 years and taught Latino studies at city college for 20 years. Looking for value in everything that Recreation and Parks does.

5. Community Participation Forum
No participation.

6. Consent Calendar
A. Motion was made by Dreiling, seconded by Ortiz to approve the December 15, 2022, special meeting minutes. All ayes, 4/0. Motion passed.

February 7, 2023 City of Guadalupe Recreation & Parks Commission Minutes ATTACHMENT 1

ATTACHMENT 2
2042 General Plan Amendment Page 1 of 2 March 14, 2023
Agenda Item No. 10

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

Larry Appel, Contract Planning Director Todd Bodem, City Administrator SUBJECT: Amendments to the Adopted 2042 General Plan Land Use Diagram EXECUTIVE SUMMARY:

The 2042 General Plan was adopted unanimously by the City Council on November 22, 2022. Along with the text, the Council also adopted a new Land Use Diagram (Map) which identified the uses on all parcels within the boundaries of the city. In order to complete the general plan process, it is necessary to prepare a consistency rezone to ensure that those properties that received new land use designations also have a zoning designation that is consistent with the General Plan. It was during that research that staff identified 11 properties that had been mislabeled on the diagram.

Staff is requesting that Council correct those parcels prior to taking action on the Consistency Rezone project. Once approved, staff will have the land use diagram updated.

RECOMMENDATION:

It is recommended that the City Council:
1) Receive a presentation from staff; and
2) Conduct a public hearing; and
3) Adopt Resolution No. 2023-15 adopting amendments to the 2042 Guadalupe General Plan Land Use Diagram, Exhibit 1
DISCUSSION:

This amendment to the adopted 2042 General Plan is necessary to correct the land use designations on eleven parcels within the city. The parcels will be discussed briefly below. 1000 Block Westside of Guadalupe Street
When the diagram was prepared, it misidentified parcels along the westside of the street that included the Veteran’s Building, The Yellow House, Guadalupe Cultural Center and the Dunes Center. All of these were shown as High Density Residential (HDR). These parcels, except for the Veteran’s Building and Fire Department, are recommended to be designated as Downtown Mixed Use (MIX), which is consistent with property across the street as well as the rest of the downtown 2042 General Plan Amendment Page 2 of 2 March 14, 2023
area. We recommend that the Veteran’s building and Fire Department be designated Public Facility, like all other public buildings in the city.
4600 Block Northside of Seventh Street
There are four homes and one vacant lot on this street that were previously designated as Low Density Residential (LDR) but were mistakenly changed to HDR. This amendment returns those parcels to LDR.
303 Obispo Street
This parcel is owned by the city and contains two large water tanks. During the general plan update, staff identified a number of properties in town like city hall, schools, etc. that had previously been designated Open Space. All those properties had their designations changed to Public Facility. This property (303 Obispo Street), however, was designated General Industrial (which is the designation for properties that are around it). This property should have been designated Public Facility as the uses onsite are more closely aligned with this designation.

Little House / CAPSLO
This property contains the Little House by the Park as well as a Head Start program. The previous designation mislabeled it and another parcel to its east as Open Space. These mislabeled parcels from the 2002 General Plan were partially changed. Staff knew the two uses onsite were not appropriate for Open Space, so this property was designated Public Facility as that seemed to fit the two uses. Staff had been aware that the owners were looking to add another use in the future which would not have been consistent with Public Facility. In order to allow the current uses to remain consistent, and allow a possible new use on the vacant portion of this site, staff is recommending that the property be amended to General Commercial.

CEQA REVIEW:

This amendment has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA Guidelines, and has been found to be exempt pursuant to Section 15306 of the CEQA Guidelines (information collection) because it does not have the potential to create a physical environmental effect.

PUBLIC NOTICE:

Staff posted the required Public Hearing Notice in three locations around City Hall as well as providing mailed notices to property owners within 300 feet of properties that are proposed for amended land use designations.

ATTACHMENTS:

1. Resolution No. 2023-15

2. Exhibit 1 – Amendments to the 2042 General Plan Land Use Diagram RESOLUTION NO. 2023-15

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA, AMENDING THE 2042 GENERAL PLAN LAND USE DIAGRAM
WHEREAS, pursuant to California Government Code Section 65300, each city and county in California must adopt a comprehensive, long-term general plan addressing the physical development of the county or city, and any land outside its boundaries which in the agency’s judgment bears relation to its planning; and
WHEREAS, pursuant to California Government code Section 65302 a general plan shall consist of statements and diagrams addressing communitywide development goals and/or objectives and policies and programs to achieve those goals and/or objectives relating to seven mandatory elements: land use, circulation, housing, conservation, open space, noise, safety, plus the following additional non-mandatory elements: environmental justice, air quality, economic development, community design/historic preservation, and public facilities; and WHEREAS, the land use diagram was adopted on November 22, 2022 which replaced the original land use map adopted with the 2002 General Plan; and
WHEREAS, after adoption of the land use diagram and during the consistency rezone process, staff determined that certain parcels had received incorrect designations so the City Council is being asked to amend the diagram to correct the mistakes prior to approving the consistency rezone ordinance (Exhibit 1); and
WHEREAS, after the land use diagram has been amended, the consistency rezone can be considered to complete the re-designation of land use and zoning of various parcels within the city; and
WHEREAS, on March 2, 2023, the City mailed notice of the City Council’s hearing on the 2042 General Plan amendment to all properties within 300 feet of the effected parcels, pursuant to Government Code § 65091(a)(4); and
WHEREAS, notice of the City Council’s hearing on the amendments to the 2042 General Plan Land Use Diagram was posted to the City’s website on March 2, 2023; and WHEREAS, notice of the City Council’s hearing on the 2042 General Plan was posted at least 72- hours prior to the Council hearing as part of the City Council’s meeting agenda as required by the Brown Act.

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

SECTION 1. The City Council hereby finds that the above recitals are true and correct and incorporated herein by reference as if set forth in full.

ATTACHMENT 1
SECTION 2. The 2042 General Plan amendment attached hereto as Exhibit 1 is essential for the preservation of public health, safety, and general welfare and is in compliance with all applicable procedures required by state law and the City of Guadalupe.

SECTION 3. The 2042 General Plan, as amended by Exhibit 1 comprises an integrated, internally consistent and compatible statement of policies in compliance with Government Code § 65300.5.

SECTION 4. The City Clerk shall certify as to the adoption of this Resolution.

SECTION 5. That 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 of the City Council of the City of Guadalupe held this 14th day of March 2023 by the following vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2023-15, 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:
_________________________________ _______________________________ Amelia M. Villegas, City Clerk Ariston Julian Mayor
APPROVED AS TO FORM:
___________________________________
Philip F. Sinco, City Attorney
Amendments to the 2042 General Plan Land Use Diagram
APN Adopted Gen. Plan
Designation
Acreage Amended
Gen Plan
Designation
Address Use
115-051-007 HDR 0.44 PF 1025 Guadalupe Vet’s Bldg.

Fire Dept.
115-051-006 HDR 0.17 MIX 1045 Guadalupe The Yellow House 115-051-005 HDR 0.16 MIX 1055 Guadalupe Guadalupe
Cultural Ctr.
115-051-004 HDR 0.35 MIX 1055 Guadalupe Dunes Center
115-121-025 HDR 0.12 LDR 4659 Seventh Vacant
115-121-003 HDR 0.11 LDR 4655 Seventh SFD
115-121-004 HDR 0.11 LDR 4645 Seventh SFD
115-121-005 HDR 0.11 LDR 4641 Seventh SFD
115-121-006 HDR 0.11 LDR 4639 Seventh SFD
115-020-034 PF 1.49 Gen Comm 4681 Eleventh Little House/ CAPSLO 115-180-026 General Industry 1.75 PF 303 Obispo City Water Tanks EXHIBIT 1
Consistency Rezone/ Page 1 of 5 March 14, 2023
Chapter 18 Amendments
Agenda Item No. 11

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

Larry Appel, Contract Planning Director Todd Bodem, City Administrator SUBJECT: Property rezones to achieve consistency with the adopted 2042 General Plan Land Use Diagram and other amendments to the zoning ordinance (Chapter 18)
EXECUTIVE SUMMARY:

The 2042 General Plan was adopted unanimously by the City Council on November 22, 2022.

Along with the text, the Council also adopted a new Land Use Diagram (Map) which identified the uses on all parcels within the boundaries of the city. An immediate follow up to the General Plan adoption is the need for a consistency rezone to ensure that those properties that received new land use designations also have a zoning designation that is consistent with the General Plan.

Staff identified 175 parcels that required a consistency rezone. In addition, the ordinance includes amendments to the Zoning Ordinance to improve and update it.

RECOMMENDATION:

It is recommended that the City Council:
1) Receive a presentation from staff; and
2) Conduct a public hearing; and
3) Adopt Ordinance No. 2023-509 amending the zoning designations on various properties identified in Exhibit 1, and amending various sections of the zoning ordinance (Chapter 18).

BACKGROUND:

When the 2042 General Plan was adopted, it changed a number of property’s land use designations. When that occurred, in many cases the zoning designation of those parcels was no longer compatible or consistent with the land use designation. It is not possible for staff to issue any permits on properties where the land use designation is inconsistent with the zoning designation. That is why it is has been a priority of staff to bring this consistency rezone to Council as soon as possible. The adopted 2042 General Plan included Chapter 11 which contained 42 programs from the various elements that need to be implemented within three years. Program Consistency Rezone/ Page 2 of 5 March 14, 2023
Chapter 18 Amendments
LU-1.1.3 required that planning staff amend the zoning ordinance “to allow a fuller mix of commercial and urban residential uses in the Downtown, consistent with the new mixed-use designation created in the Land Use Element.” In many areas of the zoning ordinance, no changes have been made since it was initially adopted by the city in 1980. At that time, it addressed the needs of the community. Now over 40 years later, there are various chapters that are considerably out of date. This staff report will describe the various amendments to the zoning ordinance that will correct those deficiencies as well as address Program LU-1.1.3.

DISCUSSION:

Consistency Rezone
The first part of this report deals with the consistency rezone of 175 parcels throughout the city.

The parcels are listed in Exhibit 1 which provides the Assessor’s Parcel Number (APN), General Plan designation, current zoning, acreage, proposed zoning, and address. Exhibit 2 is a map used by a consultant to prepare the legal noticing list. The highlighted parcels (in yellow) identify each of the properties that required the consistency rezone. If this ordinance is approved for first reading, then a second reading will be scheduled for March 28, 2023. Thirty days later, April 27, 2023, the 175 parcels will have consistency with the adopted Land Use Designations. At that point these parcels will be allowed to process applications and approve permits.

Mixed Use (MIX) Chapter 18.35
The 2042 General Plan eliminated almost all properties that had a designation of General Commercial in favor of a new designation of Downtown Mixed Use. The two remaining parcels include the church just north of the cemetery and the small shopping center on West Main. The corresponding zoning designation is also Mixed Use (MIX). The general plan assumed that the city would expand the uses in the MIX zone district to make the downtown a more viable area for commercial retail uses as well as expanding residential opportunities. Staff carried over the uses from the General Commercial (G-C) zone district to the MIX district. It also made it clear that residential uses, up to 30 units per acre, would be encouraged in this designation.

General Commercial (G-C) Chapter 18.36
Some minor changes have been made including the purpose of the district, the permitted use list as well as the conditional use list. Staff has replaced Planning Commission with City Council in this district as well as other sections of the ordinance.

Off-street parking Chapter 18.60
In the last few years, the state has made it clear to local agencies that they are very serious in their attempts to increase housing stock in California. One of the ways they are doing this is by removing the authority of a local agency in the area of on-site parking. This has been true for Accessory Dwelling Units, Junior Accessory Dwelling Units, and now with SB 9 where owners of single family lots are permitted to split the property and develop up to four units where there was only one in the past. At the same time the state is eliminating the requirement for parking.

