June 13, 2023 City of Guadalupe Council Meeting Agenda Page 1 of 5 City of Guadalupe
AGENDA
Regular Meeting of the Guadalupe City Council and
Special Meeting of the Successor Agency to the Guadalupe Redevelopment Agency Board
Tuesday, June 13, 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, June 13, 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
June 13, 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
A. Juneteenth - Proclamation
B. Expressing Appreciation to Shannon Sweeney - Proclamation
6. PRESENTATION
A. Long-Term Financial Planning Presentation by Cameron Weist –The Weist Law Firm and Andrew Flynn – California Municipal Advisors LLC
B. Central Park Renovation Project Presentation by Pacific Coast Land Design (Guadalupe’s New Central Park) YouTube Video https://www.youtube.com/watch?v=fQ4bFrFD9Hg
7. 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.
8. CONSENT CALENDAR
The following items are presented for City Council approval without discussion as a single agenda item in order to expedite the meeting. Should a Council Member wish to discuss or disapprove an item, it must be dropped from the blanket motion of approval and considered as a separate item.
A. Waive the reading in full of all Ordinances and Resolutions. Ordinances on the Consent Calendar will be adopted by the same vote cast as the first meeting unless City Council indicates otherwise.
B. Approve payment of warrants for the period ending June 1, 2023.
C. Approve the Minutes of the City Council regular meeting of May 23, 2023.
D. Adopt Resolution No. 2023-41 directing staff to forward to the Auditor Controller’s Office of the County of Santa Barbara the Water Standby Charges for vacant parcels within the City of Guadalupe for fiscal year 2023-24.
E. Adopt Resolution No. 2023-42 authorizing submission of corrections to a previously submitted application and conditionally approved grant for funding of wastewater June 13, 2023 City of Guadalupe Council Meeting Agenda Page 3 of 5 collection system improvements from the State of California Community Development Block Grant Program (CDBG) and authorize the Mayor or designee to sign the corrected resolution, application, grant agreement, and supporting documents.
F. Adopt Resolution No. 2023-43 approving a contract with Standard Demolition, Inc. in the amount of $37,721.00 for demolition of the Bonita Tank.
G. Adopt Resolution No. 2023-44 authorizing the City to enter into an agreement with JAS Pacific for building official and plan check services.
H. Adopt Resolution No. 2023-45 authorizing the City to enter into an agreement with David.
R. Rose for independent professional building inspector services.
I. Approve the Annual Fiestas Patrias Celebration in Guadalupe to be held on Saturday and Sunday, September 16 and 17, 2023.
J. Adopt Resolution No. 2023-46 initiating proceedings for the annual levy of assessments for the Pasadera Landscape and Lighting District for fiscal year 2023-2024; and adopt Resolution No. 2023-47 approving the Engineer’s Report for the Pasadera Landscape and Lighting District and declaring the City Council intent to levy assessments.
K. MONTHLY REPORTS FROM DEPARTMENT HEADS
1. Planning Department report for May 2023
2. Building Department report for May 2023
3. Public Works/Engineering report for May 2023
9. CITY ADMINISTRATOR REPORT: (Information Only)
10. DIRECTOR OF PUBLIC SAFETY REPORT: (Information Only)
PUBLIC HEARING
11. Guadalupe Benefit Assessment District No. 1 (FY 2023-24) – Public Hearing.
Written report: Shannon Sweeney, Public Works Director/City Engineer Recommendation: That the City Council conduct the public hearing to provide all present with an opportunity to speak regarding the assessment for the Guadalupe Benefit District No. 1 and adopt Resolution No. 2023-48 setting the proposed assessments.
12. Guadalupe Lighting District (FY 2023-24) – Public Hearing.
Written report: Shannon Sweeney, Public Works Director/City Engineer Recommendation: That the City Council conduct a public hearing to provide all present with an opportunity to speak regarding the assessments for the Guadalupe Lighting District and adopt Resolution No. 2023-49 setting the proposed assessments.
June 13, 2023 City of Guadalupe Council Meeting Agenda Page 4 of 5
REGULAR BUSINESS
13. Community Benefit Agreement between the City of Guadalupe and Central Coast Processing LLC.
Written report: Todd Bodem, City Administrator
Recommendation: That the City Council adopt Resolution No. 2023-50 approving the Community Benefit Agreement by and between the City of Guadalupe, a municipal corporation of the State of California (“City”) and Central Coast Processing LLC, a California corporation (“CCP”), located at 151 Obispo Street, Guadalupe, CA 93434 (the “Site”).
14. FUTURE AGENDA ITEMS
15. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS
16. ADJOURNMENT TO SUCCESSOR AGENCY BOARD MEETING
SUCCESSOR AGENCY
17. Declaration of certain agency-owned land as surplus (Al’s Union Site, 995 Guadalupe Street, APN 115-071-001) and authorize the Successor Agency Executive Director to send Notices of Availability as to the surplus land.
Written report: Philip F. Sinco, Agency Counsel
Recommendation: That the Successor Agency adopt SA Resolution No. 2023-02 declaring the Successor Agency-owned real property at 995 Guadalupe Street (former Al’s Union site) to be surplus pursuant to the Surplus Land Act (Gov. Code, § 54220 et seq.).
18. 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 7th day of June 2023.
______________________________
Todd Bodem, City Administrator
Todd Bodem
June 13, 2023 City of Guadalupe Council Meeting Agenda Page 5 of 5
PROPOSED FUTURE CITY COUNCIL AGENDA ITEMS
Council Meeting: Date and Subject Department Agenda Category Tuesday, June 27, 2023, at 6:00 pm / Regular Meeting
Los Amigos de Guadalupe Contract Amendment Public Works Department Consent Calendar Pasadera LLD FY 23-24 Public Works Department Public Hearing CDBG – CV1 2020 Grant Closeout (Guadalupe Food Bank
Covid-19 Delivery Services)
Los Amigos de Guadalupe Public Hearing
Fiscal Year 2021-22 Audited Financial Statements and
Single Audit Report
Finance Department Regular Business
Budget FY 23-24 Finance Department Regular Business
Gann Limit FY 22-23 & 23-24 Finance Department Regular Business Waste Management Contract Extension Public Works Director Regular Business Tuesday, July 11, 2023, at 6:00 pm / Regular Meeting
Draft Housing Element Planning Department Public Hearing Tuesday, July 25, 2023, at 6:00 pm / Regular Meeting
Central Coast Community Energy 3CE Presentation
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 Rent Stabilization New Business
State of City Report July 2023 Admin Dept. New Business Agenda Item No. 5A.
Agenda Item No. 5B
Long-Term
Financial
Planning
City of Guadalupe
June 13, 2023
General Overview
Agenda Item No. 6A
2023 Page 2 City of Guadalupe 2
Presenters
Cameron Weist, Esq.
The Weist Law Firm – Bond Counsel (Fiduciary)
• Special legal counsel to City; assures City’s interests are protected • Prepares all resolutions, policies, legal and financial documentation • Assures process and documentation is in accordance with laws and regulations Andrew Flynn, Managing Director
California Municipal Advisors LLC –Registered Municipal Advisor (Fiduciary) • Assures City’s financial and policy interests are protected • Regulated by SEC and MSRB to act in City’s best interest • Manages financial details on behalf of City
2023 Page 3 City of Guadalupe 3
Key Goals
Pension Analysis
Assess pension liabilities
• Draft pension liability
management policy
• Assess unfunded accrued
liabilities
• Provide financing
options/debt service
options
Long Term Financial Plan
• Attract capital at lowest
cost
• Ensure financial
sustainability
• Create budget
predictability
Let’s dive in
Long Term
Financial Plan
2023 Page 5 City of Guadalupe 5
What’s
Included Analyze current financial position Policy Review/Drafting Pension/OPEB Management Capital Financing Planning Alternative Funding Sources 2023 Page 6 City of Guadalupe 6
The Process
Establish Goals &
Priorities
Review Past
Performance
Develop Policies Long Term
Financial Plan
Implement &
Monitor
2023 Page 7 City of Guadalupe 7
Revenue Analysis
Common Revenue Sources
• Ad Valorem
• Assessments & Special Tax
• Impact Fees & User Fees
• Grants & Subsidies
• Other
2023 Page 8 City of Guadalupe 8
Expense Analysis
Common Expenses
• Operational Expenses
• Capital Expenses
• Pension Liabilities
• OPEB
• Other
2023 Page 9 City of Guadalupe 9
Alternative
Funding Sources
• Impact & User Fees
• Assessments & Special Taxes
• Private borrowing from PFA
• Capital Financing/Pension Financing
• Grants and Loan Forgiveness
• Low-Cost Financing from State & Federal
Government
Creative Solutions
Pension &
Capital
Improvements
2023 Page 11 City of Guadalupe 11
Pension Funding Status
Definitions:
Total Accrued Liability = What You Need
Market Value of Assets = What You Have
Unfunded Actuarial Liability = What You Owe
Two Pension Plans:
Classic: Miscellaneous & Safety
PEPRA: Miscellaneous, Police & Fire
Both Classic Plans
represent a significant savings opportunity
Miscellaneous* Safety* PEPRA - Police* PEPRA - Misc* PEPRA - Fire* Combined 2021 Total Accrued Liability $9,510,371 $8,001,538 $634,201 $471,372 $119,716 $18,737,198 2021 Market Value of Assets $7,927,295 $6,894,028 $646,376 $499,870 $127,154 $16,094,723 2021 Unfunded Actuarial Liability (UAL) $1,583,076 $1,107,510 -$12,175 -$28,498 -$7,438 $2,642,475 2021 % Funded 83.4% 86.2% 101.9% 106.0% 106.2% 85.9%
2022 New UAL Estimate $1,130,270 $964,640 $82,555 $62,545 $15,897 $2,255,908 2022 Total UAL Estimate $2,713,346 $2,072,150 $70,380 $34,047 $8,459 $4,898,383 2022 % Funded Estimate 73.3% 75.8% 89.6% 93.2% 93.4% 75.5% Source: CalPERS Actuarial Valuation as of June 30, 2021 * Included in analysis
2023 Page 12 City of Guadalupe 12
Estimated 2022 Investment Impact
06/30/2021 Actuarial Valuation
INCLUDES: • UAL Payments Only
• Estimated impact of -6.1% Return
DOES NOT INCLUDE: • All Plans – Normal Cost
As of 2021
Principal $4.9M
Interest $3.6M
Total Due $8.5M
Funded Percent
75.5%
2023 Page 13 City of Guadalupe 13
Capital Financing Scenario
UAL Capital
Rate 6.80% 3.25%
UAL $2.21M $1.28M
Savings - $0.93M
Scenario Includes: • $1M spend on either UAL or Capital Project • 15 Year Amortization for Capital Project • $1M Base with 20-year Ramped Amortization
• UAL Discount Rate – 6.80%
• Tax-Exempt Capital Financing Rate – 3.25%
Estimated Savings
$930K
2023 Page 14 City of Guadalupe 14
Baseline UAL Refinancing Scenario
Includes assumed impact of the 2022 -7.4%
investment earnings.
