Guadalupe City Council
May 9, 2023

May 9, 2023 City of Guadalupe Council Meeting Agenda Page 1 of 5 City of Guadalupe
AGENDA
Regular Meeting of the Guadalupe City Council
Tuesday, May 9, 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, May 9, 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
May 9, 2023 City of Guadalupe Council Meeting Agenda Page 2 of 5

2. PLEDGE OF ALLEGIANCE

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
• Proclamation – Asian American and Native Hawaiian/Pacific Islander Heritage Month – May 2023

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

Pursuant to the 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 May 1, 2023.

C. Approve the Minutes of the City Council regular meeting of April 25, 2023.

D. Accept the April 2023 City of Guadalupe Pioneer Street Flooding Incident After-Action Report.

E. Adopt Resolution No. 2023-32 accepting the donation of a Simpson pressure washer valued at $856.13 to the Guadalupe Police Department from the Guadalupe Hardware Company.

F. Adopt Resolution No. 2023-33 filing of a Notice of Completion for the 2022 Pavement Rehabilitation project and authorizing the City Clerk to file it with the County Recorder.

G. Adopt Resolution No. 2023-34 approving an agreement for professional services with the law firm of Bocarsly Emden Cowan Esmail & Arndt LLP for assistance on tax credits for the Royal Theater project.

May 9, 2023 City of Guadalupe Council Meeting Agenda Page 3 of 5 H. MONTHLY REPORTS FROM DEPARTMENT HEADS

1. Planning Department report for April 2023

2. Building Department report for April 2023

3. Public Works/Engineering Department report for April 2023

8. CITY ADMINISTRATOR REPORT: (Information Only)

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

REGULAR BUSINESS

10. Fee Waiver Request for Use of City Auditorium (Kids Come First Foundation).

Written report: Philip F. Sinco, City Attorney
Recommendation: That the City Council waive or reduce the fees for Kids Come First Foundation to use the City Auditorium for its May 11, 2023, event.

11. Elevated Tank Painting.

Written report: Shannon Sweeney, Public Works Director/City Engineer Recommendation: That the City Council provide direction to staff on next steps for the elevated tank painting.

12. Approve contact with Roesling Nakamura Terada (RNT) Architects in the amount of $272,592.90 for the development of the City of Guadalupe Facilities Master Plan.

Written report: Shannon Sweeney, Public Works Director/City Engineer Recommendation: That the City Council adopt Resolution No. 2023-35 approving a contract with Roesling Nakamura Terada (RNT) Architects in the amount of $272,592.90 for the development of the City of Guadalupe Facilities Master Plan.

13. City Hall Parking Restrictions.

Written report: Philip F. Sinco, City Attorney
Recommendation: That the City Council:

1. Introduce on the first reading, and continue to its meeting of May 23, 2023, for second reading and adoption, Ordinance No. 2023-510 amending Chapter 10.24 of the Guadalupe Municipal Code to restrict twelve (12) designated parking spaces on the east side of Obispo Street between Ninth and Tenth Streets for the use of City of Guadalupe employees and to allow 20-minute limited public parking during hours and/or days of the week as specific by the City Council by resolution or by minute order; and

2. Adopt Resolution No. 2023-31 to establish preferential permit parking for City of Guadalupe employees for the twelve (12) designated parking spaces on the east side of Obispo Street between Ninth and Tenth Streets.

May 9, 2023 City of Guadalupe Council Meeting Agenda Page 4 of 5

14. Resolution terminating the existence of a Local State of Emergency.

Written report: Todd Bodem, City Administrator
Recommendation: That the City Council adopt Resolution No. 2023-36 terminating the local state of emergency ratified and declared by the City Council at its meeting on January 17, 2023.

15. Appeal of Hearing Officer’s Decision on Compliance Order re: 866 Guadalupe Street.

Written report: Philip F. Sinco, City Attorney
Recommendation: That the City Council deny, by resolution, the appeal filed by Jose Martinez and Ruben Dorado, the responsible party(ies), of a nuisance abatement order issued by the City’s hearing officer (Jack Owen) on a compliance order for a property located at 866 Guadalupe Street.

16. FUTURE AGENDA ITEMS

17. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS

18. ADJOURNMENT TO CLOSED SESSION MEETING

CLOSED SESSION

19. Conference with Labor Negotiators
(Subdivision (a) of Gov. Code Section 54957.6)
Agency designated representatives: City Administrator and Human Resources Manager Employee organizations: Service Employees International Union (SEIU), Local 620 and Guadalupe Police Officers Association (POA)

20. ADJOURNMENT TO OPEN SESSION MEETING

21. CLOSED SESSION ANNOUNCEMENTS

22. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall display case and website not less than 72 hours prior to the meeting.

Dated this 5th day of May 2023.
______________________________
Todd Bodem, City Administrator
Todd Bodem
May 9, 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 Workshop Recreation & Parks Dept. Workshop Tuesday, May 23, 2023, at 6:00 pm / Regular Meeting
Amend Job Description for City’s Permit Technician Human Resources Consent Calendar Second Reading Ordinance No. 2023-510 City Hall
Parking Restrictions
City Attorney Consent Calendar
Lopez H2A Housing (2023-022-CUP) Planning Department Public Hearing Element 7 Cannabis Dispensary Project CUP & Design
Review
Planning Department Public Hearing
Fiscal Year 2021-2022 Audited Financial Statement and
Single Audit report
Finance Department Regular Business
Waste Management Agreement Extension Public Works Department Regular Business Tuesday, June 13, 2023, at 6:00 pm / Regular Meeting
Tuesday, June 27, 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
Benefit for Unrepresented Employees Human Resources New Business Al’s Union Property New Business
Rent Stabilization New Business
Central Coast Community Energy 3CE July 25, 2023 Presentation Central Coast Processing – Community Benefit
Agreement
Admin Dept. New Business
State of City Report July 2023 Admin Dept. New Business City ofGuadalupe Guadalupe, California
Proclamation
Asian American and Native Hawaiian/Pacific Islander Heritage Month May 2023 WHEREAS, this May, during Asian American and Native Hawaiian/Pacific Islander Heritage month, we recognize the history and achievements of Asian Americans, Native Hawaiians, and Pacific islanders (AANHPI), across our Nation; and
WHEREAS, in the midst of a difficult year of pain and fear, we reflect on the tradition of leadership, resilience, and courage shown by AANHPI communities, and recommit to the struggle for AANHPI equity; and WHEREAS, Asian Americans, and Native Hawaiians, and Pacific Islanders make our nation more vibrant through diversity of cultures, languages, and religions; and
WHEREAS, there is no single story of the AANHPI experience, but rather a diversity of contributions that enrich America’s culture and society and strengthen the United States’ role as a global leader; and WHEREAS, the American story as we know it would be impossible without the strength, contributions, and legacies of AANHPIs who have helped build and unite this country in each successive generation; and WHEREAS, from laying railroad tracks, tilling fields and starting businesses, to caring for our loved ones and honorably serving our Nation in uniform, AANHPI communities are deeply rooted in the history of the United States; and
WHEREAS, the City of Guadalupe also celebrates and honors the invaluable contributions the AANHPIs communities have made to our Nation’s culture and the arts, law, science and technology, sports, and public service – including the courageous AANHPI who have served on the front lines during the COVID-19 pandemic as health care providers, first responders, teachers, and other essential workers; and WHEREAS, the City of Guadalupe affirms that Asian Americans, Native Hawaiians, and Pacific Islanders make our Nation strong.

NOW, THEREFORE, BE IT RESOLVED, by virtue of the authority vested in me as Mayor and on behalf of the City Council of the City of Guadalupe, I, Ariston Julian, do hereby proclaim May 2023 as Asian American and Native Hawaiian/Pacific Islander Heritage month.

IN WITNESS WHEREOF, I hereunto set my hand and caused the Seal of the City of Guadalupe to be affixed on this 9th day of May 2023.
____________________________________
Ariston Julian, Mayor
City of Guadalupe
Agenda Item No. 5
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Agenda Item No. 7B

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of May 09, 2023
Approved by:

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

RECOMMENDATION:

Payment of warrants for the period ending May 01, 2023, to be approved for payment by the City Council. Subject to having been certified as being in conformity with the budget by the Finance Department staff.

That the City Council review and approved the listing of hand checks and warrants to be paid on May 10, 2023.

BACKGROUND:

Submittal of the listing of warrants issued by the City to vendors for the period and explanations for disbursement of these warrants. An exception, such as an emergency hand check may be required to be issued and paid prior to submittal of the warrant listing, however, this warrant will be identified as "Ratify" on the warrant listing.
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April 25, 2023 City of Guadalupe Council Meeting Minutes Page 1 of 12 City of Guadalupe
Regular Meeting of the Guadalupe City Council
Tuesday, April 25, 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
Mayor Julian called the meeting to order at 6:00 p.m. All members were present. (NOTE: The abbreviation, “CM” for “Council Member” will be used in these minutes.)

2. PLEDGE OF ALLEGIANCE

3. MOMENT OF THANKS, APPRECIATION OR CONDOLENCES.

Mayor Julian said, “Too often, we have to offer our prayers and condolences. We can continue to do that, but I’d like to highlight some positive things that are happening here in Guadalupe:
- Rudy Quintanilla: He is a volunteer who has been weeding and sprucing up the City’s Veterans Memorial Parking lot downtown. He’s said that he’d like to adopt the Memorial Parking lot to continue helping to maintain its upkeep.
- Central Coast Vietnam Veterans Association: Thanks to Chapter 982 for the relocation of the Veterans Memorial Monument from private property on to City property. Also, thanks for the dedication and Guadalupe Veterans Memorial Paver project that will go around the monument which will complete the relocation of the monument. You don’t have to be a veteran …costs $50 to put your name there, or have an imprint like ‘In Honor Of”, etc. Contact Deek Segovia if interested. (A comment, though, was made that everything was sold out already.) - Volunteer Clean-Up: On Earth Day, this wasn’t advertised. Thanks to Jacob, Josue, Patrick, Chief, etc. who helped clean up Nelson Street, Point Sal Dunes and West Main Street. By us being out there, people were stopping by saying they would help next time. There were weeds everywhere. It’ll be a long time before we catch up due to the heavy rains we’ve had, here and everywhere. So, it’s best to get everyone to help clean up.

Agenda Item No. 7C
April 25, 2023 City of Guadalupe Council Meeting Minutes Page 2 of 12 - General Plan approval: The Guadalupe General Plan 2042 won a Comprehensive Plan Award: Small Jurisdiction Award of Excellence or Merit. The plan is being submitted for an award at the State level once nominations are open.
- Recreation Economy for Rural Communities (RERC): Todd will give details later. - Guadalupe Community Resiliency Plan 2023: That will be discussed tonight.

The mayor stressed, “If you combine all these things, here are a lot of positive things happening now.

We should be proud of all that’s happening here. Things will be happening quickly. Appreciation and thanks to those who put everything together.”
CM Hernandez added, “Thank you to those who came out during Clean-Up Day on Saturday.” CM Lizalde also said, “Thank you, too. It was such an eye-opening experience for a lot of people.

Maybe they didn’t take part in this particular activity, but I saw neighbors cleaning up…got everyone excited about getting back outside, tidying up and really focusing on our environment. A really nice way to kick off Spring, change in the weather…there are really a lot of great things happening.”

4. AGENDA REVIEW
City Attorney Sinco mentioned that staff requested Item #14. ‘Conference with Labor Negotiators’ be canceled. There were no other changes requested for the agenda.

5. COMMUNITY PARTICIPATION FORUM
There were two (2) Requests to Speak:

Amelia Villegas: Ms. Villegas mentioned that this is “National Library Week”, from 4/23/23 through 4/29/23. She said, “As a member of the ‘Friends of the Guadalupe Library’, I encourage everyone to utilize our little branch here in Guadalupe. The ‘Friends’ is an auxiliary group that helps with funding in support of our library. Library cards are free…just go to the library and let them know you want a card. There’s no waiting, and you can use the card immediately to check out books, DVDs, magazines…use any of the six (6) computers that are available. The library is increasing the number of books in Spanish for children, teens and adults. If a book isn’t at the branch, it can be ordered from another branch through the Gold System, inter-library loan system. The book will be delivered to the branch here in town and you’ll be notified for pick up. An additional staff member was recently hired resulting in new and increased hours for the library: Monday – Friday, 12:30 p.m. to 6:00 p.m.

And on Saturdays, 10:00 a.m. to 2:30 p.m. During business hours, Wi-Fi is available.

Ms. Villegas also mentioned that during the Santa Maria Strawberry Festival to be held at the Fair Park from Friday, 4/28/23, to Sunday, 4/30/23, the Santa Maria main library will have a table in the fair convention center. She said, “I will be there on Saturday, 4/29, from 12noon to 3:00 p.m. Please stop by and ask questions or just say ‘hello’.”
April 25, 2023 City of Guadalupe Council Meeting Minutes Page 3 of 12 Mayor Julian mentioned that Ms. Villegas’ mother worked at the library when it was housed in the Veterans Building. She commented, “Yes, my mother was the librarian here from 1964 to around 1982/83. The library was first in the location where Alcoholics Anonymous is now housed. It was then moved to the ‘larger’ location which is where the Historical Museum is now located.” CM Lizalde then asked if donations were accepted which they are.

Denise Swangin: I live in Pasadera on Hacienda Drive. I have been having some issues with a neighbor parking in front of my house after I have repeatedly asked him not to. He made it clear that he would continue to park in front of my home if the space was empty. I only have one space out front as I have a fire hydrant. There is no place for my elderly mother to park or friends when they visit. I am requesting that the City provide, at my expense, a parking permit to park in front of my home. Thank you for your time and consideration. If you would like to further discuss, I will provide you with my contact information. Thank you.

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

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

B. Approve payment of warrants for the period ending April 17, 2023.

C. Approve the Minutes of the City Council regular meeting of April 11, 2023.

D. Adopt Resolution No. 2023-29 approving a list of projects funded by Senate Bill 1 (SB 1): The Road Repair and Accountability Act.

E. MONTHLY REPORTS FROM DEPARTMENT HEADS

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

2. Human Resources report for March 2023

3. Recreation and Parks report for March 2023

4. City Treasurer’s report for February 2023
CM Hernandez requested that Item #6.B.-Warrants be pulled.

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

April 25, 2023 City of Guadalupe Council Meeting Minutes Page 4 of 12 Item #6.B – Warrants: CM Hernandez questioned the $5,000 warrant which was charged to the Police Department with the description, “Common Sense Consulting”. Mr. Bodem explained, “The $5,000 was for a consultant who came in to give a six-hour training. It was for our management staff, not all employees. I’m authorized to sign off on amounts under $50,000 if in the budget.

Otherwise, the item/request needs to go out for quote.” Mayor Julian asked about results and any follow up to this training. Chief Cash said, “This type of team building training had been brought up by the prior Human Resources Manager about one year ago. It took a while before we found someone. The consultant wants to come back to follow up with the workbooks given to the participants at the training to see how things are going. There was a trade-off with this consultant: train the management team first and the consultant will give free training on team building for Public Safety staff.”
CM Lizalde asked, “Did this go under a separate training budget?” Mr. Bodem said that there’s different training for each department. Chief Cash said he took the cost in his department’s budget.

CM Lizalde also asked, “I know we sent our Code Enforcement Officer to training. I was wondering where we are with that budget item? Have we spent everything already? How are we doing with that?” Chief responded, “Our Finance Director sends me our expenditure sheet monthly. We’re within budget for Fire and Police. First thing we look at is what’s our mandatory training. Then we work around that, so we know what’s already going to be spent…then we see what our needs are during the year.”
Motion was made by Council Member Costa, Jr. and seconded by Council Member Lizalde to approve Item #6.B-Warrants. 5-0 Motion passed.

7. CITY ADMINISTRATOR REPORT: (Information Only)
In addition to what is in the City Administrator’s written report, Mr. Bodem cited the following:

An email was received stating that there was groundbreaking for Santa Barbara County Regional Fire Communication facility. It’s an $18M project to be built in Santa Barbara. I’m sure the Chief can elaborate on that.

FEMA recently contacted me. There was damage to the unpaved parking lot at Le Roy Park due to the floods. FEMA could probably pay to have the lot paved so, in the event of future flooding, the parking lot will not be damaged. We will send FEMA all the necessary information for them, FEMA, to pay for this, as well as some of the water treatment plant.

We expect that there will be a notice to propose a 6
th Amendment to the Joint Exercise of Powers
Agreement for 3C Energy which is the County of San Luis Obispo. The 5 th Amendment that was just
added was the City of Atascadero.

April 25, 2023 City of Guadalupe Council Meeting Minutes Page 5 of 12 Mayor Julian commented that there is a significant report on RERC (Recreation Economy for Rural Communities) in the City Administrator’s report in the complete agenda. He said, “This should be shared with anybody concerned about our recreation and the income that comes regarding that.” CM Lizalde asked Mr. Bodem about his meeting with Dr. Emilio Handall, School District Superintendent and whether or not the City was moving forward with the Townsend Group. Mr.

Bodem said, “We don’t have a contract with the Townsend Group, but we did use them to write the grant for the Royal Theatre. I know there’s been some discussion, you mentioned it, that we need to have a grant writer. Having one grant writer to cover all kinds of the different disciplines within a city is complicated. For example, if we hired a grant writer to write grants for just public works Shannon would be the only one who would be able put in the right language to use because she understands public works. So, hiring one grant writer would be a problem. If you’re interested in this, we could go to this group that has something like 100+ grant writers. Dr. Handall said the return on investment is immeasurable. If the City is interested in doing this, we can think about it during the budget process.” CM Lizalde suggested that the City should at least explore further in terms of cost. She said, “I do know, as a parent, that the school has been able to get a significant amount of grants for the past few years that have been impactful. It’s at least something we can look into…at least get numbers.”
CM Lizalde asked if Mr. Bodem had been in touch with Tesla as a result of an email she forwarded to him. He said, “There’s a project developer interested in Guadalupe because of Hwy 1. Guadalupe could be a “hot spot” for Tesla to come and put charging stations. The electrical vehicle charging stations (EVCs) are typically located on malls and sometimes on private property. I called the Dunes Center to see if there’s some interest in the old Far Western property. I don’t know if there’s interest there but they’re looking at 8-20 slots. They don’t typically do this on the side of a street, but they have done it in public parking spaces, as well. Example, the Veterans Memorial Parking lot…could do that. There’s an opportunity to pursue that. If not, we could look at some landowners in town.

They’re also interested in Pasadera area. The only problem there is that people would just charge their cars there and not use the downtown restaurants, etc. I think it’s a great opportunity and we’d be a destination point to charge vehicles.” CM Lizalde said, “I’m not sure I want to do that in Pasadera. I’d want to have them in the downtown area to revitalize the area. I think it’s a good opportunity to look at.”
Ms. Sweeney added, “The General Plan does include requirements for new establishments, new commercial areas, to have a certain number of EVCs. Mayor, you’re correct in saying when Pasadera builds out their commercial area, there will be EVCs required there. There currently are two (2) free EVC spots at the Veterans Memorial Plaza Parking Lot. I’m applying for a Clean California Local Grant, per Council’s direction, which is due this Friday. Park of that project includes two (2) EVCs.

Even if we don’t get that grant, the Affordable Housing grant that we got will be for a restroom and two (2) charging stations at the Amtrak station. If we don’t get the Clean California Local Grant, we still will be able to move forward with those. We’ll know about that grant in September if it will be awarded to us. It’s appealing to have Tesla stations for the Veterans Memorial Plaza Parking lot.

April 25, 2023 City of Guadalupe Council Meeting Minutes Page 6 of 12 They’re not free. I’ve never seen that parking lot full except during events. So, I see dedicating eight (8) spots to that would be a good thing. I would just be looking for direction if Council feels the same.” Mayor Julian commented “If we don’t do that, we’d be behind the ‘8-ball’. We’d have to move forward with that. Are these quick charging?” Mr. Bodem said that the Tesla ones are quick charging. Ms. Sweeney said, “This would be great…for the economic vitality, for the interest in our downtown. Having eight (8) of them means there’s more reliability. Sounds like the City Council is in supportive of this…..” At this point, City Attorney Sinco interrupted saying, “Please don’t discuss this any further. This is not an agendized item. We’ll bring this item to you for public discussion in an open session in the future, if that’s all right.” The mayor then said, “Good informal chat.”

8. DIRECTOR OF PUBLIC SAFETY REPORT: (Information Only) Chief Cash started off by saying, “First of all, I’d like to thank CM Lizalde. We go to a lot of meetings together. There was a meeting at McKenzie Intermediate School regarding the emergency alert process. There was an incident that had occurred, and there were some concerned citizens. It was a good way for the school to show, not only the concerned parents, but us, too, what their process is. It’s good for the communication between school and public safety so we can do some follow-up.” There’s a meeting with the school on 4/26…applying for an SRO (School Resource Officer) grant.

There are challenges with staffing and budget. We have some different ideas we’re going to float out there with them. The bottom line is always that our schools are safe for our children. Asked to come back and talk more.

Chief thanked the Pasadera resident who came forward and spoke this evening regarding parking.

He asked that she schedule another meeting with him to go into further detail about how they will deal with the parking issue.

An outside attorney service did a cease-and-desist order with one of our stores re: tobacco. The business had not re-upped their retail license. There are eight (8) retail stores that sell tobacco. Each year they have to purchase their license. Guadalupe had an “F” grade before, but it was improved to an “A” grade. We really worked with our establishments to get rid of those cigarettes that were being sold to kids, and we instituted our permit process. All of our establishments are stepping up to do what needs to be done. They come to PD and drop off their check or let me know they have the check. I can cross them off my list. We can then do an inspection of their store. I’d like to give a ’shout out’ to our establishments for doing what they should be doing. It’s kind of our fault that we didn’t check to make sure that those things got done.

Todd talked about this. Today was the groundbreaking in Santa Barbara for the new fire communication center. All departments will be going to that communications center. That’s a huge step forward regarding what’s really happening. We’re separating the communication for the Fire Department and law enforcement within the County of Santa Barbara. We’re unique here in April 25, 2023 City of Guadalupe Council Meeting Minutes Page 7 of 12 Guadalupe where fire and law enforcement respond together. Response time in Guadalupe is three (3) minutes whereas the industry standard is seven (7) minutes. We’re very proud of that.

Mayor Julian asked about code compliance and towing cars. Chief Cash said, “What was ‘Operation Night Tow’ has become ‘Operation Anytime Tow’. I talked with towing companies, and they really want us now. We want to tow cars of value first. They can hold cars to make sure people pay. There’s a two-page list of vehicles. We’re towing during the day and night. There was one tow for unpaid registration since 2012. There were six (6) or seven (7) that came through last week. People were upset. For the towing company, to get a car released, you have to come to the Police Department.

I have to sign to have the car released. There are two (2) towing companies who appreciate our work. In Santa Maria, you don’t have to go to PD for signature release. That causes friction with the towing company when people come to pick up their vehicles. People are upset, but we’re getting things done. We’re going through all areas of town.” Mayor Julian said, “You see some vehicles that are deficient with their registration by several years. This sends a message = get your tags.” Chief Cash added, “There was a car and boat connected. We towed both for not having updated registrations. We had a list for Pasadera, but all were corrected before we had to tow. We’re going to take the police trailer out to one of the pocket parks. Certain areas of Pasadera don’t come to our meetings. We’re going to stage a meeting out there to discuss that we’re going to continue this process. We’re not enforcing CCRs, but there are things we will enforce because of our ordinances.” CM Lizalde then said, “Enforcement should be across-the-board. This is a citywide issue, not a Pasadera issue, not a Point Sal issue, etc. I appreciate that this is about the City. This is not about one neighbor versus another…one street versus another. This is about what kind of property values we want to maintain. What type of neighbors do we want to be to one another. What we want our streets to look like. These ordinances have been in the books for some time. They’re in response to a need. I believe it’s cyclical. During the pandemic, there was a courtesy not to enforce things. Once everyone is educated and understands that this is not new, I hope neighbors will be supportive and understand that public streets support everyone and not just your home. I appreciate the work you’re doing. I know it’s difficult, but I know you’re doing your job. You’re doing what the citizens have asked for. So, thank you.”
At this time, Mr. Bodem said he had missed one of his notes on an unrelated item: “As of April 11th, the wastewater treatment plant has stopped discharging to the river.”

REGULAR BUSINESS

9. Approval of the Guadalupe Community Resilience Plan 2023.

Written report: Tiffany Gonzales, Community Development Director, LADG Recommendation: That the City Council adopt Resolution No. 2023-30 approving the Guadalupe Resilience Plan as written.

April 25, 2023 City of Guadalupe Council Meeting Minutes Page 8 of 12 Ms. Gonzales gave a brief overview of the process involved with writing the Resilience-Guadalupe Plan. The City of Guadalupe was awarded a planning grant from the State Community Development Block Grant (CDBG) program for the Le Roy Park renovation. Los Amigos de Guadalupe (LADG), which was called Rural Community Development Corporation of California (RCDDC) at the time, was awarded a contract with the City on October 9, 2018, to administer this grant which included a requirement for the preparation of the Resilience-Guadalupe Plan.

The work on Guadalupe’s Resiliency Plan began in early 2019, with an introductory presentation to the City Council on February 26th. Over 30+ meetings, in both English and Spanish, were held with well over 200 participants, as part of the planning process, including students from McKenzie Intermediate School, teachers, city staff, council members, numerous service organizations and community members. The formal Resilience-Guadalupe effort was put on hold with the onset of COVID-19 in March 2020. The extensive community participation part of this process was completed in 2021.

The plan was placed on the “back burner” for a lengthy time due to COVID-19 and staffing changes within LADG. The draft was formalized and released for public comment on February 10, 2023. The draft plan was publicized through various venues with no comments received at the close of the comment period on March 10, 2023.

Due to the length of time to complete the plan, some recommendations have already been implemented. Members had asked for better parks – Le Roy Park & Community Center has been renovated and a $5M award was received to renovate Central Park. In addition, LADG facilitated meetings with both the City, business leaders and local non-profit organizations which led to the incorporation of the Guadalupe Business Association (GBA).

The plan has the potential to generate funds with the data and findings which can be a valuable reference document for grant writing for both the City and community organizations. Mayor Julian commented, “If anyone is a grant writer, this report has so much data. This really sets the tone for where we want to go.” CM Lizalde said, “It’s good to see everything in one package.” The mayor also asked, “Will this be out in booklet form?” Ms. Gonzales said that it would be.

Ms. Alejandra Mahoney, Executive Director of LADG, added, “So much credit needs to go to Tiffany Gonzales. She really did the work to have the final product completed.” Ms. Gonzales gave compliments back to Ms. Mahoney for her part in the process. Ms. Mahoney also said, “The CDBG reps want to see Guadalupe success with the potential it has. They helped push us.” Mayor Julian then said, “To echo what’s been said, you were given fish line that was all tangled up.

You were able to untangle everything and came up with a final product. Thank you.” As an aside, the mayor mentioned that Tiffany Gonzales came from CHC.

Motion was made by Council Member Robles and seconded by Council Member Lizalde. Roll Call:

Ayes: 5 Nos: 0 5-0 Motion passed.

10. City Hall Parking Restrictions.

Written report: Philip F. Sinco, City Attorney
April 25, 2023 City of Guadalupe Council Meeting Minutes Page 9 of 12 Recommendation: That the City Council:

1. Introduce on the first reading, and continue to its meeting of May 9, 2023, for second reading and adoption, Ordinance No. 2023-510 amending Chapter 10.24 of the Guadalupe Municipal Code to restrict designated twelve (12) parking spaces on the east side of Obispo Street between Ninth and Tenth Streets for the use of City of Guadalupe employees and to create 10-minute limited public parking; and

2. Adopt Resolution No. 2023-31 to establish preferential permit parking for City of Guadalupe employees for these twelve (12) designated parking spaces on the east side of Obispo Street between Ninth and Tenth Streets.

City Attorney Sinco started the discussion saying, “A traffic plan that Chief Cash negotiated with the School District was implemented in January 2023. There was a decision to move forward with a parking plan for anticipated issues relating to parking on Obispo Street in front of City Hall. The plan would involve parking permits for employees to park in preferential parking spaces. The Guadalupe Municipal Code does not have a provision for permit parking. The resolution and ordinance tonight, if approved, would allow the City Council to establish permit parking, as well as have designated limited time parking spaces.” At this time, City Attorney Sinco turned the discussion over to Chief Cash.

Chief Cash said, “The school has a large number of students, faculty and staff. There are community members who do business here at City Hall. There’s no off-site parking for our employees. We’re looking to assist our employees and those who do business here and other spaces, too.” CM Costa said, “Stay off of 9th Street. For the morning session, 10th Street is closed off.” Chief Cash added, “The morning is where there’s a clash between students, faculty and staff. Also, for timed parking, it should be between 7:00 a.m. and 5:00 p.m. There are twelve spaces for City employees, 10-minute parking and eight (8) open spaces.”
CM Lizalde questioned the layout and the noted “20-minute parking”. City Attorney said that the sign on the layout is wrong…it should be 10-minute parking.

At this point, Mayor Julian mentioned that Shirley Boydstun had sent in an email on this item and asked City Attorney Sinco to read it. The email read as follows: “After reading the proposals for parking site and length of parking times, I support having 20-minute parking. Just getting to the Finance Department (one person at a time, please) can take most of the 20 minutes allowed. And to meet with administration or other departments, the same comment applies. And where do contractors and applicants for permits, etc. park for surely more than 20 minutes? I urge Council to give this thorough thought before placing signs and lettering.” Signed, Shirley Boydstun, Guadalupe City Attorney Sinco said that the limited time parking could be changed from 10 minutes to any other time that the Council agreed to. There was some discussion to look at possibly changing to 20 minutes. City Attorney Sinco offered that that Chief Cash probably would not cite anyone if they went over 10 minutes.

CM Costa, Jr. suggested looking at installing parking meters in front of City Hall. City Attorney Sinco said, “We have the authority in the code to do so.” Mayor Julian then asked, “How many vehicles April 25, 2023 City of Guadalupe Council Meeting Minutes Page 10 of 12 do with have with Recreation and Public Works?” Ms. Sweeney said, “Seven.” The mayor then asked if there was a meeting at City Hall for employees driving those vehicles, where would they park?” The response was that those vehicles would be probably park across the street or in front of City Hall …or wherever there were open spaces.

Chief Cash said, “We had teachers parking in front of City Hall and our employees had to park blocks away. I’ve told the school district that it is not the City’s responsibility to provide parking for school staff and faculty.” Mayor Julian said, “Mary Buren School…40 years old…more classrooms will be coming. All schools have the same problem with expansion.” Chief Cash added, “There would be 12 spots for employees who don’t represent Public Works. Those employees park their cars in the City yard.”
Back to the subject of parking meters, Ms. Sweeney said, “I looked this up quickly…a parking meter is anywhere between $200-$550 each. In a large city like Los Angeles, there is an entire staff that handles parking meters. There are meter technicians, meter maids, etc. There’s also a cost associated with administering a meter program. It’s not as cost effective for non-urban areas.” Chief Cash said, “Front parking lot is closed. The biggest issue is with parents dropping off their kids and faculty needing parking. Parents had agreement to use the parking lot at the Catholic church on11th Street.”
CM Lizalde commented, “This issue and potential resolution has to be collaborative with the School District. They’re expanding so much, and parking is needed. We need to discuss this issue with the School District. The school year is almost over, but this issue shouldn’t go past the Fall when school’s back in session.” Mayor Julian then asked, “Is the proposed employee parking enough? Where do people park if a large meeting is held at City Hall?”
CM Robles asked, “Is the School District encouraging use of buses? The School District is impacted.

Use of bus service should be pushed.” CM Hernandez said, “There are only two (2) buses now.” CM Costa, Jr. added, “There are two (2) routes every morning. In the afternoon, it’s limited on who can ride…limited stops.” CM Robles said that there’s major traffic with parents wanting to drop off younger kids.