With this in mind and with the recent three new businesses in the 900 Block of Guadalupe Street where Council agreed that the uses were similar to others in that zone district without the need for a conditional use permit or on-site parking, staff has crafted a possible exemption for parking Consistency Rezone/ Page 3 of 5 March 14, 2023
Chapter 18 Amendments
within the MIX zone district. It still says that parking is required, if space is available. But when space isn’t available, there is a Finding that can be made to lessen or eliminate the requirement for parking.

The Land Use Element of the General Plan provided calculations to show that the city could meet its Regional Housing Needs Allotment (RHNA) housing requirements in part by providing higher density units in the upper floors of buildings within the MIX zone district. Without the relaxation or elimination of the parking requirements for this zone district, future development and redevelopment of the downtown area is unlikely. It has been a goal of the city for any years to revitalize the downtown corridor. For this reason, staff strongly recommends that this provision as well as the supporting Finding be included within the ordinance amendment.

Design Review Chapter 18.73
This chapter has a number of important changes proposed. Beginning in Applicability, the chapter recognizes the Downtown Mixed Use rather than the old Central Business District. Under Section 18.73.030, Exceptions and exemptions, the current ordinance states that if a CUP is being processed by Council and there is also a Design Review application, that only the CUP is to be considered by Council. Staff is recommending that the Findings of the Design Review be added to the CUP Findings within the CUP Resolution. Two changes have been made globally and are included in this chapter. The ordinance refers to “fees” where in fact almost all funds submitted for processing applications are in the form of a deposit. The other change is showing that the City Council is the decision maker for all discretionary projects. The Planning Commission has been removed since it has not been a part of the planning process for many years.

A new section has been added - Similar uses and slight modifications (Section 18.73.070). This section has been borrowed from Santa Maria. It provides a way of streamlining planning for minor changes to approved projects without needing to return to City Council. The Procedure section (Section 18.73.100) has been expanded and edited to meet the current permit processing procedures. The issue of parking for projects within the MIX zone is identified within the Components of Review where it mentions the need for a special Finding to be made. The new Findings added under (Section 18.73.110.N) states, “The proposed development is an asset to the community through the provision of needed housing units along with expanded commercial/retail services.” The City Council will have an opportunity to approve the Findings, including the parking reduction/elimination for each discretionary project.

Finally, the Appeals section (Section 18.73.120) has been amended to reflect that minor design review is approved by the Director and therefore is appealable to the City Council. But final decisions of the City Council have no further ability to be appealed through the city and must be handled through the California Code of Civil Procedure Section 1094.6 for judicial review.

Conditional/Administrative Use Permits and Variances (Chapter 18.72) This chapter has been updated much in the same way as the design review has been updated, as noted above. The Findings section includes added a new one that covers the situations where the City Council only processes a CUP when a Design Review has also been required. An appeals section has been added along with a Similar Use section, just like in the Design Review chapter Consistency Rezone/ Page 4 of 5 March 14, 2023
Chapter 18 Amendments
The Variance section has been updated to include a number of upgrades that were also made to the Design Review and CUP Chapters. Additional Findings have been added to ensure that when a Variance is being considered it is an appropriate action of the City Council. Staff also added a section for Appeals of the Variance (Section 18.72.170).

Under Article III, an expiration date has been added to say that use permits and variances need to be activated no longer than one year after approval, unless a time extension is granted. A time extension section has been added to address situations where the use couldn’t be activated in the permitted time limit. Although the expiration is “automatic” unless extended, a hearing must be held before the City Council to allow the permittee to show cause why the permit should not be expired. According to the City Attorney, this is a legal requirement in order to comply with “due process.”
Under the Administrative Use Permit section (Article IV), the only change is the addition of an appeal of the Director’s decisions. City Council would handle any appeals.

Single-Family (Low-Density) Residential District (R-1) Chapter 18.20 There were two changes to this section. The Land Use Element increased densities on the three residential designations (low, medium, and high density). Upon completion of these Title 18 amendments, all residential zoning densities will harmonize with the General Plan. This zone district now shows that R-1 zoning has an overall density of 1-12 units per acre rather than five per acre. It also acknowledges the ability to develop an ADU and/or JADU.

Single-Family (Medium-Density) Residential District (R-1-M) Chapter 18.24 This zone district has the same revisions as noted in the R-1 section, and allowing up to 12 units per acre.

Multiple Dwelling (Medium-Density) Residential District (R-2) Chapter 18.28 The density of this zone district now allows from 12-20 dwelling units with a minimum of 2,178 square feet of land for each unit. It also acknowledges the ability to have multiple ADUs and JADUs.

Multiple Dwelling (High-Density) Residential District (R-3) Chapter 18.32 The density of this zone district now allows from 21-30 dwelling units with a minimum of 1,452 square feet of land for each unit. It also acknowledges the ability to have multiple ADUs and JADUs.

Commercial Recreation (CR) Chapter 18.42
This zone district has been amended in order to address the possibility of a future Hostel in town.

By including this use now, it won’t require the owner to process a use determination in the future before the City Council.

Consistency Rezone/ Page 5 of 5 March 14, 2023
Chapter 18 Amendments
CEQA REVIEW:

PUBLIC NOTICE:

Staff posted the required Public Hearing Notice in three locations around City Hall as well as providing mailed notices to property owners within 300 feet of the 175 properties that are proposed for consistency rezonings.

ATTACHMENTS:

1. Exhibit 1 – Consistency Rezone Table

2. Exhibit 2 – 300-foot Radius Map

3. Exhibit 3 - Ordinance No. 2023-509

CONSISTENCY REZONE TABLE
Gularte Tract
APN Gen. Plan Current
Zoning
Acreage Proposed
Zoning
Address
115-230-005 MDR/OS R-1 5.09 R-2/OS 4370 Eleventh
115-230-043 MDR/OS R-1 3.02 R-2/OS 1057 La Guardia
115-230-009 MDR R-1 0.54 R-2 4281 La Guardia
115-230-010 MDR R-1 0.27 R-2 4271 La Guardia
115-230-011 MDR R-1 0.27 R-2 4261 La Guardia
115-230-012 MDR R-1 0.27 R-2 4251 La Guardia
115-230-013 MDR R-3 0.81 R-2 4241 La Guardia
115-230-015 MDR R-3 0.27 R-2 4231 La Guardia
115-230-016 MDR R-1 0.27 R-2 4221 La Guardia
115-230-033 MDR R-1 0.25 R-2 4215 La Guardia
115-230-034 MDR R-1 0.30 R-2 4217 La Guardia
115-230-018 MDR R-1 0.27 R-2 4211 La Guardia
115-230-019 MDR R-1 0.27 R-2 4205 La Guardia
115-230-041 MDR R-2 3.00 R-2 4202 Eleventh
115-230-027 MDR R-1 2.00 R-2 4146 Eleventh
115-230-044 MDR R-1 0.45 R-2 None
115-230-032 MDR R-1 1.00 R-2 4208 La Guardia
115-230-021 MDR R-1 0.74 R-2 4212 La Guardia
115-230-022 MDR R-1 0.50 R-2 4224 La Guardia
115-230-042 MDR R-1 1.00 R-2 4235 La Guardia
115-230-029 MDR R-1 1.00 R-2 4255 La Guardia
115-230-024 MDR R-1 1.00 R-2 4240 La Guardia
115-230-036 MDR R-1 0.66 R-2 4250 Gularte
115-230-035 MDR/OS R-1 0.42 R-2/OS 4264 Gularte
115-230-007 MDR/OS R-1 0.93 R-2/OS 4282 Gularte
115-230-038 MDR R-2 7.39 R-2/OS 1090 Escalante
EXHIBIT 1
800 Block – Westside Guadalupe Street
APN Gen. Plan Current
Zoning
Acreage Proposed
Zoning
Address
115-092-008 MIX G-C 0.17 MIX 891 Guadalupe
115-092-009 MIX G-C 0.17 MIX 887 Guadalupe
115-092-024 MIX G-C 0.25 MIX 879 Guadalupe
115-092-023 MIX G-C 0.08 MIX 875 Guadalupe
115-092-012 MIX G-C 0.17 MIX 873 Guadalupe
115-092-013 MIX G-C 0.33 MIX 871 Guadalupe
115-092-014 MIX G-C 0.10 MIX 867 Guadalupe
115-092-015 MIX G-C 0.10 MIX 867 Guadalupe
115-092-016 MIX G-C 0.08 MIX 865 Guadalupe
115-092-017 MIX G-C 0.05 MIX 863 Guadalupe
115-092-018 MIX G-C 0.11 MIX 859 Guadalupe
115-092-019 MIX G-C 0.16 MIX 855 Guadalupe
800 Block – Eastside Guadalupe Street
APN Gen. Plan Current
Zoning
Acreage Proposed
Zoning
Address
115-113-006 MIX G-C 0.42 MIX 790 Guadalupe
115-113-005 MIX G-C 0.30 MIX 800 Guadalupe
115-113-004 MIX G-C 0.18 MIX 820 Guadalupe
115-113-007 MIX G-C 0.35 MIX 830 Guadalupe
115-113-001 MIX G-C 0.17 MIX 848 Guadalupe
115-113-011 MIX G-C 0.17 MIX 835 Guadalupe
115-113-002 MIX G-C 0.08 MIX 854 Guadalupe
115-113-003 MIX G-C 0.08 MIX 858 Guadalupe
115-113-004 MIX G-C 0.17 MIX 866 Guadalupe
115-113-0141 MIX G-C 0.33 MIX 868 Guadalupe
115-113-016 MIX G-C 0.48 MIX 884 Guadalupe
115-113-005 MIX G-C 0.17 MIX 890 Guadalupe
115-113-006 MIX G-C 0.17 MIX 894 Guadalupe
900 Block – Westside Guadalupe Street
APN Gen. Plan Current
Zoning
Acreage Proposed
Zoning
Address
115-071-001 MIX G-C 0.39 MIX 4646 Tenth
115-071-018 MIX G-C 0.79 MIX 931 Guadalupe
115-071-002 MIX G-C 0.13 MIX 955 Guadalupe
115-071-003 MIX G-C 0.08 MIX 951 Guadalupe
115-071-004 MIX G-C 0.12 MIX 941 Guadalupe
115-071-005 MIX G-C 0.11 MIX 935 Guadalupe
115-071-014 MIX G-C 0.14 MIX 4621 Ninth
115-071-019 MIX G-C 0.30 MIX 905 Guadalupe
900 Block – Eastside Guadalupe Street
APN Gen. Plan Current
Zoning
Acreage Proposed
Zoning
Address
115-072-001 MIX G-C 0.25 MIX 4646 Tenth
115-072-010 MIX G-C 0.11 MIX 931 Guadalupe
115-072-011 MIX G-C 0.05 MIX 955 Guadalupe
115-072-012 MIX G-C 0.07 MIX 951 Guadalupe
115-072-013 MIX G-C 0.07 MIX 941 Guadalupe
115-072-014 MIX G-C 0.05 MIX 935 Guadalupe
115-072-015 MIX G-C 0.11 MIX 4621 Ninth
115-072-018 MIX G-C 0.25 MIX 905 Guadalupe
115-072-020 MIX G-C 0.33 MIX 960 Guadalupe
800 Block – Eastside/Westside Pioneer Street
APN Gen. Plan Current
Zoning
Acreage Proposed
Zoning
Address
115-092-001 HDR G-C 0.55 R-3 856 Pioneer
115-092-002 HDR G-C 0.26 R-3 None
115-092-025 HDR G-C 0.57 R-3 864 Pioneer
115-092-005 HDR G-C 0.23 R-3 None
115-092-006 HDR G-C 0.23 R-3 882 Pioneer
115-092-020 HDR G-C 0.21 R-3 4640 Ninth
115-092-021 HDR G-C 0.25 R-3 899 Pioneer
115-091-008 HDR G-C 0.30 R-3 899 Pioneer
115-091-007 HDR G-C 0.20 R-3 899 Pioneer
115-091-006 HDR G-C 0.20 R-3 899 Pioneer
115-091-005 HDR G-C 0.20 R-3 899 Pioneer
115-091-004 HDR G-C 0.20 R-3 899 Pioneer
115-091-003 HDR G-C 0.20 R-3 899 Pioneer
115-091-013 HDR G-C 0.20 R-3 899 Pioneer
115-091-012 HDR G-C 0.20 R-3 899 Pioneer
115-091-002 HDR G-C 0.20 R-3 899 Pioneer
500/600 Block – Westside Guadalupe Street
APN Gen. Plan Current
Zoning
Acreage Proposed
Zoning
Address
115-134-006 MIX G-C 0.52 MIX 545 Guadalupe
115-134-005 MIX G-C 0.17 MIX 555 Guadalupe
115-134-004 MIX G-C 0.34 MIX 575 Guadalupe
115-133-004 MIX G-C 0.17 MIX 635 Guadalupe
115-133-005 MIX G-C 0.17 MIX 633 Guadalupe
115-133-008 MIX G-C 0.20 MIX 621 Guadalupe
1000 Block – Eastside Guadalupe Street
APN Gen. Plan Current
Zoning
Acreage Proposed
Zoning
Address
115-052-011 MIX G-C 0.12 MIX 4589 Tenth
115-052-012 MIX G-C 0.10 MIX 4595 Tenth
115-052-013 MIX G-C 0.10 MIX 4595 Tenth
115-052-014 MIX G-C 0.25 MIX 1030 Guadalupe
115-052-017 MIX G-C 0.35 MIX 1048 Guadalupe
115-052-015 MIX G-C 0.17 MIX 1076 Guadalupe
115-052-016 MIX G-C 0.33 MIX 1080 Guadalupe
115-052-003 HDR G-C 0.11 R-3 4584 Eleventh
115-052-004 HDR G-C 0.11 R-3 4578 Eleventh
115-052-005 HDR G-C 0.11 R-3 1079 Olivera
115-052-006 HDR G-C 0.17 R-3 None
115-052-018 HDR G-C 0.24 R-3 1047 Olivera
115-052-017 HDR G-C 0.17 R-3 1031 Olivera
115-052-009 HDR G-C 0.14 R-3 4575 Tenth
115-052-010 HDR G-C 0.21 R-3 4581 Tenth
1000 Block – Westside Olivera Street
APN Gen. Plan Current
Zoning
Acreage Proposed
Zoning
Address
115-052-003 HDR G-C 0.11 R-3 4584 Eleventh
115-052-004 HDR G-C 0.11 R-3 4578 Eleventh
115-052-005 HDR G-C 0.11 R-3 1079 Olivera
115-052-006 HDR G-C 0.17 R-3 None
115-052-018 HDR G-C 0.24 R-3 1047 Olivera
115-052-017 HDR G-C 0.17 R-3 1031 Olivera
115-052-009 HDR G-C 0.14 R-3 4575 Tenth
115-052-010 HDR G-C 0.21 R-3 4581 Tenth
800 Block – Eastside Pioneer Street
APN Gen. Plan Current
Zoning
Acreage Proposed
Zoning
Address
115-112-001 MIX G-C 1.34 MIX 833 Pioneer
115-112-002 MIX G-C 0.20 MIX 831 Pioneer
115-112-025 MIX G-C 0.70 MIX 823 Pioneer
115-112-005 MIX G-C 0.25 MIX 813 Pioneer
700 Block – Westside Guadalupe Street
APN Gen. Plan Current
Zoning
Acreage Proposed
Zoning
Address
115-121-011 MIX G-C 0.07 MIX 797 Guadalupe
115-121-012 MIX G-C 0.76 MIX 795 Guadalupe
115-121-013 MIX G-C 0.20 MIX 765 Guadalupe
115-121-014 MIX G-C 0.16 MIX 757 Guadalupe
115-121-008 MIX G-C 0.08 MIX 759 Rubio
115-121-015 MIX G-C 0.33 MIX 751 Guadalupe
115-121-016 MIX G-C 0.16 MIX 731 Guadalupe
115-121-017 MIX G-C 0.16 MIX 727 Guadalupe
115-121-018 MIX G-C 0.16 MIX 721 Guadalupe
115-121-019 MIX G-C 0.26 MIX 715 Guadalupe
115-121-020 MIX G-C 0.09 MIX 701 Guadalupe
115-121-021 MIX G-C 0.03 MIX None
115-121-022 MIX G-C 0.05 MIX 701 Guadalupe
115-121-023 MIX G-C 0.17 MIX 685 Guadalupe
115-121-024 MIX G-C 0.17 MIX 665 Guadalupe
115-121-025 LDR R-1 0.12 R-1 4659 Seventh
115-121-003 LDR R-1 0.11 R-1 4655 Seventh
115-121-004 LDR R-1 0.11 R-1 4645 Seventh
115-121-005 LDR R-1 0.11 R-1 4641 Seventh
115-121-006 LDR R-1 0.11 R-1 4639 Seventh
115-121-007 HDR R-1 0.97 R-3 725 Rubio
115-121-010 HDR R-1 0.73 R-3 4646 Eighth
4600 Block – Northside Ninth Street
APN Gen. Plan Current
Zoning
Acreage Proposed
Zoning
Address
115-071-012 HDR G-C 0.38 R-3 4633 Nineth
115-071-015 HDR G-C 0.27 R-3 750 Guadalupe
115-071-016 HDR G-C 0.28 R-3 None
115-071-017 HDR G-C 0.17 R-3 720 Guadalupe
700 Block – Eastside Guadalupe Street
APN Gen. Plan Current
Zoning
Acreage Proposed
Zoning
Address
115-140-001 MIX G-C 0.29 MIX 770 Guadalupe
115-140-011 MIX G-C 0.52 MIX 750 Guadalupe
115-140-013 MIX G-C 0.520 MIX 720 Guadalupe
115-140-004 MIX G-C 0.53 MIX 640 Guadalupe
900 Block – Eastside Olivera Street
APN Gen. Plan Current
Zoning
Acreage Proposed
Zoning
Address
115-072-002 HDR G-C 0.17 R-3 995 Olivera
115-072-003 HDR G-C 0.17 R-3 979 Olivera
115-072-004 HDR G-C 0.17 R-3 965 Olivera
115-072-005 HDR G-C 0.17 R-3 955 Olivera
115-072-007 HDR G-C 0.17 R-3 943 Olivera
115-072-008 HDR G-C 0.33 R-3 931 Olivera
115-072-009 HDR G-C 0.34 R-3 4575 Ninth
4500 Block –Westside Pacheco Street
APN Gen. Plan Current
Zoning
Acreage Proposed
Zoning
Address
115-081-005 Pub Facility OS 0.20 PF 4543 Pacheco
115-081-004 Pub Facility OS 0.51 PF None
115-081-014 Pub Facility OS 0.17 PF None
115-081-012 Pub Facility OS 0.50 PF None
1000 Block – Westside Guadalupe Street
APN Gen. Plan Current
Zoning
Acreage Proposed
Zoning
Address
115-051-004 HDR G-C 0.17 R-3 1085 Guadalupe
115-051-005 MIX G-C 0.16 MIX 1055 Guadalupe
115-051-006 MIX G-C 0.17 MIX 1045 Guadalupe
115-051-009 MIX G-C 0.35 MIX None
115-051-007 Pub Facility G-C 0.44 PF 1025 Guadalupe
Miscellaneous Parcels
APN Gen. Plan Current
Zoning
Acreage Proposed
Zoning
Address
115-020-026 HDR OS 0.17 R-3 4623 Eleventh
115-032-005 HDR OS 0.11 R-3 None
115-102-002 HDR OS 0.59 R-3 None
115-083-002 Pub Facility OS 1.90 PF 918 Obispo
115-083-003 Pub Facility OS 0.63 PF 4465 Ninth
115-230-023 Pub Facility OS 9.27 PF 1050 Peralta
113-070-024 Pub Facility None 11.1 PF 4710 W. Main
115-020-034 General Commer. OS 1.49 G-C 4681 Eleventh
115-202-013 Pub Facility OS 5.00 PF 4465 W. Main
115-202-014 Pub Facility OS 2.65 PF 4465 W. Main
115-180-026 General Industry G-I 1.75 PF 303 Obispo
115-010-016 HDR G-I 2.09 R-3 None
EXHIBIT 2

Page 1 ends

ORDINANCE NO. 2023-509

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA, AMENDING SECTIONS OF CHAPTER 18 (ZONING ORDINANCE) TO ACHIEVE CONSISTENCY WITH THE RECENTLY ADOPTED 2042 GUADALUPE GENERAL PLAN
The City Council of the City of Guadalupe, State of California, does ordain as follows:

WHEREAS, pursuant to California Government Code Section 65300, each city and county in California must adopt a comprehensive, long-term general plan addressing the physical development of the county or city, and any land outside its boundaries which in the agency’s judgment bears relation to its planning; and
WHEREAS, pursuant to California Government code Section 65302 a general plan shall consist of statements and diagrams addressing communitywide development goals and/or objectives and policies and programs to achieve those goals and/or objectives relating to seven mandatory elements: land use, circulation, housing, conservation, open space, noise, safety with the additional non-mandatory elements: environmental justice, air quality, economic development, community design/historic preservation, and public facilities; and WHEREAS, on November 22, 2022, the Guadalupe City Council adopted the 2042 General Plan and land use diagram by Resolution No. 2022-104 and as amended by Resolution No. 2023-15; and
WHEREAS, in order to complete the planning process it is necessary to bring certain properties’ zone designations under Chapter 18 of the Guadalupe Municipal Code (zoning ordinance) into consistency with the recently adopted General Plan and amendment; and WHEREAS, this ordinance also will amend various zoning districts and procedural regulations in order to be found consistent with the adopted General Plan.

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

SECTION 1. Chapter 18.35 of the Guadalupe Municipal Code is hereby amended to read as follows:

Chapter 18.35 MIX, MIXED-USE DISTRICT
Sections:

18.35.010 Purpose of district.

18.35.020 Permitted uses.

18.35.030 Conditional uses.

EXHIBIT 3

Page 2 ends

18.35.010 Purpose of district.

The purpose of the MIX district is to accommodate a range of land uses on the same site, including retail, offices and dwellings. (Ord. 93-324 §1) The purpose of the MIX district is to promote Downtown Guadalupe as a fully occupied commercial, civic, and cultural focal point for the City. Residential uses, primarily above first floor retail and commercial, is expanded in this zone district. Under certain conditions, ground floor units are permitted.

18.35.020 Permitted uses.

Uses permitted in the MIX zone include:

1. Banks, savings and loans;

2. Barbers, hairstylists;

3. Florists;

4. Nursery schools/day care;

5. Pharmacies;

6. Photocopying service;

7. Photographic studios;

8. Professional offices. (Ord. 93-324 §1)

1. Ambulance service, taxi stand and bus depot;

2. Banks, offices, savings and loan, financial services;

3. Butcher shops, bakeries and other food preparation for retail sale;

4. Churches, meeting halls, theaters and auditoriums;

5. Clothing stores;

6. Department stores;

7. Dressmaking, tailor, jewelry and other small handicraft establishments;

8. Drug stores, pharmacies;

9. Eating, entertainment and event center establishments;

10. Grocery stores;

11. Hotels and motels;

12. Laundromats, laundry and dry-cleaning agencies;

13. Medical, dental and similar offices or clinics;

14. Mortuary;

15. Nursery school, daycare

16. Physical fitness center, health clubs

17. Professional offices, public and administrative offices;

18. Repair shops for small items;

19. Retail stores offering new merchandise for resale to the general public;

20. Restaurants and fast food establishments;

21. Retail sale of auto parts, tires, batteries, etc.;

22. Retail sale of furniture and appliances;

23. Wine tasting;

24. Residential development, up to 30 units per acre, including: 1) residences occupying second floors (e.g. above ground-floor non-residential uses) including single-room occupancies, boardinghouses, apartments, and stacked-flat style condominiums; and 2) attached two- and three-story residences occupying

Page 3 ends

their own site. This second form of residential use is limited to townhouse-style condominiums, townhousestyle zero lot line single family dwellings in a townhouse configuration. No ground level units are permitted north of Seventh Street on Guadalupe Street, consistent with the General Plan land use designation of Downtown Mixed Use, and following the development standards of the Design Review provisions;

25. Adult Oriented Businesses, as identified by Chapter 18.15 B. The following uses are permitted outside a building:

1. Carwash;

2. Service station;

3. Public and private parking lots and parking garages
C. Accessory buildings, only if constructed simultaneously with or subsequent to the main building on the same lot.