Savings are based on 6.8% CalPERS discount
rate. CalPERS is currently reassessing this and
the discount rate and may change.
Interest Rate estimates are based on current
market rates. Actual rates may vary.
Refinancing amounts include semi-annual
loan payments and costs of issuance.
Years 1-10 Years 11-15 Years 16-25 Total
$4,898,383 7.00% $ - $ - $ - $ -
$2,917,872
A 10 years 60% ($3,017,872) 4.25% ($570,908) $2,342,682 $1,287,778 $3,059,551 B 15 years 60% ($3,017,872) 4.75% $337,742 $913,401 $1,287,778 $2,538,921 C 20 years 60% ($3,017,872) 5.00% $774,686 $647,549 $561,292 $1,983,528 Total Finan cing
Cost
Es t
Interest
Rate
Cas h Flow Savings
Current CalPERS UAL
UAL Refinanced (59.57%)
Sc enario Term % of UAL
Refun ded
2023 Page 15 City of Guadalupe 15
Baseline UAL Refinancing Scenario
As of 2021 Est. Savings
Principal $4.9M -
Interest $1.7M $2.0M
Total Due $6.6M $2.0M
06/30/2021 Actuarial Valuation
INCLUDES: • UAL Payments Only
• Estimated impact of -7.4% Return
• 20-year Refinancing
DOES NOT INCLUDE: • All Plans – Normal Cost
Funded Percent
90.1%
2023 Page 16 City of Guadalupe 16
Financing
Scenarios
ATTRIBUTE
20-YEAR
FINANCING
SCENARIO
40-YEAR
FINANCING
SCENARIO
Principal Amount $2,900,000 $2,900,000
Costs of Issuance $100,000 $100,000
Total Financed $3,000,000 $3,000,000
Interest Rate 4.500% 4.500%
Average Life 11.95 years 26.1 years
Avg Ann DS $230,660 $163,071
DATE
20-YEAR
FINANCING
SCENARIO
40-YEAR
FINANCING
SCENARIO
7/1/2024 $230,000 $162,000
7/1/2025 $230,725 $162,785
7/1/2026 $230,225 $163,480
7/1/2027 $230,545 $163,085
7/1/2028 $230,640 $162,645
7/1/2029 $230,510 $163,160
7/1/2030 $231,155 $162,585
7/1/2031 $230,530 $162,965
7/1/2032 $230,680 $163,255
7/1/2033 $230,560 $163,455
7/1/2034 $231,170 $163,565
7/1/2035 $230,465 $162,585
7/1/2036 $230,490 $162,560
7/1/2037 $231,200 $163,445
7/1/2038 $230,550 $163,195
7/1/2039 $230,585 $162,855
7/1/2040 $231,260 $163,425
7/1/2041 $230,530 $162,860
7/1/2042 $230,440 $163,205
7/1/2043 $230,945 $163,415
7/1/2044 - $163,490
7/1/2045 - $163,430
7/1/2046 - $163,235
7/1/2047 - $162,905
7/1/2048 - $163,440
7/1/2049 - $162,795
7/1/2050 - $163,015
7/1/2051 - $163,055
7/1/2052 - $162,915
7/1/2053 - $162,595
7/1/2054 - $163,095
7/1/2055 - $163,370
7/1/2056 - $163,420
7/1/2057 - $163,245
7/1/2058 - $162,845
7/1/2059 - $163,220
7/1/2060 - $163,325
7/1/2061 - $163,160
7/1/2062 - $162,725
7/1/2063 - $163,020
Total $4,613,205 $6,522,825
2023 Page 17 City of Guadalupe 17
Next Steps
Information
Gathering
Preliminary Proforma Strategic Planning
Team Check-In + Initial
Development Phase
Financial Plan and Policy Development Completion
Board Adoption
• City to provide: • 5 years of past Audits
• Any transition plans • Anticipated CIP needs
• Organic
documentation
establishing existing
assessments
• Pension plans
• Copies of existing
financial policies
• Check-in meetings to review
process
• Team review of Strategic
Financial Plan modules
• Kick-off Pension, Investment,
Reserve and Debt Management
Policy development
• Presentation to the
Board of Strategic
Financial Plan,
finalized Policies and
any related
recommended actions
1 – 2 weeks*
1 – 2 months*
1 month*
2 - 3 months*
1 week* Financial Plan and
Project
Implementation
Ongoing*
• Implement objectives
set forth if the
Financing Plan.
Procure Financing,
design/bid, build,
ongoing compliance,
plus other evolving
dynamics and needs
of the City.
• Team to begin development of
proforma models for Strategic
Financial Plan with
comprehensive Pension Analysis
• Education on CalPERS
framework, cost drivers,
investment performance and
current approach
• Overview of Pension Cost
Mitigation strategies
• Team will work with Staff
to develop and refine
Strategic Financial Plan and
Policies, provide financial
modeling to support
decision-making
• Determine recommended
actions to mitigate costs
and enhance revenues
2023 Page 18 City of Guadalupe 18
Summary
We manage the entire process for you
From development to execution we are here
for your success
Ongoing Support
As the economy changes, we will update our
projections accordingly for accurate info
We keep track of opportunities
We stay up to date with recent legislation
and federal funding opportunities for you
Long-Term Organization
Working with consultant long-term leads
to strategic success for many generations
An extension of your staff
A team of specialized municipal advisors
and bond counsel working for you
Plan Execution
We don’t just develop a plan we help you
implement the plan every step of the way
2023 Page 19 City of Guadalupe 19
Thank you for your time and
consideration. We look forward to
working together.
Please feel free to contact any of our
presenters below.
Conclusion
Cameron Weist
Weist Law
(831) 438-7900
[email protected]
Andrew Flynn
CalMuni Advisors
(415) 310-1255
[email protected]
Government Finance Officers
Association
“Long-term financial planning relates to
strategic planning, developing financial
policies, capital improvement planning, and
budgeting, but it is inherently different... Each
process fulfills a different combination of
planning purposes. As such, long-term
financial planning is most valuable when
accompanied by these other planning
processes and often communicated together."