CM Lizalde asked, “Has the parking lot closure helped or pushed out the problem to the front of City Hall?” Chief Cash responded, “Everyone has different measurements. Mine is injuries. Is this safer than before? Yes. Is it inconvenient? We’re just moving the problem around. Parking on 11th Street is dangerous with farm workers traffic in the mornings.” CM Hernandez added, “It’s more disturbing now. The traffic staff, crossing guards……kids are just running in front of cars.” CM Costa, Jr. said that with the blocked off area in the morning, everyone wants to just go through.

Mr. Bodem asked if the green grass area can be converted into a parking lot. CM Lizalde said, “We’re getting into an area where we don’t have any control. The School District has to take control of this issue.” CM Costa, Jr. said, “If we go with 20-minute parking, specified employee parking and open parking to conduct business, okay…but we’ll still have school faculty parking in front of City Hall.” April 25, 2023 City of Guadalupe Council Meeting Minutes Page 11 of 12 CM Robles questioned, “Would it be valuable to have a joint meeting with the School District to discuss this issue?” Chief Cash said, “CMs Hernandez and Lizalde are part of a meeting with the School District, School Board and the Housing Authority.” Ms. Sweeney then said, “Request for bids went out for the City Facility Master Plan. Notice of Award will be on for the May 9th council meeting. There will be short-term and long-term purposes. We will be able to talk about the use of facilities and parking will be in that. The final document is targeted for November 2023.” The mayor said that this seems premature now.

CM Robles thanked public works for the safety striping on Obispo Street and West Main Street.

Mr. Bodem asked, “Are we okay with the proposal now? If we have to change after the Facilities Master Plan, we can make staff happy.” City Attorney Sinco said, “The plan is approved for 20- minute parking. We can nix 10-minute parking but change language to 20-minute parking for hours as stated in the approved resolution by City Council. We can bring back to the next meeting.” Motion was made by Council Member Costa, Jr. and seconded by Council Member Lizalde to continue this item at the next City Council meeting. 5-0 Motion passed.

11. FUTURE AGENDA ITEMS
Mayor Julian: “State of the City” Report – sometime in July City Attorney Sinco: Review Local Emergency every 60 days. This was last done in March – schedule for May 9th meeting. (Item may be rescinded.)
Shannon Sweeney: Notice of Award - Facilities Master Plan – schedule for May 9th meeting.

12. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS
Mayor Julian – SBCAG: Signalization at Black Road & Hwy 166 should be finished by August. Cost will be between $1.2M - $2M.

There will be a meeting on Wednesday, May 3rd at 3:30 p.m. with SBCAG staff and Cal Trans staff.

The mayor asked how many council members could attend. City Attorney Sinco said, “Can’t have more than two (2).” The mayor said he’d like a public meeting which would then require the meeting to be noticed. There was much discussion between the Council and staff whether this should be a public meeting or limit attendance. Ms. Sweeney said, “That wasn’t the intent of the meeting. It is intended to get into details of existing projects. We can have one meeting to ‘get into the weeds’ and then where does that bring things in terms of direction? I’m concerned about productivity of getting direction that we may not get with a public meeting.” Mayor Julian said, “We will work on technical things with Cal Trans and staff.” Mayor Julian and CM Hernandez to attend this meeting.

CM Robles – Thank you for the Viva el Arte concert on April 15th. It was a really good concert.

April 25, 2023 City of Guadalupe Council Meeting Minutes Page 12 of 12 CM Lizalde – Thank you to Hannah and Parks & Recreation for all the upcoming events. They’re all positive activities.

13. ADJOURNMENT TO CLOSED SESSION MEETING
Item to be discussed in closed session: Conference with Legal Counsel – Existing Litigation. The second item, Conference with Labor Negotiators, was canceled.

Motion was made by Council Member Costa, Jr. and seconded by Council Member Lizalde to adjourn the meeting to closed session. 5-0 Motion passed. Meeting was adjourned to closed session at 7:43 p.m.

CLOSED SESSION

14. Conference with Labor Negotiators
(Subdivision (a) of Gov. Code Section 54957.6)
Agency designated representatives: City Administrator and Human Resources Manager Employee organizations: Service Employees International Union (SEIU), Local 620 and Guadalupe Police Officers Association (POA)

15. Conference with Legal Counsel – Existing Litigation Subdivision (d) (1) of Government Code Section 54956.9
Name of case: City of Guadalupe v. Guadalupe Post #371 of the American Legion, Santa Barbara Superior Court Case No. 22CV042488

16. ADJOURNMENT TO OPEN SESSION MEETING
Motion was made by Council Member Costa, Jr. and seconded by Council Member Hernandez to adjourn to open session. 5-0 Motion passed. Meeting adjourned to open session at 8:34 p.m.

17. CLOSED SESSION ANNOUNCEMENTS
“No reportable action.”

18. ADJOURNMENT
Motion was made by Council Member Costa, Jr. and seconded by Council Member Hernandez to adjourn the meeting. 5-0 Motion passed. Meeting was adjourned at 8:35 p.m.

Prepared by: Approved by:
_____________________________________ _____________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor

Agenda Item No. 7D

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of May 9, 2023

________________________________ __________________________________ Prepared by: Approved by:

Michael Cash, Director of Public Safety Todd Bodem, City Administrator SUBJECT: Accept the April 2023 City of Guadalupe Pioneer Street Flooding Incident After-Action Report
RECOMMENDATION:

It is recommended that the City Council accept the April 2023 City of Guadalupe Pioneer Street Flooding Incident After-Action Report.

BACKGROUND:

On January 9, 2023, the City of Guadalupe experienced a major flooding incident due to severe weather and rainfall in the 800 block of Pioneer Street. Residents were evacuated, an emergency shelter was established at City Hall, and mutual aid was requested. No injuries were sustained from the incident and several local, state, and federal agencies arrived or were called upon to assist displaced residents.

Several city locations sustained damage that was later assessed, documented, and submitted to F.E.M.A. (Federal Emergency Management Agency) for financial reimbursement. This is an ongoing evaluation.

DISCUSSION:

City staff is asking that the City Council accept the April 2023 City of Guadalupe Pioneer Street Flooding Incident After-Action Report.

Accepting the after-action report will provide a historical narrative of what happened, the city’s emergency response, and subsequently, the city’s recovery process after the incident.

FISCAL IMPACT:

None.

ATTACHMENTS:

1. April 2023 Pioneer Street Flooding Incident After-Action Report Michael Cash

CITY OF GUADALUPE

CITY OPERATIONAL ASSESSMENT

AFTER-ACTION REPORT

PIONEER STREET FLOODING INCIDENT
01/09/2023
Prepared by:

Michael Cash
Chief of Police / Director of Public Safety
ATTACHMENT 1
2 TABLE OF CONTENTS
Summary 2
Overview 5
Goal 5
Objectives 5
Emergency Preparedness 6
Recommendations 6
Departments Reports
Attachments
3 SUMMARY
From an overall City response to the “Pioneer Street Flooding Incident,” the operation was completed without serious injury or death to residents or city first responders. Resources and equipment, although limited, were in place and utilized to protect the lives and property of residents. The only affected area of the city with potential for loss of life due to the severe weather and flooding was in the eight hundred block of Pioneer Street. A timely response by public safety staff and volunteers assisted with the complete evacuation of residents from the neighborhood. An overnight emergency shelter was established in the city hall auditorium for 25 of 50 displaced men, women, and children. The city hall auditorium offered limited resources, no food, one shower, no dry or warm clothing, no blankets, limited drinking water, and lack of security was inadequate for a shelter facility to house individuals and families for a long duration period of time without proper and necessary amenities.

City staff attempted to find other emergency sheltering in the area from nonprofits, Red Cross, and the Salvation Army but received no responses or was advised they were unable to help. Due to limited city staffing and without assistance from nonprofit organizations, it was decided to find safe shelter for the displaced residents. While investigating the scene near the flooded area, city staff met with Steve Simoulis, Operating Manager at the apartment complex located at 864 Pioneer Street owned and operated by Pioneer Street Apartments, North LLC.

The Apartments are used to house nonimmigrant agricultural workers allowed to live and work in the United States pursuant to the “H2A” visa program. City staff informed Mr. Simoulis about the displaced residents and asked him if there were any vacancies as the H2A workers do not occupy the apartments all year round. Mr. Simoulis informed city staff that there was room availability.

Mr. Simoulis proposed certain terms for an agreement to temporarily house the displaced residents, including a deposit in advance. City staff believed that temporarily housing the displaced residents at the apartments was the best option available to the city at the time, and therefore, city staff, Chief Cash subsequently met with the Interim Director of Finance, Robert Perrault and informed him about the plan to temporarily house the displaced residents. During the afternoon on January 10th, Chief Cash requested and was issued a handwritten check as a deposit for the purpose of temporarily sheltering the residents. Mr. Perrault complied (with the approval of the City Administrator, Todd Bodem, who was traveling back to the City of Guadalupe at the time having been unable to complete the journey the previous day due to the closing of Highway 101). Mr. Perrault wrote a check in the amount of $7,000 which was subsequently provided to Mr. Simoulis.

After 4:30 p.m., on January 10, 2023, Mayor Julian signed an agreement (entitled “Emergency Occupancy Agreement”) to provide temporary housing at the apartments for city residents whose homes were affected by flooding. Mr. Simoulis had prepared the agreement. The agreement is attached hereto as Attachment 1.

The agreement provided that eleven (11) units would be rented to the City at the rate of $220 per day beginning on January 10, 2023, through January 31, 2023, to house displaced residents “on 4 an emergency basis to accommodate federal and state declarations of emergency due to recent weather/flooding, and pursuant to “City’s Policy Power for Preservation of Public Health and Safety”. The agreement provides that it could be terminated by the city at any time, but it requires 10 days’ notice. The total cost to the City for the entire three (3) week period is in the agreement as $52,340.

On Tuesday, January 24, 2023, the Guadalupe City Council adopted Resolution No. 2023-07 finding that the expenditure of public funds for temporary lodging of City residents displaced due to flooding during a local emergency serves a public purpose and confirmed ratification of an emergency occupancy agreement as revised at the City Council meeting on January 17, 2023

Recovery Operations
Recovery operations began the day after the disaster. These are ongoing operations that are outside the scope of city responsibilities. Numerous citizens, organizations, not-for-profit agencies, and many more played an important role to support the families affected by the flooding. Food, clothing, housing, and different items were donated and distributed to help. This was the real backbone of the entire operation that has supported all the displaced and affected families.

LeRoy Park
LeRoy Park had to remove excessive amounts of mud and sand from the parking lot and playground area. The playground area wood chips were replaced and a fence line that had been broken was repaired. At this time, the total cost of repairs is $65,201.05.

Streets - Wastewater Treatment Facility
Cost associated with contractual services to provide street cleaning, transportation, and solid waste services.

The wastewater treatment facility sustained operational issues that need repair. The damage cost was submitted to our insurance company for payment and any reimbursement.

Volunteers
Mayor Ariston Julian directed the volunteer groups. Several agencies banded together and supported the displaced families with food, clothing, essentials, and temporary housing. Several organizations continue to assist in placing families in permanent housing.

The City of Guadalupe is extremely proud of all its employees, volunteers, and members of our allied agencies who demonstrated their commitment to the city’s vision, values, and mission by providing the highest quality service, response to community needs, and assistance that were fair, unbiased, judicious, and respectful of the dignity of all individuals.

Every member and agency who responded and worked this critical disaster deserves full credit 5 for the amount of praise that was received. All who provided humanitarian aid and services to those displaced are to be commended for their effort and dedication in support of the city’s responsibilities to its citizens. Their commitment and professionalism were instrumental in maintaining not only the day-to-day operations of the city but rendering aid to those negatively affected by the disaster.

OVERVIEW
All city personnel were on alert to changing weather conditions and the heavy rain. Different departments monitored the city for flash points and past known locations of flooding, 800 Pioneer Street. As heavy rain fall continued to cover the city, the Santa Maria River water level rose. River water runoff from an adjacent Santa Barbara County property, flowed to Pioneer Street causing the area to flood and threaten homes and property. As the Pioneer Flooding incident began to threaten the community of Guadalupe and impact city operations, city staff began to evaluate our preparedness and to determine which agencies should be involved with our response. We began to determine what resources and outside agencies could provide to the overall response plan. We also determined which other type of incidents could potentially occur.

Once the agencies and incident types were determined, specific responsibilities were established.

Response protocols included the following types of incidents: Flooding, Loss of Property, Loss of Life, Quality of Life / Health Incidents, Civil Disorder, Fires, Hazardous Materials Incidents, Phone Outages, Evacuations, Emergency Shelter Center, and Power Outages.

The City Administrator, Todd Bodem, convened all city department heads to discuss the situation and develop a unified response. All directors, managers, and the City Attorney were present to participate. Each department assessed their area of responsibility and submitted an After-Action Report to describe damages, service disruptions, utilization of personnel, resources, successes, concerns, and recommendations.

GOAL
Our priority and goals are to provide outstanding customer service, life sustaining care, and expertise to our community members.

OBJECTIVES
To coordinate with other agencies, both public and private, in the overall response, delivery of services, and recovery from any critical incident and/or disaster. • Life Safety
• Incident Stabilization
• Property Preservation
6 • Life Sustaining Care and Treatment
• Emergency Services Response
• Mutual Aid Activation

EMERGENCY PREPAREDNESS

MITIGATION
The actions taken to prevent or reduce the cause, impact, and consequences of disasters Prior to the storm, Public Works cleared and maintained street drainage systems to enable proper flowing of water.

PREPAREDNESS
The planning, training, and educational activities for events that cannot be mitigated.

The Red Cross Emergency Supply Trailer was stationed at City Hall for emergency situations.

RESPONSE
The actions taken in the immediate aftermath of a disaster. Business and other operations do not function normally and attention is given to public safety and the community’s well- being. The duration of the response depends on the level of preparedness.

First Responders were trained, prepared, and responded to the situation. Mutual Aid was activated and assistance from neighboring agencies responded.

RECOVERY
The recovery period starts at the beginning of the disaster and can be prolonged.

Civilians and non-profit agencies responded to provide temporary housing, clothing, food and additional assistance.

RECOMMENDATIONS
• Emergency staff should review the roles and responsibilities of team members including Council and staff with potential participants in the emergency service delivery system.

This should occur at least once a year.
• We would also recommend developing and implementing one training event per year. • Develop an adequate volunteer team to be available and assist with disaster relief services.
• Ensure that key staff members have a designated number 2 in their department to act on their behalf in the event the key staff member is out of town or unable to respond to an incident.
• Department Heads and Key Stakeholders/Elected needed to meet to collectively 7 development more informed decision.
• Should your department’s responsibilities be assigned to another department? No • Should additional committees be created? No.
• More bulldozer action to build up the berm on the south side of the riverbank. This was an unusual occurrence and will not take place again for years. • Provide annual or quarterly Emergency Preparedness and EOC training to City personnel. • Training of City personnel on “No power, No internet” scenario. • Training focused more on natural disasters incidents instead of Active Shooter. • Do group target messaging instead of all hands messaging. • Have more user access for emergency alert system activation. • A safety committee be created in preparation for the next emergency shutdown due to natural disaster events.
• Emergency Action Plans for facilities should be a shared project with the public safety department.
• Provide annual or quarterly Emergency Preparedness and EOC training to city personnel. • Need to pre-designate city staging areas for evacuees for less confusion and correct placement of resources and people.
• Children and families separated for safety and security from the general population. • Ensure seniors and people with special needs have secure locations to ensure life preserving equipment needs are met.
• Ensure mental health and high-risk patients are placed away from the general population. • Conduct C.E.R.T. (Citizen Emergency Response Training) to community members. • Pre-Staging of emergency supplies, water, food for planned and unplanned disasters

DEPARTMENT REPORTS
Administration
Building and Permits
Public Works
Public Safety / EOC
Human Resources
Finance
Recreation and Parks

ATTACHMENTS
A Proclamation of Local Emergency for City of Guadalupe B Proclamation of Local Emergency by Santa Barbara County 8 C Staff Report – Ratification of Agreement for Funds Expenditure D Resolution NO. 2023-07 – Expenditure of Public Funds for Temporary Lodging E City of Guadalupe Request for Check - $7,000 for Temporary Housing Down Payment E F.E.M.A. Request – Reimbursement for Non-Congregate Sheltering F County of Santa Barbara – Building Inspector - Building and Mold Inspection Reports G Storm Damage Clean Up Photos
H Pioneer Street Damage Assessment Report – Flooding Incident, December 2010 I Pioneers Street – Site Assessment Photos – January 6-11, 2010 I Pioneer Street Occupant Apartment Agreement
J Pioneer Street Contributors and Support List
K Emergency Operations Center – Contact List
L Flooding Displaced Family Temporary Apartment Housing List Administration Department:

Tel (805) 356.3891 Fax (805) 343.5512 918 Obispo Street P.O. Box 908, Guadalupe CA 93434 Date: February 15, 2023
To: Michael Cash, Public Safety Director
From: Todd Bodem, City Administrator and Juana Escobar, Administrative Assistant
Subject; After Action Report - 1-09- 2023 Storm Event, Administrative Department
Overview of Responsibilities
The primary responsibility of the Administration Department during this event was to work collaboratively with members of the Emergency Operations team to declare the storm event as a “declaration of emergency” and to ensure that adequate financial resources were made available and establish communication to the Mayor and City Council Members ensuring proper administration of council proceedings and that meetings were properly established.

Note: Some of this narrative mimics what other departments have expressed.

Methodology
The methodology used was to work at the direction of the Emergency Services Administrator and the Emergency Services Director and Managers to review and analyze emergency requests for resources and proper city council meetings and proceedings were adequate to meet the administrative and legal requirements for policy decisions at city council meetings responses to said requests were provided in a timely manner. Also, to ensure the administration department works in concert with local, county, regional, state, and federal agencies.

City of Guadalupe
Administration Department
918 Obispo Street
P.O. Box 908
Guadalupe, CA 93434
Administration Department:

Tel (805) 356.3891 Fax (805) 343.5512 918 Obispo Street P.O. Box 908, Guadalupe CA 93434 Utilization of Personnel and Resources
During the period of the event all Department Staff members utilized include:
• The City Administrator
• Administrative Assistant
Successes/ Concerns
• Management team worked well together.
• Once established, the daily communication was sufficient to keep all emergency team members up to date on key events.
• Public safety members did an excellent job in responding to the challenges placed rapidly in front of them.
• City ‘s key infrastructure performed well.
• Although this event was somewhat limited in scope (localized flooding and debris accumulation) it is easy to see that an event of a larger nature or for a more extended period of time could have overwhelmed the municipal service delivery system.
• It is essential that stronger avenues of communication between the City and the County EOC be established during region-wide emergency events. • Communication to the City Administrator on Cost allocation for temporary housing needed to be clearer. A ratification of the housing agreement was then acted upon at the next City Council meeting.

Recommendations
• Emergency staff should review the rolls and responsibilities of team members including Council and staff with potential participants in the emergency service delivery system. This should occur at least once a year. • We would also recommend developing and implementing one training event per year.
• Develop an adequate volunteer team to be available and assists with disaster relief services.
• Ensure that key staff members have a designated number 2 in their department to act on their behalf in the event the key staff member is out of town or unable to respond to an incident.

Administration Department:

Tel (805) 356.3891 Fax (805) 343.5512 918 Obispo Street P.O. Box 908, Guadalupe CA 93434 • Department Heads and Key Stakeholders/Elected needed to meet to collectively development more informed decision.

City of Guadalupe
Building and Permits Department
918 Obispo Street
Guadalupe, CA 93434

MEMORANDUM
DATE: February 23, 2023
TO: Michael Cash, Chief of Police / Director of Public Safety FROM: David Rose, Contract Building Inspector
SUBJECT: Pioneer Street Flooding Incident – 01-09-2023 – After-Action Report – Building Inspector

Overview Of Responsibilities
What was your responsible for doing?
My basic function was to post the appropriate placard for each individual structure. The placards are colored the respective colors: green, yellow, red.

Did you cover all your roles and responsibilities?
Yes, all structures had some sort of flood damage but no real structural damage such as structures pushed off the foundations, trees into or leaning onto the structures.

Methodology
Describe your plan of action.

What did you do to meet your responsibilities?
Make accurate and rapid determination with or without owners and or renters on site.

Utilization of Personnel and Resources
What personnel did you use and what did they do? (No names just numbers and deployment) Basic assist from fire dept and 1 building inspector from Santa Barbara County Building Inspectors.

How did you use and/or manage your personnel?
I made the determination for the accurate description of the appropriate colored placard, they taped/stapled to front of the structures.

What resources did you use?
Staple gun, duct tape.

How did you use and/or manage your resources?
I used the staple gun and tape to post the placards in the most obvious and conspicuous locations.

Were there any costs associated with your resources?
No. I have lots of tape and staples.

Were other city departments’ or outside agencies’ assistance needed? Not needed but one (1) Santa Barbara County Building Inspector did show to help. Not certain who asked this person to come to the City Of Guadalupe.

Successes/Concerns
Describe your successes.

Fortunately for the people who were impacted there was migrant housing available for short time occupancy directly across the street they could move into in rapid fashion.

Describe any concerns your department encountered.

Too many people asking the same questions almost simultaneously. I did not mind; however, I can only be the messenger when bad news has to be repeated over and over again.

How did or will you solve them? (Describe)
Most of the damage repairs are underway, mold reports however are lagging.

Recommendations
Should your department’s responsibilities be assigned to another department? No Should additional committees be created? No.

Recommendations, if any, for the future.

More bulldozer action to build up the berm on the south side of the riverbank. This was an unusual occurrence and probably will not take place again for some years.

City of Guadalupe
Public WorksDepartment
918 Obispo Street
Guadalupe, CA 93434

MEMORANDUM
DATE: February 13, 2023
TO: Guadalupe City Council
FROM: Shannon Sweeney / Director of Public Works, City Engineer SUBJECT: Guadalupe Flooding Incident – 01-09-2023 – EOC After-Action Report Overview of Responsibilities
What was your responsibility for doing?
Public Works was responsible for ensuring proper functionality of the City’s storm drain system, municipal water supply, and wastewater treatment system during the rain event and aiding with infrastructure needs after the flooding that occurred on Pioneer Street. This involved procuring contractors for handling street clearing, solid waste service, and transportation, and after-hours staff assistance as requested.

Did you cover all your roles and responsibilities?
City operations staff maintained functionality of the storm drain system within the City’s jurisdiction throughout the rain event. The City experienced no failures of its own storm water system. Flooding issues occurred due to events outside the City’s jurisdiction and control. The municipal water supply functionality was maintained throughout the event. The City experienced no release of raw sewage and treatment plant functionality was maintained throughout the event. City staff addressed a berm failure between the wastewater treatment plant effluent holding ponds and the river with internal staff. Once the storm had passed, City maintenance staff assisted Public Safety when requested by procuring contractors to meet transportation, solid waste, and street clearing needs.

Methodology
Describe your plan of action.

Department of Public Works personnel were on alert to changing weather conditions and the potential for heavy rain. Prior to the event, several proactive actions were taken, including clearing all storm drain inlets, fueling, and testing all generators and vehicles, and staging a portable generator at a critical lift station. River water runoff from an adjacent Santa Barbara County property flowed to Pioneer Street causing the area to flood and threaten homes and property. Once the area began to flood, wastewater operations staff received an alarm from 2 Public Safety Department:

Tel (805) 343.2112 Fax (805) 343.1965 4490 10 Street, Guadalupe CA 93434 the Pioneer Lift Station and staff went out to the site to monitor conditions. That operator continued to monitor wastewater collections system and wastewater treatment conditions throughout the night and observed no issues. Once daylight came, the operator observed a breach in the effluent holding ponds at the wastewater treatment plant and informed the Director of Public Works. The Director then called State OES and the Regional Water Quality Control Board. The berm breach caused treated but undisinfected wastewater and river water to comingle. Santa Barbara County Department of Health was notified for information determine the need for beach closure. The protocols included the following types of incidents: Flooding, Loss of Property, Loss of Life, Quality of Life / Health Incidents. Due to the anticipated low impact of the breach related to these protocols in comparison to issues being experienced elsewhere throughout the state, staff continue to monitor the situation but did not request outside help. Samples were collected both upstream and downstream of the breach to assess health impact.

What did you do to meet your responsibilities?
Staff were well versed on their roles to maintain City water, sewer, and storm water services during and after the event. Public Works assisted Public Safety at their request to provide resources as needed.

Utilization of Personnel and Resources
What personnel did you use and what did they do? (No names just numbers and deployment) The following groups participated in the Guadalupe Flooding Incident:

Guadalupe Department of Public Works – Water, Wastewater, Streets Guadalupe Finance Department – Emergency Funding
Guadalupe City Administration – Emergency Declaration, Emergency Funding Guadalupe City Attorney – Emergency Declaration
Contractors – Street clearing, solid waste handling, transportation What resources did you use?
City staff used resources procured in advance of the emergency in anticipation of such an event, including a backhoe, portable and fixed generators, and system monitoring equipment to alert staff of potential issues.

How did you use and/or manage your personnel?
Streets staff was available throughout the rain event to address any flooding issues associated with the City’s internal storm drain system, and water and wastewater operators worked to maintain functionality of the water and sewer systems throughout the event. The Director of Public Works redirected Public Works staff as needed to address requests from other departments and to procure outside contractual assistance for infrastructure needs.

Were there any costs associated with your resources?
There are costs associated with the contractual services called in to provide street clearing, transportation, and solid waste services.
3 Public Safety Department:

Tel (805) 343.2112 Fax (805) 343.1965 4490 10 Street, Guadalupe CA 93434 Successes/Concerns
Describe your successes.

The pre-established/pre-existing relationships among City personnel and local and state agencies led to an easy development of responsibilities and response protocols, i.e., regulatory agencies, County, and state emergency services centers.

Prior training of City Public Works staff on expectations assisted in maintaining critical infrastructure operation throughout the event.

Pre-planning and pre-staging of personnel and supplies assisted in responding to and addressing the incident.

Internal cooperation and communication among all City departments, City personnel, and volunteers was outstanding.

Senior political and City leadership allowed Public Works to function without interference.

Relationships with local vendors facilitated the deployment of contractual services as needed immediately after the flooding event.

Proactive code enforcement, capital projects, and installation of monitoring equipment insured the containment of raw sewage, allowing Public Safety staff to maintain their focus on the needs of the residents impacted by the flooding on Pioneer Street.

Describe any concerns you encountered.

EOC and EOC personnel were not pre-identified, trained, and activated.

Lack of pre-designated emergency announcement scripts
Outdated / incomplete City employee call back list.

Lacking Public Safety Alert system with City personnel and resident participation Emergency funding levels and protocols need to be preapproved and distributed.

EOC Policy Group was not pre-identified, trained, and activated.

How did or will you solve them? (Describe)
Update employee phone rosters and ensure City personnel are included on emergency alert system.

Develop training for City personnel regarding EOC positions and operations.

Develop and distribute City Council approved emergency funding levels and protocols. 4 Public Safety Department:

Tel (805) 343.2112 Fax (805) 343.1965 4490 10 Street, Guadalupe CA 93434 Developing pre-designated emergency alert scrips for fast, accurate and concise dissemination.

Recommendations
• Provide annual or quarterly Emergency Preparedness and EOC training to City personnel. • Training of City personnel on “No power, No internet” scenario. • Training more focused on natural disasters incidents instead of Active Shooter. • Do group target messaging instead of all hands messaging. • Have more user access for emergency alert system activation.

Finance Department:

Tel (805) 356.3895 Fax (805) 343.0542 918 Obispo Street P.O. Box 908, Guadalupe CA 93434 Date: February 13, 2023
To: Michael Cash, Chief of Police / Director of Public Safety From: Bob Perrault / Janice Davis- Interim and Permanent Finance Director Subject; After Action Report - 1-09- 2023 Storm Event, Finance Department Overview of Responsibilities
The primary responsibility of the Finance Department during this event was to work collaboratively with members of the Emergency Operations team to ensure that adequate financial resources were made available to those providing emergency services to the City and the Community. It was also our responsibility to ensure the City’s procurement and acquisition policies were adhered with to the greatest extent possible given the nature of the event.

Methodology
The methodology used was to work at the direction of the Emergency Services Administrator and the Emergency Services Director and Managers to review and analyze emergency requests for resources and to make sure adequate responses to said requests were provided in a timely manner.

Utilization of Personnel and Resources
During the period of the event all Department Staff members utilized include:
• The Interim Finance Director
• The Business Manager
City of Guadalupe
Finance Department
918 Obispo Street
P.O. Box 908
Guadalupe, CA 93434
Finance Department:

Tel (805) 356.3895 Fax (805) 343.0542 918 Obispo Street P.O. Box 908, Guadalupe CA 93434 • Account Clerk, Utilities
• Account Clerk, Accounts Payable
Successes/ Concerns
• Management team worked well together.
• Once established, the daily communication was sufficient to keep all emergency team members up to date on key events.
• Public safety members did an excellent job in responding to the challenges placed rapidly in front of them.
• City ‘s key infrastructure performed well.
• Although this event was somewhat limited in scope (localized flooding and debris accumulation) it is easy to see that an event of a larger nature or for a more extended period of time could have overwhelmed the municipal service delivery system.
• It is essential that stronger avenues of communication between the City and the County EOC be established during region-wide emergency events.

Recommendations
• Emergency staff should review the rolls and responsibilities of team members including Council and staff with potential participants in the emergency service delivery system. This should occur at least once a year. • I would also recommend developing and implementing one training event per year.
• Develop an adequate volunteer team to be available and assists with disaster relief services.
• Ensure that key staff members have a designated number 2 in their Department to act on their behalf in the event the key staff member is out of town or unable to respond to an incident.

CITY OF GUADALUPE

MEMORANDUM
DATE: 2/13/23
TO: Michael Cash, Chief of Police / Director of Public Safety FROM: Teg Butler / Human Resources Manager
SUBJECT: Pioneer Street Flooding Incident – 01-09-2023 - After-Action Report- Human Resources Department

Overview Of Responsibilities
Human Resources Department was not delegated any responsibilities before the incidents that occurred on 1/9/23. Gaps of delegated responsibilities were recognized during and after the incidents where HR could be more proactive and efficient in notifying staff of any work location shutdowns, and to not report into work for the day for their own safety.

Methodology
Describe your plan of action. Plan of action to have staff report to work or not was communicated by each department head to their direct reports. With not being delegated any responsibilities my plan of action was to remain online remotely, and respond timely to any staff needing direction from my department. I was not contacted for any emergency needs at any point during the incidents.

Utilization of Personnel and Resources
Human Resources Department does not have any direct reports and is only a one-person department (me).

No additional costs occurred during incidents.

Successes/Concerns
Describe your successes. Concerns from Human Resources department was not being able to effectively communicate with City of Guadalupe staff. Not having personal cell phone numbers or personal emails to inform/notify updates on if/when opening up work locations after shutdown could not be conducted.

In order to solve this, Human Resources Department has been given access to the Everbridge software system to communicate to all staff updates and important work information in a timely manner.

Recommendations
Safety committee should be created in preparation for next emergency shutdown due to natural disaster events.

City of Guadalupe
Public Safety Department
4490 10th Street
Guadalupe, CA 93434

MEMORANDUM
DATE: February 6, 2023
TO: Guadalupe City Council
FROM: Michael Cash, Chief of Police / Director of Public Safety SUBJECT: Pioneer Street Flooding Incident – 01-09-2023 – Public Safety / EOC After-Action Report

Overview of Responsibilities
What was your responsibility for doing?
Department of Public Safety was responsible for responding to and addressing critical incidents in and around the city of Guadalupe and the flooding incident in the 800 block of Pioneer Street as needed. We identified the proper resources and agencies to respond to any type of critical incident which may have occurred relating to the Pioneer Street Flooding and the operation of the city Emergency Operations Center, EOC. Additionally, Public Safety was responsible for developing protocols for multi-agency and multi-discipline responses to the city and operation of the Evacuation Center at city hall, 918 Obispo Street.

Did you cover all your roles and responsibilities?
All the responsibilities were accomplished prior to activation of the city evacuation center.

The city EOC was not activated till the next operational cycle, 01/10/2023 at 0900 hours.