D. Any other similar use which the City Council finds to be consistent with the purpose of the zoning district.

18.35.030 Conditional uses.

A. Uses permitted subject to obtaining a conditional use permit, including:

1. Dwellings at a density of 6 dwellings per gross acre, and on the upper floors only;

2. Theaters;

3. Employee housing as defined by Section 18.08.328 of this title, where accommodations are provided to 7 or more employees in a dwelling unit.

B. The following uses are allowed by a conditional use permit provided that: (1) the gross floor area of each establishment shall not exceed 2,000 square feet; and (2) the combined floor area of such establishments within a shopping center shall not exceed 25% of the total floor area:

1. Bars and taverns;

2. Professional offices;

3. Restaurants;

4. Retail sale and rentals of specialty items, such as video rental, clothing stores, books, records, toys and stationery;

5. Retail sale of groceries and liquor (<2,000 square feet). (Ord. 2019-482 §5; Ord. 93-324 §1) A. Uses permitted subject to obtaining a conditional use permit in the MIX district include:

1. Bars, taverns, and liquor stores

2. Hospitals, convalescent homes, and family care homes or other group dwellings;

4. Outdoor sales, including drive-in food and drive-through banking facilities;

5. Employee housing as defined by Section 18.08.328 of this title, where accommodations are provided to seven or more employees in a dwelling unit;

6. Retail (storefront) commercial cannabis business.

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SECTION 2. Chapter 18.36 of the Guadalupe Municipal Code is hereby amended to read as follows:

Chapter 18.36 G-C, GENERAL COMMERCIAL DISTRICT
Sections:

18.36.010 Purpose of district.

18.36.020 Permitted uses.

18.36.030 Conditional uses.

18.36.010 Purpose of district.

The purpose of the G-C district is to provide an areas for the orderly expansion and development of the business this district as a retail shopping area to serve present and future needs of the residential community, in conformance with the General Plan.

18.36.020 Permitted uses.

Permitted uses in the G-C district include:

A. The following uses within a building:

1. Ambulance service, taxi stand and bus depot;

2. Banks and loan offices;

3. Butcher shops, bakeries and other food preparation for retail sale;

4. Churches, meeting halls, theaters and auditoriums;

5. Dressmaking, tailor, jewelry and other small handicraft establishments;

6. Eating and entertainment establishments;

7. Grocery stores;

8. Hotels and motels;

9. Laundromats, laundry and dry-cleaning agencies;

10. Medical, dental and similar offices or clinics;

11. Mortuary;

12. Nursery school, daycare

13. Professional, sales, public and administrative offices;

14. Repair shops for small items;

15. Retail stores offering new merchandise for resale to the general public;

16. Single-family or multiple dwellings, only if located on floors above a permitted use.

B. Accessory buildings, only if constructed simultaneously with or subsequent to the main building on the same lot.

C. Public and private parking lots.

D. Manufacturing Uses.

1. Manufacturing, compounding, assembling, processing or treating drug and pharmaceuticals.

E. Other Services:

1. Carwash;

2. Restaurants and fast food places;

3. Retail sale of auto parts, tires, and batteries;

4. Retail sale of furniture and appliances;

5. Service stations.

Page 5 ends

F. Any other similar use which the Planning Commission City Council finds to be consistent with the purpose of the zoning district.

18.36.030 Conditional uses.

Uses permitted subject to obtaining a conditional use permit in the G-C district include:

A. Dwellings which are not on a floor above a permitted use; B. Hospitals, convalescent homes, boardinghouses, and family care homes or other group dwellings; C. Outdoor sales, including drive-in food and drive-through banking facilities; D. Recreation vehicle park
E D. Auto repair and parking garages;
F E. Employee housing as defined by Section 18.08.328 of this title, where accommodations are provided to 7 or more employees in a dwelling unit;
G. F.Retail (storefront) commercial cannabis business.

SECTION 3. Section 18.60.050 of Chapter 18.60 of the Guadalupe Municipal Code is hereby added to read as follows:

Off-street Parking and Loading (Chapter 18.60)

18.60.050 Off-street parking spaces required.

H. MIX zone district has been identified by the City and State as an area requiring special consideration due to the inclusion of possible affordable housing as well as commercial businesses that are a benefit to the community. If space is available, the owner shall be required to provide up to the required amount of parking as established by Chapter 18.60. However, if sufficient space is not available, then off-street parking can be reduced or eliminated with approval of the Planning Director pursuant to Finding N (Section

18.73.110.N).

SECTION 4. Chapter 18.72 of the Guadalupe Municipal Code is hereby amended to read as follows:

Chapter 18.72 CONDITIONAL/ADMINISTRATIVE USE PERMITS AND VARIANCES Sections:

Article I. Conditional Use Permits

18.72.010 Applicability Issuance conditions.

18.72.020 Application—Information required.

18.72.030 Application—Deposit Fee.

18.72.040 Procedure Application—Public hearing date set.

18.72.050 Public hearing—City Council Planning Commission determination.

18.72.060 Decision maker.

18.72.070 Components of review.

18.72.080 Hearing - findings for approval.

18.72.090 Similar uses and slight modifications.

18.72.100 Appeals of final action of City Council

Page 6 ends

Article II. Variances

18.72.060110 Variance application—Contents and Deposit Grant conditions.

18.72.070120 Certain uses not allowed.

18.72.080130 Procedure Application—Contents and fee.

18.72.090140 Notice to adjacent properties Application—Public hearing date set.

18.72.100150 Public hearing—City Council Planning Commission recommendations.

18.72.110160 Required findings City Council hearing and modification authority.

18.72.120170 Appeals of final action of City Council
Article III. Use Restrictions

18.72.120180 Time of issuance—Effective date.

18.72.130190 Expiration date.

18.72.140200 Revocation conditions.

18.72.210 Appeal of final actions

18.72.220 Time Extension
Article IV. Administrative Use Permits

18.72.150230 Issuance conditions.

18.72.160240 Application—Property owner(s) information required.

18.72.170250 Application fee.

18.72.180260 Application—Director determination.

18.72.190270 Findings for approval.

18.72.200280 Administrative hearing.

18.72.120290 Appeal of final action of City Council
Article I. Conditional Use Permits

18.72.010 Applicability Issuance conditions.

Conditional use permits shall be issued only for the uses or purposes for which such permits are required.

The Planning Commission shall impose such conditions as it deems necessary to serve the purposes of this title, and may require tangible guarantees or evidence that such conditions are being or will be complied with. (Ord. 189 Art. 5 §2, 1980) Uses permitted subject to conditional use permit are those uses necessary for the development of the community, having inherent qualities or characteristics which, unless provided for, would cause such uses to be incompatible or inharmonious with adjacent or nearby permitted uses.

18.72.020 Application—Information required.

Application for a conditional use permit shall be made in writing by the owners of the property, lessee, purchaser in escrow, or optionee with the consent of the owners. The application shall include a plot plan drawn to scale showing property involved and improvements proposed, contiguous property lines and improvements, and plans showing in detail the proposed use to be made of the land or building. (Ord. 189 Art. 5 §2, 1980)
The applicant shall submit an application that meets the requirements of the City’s planning application packet, but at a minimum, consisting of the following:

Page 7 ends

A. A completed planning application form, including a written project description discussing all existing and proposed structures and uses.

B. The required application deposit.

C. Four plan sets, including a site plan, floor plans, a roof plan, and complete set of elevations.

D. Landscape plans, if applicable and deemed necessary by planning staff.

E. Site photos including photos from any street frontage.

F. One set of mailing labels with the addresses of property owners within a 300-foot radius of the subject property, and adequate first-class postage for a single mailing to these recipients.

18.72.030 Application Deposit Fee.

A fee deposit set by a resolution shall accompany the application. Conditional use permits issued for a specified period of time may be extended for an additional term period of time without additional fee deposit.

18.72.040 Procedure Application—Public hearing date set.

Upon receipt of the application for a conditional use permit, the secretary of the Planning Commission shall set a date for public hearing on the application; notice of such hearing shall be given as provided in Chapter 18.12 of this title. (Ord. 189 Art. 5 §2, 1980) The procedure for requesting and obtaining a Conditional Use Permit is as follows:

A. The applicant fills out a permit application for conditional use and submits the required application deposit.

B. Staff reviews the application materials, conducts a preliminary review of the project’s compliance with Zoning Code requirements, and determines if the application is complete for processing or if additional materials are needed. If the application is deemed incomplete for processing, an Incomplete Letter shall be transmitted no later than 30 days after receiving the application materials.

C. Once application is complete, staff prepares a staff report and resolution which contains findings and conditions of approval. The project is then placed on the agenda for the next available City Council meeting. Plan sets associated with the request would be included in each Councilmember’s packet for review prior to the meeting.

D. During the City Council’s consideration of the request, the applicant and their architect or agent would present the project and field any questions from the Council. If the design is acceptable as proposed or with minor changes or revisions that are of the nature that they could be verified by staff without the need for returning to the Council, the Conditional Use Permit may be approved or conditionally approved. If more substantive revisions are deemed necessary, the Council’s comments at the meeting shall be conveyed to the applicant, who would then have the responsibility for addressing these comments through the preparation of revised plans and reconsideration at a future Council hearing.

18.72.050 Components of review.

The City Council shall consider the following design components when considering an application for a Conditional Use Permit:

A. Overall design of new or enlarged structures and the architectural style.

B. Physical and design relation with existing and proposed structures on the same site and in the immediately affected surrounding area.

C. Site layout, orientation, and location of buildings, and relationship with open areas and topography.

D. Colors, types, and variation of building materials.

E. Height, bulk, scale and area coverage of buildings and structures and other site improvements.

Page 8 ends

F. Potential interference with existing scenic views.

G. Height, materials, colors, and variations in boundary walls, fences, or screen planting.

H. Location and type of existing and proposed landscaping.

I. Reduction or elimination of on-site parking within the MIX zone district, only after the Director makes Finding N (Section 18.73.100.N)..

18.72.060 Notice to adjacent properties Public hearing—Planning Commission determination.

A. After the conclusion of the public hearing, the Planning Commission shall determine whether or not the establishment, maintenance or operation of the use which is applied for will, under the circumstances of the particular case:

1. Be consistent with the General Plan;

2. Be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or whether it will be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the City.

B. If the Commission finds that the conditions mentioned in subsection (A)(2) above will not result from the particular use applied for, it may grant the conditional use permit. (Ord. 189 Art. 5 §2, 1980) A. For all Conditional Use Permits, notice of a pending Conditional Use Permit application shall be mailed to adjacent property owners within a 300-foot radius of the proposed development. Notices shall be mailed out at least 10 calendar days in advance of the meeting at which the City Council will consider the Conditional Use Permit. Minor Design Review Permit applications shall not require mailed notices to be sent.

B. For Conditional Use Permits, at least 10 calendar days prior to the meeting at which the City Council will consider the Conditional Use Permit, at least three notices of the pending application shall be posted in a publicly accessible location on City property, with such notice maintained on site until the day after the City Council meeting.