1 CENTRAL PARK
RENOVATION
PROJECT
Pacific Coast Land Design for the City of Guadalupe
Tuesday, June 13, 2023
PCLD: CA License #6044
Agenda Item No. 6B
2 • Review Original Grant Scope Site Plan • Public Outreach Workshop • Illustrative Site Plan • Renderings • Grant Scope Diagrams • Project Costs • Next Steps AGENDA
3 GRANT CONCEPT SITE PLAN
4 PUBLIC OUTREACH WORKSHOP
5 PUBLIC OUTREACH WORKSHOP
6 PUBLIC OUTREACH WORKSHOP
7 PUBLIC OUTREACH WORKSHOP
8 PUBLIC OUTREACH WORKSHOP
9 PUBLIC OUTREACH WORKSHOP
10 ILLUSTRATIVE SITE PLAN
11 ILLUSTRATIVE SITE PLAN
12 BIRD’S-EYE RENDERING
13 BIRD’S-EYE RENDERING
14 RENDERINGS
15 RENDERINGS
16 SKATEPARK RENDERINGS
17 SKATEPARK RENDERINGS
18 SKATEPARK RENDERINGS
19 GRANT SCOPE DIAGRAMS
20 GRANT SCOPE DIAGRAMS
21 GRANT SCOPE DIAGRAMS
22 GRANT SCOPE DIAGRAMS
23 COST ESTIMATE
TOTAL COST
GENERAL (FIXED CONSTRUCTION COSTS) $281,236
DEMOLITION $96,188
EARTHWORK & DRAINAGE $101,316
WATER & SEWER CONNECTIONS $94,500
HARDSCAPE $442,194
SKATEPARK $395,450
AMENITIES $795,250
RESTROOMS $255,000
WALLS AND FENCES $312,370
IRRIGATION $64,359
LIGHTING/ELECTRICAL/SECURITY $290,000
PLANTING $109,874
SUBTOTAL $3,237,736
CONSTRUCTION CONTINGENCIES $488,503
TOTAL CITY + CONSULTANT DESIGN & CONSTRUCTION ADMINISTRATION COSTS $1,347,527 REVENUE (LIGHTING DISTRICT FUNDING) $200,000
ROUGH PRELIMINARY ESTIMATE $4,873,766
GRANT SCOPE COST ESTIMATE $4,887,084
COST COMPARISON $13,318
24 GRANT SCOPE COST COMPARISON
$- $200,000.00 $400,000.00 $600,000.00 $800,000.00 $1,000,000.00 Construct a New Dog Park
Construct a New Skate Park
Construct a New 1/2 Basketball Court
Construct a New Bocce Ball Court
Construct New Adult Exercise Equipment
Construct New Game Board Tables
Construct New Picnic Tables with Small BBQ Pits
Construct New Swings
Construct New Rockers/Spinners
Construct a Recreation Climbing Structure, Landing Pad, and Public Art on Water Tower Construct a New Public Restroom
Renovate Existing Chain Link Fence
Construct New Lighting Throughout Park
Construct New Art in the Park
Renovate Existing Sidewalks and Paths
Construct New Landscaping Throughout the Park (includes turf) Construct a 9th and 10th Street Perimeter Wall with Public Art Current PCLD Estimate Grant Scope Estimated Cost
25 GRANT SCOPE COST COMPARISON
$-
$1,000,000.00
$2,000,000.00
$3,000,000.00
$4,000,000.00
$5,000,000.00
$6,000,000.00
Grant Scope Estimated Cost Current PCLD Estimate
Grant Scope vs. PCLD Estimate
Construct a 9th and 10th Street Perimeter Wall with Public Art Construct New Landscaping Throughout the Park (includes turf) Renovate Existing Sidewalks and Paths
Construct New Art in the Park
Construct New Lighting Throughout Park
Renovate Existing Chain Link Fence
Construct a New Public Restroom
Construct a Recreation Climbing Structure, Landing Pad, and Public Art on Water Tower
Construct New Rockers/Spinners
Construct New Swings
Construct New Picnic Tables with Small BBQ Pits
Construct New Game Board Tables
Construct New Adult Exercise Equipment
Construct a New Bocce Ball Court
$4,887,085 Total Grant Award $4,896,421.31
26 Project
Management
8/25-11/13/23
Preliminary
Investigations
8/25-9/22/22
Conceptual
Design
8/26-1/10/23
Design
Development
1/11-6/19/23
Construction
Documents
6/19/23-2/13/24
Construction
Support
Early 2024 – Early
2025
NEXT STEPS: PROJECT TIMELINE
Prep�
Agenda Item No. 8B
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of June 13, 2023
Approved by:
Veronica Fabian
Finance Account Clerk 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 June 14, 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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59 May 23, 2023 City of Guadalupe Council Meeting Minutes Page 1 of 17
MINUTES
City of Guadalupe
Regular Meeting of the Guadalupe City Council
Tuesday, May 23, 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 asked Mr. Todd Bodem to read the plaque that the City recently received. The inscription read as follows:
California Chapter of the American Planning Association – Central Coast Section
2023 Award of Excellence
City of Guadalupe 2042 General Plan
Ariston Julian, Mayor
Todd Bodem, City Manager
Larry Appel, Planning Director
And
EMC Planning Group
Comprehensive Plan – Small Jurisdiction Award
Mr. Bodem added that we have just applied for the State of California award, which will be similar, but on a larger scale. There were two identical plaques given to the City, and it was appropriate to present one to Mr. Larry Appel.
On another matter, Mayor Julian said, “Juan [Esparza] did a lot of cleaning up by West Main Street and Point Sal Dunes. He did an excellent job with all of that.” Agenda Item No. 8C
May 23, 2023 City of Guadalupe Council Meeting Minutes Page 2 of 17 CM Lizalde said, “Thank you to CM Christina Hernandez for the Viva el Arte concert this past Saturday with the band, Las Cafeteras. It was a nice show and great opportunity for the community to come together. I also would like to thank the teachers in our community who will be wrapping up the school year soon, here and elsewhere. So, thank you for another year teaching our youth and for helping students reach their educational goals.”
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. COMMUNITY PARTICIPATION FORUM
Mayor Julian read an email from Shirley Boydstun which, in part, said that she was inviting the City Staff, those at the meeting, those viewing the council meeting, and any others to help celebrate her 95th birthday on Sunday, June 4th, from 1:00 p.m. to 3:00 p.m. in the City Hall auditorium.
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 May 15, 2023, and ratify payment of warrants for the period ending May 1, 2023.
C. Approve the Minutes of the City Council regular meeting of May 9, 2023.
D. Adopt on the second reading, Ordinance No. 2023-510 amending Chapter 10.24 of the Guadalupe Municipal Code regarding stopping, standing, and parking concerning parking restrictions at City Hall.
E. Adopt Resolution No. 2023-38 approving the reclassification of the Permit Technician position to the Permit and Planning Technician position and new salary schedule.
F. MONTHLY REPORTS FROM DEPARTMENT HEADS
1. Public Safety Department:
a. Police Department report for April 2023
b. Fire Department report for April 2023
c. Code Compliance report for April 2023
2. Human Resources report for April 2023
May 23, 2023 City of Guadalupe Council Meeting Minutes Page 3 of 17 Motion was made by Council Member Lizalde and seconded by Council Member Costa, Jr. to approve the full Consent Calendar. 5-0 Motion passed.
7. CITY ADMINISTRATOR REPORT: (Information Only)
Aside from what is in Mr. Bodem’s written report, he said the following: I sent an email today, maybe prematurely, to the City Council regarding a joint meeting with the Recreation & Parks Commission and the City Council to go over the fee schedule for facilities and parks. I thought it might to better if we went by committee, two (2) members from the Commission and two (2) from the Council. That way it would give us more time to gather some more facts and information as it pertains to actual costs.
Mayor Julian added, “We should also have Janice Davis, Finance Director, present, too. We’re close to our budget processing for next year, and it would be good to have the fee schedule known.
We can determine later who will be at the joint meeting. Todd can work on that.” There was a brief comment made regarding looking further into a “Mello Roos” Community Service Facilities District. There’s a group that’s going to present next week on another matter of unfunded liability in PERS. They also work with “Mello Roos” and special assessment districts. Maybe something to bring forward and I can work with the city attorney to look at assessment districts as a way to generate revenue for the City for public safety and recreation.
Department heads will be given their budget worksheets for the group to present next week. Then a budget workshop will be scheduled.
Mayor Julian said that a meeting with SBCAG and Cal Trans will be next week, May 30th, from 3:30 p.m. to 5:00 p.m. to discuss Highways 1 and 166.
8. DIRECTOR OF PUBLIC SAFETY REPORT: (Information Only) “Operation Night Tow” is continuing. It’s all over Facebook. The majority of the towed vehicles are for expired registration. Chief Cash said, “We don’t tow if the registration is under one year expired.” CM Robles asked for further explanation. Chief Cash then said, “Technically, we can cite for a day, or at least a month after the registration has expired. The CHP will cite if less than three (3) months expired. Other police agencies will cite if more than six (6) months. But we push it back and don’t cite unless the registration is over one (1) year. We try to give everyone an opportunity to get their vehicles taken care of. A lot of people don’t understand that there is a provision with the DMV that if you cannot pay in full, you can pay in payments. But you have to show hardship.
We’re sharing that information both ways and to give them an out for those who may be caught in a financial hardship.”
Chief also added that there is a school safety committee meeting tomorrow, May 24th.
May 23, 2023 City of Guadalupe Council Meeting Minutes Page 4 of 17 CM Robles asked, “Once a vehicle is impounded, where does it go?” Chief said, “In Santa Maria.
There are only two (2) companies doing towing in Santa Maria. We worked out a really good plan.
The vehicle owners have to come here to the PD to pay their citation fees to get their vehicle released. Then they go to the tow companies to retrieve their car. The towing companies like this process we have in place as there’s less confrontation with them. If there is any confrontation, it’s with us at the PD.”
The mayor, Todd and I, as well as other council members were at the wrestling meets here recently. I spoke with Hannah ([Sanchez] today about the lack of medical attention there. A 6th grade student hit his head on the floor. That incident highlighted the lack of medical help available. There should be medical help available for any potential injuries. We’ll be working with Recreation & Parks on this. I’ll be speaking with the School Superintendent tomorrow and will let him that If there is a school event, medical help should be on standby.