Methodology
Describe your plan of action.

Department of Public Safety personnel were on alert to changing weather conditions and the heavy rain. Units monitored the city for possible flash points and past known locations of flooding, 800 Pioneer Street. As heavy rain fall continued to cover the city, the Santa Maria River water level rose. River water runoff from an adjacent Santa Barbara County property, flowed to Pioneer Street causing the area to flood and threaten homes and property. As the Pioneer Flooding incident began to threaten the community of Guadalupe and impact city operations, Public Safety began to evaluate our preparedness and to determine which agencies should be involved with our response. We began to determine what resources and outside agencies could provide to the overall response plan. We also determined which other type of incidents could potentially occur. Once the agencies and incident types were 2 Public Safety Department:

Tel (805) 343.2112 Fax (805) 343.1965 4490 10 Street, Guadalupe CA 93434 determined, responsibilities were established. The protocols included the following types of incidents: Flooding, Loss of Property, Loss of Life, Quality of Life / Health Incidents, Civil Disorder, Fires, Hazardous Materials Incidents, Phone Outages, Evacuations, Emergency Shelter Center, and Power Outages.

What did you do to meet your responsibilities?
The responsibilities were met as a result of a coordinated effort of all the agencies involved.

Existing relationships were already in place and just tailoring them to the Pioneer Street Flooding incident was all that was needed.

Utilization of Personnel and Resources
What personnel did you use and what did they do? (No names just numbers and deployment) The following agencies participated in the Pioneer Street Flooding Incident:

Guadalupe Department of Public Safety – Rescue, Evacuations, Shelter Operations Santa Maria Fire Department - Rescue, Evacuations
Santa Barbara Fire Department – Rescue, Evacuations
Guadalupe Building Department – Building Inspections
Guadalupe Department of Public Works – Shelter Operations Guadalupe Recreation Department – Shelter Operations
Guadalupe Finance Department – Emergency Funding
Guadalupe City Administration – Emergency Declaration, Emergency Funding Guadalupe City Attorney – Emergency Declaration
Volunteers – Shelter Operations

What resources did you use?
Many of the agencies such as Santa Maria Fire and Santa Barbara County Fire, provided resources and support to Department of Public Safety through evacuations and securing the perimeter of the flooding area from further incidents.

Volunteers, Police, Public Works, and Fire personnel, assisted evacuees through providing food, water and sheltering materials. These emergency supply items were pre-positioned by the American Red Cross.

Community non-profit agencies and volunteers provided care, clothing, language translations, temporary emergency housing, mental health, community clean ups, home inspections, and food to displaced residents.

How did you use and/or manage your personnel?
A contact list was established and placed in the Emergency Operations Center, which provided a 24-hour contact for each agency and a representative.

Were there any costs associated with your resources?
The costs for the services and personnel for outside agencies were borne by the respective agencies. There was minimal city employee overtime personnel cost attributed to the City of Guadalupe. City cost for Emergency Sheltering and clean up is still to be determined.

3 Public Safety Department:

Tel (805) 343.2112 Fax (805) 343.1965 4490 10 Street, Guadalupe CA 93434 Successes/Concerns
Describe your successes.

The pre-established/pre-existing relationships among city personnel and local and state agencies led to an easy development of responsibilities and response protocols, i.e., local vendors, law enforcement agencies, fire agencies, relief agencies, volunteers.

Prior training of city first responder personnel assisted in responding to and addressing the flooding incident and establishing the emergency shelter.

The Emergency Operational Plan that was developed can be generalized to be utilized for all future critical incident planning.

Continuity of Command provided ease of transition in EOC.

Ease of schedule adjustment for first responder personnel.

Pre-planning and pre-staging of personnel and supplies assisted in responding to and addressing the incident.

Internal cooperation and communication among all city departments, city personnel, and volunteers was outstanding.

Due to prior training and preparing, there were no surprises during emergency operations and EOC Operations.

Early removals of evacuees lessen calls for service, injuries, and loss of life.

Senior political and city leadership allowed Public Safety and EOC staff and personnel to function without interference.

Community non-profit agencies and volunteers provided care, clothing, language translations, temporary emergency housing, mental health, community clean ups, home inspections, and food to displaced residents.

Coordination with Santa Barbara County Office of Emergency Service and the EOC Mutual Aid activation for Santa Maria Fire and Santa Barbara County Fire response Describe any concerns you encountered.

Inadequate space and functionality of the Emergency Shelter, lack of food, showers, water, security, sustainability
EOC and EOC personnel were not pre-identified, trained, and activated.

Lack of an Emergency Preparedness Coordinator

4 Public Safety Department:

Tel (805) 343.2112 Fax (805) 343.1965 4490 10 Street, Guadalupe CA 93434 Lack of city /building generator for EOC sustainability in case of power failure Lack of pre-designated emergency announcement scripts
Outdated / incomplete city employee call back list.

Lacking Public Safety Alert system with city personnel and resident participation Emergency funding levels and protocols need to be preapproved and distributed.

Lacking working relationship with Red Cross personnel was at times strained and stressful due to lack of coordination and communication with city staff.

EOC Policy Group was not pre-identified, trained, and activated.

Lack of official volunteer and non-profit organization coordination.

Lack of training for city personnel in DSW (Disaster Service Worker) activation protocols How did or will you solve them? (Describe)
Establish and prepare a designated emergency shelter with adequate spacing, water, showers, food, supplies, security, heating, etc.

Update employee phone rosters and ensure city personnel are included on emergency alert system.

Meet with Red Cross administration to forge better working relationship.

Develop training for city personnel regarding Disaster Service Worker (DSW) policy and their role and responsibilities to the city.

Develop training for city personnel regarding EOC positions and operations.

Develop and distribute City Council approved emergency funding levels and protocols.

Developing pre-designated emergency alert scrips for fast, accurate and concise dissemination.

Develop City Council staff report for re-establishing the Emergency Preparedness Coordinator position.

Utilize City Council approved ARPA funding for generator purchase.

Establishing a volunteer and non-profit organization “call-out list” for future incidents Recommendations
• Provide annual or quarterly Emergency Preparedness and EOC training to city personnel. 5 Public Safety Department:

Tel (805) 343.2112 Fax (805) 343.1965 4490 10 Street, Guadalupe CA 93434 • Need to pre-designate city staging areas for evacuees for less confusion and correct placement of resources and people.
• Children and families separated for safety and security from general population. • Seniors and persons with special needs having secure locations to ensure life preserving equipment needs are met.
• Mental health and high-risk patients properly secured form general population. • Training of city personnel on “No power, No internet” scenario. • Training more focused on natural disasters incidents instead of Active Shooter. • Do group target messaging instead of all hands messaging. • Have more user access for emergency alert system activation. • Conduct C.E.R.T. (Citizen Emergency Response Training) to community members. • Pre-Staging of emergency supplies, water, food for planned and unplanned disasters City of Guadalupe
Recreation and Parks Department
918 Obispo Street
Guadalupe, CA 93434

MEMORANDUM
DATE: February 14, 2023
TO: Michael Cash, Chief of Police / Director of Public Safety FROM: Hannah Sanchez, Recreation Services Manager
SUBJECT: Pioneer Street Flooding Incident – 01-09-2023 - After-Action ReportRecreation and Parks Department

Overview Of Responsibilities
What was your department responsibility for doing?
The Recreation and Parks Department was responsible for ensuring that all facilities and parks remained in good working condition to ensure the safety of the public utilizing them.

Did you cover all your roles and responsibilities?
All the responsibilities were accomplished as all damages were assessed and work started being completed immediately after assessment.

Methodology
Describe your plan of action.

The Recreation and Parks Department’s plan regarding our facilities was to complete site checks at all of our facilities. The number one priority was the safety of the public, so when completing the site checks staff were asked to identify any safety hazards first. After identifying potential safety hazards, if needed the staff was advised to put out the appropriate equipment to warn the public (i.e., signs, signals, tape, barricades, cones). Once any potential safety hazards were addressed, the next step of the plan is to identify any problems that did damage to the facility or would cause the facility to be inoperable. After identifying those problems, staff should meet with the manager to determine whether those issues could be addressed by staff or by a third party. If a third party is required, staff should contact the appropriate contractor(s).

What did you do to meet your responsibilities?
The Recreation and Parks Department meet its responsibilities by ensuring first that all facilities were safe for the public. Then a list of issues to be addressed were created for any sites that sustained any damage and work was either completed by city staff or contracted out to be resolved.

Utilization of Personnel and Resources
What personnel did you use and what did they do? (No names just numbers and deployment) Maintenance staff: assessed the status of all facilities, addressed any issues, and collected/purchased/delivered supplies requested by Public Safety Department How did you use and/or manage your personnel?
Any requests not related to facilities were sent to the Facilities Manager to be delegated to maintenance staff.

What resources did you use?
The Recreation and Parks Department staff was unable to complete the work needed to be done to repair the damage from the flood. V. Lopez Jr. & Sons General Eng. Contractors, Inc. was hired to repair damages at LeRoy Park.

How did you use and/or manage your resources?
V. Lopez removed an excessive amount of mud/sand from the parking lot and playground.

After excess sand was removed from the playground, they replaced to wood chips. They also repaired the fence line that was broken.

Were there any costs associated with your resources?
The total cost of repairs made by V. Lopez was $65,201.05.

Were other city departments’ or outside agencies’ assistance needed? The Recreation and Parks Department worked in coordination with the Public Safety Department for facility use.

Successes/Concerns
Describe your successes.

As rain was forecasted for the weekend, the Recreation and Parks Department prepared by assessing the facilities ahead of time to identify foreseeable damages. Some facilities were drained of excess water collected in various areas.

Describe any concerns your department encountered.

All facilities and parks were checked and only one facility/park sustained damage due to the flooding at LeRoy Park. The damages that occurred was not something that was foreseen as the city has not received that amount of rain in many years. My concern is that we do not have plans for our facilities for these types of situations.

How did or will you solve them? (Describe)
The plan to resolve this is to create Emergency Action Plans for each of the city facilities for various possible situations.

Recommendations
Should your department’s responsibilities be assigned to another department? Emergency Action Plans for facilities should be a shared project with the public safety department.

Should additional committees be created?
Recommendations, if any, for the future
City of Guadalupe
AGENDA
Regular Meeting of the Guadalupe City Council
Special Meeting of the Successor Agency to the Guadalupe Redevelopment Agency Board
Tuesday, January 10, 2023, at 6:00 pm
City Hall, 918 Obispo Street, Council Chambers
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 Oty'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.

NOTICE OF CANCELLATION
Notice is hereby given that the meeting of the City Council and Successor Agency scheduled for January 10, 2023, has been cancelled. A special meeting is tentatively scheduled for Tuesday, January 17, 2023.
r hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall display case and website not less than 24 hours prior to the meeting. Dated this 10th day of January 2023.

Tocio! 1sovleVv1.

Todd Bodem, City Administrator
January 10, 2023 City of Guadalupe Council Meeting Agenda Page 1 of 1

Agenda Item No. 7E

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of May 9, 2023

________________________________ __________________________________ Prepared by: Approved by:

Michael Cash, Director of Public Safety Todd Bodem, City Administrator SUBJECT: Donation of Simpson Pressure Washer valued at $856.13 to the Guadalupe Police Department from the Guadalupe Hardware Company.

RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 2023-32 accepting the donation of a Simpson Pressure Washer valued at $856.13 to the Guadalupe Police Department from the Guadalupe Hardware Company.

BACKGROUND:

On April 27, 2023, the Guadalupe Hardware Company delivered a Simpson Pressure Washer valued at $856.13 to the Guadalupe Police Department.

FISCAL IMPACT:

The fiscal impact of this donation will assist the police department with the upkeep and longevity of its police vehicle fleet.

ATTACHMENTS:

1. Resolution No. 2023-32

2. Thank you Letter
Michael Cash

RESOLUTION NO. 2023-32

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA ACCEPTING THE DONATION OF A SIMPSON PRESSURE WASHER VALUED AT $856.13 TO THE GUADALUPE POLICE

DEPARTMENT FROM THE GUADALUPE HARDWARE COMPANY
WHEREAS, on April 27, 2023, the Guadalupe Hardware Company delivered a Simpson Pressure Washer valued at $856.13 to the Guadalupe Police Department; and WHEREAS, Government Code 37354 provides that the City Council may accept or reject any gift, bequest, or devise made to or for the city, or to or for any of its officers in their official capacity or in trust for any public purpose; and
WHEREAS, the fiscal impact of this donation will assist the police department with the upkeep and longevity of its police vehicle fleet.

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

SECTION 1. The City Council accepts the donation of a Simpson Pressure Washer valued at $856.13 to the Guadalupe Police Department from the Guadalupe Hardware Company.

SECTION 2. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained.

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

PASSED, APPROVED AND ADOPTED at a regular meeting held on the 9th day of May 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. 2023-32 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held May 9, 2023, and that same was approved and adopted.

ATTEST:
______________________________ ____________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
ATTACHMENT 1

APPROVED AS TO FORM:
______________________________
Philip F. Sinco, City Attorney
ATTACHMENT 2

Agenda Item No. 7F

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of May 9, 2023

_______________________________ _________________________________ Prepared by: Approved by:

Shannon Sweeney, Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: 2022 Pavement Rehabilitation Project– Notice of Completion RECOMMENDATION:

It is recommended that the City Council approve:

1. The filing of a Notice of Completion for the 2022 Pavement Rehabilitation Project and authorizing the City Clerk to file it with the County Recorder.

DISCUSSION:

The 2019 Pavement Maintenance Plan identified various streets throughout the City of Guadalupe needing rehabilitation, several of which were identified for rehabilitation in 2022, including many of the streets west of Pioneer Street and north of Chapman Drive. Plans and specifications for this project were completed in August 2022. $1.8 million was budgeted in the Fiscal Year 2022-23 budget for construction of this project.

On August 26, 2022, the City solicited a Request for Bids for the 2022 pavement rehabilitation project construction, and Request for Proposal for inspection services for this project. Both were sent to a list of potential bidders, made available on the City’s website and advertised in the Santa Maria Times. The deadline to receive bids and proposals was 2:00 p.m., September 22, 2022.

The City received three construction bids ranging from $1,401,153.05 to $1,604,995.00. The low bid, from Souza Construction, was found to be responsive and meet the City’s needs.

The City issued a contract to Souza Construction on October 11, 2022 in the amount of $1,401,153.05.

A preconstruction meeting was held on November 21, 2022. A Notice to Proceed was issued on November 28, 2022. This project was delayed numerous times due to inclement weather and one of the wettest winters on record, which was not conducive to pavement, and City staff felt it best to remain flexible with the scheduling since these items were outside of the contractor’s control.

Shannon Sweeney

A final walk-through was held on May 1, 2023. At that walk-through, a punch list of items to be addressed was developed, mostly involving cleanup. All of these items are scheduled to be completed by May 5, 2023, weather permitting to the City’s satisfaction.

FISCAL IMPACT:

During the construction project, several items generated change orders, including expansive soils at several locations, quantities different from bid amounts, unforeseen underground conditions, and the use of Petromat to reduce the total area of dig-outs. The sum of the change orders is estimated at $104,100 or 7% more than the original contract cost, well within Council’s approved 15% contingency allowance. The final cost of construction is estimated at $1,510,000. The sum of all costs on the project, including inspection, is $1.75 million, within the $1.8 million budget.

ATTACHMENTS:

1. Resolution No. 2023-33

2. Notice of Completion

RESOLUTION NO. 2023-33

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE TO AUTHORIZE THE CITY CLERK TO FILE A NOTICE OF COMPLETION WITH THE COUNTY RECORDER FOR THE 2022 PAVEMENT

REHABILITATION PROJECT
WHEREAS, the City issued a Request for Bids concerning the 2022 Pavement Rehabilitation Project on August 26, 2022, for which bids were opened on September 22, 2022; and WHEREAS, on October 11, 2022, the City Council approved a construction contract with Souza Construction for the 2022 Pavement Rehabilitation Project for $1,401,153.05; and, WHEREAS, the work has been completed to the satisfaction of City staff; and, WHEREAS, the contract was completed within the approved contingency.

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

SECTION 1. Approve filing of the Notice of Completion for the 2022 Pavement Rehabilitation Project, and authorize the City Clerk to immediately file the notice of completion with the County Recorder; and
SECTION 2. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.

PASSED, APPROVED AND ADOPTED at a regular meeting on the 9th day of May 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 C.C. Resolution No. 2023-33, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held May 9, 2023, and that same was approved and adopted.

ATTEST:
______________________________ ____________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
ATTACHMENT 1

APPROVED AS TO FORM:
______________________________
Philip Sinco, City Attorney
K
APN # N/A

NOTICE OF COMPLETION

NO TRANSFER OF PROPERTY
NOTICE IS HEREBY GIVEN PURSUANT TO CIVIL CODE SECTION 3039:

1. The undersigned is the corporate officer for the City of Guadalupe, owner of property hereinafter described.

2. The FULL NAME of owner is: City of Guadalupe

3. The FULL ADDRESS of the owner is: 918 Obispo Street, Guadalupe, CA 93434

4. The NATURE OF THE INTEREST OF THE OWNER is in fee.

5. All work of improvement on the property hereinafter described was completed on May 1, 2023.

6. The work done was the 2022 Pavement Rehabilitation Project, City Project No. 2022-02.

7. THE NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvements in the City of Guadalupe: Souza Construction

8. The property if which said work of improvement was completed is in the City of Guadalupe, County of Santa Barbara, State of California.

Dated: _________________________ ___________________________________ (Signature of Owner Name In Paragraph 2)
Todd Bodem, City Administrator

VERIFICATION
I, the undersigned, say:

I am Amelia M. Villegas, the City Clerk, declared of the foregoing Notice of Completion; I have read said Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty or perjury that the foregoing is true and correct.

Executed on the _________________________ at the City of Guadalupe, California ___________________________________, City Clerk of the City of Guadalupe (Signature) Amelia M. Villegas

RECORDING REQUEST BY
City of Guadalupe

AND WHEN RECORDED MAIL TO
Todd Bodem, City Administrator
918 Obispo Street
P.O. Box 908
Guadalupe, CA 93434
ATTACHMENT 2

Agenda Item No. 7G

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of May 9, 2023

_______________________________ _______________________________ Prepared by: Approved by:

Philip F. Sinco, City Attorney Todd Bodem, City Administrator SUBJECT: Approval of agreement with Bocarsly Emden Cowan Esmail & Arndt LLP for assistance on tax credits for the Royal Theater project
RECOMMENDATION:

That the City Council adopt Resolution No. 2023-34 approving an agreement for professional services with the law firm of Bocarsly Emden Cowan Esmail & Arndt LLP for assistance on tax credits for the Royal Theater project.

BACKGROUND:

On or about September 27, 2022, the City entered into a consultant’s agreement with the firm of Brian Wisheff & Associates (“BWA”) to assist the City obtain tax credit funding to assist with the Royal Theater project. BWA is a tax credit consultant firm that specializes in finding investors and helping to structure investment deals. Tax credits are incredibly complicated and require specialists such as BWA. The City’s agreement with BWA does not require any “out-of-pocket” payments to BWA for its services, as long as the project closes and tax credits funds are awarded to the project. BWA obtains all its final compensation at the conclusion of any tax credit funding it helps to structure at the conclusion of the deal. The City’s agreement provided that BWA would receive 15% of the total funding the City receives from tax credits it helps to procure as its fee.

The City’s agreement with BWA included a provision that it would hire a law firm that specializes in creating the legal structure needed to receive tax credit investments. After the agreement was signed, City staff learned that that the law firm that BWA hired was based in St. Louis, Missouri. Although this firm is certainly competent, City staff started to consider that it may be in the City’s interests to hire a law firm with expertise in tax credits that is also more familiar with California laws that also apply to tax credit funding. After consulting with some local organizations that use tax credit funding, the uniqueness of California’s additional laws concerning tax credit funding was made even more apparent, and City staff decided to meet with a law firm referred by one of these local organizations to discuss retaining it to assist with any tax credit deals BWA might be able to successfully broker.

City staff met with Robert Cowan and Eugene Cowan with the law firm of Bocarsly Emden Cowan Esmail & Arndt LLP about possibly hiring the firm to assist it with tax credit funding for the Royal Theater project, and this meeting convinced City staff that it was very much in the City’s best interests to retain this firm, Philip Sinco

which has a particular expertise in tax credit funding in California, as opposed to the firm BWA routinely uses. BWA was open to the possibility of allowing the City to hire its own law firm but advised that the agreement would have to be amended. Since BWA receives all of its compensation at a percentage of the amount of tax credit funding it successfully obtains on behalf of its clients (15% under its agreement with the City) and it “prices in” the cost of the legal work charged by the law firm from St. Louis it hires for this purpose. Since using a different law firm changes their potential compensation, BWA advised that City that it was willing to either reduce its total compensation from 15% to 11.5% of the total tax credit funding received by the City or agree to give the City $30,000 towards legal fees from another law firm.

After discussions, City staff determined that the $30,000 credit for legal fees was more appropriate since the amount could be predicted (rather than variable as a percentage of the total amount of the tax credit funding).

However, since BWA receives its compensation only at the conclusion of any tax credit deal(s), BWA informed that City that the City would be responsible for paying the law firm’s fees and that BWA would reimburse it up to $30,000 for the law firm’s fees at the conclusion of the tax credit deal(s). Thus, while the City would have to pay these fees “upfront,” they would be fully or partially reimbursed to the City.

Moreover, the potential amount of tax credit funding that is likely to be obtained will be more than the projected cost to construct the project (which is permissible as this funding can be used for ongoing maintenance and other costs associated with the project). For that reason, even if the $30,000 credit from BWA is not adequate to fully reimburse the City for the law firm’s fees, the tax credit funding should be more than adequate to do so.

Finally, there is no cost to the City’s general fund to pay the law firm’s fees. The remaining bond proceeds from the City’s former Redevelopment Agency may be used for this purpose. Additionally, the $5M California Arts Council funding is now on hand and can be used for these types of expenses until “reimbursed” by the tax credit investments.

DISCUSSION:

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

The law firm of Bocarsly Emden Cowan Esmail & Arndt LLP provided the City with an “engagement letter” attached as Exhibit A to Resolution No. 2023-34 (Attachment 1) that outlines the services it will provide and related terms. City staff recommends that the City Council approve the agreement and authorize the Mayor to sign it on behalf of the City.

In addition to ensuring the tax credit legal documents are appropriate for the City to sign, to accept the funds, the City will need to create a legal structure, likely an LLC, that is allowed to accept tax credit investment funds. Only a for-profit entity can receive tax credit investments. The assistance of Bocarsly Emden Cowan Esmail & Arndt LLP for creation of this LLC is essential.

Finally, the agreement being authorized by Council, herein, would allow the City to use Bocarsly Emden Cowan Esmail & Arndt LLP to apply for and receive the following three tax credit options (either one,

two or three depending on the project's needs and Council approval): Federal Historic Tax Credits, California Historic Tax Credits and New Market Tax Credits.

FISCAL IMPACT:

No impact on the City’s general fund. There will be a temporary impact on available funds remaining from former Redevelopment Agency bonds, but this will eventually be reimbursed as either part of the $30,000 credit from the tax credit consulting firm or from tax credit funding if the $30,000 is insufficient to cover the full amount of the incurred legal fees. Note: the fee would increase depending one how many tax credit allocations the Council authorized staff to apply for. However, with the increase in fees comes an increase in funds available for the project.

ATTACHMENTS:

1. Resolution No. 2023-34

RESOLUTION NO. 2023-34

A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE

APPROVING AN AGREEMENT FOR LEGAL SERVICES WITH BOCARSLY EMDEN COWAN ESMAIL &

ARNDT LLP RELATED TO TAX CREDIT FUNDING
WHEREAS, the City of Guadalupe has retained Brian Wishneff & Associates (BWA), a firm that specializes in obtaining tax credit funding, to assist the City with obtaining tax credit funding for the Royal Theater project; and
WHEREAS, tax credit funding is very complex and requires the assistance of a highly specialized and experienced law firm; and
WHEREAS, BWA’s agreement with the City included providing the services of a law firm specialized in the handling of tax credits, however, it is based in St. Louis, Missouri, and is not as experienced working in the area of tax credit funding in the state of California, the laws of which include additional rules and requirements not common in other states; and
WHEREAS, City staff determined that it is in the best interests of the City of hire its own law firm that is experienced and knowledgeable about tax credit funding in the state of California, and identified the law firm Bocarsly Emden Cowan Esmail & Arndt LLP as one such firm; and WHEREAS, BWA was agreeable to allowing the City to hire its own law firm, but was only willing to either reduce its fee from 15% to 11.5% of the total tax credit funding it procures for the City or a credit of up to $30,000 that it would reimburse the City at the conclusion of any tax credit deal(s) it successfully brokers; and
WHEREAS, City staff determined that obtaining a known credit of $30,000 was preferable to a variable amount depending on the percentage fee BWA ultimately earns; and WHEREAS, there will be no impact to any of the City’s funds, whether the general fund or any special funds, since there are funds from former City redevelopment agency bonds (administered by the successor agency to the City’s former redevelopment agency) that may be used for this purpose, which will eventually be reimbursed either from the $30,000 credit BWA agreed to provide or, if insufficient, from the tax credit funding that is likely to be obtained since this amount will exceed the cost to construct the Royal Theater.

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

Section 1. The Agreement for Legal Services between the City and Bocarsly Emden Cowan Esmail & Arndt LLP, attached hereto as Exhibit A, is hereby approved.

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

ATTACHMENT 1

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

PASSED, APPROVED AND ADOPTED at a regular meeting on the 9th day of May 2023 by the following vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

I, Amelia Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2023-34, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held May 9, 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

EXHIBIT A

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: May 1, 2023 Planning Report Covering April 2023

MINISTERIAL PROJECTS
Zoning Clearances Approved 3
Zoning Clearances Denied 0
Zoning Verification Letters 0
Business Licenses Approved 2
Business Licenses Denied 0
ADUs approved 0
AUP for short-term rental 0

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

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

Agenda Item No. 7H 1.

Ministerial Permit Report– April 2023
(Reported 5-1-2023)
Zoning Clearance Approvals
2019-019-ZC Gonzales SFD 1057 Gularte
2023-019-ZC La Guardia Townhomes 4231-4241 La Guardia
2023-024-ZC Hutchinson Rear paving 4533 Gusto
ADU Approvals
Business License Approvals
Attergott Strategic Focus Counseling 4369 Hacienda
Bribiesca Mobile Carwash carwashing/detailing 4479 Second Business License Denials
None
Guadalupe City Planning Department
Planning Processing Summary for April 2023
(5-1-23 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 Ordinance went into effect on April 27th 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. Second Incomplete letter sent 3-24-23.

NO
2022-048-CUP $ Element 7 Retail
cannabis dispensary
INC 9-17-22 January resubmittal by applicant. Review by staff and cannabis consultant. CUP may be
heard in late May.

NO
2023-013-LS
SB-9 Split
Reed Lot Split 3-7-23 Staff continues to review application to ensure that the project is consistent with the
Guadalupe Municipal Code
NO
2023-022-CUP Lopez H2A Housing 4-6-23 COMP 4-27-
23 CUP has an expedited processing due to low
income housing. Set for Council approval on
5-23-23
NO
6th Cycle Housing
Element
Mandatory Update Fall 2022 n/a Administrative Draft Housing Element has been delivered to the Planning Director, the
document was reviewed and a 7-page letter
with over 100 comments were returned to the
consultant on 4-27-23.

No$ = unreimbursed planning work
$ = projects where a fixed fee has been paid
5-1-23
Agenda Item No. 7H 2.

Building Department Inspections Log - April 2023

1 Public Works/Engineering Report
April 2023
Development
City staff reviewed a number of encroachment permit applications in April. Several of these applications had to be reviewed multiple times and resubmitted with revisions because they involved the addition of driveway approaches to accommodate accessory dwelling unit drivewaysthat did not meet standards. City standards are very specific about driveway approach requirements, including a minimum of 20 feet between driveway approaches on a single lot, and a minimum of 5 feet distance from utilities installed in the sidewalk. However, staff was recently informed that more than one curb cut out for driveway approach to accommodate parking for accessory dwelling units is not allowed. The section of code will be addressed in future history dwelling unit construction projects.

Benefit Districts
Guadalupe Assessment District
Vegetation along the north wall of W. Main St. from Calle Cesar Chavez to Pioneer Street has overgrown beyond basic maintenance. A landscape contractor was hired to drastically reduce the volume of vegetation, one block at a time. The first block, just east of Calle Cesar Chavez, was completed at the end of February. The second block was completed in March, the and the third block was completed in April.

General
Streets
The streets division did not participate in many special projects in April for two reasons. First, the division was staffed with only one staff person, not two. Second, a number of rain events in the first three months of the year left numerous weeds and potholes throughout town that needed to be addressed. Despite this workload, streets assisted wastewater in reconstructing an adequate amount of the effluent spray field in order to restart the effluent pump station and to accomplish the discontinuation of treated effluent into the river on April 11. On April 17 and 18, Agenda Item No. 7H 3.
2 streets staff assisted recreation and parks staff on the sewer line at Leroy Park and irrigation at O’Connell Park.

The Public Works Director participated in the following meetings in April:
• April 3: Attended the cycle 2 Clean California Local Grant Program application workshop. • April 6: Technical Transportation Advisory Committee (TTAC) and Joint Technical Advisory (JTAC) meeting. Central Park design project monthly progress meeting. Meeting with consultant to discuss the draft general permit and waste discharge requirements (WDR) for the wastewater treatment plant.
• April 10: Meeting with FEMA to discuss response and mitigation funds available following flooding.
• April 11: Meeting to prepare for the outdoor recreation workshop. • April 12: Central Coast Trash Amendments collaborative meeting. PG&E status meeting for 303 Obispo St. electrical service upgrade project. Outdoor recreation workshop evening meeting.
• April 13: Outdoor recreation workshop, action planning all day meeting. • April 14: Bonita Tank demolition project field meeting. Meeting with consultant to discuss response to Regional Water Quality Control Board’s comments on draft permit. • April 18: Preconstruction meeting for Escalante Meadows water and wastewater connection to City system.
• April 20: ArcPro setup. Local streets and roads program discussion and fiscal year 23 – 24 planning eligibility technical training.
• April 21: Meeting with consultant to discuss wastewater master planning. • April 24: ARPA funds discussion
• April 25: Regional Water Efficiency Program meeting. Meeting with developer’s engineer on Snowy Plover.
• April 26: Water Shortage Contingency Plan training. Guadalupe and Santa Barbara County Association of governments (SBCAG) quarterly meeting. • April 27: Central Coast Water Authority (CCWA) board meeting. Meeting with consultant on development of the Pasadera lighting and landscaping benefit District engineering report.
• April 28: Meeting with Caltrans on transit opportunities. Meeting with consultant to brainstorm long-term solutions for wastewater treatment.

Urban Forest Plan
The. City received $170,734.49 to develop an Urban Forest Plan and associated elements, including a street tree inventory. In April, staff upgraded the City’s geographical information system (GIS), from a web-based version to a desktop version for greater functionality. A portion 3 of the grant funding was spent upgrading the software and purchasing equipment for conducting the street tree inventory. In April, staff attended training to maximize the use of this equipment.

Street tree Inventorying is scheduled to start in May.

Parks
Central Park
A monthly progress meeting was held on April 6. In April, the consultant and City staff worked on details related to the dog park and public are on the elevated tank.

Leroy Park Phase II
City staff continues to work on meeting the grant application for this project, including obtaining an architect to complete the preliminary architecture report required as part of the grant application.

Facilities
City Hall
Painting of the front exterior and main hall began on April 17, and is scheduled to continue through mid-May.

Streets
2022 Pavement Rehabilitation Project
Full depth reclamation on Pioneer and Santa Barbara Streets was completed in April. Additional work April included raising utilities and striping. The final walk-through for this project is scheduled for May 1.