18.72.070 Decision maker.

Conditional Use Permits will be considered by the City Council. The Council may approve, conditionally approve, or deny a Conditional Use Permit.

18.72.080 Public hearing—City Council Findings Planning Commission determination.

A. After the conclusion of the public hearing comment period for the project hearing, the City Council Planning Commission shall determine whether or not the establishment, maintenance or operation of the use which is applied for will be consistent with the Findings below, under the circumstances of the particular case:

1. The project or use shall Bbe consistent with applicable provisions of the General Plan and Zoning Ordinance;

2. The project or use shall not Bbe detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or whether it will be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the City.

3. Should the Zoning Ordinance require both a CUP and Design Review, Section 18.73.030.A states that only the CUP shall be processed by the City Council. However, in such cases, the Findings for Design Review (Section 18.73.100) shall be required as part of the CUP approval process.

Page 9 ends

B. If the Council Commission can make the Findings above, finds that the conditions mentioned in subsection (A)(2) above will not result from the particular use applied for, it may grant the conditional use permit.

18.72.090 Appeals of final action of City Council.

The City Council’s decision concerning any matter it considers under this Title is final and is subject to the time limits set forth in California Code of Civil Procedure Section 1094.6 for judicial review.

18.72.100 Similar use and slight modification
Uses which the Planning Director determines to be similar to the permitted uses in each district and which fall within the intent and purpose of the district, and that will not be obnoxious or detrimental to the public welfare, and compatible with adjoining land uses, and which are of a comparable nature and of the same classes as the uses enumerated for said district, shall be allowed as permitted uses therein. The Planning Director may also consider and render decisions on matters of slight modification and minor adjustment deemed necessary in connection with the efficient administration of this title. Whenever the lawfulness of such a determination is called in question in any manner, the same shall be submitted to the City Attorney whose decision shall be determinative.

Article II. Variances

18.72.060110 Variance Application—Contents and deposit fee.

A. Applications for a variance shall be made in writing by a property owner, lessee, purchaser in escrow, or optionee with the consent of the owners on a form provided online or by the Planning Department Commission. The application shall include a plot plan drawn to scale, showing property involved and improvements, dimensions, other structures within 50 feet of property lines, the details of the variance requested, site photos, and evidence showing that the Findings in Section 18.72.080 can be made.:

1. The granting of the variance will not be contrary to the intent of this title or to the public safety, health and welfare; and

2. Due to special conditions or exceptional characteristics of the property, or its location, the strict application of this title would result in difficulties and unnecessary hardship.

B. A fee deposit as set by resolution shall accompany the application.

18.72.070120 Certain uses not allowed.

The use of lands or buildings not in conformity with the regulations specified for the district in which such lands or buildings are located may not be allowed by the granting of a variance from the strict application of the terms of this title.

18.72.080 Application—Contents and fee.

A. Applications for a variance shall be made in writing by a property owner, lessee, purchaser in escrow, or optionee with the consent of the owners on a form provided by the Planning Commission. The application shall include a plot plan drawn to scale, showing property involved and improvements, dimensions, the details of the variance requested, and evidence showing that:

1. The granting of the variance will not be contrary to the intent of this title or to the public safety, health and welfare; and

Page 10 ends

2. Due to special conditions or exceptional characteristics of the property, or its location, the strict application of this title would result in difficulties and unnecessary hardship.

B. A fee as set by resolution shall accompany the application. (Ord. 189 Art. 5 §3, 1980)

18.72.130 Procedure
A variance shall be processed in the same manner as a Conditional Use Permit as identified in Section

18.72.040.

18.72.090140 Notice to adjacent properties Application—Public hearing date set.

Upon receipt of an application for a variance, the secretary of the Planning Commission shall set a date for a public hearing on the application. The hearing shall be held within 45 days after the filing of the application. Notice of such hearing shall be given as set forth in Chapter 18.12 of this title. (Ord. 189 Art. 5 §3, 1980)
A. For all Variance applications, notice of a pending application shall be mailed to adjacent property owners within a 300-foot radius of the proposed development. Notices shall be mailed out at least 10 calendar days in advance of the meeting at which the City Council will consider the Variance.

B. At least 10 calendar days prior to the meeting at which the City Council will consider the Variance, at least three notices of the pending application hearing shall be posted in a publicly accessible location on City-controlled property, with such notice maintained on site until the day after the City Council meeting.

18.72.100150 Public hearing—City Council Planning Commission recommendations.

Variances will be considered by the City Council. The Council may approve, conditionally approve, or deny a Variance. After the conclusion of the public hearing, the Planning Commission shall recommend to the City Council that it grant or deny a permit to modify the application of the restrictions established by this title. The commission may recommend a change or modify the extent of the variance requested, and may recommend conditions of approval of variance. (Ord. 189 Art. 5 §3, 1980)

18.72.060160 Application—Required Findings Grant conditions.

Applications for variances from the strict application of the terms of this title may be made, and variances granted, when the following circumstances are found to apply:

A. That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated; B. That because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification.

C. The granting of the variance will not be contrary to the intent of this title or to the public safety, health and welfare; and
D. Due to special conditions or exceptional characteristics of the property, or its location, the strict application of this title would result in difficulties and unnecessary hardship.

18.72.110 City Council hearing and modification authority.

A. Within 5 days after the action of the Planning Commission, the application, along with the Planning Commission’s recommendations, shall be transmitted to the City Council. The City Clerk shall set a date for

Page 11 ends

a public hearing on the application. Such hearing shall be held within 45 days after the action of the Planning Commission. Notice of the hearing shall be given as set forth in Chapter 18.12 of this title.

B. After conclusion of the public hearing, the City Council shall grant or deny a permit to modify the application of the restrictions established by this title. (Ord. 189 Art. 5 §3, 1980)

18.72.170 Appeals of final action of City Council.

Article III. Use Restrictions

18.72.120180 Time of issuance—Effective date.

No conditional use permit or granting of a variance shall have any force or effect until the applicant thereof actually receives such permit designating the conditions of its issue thereon, and signed by the secretary of the Planning Commission or City Clerk. No permit shall be issued until the time for filing an appeal from the decisions of the City Council Planning Commission has expired,. Prior to issuance of a Zoning Clearance, the applicant shall have signed and returned to the City, an Agreement to Comply with conditions of approval. or, in event of such appeal, after the final determination thereof by the City Council.

18.72.130190 Expiration date.

Any conditional use permit or variance granted in accordance with the terms of this title shall expire if not initiated within one year from the date of the approval thereof, or within any shorter or longer period of time if so designated by the City Council, unless the applicant applies for and obtains an extension from the City Council. Initiation of a conditional use permit or variance may be accomplished by obtaining issuance of building and/or grading permits. For any conditional use permit or variance that is timely initiated, it shall expire within one year if there have been no inspections for issued building and/or grading permits. The City Council shall hold a hearing to confirm the expiration of the conditional use permit of variance to allow the applicant an opportunity to show cause why the conditional use permit or variance should not be expired. The City Council has the discretion to extend any conditional use permit or variance and may impose additional conditions for doing so.

Ordinance No. 2023-509 Page 12

18.72.140200 Revocation conditions.

Any conditional use permit or variance granted in accordance with the terms of this title may be revoked by the City Council in the manner hereinafter set forth if any of the conditions or terms of such permits are violated.

18.72.210 Appeal of final action of City Council
The City Council’s decision concerning any matter it considers under this Title is final and is subject to the time limits set forth in California Code of Civil Procedure Section 1094.6 for judicial review..

18.73.120220 Time extension.

The City Council may grant up to two (2) one-year extensions for good cause. A request for an extension shall be made in writing with appropriate fees and filed sufficiently in advance of the expiration date to allow the request to be considered at a regular meeting of the City Council.

Article IV. Administrative Use Permits

18.72.150230 Issuance conditions.

Administrative use permits (AUP) when required or allowed by this code shall be issued only if the findings identified in Section 18.72.160 can be made. The Planning Director or designee shall impose such conditions as deemed necessary to serve the purposes of this title, and may require tangible guarantees or evidence that such conditions are being or will be complied with.

18.72.160230 Application—Property owner(s).

Application for an AUP shall be made in writing by the property owner(s).

18.72.170240 Application fee.

A fee shall be required to process an AUP in an amount established by resolution of the City Council and updated from time to time.

18.72.180250 Application—Director determination.

Upon receipt of the application for an administrative use permit and payment of the application deposit, the Planning Director or designee shall evaluate the request and determine if the findings listed in Section 18.72.160 can be made to approve the request.

18.72.190260 Findings for approval.

In order to approve an administrative use permit, the Planning Director or designee shall make specific findings that granting the administrative use permit will not be detrimental to public health and safety, introduce unreasonable adverse impacts to the immediate neighbors, and would not overburden sewer and water services, or overburden traffic flow or parking.

18.72.200270 Administrative hearing.

Prior to issuing an administrative use permit under this chapter, the Planning Director or designee shall cause an administrative hearing to be noticed and held in the following manner:

A. Notice of Hearing. Notice of a public hearing shall contain the information required by Government Code Section 65094 and any additional information the Director deems appropriate. In addition, the notice shall declare that the application for the administrative use permit will be acted on without a public hearing if no request for a hearing is made.

Ordinance No. 2023-509 Page 13
B. Method of Notice/Distribution. Notice of public hearings shall be given as provided by Government Code Section 65091.

C. Public Hearing. A public hearing on an administrative use permit shall occur only when a hearing is requested by the applicant or other interested person(s). This request shall be made in writing to the Planning Director or designee no later than 7 days after the date of the public notice. In the event a public hearing is requested, the hearing on the administrative use permit shall be held on the date and time as defined in the public notice. At the request of the project applicant and/or at the discretion of the Planning Director or designee, a public hearing may be continued from time to time, but notice of the further hearings may be required to be provided again in the same manner as provided by subsection A. All costs associated with noticing shall be borne by the property owner.

D. Conduct of Hearing. At the public hearing, interested persons may present information and testimony relevant to a decision on the proposed AUP.

E. Final Decision. Immediately after the conclusion of public testimony in the case of a public hearing, or no sooner than the date of the meeting specified in the public notice required by subsection A, the Planning Director or designee shall announce the final decision, continue the decision to a future date, or announce that the matter will be referred to the City Council for a final decision.

18.72.280 Appeal of Director decision by City Council
Appeals of any Director final decision under this AUP section shall conform to the requirements of Chapter 18.80 requiring a hearing by the City Council. The City Council’s decision concerning any matter it considers under the Title is final and is subject to the time limits set forth in California Code of Civil Procedures Section 1094.6 for judicial review.

SECTION 5. Chapter 18.73 of the Guadalupe Municipal Code is hereby amended to read as follows:

Chapter 18.73 DESIGN REVIEW
Sections:

18.73.010 Applicability.

18.73.020 Minor Design Review Permits for certain small projects.

18.73.030 Exceptions and exemptions.

18.73.040 Application—Information required.

18.73.050 Application—Deposit Fee.

18.73.060 Decision maker.

18.73.070 Similar uses and slight modifications.

18.73.070080 Notice to adjacent properties.

18.73.080090 Procedure.

18.73.090100 Components of review.

18.73.100110 Findings required for approval.

18.73.110120 Appeals of Planning Commission Director decision and final action of City Council.

18.73.120130 Expiration and extension.

Ordinance No. 2023-509 Page 14

18.73.010 Applicability.

A. A Design Review Permit is required for any development, including either or both structural development and grading, on properties in the City’s Downtown Mixed Use District Central Business District (as defined in the General Plan) or on properties with frontage along Guadalupe Street or Main Street, unless the proposed development would not be visible from these streets, for example, if blocked by a sound wall or other intervening structure.

B. Regardless of location, the following types of development projects shall require a Design Review Permit:

1. All new structures fronting a public street or visible from a public street on properties zoned general commercial, service commercial, neighborhood commercial, mixed use, or similar commercial zoning.