PUBLIC HEARING
9. Public Hearing to consider Conditional Use Permit (2022-048-CUP), Design Review (2022-069 DR), and CEQA Notice of Exemption for Element 7 Guadalupe, LLC, a retail cannabis dispensary at 859 Obispo Street, Guadalupe APN 115-092-016.
Written report: Bill Scott, Contract City Planner
Recommendation: That the City Council:
a. Receive a presentation from staff; and
b. Conduct a public hearing, including: 1) an opportunity for the applicant to present the proposed project; and 2) receive any comments from the public; and c. Adopt Resolution No. 2023-39 approving Conditional Use Permit 2022-048-CUP, and Design Review 2022-069-DR, including CUP and DR Findings, a CEQA Class 1 Exemption, and the Conditions of Approval.
(Note: Due to initial technical difficulties with Mr. Bill Scott presenting via zoom, this item was deferred to occur after Item #10.)
Mr. Scott gave a brief background on this item: The applicant, Element 7 Guadalupe, LLC, was a finalist selected through the City’s retail competitive process. As the next steps, the process to obtain a City Commercial Cannabis Business Permit (CCD Permit) requires the following: a) Conditional Use Permit (CUP) approval; b) Community Benefit Agreement, and c) Approved Building Permit.
The project site is a three-level building with a basement located at 859 Guadalupe Street on the west side of the street. (There are three (3) upper floor apartments which are not associated with the dispensary.) The building is located in the Downtown Mix-Use zoning district. The ground floor will be the 2,500 sq. ft. retail cannabis dispensary as well as a 558 sq. ft. covered patio to be used for special events. Iron gates face the front of the building which has the only entrance for customers into the retail sales area. The basement will only be used for product delivery.
May 23, 2023 City of Guadalupe Council Meeting Minutes Page 5 of 17 The applicant is requesting a Type 10 license which is for retail sales, and it establishes the types of parameters, the types of things that would be sold at this retail dispensary. The State Department of Cannabis Control (DCC) regulates the license and will not issue a state license until the City approves a Conditional Use Permit. The overarching and main code that applies to cannabis sales in the City is Municipal Code Chapter 9.22. Some requirements in that code are the following: a) Valid City Cannabis Business Permit; b) State Cannabis License; c) Coordination and reporting to the City; d) Community Benefit Agreement; e) Community Contact Person, and f) Sensitive land use evaluation. The sensitive land use evaluation would involve schools and daycare centers. A survey/evaluation was done and there were no sensitive land uses in proximity, so that test was passed. Municipal Code Chapter 9.22 establishes and sets overarching rules in terms of applications, rules, procedures, regulations that involve how a retail cannabis facility can operate. All of those requirements in MC Chapter 9.22 are in line and in partner with the Conditional Use Permit…one re-enforces the other.
Regarding the zoning ordinance, all CUPs are reviewed in conformance with the zoning ordinance.
There’s no real new development in this particular case. The facility will occupy existing tenant space. There are no improvements. The parking lot is existing. The code says for a 2,500 sq. foot retail space, 12 parking spaces are needed. There are no improvements needed for parking compliance as there are 12 spaces in a parking lot behind the dispensary. (That parking lot is shared.) There is plenty of on-street parking, which is encouraged. The project meets code for onsite and off-street parking. There will be one or two delivery vehicles which will be parked on the street during deliveries. Otherwise, the vehicles will be stored in designated off-street storage area.
Some environmental consultant conditions, which may be called ‘industry standards’, include: a) Camera plan; b) Product delivery and path of travel specifications; c) Product storage standards, and) Door and window security plan.
The next topic discussed was “Neighborhood Compatibility”. How does the conditional use, especially for this one that caters to adults, fit in with the neighborhood? There were several conditions of approval cited, such as a) One entrance, customer identification and monitoring plan; b) Security patrols to be available 30 minutes before and after closing and during open hours; c) Outdoor lighting from dusk to dawn; d) 24/7 property monitoring, and e) Site maintenance to include the patio area. Anticipating a flow of customers and monitoring of same was emphasized.
In summary, the dispensary is strongly conditioned to be harmonious with the downtown neighborhood. The facility incorporates industry standards as noted by expert cannabis consultants. Standards of the Municipal Code Chapter 9.22 and the Zoning Ordinance all will be met. The facility will confirm to state law and all required regulations. Element 7’s retail dispensary will support economic development objectives of the City’s General Plan. Because this facility is a re-use of tenant space, it has a Class 1 CEQA exemption. It was previously a sports bar, and we are just replacing it with retail use.
May 23, 2023 City of Guadalupe Council Meeting Minutes Page 6 of 17 Prior to concluding his presentation, Mr. Scott noted two corrections. One involved the description change of the outdoor patio from the “west” side of the building to the “east” side of the building. The other correction involved Condition 21, potential odor. Mr. Scott then asked to add Condition 21.e), to read as follows: “If the above-cited measures do not adequately address odor complaints as determined by the City Administrator or the City Administrator’s designee, the project will be required to comply with the odor control provisions set forth in the Guadalupe Municipal Code section 9.22.380.I.”
The presentation was turned over to Mr. Scott Bruce, cannabis consultant. He works with HdL providing comments and conditions to city staff. He explained that no new floor area was being created. These are all tenant improvements. No one under the age of 18 without medical documentation will be allowed in. Otherwise, you must be 21 years of age to enter. He gave some details about the entrance way, delivery, storage, types of products, etc. There will be oneto-two delivery vehicles per day. Most traffic will be foot traffic coming off of Guadalupe Street.
Security plan is in place. They have security for the roll-downs for the covers on the windows. He summarized saying, “We and HdL feel that the applicant has done its due diligence and see no serious issues to be addressed.”
City Attorney Sinco said, “I just have two (2) comments. I mentioned the addition of the condition of the odor to the applicant just before the meeting and explained that it’s just confirming that the Guadalupe Municipal Code applies whether it’s in conditions or not. But I wanted that in the Conditions of Approvals stated so that it was clear that it applied. Also, I think the staff report indicated that Mr. Bruce had determined that the odor wouldn’t necessarily pose a problem.
That’s not exactly what he said. He believed it wouldn’t. So, it was stated a little bit too strongly in the staff report. We won’t know until it actually starts operations. But we don’t anticipate any problems.”
Public Hearing opened at 7:14 p.m.
Mr. Greg Moreno, Community Development with Element 7, spoke on their odor control system.
He said, “It is standard in the industry. If you looked at some of our other locations, we have filtration systems in place inside our stores. There are sealed bags that go in and out. We try our best to mitigate. There are never any products that are open in the store. It’s just not allowed…it’s not practiced. Odor control is something we pride ourselves on that which was in our initial presentation. We have neighbors and will do everything to mitigate.” Mayor Julian said, “The floor plan…in the entry way. The check-in site is a portable counter. How does that work?” Mr. Moreno said, “Because we’ll have two (2) layers of security, we’ll check in and some people may have to wait…it really depends on the day. We only want a certain amount of people on the floor at one time. It’s on a lap top…we interact with the folks and try to establish relationships and keep them out of the elements.”
May 23, 2023 City of Guadalupe Council Meeting Minutes Page 7 of 17 The mayor said, “We have an email from Lupe [Alvarez] concerning the covered patio area and the wrought iron gates. I don’t have a problem with that. To me, one of the issues we have is…if you look at the Vets Building and the restroom area. There’s no fencing…no doors. People use that as a restroom. For years we’ve had problems with that. My opinion is to keep the iron gates up. We need safety measures.” Mr. Moreno agreed.
CM Hernandez said, “I support keeping the iron gates, considering there will be special events in the patio area. The gates would potentially eliminate underage people from ‘sneaking in’.” Mr.
Moreno made a side comment saying, “At our grand opening, tacos will be given in the patio area, but there won’t be any product in the patio area. We’ll be doing fundraising events, too.” CM Lizalde was also in support of keeping the wrought iron bars saying, “It’s a nice waiting area vs. open to the public walking by. At night, it would be safer but also, I’m so used to seeing the building like that. It would be strange not to see it that way. The staff report said that, aesthetically, it didn’t match. But it matches the neighboring buildings on the same side of the block, starting two doors down. We should keep the wrought iron gate. I like the added safety feature because we don’t know what the foot traffic is going to look like.” Mayor Julian asked Chief Cash if he had any comments, but he did not.
CM Lizalde further commented, “There are various viewpoints on this type of industry. We’re one of the last to get a retail cannabis dispensary which is good. There are thorough checks and balances in place now. Because a lot is already in place, we don’t have to go and reinvent the wheel, after the fact.”
Mr. Bodem said, “I did some qualitative research with other city managers in the Five Cities area.
The managers said that the cannabis business operations were more secure, properties better kept and safer than any other store types. And that there was no increase in crime. Also, when someone is checked in, are they held there, then buzzed in, or do they just walk on to the floor?” Mr. Moreno said, “They need to get buzzed in. There are two (2) security doors to go through before getting on the floor.”