Transit
Low Carbon Transit Operation Program (LCTOP)
On April 28, staff submitted a LCTOP allocation request for 2022 – 2023 for $116,476 for the purchase of an electric van to replace the existing gasoline powered van that has reached end of useful life. Securing these funds will enable the City to continue its fleet electrification program; this van will be the second of five transit vehicles to be converted to zero-emissions. 303 Obispo Street Site Improvements
City electric vehicles, including the transit buses, will be parked, stored, and charged at the City’s corporation yard at 303 Obispo Street. The City awarded a design services agreement to Ashley and Vance for $95,792.00 on April 11, 2023. The kickoff meeting for this project is scheduled for May 2, 2023. Due to anticipated long lead time, some electrical equipment has already been 4 approved by PG&E and purchased for this project. The transformer has already arrived and invoiced for $4,102.88. The switchgear has a lead time of 260 working days and is not expected to be delivered until March 2024.

Clean California Local Program Grant
On April 28, the City submitted its grant application to this program. This is round two. We were unsuccessful in round one. During this second round, we have gathered additional support letters, including those from SMOOTH, Guadalupe Visual Performing Arts Center, Los Amigos de Guadalupe, Supervisor Steve Lavagnino, and State Assemblyman Greg Hart. In addition, we believe our application is stronger this time because we have secured match funding through the Affordable Housing and Sustainable Communities (AHSC) grant and have documented the number of people who use the site daily. Prior to the site’s conversion to a multimodal transit hub, the site was used by approximately 23 train passengers per day. Now, there are an additional 140 passengers a day that visit the site to use the Guadalupe Flyer bus system. The City has requested grant funding in the amount of $816,000 to augment approximately $495,000 in funding already secured through the AHSC grant to meet the 37.5% match requirement. If awarded this additional grant, improvements at the site will include a public restroom, electric vehicle charging infrastructure, pervious pavers, bicycle amenities, improved layout, and site beautification improvements. Grant awards are scheduled to be announced September 2023.

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, 50 meters in February, 62 meters in March, and 4 meters in April.

State Water
On April 20, CCWA project participants were informed that the State Water Table A allocation for 2023 has increased from 75% to 100%, or 550 acre-feet (over half our annual demand of 1,009 acre-feet). Staff raised the flow of State Water to 420 gallons per minute to maximize use of this water. In addition, Article 21 water is available but does not count against our Table A allocation.

This occurs when San Lewis Reservoir “spills.” We received an estimated 9 acre-feet a week of this water for all of April. Upon receiving information that article 21 water will likely continue through May, staff increased state water delivery to 480 gpm through the turnout.

By March 6, the City received 3 quotes to replace the cluster of valves in the intersection of 10th St. and Olivera. The bids ranged from $27,200.02 $29,486. This work was awarded to the low bid, R Baker. This work was completed in early April.

Regulatory
5 On April 26, City staff attended a webinar on guidance to complete a Water Shortage Contingency Plan. The City is required to submit this plan by July 1, 2023.

Landscape Rebate Program
On April 21, the City received word that the County was successful in obtaining a landscape rebate program grant in which the City is participating. The city’s portion of this grant of over $400,000 is $40,000. The City is contributing water funds to make the 50% match. This program is in its infancy, and will require time to develop the policy, program details, and implementation.

Bonita Tank Demolition
On April 28, a request for quotes for the demolition of Bonita Tank was posted on the City’s website, advertised in the local paper, and sent to six potential bidders. Quotes are due by May

18. Wastewater
Regulatory
No sewer system overflows occurred in April 2023.

The City continued to discharge undisinfected treated effluent to the river until April 11. On April 6, treated wastewater staff preassembled a portion of the spray field sufficiently to start the effluent pump begin drawing down the holding pond levels. Pumps restarted up at 11 o’clock in the morning. At 3:30 that afternoon, there was a power failure caused by a PG&E transformer failure. The transformer was replaced at 3 AM, April 7. After the transformer was replaced, staff needed to check the wiring before turning the pump back on. An electrician was called out Friday morning. Well operation was able to be reestablished by 1 PM that afternoon.

City staff and its consultant, MKN, continue to work on various documents associated with its wastewater master plan and requested by the Regional Water Quality Control Board (Board).

City staff responded to the draft permit
On April 7, the City successfully transferred regulatory coverage from the old collection system General order to the new statewide General order 2022 – 0103 – DWQ.

Staff has developed a Fats, Oil, and Grease program, including maintenance record forms, informational brochures, and a list of potentially impacted facilities.

Utility costs
On April 11, staff submitted a request to PG&E to change our electrical rate at the wastewater treatment plant from B10S to B19SV. The rate analysis shows a potential cost savings of $42,904.45 per year. This is a savings of 17.7% of our current annual costs. 6 Highway 1 Lift Station Replacement Project
The notice to proceed on this project was issued March 20. Initially, this $1.5 million project was to be paid for out of wastewater cash balance. However, on March 28, City staff received word that CDBG funds applied for in 2020 have become available, and state staff is 95% certain that these funds can be applied to this project even though it has already been awarded.

City staff will work with the state on providing the necessary updates and will find out with certainty by June whether the CDBG funds are applicable. Until then, City staff has asked the contractor for some flexibility on timing, as any money spent on project prior to the contract being signed will not be eligible for reimbursement.

Pioneer Lift Station Replacement Project
City staff is waiting for the encroachment permit from Caltrans. $989,000 of this project will be funded through State Proposition 1, Round 2 funding. The remainder of the project will be funded through the CDBG grant mentioned above. This project will be bid for construction after the CDBG contract is signed.
7 Project
# Account # 2022-23 TOTAL
2022-23 Spent/
Encumbered April 2023 Update
100 Buildings089-104 89-4444-3044 155,127 $ 9,358 $ Transition well under way 089-105 89-4444-3045 40,840 $ 089-106 89-4444-3077 90,000 $ Proposals opened April 20089-107 89-4444-3076 70,000 $ 089-108 89-4444-3075 170,000 $ 26,527 $ PG&E design underway089-109 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 089-112089-112 New 554,000 $ 79,665 $ city hall structural assessment+painting bid200 Parks089-201 New 4,882,054 $ 611,887 $ 50% design drawings submitted in February. 089-204 New CDBG (Leroy Phase 2) 1,700,000 $ Two remaining elements for grant application underway 300 Streets, Sidewalks, Bicycle Facilities089-307 89-4444-3067 200,000 $ 089-308 89-4444-3068 1,700,000 $ 1,471,237 $ Completed089-309 89-4444-3097 100,000 $ 100,000 $ Completed089-310 New 293,809 $ Developer to address. Drawings submitted and approved089-311 89-4444-3092 60,000 $ 400 Water089-406 89-4444-3093 95,000 $ 8,000 $ Attorney met with staff March 22089-407 89-4444-3094 200,000 $ 87,016 $ Meters purchased for conversion 150 of 503 installed089-408 89-4444-3095 50,000 $ 089-409 89-4444-3096 450,000 $ 379,255 $ Completed 8/9/22 089-410 New 40,000 $ RFQ issued. Bids due May 18500 Wastewater089-503 89-4444-3083 522,821 $ 535,556 $ Pumps began operation February 27.089-504 89-4444-3084 1,200,000 $ 1,527,264 $ Notice of award issued February 28089-510 89-4444-3090 90,000 $ 600 Transit089-603 New 1,700,000 $ 1,138,772 $ Bus ready. Scheduled to be delivered in August089-602 New 494,000 $ Clean California Local Program grant application submitted April 28 Transfer to CIP fund 089: 20,346,971 $ 5,974,537 $
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 22/23 Sidewalk 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
May 9, 2023
(Information below may be subject to change)

1. Santa Barbara Arts Council Central Coast Creative Corps (CCCC) Grant Submitted On May 1, Tiffany Gonzales, and Stephanie Krouse (LADG) submitted the grant application for the Santa Barbara Arts Council. The Santa Barbara County Office of Arts and Culture announced the Central Coast Creative Corps (CCCC) Program, a new grant opportunity open to 501c3 nonprofits, tribal governments, and government agencies in the Central Coast Region. The pilot program offers 23 awards of $140,000 for organizations to hire a local artist or culture bearer to develop art-driven campaigns addressing public health, climate resilience/emergency preparedness, civic engagement, or social justice.

2. U.S. Department of Homeland Security Site Visit
On May 8th, the City Administrator will meet with the FEMA and U.S. Department of Homeland Security for a site visit to assess damages. The sites would be LeRoy Park, Berm, spray field, wastewater treatment plant, its monitoring wells and Tognazzini drain. This inspection most likely will take all day to complete.

3. City Hall Mail Room Relocation
The city’s auditing firm finds that city staff use the postage meter and mail room with a potential conflict in matters within the finance department. The mail room has been in the safe room for years. The City Administrator is working on another location, possibly in a larger closet next to the electrical service panels…. that is centrally located and can be accessed by all staff 24/7.

4. CPUC Central Coast Community Energy (3CE) Update
On May 27th, the CPUC voted out Resolution E-5258 as part of their consent agenda. The resolution preliminarily sets January 1, 2025, as the earliest date for 3CE to start service for the City of Atascadero, however, the Commission reserves the right to further delay or condition the start of service. If left undisturbed, the reasoning therein will likely delay the start of service in the County of San Luis Obispo.

This vote is disappointing but is not the final step in this process. 3CE will file an Application for Rehearing, which is due within 30 days. Potential further legal action will be evaluated following the Commission’s response to the Application for Rehearing.

5. California Arts Council $8M Grant – Royal Theater and Housing Authority The State legislature, in the 2022 budget, and sponsored by Senator Limon, awarded the Royal Theatre $5M. However, Senator Limon also awarded the Housing Authority of Santa Barbara County (HASBARCO) $3M for a new community center being developed on their Agenda Item No. 8
property with the City of Guadalupe. The budget language named two both entities and both projects but one amount ($8M).

The California Arts Council made the determination that they would only be able to give one award of $8M to the City of Guadalupe, based on the limited budget language. It was decided that the city would accept the $8M award and in turn disburse the $3M to HASBARCO.

Well, the $8M check arrived.

A contract needs to be executed then the process will be to submit a funds request for the full $8M and disburse $3M to the Housing Authority.

6. Housing Affordability Session Follow Up
Several City representatives attended and shared their perspectives and insights about housing at our gatherings about 4 weeks ago. We learned so much while in each region – South County, Lompoc & Santa Ynez Valley, and Guadalupe/Santa Maria – about the challenges and opportunities related to housing supply and affordability.

Attachment 1, please find a summary of key findings from the sessions, including specific highlights from each area. Also attached (#2) is the PowerPoint with aggregate county housing data that was shared at the sessions.

The Santa Barbara Foundation is synthesizing these ideas and recommendations in a countywide report, which will be available in a few months.

As many of you know, the Santa Barbara Foundation has begun a process to find opportunities to engage and partner with government, nonprofit, and private sector leaders working on housing access and affordability, particularly for working families.

Next Steps: Here is an invitation-only meeting to discuss the opportunities and recommendations that have emerged to date.

The Santa Barbara Foundation is eager to learn from our experience as government leader for housing and hope you can join us to meet via zoom from 11:00am-12:30pm on Wednesday May 24. SBF will follow up with a calendar invitation as well. The City Administrator plans to sign on.

Please contact them at [email protected] or their consultant on this project, Cassandra Benjamin at [email protected] with any questions about the gathering.

7. Community Blood Drive Thursday, May 18 at Taylor Farms Along with the Guadalupe Business Association and Vitalant, they are hosting a community blood drive here at Taylor Farms on Thursday, May 18th from 1:30-5pm. They would like to get the word out to the Guadalupe community and residents. Attached (Attachments 3 & 4) are two flyers, one in English and one Spanish with more information about the event and a QR code that can be scanned to make an appointment and start the registration process.

8. Grant Opportunities
See attachment 5 for a summary of possible grant opportunities provided by Townsend.

9. May 3rd Project Overview and Community Engagement Discussion Upcoming Hwy Projects Mayor Julian, Councilmember Hernandez, Public Works Director Sweeney, City Administrator Bodem met on May 3rd with Caltrans/SBCAG/Taylor Farms and Pasadera representatives to discuss 7 Caltrans projects with a significant discussion about the intersection of State Route 166 and State Route 1. The lead agency, Caltrans, is on a ‘fast track’ to work with all the stakeholders to complete this project. Regularly scheduled meetings with ‘real’ actions steps will happen. Next meeting: End of May where Caltrans engineers will present project engineers’ estimates and decisions on division of costs by each stakeholder will be determined. See attachment 6 illustrating what transpired at the May 3rd meeting. More and more to come on this. Caltrans is looking forward to tomorrow’s meeting at City of Guadalupe. Please see attached meeting agenda.

10. SBCAG/Caltrans/City Meeting
At the time this report was written, the May 3 meeting with SBCAG/Caltrans/and City had not met. A verbal outcome of that meeting may be delivered at the May 9th City Council meeting.

The agencies prepared an agenda (See Attachment 6) ahead for the meeting discussion which will give you some of the items discussed before the outcome of the meeting is delivered.

SBF Housing Affordability Listening Session Findings

INTRODUCTION
Three listening sessions were held in Southern (Santa Barbara), Central (Lompoc), and Northern (Santa Maria) County with more than 60 par�cipants total. Atendees included business, nonprofit, government, and community leaders concerned with the supply and affordability of housing in their areas. Others who were unable to atend in person shared their perspec�ves via email. Many similar themes emerged across the regions, which are summarized below followed by addi�onal concerns and opportuni�es expressed in individual regions.

ACROSS ALL REGIONS
Strengths & Assets
• Desirable areas to live with good quality of life and ameni�es and sense of community • Strong housing authori�es, nonprofit developers, and nonprofit service providers • State mandates and incen�ves to build more housing
• Community-wide recogni�on of the problem – lack of housing supply and affordability is affec�ng everyone
Challenges
• Lack of housing that is affordable at all levels – from extremely low-income to middleincome – which impacts employers, families, students, communi�es • Employers cannot find workers, workers cannot afford to live here, and people end up having long commutes
• Lack of dedicated local sources of funding for all types of housing • Slow approval processes that create risk, add costs, o�en decrease number of units produced, and delay the actual produc�on of housing
• High construc�on costs
Opportunities
• Increase public will building, storytelling (housing is for all of us), and advocacy • Mixed-use and adap�ve re-use development
• Increasing density and adding housing to downtowns
• ADUs – incen�ves to produce them and use them as long-term rentals • Employee and student housing on school district, community college, etc. land • Public and private funding to help with down payments

NORTH COUNTY SPECIFIC
Assets
• More available land than other parts of the County
• Pro-housing elected officials, leaders, and community members • Recent successful projects and partnerships (Hardy, Hope Village, etc.) ATTACHMENT 1
Challenges
• Families living in over-crowded condi�ons
• Current zoning restricts both density (going up) and expansion (going out) • Need to increase wages
Opportunities
• Santa Maria & Guadalupe General Plan update process
• Engaging the younger genera�on’s leadership
• Encouraging the philanthropic community to pool resources • Apply an equity lens across this work

CENTRAL COUNTY SPECIFIC
Assets
• More available land than South County
• Allan Hancock College campus
• More affordability than other regions
Challenges
• Water access and infrastructure
• Agricultural land limits
Opportunities
• Worker housing on space force base
• Micro units, co-ops, and co-housing
• Increasing mobile home parks

SOUTH COUNTY SPECIFIC
Assets
• Employer-sponsored housing
• Under-u�lized land (parking lots, shopping centers)
• Strong nonprofit and government coordina�on
Challenges
• Short-term rentals
• Height limits and parking requirements in City of Santa Barbara • Lack of Sec�on 8 vouchers
• Very high income and large security deposits required for access to rental units • Empathy gap – those already owning homes reluctant to have new homes added • Extremely difficult and �me-consuming approval process Opportunities
• Develop incen�ves and funding for moderate income housing • Downtown workforce housing
• Housing element processes have set the stage
Santa Barbara Housing
Affordability Overview
February 2023
ATTACHMENT 2
Safe, Stable, Affordable Housing Matters
Better performance in school Better mental health Healthier, happier seniors Fewer trips to the ER More productive workforce Boosted local economy Housing by the Numbers
There are 160,333 housing units in Santa Barbara County. 24,856 are additional units needed by 2031, including 9,734 affordable units.1 In 2022, the median home price in Santa Barbara County was $1,050,000 2
, and 52% of households were homeowners.3
In 2022, fair market rent in Santa Barbara County was $2,516 per month, and 48% of households were renters.4
63% of renter households in Santa Barbara County are costburdened, paying more than 30% of their income on housing. 22% are severely housing cost-burdened, paying more than 50% of their income on housing.5

1. Santa Barbara County Housing Element, 2023; 2. Housing Trust Fund of Santa Barbara County, 2023; 3. NLIHC Out of Reach, 2022; 4. California Housing Partnerships, 2022; 5. Ibid Rental Housing Burden
70,805 $48.38
Renter households in
Santa Barbara County
with an average monthly
rent of $2,257
Average hourly wage
needed to afford a 2-
bedroom apartment in Santa
Barbara County
$21.58
Average hourly wage of
renters in Santa Barbara
County, which only supports
a rent of $1,122 per month
15,744
Low-income renter
households in Santa Barbara
County who do not have
access to an affordable home
Source: NLIHC Out or Reach 2022, California Housing Partnerships Housing Production Cost & Shortfall
$500,000 38%
Average cost of building
one unit of affordable
housing in Santa Barbara
County in 2021
Decrease in annual average
residential permits issued
between 2000-2020,
compared to 1980-1999
4:1
New jobs added (~26,100) for
every new unit of housing
permitted (~6,500), between
2013-2019. This ratio is even
higher (4.3) in South County cities
Source: Rosen Consulting Group, 2022
All Types of Housing are Needed
All Types of Affordability are Needed
*AMI is defined by 2022 HUD Area Median Family Income for Santa Barbara County **A household encompasses family members and unrelated people sharing a housing unit, including a person living alone (US Census Bureau) ***Occupations and corresponding income levels are representative of a single income earner, using 2021 Average Wages by Occupation Group (US Bureau of Labor Statistics) Source: Santa Barbara County Housing Element, 2023
For All Members of the Community
Extremely Low-Income
Families
Very Low-Income
Families
<30% AMI
• Less than $42,000 per year
for a family of four
• Currently = 18,060
households (13%)
• Farmworkers, cooks, home
health and personal care
aides, retail salespersons,
childcare providers,
janitors and cleaners,
retired and/or disabled
household members on
fixed incomes
30% – 50% AMI
• Between $42,000 - $70,000
per year for a family of four
• Currently = 16,780
households (12%)
• Administrative assistants,
elementary school teachers,
social workers, transportation
workers, construction
workers, electricians,
plumbers
Low-Income
Families
50% – 80% AMI
• Between $70,000 - $112,000
per year for a family of four
• Currently = 24,905
households (17%)
• Nurses, pharmacists,
paralegals, laboratory
technicians, public
administrators, dental
hygienists, firefighters
Moderate-Income
Families
80% – 120% AMI
• Between $112,000 – $120,000
per year for a family of four
• Currently = 27,540 households
(19%)
• Public safety workers, school
principals, physical therapists,
architects, engineers
Focus is Needed on Three “P’s”
Protect Tenants
Prevent gentrification,
displacement, and
homelessness
Preserve
Communities
Preserve existing affordable
housing and communities
Produce Housing
Produce more housing,
particularly affordable
housing, more efficiently
and cost-effectively
Across Three Areas of Action

PUBLIC WILL PLACE PEOPLE
Securing land and financing,
developing, and building homes
in communities with access to
the amenities that families need
to thrive
Building political and community
will through housing education,
research, messaging, organizing,
advocacy, and policy change
Helping people afford, obtain,
and retain quality housing,
from those who are
experiencing homelessness to
homeowners
With Attention to Core Principles

TAYLOR FARMS

RETAIL BLOOD DRIVE
Scan to make
an appointment.
4575 W. MAIN STREET,

GUADALUPE
DATE: Thursday, MAY 18th
TIME: 1:30pm – 5:00pm
ATTACHMENT 3

TAYLOR FARMS RETAIL
Para hacer cita aga escanea el codigo QR
0 llame 805.542.8500 o visite www.vitalant.org
Dona para tener la oportunidad de ganar
1 de 3 targetas prepagada de $ 5,000
4575 W. MAIN STREET, GUADALUPE
Fecha: Jueves, Mayo 18
HORAS: 1:30pm – 5:00pm
ATTACHMENT 4
State Capitol Office ▪ 925 L Street • Suite 1404 • Sacramento, CA 95814 • Phone (916) 447-4086 • Fax (916) 444-0383 Federal Office ▪ 600 Pennsylvania SE • Suite 207 • Washington, DC 20003 • Phone (202) 546-8696 • Fax (202) 546-4555 Southern California Office ▪ 1401 Dove Street • Suite 330 • Newport Beach, CA 92660 • Phone (949) 399-9050 • Fax (949) 476-8215 Central California Office ▪ 744 P Street • Suite 308 • Fresno, CA 93721 • Phone (949) 399-9050 • Fax (949) 476-8215 Northern California Office ▪ 300 Frank Ogawa Plaza • Suite 204 • Oakland, CA 94612 • Phone (510) 835-9050 • Fax (510) 835-9030

M E M O R A N D U M
To: Todd Bodem, City Administrator, City of Guadalupe
From: Cori Takkinen, Vice President, Townsend Public Affairs, Inc.

Alex Gibbs, Grants Manager, Townsend Public Affairs, Inc.

Christine Rose, Grants Coordinator, Townsend Public Affairs, Inc.

Date: May 3, 2023
Subject: Grants and Funding Monthly Report
Overview
The purpose of this memo is to provide a monthly outline of upcoming funding opportunities and grant programs that could potentially meet the City’s funding needs in the near future. This memo is not a comprehensive list of all grants that are currently available, but ones that you may be able to submit competitive applications for relevant priority projects.

Future Opportunities
Later this month the Governor’s Administration will release the May Revision of the State’s preliminary budget proposal, which traditionally reflects revenue data collected during tax season to inform how the State will plan to spend taxpayer dollars. This will offer additional insight into the State’s fiscal condition and ability to maintain existing spending levels. At the beginning of the year, the Governor released his January budget proposal, which included a projected $22 billion deficit. The May Revision of this preliminary budget proposal may reflect a growing deficit and the need for the use of reserve funds to offset revenue losses, or deferrals and cuts to existing programs.

Despite the uncertainty of the upcoming budget, there is a renewed focus on creating new bonds to fund priority issues. As of May 1, the Legislature has moved a total of 7 new statewide bonds ranging from the hundreds of millions to tens of billions of dollars through the legislative process.

These proposed bonds seek to address issues ranging from housing production to climate resiliency and infrastructure projects. Should these pass through the Legislature, they will be considered by voters in the upcoming statewide election. While it is unlikely that each of these bonds will be effectively implemented, it reveals a sense of urgency to maintain and expand upon priority spending programs throughout the state. TPA advocates are working behind the scenes to ensure any bonds passed include specifically dedicated funding programs for priority projects.

ATTACHMENT 5

Looking Ahead: Grant Program Highlights
Transportation
Name Awards & Match Description Timeline
Department of
Transportation
Charging and
Fueling
Infrastructure
Discretionary Grant
Program
Community
Program:

Min Award:
$500,000
Max Award:
$15,000,000
Match: Minimum
20%
Corridor Program:

Min Award:
$1,000,000
No Max
The CFI Program is divided into
two distinct grant funding
categories:

The Community Program provides
$350 million to strategically deploy
publicly accessible EV charging
infrastructure, and hydrogen,
propane, or natural gas fueling
infrastructure in communities.

Infrastructure may be located on
any public road or in other publicly
accessible locations such as
parking facilities at public buildings,
public schools, and public parks, or
in publicly accessible parking
facilities owned or managed by a
private entity.

The Corridor Program provides
$350 million to strategically deploy
publicly accessible EV charging
infrastructure and hydrogen,
propane, and natural gas fueling
infrastructure along designated
alternative fuel corridors (AFCs).

May 30, 2023
US Department of
Transportation
Safe Streets and
Roads for All
(SS4A)
Action Planning
Grant Range:
$100,000 -
$10,000,000
Implementation
Grant Range:
$2,500,000 -
$25,000,000
20% Match
Required
The Safe Streets and Roads for All
(SS4A) Program will provide grant
funding to support planning,
infrastructure, behavioral, and
operational initiatives to prevent
death and serious injury on roads
and streets involving all roadway
users, including pedestrians;
bicyclists; public transportation,
personal conveyance, and
micromobility users; motorists; and
commercial vehicle operators.

July 10, 2023

Public Safety
Name Awards & Match Description Timeline
US Department of
Justice
COPS School
Violence Prevention
Program (SVPP)
Max Award:
$500,000
25% Match
SVPP funding will provide up to
75% funding for the following
school safety measures in and
around K-12 (primary and
secondary) schools and school
grounds:
• Coordination with law
enforcement
• Training for local law
enforcement officers to
prevent student violence
against others and self
• Metal detectors, locks,
lighting, and other deterrent
measures
• Technology for expedited
notification of local law
enforcement during an
emergency
Any other measure that the COPS
Office determines may provide a
significant improvement in security.

Grants.gov
Deadline:

May 10, 2023
JustGrants
Deadline:

May 17, 2023
Board of State and
Community
Corrections (BSCC)
Organized Retail
Theft Prevention
Grant
Letter of Intent
optional (May 15,
2023)
Medium Scope
Category:

Max Award:
$6,125,000
Large Scope
Category:

Max Award:
$15,650,000
No Match
Required
Funding is available to California
city police departments, sheriff
departments, and probation
departments to support local law
enforcement agencies in
preventing and responding to
organized retail theft, motor vehicle
or motor vehicle accessory theft, or
cargo theft. Permissible uses of
grant funds include, but are not
limited to, purchase of technology
or other equipment to help deter
strategies for preventing or
responding to crime.

July 7, 2023
Firehouse Subs
Firehouse Subs
Grant Program
$10-25K Average
Award
No Match
Required
The Firehouse Subs Program
provides funding to purchase
equipment or provide training for
firefighters in areas where the
restaurant chain operates.

July 13, 2023
Leary Foundation Max Award:
$25,000
The Leary Firefighters Foundation
awards grants to paid and
volunteer fire departments for
LOI due August
1, 2023

Jeremiah Lucey
Grant Program
training, equipment, and
technology.

USDA
Community Wildfire
Defense Grant
Max Award $10
million
Match: 10-25%
This program, which was
authorized by the Bipartisan
Infrastructure Law, prioritizes atrisk communities in an area identified as having high or very
high wildfire hazard potential, are
low-income, or have been
impacted by a severe disaster that
affects the risk of wildfire. The
program provides funding to
communities for two primary
purposes:
• Develop and revise
Community Wildfire
Protection Plans (CWPP).
• Implement projects
described in a Community
Wildfire Protection Plan that
is less than ten years old.

TBD – NOFO
Expected Early
June
Gary Sinise
Foundation
Strengthen our
Defenders Grant
No Min/Max
No Match
Through the Gary Sinise
Foundation’s First Responders
Outreach, we provide help to
critical funding for emergency
relief, training, and essential
equipment to ensure these heroes
perform to the best of their abilities.

Ongoing
Parks and Recreation
Name Awards & Match Description Timeline
California Department
of Parks and
Recreation
Land Water
Conservation Fund
(LWCF)
Total Available:
$30,000,000
No Min Award
Max Award:
$6,000,000
50% Match
Required
Land and Water Conservation
Fund (LWCF) grants provide
funding for the acquisition or
development of land to create new
outdoor recreation opportunities for
the health and wellness of
Californians.

June 1, 2023
California Department
of Parks and
Recreation
No Min Award The Habitat Conservation Fund
provides grants to local entities to
protect fish, wildlife, and native
June 15, 2023

Habitat
Conservation Fund
(HCF)
Max Award:
$2,000,000
50% Match
Required
plant resources, to acquire or
develop wildlife corridors and trails,
and to provide for nature
interpretation programs and other
programs which bring urban
residents into park and wildlife
areas.

California Department
of Parks and
Recreation
Recreational Trails
Program (RTP)
No Min. Award
Max Award:
$2,000,000
12% Match
Required
Administered by the Department of
Parks and Recreation and the
California Department of
Transportation, the program
provides funding for recreational
trails and trails-related projects.

June 15, 2023
California Department
of Parks and
Recreation
Outdoor Equity
Program
Min Award:
$20,000
Max Award:
$700,000
No Match
Required
Awarded through the new Outdoor
Equity Grants Program, the funding
helps establish hubs for local
activities and trips to natural areas
for underserved communities. The
program also empowers youth and
families with outdoor leadership
education, career pathways,
environmental justice engagement,
and access to nature.

Draft guidelines
to be released
Spring 2023,
with a Fall 2023
deadline
Arts/Humanities
Name Awards & Match Description Timeline
CalHumanities
Humanities for All
Quick Grant
Min Award:
$1,000
Max Award:
$5,000
No Match
Required
Quick Grants are awarded three
times a year to small-scale public
humanities programs and projects
which take place within one year
from the award date. Projects
should be grounded in the
humanities, show potential to
provide high quality humanities
learning experiences for
participants and audiences, and
demonstrate capacity for
successful implementation.

Opens June
2023

Community Development
Name Awards & Match Description Timeline
California State
Library
Building Forward
Library
Infrastructure Grant
Max Award:
$10,000,000
Match varies by
LIPC
The Building Forward Library
Infrastructure Grant Program
provides California’s public
libraries with support for capital
projects addressing critical
maintenance needs, improving
energy efficiency and
sustainability, and expanding
access digitally and physically.

May 18, 2023
US Department of
Agriculture, Forest
Service
Urban and
Community Forest
Program
Total Program
Funding available:
$1,000,000,000
Min Award:
$100,000
Max Award:
$50,000,000
The Forest Service making up to
$1 billion available in Urban and
Community Forestry competitive
grants for investments that provide
equitable access to trees and
green spaces and the benefits they
provide. The funding opportunity is
open to proposals spanning a
broad range of investments
working at a community, regional,
and national scale.

June 1, 2023
California Interagency
Council on
Homelessness
Encampment
Resolution Fund
Total Program
Funding available:
$50,000,000
These grant program funds are
available to assist local
jurisdictions in ensuring the
wellness and safety of people
experiencing homelessness in
encampments by providing
services and supports that address
their immediate physical and
mental wellness and result in
meaningful paths to safe and
stable housing. Projects also focus
on sustainable restoration of public
spaces to their intended uses while
safeguarding the needs of the
unhoused people seeking shelter.

June 30, 2023

CA Department of
Housing and
Community
Development
Project Homekey
Round 3
Project Max Varies
No Match
Required
Project Homekey is an opportunity
for state, regional, and local public
entities to develop a broad range of
housing types, including but not
limited to hotels, motels, hostels,
single- family homes and
multifamily apartments, adult
residential facilities, and
manufactured housing, and to
convert commercial properties and
other existing buildings to
Permanent or Interim Housing.

July 28, 2023
Pre-application
Project survey
is required.

WalMart
Local Community
Grant Program
Min Award: $250
Max Award:
$5,000
The Local Community Grant
program funds projects in the
areas of Community/Economic
Development, Diversity/Inclusion,
Education, Environmental
Sustainability, Health and Human
Service, Hunger Relief, Public
Safety, Quality of Life.

Organizations may submit a total
number of 25 applications and/or
receive up to 25 grants within the
2022 grant cycle.