2. All new structures fronting a public street or visible from a public street on properties zoned general industrial, industrial commercial, light industrial, or similar industrial zoning.

3. Additions to nonresidential structures in any commercial, industrial, or mixed use zoning district that involve any exterior alterations to 2nd and/or 3rd stories.

4. Additions to nonresidential structures in any commercial, industrial, or mixed use zoning district that would be visible from a public street or view point and that exceed 120 square feet in size.

5. All new wireless communications facilities.

6. New multifamily residential developments exceeding 3 units or additions to existing multifamily developments where the addition would result in a total of 3 or more units on a given property.

7. All garage conversions.

8. Any development or remodeling of structures that have been officially designated historical landmarks by the City or the State.

9. Remodeling projects of the types and locations specified in this list, if the remodeling involves exterior alterations that would be visible from any public street or other public area.

10. Any other project not otherwise on this list that, in the opinion of the Planning Director or City Planner, would benefit from design review because of its visibility, scope, or historic merit, or potential for deprivation of private property rights of other landowners.

C. In addition, City-sponsored capital improvement projects may be referred to the Planning Commission City Council or design review in an advisory capacity. Projects eligible for advisory review would include development within any City-owned park or open space. The decision on whether to refer a City-sponsored project for advisory design review would be made by the Planning Director or City Planner after consideration of the project’s potential for aesthetic impacts and the potential benefit of input on project design.

18.73.020 Minor Design Review Permits for certain small projects.

A Minor Design Review Permit is required for any small project. A small project is defined as any new structure of less than 300 square feet, or an addition to an existing structure that adds less than 500 square feet of development or adds less than 10% of the size of the main structure, whichever is greater.

Other projects that are at a similarly small scale, as determined by the Planning Director or City Planner, may be processed with a Minor Design Review Permit.

18.73.030 Exceptions and exemptions.

A. A separate Design Review Permit is not required for those projects that require approval(s) under the jurisdiction of the City Council Planning Commission (for example Conditional Use Permits) where the design of the project or development would be a part of the City Council’s Planning Commission’s Ordinance No. 2023-509 Page 15
consideration of the request. However, the Design Review Findings (Sec. 18.73.100) shall be incorporated into the CUP Resolution.

B. Notwithstanding the requirements set forth in Sections 18.73.010 and 18.73.020, the following projects do not require a Design Review Permit:

1. Interior alterations of structures other than historical landmarks, as long as such alterations do not result in any changes to the exterior of the building.

2. Structures or additions to existing structures on lots zoned single-family residential in areas outside of the Downtown Mixed Use District Central Business District or which are located on streets other than Guadalupe Street or Main Street.

3. New structures in any commercial, industrial, or mixed use zoning district less than 200 square feet in size, unless such structure(s) because of the visual sensitivity of the site combined with its proposed location, architectural style, or would, in the opinion of the Planning Director or City Planner, result in a potential visual impact.

18.73.040 Application—Information required.

The applicant shall submit an application that meets the requirements of the City’s planning application packet, but at a minimum, consisting of the following:

A. A completed planning application form, including a written project description discussing all existing and proposed structures and uses.

B. The required application deposit fee.

C. Eight Four plan sets, including a site plan, floor plans, a roof plan, and complete set of elevations.

D. Landscape plans, if applicable and deemed necessary by planning staff.

E. Site photos including photos from any street frontage.

F. Two One sets of mailing labels with the addresses of property owners within a 300-foot radius of the subject property, and adequate first-class postage for a single mailing 2 mailings to these recipients.

A 3rd or 4th review would require additional mailing labels and postage.

18.73.050 Application Deposit Fee.

A deposit fee set by City Council resolution shall accompany the application. This fee shall permit up to 2 rounds of review by the Planning Commission, and a separate fee set by City Council resolution shall be charged for any 3rd or 4th round of review by the Planning Commission. Separate fees may be established by City Council resolution for small projects as defined in Section 18.73.020.

18.73.060 Decision maker.

Design Review Permits will be considered by the City Council Planning Commission. The Council Commission may approve, conditionally approve, or deny a Design Review Permit. Minor Design Review permits shall be considered by the Planning Director for final action, with appeals heard by City Council.

18.73.070 Similar uses and slight modifications.

Uses which the Planning Director determines to be similar to the permitted uses in each district and which fall within the intent and purpose of the district, and that will not be obnoxious or detrimental to the public welfare, and compatible with adjoining land uses, and which are of a comparable nature and of the same classes as the uses enumerated for said district, shall be allowed as permitted uses therein. The Planning Director may also consider and render decisions on matters of slight modification and minor adjustment deemed necessary in connection with the efficient administration of this title. Whenever the Ordinance No. 2023-509 Page 16
lawfulness of such a determination is called in question in any manner, the same shall be submitted to the City Attorney whose decision shall be determinative.

18.73.070080 Notice to adjacent properties.

A. For all regular Design Review Permits, notice of a pending Design Review Permit application shall be mailed to adjacent property owners within a 300-foot radius of the proposed development. Notices shall be mailed out at least 10 calendar days in advance of the meeting at which the City Council Planning Commission will consider the Design Review Permit. Minor Design Review Permit applications shall not require mailed notices to be sent.

B. For both regular Design Review Permits and Minor Design Review Permits, at least 10 calendar days prior to the meeting at which the City Council Planning Commission will consider the Design Review Permit or the Director will consider a Minor Design Review permit, at least three one notices of the pending Design Review Permit application shall be posted in a publicly accessible location on City-controlled property, with such notice maintained on site until the day after the City Council Planning Commission meeting.

18.73.080090 Procedure.

The procedure for requesting and obtaining a Design Review Permit is as follows:

A. An applicant requesting a zoning clearance is notified by City staff, after reviewing the project’s location and description, that a Design Review Permit is required prior to consideration of the zoning clearance.

BA. The applicant fills out a permit application for design review and submits the required application deposit fee.

CB. Staff reviews the application materials within the first 30 days, conducts a preliminary review of the project’s compliance with Zoning Code requirements, and determines if the application is complete or if additional materials are needed. If additional materials are needed, an Incomplete Letter shall be transmitted no later than 30 days after receiving the application materials.

DC. Once application is complete, staff prepares a staff report and resolution which contains findings and conditions of approval. The project is then the request is placed on the agenda for the next available City Council Planning Commission meeting. Plan sets associated with the request would be included in each Councilmember’s Commissioner’s packet for review prior to the meeting.

ED. During the City Council’s Planning Commission’s consideration of the request, the applicant and their architect or agent would present the project and field any questions from the Council Commission.

If the design is acceptable as proposed or with minor changes or revisions that are of the nature that they could be verified by staff without the need for returning to the Council Commission, the Design Review Permit may be approved or conditionally approved. If more substantive revisions are deemed necessary, the Council’s Commission’s comments at the meeting shall be conveyed to the applicant, who would then have the responsibility for addressing these comments through the preparation of revised plans and reconsideration at a future Council hearing.

FE. If on a 4th review of the project by the Planning Commission, the applicant’s design is still not acceptable or conditionally acceptable to a of the Commission, the Design Review Permit shall be denied, and the If the project is denied with prejudice by the City Council, the applicant shall not be permitted to resubmit a Design Review Application Permit for the same project for a period of 12 months from the date of denial.

Ordinance No. 2023-509 Page 17
GF. Upon any approval of a Design Review Permit, the applicant may then proceed with a request for a zoning clearance for the proposed development. The approved set of plans would be maintained with the file for verification of compliance once construction drawings are submitted to the Building Department.

18.73.090100 Components of review.

The City Council Planning Commission shall consider the following design components when considering an application for a Design Review Permit:

A. Overall design of new or enlarged structures and the architectural style.

B. Physical and design relation with existing and proposed structures on the same site and in the immediately affected surrounding area.

C. Site layout, orientation, and location of buildings, and relationship with open areas and topography.

D. Colors, types, and variation of building materials.

E. Height, bulk, scale and area coverage of buildings and structures and other site improvements.

F. Potential interference with existing scenic views.

G. Height, materials, colors, and variations in boundary walls, fences, or screen planting.

H. Location and type of existing and proposed landscaping.

I. Reduction or elimination of on-site parking within the MIX zone district, only after the Director makes Finding N (Section 18.73.110.N). which permits reduction or elimination of parking.

18.73.100110 Findings required for approval.

Prior to approval of a Design Review Permit, the Planning Commission shall make all of the following findings:

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

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

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

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

E. All visible onsite utility services are appropriate in size and location.

F. The grading will be appropriate to the site.

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

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

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

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

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

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

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

Ordinance No. 2023-509 Page 18
N. The proposed development is an asset to the community through the provision of needed housing units along with expanded commercial/retail services.

18.73.110120 Appeals of Planning Commission Planning Director decision and final action of City Council.

Appeals of any Planning Commission Planning Director final decision under this chapter shall conform to the requirements of Chapter 18.80 requiring a hearing by the City Council. The City Council’s decision concerning any matter it considers under this Title is final and is subject to the time limits set forth in California Code of Civil Procedure Section 1094.6 for judicial review.

18.73.120130 Expiration and extension.

A. A Design Review Permit shall expire two (2) years after final approval, if a building permit for the project has not been obtained by the applicant or the successor in interest and no inspections have been done. The City Council shall hold a hearing to allow the applicant to show cause why the Design Review Permit shall not be expired. The City Council shall have the discretion to extend the Design Review Permit and may impose additional conditions for doing so.

B. The City Council Planning Commission may grant up to two (2) one-year extensions for good cause. A request for an extension shall be made in writing with appropriate fees and filed sufficiently in advance of the expiration date to allow the request to be considered at a regular meeting of the City Council Planning Commission.

SECTION 6. Section 18.20.010 of Chapter 18.20 of the Guadalupe Municipal Code is hereby amended to read as follows:

Chapter 18.20 R-1 SINGLE-FAMILY (LOW-DENSITY) RESIDENTIAL DISTRICT

18.20.010 Purpose of district.

The purpose of the R-1 district is to provide an area exclusively limited to single-family homes with not more than one dwelling plus ADU and/or JADU, consistent with Chapter 18.53, and customary accessory buildings on a building site, and with an overall density of 5 1-12 dwellings per acre, in conformance with the land use element of the General Plan.

SECTION 7. Section 18.24.010 and 18.24.050 of Chapter 18.24 of the Guadalupe Municipal Code is hereby amended to read as follows:

Chapter 18.24 R-1-M SINGLE-FAMILY (MEDIUM-DENSITY) RESIDENTIAL DISTRICT

18.24.010 Purpose of district.

The purpose of the R-1-M district is to provide an area exclusively limited to single-family homes with not more than one dwelling plus ADU and/or JADU, consistent with Chapter 18.53, reducing the total land area required for each dwelling but retaining private usable open space on each lot, with an overall density of 10 up to12 dwellings per acre, in conformance with the land use element of the General Plan.

Ordinance No. 2023-509 Page 19

18.24.050 Minimum lot area and dimensions.

Lots or parcels in the R-1-M district shall have a minimum area of 4300 3,630 square feet. No lot shall contain less than 40 feet of lot frontage, except where a detached garage is served from an alley, where the minimum width shall be 35 fee. Minimum lot depth shall be 80 feet. On cul-de-sac lots, the required lot width must be provided within the front yard setback.