Mr. Scott said, “As a part of the design review, a finding was looking at removing the iron bars and not being part of the CUP. The point was to find a harmonious design to the surrounding area and appeal to new visitors. Our feeling is that if the majority of the buildings have bars, we’re losing something. Other than that, we’re not passionate about it, and whatever the City Council finds, we’ll go with, but we suggest the bars be removed. Again, the security measures are stringent. We talked about 24/7 monitoring. Again, this facility has stringent security measures that minimize the need for the bars. The place will be policed as an occupied space daily. With that said, we suggest removing the bars, but whatever the Council’s wish will be is fine with us.” Mr. Bruce said, “I would add that the bars are not required. There will be roll down metal covers over the windows and pulled down at night. So, the windows are protected without the bars. So, they are not required for security. Bill is correct…there are lots of other security measures.” May 23, 2023 City of Guadalupe Council Meeting Minutes Page 8 of 17 City Attorney Sinco asked, “If the City Council allows bars, I wanted to ask the planner how to modify the condition…whether to strike it altogether or to specifically say they should be allowed to remain. I’ll let you make that decision first, but I did want to ask that question.” The mayor then asked if there was consensus on keeping the wrought iron bars. CM Costa, Jr. said, “The bars have been there since the building was created, so leave them there. It’s extra added security. We don’t have a big homeless problem, but we do have homeless people who try to find spots that are sheltered. This would keep them from staying there.” CM Hernandez added that she was good at leaving the bars there. CM Robles said, “I agree with keeping the bars. They were in the original concept. They’ll be the first barrier and can control movement, especially if you’re having events.” CM Lizalde added, “ I’m for it, especially, for the flow of traffic. I’m okay with keeping the bars because it honors the way it was approved in original concept.” City Attorney Sinco asked, “Mr. Scott, on Condition 18.c, it reads: ‘Existing metal gates/bars at the front of the building entry shall be removed prior to facility operations.’ Is it your recommendation to delete that entirely, or just specifically say that they may be allowed to stay?” Mr. Scott said to strike the statement entirely.
Mayor Julian asked about the community benefit piece and where does that go through for approval? Mr. Bodem said, “For 151 Obispo’s community benefit package, that will be on the next agenda. And once you approve that, in the meantime, we will start negotiations immediately on this one. I think we have until September on all of the community benefit agreements.” The mayor asked, “Then they’ll come back to us?” Mr. Bodem said that yes, all community benefit agreements would come back before the City Council.
Witten Comments:
Mr. Lupe Alvarez: Honorable Mayor Julian and Honorable Council Members. I respectfully ask that this be read into the record during the Public Comment segment for the CUP of Element 7, item #9.
I write in support of the CUP for Rlement 7, located at 859 Guadalupe Street, Guadalupe, CA.
I support all the conditions with the exception of removing the custom ornate powder coated wrought iron. It is an accepted and approved safety deterrent that was approved when the building was built approximately 12 years ago by the Guadalupe City Council.
The building blocks the wind, if the custom ornate wrought iron is required to be removed, it opens up the entire patio area to an increased use of homelessness, public urination, graffiti, and other issues in the downtown corridor. The City of Guadalupe is already receiving an increase of homelessness and other issues with the city-owned buildings. For example, at the American Legion and at the Amtrak Train Station.
Honorable Mayor and Council Members, I respectfully request that you allow the custom wrought iron, that was previously approved by a previous Guadalupe City Council be kept for existing and future safety measures of the Guadalupe downtown corridor. Respectfully, Lupe Alvarez May 23, 2023 City of Guadalupe Council Meeting Minutes Page 9 of 17 Public Hearing closed at 7:31 p.m.
Motion was made by Council Member Costa, Jr. and seconded by Council Member Lizalde to approve Resolution No. 2023-39 with revisions discussed. Roll Call: Ayes: 5 Nos: 0 Abstain: 0 5-0 Motion passed.
10. Public Hearing to consider Conditional Use Permit (2023-022-CUP), Lopez H-2A employee housing project for 40 agricultural workers located at 4575 & 4581 Tenth Street, APNs 115-052- 009 and 115-052-010.
Written report: Larry Appel, Contract Planning Director Recommendation: That the City Council:
a. Receive a presentation from staff; and
b. Conduct a public hearing, including: 1) an opportunity for the applicant to present the proposed project, and 2) receive any comments from the public; and c. Adopt Resolution No. 2023-40 approving 2023-022-CUP, including a parking modification per Section 18.75.050.B.
Mr. Appel gave a brief background on this item: The request is to modify two (2) existing buildings and convert them into H-2A living quarters. These buildings have been vacant or underutilized for over ten years. In the past the buildings were the local clinic for CHC and a pharmacy.
The property was sold around the end of 2022 to Daniel Lopez and his wife, Rosio Ibarra, for the purpose of converting the structures into housing for nonimmigrant agricultural employees pursuant to the H-2A visa program. Over the past 5-6 years, there have been a number of different types of projects for this property brought to the Planning Department for consideration, such as a B&B, motel, daycare and fitness center. No formal applications were ever submitted.
A formal application was submitted on April 6th and was deemed completed for processing on April 27th and is now being considered for approval on May 23rd. Their plan is to convert the building into employee housing and then contract out the buildings with a farming company. There are two (2) existing buildings on the property. There will be space to house 32 employees in one building and eight (8) employees in the other, for a total of 40 employees. The owners don’t have a contract for any H-2A services, but under the CUP, the owners are going to require a food and catering truck to provide breakfast and dinner at the property with lunch delivered out in the fields.
The project provides enhanced landscaping, picnic tables and parking for 11, which are required carports. Owners have asked for a modification for performance standards that would allow employee transportation vehicles to be larger than the 16-passenger size. Staff supports this modification for two (2) reasons: 1) the owners don’t know who they’re going to lease to and, therefore, don’t know about their transportation vehicles, and 2) the property has tall solid wood fencing which would screen any large transportation vehicles.
May 23, 2023 City of Guadalupe Council Meeting Minutes Page 10 of 17 The State of California, our new 2042 General Plan, and draft Housing Element encourage local agencies to make the processing of affordable housing a high priority. That has been done so with this project. This project is a reuse of two (2) existing buildings. With the conversions of these two (2) structures from one use to another, this project allows for a CEQA exemption, Class 3, where no possibility of significant environmental impact will occur. Resolution No. 2023-40 provides the CEQA exemption findings and draft Conditions of Approval.
To approve a project like this, compatibility with the neighborhood is critical to ensure that the project, and its proposed density of residents, will not impact the surrounding area. There are reasons why we believe there is compatibility: 1) Fencing is important to block the views of the facility; 2) the north and east of the site contain multi-family housing with the other two having single- family housing. With the facility previously having been considered for daycare, there would be more noise with that purpose than this current one for H-2A housing. People will be there overnight and gone all day. The applicant/owner has taken this issue to heart and has prepared a very detailed leasing contract that addresses many topics that could lead to problems. Staff believes that with the use of this lease contract along with required Conditions of Approval, the project could be compatible with the surrounding neighborhood.
Mayor Julian said, “There’s an email from…I don’t know the origin…it’s in reference to this item on the H-2A housing. Normally, we don’t read emails…it’s in the record. I’m just going to highlight a few points. Maybe you know…” Mr. Appel suggested that the owner was present and could address any questions. The mayor said he would do so during the public hearing portion.
Public Hearing opened at 6:22 p.m.
The property owner said, “I am Daniel (Lopez) one of the owners, along with my wife, Rosio. We live in the City of Guadalupe in Pasadera. Six (6) years ago we came across this property. We’ve been working with Larry (Appel) since last year about making it into housing. He’s given us a lot of good details, and we know we had to apply for a CUP. We’ve also consulted with an architect.
We’ve done our due diligence with how this project would impact our neighbors, and how it is compatible. That’s our number one priority for myself and my wife, as owners, that this makes sense to everybody. We want to work with anybody who brings up any concerns.” Mr. Lopez then went into more detail regarding this project. He said, “In Building A, there actually will be 32 employees. In Building B, we’ll have 8 employees…combined for 40 employees. It could be for less. We don’t know the lease and what kind of contract they would want. We assume that the State of California would allow us to make it for 40 employees. This is still all in the works.
What’s important to us in our neighbors. We want to make sure that our neighbors are taken care of. I did see the email that was brought up. One of the exemptions was for bus parking. We’ve asked for one (1) bus only, not multiple vans. From an insurance and liability standpoint, it would make sense to only have one (1) bus to park there. For the H-2A housing, employees would be contracted outside and come for seasonal work. There won’t always be employees all year-round, but the buildings/property will be maintained when no one is there. Also, we’ll have security there, too. There will be surveillance cameras all throughout the buildings. Employees that live there will May 23, 2023 City of Guadalupe Council Meeting Minutes Page 11 of 17 only stay in the facility…not roam around, etc. If there are two (2) complaints after proven fact, I’m making the lessor of the contracting company to provide security. That will set the standard really high and allow the companies to hold their employees accountable for any kind of negligence. If there are sexual misconduct allegations, alcohol use at the premises, etc. complaints, we will ask the lessor to expel that employee from the premises.” Mr. Lopez further explained that he currently works for an H-2A company which has about 350 employees. He said that there are more regulations than in years past, more organized, and are more mindful…there’s more structure and it works the way it’s supposed to work.