Ongoing
AGENDA
Project Overview and Community Engagement Discussion
Upcoming Highway Projects in and around Guadalupe
Wednesday, May 3, 2023
3:30-5 pm
Location: City of Guadalupe
Attending: City of Guadalupe (Mayor Julian, Todd Bodem, Shannon Sweeney) SBCAG (Fred Luna, Marjie Kirn, Sarkes Kachek, Lauren Bianchi Klemann) Caltrans (David Silberberger, Ingrid McRoberts, Meg Henry, John Olejnik [virtual]) 1) Networking, Introductions, AV Setup (3:15-3:30)
2) Meeting Purpose
a. Project Overview
b. Background Details and City Priorities
(Caltrans staff – 10 minutes)
3) Overview of Projects
(Fred Luna, Caltrans staff – 20 Minutes)
4) Discussion – Key Topics
a. Taylor Farms/155 Obispo
b. UPRR
(Roundtable – 10 minutes)
5) Hwy 166 Project Coordination
a. Coordinated CT/SBCAG/Pasadera Improvements
b. Timeline for Hwy 166 CAPM (05-1M310)
(Roundtable – 30 minutes)
6) Next Steps/Follow Up Meeting
(Roundtable – 10 minutes)
7) Close – Thank you
Mike Lew – Caltrans Project Manager (805-835-6341)
Meg Henry – Caltrans Project Manager (805-441-3792)
Genaro Diaz – Caltrans Project Manager (805-721-2365)
ATTACHMENT 6

Agenda Item No. 10

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of May 9, 2023
Philip F. Sinco
Prepared by:

Philip F. Sinco, City Attorney
SUBJECT: Fee Waiver Request for Use of City Auditorium (Kids Come First Foundation) RECOMMENDATION:

That the City Council waive or reduce the fees for the Kids Come First Foundation to use the City Auditorium for its May 11, 2023, event.

BACKGROUND:

The issue of the appropriate amount of fees charged to non-profit organizations based in the City of Guadalupe to use City facilities has come up for discussion before the City Council several times; and unfortunately, the Council has not provided City staff with clear guidance. For that reason, while staff is recommending that the City Council waive (or reduce) the fees for the Kids Come First Foundation to use the City Auditorium for its event to be held on May 11, 2023, staff is also requesting that the City Council give specific guidance and direction to City staff at the upcoming joint meeting of the City Council and the Recreation and Parks Commission planned to be scheduled later this month. The plan for this meeting was already to discuss the facilities fee schedule, so it would be appropriate to also discuss and provide guidance on a policy concerning fee waivers.

The issue of the appropriate amount to charge City-based non-profit organizations to use the City’s facilities was directly addressed to the City Council at its meeting on July 24, 2018. At that meeting, the staff report stated:

In two previous Council meetings regarding the Master Fee Schedule – Part 2, Section B-1, ‘Park & Facility Use Special Events’ was not presented and considered at either meeting “due to additional review needed” and that B-1 would “come back to Council at a later date.…’
The primary concern raised on the increased fees was focused on the youth groups/organizations and non-profits. Meetings have been held with all those groups. The City supports youth recreation and events being held at our facilities and parks. However, those facilities and parks must be maintained and the City’s financial state is such that there isn’t sufficient revenue to do so. Individuals and

groups will need to pay a fair fee to help maintain the upkeep of the auditorium/gym and City parks. Previously, the City did not charge any fee to nonprofit groups (501C3), government/agencies, schools and youth groups/organizations.

A little less than two years later, a staff report provided for the Council’s March 10, 2020, meeting, advised that at a recent Recreation and Parks Commission meeting:
… the primary concern raised on the increased fees was focused on the youth groups/organizations and non-profits. While past practice had allowed these groups to use City facilities and parks free of charge, the City recognizes it can no longer continue doing so. The City auditorium/gym, council chambers, other city facilities, and parks are in serious need of repair. Meetings had been held with all those groups to discuss the rationale behind the increased fees.

Our facilities and parks must be maintained to be used as venues to support youth recreation and events in our community. Unfortunately, the City’s financial state is such that there isn’t sufficient revenue to do so. Individuals and groups will now need to pay a fair fee to help maintain the upkeep of the auditorium/gym and parks.

Obviously, this has been a long-standing and difficult issue for the City Council. On one hand, the work done by the City’s non-profits is important and, as non-profits, their funds are limited and charging them fees takes away funding they can use to serve their missions. On the other hand, the City is not recovering fair value for allowing the non-profits to use the City’s facilities, which is counter-productive in the long run since this reduces the funds necessary for the City to adequately maintain its facilities.

The City’s Master Fee Schedule – Part 2, Section B-1 sets forth the fees that are supposed to be charged for the use of various City facilities, but the amount of these fees is not the focus of this report, and indeed, are almost irrelevant for the purposes of this report. The amount of the fees will be discussed at the upcoming joint meeting of the City Council and the Recreation and Parks Commission. The sole question being addressed to the Council at this time is whether a fee waiver (or reduction) be granted to the Kids Come First Foundation for the use of the City Auditorium at its event on May 11, 2023.

DISCUSSION:

This request for a fee waiver for the Kids Come First Foundation is being presented to the Council at the behest of Mayor Julian, who advised the City Administrator and the City Attorney that he had “heard that the [Kids Come First] Foundation has requested the use of the Auditorium for one hour and that, unconfirmed, the cost would be $800 with deposits returned, use, etc.” which he believed was inappropriate. Mayor Julian believed that the City Administrator has the authority to grant fee waivers, but the City Attorney determined that only the Council had this authority, which necessitated bringing this item for the Council’s consideration.

According to City staff, the $800 cost was based on the Master Fee Schedule and consisted of the following charges:

$ 50 flat rental rate (residents are charged $90/hr. and non-residents are charged $110/hr.) $100 reservation “lock-in” fee (non-refundable)
$150 fee for a building attendant
$500 deposit as a “cleaning fee” ($250 refundable, $250 non-refundable) $800
Although all these fees are listed on the Master Fee Schedule, there are some questions as to “interpretation.” For example, while the $100 “lock-in” fee is non-refundable, this fee is charged in addition to all other fees. The rationale for the non-refundable lock-in reservation fee is so that the City can recover some amount if a member of the public reserves the facility but cancels the reservation, thus possibly denying the City the opportunity to rent it to another member of the public (which would benefit both the other member of the public and the City). However, it is unclear whether this $100 reservation fee should be applied to (and deducted from) the total rental cost if the member of the public follows through with the rental and does not cancel. Staff has interpreted the fact that this fee is “non-refundable” under all circumstances and that it is not a deposit towards the total cost of the rental. Either interpretation is plausible, and Council direction on this matter is appropriate.

One of the things the City Council and the Recreation and Parks Commission might want to consider for a policy concerning rental fees at their joint meeting is whether this non-refundable reservation fee should be increased to a higher amount, say $500, but allow it to be applied to the total cost of the rental if the reservation is not cancelled. It is fair to say that the City keeping $100 for a last-minute cancellation of a facility rental does not adequately compensate the City for the loss of revenue it might have otherwise been able to obtain by offering the facility to another member of the public, and the loss of $100 is not a significant deterrent for a potential renter to cancel a reservation. Perhaps, further, if instead of a non-refundable lock-in fee, a higher amount is required to reserve a facility, and all of it is refundable if cancelled within a short period after the reservation is made, with less and less refundable as the date of the event gets closer until some date is reached where the deposit is completely non-refundable. This serves as a deterrent to a last-minute cancellation, provides better compensation to the City for the lost revenue that results from a cancelled event, and does not “punish” a renter whose event takes place as scheduled with an “additional” fee since the reservation deposit would be applied to the total cost of the rental.

Another fee that is subject to interpretation is the fee for the “building attendant.” According to one possible interpretation, this fee might only apply for events where alcohol is being served. On the other hand, City staff strongly feels that the Council gave direction that a building attendant be present at ALL events (whether alcohol is served or not) because the Council wanted to move away from a past practice of providing keys to City facilities to nonprofits who thus be able to open and lock up the facility afterwards. Moreover, while from the point of view of a nonprofit, the $150 fee for a building attendant may be excessive, City staff would like to see this fee increased since it does not typically cover the actual cost of providing a building attendant for an event.

The fee charged for a building attendant, as well as when a building attendant is required, are issues that should probably be discussed at the upcoming joint meeting. Certainly, there are times when the presence of a building attendant should be required, and the renter should pay for that. This is

especially the case when the event is a one-time event. It is possible, however, that there may be other times when this requirement can be dispensed with (e.g., for regularly occurring events such as weekly sports team practices). One concept that was discussed at the March 10, 2020, Council meeting concerning fees charged to nonprofits was the possibility that “approved” nonprofits would enter memorandums of understanding (MOU) with the City that would provide the terms and conditions of the nonprofit’s use of a facility. Certain provisions of a MOU could include requiring the nonprofit to name the City as an additional insured on their insurance policies and to require adequate coverage in the event the use by the nonprofit results in damage to a City facility. Perhaps, in lieu of fees, a nonprofit might be willing to provide cleaning after its events (subject to City inspection and approval). Entering individual MOUs with individual nonprofits would be time consuming on the part of staff but might ultimately be worth it in the long run as this may be a way to resolve quite a few issues involving the fees charged to nonprofits for their use of City facilities.

Finally, as the Mayor advised the City Administrator and the City Attorney in his email concerning this matter, he believes that there is a difference between schools (or supporting programs for schools) and nonprofit organizations (asking for fee waivers/reductions). He also believes that this issue could be the impetus to start negotiations on something he has long advocated for, namely, a joint use agreement for facilities with the Guadalupe Union School District.

The Council could certainly make a distinction between schools (or other public entities) and nonprofit organizations and provide for free use or a differing fee schedule. There are many ways to justify such a distinction. Moreover, the Mayor appears to be correct that this issue is a good way to open up (or continue) the conversation with the GUSD for an agreement to allow joint use of the GUSD’s and the City’s facilities for their mutual benefit.

Much of the foregoing will be more appropriate discussed during the upcoming joint meeting between the City Council and the Recreation and Parks Commission. It was provided to assist the City Council with its decision whether to waive or reduce fees for the Kids Come First Foundation event on May 11, 2023.

FISCAL IMPACT:

The waiver of fees will result in a loss in revenue to the City in an amount less than $1,000. A reduction in the fees would result is a lesser loss of revenue.

ATTACHMENTS:

None.

Agenda Item No. 11

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of May 9, 2023
_______________________________ _________________________________ Prepared by: Approved by:

Shannon Sweeney Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: Elevated Tank Painting
RECOMMENDATION:

That City Council provide direction to staff on next steps for the elevated tank painting.

DISCUSSION:

Providing public art on the elevated water tank is a required element of the State Parks grant for the Central Park Renovation Project. Staff discussed a potential approach to this element with the Recreation and Parks Commission on May 2, 2023. Since this staff report was prepared in advance of that meeting, Recreation and Parks Commission’s input was not available to include in the staff report, but will be presented by staff at the May 9 meeting.

The elevated tank is in need of coating maintenance, as identified in a 2018 and May 28, 2021, inspection report for this facility. Staff went out to bid to complete this project. Bids in June 2020 ranged from $430,100 to $1,567,400. At the time, City Council rejected all bids, on the basis that the tank is not required for water storage needs and funding was not available and not programmed into the water rates. $200,000 has since been programmed into the rate study (completed before bids were solicited).

The artwork being considered is shown in the image below and is consistent with the imagery provided on the new electric bus. City staff has requested that the State Parks grant administrator weigh in on whether this constitutes public art, as required by the grant.

The elevated tank is subject to a lease with various cell phone providers that have equipment mounted on the water tower structure. City staff has been working with an attorney well versed in cell tower leases who has reviewed the existing agreement, and indicated that it is likely that the City will have to pay for the temporary relocation of the existing antennas on the tank during the coating project. The attorney estimates that this will cost approximately $70,000 per service company, or an estimated total of $350,000.

Shannon Sweeney

The Central Park Renovation project 50% engineer’s estimate for elements including a recreation climbing structure, landing pad, and public art on the water tower is estimated at $924,213.97. This amount has already been incorporated in the provision project budget.

Although the water tank is still not required for water storage, it continues to be used as such, and therefore it is appropriate for some water funds be applied to maintenance of this facility. The addition of the available grant funding and the programmed funding may be sufficient to accomplish both the base coating and the public art, as well as the costs to temporarily move the antennas to be able to complete this work.

If City Council is interested in pursuing this work, it is recommended that it be bid out for construction in the very new future, so that relocation of the antennas and scaffolding for the elevated tank work do not interfere with Central Park Renovation project construction. In addition, City staff will need to engage with the owner of the cell tower agreement in order to facilitate the work necessary to address the existing antennas, as they are impediments to this coating work. A draft letter is attached.

FISCAL IMPACT
The combination of the program funds and the grant funding allocated to public art on the water tower should be sufficient to complete this project. If City Council recommends proceeding, these funds will be budgeted for Fiscal Year 23-24 budget. The water fund cash balance as of March 31, 2023, is $2,688,070.10 and can easily accommodate this project.

Agenda Item No. 12

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of May 9, 2023

_______________________________ _________________________________ Prepared by: Approved by:

Shannon Sweeney Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: Adoption of a Resolution approving a contract with Roesling Nakamura Terada (RNT) Architects in the amount of $272,592.90 for the development of the City of Guadalupe Facilities Master Plan.

RECOMMENDATION:

That the City Council adopt a resolution approving a contract with RNT Architects in the amount of $$272,592.90 for the development of the City of Guadalupe Facilities Master Plan.

BACKGROUND:

The City of Guadalupe goal statement for fiscal year 22-23, City Council Ranked Priorities, number 1C includes “prioritize City facilities in urgent need of City repair and identify costs and timing for all municipal facilities, including the library.”
The most common way to accomplish this is the development of a Facility Master Plan. The elements of a Facilities Master Plan include evaluating existing facilities, identifying deferred maintenance tasks that need to be folded into the workload and budget, pointing out repair projects necessary to continue using existing facilities, reviewing future City staffing needs based on City population buildout and how to accommodate those staff, assessing current uses of existing buildings and developing a plan for maximizing the use of those buildings to meet City needs, and finally developing a plan for future needs.

This is a very comprehensive exercise that will result in a roadmap for how to operate, maintain, and construct necessary facilities well into the future. $90,000 was budgeted in the fiscal year 22 – 23 budget to complete this task.

City staff prepared a Request for Proposals (RFP) and issued it on March 24, 2023, by mailing it to five qualified consultants, posting it on the City’s website, and advertising in the local paper. Proposals were due Thursday, April 20, 2023. One proposal was received, from RNT Architects.

DISCUSSION:

Development of a Facilities Master Plan is more involved than City staff originally expected, hence the discrepancy between the budgeted amount and the proposal price. I spoke with the City Administrator, Finance Director, and Recreation Manager to discuss the appropriateness of the Shannon Sweeney

scope and desired outcome. All agreed that although the cost was more than expected, the City needs this evaluation to be conducted to inform staff to make cost-effective decisions about its facilities in the future.

Since only one proposal was received, I reviewed the consultant’s references. The City of Grover Beach is currently going through this same exercise with the same consultant. I spoke with the city’s project manager. She said that the consultant is experienced, competent, and thorough, and that she is very pleased with their work. They only received two proposals for this work, and this consultant’s proposal was superior. I verified that the proposed cost is in line with what would be expected for this work. The cost of our proposal is higher, but in line, with theirs, due to the greater age and number of our facilities to be evaluated.

FISCAL IMPACT:
$90,000 was originally budgeted for this project. Additional funding is necessary to proceed. Since one of the elements of this project is to help site the library, City staff is requesting that $30,000 of ARPA funds allocated for library relocation be transferred to this task. In addition, City staff is requesting that the $165,000 of APRA funding allocated for the paving of the west parking area at Leroy Park be transferred to this project, as current FEMA discussions suggest that the paving project may be funded with FEMA mitigation funds. If fund transfer requests are granted, $285,000 will be available for this project, allowing for a four percent contingency.

Completion of this project will result in a roadmap for future needs. Such a document is invaluable for seeking out grant funding for critical facilities, including the library. While pricey, this exercise is likely to help bring in significant funding for future facility projects.

ATTACHMENTS:

1. Resolution No. 2023-35 contract with RNT Architects for City of Guadalupe Facilities Master Plan

2. Agreement with RNT Architects

RESOLUTION NO. 2023-35

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE

APPROVING AN AGREEMENT WITH ROESLING NAKAMURA TERADA (RNT) ARCHITECTS FOR

DEVELOPMENT OF THE CITY OF GUADALUPE FACILITIES MASTER PLAN WHEREAS, the City budgeted $90,000 to develop a Facilities Master Plan, and WHEREAS, The City announced a Request for Proposals on March 24, 2023, and received one proposal by the deadline of April 20, 2023; and
WHEREAS, according to their references, this consultant is experienced, competent, and thorough in providing facilities master planning documents; and
WHEREAS, insufficient funding was budgeted for the proposed cost of $272,592.90; however, sufficient funding is available if $30,000 of ARPA funds allocated for the library relocation and $165,000 of ARPA funds allocated for the paving of the west parking area at Leroy Park are transferred to this task; and WHEREAS, use of APRA funds to prepare a Facilities Master Plan is an approved use since it is related to lost government revenues as a result of the COVID-19 public health emergency; and WHEREAS, the City Administrator, Finance Director, Recreation Manager, and Director of Public Works, all agree that despite the higher than expected cost, the development of such a Facilities Master Plan will help the cost-effective operation and maintenance of existing facilities and a provide roadmap for future needs that can facilitate the acquisition of grant funding to make necessary improvements.

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

Section 1. That the City Council of the City of Guadalupe adopt a resolution approving an agreement with RNT Architects in the amount of $272,592.90 for facilities master planning consulting services and granting the City Administrator the ability to approve payments up to 4% beyond the original cost proposal.

Section 2. That the City Council of the City of Guadalupe authorized the transfer of ARPA funds in the amount of $30,000 from the library relocation and $165,000 from the Leroy Park west parking lot paving to this project, and directs the Finance Director to amend the City’s FY 2022-23 budget accordingly.

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

PASSED, APPROVED AND ADOPTED at a regular meeting on the 9th day of May 2023 by the following vote:

ATTACHMENT 1

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. 2023-35, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held May 9, 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
City Atty Rev 8/21 1

AGREEMENT FOR CONSULTANT SERVICES

BETWEEN

THE CITY OF GUADALUPE
AND

ROESLING NAKAMURA TERADA (RNT) ARCHITECTS
THIS AGREEMENT FOR CONSULTANT SERVICES (the "Agreement") is made and entered into this 9 day of May, 2023, by and between the CITY OF GUADALUPE, a municipal corporation ("City") and RNT Architects, a California Corporation ("Consultant").

In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

Section 1. Term of Agreement. Subject to the provisions of Section 19 (Termination of Agreement) of this Agreement, the term of this Agreement shall be for a period of one (1) year from the date of execution of this Agreement, as first shown above. Such term may be extended upon written agreement of both parties to this Agreement.

Section 2. Scope of Services. Consultant agrees to perform the services set forth in Exhibit A (Scope of Services) and made a part of this Agreement.

Section 3. Additional Services. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to or outside of those set forth in this Agreement or listed in Exhibit A unless such additional services are authorized in advance and in writing by the City Council or City Administrator of City. Consultant shall be compensated for any such additional services in the amounts and in the manner agreed to by the City Council or City Administrator.

Section 4. Compensation and Method of Payment.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit A (Compensation) and made a part of this Agreement.
(b) Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by subcategory), travel, materials, equipment, supplies, subconsultant contracts, and miscellaneous expenses. City shall independently review each invoice submitted by Consultant to determine whether the work performed, and expenses incurred, are in compliance with the provisions of this Agreement and Scope of Services. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c).

ATTACHMENT 2
City Atty Rev 8/21 2
In the event City disputes any charges or expenses, City shall return the original invoice to Consultant with specific items in dispute identified for correction and re-submission.

All undisputed charges shall be paid in accordance with this Agreement and Scope of Services.
(c) Except as to any charges for work performed or expenses incurred by Consultant, which are disputed by City, City will cause Consultant to be paid within thirty (30) days of receipt of Consultant's invoice.
(d) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. (e) Consultant shall have the right to suspend services if not paid in accordance with this Agreement.

Section 5. Inspection and Final Acceptance. City may inspect and accept or reject any of Consultant's work under this Agreement, either during performance or when completed, if the work is found to be defective or not in compliance with the defined Scope of Services. Acceptance of any of the Consultant's work by City shall not constitute a waiver of any of the provisions of this Agreement, including but not limited to, Sections 15 and 16, pertaining to indemnification and insurance, respectively. Consultant agrees to cooperate in any such inspection.

Section 6. Ownership of Documents. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, paper files, and other documents prepared, developed or discovered by Consultant in the course of providing any services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Reuse of any materials outside the scope of this Agreement shall be at the sole risk of the City.

Section 7. Consultant's Books and Records.
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant's performance of services pursuant to this Agreement. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement.

Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently completed and detailed so as to permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) City Atty Rev 8/21 3
years from the date of execution of this Agreement and to the extent required by laws relating to the audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, upon reasonable notice during regular business hours, upon written request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant's address indicated for receipt of notices in this Agreement. The City shall compensate the Consultant for all costs associated with providing these materials to the City.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or destroyed due to dissolution or termination of Consultant's business, City may, by written request, require that custody of such documents or records be given to the requesting party and that such documents and records be maintained by the requesting party. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.

Section 8. Status of Consultant.
(a) Consultant is and shall at all times during the terms of this Agreement remain a wholly independent Consultant and not an officer, employee or agent of City.

Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
(b) The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control.

Neither City nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's officers, employees or agents are in any manner officials, employees or agents of City. (c) Neither Consultant nor any of Consultant's officers, employees or agents shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may have to any such rights.

City Atty Rev 8/21 4
Section 9. Standard of Performance. Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement.

Section 10. Compliance With Applicable Laws, Permits and Licenses.

Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement applicable to Consultant. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable at law or in equity as a result of any failure of Consultant to comply with this section.

Section 11. Nondiscrimination. Consultant shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, disability, marital status or sexual orientation in connection with or related to the performance of this Agreement.

Section 12. Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. sections 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney's fees, incurred by City.

Section 13. Conflicts of Interest. Consultant will comply with all conflict-ofinterest laws and regulations including, without limitation, the City’s Conflict of Interest Code (on file in the City Clerk’s Office). All officers, employees and/or agents of Consultant who will be working on behalf of the City pursuant to this Agreement, may be required to file Statements of Economic Interest with the Fair Political Practices Commission. Therefore, it is incumbent upon Consultant to notify that City of any staff changes relating to this Agreement.

A. In accomplishing the scope of services of this Agreement, all officers, employees and/or agents of Consultant, unless as indicated in Subsection B, will be performing a very limited and closely supervised function, and, therefore, City Atty Rev 8/21 5
unlikely to have a conflict of interest arise. No disclosures are required for any officers, employees, and/or agents of Consultant, except as indicated in Subsection B.
____________
Initials
B. In accomplishing the scope of services of this Agreement, Consultant will be performing a specialized or general service for the City, and there is substantial likelihood that the Consultant’s work product will be presented, either written or orally, for the purpose of influencing a governmental decision. As a result, Consultant shall be subject to Disclosure Category “1” of the City’s Conflict of Interest Code.

Section 14. Confidential Information; Release of Information. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Administrator, except as may be required by law.
(b) Consultant, its officers, employees, agents or subconsultants, shall not, without prior written authorization from the City Administrator or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories or other information concerning the work performed under this Agreement. A response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subconsultant of Consultant, provides any information or work product in violation of this section, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or sub consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this RR
City Atty Rev 8/21 6
Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant.

However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Consultant shall be compensated for all costs associated with complying with this section.

Section 15. Indemnification.
(a) City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "Indemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, defend, protect and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorney's fees and disbursements (collectively, "Claims") which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by Consultant's performance of or failure to perform any services under this Agreement or by the negligent or willfully wrongful acts or omissions of Consultant, its agents, officers, directors, sub consultants or employees, committed in performing any of the services under this Agreement. (b) For All Other Liabilities:
(1) City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "Indemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, defend, protect and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens excepting those placed due to non-payment to Consultant, or levies costs and expenses of whatever nature, including reasonable attorney's fees and disbursements (collectively, "Claims") which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by Consultant's performance of or failure to perform any services under this Agreement or by the negligent or willfully wrongful acts or omissions of Consultant, its agents, officers, directors, sub consultants or employees, committed in performing any of the services under this Agreement.

City Atty Rev 8/21 7
(2) If any action or proceeding is brought against Indemnitees by reason of any of the matters against which Consultant has agreed to indemnify Indemnitees as provided in (b)(1) above, Consultant, upon notice from City, shall defend Indemnitees at Consultant's expense by counsel acceptable to City, such acceptance not to be unreasonably withheld. The insurance required to be maintained by Consultant under Section 16 shall ensure Consultant's obligations under this section. The provisions of this section shall survive the expiration or earlier termination of this Agreement. (c) The provisions of this section do not apply to Claims occurring as a result of the City's negligence or willfully wrongful acts or omissions. (d) City agrees to indemnify Consultant for any such neglect or willfully wrongful acts committed by City or its officers, agents or employees.

Section 16. Insurance. Consultant agrees to obtain and maintain in full force and effect during the term of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work provided by Consultant, its agents, representatives, or employees in performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-:VII. All insurance policies shall be subject to approval by City as to form and content.

These requirements are subject to amendment or waiver, if so approved in writing by City Administrator. Consultant agrees to provide City with copies of required policies upon request.

Prior to the beginning of and throughout the duration of the Work, Consultant and its subconsultants shall maintain insurance in conformance with the requirements set forth below.

Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, Consultant agrees to amend, supplement, or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to Consultant or its subconsultants in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to City.

Consultant shall provide the following types and amounts of insurance. Without limiting Consultant’s indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City:

A. Minimum Scope of Insurance: Coverage shall be at least as broad as:

City Atty Rev 8/21 8
(1) Insurance Services Office Form Commercial General Liability coverage (Occurrence Form CG 0001).
(2) Insurance Services Office Form No. CA 0001 covering Automobile Liability, including code 1"any auto" and endorsement CA 0025, or equivalent forms subject to written approval of City.
(3) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers' Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons under this Agreement, along with a waiver of subrogation endorsement.
(4) Errors and omission liability insurance $1 million per claim, subject to $2 million annual aggregate appropriate to the Consultant's profession. (5) Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to CITY provided in Consultant’s Professional Liability Coverage and shall provide coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

B. Minimum Limits of Insurance: Consultant shall maintain limits of insurance no less than:
(1) General Liability Insurance: Consultant shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy shall provide or be endorsed to provide that City and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. This insurance and any umbrella or excess liability insurance shall be maintained for a minimum of three years or as long as there is a statutory exposure to completed operations claims, with the City and its officers, officials, employees, and agents continued as additional insured.
(2) Automobile Liability: Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property City Atty Rev 8/21 9
damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (3) Workers' Compensation and Employer's Liability: Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Consultant’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Consultant shall require each subConsultant to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subConsultant’s employees. Consultant shall submit to City. (4) Errors and Omissions Liability: $1,000,000 per claim as appropriate for the profession.
(5) Umbrella or excess liability insurance (if needed): Consultant shall obtain and maintain an umbrella or excess liability insurance that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability.

Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.

C. Other Provisions: Insurance policies required by this Agreement shall contain the following provisions:
(1) Notice of Cancellation: Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or other party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested has been given to City. (2) Primary/noncontributing: Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or City Atty Rev 8/21 10
be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
(3) City’s Rights of Enforcement: In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(4) Waiver of Subrogation: All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City and shall require similar written express waivers. (5) Enforcement of Contract Provisions (non estoppel): Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder.
(6) Requirements not Limiting: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (7) Prohibition of Undisclosed Coverage Limitations: None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (8) Separation of Insureds: A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.

City Atty Rev 8/21 11
(9) Pass through Clause: Consultant agrees to ensure that its subconsultants, subconsultants, and any other party involved with the project who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with consultants, subconsultants, and others engaged in the project will be submitted to City for review. (10) City’s Right to Revise Requirements: The City reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant a ninety (90) day advance written notice of such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation.
(11) Self-insured Retentions: Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(12) Timely Notice of Claims: Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(13) Additional Insurance: Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

Section 17. Assignment. The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under the Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant's duties or obligations under this Agreement without the prior written consent of the City Council. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement, entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize sub consultants.

Section 18. Continuity of Personnel. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the City Atty Rev 8/21 12
services required under this Agreement. Consultant shall notify City of any changes in Consultant's staff assigned to perform the services required under this Agreement, prior to any such performance.

Section 19. Termination of Agreement.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days' written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement at any time upon thirty (30) days' written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant's possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 4 of this Agreement.

This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 of this Agreement.

Section 20. Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default and may terminate this Agreement immediately by written notice to Consultant.

Section 21. Excusable Delays. Consultant shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Consultant. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of the City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

Section 22. Cooperation by City. All public information, data, reports and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in Exhibit A, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement.

City Atty Rev 8/21 13
Section 23. Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or United States mail, postage prepaid, addressed as follows:

To City: City Administrator
City of Guadalupe
918 Obispo Street
Guadalupe, CA 93434
To Consultant: Roesling Nakamura Terada Architects, Inc. 363 Fifth Avenue, Suite 202
San Diego, CA 92101
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

Section 24. Authority to Execute. The person or persons executing this Agreement on behalf of the Consultant represents and warrants that they have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.

Section 25. Binding Effect. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.

Section 26. Modification of Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

Section 27. Waiver. Waiver by any party to this Agreement of any term, condition or covenant of this Agreement shall not constitute a waiver of any other term, condition or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any provisions of this Agreement.

Section 28. Law to Govern; Venue. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Santa City Atty Rev 8/21 14
Barbara. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Los Angeles.

Section 29. Attorney's Fees, Costs and Expenses. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to any award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.

Section 30. Entire Agreement. This Agreement, including the attached exhibits, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement.

No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding. No amendment to this Agreement shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.

Section 31. Severability. If a term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby, and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

Section 32. Preparation of Agreement. This Agreement is the product of negotiation and preparation by and among the parties and their respective attorneys. The parties, therefore, expressly acknowledge and agree that this Agreement shall not be deemed prepared or drafted by one party or another, or any party's attorney, and will be construed accordingly.

CITY: Consultant:

CITY OF GUADALUPE
By:______________________________ By:_________________________________ Ariston Julian, Mayor
Title:_______________________________
APPROVED AS TO FORM:

By:_________________________________
__________________________________ Title:_______________________________ Phillip Sinco, City Attorney
Ralph Roesling
Principal
City Atty Rev 8/21 15

Agenda Item No. 13

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of May 9, 2023
_______________________________ _________________________________ Prepared by: Approved by:

Philip F. Sinco, City Attorney Todd Bodem, City Administrator SUBJECT: City Hall Parking Restrictions
RECOMMENDATION:

That the City Council:

1. Introduce on the first reading, and continue to its meeting of May 23, 2023, for second reading and adoption, Ordinance No. 2023-510 amending Chapter 10.24 of the Guadalupe Municipal Code to restrict twelve (12) designated parking spaces on the east side of Obispo Street between Ninth and Tenth Streets for the use of City of Guadalupe employees and to allow 20-minute limited public parking during hours and/or days of the week as specific by the City Council by resolution or by minute order; and

2. Adopt Resolution No. 2023-31 to establish preferential permit parking for City of Guadalupe employees for the twelve (12) designated parking spaces on the east side of Obispo Street between Ninth and Tenth Streets.

BACKGROUND:

In December 2022, City staff met with the Guadalupe Union School District (GUSD) and worked on several proposals to alleviate traffic congestion during morning and afternoon school hours at Mary Buren Elementary School. As part of this plan and in anticipation of possible parking issues on Obispo Street in front of City Hall, Chief Cash advised City staff that the police would be issuing parking permits to City employees only, and any vehicles parking in the marked “Employee Parking” spaces without a visible permit, would be subject to citation. A document illustrating his proposed plan for parking at City Hall is attached hereto (Attachment 1).

The traffic plan was implemented after the school year commenced in January 2023, but some concerns about it were mentioned by Councilmember Costa at the City Council meeting on January 24, 2023. He requested that this matter be placed on a future Council agenda. This occurred at the February 14, 2023, Council meeting, at which time the Council directed staff to meet with GUSD personnel again to discuss a revised plan and to return to the Council when a plan has been completed. This has not yet occurred.

Philip F. Sinco

The permit parking plan for City Hall was also part of the February 14, 2023, agenda item, but has also not yet been implemented because the City Attorney advised the City Council at the February 14, 2023, meeting that the City Council would need to approve any new parking regulations.