SECTION 8. Section 18.28.020 of Chapter 18.20 of the Guadalupe Municipal Code is hereby amended to read as follows:

Chapter 18.28 R-2 MULTIPLE DWELLING (MEDIUM-DENSITY) RESIDENTIAL DISTRICT

18.28.020 Permitted uses.

Uses permitted in the R-2 district include:

One or more single-family or multiple-family dwellings, including apartment houses or condominiums, plus ADUs and JADUs consistent with Chapter 18.53, provided that there shall be no more than one dwelling unit for each 3,000 square feet 2,178 square feet of land within the lot or parcel on which the dwelling is located. All dwellings shall be of a permanent character, placed upon a permanent foundation, and shall not be a mobile home or other temporary or vehicular type of dwelling; SECTION 9. Section 18.32.020 of Chapter 18.32 of the Guadalupe Municipal Code is hereby amended to read as follows:

Chapter 18.32 R-3 MULTIPLE DWELLING (HIGH-DENSITY) RESIDENTIAL DISTRICT

18.32.020 Permitted uses.

Uses permitted in the R-3 district include:

One or more single-family or multiple-family dwellings, including apartment houses or condominiums, plus ADUs and JADUs consistent with Chapter 18.53, provided that there shall be no more than one dwelling unit for each 1,700 square feet 1,452 square feet of land within the lot or parcel on which the dwelling is located. All dwellings shall be of a permanent character, placed upon a permanent foundation, and shall not be a mobile home or other temporary or vehicular type of dwelling; SECTION 10. Section 18.42.010 and 18.42.030.A.3 of Chapter 18.42 of the Guadalupe Municipal Code is hereby amended to read as follows:

Chapter 18.42 COMMERCIAL RECREATION DISTRICT

18.42.010 Purpose of district.

The purpose of the C-R district is to accommodate businesses who cater to the recreation and traveling needs of the community and visitors.

18.42.030.A.

3. Hostels
SECTION 11. Section 18.16.010 of Chapter 18.16 of the Guadalupe Municipal Code is hereby amended to read as follows:

Ordinance No. 2023-509 Page 20

18.42.010 Zoning map and zoning district boundaries.

The “ZONING MAP OF THE CITY OF GUADALUPE” is hereby amended to ensure consistency with the 2042 Guadalupe General Plan, as described in Exhibit 1 – Proposed Zoning Designations.

SECTION 11. 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 12. 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 13. 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 14thday of March 2023, by the following roll call vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

Ordinance No. 2023-509 Page 21
ATTEST:

Amelia M. Villegas, City Clerk
________________________
Ariston Julian, Mayor
APPROVED AS TO FORM:
________________________________
Philip F. Sinco, City Attorney

Page 1 of 3 ends

Agenda Item No. 12

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of March 14, 2023
________________________________ __________________________________ Prepared by: Approved by:

Robert Perrault, Interim Finance Director Todd Bodem, City Administrator Janice Davis, Finance Director
SUBJECT: FY 2022-23 Mid-Year Adjustments
RECOMMENDATION:

It is recommended that the Council adopt Resolution No. 2023-19 appropriating funds from the General Fund Reserve and adjusting the General Fund, Enterprise, Special Funds, and American Rescue Plan Act ARPA Fund.

BACKGROUND:

On February 28, 2023, staff presented the Council with a Mid- Year report that analyzed revenues and expenditures through the 7th month of the Fiscal Year or January 31, 2023. Based on the information contained in the report and subsequent Council direction staff is presenting a recommendation to amend the General Fund, Enterprise, and Special Revenue Funds. The specifics regarding the recommended changes are identified in the accompanying resolution and its attachments. The following is a summary of the recommended adjustments.

General Fund:

General Fund Reserve
As the Council will recall a Local State of Emergency was declared and subsequently ratified by the Council during the heavy rains of early January. As a result of the emergency, the City incurred a number of costs. These costs were detailed in the report of February 28. Staff recommended and the Council directed that $150,000 be appropriated from the City’s General Fund Reserve Fund to Fund 4 Stormrelated costs. As of January 31, the General Fund Reserve had an estimated Fund Balance of $764,505, and the appropriation of $150,000 will reduce this balance to $614,505. The appropriation is contained in the attached Resolution.

General Fund Revenues:

In the Mid- Year report, staff estimated revenues would be reduced from the original budget amount of $6,931,513 to a revised estimate of $6,842,264. Exhibit A to the resolution incorporates these revenue estimates as budget revisions.

Robert Perrault
Janice Davis

Page 2 of 3 ends

General Fund Expenditures:

Contained within the report were year-end expenditure projections that would reflect an overall reduction in General Fund expenditures from a budgeted $6,931,513 to $6,814,772. Exhibit A to the resolution incorporates these changes as directed by the Council with the exception of the Police Department which staff is recommending be held at the previous budget amount of $2,905,300. This will leave a slight buffer of just over $26,000 which can be used to offset in part any additional personnel costs. The net impact of this recommendation is to adjust the budgeted expenditure level to $6,840,812.

With this change, the General Fund budget will remain balanced. The changes noted in Exhibit A also reflect line-item changes requested by Departments to accommodate operation needs but do not adversely impact the revised General Fund expenditure level.

Enterprise / Special Revenue Fund Adjustments:

Certain recommended changes to the Enterprise and Special Revenue Funds were included in the MidYear report. The recommended changes are summarized below and are further detailed in Exhibit B to the resolution. The changes reflect increases to the operational costs contained within the various Funds:

Water Operations:
- An increase of $80,000 is requested to cover the cost of an increased water allocation from the State Water Project.
-
Wastewater Operations
- An increase of $20,000 to cover additional regulatory fees associated with the operation of the plant.
- Operating supplies costs are expected to increase by $10,000.

LTF Transit
- An increase the cost of rental equipment is being recommended.

Guadalupe Assessment District
- Additional costs are sought for vegetation reduction.

Guadalupe Landscaping and Lighting District and Pasadera Landscaping and Lighting District. - Increase in costs for both districts are being sought to cover increased utility costs ARPA Modifications
As a part of the FY 2022- 23 Budget Process the allocation of American Rescue Plan Act Funds were reviewed. A detailed listing of the ARPA allocation and proposed funding for the remainder of the year is listed as the last attachment to this report. Exhibit C to the resolution identifies changes that staff is recommending for the remainder of this fiscal year. These changes are redirecting funds from certain CIP projects that are not likely to be pursued to other CIP projects that are either underway or contemplated during the second half of the year.

Should the Council wish to review the use of ARPA funds in detail, staff would suggest that a separate discussion be scheduled.

Page 3 of 3 ends

FISCAL IMPACT:

The fiscal impacts associated with the Mid Year changes are detailed in this report.

ATTACHMENTS:

1. Resolution No. 2023-19 with accompanying exhibits

2. ARPA Spreadsheet
RESOLUTION NO. 2023-19

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA APPROPRIATING FUNDS TO FUND 4- STORM RELATED COSTS, AND ADOPTING BUDGET AMENDMENTS TO THE FY 2022-23 BUDGET MAKING CHANGES TO THE ALLOCATION OF ARPA FUNDS
WHEREAS, commencing on January 9, 2023, the City was impacted by a series of significant storms; and
WHEREAS, on January 10, 2023, the City Administrator declared a Local State of Emergency, and said declaration was ratified by the City Council on January 17, 2023: and WHEREAS, the City incurred an estimated $150,000 in unbudgeted storm related costs; and WHEREAS, the City has sufficient cash reserves to cover said costs, and it is fitting that said reserve funds be used to cover costs incurred as a result of the Local State of Emergency, and WHEREAS, the City Council adopted the Fiscal Year 2022-23 budget; and WHEREAS, the City Council on February 28, 2023, the City Council reviewed staff-prepared projection of revenues and expenditures for the FY 2022-23 Budget, and WHEREAS, the City Council directed that amendments to the FY 2022-23 be prepared based on staff-issued projections.

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

That the following amendments for the Fiscal Year FY 2022-23 budget are approved:

1. The appropriation of $150,000 in General Fund Reserves are appropriated to Fund 4- Storm Related Costs.

2. Amendments to the General Fund as specified in Exhibit A to this resolution.

3. Amendments to the Enterprise and Special Funds as specified in Exhibit B to this resolution; and

4. Amendment to the ARPA allocation as specified in Exhibit C to this resolution.

PASSED AND ADOPTED at a regular meeting on the 14th day of March 2023 with the following roll call vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTACHMENT 1
I, Amelia M. Villegas, City Clerk of the City of Guadalupe, DO HEREBY CERTIFY that the following Resolution being Resolution No. 2023-19 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held on March 14,2023 and that same was approved and adopted.

ATTEST:
_______________________________ _____________________
Amelia M. Villegas, City Clerk Ariston, Julian, Mayor
APPROVED AS TO FORM:
_______________________________
Phillip F. Sinco, City Attorney

EXHIBIT A
FY 22-23 General Fund Mid-Year Adjustments

1. General Fund Revenues are adjusted from $6,931,513 to $6,842,264:
a. 3130 - Sales and use tax is increased from $549,000 to $569,000. b. 3136 – Local sales tax is increased from $691,731 to $712,482. c. 3140- Prop. tax transfer is increased from $30,000 to $5,000. d. 3215- Building Permits is increased from $104,000 to $129,000-$25,000. e. 3225- Cannabis revenue is decreased from $100,000 to $0. f. 3483- School Resource Officer Prog. Is decreased from $60,000 to $0. g. Transfer from ARPA $659,113- $$670,704- $11,591.

2. General Fund Expenditures are adjusted from $6,931,097to $6,840,812. a. City Council budget is increased from $12,680 to $15,730 - $3,050. - 0350- Workers Compensation is increased from $550 to$1,550. - 1550- City Council Exp is increased from $550 to $2,550. b. Administration budget is reduced from $507,300 to $487,008. c. Building Maint. budget is decreased from $329,594 to $243,871. - 0100- Perm empl. is reduced from $56,700 to $35,000.
- 2150- Professional Services is reduced from $135,574- $71,551 - 1560 Fuel is increased from $750.00 to $2,000.
d. Police Department
- 0200 Police Department overtime is increased from $224,100 to $266,100. e. Fire Department budget is increased from $1,264,000 to $1,301,452. - 0200 Overtime line item is increased from$123,800 to $160,85. f. Parks and Recreation budget is increased from $369 372 to $375,000. - 1560 Fuel is increased from $1,000 to $6,628

EXHIBIT B
Enterprise and Special Fund Mid- Year Adjustments
Water Operations:

1. Fund 10 4420- 1553 -State Water Project- line- item budget is increased from $650,000 to $730,000.

Wastewater Operations:

1. Fund 12-4425-1350- Member Agency Fees- line-item budget is increased from $40,000 to $60,000.

2. Fund 12- 4425-1550- Operation Supplies- line-item budget is increased from $34,000 to $44,000.

LTF Transit:

1. Fund 23-4461-2200 – LTF Equipment Rental- line- item is increased from $1500 t0 $6,000-
Guadalupe Asst. District:

1. Fund 60 2150- Professional Services- line-item increase from $6,000 to $36,000.

Pasadera Lighting and Landscape District:

1. Fund 63-4472- 1000- Utilities- line-item is increased from $17,620 to $41,620.

Guadalupe Lighting District:

1. Fund 65-4185-1000 – Utilities- increase line item from $65,000 to $98,000.

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 $ -

EXHIBIT C
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

A B C D E M N O P Q R S T U V W
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 - - - 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 - 1,000.00 01-4300-1550 Recreational Programs $ 20,000 $ 328.29 $ 19,671.71 19,671.71 19,671.71 - - - 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 - 4,320.00 01-4140-2151 Spanish/Mixteco Interpreting Services $ 7,500 $ - $ 7,500.00 7,500.00 - 7,500.00 - 7,500.00 01-4140-2151 Website Update $ 15,000 $ 3,500 $ 8,550.00 $ 6,450.00 6,450.00 6,450.00 - - - 01-4140-2151 Website Content $ 4,800 $ - $ 4,800.00 4,800.00 4,800.00 - - - 01-4140-2151 Website Event Management Plugin $ 5,000 $ - $ 5,000.00 5,000.00 - 5,000.00 - 5,000.00 01-4140-2151 Website PW Request - Workflow Management $ 1,200 $ - $ 1,200.00 1,200.00 - 1,200.00 - 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 - - - CIP Architectural Drawings $ 100,000 $ 100,000 $ - $ 100,000.00 100,000.00 - - - CIP City Hall Restroom(s) Redesign $ 154,000 $ - $ 154,000.00 154,000.00 - - - CIP City Hall Painting $ 300,000 $ - $ 300,000.00 - 57,780.00 242,220.00 - 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 - - - 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) - (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 9,900.00 - CIP Library Relocation $ 30,000 $ - $ 30,000.00 30,000.00 - 30,000.00 - 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 - 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 - 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) - (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 $ 153,000 $ 611,780 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 $ 842,919 $ 1,313,290 $ 70,807
$ - $ - $ 554,000.00 $ 56,658.00 $ -
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 $ - $ - $ - $ - $ - $ - $ -

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Agenda Item No. 13

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

Todd Bodem, City Administrator
SUBJECT: Resolution continuing the existence of a local state of emergency RECOMMENDATION:

That the City Council adopt Resolution No. 2023-20 continuing the local state of emergency ratified by the City Council at its meeting on January 17, 2023.