Mayor Julian then said, “In reference to the email, it talks about short notice and that there wasn’t enough time to be reviewed.” Mr. Appel responded, “Within the last year, we’ve changed our noticing procedures. We now have notice postings go up in three (3) locations because we don’t have a newspaper with general circulation. However, we send notices to those neighboring within 300’ of the property. If the people next to the property are renters, I don’t know if they would have received notices. I think they use assessor’s or recorder’s list of names and addresses.” The mayor then said, “I just want to make sure we abided by our notice procedures.” Mr. Appel said that we followed the rules.
Mayor Julian then said, “The other thing is about CEQA.” Mr. Appel said, “I’ve been here almost six (6) years…as for CEQA exemption, we’ve done three (3) negative declarations for all the development that’s going on. You have to meet certain criteria to go forward and do more than an exemption. We found that most of the projects in the City have only required that exemption.
Something as small as this where you have two (2) existing buildings, we saw no need to go forward with an initial study or negative declaration.” The mayor asked about the Buddhist Church, one of the neighbors of this property. He asked Mr.
Lopez if he’s had contact with them. Mr. Lopez said, “Yes, we’ve been in communication. We told them about the H-2A housing but that we were not sure if the CUP would be approved. There’s been very little communication, but I know who they are. Our number one priority is that they feel comfortable with us being there.”
Mayor Julian said, “I was director of health center there for about ten years. We had around 40-50 people going there each day, in addition to the pharmacy. This is going to be a reduction in that area now in terms of traffic. The email also mentioned the kids. As you know, these H-2As, they’re out early by 7:00 a.m. and then back later…there’s no impact there.” Mr. Lopez said, “I’m a bus driver. I’m up at 4:45 a.m. to pick them up and then they’re out at 5:30 a.m. in the field. There won’t be an impact to the children or anyone crossing. We actually have a drawing of what streets we prefer to take to take to avoid any issues. We want to avoid the smaller streets.” The mayor then added, “I know there are fences there…six feet but the buses are 10 feet. To me, that seems obtrusive to the local residents. I know you have six-passenger vans. Are you familiar with Cal Vans? (Mr. Lopez said he was familiar.) There should be an increase in their use. SBCAG is concerned about the underuse of Cal Vans.”
May 23, 2023 City of Guadalupe Council Meeting Minutes Page 12 of 17 Mayor Julian then said, “This is for Larry. On your staff report, page 2, second paragraph, it says ‘The State of California, our new 2042 General Plan, and draft Housing Element encourage local agencies to make the processing of affordable housing a high priority. This isn’t connected to affordable housing, in my assumption.” Mr. Appel said, “H-2A is accepted by the State as affordable…so, we’ll get units for this. But it’s only two (2) units.” The mayor then said, “My thinking was that ‘affordable’ was for families. But if there’s a law that says this meets those criteria, then it’s fine.”
Mayor Julian said, “The fencing needs to be cleaned up. I’m sure you’re going to do that.” Mr.
Lopez said, “We will upgrade the fence, putting brand new fencing…trim up the trees on the side of the Buddhist Church parking lot. It’s a priority to lift up the face of the property to make it more desirable and have it match up with the existing buildings.” The mayor then asked how big is their passenger bus? Mr. Lopez said, “The buses I drive are like 10 feet or 11 feet tall. They’re like school bus size but it all depends. Since I don’t know what leasing company would use, but an average is more like 30 passenger-size bus.”
The mayor then said, “In response to this email…we’ve had experience with the two (2) H-2A units on Pioneer Street…you can put 105 people in each unit. You can go by there most of the year…and they contract with different ag businesses, what I’ve found personally is that there haven’t been any issues. In fact, it’s the other way around. If they mess up, like with alcohol, etc., they’re gone.
They’re pretty well kept. They’re hard workers.”
CM Lizalde asked, “Who monitors the buildings when they’ve vacant? Does a contract cover the period of vacancy?” Mr. Lopez said, “Farming companies like 3–5-year contracts. It’s the responsibility of the landlord to make an agreement with the lessor to maintain the building and keep it well kept. I do the landscaping.” CM Lizalde then asked, “As for quality of life for the workers, is that typically the bathroom, shower, kitchen ratio for the number that you’re proposing for this?” Mr. Lopez said, “Typically, there’s 32 in one so the law through OSHA and California Housing Authority…what’s written is that you have to provide a bathroom for every 10 people.
Stoves/ovens…I think the ratios will be there. But in the coming years, international standards will be changing so less people will be allowed to stay in these housings. We want everyone to have a sitting area to have dinner, televisions throughout the entire building. There will be smaller bedrooms for one person with a desk, online stations, Wifi, couches…better quality than hotel.” The mayor added, “The units on Pioneer Street were built specifically for H-2A housing. Each unit has a refrigerator, restroom, stove and dining room table. You can’t do that here unless you tear it down and start all over. For about three (3) weeks, there were a number of people living there because of the recent flooding/storms. When the people left, everything was checked to make sure that if anyone from H-2A or the state, everything was left in good shape to pass standards required by law.”
CM Robles asked, “About the vans, would some of the contractors rather use a 16-passenger van rather than the larger ones? Mr. Lopez didn’t hear the question. CM Robles then asked when was May 23, 2023 City of Guadalupe Council Meeting Minutes Page 13 of 17 the building built? Mr. Lopez said, “In 1975, the building was made per public records”. Mayor Julian said, “The building came from Santa Maria. The building was a long building…it was put on the lot and then cut in half and made into the ‘L’ shape. The little house was Dr. Stiles’ office and then the other two (2) pieces were brought in to make what it is today.’ CM Robles asked, “When you came up with the numbers…are they normally what a work crew consists of?” Mr. Lopez said, “The fields are huge. The productions are major. Remember that twenty-two percent of the strawberries that get produced in the United States are from Santa Maria. We need to make sure the employees have adequate space for themselves. We could have modified and made available to 60 people. We don’t want to do that. Larry brought up a good point to backtrack and make it more comfortable for them in the facility. That’s how the numbers came up.”
CM Robles asked about the capacity of the passenger vans. Mr. Lopez said, “The smallest vans these companies use are the 15-passenger vans. For buses, there are different classes. For Class 1, that’s about a 42-44 passenger bus.” CM Robles said that most employees wouldn’t have cars.
Mr. Lopez said that of the 350+ employees where he works, one (1) man has a car. Mayor Julian said, “That’s what you see down there on Pioneer Street. You ask where the people are because there aren’t any cars.”
The mayor then said, “One of the other things brought up in the email was trying to place H-2A within the community as opposed to what you’re proposing. There’s no place you can do that here unless a farmer bought a house. I assume some have done that. Given requirements that are placed on you to make sure the building is up to code, that’s very important.” CM Hernandez said, “If I’m not mistaken, Rosio has grown up in Guadalupe as well. And you previously had a business here.” Mr. Lopez said, “Yes, she grew up here. We had the white truck parked on Main Street that sold rolled ice cream. That’s what pivoted us to this now.” Written Comments:
Cate (no last name): We are the owners of the property at 4589 10th Street, Guadalupe, CA 93434.
Our property shares the westerly property line of 4581 10th Street. We submit the following concerns regarding the project with 2023-022-CUP.
1. The City of Guadalupe (City) dropped this notice of the public hearing of this 2023-022-CUP on May23, 2023 and did not make the actual CUP available for public review until May 19, 2023.
This is not sufficient time for the public, and most importantly the property adjacent to the property and the surrounding neighborhood, to adequately review and comment knowledgeably on the document and the impact of the project on our neighborhood. This importantly includes Guadalupe’s elementary school and its children.
May 23, 2023 City of Guadalupe Council Meeting Minutes Page 14 of 17
2. Though this seems like “minor project” to the City, the potential impact on our neighborhood may not be minor. This neighborhood includes Guadalupe’s elementary school. The lack of a CEQA review leaves concerns unaddressed.
A. Will the air quality and traffic/congestion impacts be too high with the introduction of buses and private vehicles into the neighborhood? Besides the impact of the coming and going of the above referenced vehicles, will the buses be left idling making our neighborhood’s air and noise impacts even worse. Realistically, how many more vehicle trips a day will bring 40 additional people, some with their own vehicles, plus staff and buses bringing to the neighborhood? This neighborhood is not equipped to be a small bus terminal.
B. What impact will the project have on children attending the Mary Buren Elementary School? Tenth Street is a major route for children going to and from school. This presents a major safety issue for all concerned. Will additional crossing guards and traffic and other appropriate mitigation be introduced? At what cost and who will pay it? The City and the taxpayers/residents?
C. Will noise from the activities of workers going to and from work, especially in the early morning and late-night hours, affect the sleep quality of residents in the area, especially for children? This is a big difference between a few early morning workers coming and going; the inevitable noise does already exist, and it will suddenly be multiplied several times over. Busses are much louder than cars. There must be balance and careful thought put into the needs of the existing residents and the needs of workers. This may be too much in one spot at one time.
Balance is a necessary imperative.
D. The structures in this project were never conceived as high occupancy in this area for good reason. What impact will it have on the utilities/water/sewage system? The sewage system at the intersection of Olivera Street and 10th Street is one of just a few in the City that have been problematic for handling the existing capacity and have been flagged for weekly inspection as a result. This will add to an already strained system. This does not even include mention of other utilities and infrastructure which we are all responsible for.