DISCUSSION:

There are currently 25 parking spaces on the east side of Obispo Street between Ninth and Tenth Streets in front of City Hall. The proposed City Hall parking plan (Attachment 1) involves designating twelve (12) of these parking places as parking for City employees only, and four (4) of them as 20-minute (limited time) public parking. The plan includes painting the curbs in front of the employee only spaces with “Employee Parking” in black letters (inside a white painted area) and painting the curbs green (with no lettering) for the 20-minute parking spaces. Finally, this plan proposes that a “20 Minute Parking” sign would be posted with arrows pointing north and south to indicate the limited time parking places. The existing handicap parking space will remain as it is as will eight (8) unrestricted public parking places.

The 20-minute parking sign on the proposed City Hall Parking Plan (Attachment 1) indicates that the hours the 20-minute limitation would be in effect would be from 8:30 a.m. through 5:30 p.m. and does not exempt weekend days or holidays. Since this plan was originally proposed, staff determined that the effective hours should be from 7:00 a.m. to 5:00 p.m. on Mondays through Fridays, except for holidays, and any posted sign(s) will provide this information. In addition, after further consideration, staff decided that the 20-minute parking places should be designated as 10-minute parking places instead but at the City Council meeting held on April 25, 2023, the City Council rejected 10-minute parking and directed staff to make these 20-minute limited time parking spaces. As staff had indicated at the April 25, 2023, meeting, the purpose of these four (4) limited-time parking places is to provide a convenient place those persons who need to access City Hall for a short period of time, such as for paying water bills or making a delivery. The City Council did not believe 10 minutes was sufficient to accomplish these purposes.

Although not stated in the proposed City Hall parking plan (Attachment 1), a permit system will also be implemented, and any vehicles parked in the employee only spaces that do not display a permit (during the hours of 7:00 a.m. through 5:00 p.m., Monday through Friday, except for holidays) will be subject to citation.

The state has assumed all legal authority for enacting laws concerning parking on public streets, but it has delegated much of this power to local jurisdictions.

California Vehicle Code section 22507 provides, in relevant part, as follows:
(a) Local authorities may, by ordinance or resolution, prohibit or restrict the … parking, or standing of vehicles, …. The ordinance or resolution may include a designation of certain streets upon which preferential parking privileges are given to residents and merchants adjacent to the streets for their use and the use of their guests, under which the residents and merchants may be issued a permit or permits that exempt them from the prohibition or restriction of the ordinance or resolution….

(b) An ordinance or resolution adopted under this section may also authorize preferential parking permits for members of organizations, professions, or other designated groups, including, but not limited to, school personnel, to park on specified streets if the local authority determines that the use of the permits will not adversely affect parking conditions for residents and merchants in the area.
"The initial grant of power in [California Vehicle Code] section 22507 broadly empowered localities to regulate parking within their jurisdictions. The subsequent statutory amendments to section 22507 have expanded rather than restricted the powers accorded local government over parking matters." (Friedman v City of Beverly Hills (1996) 47 Cal.App.4th 436, 443). This case is cited as support for the City Council to enact the proposed changes discussed above, even though the authority granted by Section 22507 does not clearly state that a city can limit public parking spaces on a public street to a city’s employees only. Since Section 22507 provides that a local government can designate public parking on public streets for the use of residents or merchants, or to “other designated groups, including but not limited to school personnel,” and in light of the “grant of power” given to cities to regulate parking within their jurisdictions in general, it appears to be within the authority of a city to limit some public parking spaces for the use of its employees only, so long as the use of permits for such purpose “will not adversely affect parking conditions for residents and merchants in the area.” Based on the foregoing, the City Council is empowered to designate some public parking spaces on Obispo Street for the use of City employees if it makes the required findings that by doing so, parking conditions for residents in the area will not be adversely affected. Staff does not believe that designating about one-half of the available parking on the east side of Obispo Street between Ninth and Tenth Streets for City employees will adversely impact parking conditions for residents (since the entire west side of Obispo Street between Ninth and Tenth Streets is available for residents to park) or merchants (because there are not businesses operating in this area).

There is currently no provision in the Guadalupe Municipal Code (GMC) for permit parking, but as stated in Vehicle Code section 22507 (quoted above), the City Council is authorized to establish permit parking by ordinance or by resolution. The City Council approved a “pilot program” for preferential residential parking at its meeting on July 12, 2022, by resolution, to provide relief to residents who reside in the 1000 block and who do not have onsite parking to apply based on hardship for permits to park on Guadalupe Street during restricted hours (except during the hours designated for street sweeping), and staff is recommending that the Council adopt Resolution No. 2023-31 (Attachment 2) establishing preferential permits for the benefit of City employees to park on Obispo Street in front of City Hall.

In addition to this resolution, City staff is recommending that the Council approve an ordinance (Attachment 3) that will amend Section 10.24.090 of the GMC to allow 20-minute limited time parking during whatever hours and/or days of the week the City Council may specify by resolution or by a minute order. Currently, the City’s Municipal Code only allows for 20-minute limited parking during the hours of 9:00 a.m. – 6:00 p.m., Sundays and holidays excepted, and when the City Council directed that the limited public parking time for the four (4) designated spaces at City Hall be changed from 10-minute to 20-minute parking, the City Attorney advised that the proposed ordinance would need to be changed to allow 20-minute parking at varying hours and/or days. The City Council directed the City Attorney to

make the necessary changes to the proposed ordinance and bring them back to the Council at a future meeting rather than make these changes at the April 25th meeting.

Finally, so that the Guadalupe Police Department may issue citations for vehicles parked in the employee only spaces on Obispo Street without a displayed parking permit, a new section is needed to be added to Chapter 10.24 of the GMC. This new section is Section 10.24.085 which creates a City Hall parking district (similar to the Downtown parking district of GMC Section 10.24.080). This is because Section

10.24.130 provides that penalties for parking violations (i.e., citations/fines) may only be issued for violations of GMC sections 10.24.080 through 10.24.120.

FISCAL IMPACT
Approval of the ordinance and resolution will result in insignificant impacts to the general fund related to posting signs and painting of curbs.

ATTACHMENTS:

1. City Hall Parking Plan

2. Resolution No. 2023-31

3. Ordinance No. 2023-510 entitled “An Ordinance of the City of Guadalupe Amending Chapter 10.24 of the Guadalupe Municipal Code Regarding Stopping, Standing, and Parking.” Proposed New Parking Layout for City Hall
918 Obispo St, Guadalupe CA 93434
Note:
- One Handicap parking on the South end (Ninth St / Obispo St) (Standard Handicap painting) (Already existing) - 12 Employee parking spaces. 6 on the south side and 6 on the north side (White Curb with 4” black letters “Employee Parking”) - 4 – 20 Min Parking in the center (in front of City Hall main door) (Paint Curb Green with 4” white Letters “20 Min Parking”) - 8 Public Parking Spots split 4 on either side of the “20 Min Parking.” (Unpainted curb, no lettering) - Add Post with a sign for 20 Min Parking
Employee Parking Public Parking 20 Min Parking Public Parking Handicap Parking Employee Parking
ATTACHMENT 1

RESOLUTION NO. 2023-31

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA,

ESTABLISHING PREFERENTIAL PERMIT PARKING FOR CITY OF GUADALUPE EMPLOYEES ON

THE EAST SIDE OF OBISPO STREET BETWEEN NINTH AND TENTH STREETS WHEREAS, under California Vehicle Code §22507, cities may by resolution designate streets upon which adjacent businesses and residents and their guests as well as other designated groups, including but not limited to school personnel, may have preferential parking privileges via a permit system, while other parking is restricted; and
WHEREAS, Section 22507 initially broadly empowered localities to regulate parking within their jurisdictions, and amendments to this section have expanded rather than restricted the powers accorded local government over parking matters (See, Friedman v City of Beverly Hills (1996) 47 Cal.App.4th 436, 443); and
WHEREAS, even though the authority granted by Section 22507 does not clearly state that a city can limit public parking spaces on a public street to a city’s employees only, since Section 22507 provides that a local government can designate public parking on public streets for the use of residents or merchants, or to “other designated groups, including but not limited to school personnel,” and in light of the “grant of power” given to cities to regulate parking within their jurisdictions in general, it appears to be within the authority of a city to limit some public parking spaces for the use of its employees only, so long as the use of permits for such purpose will not adversely affect parking conditions for residents and merchants in the area; and WHEREAS, the City Council has reviewed a proposed parking plan for the area near the Guadalupe City Hall located at 918 Obispo Street, and specifically for the 25 parking spaces located on the east side of Obispo Street between Ninth and Tenth Streets, which plan includes designating 12 of the 25 parking spaces for City of Guadalupe employee parking only during the hours of 7:00 a.m. through 5:00 p.m. on Mondays through Fridays, except for legal holidays observed by the City of Guadalupe; and
WHEREAS, Section 22507 requires that signs or markings giving adequate notice of the permit parking system must be posted before the resolution applies; and WHEREAS, the City Council wishes to establish a preferential parking permit program to be administered by the Director of Public Safety or his or her designee that will allow City of Guadalupe employees to park in the 12 designated City employee only parking places on the east side of Obispo Street between Ninth and Tenth Streets, which program will require the permit to be displayed while the vehicle is parked, and any vehicle so parked without such permit displayed will be subject to citation by the Guadalupe Police Department pursuant to Guadalupe Municipal Code section 10.24.130.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Guadalupe:

ATTACHMENT 2

SECTION 1: The east side of Obispo Street between Ninth and Tenth Streets is hereby designated as a street on which preferential parking permits may be issued to City of Guadalupe employees to park in 12 of the 25 public parking spaces designated by signs and markings as “Employee Parking” spaces from 7:00 a.m. through 5:00 p.m. on Mondays through Fridays, except for legal holidays observed by the City of Guadalupe.

SECTION 2: The use of preferential parking permits for the purpose of providing parking for City of Guadalupe employees only from 7:00 a.m. – 5:00 p.m., Monday-Friday, except for holidays observed by the City of Guadalupe, will not adversely affect parking conditions for residents and merchants in the area because ample parking for residents is available on the west side of Obispo Street between Ninth and Tenth Streets, and there are no merchants in the immediate vicinity.

SECTION 3: The Director of Public Safety or designee is authorized and directed to post signs and markings giving notice of the designation and restrictions.

SECTION 4: The Director of Public Safety or designee is authorized and directed to issue permits to City employees who work at the Guadalupe City Hall.

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.

PASSED AND ADOPTED at a regular meeting of the City Council of Guadalupe held on May 9, 2023, by the following roll call 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 C.C. Resolution No. 2023-31 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held on May 9, 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
ORDINANCE NO. 2023-510
AN ORDINANCE OF THE CITY OF GUADALUPE AMENDING SECTION 10. OF CHAPTER 10.24 OF THE GUADALUPE MUNICIPAL CODE REGARDING

STOPPING, STANDING, AND PARKING
WHEREAS, City staff met with the Guadalupe Union School District (GUSD) and worked on several proposals to alleviate traffic congestion during morning and afternoon school hours at Mary Buren Elementary School in December 2022, and is still continuing to work with GUSD concerning a traffic plan (as directed by the City Council at its meeting on February 14, 2023); and WHEREAS, as part of this plan and in anticipation of possible parking issues on Obispo Street in front of City Hall, staff proposed that parking permits be issued to City employees only for certain designated spaces, and any vehicles parking in the marked “Employee Parking” spaces without a visible permit, would be subject to citation; and
WHEREAS, part of this plan, some parking spaces were designated to be limited time parking places; and
WHEREAS, under California Vehicle Code section 22507, a city council may designate streets upon which adjacent businesses and residents and their guests as well as other designated groups, including but not limited to school personnel, may have preferential parking privileges via a permit system, while other parking is restricted; and WHEREAS, Section 22507 initially broadly empowered localities to regulate parking within their jurisdictions, and amendments to this section have expanded rather than restricted the powers accorded local government over parking matters (See, Friedman v City of Beverly Hills (1996) 47 Cal.App.4th 436, 443); and
WHEREAS, even though the authority granted by Section 22507 does not clearly state that a city can limit public parking spaces on a public street to a city’s employees only, since Section 22507 provides that a local government can designate public parking on public streets for the use of residents or merchants, or to “other designated groups, including but not limited to school personnel,” and in light of the “grant of power” given to cities to regulate parking within their jurisdictions in general, it appears to be within the authority of a city to limit some public parking spaces for the use of its employees only, so long as the use of permits for such purpose will not adversely affect parking conditions for residents and merchants in the area; and WHEREAS, Vehicle Code section 21458 allows a city council to limit the amount of time a vehicle can be parked in a designated public parking place; and WHEREAS, the City Council has reviewed a proposed parking plan for the area near the Guadalupe City Hall located at 918 Obispo Street, and specifically for the 25 parking spaces located on the east side of Obispo Street between Ninth and Tenth Streets, which plan includes ATTACHMENT 3
designating 12 of the 25 parking spaces for City of Guadalupe employee parking only during the hours of 7:00 a.m. through 5:00 p.m. on Mondays through Fridays, except for legal holidays observed by the City of Guadalupe, and designating four (4) of these parking spaces for 10-minute limited time parking during the hours of 7:00 a.m. through 5:00 p.m. on Mondays through Fridays, except for legal holidays observed by the City of Guadalupe; and WHEREAS, at the City Council meeting held on April 25, 2023, the City Council considered the proposed parking plan for City Hall but rejected the 10-minute limited parking, directing staff instead to limit the parking in the designated four (4) limited time parking spaces at City Hall to 20 minute; and
WHEREAS, also, because the City Council approved of the hours from 7:00 a.m. through 5:00 p.m. (Monday - Friday, except for holidays) for the 20-minute limited time parking at City Hall, it directed that Section 10.24.090 of the Guadalupe Municipal Code be amended to allow 20- minute limited time public parking during specific hours and/or days as determined by City Council resolution or minute order, rather than hours and/or days set forth in this section; and WHEREAS, it is also necessary to add a new section to Chapter 10.24 for violations of the “employee only” parking provisions of the proposed plan.

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

SECTION 1. Section 10.24.085 is hereby added to Chapter 10.24 of the Guadalupe Municipal Code to read as follows:

10.24.085 Parking—City Hall district—Designated spaces for City employees only.

It is unlawful for any person, except a City of Guadalupe employee who has been issued a permit by the Director of Public Safety or designee, to park any vehicle in a parking space designated as “Employee Parking” on the east side of Obispo Street between Ninth and Tenth Streets during the hours between 7:00 a.m. through 5:00 p.m. of any day except Saturdays, Sundays, or legal holidays observed by the City of Guadalupe. Signs shall be erected, and the curbs shall be painted with black letters, designating the restricted parking spaces under the provisions of this section as “Employee Parking.”
SECTION 2. Section 10.24.090 of Chapter 10.24 of the Guadalupe Municipal Code is hereby amended to read as follows:

10.24.090 Parking—Twenty minute Limited time areas—Green marking.

The City Council shall have the power to locate and designate parking spaces upon the public streets of the City, in which it is unlawful for any person to park any vehicle for a period longer than 20 minutes between the hours of 9:00 a.m. and 6:00 p.m., Sundays and legal holidays excepted and/or days of the week as specified , by resolution or by an order duly entered in the minutes of a regular or adjourned regular meeting. Such spaces so located and designated shall be painted with green paint on the curb surface and plainly marked “20 minute parking.” It is unlawful for any person to park any vehicle in any space so located, designated, painted, and marked as provided in this section for a period longer than 20 minutes.

SECTION 3. 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 4. The City Council declares that each section, subsection, paragraph, subparagraph, sentence, clause, and phrase of this Ordinance is severable and independent of every other section, subsection, paragraph, subparagraph, sentence, clause, and phrase of this Ordinance. If any section, subsection, paragraph, subparagraph, sentence, clause, or phrase of this Ordinance is held invalid, the City Council declares it would have adopted the remaining provisions of this Ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this Ordinance should remain in effect after the invalid portion has been eliminated.

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

INTRODUCED at a regular meeting of the City Council on the 9th day of May 2023, by the following roll call vote: Motion
AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Amelia Villegas, City Clerk

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

Agenda Item No. 14

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of May 9, 2023
_______________________________
Prepared by:

Todd Bodem, City Administrator
SUBJECT: Resolution terminating the existence of a Local State of Emergency RECOMMENDATION:

That the City Council adopt Resolution No. 2023-36 terminating the local state of emergency ratified and declared 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. Thereafter, the City of Guadalupe as well as many other areas in California experienced large amounts of rain and some flooding, with the majority occurring on January 9, 2023. On that date, President Biden authorized an emergency declaration for the state of California as a result of the severe rainstorms and flooding that were occurring. During the afternoon on January 9, 2023, the County of Santa Barbara Executive Officer/Director of Emergency Services, Mona Miyasato, issued a proclamation of a local emergency as a result of heavy rains and flooding in the County.

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

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

During the night of January 9, 2023, and the early morning of January 10, 2023, the City Administrator/Director of Emergency Services consulted with the Director of Public Safety and concluded that the City’s streets and the facilities in the City of Guadalupe would continue to be impacted until the current storm pattern subsided, and even if the storm were to subside, there were

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

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

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.

Pursuant to Government Code section 8360(c), the City Council considered whether the local emergency declaration should continue at its meeting held on March 14, 2023. 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 had 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 March 14, 2023, Council meeting, heavy rains had occurred on on Friday, March 10, 2023, and had continued into Saturday, March 11, 2023. Even though this storm did not result in flooding in the City, the Council found that the heavy rain, and the possibility of additional rain in the foreseeable future, justified continuing the existence of a local emergency, which is what the City Council did at the March 14, 2023, Council meeting.

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.

Since the heavy rains that occurred on March 10-11, 2023, there have not been any significant rains, and none are anticipated. Moreover, the water levels of the Santa Maria and Sisquoc Rivers has fallen considerably in the last two months. Staff does not believe that there is a threat to public health, safety, or welfare from rains or floods at this time, and recommends that the City Council should terminate the local emergency.

FISCAL IMPACT:

None.

ATTACHMENT:

1. Resolution No. 2023-36 entitled “A Resolution of the City Council of Guadalupe Terminating the Existence of a Local State of Emergency.”
RESOLUTION NO. 2023-36

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE TERMINATING

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, on January 4, 2023, in anticipation of severe weather, Governor Newsom had declared a state of emergency in California; and
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 ATTACHMENT 1
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 future, thus justifying the continuing of the locally declared emergency; and WHEREAS, at its regular meeting on March 14, 2023, the City Council, pursuant to Government Code section 8630(c), reviewed the need for continuing the local emergency and found that there was still a continuing threat to public health, safety, and welfare to the residents of the City of Guadalupe from extreme weather and rain fall that had occurred, and might continue for the foreseeable future; and
WHEREAS, since the heavy rains on March 10-11, 2023, there have not been any further significant rain fall in the City of Guadalupe, the water levels in the Sisquoc and Santa Maria Rivers has fallen, and no significant rain is anticipated for the foreseeable future.

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, and in Resolution No. 2023- 20, adopted on March 14, 2023, concerning the existing of facts and circumstances justifying a declaration of a local emergency.

SECTION 2. Pursuant to Government Code section 8360, the City Council reviewed whether the local emergency should continue at its meeting on May 9, 2023, and found that the local emergency declaration could be terminated without negatively affecting the health, safety, and welfare of the public.

SECTION 3. Based on the above recitals and the information provided during the City Council meeting on this date, the local emergency initially proclaimed on January 10, 2023, and ratified by the City Council on January 17, 2023, is hereby terminated.

SECTION 4. This Order is effectively immediately upon adoption.

PASSED, APPROVED AND ADOPTED at a regular meeting on the 9th day of May 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. 2023-36, has been duly signed by the Mayor and attested by the City Clerk, all at a special meeting of the City Council, held May 9, 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

Agenda Item No. 15

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of May 9, 2023
_______________________________ _________________________________ Prepared by: Approved by:

Philip F. Sinco, City Attorney Todd Bodem, City Administrator SUBJECT: Appeal of Hearing Officer’s Decision on Compliance Order re: 866 Guadalupe Street RECOMMENDATION:

That the City Council deny, by resolution, the appeal filed by Jose Martinez and Ruben Dorado, the responsible party(ies), of a nuisance abatement order issued by the City’s hearing officer (Jack Owen) on a compliance order for a property located at 866 Guadalupe Street.

EXECUTIVE SUMMARY:

The owner/operator of the Guadalupe Café located at 866 Guadalupe St. (Jose Martinez) caused extensive construction work to be performed to rear portions of the property without obtaining required building permits. The work involved large amounts of concrete (apparently for a parking lot) and construction of a retaining wall/fence. It is unknown whether the concrete and retaining wall were constructed in compliance with state building code requirements, for example, whether the correct amount of rebar was used.

After becoming aware of this work done without required permits, City staff sent a notice of violation in December 2020. In addition to the concrete work and the installation of the retaining wall/fence, there were also violations related to: (1) the failure to provide the required amount of landscaping; (2) illegal structures (e.g., shreds) on the property; and (3) maintaining of fowl. The violation related to the keeping of fowl was correct, but none of the other violations were. A second notice of violation on February 5, 2021. The violations remained uncorrected, and a third notice of violation letter was sent on February 21, 2021, along with an administrative citation which was paid. After that, the violations were still not corrected. A Compliance Order was eventually issued on May 6, 2021, and even though the City had provided information and assistance to Mr. Martinez concerning how to correct the violations, there were still not corrected. This led to the first of seven (7) administrative hearings before the City’s Code Compliance hearing officer, Jack Owen (Hearing Officer) the first of which took place on September 9, 2021, and the final one on February 28, 2023. The Hearing Officer’s minute orders from all seven (7) hearings, including the final minute order, are attached hereto.

Philip F. Sinco Todd Bodem

The final order (dated February 28, 2023) by the Hearing Officer (Jack Owen) provided that all of the violations listed on the Compliance Order existed on and after the Compliance date set forth in the Compliance Order based on the testimony and evidence from Captain Schmitz given at the prior hearings on 4-21-2022, 6-23-2022, 8-23-2022, 9-8-2022, 10-5-2022, 11-9-2022, and at the hearing on 2-28-2023.

In addition, he found that that testimony from Jose Martinez and Ruben Dorado supported all testimony and evidence provided at prior hearings, and that no activity, condition or conduct existed beyond the control of any person that prevented compliance with the Compliance Order. Mr. Owen also found that Mr. Martinez and Mr. Dorado were “responsible parties” (as defined under the Guadalupe Municipal Code) based on documents provided by Captain Schmitz from Santa Barbara County Assessors’ Office and testimony of Martinez and Dorado at prior hearings on 4-21-2022, 6-23-2022, 8-23-2022, 9-8-2022, 10-5-2022, 11-9-2022, and 2-28-2023.

The final comments of the nuisance abatement order (as defined under the Guadalupe Municipal Code):

All violations shall be corrected and inspected on or before MONDAY, 5-1- 2023 at 4:00PM. If all violations have not been corrected by 5-1-2023, Daily Administrative Penalties of $250.00 per day, will begin on 5-2-2023 and continue until all violations are corrected or the maximum accrual of $10,000.00 is reached.

Pursuant to the Guadalupe Municipal Code, the Hearing Officer’s final decision (i.e., nuisance abatement order) on a compliance order may be appealed to the City Council. Mr. Ruben Dorado (a co-owner /operator of the Guadalupe Café, on his own behalf and on behalf of the responsible party, Mr. Martinez, filed an appeal of the Hearing Officer’s final order on March 13, 2023.

The City Council is limited to the administrative record in this matter, but may ask questions of the appellant and staff for purposes of clarification. No new evidence or testimony is permitted. The City Council may either uphold, modify, or overrule the decision of the Hearing Officer. The City Council’s decision is final subject to judicial review by a writ proceeding pursuant to Code of Civil Procedure section 1094.6.

To date, the responsible party(ies) have failed to correct the violations, and they have no legitimate excuse or reason for failing to do so. For that reason, the City is recommending that the Council deny the appeal by adopting Resolution No. 2023-37, attached hereto (Attachment 14).

FACTUAL BACKGROUND
On December 1, 2020, the Captain Patrick Schmitz of the Guadalupe Fire Department (GFD) was contacted by Public Works personnel about construction work being done to the rear of 866 Guadalupe St., and that equipment used to pour concrete was being washed on the City streets without appropriate containment (so debris was being washed into storm drains). (Attachment 1). Captain Schmitz investigated and found dry concrete on the street where the rear portions of the property could be accessed. After consultation with the Building Department, Captain Schmitz discovered that no permits had been issued for the work performed on the property. Captain Schmitz subsequently contacted Jose Martinez, the owner of the property (as he was at the time as listed on the County Assessor’s records)

and advised him of the issues found. A notice of violation letter was drafted and mailed to him. (Attachment 2). A notice of violation letter is essentially a warning (not a citation) and it basically informed Mr. Martinez of the violations and what needed to be done to correct them.

One of the violations listed on the notice of violation letter had been corrected (the chickens had been removed from the property), but the main violations had not been corrected. Therefore, on February 5, 2021, Captain Schmitz sent a second notice of violation letter (Attachment 3).

After the violations were not corrected nor any contact made by Mr. Martinez, Captain Schmitz issued and a third notice of violation to Mr. Martinez(Attachment 4) along with an administrative citation along on February 22, 2021 (Attachment 5). The citation was subsequently paid/unpaid, but the violations were still not corrected.

On May 6, 2021, Code Compliance Officer Josue Meraz issued a Compliance Order to Jose Martinez. (Attachment 6). A compliance order is a document issued to a responsible party that identifies one or more violations of the City’s Municipal Code, directs the responsible party to correct the violations, and provides a date by which the violations are to be corrected. Failure to either obtain an extension of time to comply with the order or comply with the order by correcting the violations authorize the City to set an administrative hearing before the City’s Code Compliance hearing officer who has the authority to decide if there is, in fact, a violation, if the person(s) to whom the order was issued are “responsible” for the violation(s), and can issue orders to abate the violations and/or issue administrative penalties.

On May 12, 2021, a meeting was held at the site with Jose Martinez, Ruben Dorado (manager and possible co-owner of the Guadalupe Café), David Rose (City Building Inspector), Alice Saucedo (Building Permit Technician), Chief of Police Michael Cash, and Captain Schmitz regarding the property's outstanding issues. A property walk through was performed where all the violations and remediation steps needed were explained. Mr. Martinez had also been provided with some information about the permit process. (Attachment 7).

On May 27, 2021, the Guadalupe Building Department sent a letter to Jose Martinez thanking him for meeting with City staff and providing the information needed to resubmit the permit application. (Attachment 8). No plans or permit application materials were thereafter submitted, however, and a second compliance order was issued and mailed to Mr. Martinez on or about July 7, 2021. (Attachment 9). After the date for compliance had passed (i.e., July 27, 2021), as authorized by the compliance order, on August 24, 2021, a Notice of Administrative Hearing was mailed out to Jose Ramirez(Attachment 10), setting a date of September 8, 2021, for an administrative hearing before City Code Compliance Hearing Officer Jack Owen.

The administrative hearing was held on that date. Mr. Martinez, Mr. Dorado, and George Alvarez were in attendance. After listening to the testimony of both sides, the hearing officer continued the hearing for 60 days for the responsible party (Mr. Martinez) to apply for approval or demolition of the illegal structures (one of the minor violations). (See Attachment 11 – Administrative Hearing Minute Order dated 9-8-21).

Sometime in May 2021, Mr. Martinez apparently transferred or sold the subject property to an LLC which he had created in 2017. Thereafter, at further administrative hearings, he claimed that he did not have any responsibility or control over the property because he “didn’t own it.” Nevertheless, he continued to exercise control over the property, which is all that is required for a “responsible party” under the definition in the Guadalupe Municipal Code. When City staff learned that ownership of the property had been transferred, a copy of the Compliance Order was sent to the agent for service of process, which all LLC’s (and corporations) are required to designate for to accept legal notices and court filings. Thus, the LLC had notice of this matter.

At the continued hearing on November 9, 2021, although an application had not been filed as directed by the hearing officer to apply for approval of the illegal structures or their demolition, the hearing was again continued for 90 days to allow the responsible party to submit the necessary paperwork to bring the property into compliance. (See Attachment 11 – Administrative Hearing Minute Order dated 11- 9-21).

Because both Mr. Martinez and Mr. Dorado complained about the lack of assistance from the City (which Mr. Owen noted was NOT the City’s responsibility), the City Attorney stated on the record at the hearing that he would personally assist them by putting them in touch with appropriate professionals who could help them to correct the violations.

On February 17, 2022, the City Attorney met with Mr. Dorado and Mr. Martinez to explain to them how the violations could be corrected, and that he had contacted Dave Cross, a Santa Maria-based consultant who assists developers and that he had agreed to provide free assistance to them. Mr. Cross recommended that an architect and an engineer be hired to assist them in obtaining compliance with the Compliance Order, but Mr. Martinez advised these professionals to cease work when he was informed that the cost would be at least $10,000. The Hearing Officer was informed about this meeting at the next administrative hearing (held on 4/21/2022).

The following is a listing of the administrative hearings held after the meeting with Mr. Dorado and Mr.

Martinez on February 17, 2022 (See Attachment 11):
• 04/21/2022 – Administrative Hearing held. Hearing continued for 60 Days to allow property owner time to prepare and submit paperwork to comply with unpermitted structures (sheds). • 06/23/2022 – Administrative Hearing held. Hearing continued to allow property owner time to prepare and submit paperwork to comply with unpermitted sheds. • 08/23/2022 - Administrative Hearing held. Hearing continued for 60 Days to allow property owner time to prepare and submit paperwork to comply with unpermitted sheds and submit application for the retaining wall and all outstanding violations. • 10/25/2022 - Administrative Hearing held. Violations related to the storage sheds were resolved.

Hearing continued until 01/10/2023, to allow property owner time to prepare and submit application for the retaining wall and remaining violations.

On 01/05/2023, Captain Schmitz reached out to Mr. Dorado to reschedule hearing date (due to a conflict on the part of Captain Schmitz). Due to schedule conflicts the new hearing was not set until 02/28/2023.

The final order by the Hearing Officer (Jack Owen) was described above in the Executive Summary section. (See Attachment 11 – Administrative Hearing Minute Order dated 02-28-23). This final order (i.e., the nuisance abatement order) included a finding that all of the violations listed on the Compliance Order existed on and after the Compliance date set forth in the Compliance Order and that no activity, condition or conduct existed beyond the control of any person that prevented compliance with the Compliance Order. Mr. Owen also found that Mr. Martinez and Mr. Dorado were “responsible parties” (as defined under the Guadalupe Municipal Code).

The final comments of the nuisance abatement order (as defined under the Guadalupe Municipal Code):

All violations shall be corrected and inspected on or before MONDAY, 5-1- 2023 at 4:00PM. If all violations have not been corrected by 5-1-2023, Daily Administrative Penalties of $250.00 per day, will begin on 5-2-2023 and continue until all violations are corrected or the maximum accrual of $10,000.00 is reached.

This is the order the responsible parties have appealed. The order was mailed on March 6, 2023. The appeal was timely filed on March 13, 2023, within seven (7) days after service of the nuisance abatement order as required by GMC section 8.50.190.A. (Attachment 12). As required by GMC section 8.50.190.C., a date for a hearing of the appeal by the City Council was set within 60 days from the date the appeal was filed, and written notice of the time, date and place of hearing was given at least 10 calendar days prior to the date of hearing to all parties designated as responsible parties in the Nuisance Abatement Order. (Attachment 13).

STATEMENT OF APPLICABLE LAW:

The Guadalupe Municipal Code (GMC) includes a number of provisions that enable the City to compel “responsible parties” to abate public nuisances and correct violations of the GMC. A “responsible party” includes, but is not limited to, a property owner, tenant, lessee, possessor or occupant of real property, the president or other officer of the corporation, or a business owner or manager of a business. (GMC section 8.50.050.I).