BACKGROUND:

In anticipation of severe weather, Governor Newsom had declared a state of emergency in California on January 4, 2023. The state, including the Central Coast, experienced large amounts of rain and some flooding, but the majority of the rain and flooding occurred on January 9, 2023. On that date, President Biden authorized an emergency declaration for the state of California as a result of the severe rainstorms and flooding that were occurring. During the afternoon on January 9, 2023, the County of Santa Barbara Executive Officer/Director of Emergency Services, Mona Miyasato, issued a proclamation of a local emergency as a result of heavy rains and flooding in the County;.

During the evening on January 9, 2023, the Director of Public Safety reported that the City of Guadalupe Public Works Director had ceased public transportation in the City of Guadalupe and reported that a number of public facilities had been adversely impacted and or compromised due to strong winds, reckless drivers, and flooding, and that Public Works Department and Recreation and Parks Department personnel were removing debris from City of Guadalupe streets.

The Director of Public Safety later reported at 11:58 p.m. that the area of lower Pioneer Street in the City of Guadalupe was flooded and had been blocked off from traffic. He reported that the affected residents had been evacuated, and also, that the City had opened the City Hall Auditorium as a shelter where twenty (20) residents were staying. The Director of Public Safety advised that the City’s Emergency Operations Center had been activated and that City staff were provided services to assist with the emergency conditions.

During the night of January 9, 2023, and the early morning of January 10, 2023, the City Administrator/Director of Emergency Services consulted with the Director of Public Safety and concluded that the City’s streets and the facilities in the City of Guadalupe would continue to be

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impacted until the current storm pattern subsided, and even if the storm were to subside, there were some areas in the City of Guadalupe still experiencing flooding, and that there was a possibility of mudslides, as well as continuing impacts on traffic and public infrastructure due to storm debris which presented a threat to the health, safety, and welfare of the general public in the City of Guadalupe.

The City Administrator/Director of Emergency Services determined that, in light of the continuing threats to the health, safety, and welfare of the general public in the City of Guadalupe, the City Council meeting scheduled for 6 p.m. on Tuesday, January 10, 2023, should be cancelled, and after consulting with the City Attorney, concluded that Chapter 2.32 of the Guadalupe Municipal Code granted him the authority to proclaim the existence of a local emergency and to take appropriate actions, including cancelling the City Council meeting scheduled for 6 p.m. on January 10, 2023.

At a special City Council meeting held on January 17, 2023, the City Council considered a request from the City Administrator to ratify the declaration of a local state of emergency he had proclaimed on January 10, 2023 (and his decision to cancel the January 10th Council meeting). The City Council adopted Resolution No. 2023-03 which ratified the City Administrator’s proclamation of a local emergency.

DISCUSSION:

Government Code section 8630 provides:
(a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body.
(c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.

Section 2.32.050 of the Guadalupe Municipal Code (GMC) created the Office of Emergency Services in the City of Guadalupe and designated the City Administrator as the Director of Emergency Services. GMC section 2.32.050.A authorizes the City Administrator to: “[r]equest the City Council to proclaim the existence or threatened existence of an emergency or a disaster and the termination thereof, if the City Council is in session, or to issue such proclamation if the City Council is not in session, subject to confirmation by the City Council at the earliest possible time.” Because of the rapidly changing situation and in light of the County of Santa Barbara’s declaration of a local public health emergency, City Administrator/Director of Emergency Services, Todd Bodem, on January 10, 2023, issued a “Proclamation OF Existence of a Local Emergency by the City Administrator/Director of Emergency Services of the City of Guadalupe” as a result of severe weather

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that took place on January 9, 2023, and the continuing impacts from this severe weather. A copy of this Proclamation was attached to Resolution No. 2023-03 as Exhibit “A.” The City Council ratified the existence of a local emergency on January 17, 2023, and Government Code section 8630(c) requires the Council to review the need for continuing the local emergency at least once every 60 days until it decides to terminate the local emergency.

Although the amount of rain that has fallen on the City of Guadalupe since the January 9th event has not been in an amount that resulted in any significant concerns, at the time of the preparation of this staff report, heavy rains were expected to occur on Friday, March 10, 2023, and continuing into Saturday, March 11, 2023. According to a weather briefing received by Director of Public Safety, Michael Cash, the Sisquoc river (which feeds into the Santa Maria River) is predicted to reach the 11-12’ “Action” Stage during the late night on Friday, March 10th and into Saturday morning, March 11th. The river level is expected to rise quickly as snow levels will be very high, so rain will likely melt snow in Sisquoc watershed. The briefing notes that, for reference, the January 9th peak height was 17’ at midnight, and that 15’-16’ is approximate height that impacts northern Guadalupe in the riverbed.

Even if this storm does not result in flooding in the City, this storm can clearly justify the City Council’s decision to continue the existence of a local emergency, and staff recommends that the Council do so.

FISCAL IMPACT:

If the City Council does not adopt Resolution No. 2023-20, the City may incur potentially significant costs if another storm results in flooding or other damage, as these costs may not be subject to reimbursement from state or federal agencies. Adoption of the resolution will permit the City to seek reimbursement for its costs in continuing to respond to this local emergency as needed.

ATTACHMENT:

1. Resolution No. 2023-20 entitled “A Resolution of the City Council of Guadalupe Continuing the Existence of a Local State of Emergency.”

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RESOLUTION NO. 2023-20

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE CONTINUING THE

EXISTENCE OF A LOCAL STATE OF EMERGENCY
WHEREAS, Government Code section 8630 provides:
(a) A local emergency may be proclaimed only by the governing body of a city, county or city and county, or by an official designated by ordinance adopted by that governing body.
(b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall remain in effect for a period in excess of seven days unless it has been ratified by the governing body.
(c) The governing body shall review the need for continuing the local emergency at least 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrants; and
WHEREAS, Section 2.32.020 of the Guadalupe Municipal Code defines “emergency” as “the actual or threatened existence of conditions of emergency or of extreme peril to the safety of persons and property within this City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake, hazardous materials or conditions resulting from war or imminent threat of war;” and
WHEREAS, Section 2.32.050 of the Guadalupe Municipal Code declares that the City Administrator shall be the Director of Emergency Services and may request that “the City Council to proclaim the existence or threatened existence of an emergency or a disaster and the termination thereof, if the City Council is in session, or to issue such proclamation if the City Council is not in session, subject to confirmation by the City Council at the earliest possible time;” and
WHEREAS, Section 2.32.060 of the Guadalupe Municipal Code provides that the City Administrator/Director of Emergency Services may “[m]ake and issue rules and regulations on matters reasonably related to the protection of life and property, as affected by such disaster; provided, however, such rules and regulations must be confirmed at the earliest practical possible time by the City Council” and
WHEREAS, on January 4, 2023, in anticipation of severe weather, Governor Newsom had declared a state of emergency in California; and
ATTACHMENT 1

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WHEREAS, on January 9, 2023, President Biden authorized an emergency declaration for the state of California as a result of the severe rainstorms and flooding that occurred on January 9, 2023; and
WHEREAS, on January 9, 2023, the County of Santa Barbara Executive Officer/Director of Emergency Services, Mona Miyasato, issued a proclamation of a local emergency as a result of heavy rains and flooding in the County; and
WHEREAS, the Director of Public Safety reported at during the night of January 9, 2023, and updated at 3:49 a.m. on January 10, 2023, that the area of lower Pioneer Street in the City of Guadalupe was flooded and blocked off and that the affected residents had been evacuated, and also, that the City had opened the City Hall Auditorium as a shelter where twenty (20) residents were staying; and
WHEREAS, the Director of Public Safety has also reported on January 9, 2023, that the City of Guadalupe Public Works Director had ceased public transportation in the City of Guadalupe and reported that a number of public facilities had been adversely impacted and or compromised due to strong winds, reckless drivers, and flooding, and that Public Works Department and Recreation and Parks Department personnel were removing debris from City of Guadalupe streets; and WHEREAS, the City Administrator/Director of Emergency Services found that streets and the facilities in the City of Guadalupe would continue to be impacted until the storm pattern subsided; and
WHEREAS, the City Administrator/ Director of Emergency Services found that the severe weather that occurred on Monday, January 9, 2023, negatively affected the City of Guadalupe, including flooding, and impacts on traffic and public infrastructure due to storm debris, and was likely to continue to present a threat to the health, safety, and welfare of the general public in the City of Guadalupe; and
WHEREAS, pursuant to Section 2.32.060 of the Guadalupe Municipal Code in light of the continuing threats to the health, safety, and welfare of the general public in the City of Guadalupe, the City Council meeting scheduled for 6 p.m. on Tuesday, January 10, 2023, the City Administrator ordered the City Council meeting to be cancelled; and WHEREAS, pursuant to Section 2.32.050 of the Guadalupe Municipal Code and Government Code 8630(a), the City Administrator issued a Proclamation of a Local Emergency; and WHEREAS, at a special City Council meeting held on January 17, 2023, the City Administrator, pursuant to Section 2.32.050 of the Guadalupe Municipal Code and Government Code section 8630(b) requested that the City Council ratify his decision to cancel the City Council meeting of January 10, 2023, and his Proclamation of a Local Emergency; and WHEREAS, at the special meeting on January 17, 2023, the City Council adopted Resolution No. 2023-03 ratifying the Director of Emergency Services’ determination that the severe weather created a threat to the public health, safety, and welfare that warranted and necessitated the proclamation of the existence of a local emergency, and the cancellation of the City Council meeting scheduled for 6 p.m. on Tuesday, January 10, 2023; and WHEREAS, heavy rains fell on Friday, March 10, 2023, and continuing into Saturday, March 11, 2023, which caused the Sisquoc river to reach the “Action” stage and increased flows in the Santa Maria River (which impacted the City of Guadalupe), and this weather event is evidence of the continuing threat to public health, safety, and welfare to the residents of the City of Guadalupe from extreme weather and rain fall that has occurred, and may continue to occur for the foreseeable further, thus justifying the continuing of the locally declared emergency.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GUADALUPE THAT:

SECTION 1. The City Council of the City of Guadalupe hereby adopts all of the findings made in Resolution No. 2023-03, adopted on January 17, 2023.

SECTION 2. Pursuant to Government Code section 8360, the City Council has reviewed whether the local emergency it ratified and declared on January 17, 2023, should continue to exist, and based on the above recitals and the information provided during the City Council meeting on this date, has determined that the local emergency should continue.

SECTION 3. As required by Government Code section 8360, the City Council shall review the need for the continued local emergency again at least once within the next sixty (60) days.

SECTION 4. This Order is effectively immediately upon adoption.

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

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

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I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2023-20, has been duly signed by the Mayor and attested by the City Clerk, all at a special meeting of the City Council, held March 14, 2023, and that same was approved and adopted.

ATTEST:
_____________________________________ ___________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
_____________________________________
Philip F. Sinco, City Attorney

Guadalupe City CouncilMarch 14, 2023

Guadalupe City Council
March 14, 2023