3. This is a largely residential neighborhood and has grown and populated as such. It is very difficult to multiply the residents by such a large increment. We need more mitigation. These mitigations mentioned do not deal with this in a realistic way that will allow existing residents to live realistically with their neighbors. This is for the good of all.
While the workforce must be considered and provisions made, adding this instant density without enough planning and mitigation is not the way to go. The welfare of the individuals who are coming to work is not served by putting them into a situation where it is too dense, and the strain is too great and thus negatively impacts everyone.
May 23, 2023 City of Guadalupe Council Meeting Minutes Page 15 of 17 The addition of workers needs to be carefully considered by the city and distributed more evenly throughout the city. For the good of the workers, the economy and the current residents and thus the overall well-being of the city.
Thank you for your consideration. We look forward to working with the City and the property owners to address our mutual concerns. (unsigned)
Public Hearing closed at 6:47 p.m.
Mayor Julian asked if there were any further comments. CM Robles re-emphasized his concerns with noise mitigation. Mr. Appel said, “A general overarching principle – when you have a use where there can be a noise situation, we try not to put stringent conditions on it. If complaints occur, that starts falling into the noise element of the General Plan. I believe we have policies with the Police Department that if there are a couple complaints, they’re evaluated. At worst, the whole application for the CUP would come back to the City Council for future direction. Council would say that nothing needs to be done, conditions need to be modified or that the project can’t go forward, giving the applicant a certain period of time before you revoke the permit. I think we can control it.”
Motion was made by Council Member Costa, Jr. and seconded by Council Member Lizalde to approve Resolution No. 2023-40 with modifications. Roll Call: Ayes: Julian, Costa, Jr., Hernandez, Lizalde Nos: 0 Abstain: 1 Robles 4-0-1 Motion passed.
REGULAR BUSINESS
11. Options to address violations of two (2) hour limited time parking in the Downtown Business District.
Written report: Michael Cash, Director of Public Safety Recommendation: That the City Council:
a. Receive presentation from staff; and
b. Accept public comments: and
c. Deliberate and provide direction to City staff; or
d. Continue to another Council meeting for further discussion and deliberation.
Chief Cash gave a brief background stating that concerns were raised by the owner of Romo’s Market regarding the issue of vehicles not complying with the two- hour limited time parking in front of his business located at 727 Guadalupe Street.
Two options were given to attempt to provide a remedy: (1) Install additional signage from 11th Street to 6th Street. Currently, the signage is from 11th Street to 8th Street, or (2) install parking meters which would need approval by Cal Trans.
May 23, 2023 City of Guadalupe Council Meeting Minutes Page 16 of 17 Mayor Julian said, “I don’t see problems in front of Romo’s. If we put two-hour parking all the way to 6th Street or wherever, a lot of residents live there. In the downtown area, we don’t abide by them anyway. And no meters…that’s a waste of money.”
CM Robles then said, “I don’t think we have a parking problem either. Can we put a standard color on the curb for 20-minute parking?” City Attorney Sinco said, “State law dictates the colors. Red is for no parking. Yellow is for buses or loading. Green is for limited time parking, typically twenty minutes but could make it for two-hour parking.” Ms. Janice Davis, Finance Director said, “I worked in Paso Robles. They have signage to pay through an app…you pay the app for the numbered parking space.”
The mayor said, “Every business would want the green-colored curb, but staff would park there rather than customers. CM Robles said to just paint “20-minutes” right in the curb. City Attorney Sinco added, “State law, but Municipal Code…signage would have to be put not just painting of the curb in order to ticket.”
Mayor Julian asked, “Are we creating a solution where there’s no problem? Romo makes 1,500 meals a day…he does that in the back.” City Attorney Sinco then said, “This is unique with the business in the middle of a residential area. We would have to put signage on both sides of the street.” Chief Cash said, “What fits the area? There are moments where it’s busy in the early morning. But for the rest of the day, there’s parking turnover. There’s no problem on the east side of Guadalupe street across from Romo’s”.
CM Costa, Jr. said, “On the weekends, there’s a problem. People living in the apartments, they park overnight. You can put two-hour parking up to Romo’s, but not by the blue house…similar to the east side…not impacting the residential area toward 6th Street.” CM Hernandez said, “There’s timed parking by the post office. No one adheres to that.” Mayor Julian then said, “Continue to the next Council meeting.” CM Costa, Jr. added, “Check to see if there the problem is on the weekends.” City Attorney Sinco then said, “The Council is tabling the item and directing staff to bring back if further complaints arise.” (No further action was taken on this item.)
12. FUTURE AGENDA ITEMS
There were no additional future agenda items added.
13. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS
Hannah Sanchez, Recreation Services Manager: Joe Harris, Chair of the Recreation & Parks Commission, was in the hospital this weekend. He has been released but is on best rest.
CM Lizalde: This past Sunday was McKenzie’s last match, a tournament. It was excellent. The bus left at 6:15 a.m. and didn’t return until around 7:00 p.m. – 8:00 p.m. The program has been successful. I saw kids be more confident. They came home with some “hardware”. It was fun to watch. Coaches lead well and fueled that success. Overall, it was good.
May 23, 2023 City of Guadalupe Council Meeting Minutes Page 17 of 17 CM Costa, Jr.: Opening game for adult softball will be next Thursday, June 1st. There will be seven (7) teams.
CM Hernandez: “Move Santa Barbara Move County”…I was at Mary Buren School spending time working with children, teaching them to learn how to ride a bike. They were third grade kids. “Move Santa Barbara County” is a non-profit group in Santa Maria. They’re looking for a Guadalupe location.
Mayor Julian: Last Thursday, there was a meeting with SBCAG and APCD.
14. ADJOURNMENT TO CLOSED SESSION MEETING CLOSED SESSION The one item to be discussed in closed session was “Conference with Labor Negotiators”.
Motion was made by Council Member Costa, Jr. and seconded by Council Member Robles to adjourn to closed session. 5-0 Motion passed. Meeting was adjourned to closed session at 8:04 p.m.
15. 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)
16. ADJOURNMENT TO OPEN SESSION MEETING
Motion was made by Council Member Hernandez and seconded by Council Member Costa, Jr. to adjourn to open session. 5-0 Motion passed.
17. CLOSED SESSION ANNOUNCEMENTS
There was “no reportable action”.
18. ADJOURNMENT
Motion was made by Council Member Lizalde and seconded by Council Member Costa, Jr. to adjourn the meeting. 5-0 Motion passed. Meeting adjourned at 8:50 p.m.
Prepared by: Approved by:
__________________________________ ______________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
Agenda Item No. 8D
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of June 13, 2023
_______________________________ _________________________________ Prepared by: Approved by:
Shannon Sweeney, Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: Water Standby Charges, Fiscal Year 2023 – 24
RECOMMENDATION:
It is recommended that the City Council adopt Resolution No. 2023-41 directing staff to forward to the Auditor’s Controller’s Office of the County of Santa Barbara the Water Standby Charges for vacant parcels within the City of Guadalupe for Fiscal Year 2023 – 24.
DISCUSSION:
In 1991, voters in the City of Guadalupe approved the City’s participation in the Coastal Aqueduct of the State Water Project. Participation was approved at the 550 acre-foot (605 acre-feet with drought buffer)-per-year level. To participate in the Project, the City became a member of the Central Coast Water Authority (CCWA). CCWA membership comprises all water purveyors in Santa Barbara County who are participating in the Project.
Funding for construction of the Coastal Aqueduct and associated facilities was accomplished through voter approved bonds. One of the bond issuance conditions requires each participant to maintain a “coverage ratio” of 1.25. That means that each participant must have annual net income (revenue minus expenses) 25% higher than required debt service payments.
Water rates for current customers are set with the debt service ratio in mind, but participation in the State Water Project is also a benefit to vacant parcels in the City which are currently not using City water. Participation in the State Water Project makes it possible for these parcels to develop in the future because State Water will be needed to meet future buildout needs.
As a result, in 1993, the City imposed water standby charges on vacant parcels. These charges are permitted by Section 38743 of the Government Code of the State of California. Consistent with Government Code section 38743, it was determined that for parcels of less than 1 acre, the charge would be $5.00 per month. For parcels of 1 acre or more, the charge would be $10.00 per month per acre or part thereof.
Shannon Sweeney
The most significant changes in the water standby charge list in the past year are due to the continuing development of Pasadera/DJ Farms.
The establishment of, or an increase to, these charges requires compliance with the procedures described in Proposition 218. State law permits water standby charges to be set annually by resolution of the City Council if the rates are not changed from the previous year. The City’s fees are not proposed to be increased from the previous year.
FISCAL IMPACT: None. Resolution No. 2023-41 establishes the same rates as charged in the past.
The water standby fees for fiscal year 2023 – 2024 total as follows:
Number of parcels: 102
Total assessment: $25,860.00
ATTACHMENTS:
1. Resolution No. 2023-41
Exhibit A - Property Tax Roll 23 – 24 Fund 0642
RESOLUTION NO. 2023-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE DIRECTING STAFF TO FORWARD TO
THE SANTA BARBARA COUNTY AUDITOR'S OFFICE WATER STANDBY CHARGES FOR VACANT PARCELS WITHIN THE CITY OF GUADALUPE FOR FISCAL YEAR 2023-2024.