GMC section 8.50.110 provides that a written Compliance Order shall be served on the responsible party or parties whenever any property is maintained in violation of a relevant provision of the GMC. A Compliance Order is required to include the following information:

A. The date and location of the violation;
B. The section of the code violated and a brief description of the violation; C. The actions required to correct the violation(s) or abate the condition(s); D. The time period after which the City will enter the property to abate the conditions or administrative penalties will begin to accrue if compliance is not achieved;

E. The time period for abatement (a Compliance Official may grant an extension of time upon good cause, provided the responsible party signs a written agreement to abate the nuisance within a time certain);
F. That a public hearing will be held before the Hearing Officer if abatement is not achieved within the time set forth in the Compliance Order.

Pursuant to GMC section 8.50.130, if a “compliance official” (i.e., any City employee authorized to engage in code compliance activities) determines all violations have been corrected within the time specified in the Compliance Order, or any extension thereof, no further action shall be taken. If compliance is not achieved within the time specified in the Compliance Order, however, a hearing is set before the City’s Hearing Officer. (The City Council previously appointed Jack Owen as the City’s Hearing Officer for code compliance cases on April 14, 2020. Mr. Owen serves as a volunteer, without compensation).

GMC section 8.50.140.C provides that the responsible party or parties shall be given “a full opportunity … to object to the determination that a nuisance has occurred, that the nuisance has continued to exist or has recurred and/or that the person is responsible for creating, maintaining or fostering the nuisance.” The hearing (which may be continued by the Hearing Officer) is conducted as an administrative hearing, with informal rules, where both sides may provide evidence by testimony or written materials, but is limited to the following issues:

1. Whether the activity, condition, or conduct stated in the Compliance Order exist on the property or existed after the time for compliance stated in the Compliance Order;

2. Whether the person(s) named in the Compliance Order are responsible parties; and

3. The appropriate method of abatement, the amount of administrative penalties and the imposition of abatement costs. (GMC section 8.50.151).

The City bears the burden to prove the existence of the nuisance by a preponderance of the evidence.

Pursuant to GMC section 8.50.160, the Hearing Officer must make findings and issue a written determination in connection with the Compliance Order within 15 calendar days after the conclusion of the hearing, and shall issue a “Nuisance Abatement Order” if he or she finds that:

1. The activity, condition, or conduct stated in the Compliance Order exist on the property or existed after the compliance date specified in the Compliance Order;

2. No activity, condition or conduct existed beyond the control of any person that prevented compliance with the Compliance Order; and

3. The parties in the Compliance Order are responsible parties.

The Nuisance Abatement Order may impose or order any or all of the following:

1. Administrative penalties pursuant to Guadalupe Municipal Code Chapter 1.10.

2. Abatement within the time specified in the Nuisance Abatement Order of the nuisance, or that the City may upon failure to abate the nuisance, abate the nuisance at the expense of the responsible parties.

3. Abatement costs against the persons responsible for creating, maintaining or fostering the public nuisance when the Hearing Officer finds the nuisance occurred or recurred on or after the compliance date specified in the Compliance Order.

Appeal to the City Council – Procedure
GMC section 8.50.190 provides, in part, as follows:

A. Any person appearing at the hearing by the Hearing Officer pursuant to a Notice of Hearing who is subject to a Compliance Order, …may appeal the decision … by filing a written appeal with the City Clerk within 7 calendar days from the service of such decision….

C. As soon as practicable after receiving the written appeal, the City Clerk shall set a date for hearing the appeal by the City Council, which date shall not be less than 15 calendar days nor more than 60 calendar days from the date the appeal was filed. Written notice of the time, date and place of hearing shall be given at least 10 calendar days prior to the date of hearing by the City Clerk to all parties designated as responsible parties in the Nuisance Abatement Order, …
D. The hearing before the City Council shall be upon the record made before the Hearing Officer and no evidence that could not reasonably have been presented to the Hearing Officer shall be considered by the City Council. The Council shall review the findings and decision of the Hearing Officer. Upon the conclusion of the hearing on such appeal, the City Council shall announce its decision by resolution either:

1. Terminating the proceedings;

2. Confirming the action and decision of the Hearing Officer; or

3. Modifying such decision as in its judgment seems warranted….

The hearing before the City Council is not “de novo.” That means that the City Council is required to review the record (consisting of the evidence and testimony presented at the hearing). The Council is entitled to ask questions of City staff and the appellant(s) for purposes of clarifying anything in the administrative record, but new testimony not previously given should not be allowed.

FISCAL IMPACT:

The City has already incurred considerable costs in connection with this code compliance case with respect to staff times and attorney’s fees. Should the Council uphold the appeal, the City will not be able to impose the administrative penalties authorized in the hearing officer’s nuisance abatement order which, if paid, would, in effect, partially or fully reimburse the City for the costs incurred to date.

ATTACHMENTS:

1. Photos (6)

2. 12-01-2020 notice of violation

3. 02-05-2021 second notice of violation

4. 02-22-2021 third notice of violation

5. 02-22-2021 administrative citation

6. 05-06-2021 compliance order

7. 05-12-2021 email from Chief Cash to J. Martinez

8. 05-27-2021 Building Department letter

9. 07-27-2021 compliance order

10. Notice of Administrative Hearing, dated 08-14-21

11. Administrative hearing minute orders (7)

12. Notice of appeal, filed 3-13-2023

13. Notice of hearing on appeal, dated 4-29-2023

14. Resolution No. 2023-37
ATTACHMENT 1
ATTACHMENT 1
ATTACHMENT 1
ATTACHMENT 1
ATTACHMENT 1
ATTACHMENT 1

NOTICE OF MUNICIPAL CODE VIOLATION

AND ORDER TO ABATE
12-01-2020
Jose Martinez
4544 Castillo Dr
Guadalupe, CA 93434
APN # 115101011
CASE: 2020-12-01-001
Mr. Jose Martinez,
As a Captain with the City of Guadalupe Fire Department, one of my responsibilities is municipal code compliance within the city limits.

On (12-01-2020), The following violation(s) of the Guadalupe Municipal Code were found at Lot APN# 115101011 (Behind 866 Guadalupe St).

GMC Section Violation Description

6.04.210 Prohibition of fowl, livestock, and wild animals.

15.04.020 California Building Codes adopted.

18.52.120 Walls and fences—Restrictions in all districts.

18.52.121(A) Wall, Fence or Hedge - Height requirements.

18.64.040 Landscape Specifications and minimum standards

18.84.020 Buildings and structures not in conformity deemed unlawful In order to resolve this and avoid further action by the City of Guadalupe, you must take the following action(s):

1. No person shall keep, harbor, maintain upon his/her premises within the City any fowl, livestock, or wild animals. (Please remove fowl, livestock, or wild animal and enclosure(s) from the property)

2. All construction, replacement, and upgrade of structural material including but not limited to framing, piping, drywall, roof covering, windows, door, water heaters, etc. will require proper permits and must be inspected by the building official. (Please contact the building department and obtain all required permits for worked performed)

3. Any wall or fence over 6 feet in height regardless of where located shall be deemed a structure and shall be subject to all regulations requiring issuing of a building permit or a zoning permit as required. (Please obtain required permits or trim fence to 6 feet in height.) (Contact building department for more information) ATTACHMENT 2

4. Not less than 10% of a parcel shall be covered with dense landscaping that consists of trees, plants and shrubs and may include fencing, fence panels, masonry and other structural decorative items. (Please contact the building department for clearance requirements and remove excess material from the property)

5. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, and any use of any land, building or premises established, conducted, operated or maintained contrary to the provisions of this title is unlawful and a public nuisance. (Please obtain required Permits / Clearances for the structures or remove them from the property)
A member of the Guadalupe Fire Department will re-inspect your property on or about 12/13/2020 to ensure the corrections have been made and that permit processes are under review. If you have any questions regarding this notice, please contact the On Duty Captain immediately. Captains are available Monday through Friday from the hours of 8 a.m. to 5 p.m. at (805) 356-3905.

I would like to thank you in advance for your cooperation in this matter.

Sincerely,
Patrick Schmitz
Captain
Guadalupe Fire Department

NOTICE OF MUNICIPAL CODE VIOLATION

AND ORDER TO ABATE
*Second Notice*
02-05-2020
Jose Martinez
4544 Castillo Dr
Guadalupe, CA 93434
APN # 115101011
CASE: 2020-12-01-001
Mr. Jose Martinez,
As a Captain with the City of Guadalupe Fire Department, one of my responsibilities is municipal code compliance within the city limits.

On (12-01-2020), The following violation(s) of the Guadalupe Municipal Code were found at Lot APN# 115101011 (Behind 866 Guadalupe St).

GMC Section Violation Description

15.04.020 California Building Codes adopted.

18.52.120 Walls and fences—Restrictions in all districts.

18.52.121(A) Wall, Fence or Hedge - Height requirements.

18.64.040 Landscape Specifications and minimum standards

18.84.020 Buildings and structures not in conformity deemed unlawful In order to resolve this and avoid further action by the City of Guadalupe, you must take the following action(s):

1. All construction, replacement, and upgrade of structural material including but not limited to framing, piping, drywall, roof covering, windows, door, water heaters, etc. will require proper permits and must be inspected by the building official. (Please contact the building department and obtain all required permits for worked performed)

2. Any wall or fence over 6 feet in height regardless of where located shall be deemed a structure and shall be subject to all regulations requiring issuing of a building permit or a zoning permit as required. (Please obtain required permits or trim fence to 6 feet in height.) (Contact building department for more information) ATTACHMENT 3

3. Not less than 10% of a parcel shall be covered with dense landscaping that consists of trees, plants and shrubs and may include fencing, fence panels, masonry and other structural decorative items. (Please contact the building department for clearance requirements and remove excess material from the property)

4. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, and any use of any land, building or premises established, conducted, operated or maintained contrary to the provisions of this title is unlawful and a public nuisance. (Please obtain required Permits / Clearances for the structures or remove them from the property)
Failure to correct the municipal code violations by the date provided below, may result in fine starting at a minimum of $100.00 per violation.

A member of the Guadalupe Fire Department will re-inspect your property on or about 02/21/2021 to ensure the corrections have been made and that permit processes are under review. If you have any questions regarding this notice, please contact the On Duty Captain immediately. Captains are available Monday through Friday from the hours of 8 a.m. to 5 p.m. at (805) 356-3905.

I would like to thank you in advance for your cooperation in this matter.

Sincerely,
Patrick Schmitz
Captain
Guadalupe Fire Department

NOTICE OF MUNICIPAL CODE VIOLATION

AND ORDER TO ABATE
*Citation Notice*
02-22-2021
Jose Martinez
4544 Castillo Dr
Guadalupe, CA 93434
APN # 115101011
CASE: 2020-12-01-001
Mr. Jose Martinez,
As a Captain with the City of Guadalupe Fire Department, one of my responsibilities is municipal code compliance within the city limits.

On (12-01-2020), The following violation(s) of the Guadalupe Municipal Code were found at Lot APN# 115101011 (Behind 866 Guadalupe St).

GMC Section Violation Description

15.04.020 California Building Codes adopted.

18.52.120 Walls and fences—Restrictions in all districts.

18.52.121(A) Wall, Fence or Hedge - Height requirements.

18.64.040 Landscape Specifications and minimum standards

18.84.020 Buildings and structures not in conformity deemed unlawful In order to resolve this and avoid further action by the City of Guadalupe, you must take the following action(s):

1. All construction, replacement, and upgrade of structural material including but not limited to framing, piping, drywall, roof covering, windows, door, water heaters, etc. will require proper permits and must be inspected by the building official. (Please contact the building department and obtain all required permits for worked performed)

2. Any wall or fence over 6 feet in height regardless of where located shall be deemed a structure and shall be subject to all regulations requiring issuing of a building permit or a zoning permit as required. (Please obtain required permits or trim fence to 6 feet in height.) (Contact building department for more information) ATTACHMENT 4

3. Not less than 10% of a parcel shall be covered with dense landscaping that consists of trees, plants and shrubs and may include fencing, fence panels, masonry and other structural decorative items. (Please contact the building department for clearance requirements and remove excess material from the property)

4. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, and any use of any land, building or premises established, conducted, operated or maintained contrary to the provisions of this title is unlawful and a public nuisance. (Please obtain required Permits / Clearances for the structures or remove them from the property)
Failure to correct the municipal code violations by the date provided below, may result in fine starting at a minimum of $200.00 per violation.

A member of the Guadalupe Fire Department will re-inspect your property on or about 03/15/2021 to ensure the corrections have been made and that permit processes are under review. If you have any questions regarding this notice, please contact the On Duty Captain immediately. Captains are available Monday through Friday from the hours of 8 a.m. to 5 p.m. at (805) 356-3905.

I would like to thank you in advance for your cooperation in this matter.

Sincerely,
Patrick Schmitz
Captain
Guadalupe Fire Department
1 ADMINISTRATIVE CITATION AND ORDER

TO COMPLY WITH THE

GUADALUPE MUNICIPAL CODE
FIRE DEPARTMENT/CODE COMPLIANCE PROGRAM • 918 OBISPO ST.• GUADALUPE, CALIFORNIA 93434• (805) 356-3905 CITATION NUMBER: 02222021-001
DATE OF VIOLATION: 12-01-2020 CASE NUMBER: 2020-12-01-001 ADDRESS OF VIOLATION: APN Lot: 115101011 (Behind 866 Guadalupe St) ASSESSORS PARCEL # 115101011
RESPONSIBLE PARTIES: Jose Martinez, 4544 Castillo Dr, Guadalupe CA 93434 Through this letter, you are hereby ordered to immediately correct all violations and not repeat or continue the violations in the future. Failure to correct all violations may result in additional Administrative Citations being issued. In addition, a hearing may be scheduled before the City Code Compliance Hearing Officer and/or criminal charges may be filed.

CODE DESCRIPTION OF VIOLATION(S) FINE

15.04.020 California Building Codes adopted. $100.00

18.52.120 Walls and fences—Restrictions in all districts. $100.00

18.52.121(A) Wall, Fence or Hedge - Height requirements. $100.00

18.64.040 Landscape Specifications and minimum standards $100.00

18.84.020 Buildings and structures not in conformity deemed unlawful $100.00

FAILURE TO RESOLVE THIS/THESE VIOLATION(S) IMMEDIATELY WILL RESULT IN ADDITIONAL FINES AND/OR FURTHER LEGAL ACTION BY THE CITY.

TOTAL FINE $500.00
Each responsible party listed above is individually required to pay the assessed fine(s). The fine(s) shall be paid to the GUADALUPE POLICE DEPARTMENT; in person or by mail at 4490 Tenth St. Guadalupe, CA 93434, within thirty (30) calendar days from the date of this citation.

You may contest that there was a violation of the Code or that you are the responsible party by completing a “Request for Hearing” form available at the Guadalupe Building Department, 918 Obispo St. and returning it to the Building Department within ten (10) calendar days from the date of the citation, together with an advance deposit of the fine. If you are financially unable to make the advance deposit of the fine, you may file a request for an advance deposit hardship waiver. The request shall be filed with the Building Department on an “Advance Deposit Hardship Waiver Application” form, available from the Building Department, within ten (10) calendar days after the date of the citation. Tax return evidence of income is required.

Each responsible party listed above is individually required to request a hearing and to deposit the assessed fine(s) or obtain a hardship waiver to be granted a hearing.

ISSUED BY: Code Compliance Officer: Patrick Schmitz
SIGNATURE:

DEPARTMENT: Code Compliance DATE OF CITATION:

ATTACHMENT 5
2 THE FOLLOWING IS A SUMMARY OF THE CONSEQUENCES OF NONCOMPLIANCE AND A DESCRIPTION OF THE HEARING PROCEDURE AND APPEALS PROCESS. PLEASE REFER TO THE FULL TEXT OF CHAPTER 1.08, 1.10, 1.11 AND CHAPTER 8.50.

Violations of Chapter 8.50
Hearing Procedure before Code Compliance Officer
If compliance is not achieved within the time specified in the Compliance Order, a public hearing shall be set before the Code Compliance Hearing Officer. The failure to appear at the hearing shall constitute an admission of the facts in the Compliance Order and shall constitute a failure to exhaust administrative remedies. At the time and place stated in the Notice of Hearing, the Hearing Officer shall hear and consider all relevant evidence on: (1) Whether the violation(s) exist on the property or existed after the time for compliance stated in the Compliance Order; (2) The identity of the responsible party or parties; and (3) The appropriate method of abatement, the amount of administrative penalties and the imposition of abatement costs. Within fifteen days after the conclusion of the hearing, the Hearing Officer shall make findings and issue his/her written determination in connection with the Compliance Order. The Hearing Officer shall issue a Nuisance Abatement Order if he/she finds that: (1) The violation(s) exist on the property or existed after the compliance date specified in the Compliance Order; (2) No activity, condition or conduct existed beyond the control of any person that prevented compliance with the Compliance Order; and (3) The parties in the Compliance Order are responsible parties. The Nuisance Abatement Order may impose or order any or all of the following: (1) administrative penalties pursuant to Guadalupe Municipal Code Chapter 1.10 and 1.11; (2) Abatement, within the time specified in the Nuisance Abatement Order, of the nuisance, or the City may upon failure to abate the nuisance, abate the nuisance at the expense of the responsible parties; and (3) Abatement costs against the responsible parties when the Hearing Officer finds the nuisance occurred or recurred on or after the compliance date specified in the Compliance Order.

Appeal Procedure
Any person appearing at the hearing of the Hearing Officer who is subject to a Compliance Order, or the Compliance Officer responsible for instituting the nuisance abatement proceedings, may appeal the decision of the Code Compliance Hearing Officer by filing a written appeal with the City Clerk within seven days from the service of such decision. The written appeal shall contain the following: (1) The name and address of the person filing the appeal; and (2) A concise written statement under declaration of perjury designating the portion of the Nuisance Abatement Order being appealed, and the facts supporting the appeal. The hearing before the City Council shall be upon the record made before the Code Compliance Hearing Officer and no evidence that could not reasonably have been presented to the Hearing Officer shall be considered by the City Council. Upon the conclusion of the hearing on such appeal, the City Council shall announce its decision by resolution either: (1) Terminating the proceedings; (2) Confirming the action and decision of the Hearing Officer; or (3) Modifying such decision as in its judgment seems warranted. The decision of the City Council shall be final.

In the cases of alternative (2) or (3) above, the resolution shall declare such property to be a public nuisance and order the abatement within a time certain, and in the manner and means specifically set forth in said resolution. Any property owner shall have the right to abate the nuisance in accordance with such resolution and at the owner's expense provided the same is commenced prior to the expiration of the date ordered for abatement and thereafter diligently and continuously prosecuted to completion. Upon abatement in full by the owner, the proceedings hereunder shall terminate.

Consequences of Noncompliance
If a responsible party fails or neglects to remove or otherwise take action to abate the public nuisance or correct the violation within the time specified in a Compliance Order or Nuisance Abatement Order, the Compliance Officer, through City employees or private contractor, shall cause such nuisance to be abated. The Compliance Officer shall keep, maintain and file with the Hearing Officer a report of the proceedings and an accurate account of the abatement costs, including the salvage value, on each separate property. Upon receipt of the report, the Secretary shall set the report and account for hearing by the Hearing Officer. At the time and place of the hearing, the Hearing Officer shall hear and pass upon the report of the Compliance Officer together with any objections or protests. The Hearing Officer may make revisions, corrections or modifications in the report or charges as he/she may deem just; and when the Hearing Officer is satisfied with the correctness of the charges and the report, they shall be final and conclusive. Unless paid within thirty days following the adoption of the Hearing Officer resolution confirming the costs of abatement, the total cost for abating such nuisance, as confirmed by the Hearing Officer, shall constitute a special assessment against the respective lot or parcel of land to which it relates, and upon recordation in the Office of the County Recorder of a Notice of Lien, as so made and confirmed shall constitute a special assessment on the property for the amount of the assessment. The assessment shall be collected at the same time and in the same manner as ordinary real estate taxes. The Hearing Officer may provide for the collection of such assessment in not more than five annual installments. The payment of assessments so deferred shall bear interest at the rate of ten percent per annum. As an alternative, and in addition to, the special assessment, the Hearing Officer may impose a nuisance abatement lien on the property subject to the abatement proceedings. Administrative penalties and abatement costs incurred by the City are a personal debt and obligation owed to the City and, in addition to any other means of enforcement, the City Attorney is authorized to bring an action against the responsible party or parties for collection of administrative penalties and abatement costs in any court of competent jurisdiction. Any person who fails to remit payment to the City of any penalty or cost or other charge required to be paid by the City pursuant to a Compliance Order or Nuisance Abatement Order on or before the date the penalty, cost or other charge is due, shall in addition to the amount of the penalty, cost or other charge, pay interest on the amount due at the rate of ten percent per annum, pro-rata, from the date on which the amount due first became delinquent until the date that payment is received by the City. Administrative penalties assessed by the Hearing Officer are a debt owed to the City and, in addition to all other means of enforcement, if the violation is located on real property, may be enforced by a special assessment or lien as provided in Section 8.50.402 and/or Section 8.50.403. The special assessment or lien shall remain in effect until paid in full.

All Other Violations
Hearing Procedure before Code Compliance Hearing Officer If compliance is not achieved within the time specified in the Compliance Order, a public hearing shall be set before the Code Compliance Hearing Officer. The failure to appear at the hearing shall constitute an admission of the facts in the Compliance Order and shall constitute a failure to exhaust administrative remedies. At the time and place stated in the notice, the Hearing Officer shall hear and consider all relevant evidence regarding the violation and compliance. Within fifteen days after the conclusion of the hearing, the Hearing Officer shall make findings and issue his/her determination regarding: (1) The existence of the violation; and (2) The failure of the violator or owner to take required corrective action within the time period stated in the Compliance Order. The Hearing Officer shall issue an Administrative Order if a preponderance of evidence supports its findings. The Administrative Order may impose any or all of the following: (a) An order to correct, including a schedule for correction where appropriate; (b) Administrative penalties; and (c) Administrative costs.

Appeal Procedure
Any person affected by the decision of the Hearing Officer may appeal the decision to the Superior Court of Santa Barbara County within 20 days of the decision or service of the Administrative Order.

Consequences of Noncompliance
The Hearing Officer may impose administrative penalties for the violation of any provision of the City's Municipal Code. For any related series of violations, the penalty shall not exceed One Thousand Five Hundred Dollars ($1500) per day for each ongoing violation where the violation is a misdemeanor under the Code. The amount of the penalty shall not exceed the amount provided by Section 1.8.020 of this Code where the violation is an infraction. The total administrative penalty shall not exceed Seventy Five Thousand Dollars ($75,000) exclusive of administrative costs, interest and restitution for compliance inspections. Administrative penalties assessed by the Hearing Officer are a debt owed to the City and, in addition to all other means of enforcement, if the violation is located on real property, may be enforced by a special assessment or lien as provided in Section 8.50.402 and/or Section 8.50.403. The special assessment or lien shall remain in effect until paid in full. Whenever the amount of any administrative penalty and/or administrative cost imposed by the Hearing Officer pursuant to this Chapter in connection with real property has not been satisfied in full within thirty (30) days or such other time limit set forth in the Administrative Order, and/or has not been successfully challenged by a timely appeal as provided in Section 1.11.013, this obligation shall constitute a special assessment and/or lien against the real property on which the violation occurred. The special assessment and/or lien shall be imposed pursuant to the procedure set forth in Chapter 8.50, Article 4 of this Code.

If the violation is not corrected as specified in the Administrative Order to correct and no suspension is in effect, administrative penalties shall continue to accrue on a daily basis until the violation is corrected, subject to the maximum amount set forth above.

CITY OF GUADALUPE

COMPLIANCE ORDER
GUADALUPE POLICE DEPARTMENT/CODE COMPLIANCE DIVISION918 OBISPO STREET • GUADALUPE, CALIFORNIA 93434 • (805) 356-3905
PARA AYUDA EN ESPAÑOL, POR FAVOR LLAME (805) 356-3891
Cite Number: 02222021-0012021 Case Number: 2020-12-01-001

DATE OF
VIOLATION: February 2, 2021 – present

ADDRESS OF
VIOLATION:

Lot behind 866 Guadalupe St., APN: 115 – 101 – 011
Guadalupe, CA 93434

RESPONSIBLE
PARTIES: Jose Martinez

CODE DESCRIPTION OF VIOLATION(S)
GMC 15.04 California Building Codes adopted.

GMC 18.52.120 Walls and Fences – restrictions in all districts GMC 18.52.121(A) Wall, fence, or hedge – height restrictions GMC 18.64.040 Landscape specifications and minimum standards GMC 18.84.020 Buildings and structures not in conformity deemed unlawful

ACTIONS REQUIRED TO CORRECT THE VIOLATION(S)

1. Cease all construction and contact the Building Department to determine what construction requires issuance of building permits.

2. Apply for and obtain building permit(s) required for all construction, replacement, and upgrade of structural material, including concrete, walls, and fences.

3. Request inspection(s) by City Building Inspector to confirm work has been performed correctly.

THE VIOLATION(S) MUST BE
CORRECTED BY:

May 16, 2021

IF THE VIOLATION (S) ARE NOT CORRECTED BY THIS DATE, THE MATTER WILL BE SET FOR HEARING BEFORE A HEARING OFFICER. IN ADDITION, ADMINISTRATIVE PENALTIES MAY BEGIN TO ACCRUE.

CONTACT THE UNDERSIGNED AT THE NUMBER LISTED ABOVE TO ARRANGE FOR AN INSPECTION TO VERIFY WHEN YOU ARE IN COMPLIANCE WITH THE CODE. SEE PAGE 2 FOR AN EXPLANATION OF THE CONSEQUENCES OF NONCOMPLIANCE AND A DESCRIPTION OF THE HEARING PROCEDURE AND APPEAL PROCESS.

ISSUED BY: Josue Meraz SIGNATURE:

DEPARTMENT
: Guadalupe Police Dept.

DATE OF
ORDER: May 6, 2021
ATTACHMENT 6
The following is a summary of the consequences of noncompliance and a description of the hearing procedure and appeals process for violations of the Guadalupe Municipal Code Please refer to the full text of Chapter 1.10 and Chapter 8.50

HEARING PROCEDURE BEFORE A HEARING OFFICER
If compliance is not achieved within the time specified in the Compliance Order, a hearing shall be set before an assigned Hearing Officer. The failure to appear at the hearing shall constitute an admission of the facts in the Compliance Order and shall constitute a failure to exhaust administrative remedies. At the time and place stated in the notice, the Hearing Officer shall hear and consider all relevant evidence regarding the violation and compliance.

Within fifteen days after the conclusion of the hearing, the Hearing Officer shall make findings and issue his or her determination regarding: (1) The existence of the violation; and (2) The failure of the violator or owner to take required corrective action within the time period stated in the Compliance Order. The Hearing Officer shall issue an Administrative Order or a Nuisance Abatement Order if a preponderance of evidence supports its findings. The Administrative Order or Nuisance Abatement Order may impose any or all of the following:
(a) An order to correct, including a schedule for correction where appropriate; (b) Administrative penalties; and (c) Administrative costs.

APPEAL PROCEDURE
Any person affected by the decision of the Hearing Officer may appeal the decision to the Superior Court of Santa Barbara County within 20 days of the decision or service of the Administrative Order or Nuisance Abatement Order.

CONSEQUENCES OF NONCOMPLIANCE
The Hearing Officer may impose administrative penalties for the violation of any provision of the City's Municipal Code. For any related series of violations, the penalty shall not exceed One Thousand Five Hundred Dollars ($1,500) per day for each ongoing violation where the violation is a misdemeanor under the Code. The amount of the penalty shall not exceed the amount provided by Section 1.08.020 of this Code where the violation is an infraction. The total administrative penalty shall not exceed Seventy-Five Thousand Dollars ($75,000) exclusive of administrative costs, interest and restitution for compliance inspections.

Administrative penalties, and administrative or nuisance abatement costs, assessed by the Hearing Officer are a debt owed to the City and, in addition to all other means of enforcement, if the violation is located on real property, may be enforced by a special assessment and/or lien as provided in Section 1.10.120, Section 8.50.270, and/or Section 8.50.280. The special assessment or lien shall remain in effect until paid in full. Whenever the amount of any administrative penalty and/or administrative or nuisance abatement costs imposed by the Hearing Officer pursuant to this Chapter in connection with real property has not been satisfied in full within thirty (30) days or such other time limit set forth in the Administrative Order or Nuisance Abatement Order, and/or has not been successfully challenged by a timely appeal as provided in Section 1.10.170, this obligation shall constitute a special assessment and/or lien against the real property on which the violation occurred. The special assessment and/or lien shall be imposed pursuant to the procedure set forth in Section 1. Chapter 8.50, Article IV of the City’s Municipal Code.

If the violation is not corrected as specified in the Administrative Order or Nuisance Abatement Order to correct and no suspension is in effect, administrative penalties shall continue to accrue on a daily basis until the violation is corrected, subject to the maximum amount set forth above.

Gmail - City of Guadalupe - Customer's Guide to the Building Permit Process 5/3/23, 5:58 PM https://mail.google.com/mail/u/0/?ik=bab4173181&view=pt&search=a…msgid=msg-f:1699419019736940288&simpl=msg-f:1699419019736940288 Page 1 of 1 Philip Sinco <[email protected]>
City of Guadalupe - Customer's Guide to the Building Permit Process Michael Cash <[email protected]> Mon, May 10, 2021 at 5:17 PM To: "[email protected]" <[email protected]>
Cc: Pat Schmitz <[email protected]>, Alice Saucedo <[email protected]>, Josue Meraz <[email protected]>, David Rose <[email protected]>, Todd Bodem <[email protected]>, Philip Sinco <[email protected]>, Ariston Julian <[email protected]> Afternoon Mr. Jose Martinez,
Thank you for the meeting this morning to discuss the City of Guadalupe permitting process and Compliance Order #02222021-0012021, Case#2020-12-01-001 regarding your property at 866 Guadalupe Street.

Attached are the forms detailing the building permit process if you did not receive a copy. I look forward to meeting again with you and our City staff to further discuss the Compliance Order directed against your property and looking for resolution of the issue.

Michael Cash
Chief of Police & Director of Public Safety
Department of Public Safety
City of Guadalupe
4490 10th Street
Guadalupe, CA 93434
805-343-2112 – Office
805-343-1965 - Fax
Permit process.pdf
175K
ATTACHMENT 7

ATTACHMENT 8

CITY OF GUADALUPE

COMPLIANCE ORDER
FIRE DEPARTMENT • 918 OBISPO STREET • GUADALUPE, CALIFORNIA 93434 • (805) 356-3905 PARA AYUDA EN ESPAÑOL, POR FAVOR LLAME (805) 356-3891
Citation Number(s): 02222021-001 Case Number: 2020-12-10-001 DATE OF VIOLATION: 12-01-2020

ADDRESS OF
VIOLATION: APN Lot: 115101009 (Behind 866 Guadalupe St)

RESPONSIBLE
PARTIES: Jose Martinez, 866 Guadalupe St, CA 93434

CODE DESCRIPTION OF VIOLATION(S)

15.04.020 California Building Codes adopted.

18.52.120 Walls and fences—Restrictions in all districts.

18.52.121(A) Wall, Fence or Hedge - Height requirements.

18.64.040 Landscape Specifications and minimum standards

18.84.020 Buildings and structures not in conformity deemed unlawful

ACTIONS REQUIRED TO CORRECT THE VIOLATION(S)

1. Submit all paperwork Requested by the City of Guadalupe Building Department on letter dated May 27th, 2021. For permit application review of work performed at the property.

THE VIOLATION(S) MUST BE CORRECTED BY: July 27nd 2021

IF THE VIOLATION (S) ARE NOT CORRECTED BY THIS DATE, THE MATTER WILL BE SET FOR HEARING BEFORE A HEARING OFFICER. IN ADDITION, ADMINISTRATIVE PENALTIES MAY BEGIN TO ACCRUE.

CONTACT THE UNDERSIGNED AT THE NUMBER LISTED ABOVE TO ARRANGE FOR AN INSPECTION TO VERIFY WHEN YOU ARE IN COMPLIANCE WITH THE CODE. SEE PAGE 2 FOR AN EXPLANATION OF THE CONSEQUENCES OF NONCOMPLIANCE AND A DESCRIPTION OF THE HEARING PROCEDURE AND APPEAL PROCESS.

ISSUED BY: Patrick Schmitz, Fire Captain SIGNATURE:

DEPARTMENT: Guadalupe Fire Department

DATE OF
ORDER: 07/07/2021
ATTACHMENT 9

THE FOLLOWING IS A SUMMARY OF THE CONSEQUENCES OF NONCOMPLIANCE AND A DESCRIPTION OF THE

HEARING PROCEDURE AND APPEALS PROCESS FOR VIOLATIONS OF THE GUADALUPE MUNICIPAL CODE Please refer to the full text of Chapter 1.10 and Chapter 8.50

HEARING PROCEDURE BEFORE A HEARING OFFICER
If compliance is not achieved within the time specified in the Compliance Order, a hearing shall be set before an assigned Hearing Officer. The failure to appear at the hearing shall constitute an admission of the facts in the Compliance Order and shall constitute a failure to exhaust administrative remedies. At the time and place stated in the notice, the Hearing Officer shall hear and consider all relevant evidence regarding the violation and compliance. Within fifteen days after the conclusion of the hearing, the Hearing Officer shall make findings and issue his or her determination regarding: (1) The existence of the violation; and (2) The failure of the violator or owner to take required corrective action within the time period stated in the Compliance Order. The Hearing Officer shall issue an Administrative Order or a Nuisance Abatement Order if a preponderance of evidence supports its findings. The Administrative Order or Nuisance Abatement Order may impose any or all of the following: (a) An order to correct, including a schedule for correction where appropriate; (b) Administrative penalties; and (c) Administrative costs.

APPEAL PROCEDURE
Any person affected by the decision of the Hearing Officer may appeal the decision to the Superior Court of Santa Barbara County within 20 days of the decision or service of the Administrative Order or Nuisance Abatement Order.

CONSEQUENCES OF NONCOMPLIANCE
The Hearing Officer may impose administrative penalties for the violation of any provision of the City's Municipal Code. For any related series of violations, the penalty shall not exceed One Thousand Five Hundred Dollars ($1,500) per day for each ongoing violation where the violation is a misdemeanor under the Code. The amount of the penalty shall not exceed the amount provided by Section 1.08.020 of this Code where the violation is an infraction. The total administrative penalty shall not exceed Seventy-Five Thousand Dollars ($75,000) exclusive of administrative costs, interest and restitution for compliance inspections.

Administrative penalties, and administrative or nuisance abatement costs, assessed by the Hearing Officer are a debt owed to the City and, in addition to all other means of enforcement, if the violation is located on real property, may be enforced by a special assessment and/or lien as provided in Section 1.10.120, Section 8.50.270, and/or Section 8.50.280. The special assessment or lien shall remain in effect until paid in full. Whenever the amount of any administrative penalty and/or administrative or nuisance abatement costs imposed by the Hearing Officer pursuant to this Chapter in connection with real property has not been satisfied in full within thirty (30) days or such other time limit set forth in the Administrative Order or Nuisance Abatement Order, and/or has not been successfully challenged by a timely appeal as provided in Section 1.10.170, this obligation shall constitute a special assessment and/or lien against the real property on which the violation occurred. The special assessment and/or lien shall be imposed pursuant to the procedure set forth in Section 1.Chapter 8.50, Article IV of the City’s Municipal Code.

If the violation is not corrected as specified in the Administrative Order or Nuisance Abatement Order to correct and no suspension is in effect, administrative penalties shall continue to accrue on a daily basis until the violation is corrected, subject to the maximum amount set forth above.

Date Mailed: August 4, 2021
Case No. 2020-12-10-001

CITY OF GUADALUPE

FIRE DEPARTMENT

NOTICE OF ADMINISTRATIVE HEARING

ON A COMPLIANCE ORDER
CITY OF GUADALUPE CODE COMPLIANCE PROGRAM · 918 OBISPO ST· GUADALUPE, CA 93434 (805) 356-3905
DATE: September 8, 2021
TIME: 10:30 A.M.

LOCATION: City Hall Council Chambers
918 Obispo St.

Guadalupe, California 93434
NOTICE is hereby given that the City of Guadalupe Fire will hold an administrative hearing, as noted above, on the following items:

RESPONSIBLE PARTY (PARTIES): JOSE MARTINEZ
4544 CASTILLO DR.

GUADALUPE, CA 93434
ADDRESS OF VIOLATION: LOT BEHIND 866 GUADALUPE ST.,
GUADALUPE, CA 93454 (APN: 115-101-009)
VIOLATIONS: 15.04.020 California Building Codes adopted.

18.52.120 Walls and fences—Restrictions in all districts.

18.52.121(A) Wall, Fence or Hedge - Height requirements.

18.64.040 Landscape Specifications and minimum standards

18.84.020 Buildings/structures not in conformity deemed unlawful
The purpose of this administrative hearing is to provide a full opportunity for the above listed responsible party subject to a Compliance Order, to object to the determination that a nuisance has occurred, that the nuisance has continued to exist or has recurred, and/or that the person is responsible for creating, maintaining, or fostering the nuisance.

Within fifteen (15) days after the conclusion of the hearing, the hearing officer for the City of Guadalupe will make findings and issue a written determination in connection with the Compliance Order.

The failure of any responsible party, listed above, to appear at the hearing, shall constitute an admission of the facts in the Compliance Order and shall constitute a failure to exhaust administrative remedies.

A copy of this Notice of an Administrative Hearing has been served on the responsible party listed above via first class mail along with a copy of the subject Compliance Order.

ATTACHMENT 10
ATTACHMENT 11
City of Guadalupe
Administrative Hearing Officer
Decision After Hearing
Responsible party(ies): Date: Time:

Property Address: Hearing officer:

Jack Owen, Jr.

Code Compliance Officer:

Other:

Case No.

Compliance Order No.

Type of Hearing: Compliance Order
Appeal of an Administrative Citation
Other:

VIOLATIONS:

Present at Hearing:

Respondent:

Interpreter:

Witness:

Other/Relationship:
**Responsible party(ies) (if other than above):

COMPLIANCE ORDER:

Dismissed
Compliance Achieved – No fines imposed
Continued for Date / Time:

Upheld
Administrative Penalty: $
Administrative Penalties: To begin on: in the amount of $ per day with a maximum fine of $ .

Administrative Costs:

To begin on: . Maximum of $ .

No Maximum, actual costs.

ADMINISTRATIVE HEARING ORDER

HEARING OFFICER DECISION
Jose Martinez 11-9-2021 1:00 PM
866 Guadalupe Street
2020-12-10-001
2020-12-10-001
Captain Patrick Schmitz

18.52.121(A) Wall, Fence or Hedge - Height requirements, 18.64.040 Landscape Specifications and minimum standards, 18.84.020 GMC §15.04.020 California Building Codes adopted, 18.52.12 Walls and fences - Restrictions in all districts, Buildings/structures not in conformity deemed unlawful
Jose Martinez
Ruben Dorado – Agent for Owner
90 Days To be determined by staff
ATTACHMENT 11
FINDINGS:

The activity, condition, or conduct stated in the Compliance Order exist on the property or existed after the Compliance date specified in the Compliance Order, which consists of the following:
; AND
No activity, condition or conduct existed beyond the control of any person that prevented compliance with the Compliance Order; AND
The parties in the Compliance Order are responsible parties because:

COMMENTS:

ADMINISTRATIVE CITATION:

Dismissed (Advance deposit to be refunded.)
Continued for Date / Time:

Upheld
Deposit will not be refunded.

Administrative Citation in the amount of $ is due within 30 days of this hearing.

FINDINGS:

The Hearing Officer finds that the Responsible Party(ies) listed above did commit the violations(s) listed above, which consist of the following:

COMMENTS:

Administrative Penalties and Costs are due within 30 days of this notice.

Daily recurring penalties are billed and payable monthly.

Once the case is abated, a final bill will be generated, and the balance of the unpaid total is due and payable within 30 days.

Signature: Date:

Hearing Officer
Hearing is continued for 90 days by mutual agreement of City and Responsible Party. Prior to the next hearing, the Responsible Party will meet with City Staff and develop a complete application package to apply for all necessary permits to bring the project into compliance with the Guadalupe Municipal Code and submit the completed application to the City Building Department for review.

N/A
11-9-2021
City of Guadalupe
Administrative Hearing Officer
Decision After Hearing
Responsible party(ies): Date: Time:

Property Address: Hearing Officer:

Jack Owen, Jr.

Code Compliance Officer:

Case No.

Compliance Order No.

Type of Hearing: Compliance Order
Appeal of an Administrative Citation
Other:

VIOLATIONS:

Present at Hearing:

Respondent:

Interpreter:

Witness:

Other/Relationship:
**Responsible party(ies) (if other than above):

COMPLIANCE ORDER:

Dismissed
Compliance Achieved – No fines imposed
Continued for Date / Time:

Upheld
Administrative Penalty: $
Administrative Penalties: To begin on: in the amount of $ per day with a maximum fine accrual of $ .

Administrative Costs:

To begin on: . Maximum of $ .

No Maximum, actual costs.

ADMINISTRATIVE HEARING ORDER

HEARING OFFICER DECISION
Jose Martinez 4-21-2022 1:00 PM
866 Guadalupe St
2020-12-10-001
Captain Patrick Schmitz
GMC §15.04.020 California Building Codes adopted, 18.52.12 Walls and fences - Restrictions in all districts,

18.52.121(A) Wall, Fence or Hedge - Height requirements, 18.64.040 Landscape Specifications and minimum standards, 18.84.020 Buildings/structures not in conformity deemed unlawful
2020-12-10-001
Ruben Dorado – Agent for Owner
60 Days 6-23-2022/2:00 PM
ATTACHMENT 11
FINDINGS:

The activity, condition, or conduct stated in the Compliance Order exist on the property or existed after the Compliance date specified in the Compliance Order, which consists of the following:

; AND
No activity, condition or conduct existed beyond the control of any person that prevented compliance with the Compliance Order; AND
The parties in the Compliance Order are responsible parties because:

COMMENTS:

ADMINISTRATIVE CITATION:

Dismissed (Advance deposit to be refunded.)
Continued for Date / Time:

Upheld
Deposit will not be refunded.

Administrative Citation in the amount of $ is due within 30 days of this hearing.

FINDINGS:

The Hearing Officer finds that the Responsible Party(ies) listed above did commit the violations(s) listed above, which consist of the following:

COMMENTS:

Administrative Penalties and Costs are due within 30 days of this notice.

Daily recurring penalties are billed and payable monthly.

Once the case is abated, a final bill will be generated, and the balance of the unpaid total is due and payable within 30 days.

Signature: Date:

Hearing Officer
Responsible Party agrees to waive formal notice of hearing date change should it be necessary to change the date.

Hearing is continued for 60 days by mutual agreement of City and Responsible Party. Prior to the next hearing, the Responsible Party shall prepare and submit to the City, plans to correct the Landscape requirement violation and the unpermitted sheds constructed on the property. 4-21-2022
N/A
All of the above violations existed on and after the Compliance date set forth in the Compliance Order. This is based on testimony and evidence from Captain Schmitz at prior hearings on 9-8-2021 and 11-9-2021. In addition, testimony from Martinez and Dorado supported all testimony and evidence provided at prior hearings.

Based on documents provided by Captain Schmitz from Santa Barbara County Assessors Office and testimony of Martinez and Dorado. at the hearing dated 9-8-2021.

City of Guadalupe
Administrative Hearing Officer
Decision After Hearing
Responsible party(ies): Date: Time:

Property Address: Hearing Officer:

Jack Owen, Jr.

Code Compliance Officer:

Case No.

Compliance Order No.

Type of Hearing: Compliance Order
Appeal of an Administrative Citation
Other:

VIOLATIONS:

Present at Hearing:

Respondent:

Interpreter:

Witness:

Other/Relationship:
**Responsible party(ies) (if other than above):

COMPLIANCE ORDER:

Dismissed
Compliance Achieved – No fines imposed
Continued for Date / Time:

Upheld
Administrative Penalty: $
Administrative Penalties: To begin on: in the amount of $ per day with a maximum fine accrual of $ .

Administrative Costs:

To begin on: . Maximum of $ .

No Maximum, actual costs.

ADMINISTRATIVE HEARING ORDER

HEARING OFFICER DECISION
Jose Martinez 8-23-2022 3:00 PM
X Capt. P. Schmitz
866 Guadalupe St
2020-12-10-001
2020-12-10-001
GMC 15.04.020 CA Building Code Adopted. 18.52.120 Walls and Fences; Restrictions All Districts. 18.52.121(A) Wall, Fence, or Hedge - Height Requirements. 18.64.040 Landscape Specifications and Minimuim Standards. 18.84.020 Building.Structures not in conformity deemed unlawful
Jose Martinez
Ruben Dorado – Agent for Owner
October 25, 2022/3:00 PM
ATTACHMENT 11
FINDINGS:

The activity, condition, or conduct stated in the Compliance Order exist on the property or existed after the Compliance date specified in the Compliance Order, which consists of the following:

; AND
No activity, condition or conduct existed beyond the control of any person that prevented compliance with the Compliance Order; AND
The parties in the Compliance Order are responsible parties because:

COMMENTS:

ADMINISTRATIVE CITATION:

Dismissed (Advance deposit to be refunded.)
Continued for Date / Time:

Upheld
Deposit will not be refunded.

Administrative Citation in the amount of $ is due within 30 days of this hearing.

FINDINGS:

The Hearing Officer finds that the Responsible Party(ies) listed above did commit the violations(s) listed above, which consist of the following:

COMMENTS:

Administrative Penalties and Costs are due within 30 days of this notice.

Daily recurring penalties are billed and payable monthly.

Once the case is abated, a final bill will be generated, and the balance of the unpaid total is due and payable within 30 days.

Signature: Date:

Hearing Officer
This is based on testimony and evidence from Captain Schmitz at prior hearings on 9-8-2021 and 11-9-2021.

Based on documents provided by Captain Schmitz from Santa Barbara County Assessors Office and testimony of Hearing is continued until October 25, 2022 at 3:00 PM. On or before October 24, 2022, the unpermitted structures (sheds) shall be removed from the property, the required landscaping shall be installed and the Building Permit for that work shall be signed off. In addition, a completed application for a Building Permit for the retaining wall and the fencing shall be submitted to the City Building Department. If not completed, an Administrative Penalty of $1000.00 will be assessed.

N/A
8-23-2022
All of the above violations existed on and after the Compliance date set forth in the Compliance Order.

In addition, testimony from Martinez and Dorado supported all testimony and evidence provided at prior hearings.

Martinez and Dorado at the hearing dated 9-8-2021 and 8-23-2022.

City of Guadalupe
Administrative Hearing Officer
Decision After Hearing
Responsible party(ies): Date: Time:

Property Address: Hearing Officer:

Jack Owen, Jr.

Code Compliance Officer:

Case No.

Compliance Order No.

Type of Hearing: Compliance Order
Appeal of an Administrative Citation
Other:

VIOLATIONS:

Present at Hearing:

Respondent:

Interpreter:

Witness:

Other/Relationship:
**Responsible party(ies) (if other than above):

COMPLIANCE ORDER:

Dismissed
Compliance Achieved – No fines imposed
Continued for Date / Time:

Upheld
Administrative Penalty: $
Administrative Penalties: To begin on: in the amount of $ per day with a maximum fine accrual of $ .

Administrative Costs:

To begin on: . Maximum of $ .

No Maximum, actual costs.

ADMINISTRATIVE HEARING ORDER

HEARING OFFICER DECISION
Jose Martinez 6-23-2022 2:00 PM
866 Guadalupe St
Capt. P. Schmitz
2020-12-10-001
2020-12-10-001
Hedge - Height Requirements. 18.64.040 Landscape Specifications and Minimuim Standards. 18.84.020 Building.Structures not in conformity deemed unlawful.

Jose Martinez
Ruben Dorado – Agent for Owner
30 Days 7-26-2022/3:00 PM
GMC 15.04.020 CA Building Code Adopted. 18.52.120 Walls and Fences; Restrictions All Districts. 18.52.121(A) Wall, Fence, or ATTACHMENT 11
FINDINGS:

The activity, condition, or conduct stated in the Compliance Order exist on the property or existed after the Compliance date specified in the Compliance Order, which consists of the following:

; AND
No activity, condition or conduct existed beyond the control of any person that prevented compliance with the Compliance Order; AND
The parties in the Compliance Order are responsible parties because:

COMMENTS:

ADMINISTRATIVE CITATION:

Dismissed (Advance deposit to be refunded.)
Continued for Date / Time:

Upheld
Deposit will not be refunded.

Administrative Citation in the amount of $ is due within 30 days of this hearing.

FINDINGS:

The Hearing Officer finds that the Responsible Party(ies) listed above did commit the violations(s) listed above, which consist of the following:

COMMENTS:

Administrative Penalties and Costs are due within 30 days of this notice.

Daily recurring penalties are billed and payable monthly.

Once the case is abated, a final bill will be generated, and the balance of the unpaid total is due and payable within 30 days.

Signature: Date:

Hearing Officer
All of the above violations existed on and after the Compliance date set forth in the Compliance Order This is based on testimony and evidence from Captain Schmitz at prior hearings on 9-8-2021 and 11-9-2021.

In addition, testimony from Martinez and Dorado supported all testimony and evidence provided at prior hearings.

Based on documents provided by Captain Schmitz from Santa Barbara County Assessors Office and testimony of Martinez and Dorado at the hearing dated 9-8-2021.

Hearing is continued for 30 days. On or before the next hearing date, 7-26-2022, the Responsible Party shall prepare and submit to the City, all documents and fees required to obtain a Building Permit to correct the Landscape and unpermitted shed violations. The approved Building Permit shall be presented at the hearing of 7-26-2022. Failure to present the Permit will result in the assessment of a $500.00 Administrative Penalty.

N/A
6-23-2022
City of Guadalupe
Administrative Hearing Officer
Decision After Hearing
Responsible party(ies): Date: Time:

Property Address: Hearing Officer:

Jack Owen, Jr.

Code Compliance Officer:

Case No.

Compliance Order No.

Type of Hearing: Compliance Order
Appeal of an Administrative Citation
Other:

VIOLATIONS:

Present at Hearing:

Respondent:

Interpreter:

Witness:

Other/Relationship:
**Responsible party(ies) (if other than above):

COMPLIANCE ORDER:

Dismissed
Compliance Achieved – No fines imposed
Continued for Date / Time:

Upheld
Administrative Penalty: $
Administrative Penalties: To begin on: in the amount of $ per day with a maximum fine accrual of $ .

Administrative Costs:

To begin on: . Maximum of $ .

No Maximum, actual costs.

ADMINISTRATIVE HEARING ORDER

HEARING OFFICER DECISION
Jose Martinez 10-25-2022 3:00 PM
866 Guadalupe Street
X Capt. P. Schmitz
2020-12-10-001
2020-12-10-001
GMC 15.04.020 CA Building Code Adopted. 18.52.120 Walls and Fences; Restrictions All Districts. 18.52.121(A) Wall, Fence, or Hedge - Height Requirements. 18.64.040 Landscape Specifications and Minimuim Standards. 18.84.020 Building.Structures not in conformity deemed unlawful.
250.00
1-10-2023/4:00 PM
Jose Martinez
Ruben Dorado – Agent for Owner
ATTACHMENT 11
FINDINGS:

The activity, condition, or conduct stated in the Compliance Order exist on the property or existed after the Compliance date specified in the Compliance Order, which consists of the following:

; AND
No activity, condition or conduct existed beyond the control of any person that prevented compliance with the Compliance Order; AND
The parties in the Compliance Order are responsible parties because:

COMMENTS:

ADMINISTRATIVE CITATION:

Dismissed (Advance deposit to be refunded.)
Continued for Date / Time:

Upheld
Deposit will not be refunded.

Administrative Citation in the amount of $ is due within 30 days of this hearing.

FINDINGS:

The Hearing Officer finds that the Responsible Party(ies) listed above did commit the violations(s) listed above, which consist of the following:

COMMENTS:

Administrative Penalties and Costs are due within 30 days of this notice.

Daily recurring penalties are billed and payable monthly.

Once the case is abated, a final bill will be generated, and the balance of the unpaid total is due and payable within 30 days.

Signature: Date:

Hearing Officer
All of the above violations existed on and after the Compliance date set forth in the Compliance Order.

This is based on testimony and evidence from Captain Schmitz at prior hearings on 9-8-2021 and 11-9-2021.

In addition, testimony from Martinez and Dorado supported all testimony and evidence provided at prior hearings Based on documents provided by Captain Schmitz from Santa Barbara County Assessors Office and testimony of Martinez and Dorado at the hearing dated 9-8-2021 and 8-23-2022.

Hearing is continued to 1-10-2023 at 4:00 PM at request of the City of Guadalupe. The violations related to the unpermitted storage sheds and landscaping have been corrected and are removed from this case. The remaining violations are still uncorrected and will be heard on 1-10-2023.

N/A
10-25-2022
City of Guadalupe
Administrative Hearing Officer
Decision After Hearing
Responsible party(ies): Date: Time:

Property Address: Hearing Officer:

Jack Owen, Jr.

Code Compliance Officer:

Case No.

Compliance Order No.

Type of Hearing: Compliance Order
Appeal of an Administrative Citation
Other:

VIOLATIONS:

Present at Hearing:

Respondent:

Interpreter:

Witness:

Other/Relationship:
**Responsible party(ies) (if other than above):

COMPLIANCE ORDER:

Dismissed
Compliance Achieved – No fines imposed
Continued for Date / Time:

Upheld
Administrative Penalty: $
Administrative Penalties: To begin on: in the amount of $ per day with a maximum fine accrual of $ .

Administrative Costs:

To begin on: . Maximum of $ .

No Maximum, actual costs.

ADMINISTRATIVE HEARING ORDER

HEARING OFFICER DECISION
Hedge - Height Requirements. 18.64.040 Landscape Specifications and Minimuim Standards. 18.84.020 Building.Structures not in conformity deemed unlawful.

Jose Martinez 2-28-2023 3:00 PM
866 Guadalupe Street
GMC 15.04.020 CA Building Code Adopted. 18.52.120 Walls and Fences; Restrictions All Districts. 18.52.121(A) Wall, Fence, or Ruben Dorado – Agent for Owner
5-2-2023 250.00
10,000.00
X Capt. P. Schmitz
2020-12-10-001
2020-12-10-001
Respondent was reported to be sick and unable to attend. *This decision may be appealed to the Guadalupe City Council as set forth in Section 8.50.190 of the Guadalupe Municipal Code.*
ATTACHMENT 11
FINDINGS:

The activity, condition, or conduct stated in the Compliance Order exist on the property or existed after the Compliance date specified in the Compliance Order, which consists of the following:

; AND
No activity, condition or conduct existed beyond the control of any person that prevented compliance with the Compliance Order; AND
The parties in the Compliance Order are responsible parties because:

COMMENTS:

ADMINISTRATIVE CITATION:

Dismissed (Advance deposit to be refunded.)
Continued for Date / Time:

Upheld
Deposit will not be refunded.

Administrative Citation in the amount of $ is due within 30 days of this hearing.

FINDINGS:

The Hearing Officer finds that the Responsible Party(ies) listed above did commit the violations(s) listed above, which consist of the following:

COMMENTS:

Administrative Penalties and Costs are due within 30 days of this notice.

Daily recurring penalties are billed and payable monthly.

Once the case is abated, a final bill will be generated, and the balance of the unpaid total is due and payable within 30 days.

Signature: Date:

Hearing Officer
This is based on testimony and evidence from Captain Schmitz at prior hearings on 4-21-2022, 6-23-2022, 8-23-2022 9-8-2022, 10-5-2022, 11-9-2022, and 2-28-2023. In addition, testimony from Martinez and Dorado supported all testimony and evidence provided at prior hearings
Based on documents provided by Captain Schmitz from Santa Barbara County Assessors Office and testimony of and 2-28-2023.

Martinez and Dorado at prior hearings on 4-21-2022, 6-23-2022, 8-23-2022, 9-8-2022, 10-5-2022, 11-9-2022, N/A
2-28-2023
All of the above violations existed on and after the Compliance date set forth in the Compliance Order.

The violations related to the unpermitted storage sheds and landscaping have been corrected and have been removed from this case on 11-9-2022.

All violations shall be corrected and inspected on or before MONDAY, 5-1-2023 at 4:00PM. If all violations have not been corrected by 5-1-2023, Daily Administrative Penalties of $250.00 per day, will begin on 5-2-2023 and continue until all violations are corrected or the maximum accrual of $10,000.00 is reached.

From: [email protected] <[email protected]>
Sent: Monday, March 13, 2023 3:07 PM
To: Amelia Villegas - City Clerk <[email protected]> Subject: Appeal Letter for #2020-12-10-001
Hi Juana here is our written letter appeal please send an email back notifying me that you received it.

Ruben Dorado
Jose Martinez
864 Guadalupe St.

Guadalupe CA 93434
Case #2020-12-10-001
To whom it may concern:

My name is Ruben Dorado. I am a resident and business owner here in Guadalupe. I am writing to appeal for case no 2020-12-10-001 and believe that the final decision made in our hearings were unjust and biased. We believe due to the unfairness, mismanagement and negligence of the building department and code enforcement. We believe that we deserve a fair trial to this case with the city council/ planning commission.

We build a retaining wall not for the intention to violate codes. We Always believed we were in the right since we started. we emailed and reached out to the building department but the information they gave us was incorrect. Due to their negligence, we broke codes that were never in our intention to do so. Due to their inattentiveness, we have reached these problems.

There are tons of violations happening within the city of Guadalupe that haven’t been corrected therefore we believe that we are being unfairly treated. We feel that we are being picked on.

Our intention was never to violate any codes. We see the potential of this city and we want to improve it not degrade it. And we hope to keep what we have done. We will present our full rebuttals for the appeal in front of the city council/ planning commission in full detail if that is satisfactory to you.

Thank you for giving us the opportunity to appeal this case. If you need any additional information or have any questions, please follow up with me at [email protected].

Sincerely Ruben,
ATTACHMENT 12
Date Mailed: April 29, 2023
Case No. 2020-12-10-001

CITY OF GUADALUPE

NOTICE OF HEARING ON APPEAL OF HEARING
OFFICER’S DECISION

ON A COMPLIANCE ORDER AND NUISANCE

ABATEMENT ORDER
DATE: May 9, 2023
TIME: 06:00 P.M.

LOCATION: City Hall Council Chambers
918 Obispo St.

Guadalupe, California 93434
NOTICE is hereby given that the City Council of the City of Guadalupe will hold a hearing, as noted above, on the appeal filed by the below listed responsible party, from a decision rendered by the City of Guadalupe’s Code Compliance Hearing Officer Jack Owen dated February 28, 2023:

RESPONSIBLE PARTY (PARTIES): JOSE MARTINEZ
4544 CASTILLO DR.

GUADALUPE, CA 93434
ADDRESS OF VIOLATION: LOT BEHIND 866 GUADALUPE ST.,
GUADALUPE, CA 93454 (APN: 115-101-009)
VIOLATIONS: 15.04.020 California Building Codes adopted.

18.52.120 Walls and fences—Restrictions in all districts.

18.52.121(A) Wall, Fence or Hedge - Height requirements.

18.64.040 Landscape Specifications and minimum standards

18.84.020 Buildings/structures not in conformity deemed unlawful
This hearing on appeal will be conducted pursuant to Guadalupe Municipal Code section 8.50.190.

A copy of this Notice of a Hearing on Appeal has been served on the responsible party listed above via first class mail.

ATTACHMENT 13
1 RESOLUTION NO. 2023-37

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA, DENYING THE APPEAL OF A NUISANCE ABATEMENT ORDER DATED FEBRUARY 28, 2023, CONCERNING GUADALUPE MUNICIPAL CODE VIOLATIONS AT 866 GUADALUPE STREET WHEREAS, on February 28, 2023, the City’s Code Compliance Hearing Officer, Jack Owen, issued a nuisance abatement order in City of Guadalupe Code Compliance Case No. 2020-12-01-001, finding: (1) that all of the violations listed on a compliance order dated July 7, 2021, existed on and after the July 27, 2021, compliance date set forth in said compliance order, (2) that Jose Martinez and Ruben Dorado are “responsible parties” (as defined under the Guadalupe Municipal Code), and (3) that no activity, condition or conduct existed beyond the control of any person that prevented compliance with the compliance order; and WHEREAS, the nuisance abatement order also provided that:

All violations shall be corrected and inspected on or before MONDAY, 5-1-2023 at 4:00PM. If all violations have not been corrected by 5-1-2023, Daily Administrative Penalties of $250.00 per day, will begin on 5-2-2023 and continue until all violations are corrected or the maximum accrual of $10,000.00 is reached; and WHEREAS, on March 6, 2023, the nuisance abatement order was served on the responsible parties, Jose Martinez and Ruben Dorado, and that Ruben Dorado, on his own behalf and on behalf of Jose Martinez, timely filed an appeal of the nuisance abatement order on March 13, 2023, within seven (7) days from the date of service of the nuisance abatement order as required by Guadalupe Municipal Code section 8.50.190.A.; and
WHEREAS, a hearing on the appeal was scheduled to take place on May 9, 2023, within 60 days from the date of the filing of the appeal, as required by Guadalupe Municipal Code section

8.50.190.C., and ten (10) days’ written notice of this date was given to the responsible parties on April 29, 2023, also as required by Guadalupe Municipal Code section 8.50.190.C.; and WHEREAS, on May 9, 2023, the City Council held a hearing on the appeal, which included a detailed staff report with evidentiary attachments as part of the administrative record, all of which are incorporated in this Resolution as if set forth fully herein; and WHEREAS, the responsible parties, Jose Martinez and Ruben Dorado, were given an opportunity to be heard by the City Council concerning the reasons why they believed the nuisance abatement order should be overruled or modified; and
ATTACHMENT 14
2 WHEREAS, the City Council asked questions of the responsible parties and City staff in addition to deliberating the merits of the City’s case and the responsible parties’ appeal, including the statements and testimony given by the responsible parties and City staff; and WHEREAS, Section 8.50.160.B. of the Guadalupe Municipal Code concerning a nuisance abatement order provides that:

B. The Hearing Officer shall issue a Nuisance Abatement Order by resolution if it finds that:

1. The activity, condition, or conduct stated in the Compliance Order exist on the property or existed after the compliance date specified in the Compliance Order;

2. No activity, condition or conduct existed beyond the control of any person that prevented compliance with the Compliance Order; and

3. The parties in the Compliance Order are responsible parties; and WHEREAS, the City Council deliberated whether the nuisance abatement order was issued by the hearing officer in compliance with the requirements of Guadalupe Municipal Code section

8.50.160.B.; and
WHEREAS, the City Council considered no evidence that could not reasonably have been presented to the hearing officer pursuant to Guadalupe Municipal Code section 8.50.190.D.

NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Guadalupe:

SECTION 1: The foregoing recitals are adopted as true.

SECTION 2: After considering the administrative record as presented by the staff report and attachments as well as the admissible evidence presented by City staff and the responsible parties at the hearing on the responsible parties’ appeal, the City Council finds that the hearing officer issued the nuisance abatement order consistently with the requirements of Guadalupe Municipal Code section 8.50.160.B., and that the violations have not been corrected, and therefore, pursuant to Guadalupe Municipal Code section 8.50.190, the action and decision by the hearing officer is hereby confirmed.

SECTION 3: Pursuant to Guadalupe Municipal Code the City Council hereby declares that the subject property is a public nuisance and orders the abatement of violations as set forth in the compliance order dated July 7, 2021, to be accomplished no later than by within 60 days from the date of this Resolution, and that the administrative penalties in the amount of $250 per day as stated in the nuisance abatement order shall continue to accrue from May 2, 2023, until the sooner of the abatement of all violations or the maximum administrative penalty of $10,000 is reached.

SECTION 4: The Council’s decision is final.
3 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.

PASSED AND ADOPTED at a regular meeting of the City Council of Guadalupe held on May 9, 2023, by the following roll call 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 C.C. Resolution No. 2023-37 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held on May 9, 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