WHEREAS, the City of Guadalupe historically obtained all its domestic water from wellstapping the Santa Maria River Basin aquifer; and
WHEREAS, voters in Guadalupe in 1991 approved the City’s participation in the State Water Project to increase available water supplies for current and future needs and make those supplies more reliable; and
WHEREAS, the City’s participation in the State Water Projects increases the costs to provide water service to the residents of Guadalupe; and
WHEREAS, Section 38743 of the Government Code of the State of California allows for an annual water service standby charge to be applied on a per parcel basis to areas in which water service is made available, whether the water service is currently being used or not; and WHEREAS, the City Council of the City of Guadalupe adopted Resolution No. 93-20 on August 9, 1993, stating that the correct and equitable standby charges should be $5.00 per month for each vacant parcel less than one acre in size, and $10.00 per month per acre, or portion thereof, for each vacant parcel of one acre or more; and
WHEREAS, Section 38743 of the Government Code of the State of California allows for the standby charge to be collected as part of the annual general county tax bill by forwarding to the Santa Barbara County Auditor’s office a list of each parcel upon which the standby charges will be levied plus the amount of said levy; and
WHEREAS, each fiscal year the City of Guadalupe must report to the Santa Barbara County Auditor’s office if the levy is to remain the same, be changed, or be abolished; and WHEREAS, the standby charge may be set by a resolution of the City Council if it is not increased.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Guadalupe as follows:
1. Direct staff to forward to the Santa Barbara County Auditor Controller’s office a list of parcels upon which the standby charge will be levied (attached hereto as Exhibit “A”); and
2. Indicate that the total levy for fiscal year 2023-2024 will be $25,860.00 in total coming from 102 parcels.
ATTACHMENT 1
PASSED, APPROVED AND ADOPTED at a regular meeting on the 13th day of June 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. 2023-41, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held June 13, 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
District Name: Guadalupe Water Standby Fee
Description: Fund 0642, Water Standby Charge
Tax Year: 2023-24
Contact Person: City Administrator, (805) 356-3891
Total # of Assessments: 102
Total Assessment Amount: $25,860.00
EXHIBIT A
0642 113-080-018 10320.00
0642 113-370-037 60.00
0642 113-370-038 60.00
0642 113-450-001 840.00
0642 113-450-002 1200.00
0642 113-450-003 600.00
0642 113-470-022 60.00
0642 113-470-023 60.00
0642 113-490-031 60.00
0642 113-490-032 60.00
0642 113-490-033 60.00
0642 113-490-180 60.00
0642 113-490-217 60.00
0642 115-010-016 360.00
0642 115-020-032 60.00
0642 115-020-033 60.00
0642 115-020-035 60.00
0642 115-031-001 60.00
0642 115-032-005 60.00
0642 115-034-016 60.00
0642 115-035-001 60.00
0642 115-036-002 60.00
0642 115-036-015 60.00
0642 115-036-018 60.00
0642 115-041-010 60.00
0642 115-042-006 60.00
0642 115-042-007 60.00
0642 115-042-008 60.00
0642 115-042-013 60.00
0642 115-042-019 60.00
0642 115-043-002 360.00
0642 115-052-006 60.00
0642 115-063-002 60.00
0642 115-063-011 60.00
0642 115-071-015 60.00
0642 115-071-016 60.00
0642 115-071-017 60.00
0642 115-071-018 60.00
0642 115-072-014 60.00
0642 115-072-015 60.00
0642 115-072-018 60.00
0642 115-082-009 60.00
0642 115-082-021 240.00
0642 115-091-006 60.00
0642 115-092-002 60.00
0642 115-092-005 60.00
0642 115-092-015 60.00
0642 115-092-019 60.00
0642 115-092-023 60.00
0642 115-101-003 60.00
0642 115-101-009 60.00
0642 115-102-002 240.00
0642 115-102-013 60.00
0642 115-102-015 60.00
0642 115-102-016 60.00
0642 115-102-017 60.00
0642 115-102-018 60.00
0642 115-102-022 60.00
0642 115-103-010 120.00
0642 115-103-012 60.00
0642 115-112-002 60.00
0642 115-113-004 60.00
0642 115-113-005 60.00
0642 115-113-006 60.00
0642 115-121-001 60.00
0642 115-121-002 60.00
0642 115-121-007 60.00
0642 115-121-021 60.00
0642 115-122-001 60.00
0642 115-132-016 60.00
0642 115-140-005 60.00
0642 115-140-015 3240.00
0642 115-140-016 240.00
0642 115-140-021 60.00
0642 115-140-026 480.00
0642 115-140-027 240.00
0642 115-162-024 60.00
0642 115-180-027 240.00
0642 115-180-030 240.00
0642 115-180-031 60.00
0642 115-193-019 60.00
0642 115-201-011 60.00
0642 115-201-012 60.00
0642 115-201-013 60.00
0642 115-202-002 60.00
0642 115-202-010 60.00
0642 115-210-019 360.00
0642 115-210-020 600.00
0642 115-230-005 720.00
0642 115-280-006 60.00
0642 115-280-007 60.00
0642 115-280-008 60.00
0642 115-280-009 60.00
0642 115-280-010 60.00
0642 115-280-011 60.00
0642 115-280-012 60.00
0642 115-280-013 60.00
0642 115-280-014 60.00
0642 115-280-015 60.00
Agenda Item No. 8E
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of June 13, 2023
_______________________________ _________________________________ Prepared by: Approved by:
Shannon Sweeney Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: Community Development Block Grant (CDBG) Over-the-Counter (OTC) 2019 grant opportunity
RECOMMENDATION:
Approve Resolution No. 2023-42 authorizing submission of corrections to a previously submitted application and conditionally approved grant for funding of wastewater collection system improvements from the State of California’s Community Development Block Grant Program (CDBG) and authorize the Mayor or designee to sign the corrected resolution, application, grant agreement, and supporting documents.
BACKGROUND
The City of Guadalupe identified the need to replace its main trunk line, Highway 1 Lift Station, and Pioneer Lift Station in its 2014 Wastewater Master Plan.
On February 14, 2020, the City submitted an application for the funding of these wastewater collection system improvements from the State of California’s Community Development Block Grant (CDBG) Over the Counter (OTC) program, following authorization to do by City Council in Resolution No. 2020-09 on January 28, 2020. Unfortunately, City staff submitted the application minutes before the application window opened. As a result, the City’s project was placed near the bottom of the list and was not funded at that time due to limited grant funds available.
Since then, this list of projects to be funded has been maintained, and due to additional funding made available this year, the City received a Notice of Conditional Contract Award on May 26, 2023, to fund this project. Because there have been changes to the project, the City’s application has been converted to draft, and City staff has been given thirty calendar days from the date of the conditional award letter to make corrections to the application and submit an updated resolution. Thirty days from the conditional award letter is June 25, 2023, at 5:00 PM. Failure to meet this deadline will result in forfeiture of these funds.
Shannon Sweeney
DISCUSSION:
The initial application consisted of three construction components: Trunk Main Replacement, Highway 1 Lift Station Replacement, and Pioneer Lift Station Replacement. These three components were consolidated into one project in the initial application. Since the time the initial application was submitted, two notable activities have occurred. First, the project was broken up into three phases consisting of each of the three construction components. The City proceeded with the Trunk Main Replacement project despite failure to obtain the grant funds because that project was urgently needed to address broken and undersized lines which were causing sanitary sewer overflows.
The second notable activity is that $989,000 in grant funding has been secured through the Integrated Regional Water Management Program (IRWMP) for the Pioneer Lift Station Replacement Project, so this project is being removed from this CDBG grant application.
A corrected grant application and resolution are required at this time to reflect these two changes to the project.
This staff report also serves as the City’s opportunity to notify the public that these CDBG funds are being awarded to this project.
FISCAL IMPACT
Obtaining these grant funds will enable the City to complete the two lift station replacement projects in a timely manner without negatively impacting the wastewater fund.
ATTACHMENTS:
1. Resolution No. 2023-42
2. Conditional Approval Letter for OTC 2019 Application
RESOLUTION NO. 2023-42
A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE APPROVING AN APPLICATION FOR
FUNDING AND THE EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE 2021-2022 FUNDING YEAR OF THE STATE CDBG PROGRAM
WHEREAS, the City of Guadalupe identified the need to replace its main trunk line, Highway 1 lift station, and Pioneer lift station in its 2014 Wastewater Master Plan, and WHEREAS, a public meeting was held on November 7, 2019, to discuss the various grants available from the Community Development Block Grant program (CDBG) and the merits of various projects that may apply for the 2020 OTC grant opportunity. These sewer improvements projects were identified as the most critical and shovel-ready projects, and
WHEREAS, on February 14, 2020, the City of Guadalupe submitted an application to the CDBG, but was not funded at that time; and
WHEREAS, the trunk main replacement project was completed prior to receiving any grant funding; and WHEREAS, City received a Notice of Conditional Award on May 26, 2023, providing funding to complete elements of the original project that have not yet been completed; and WHEREAS, the City has thirty calendar days from the Notice of Conditional Award to resubmit a corrected application and resolution or else forfeit these funds.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Guadalupe as follows:
SECTION 1:
City Council has reviewed and hereby approves the submission to the State of California of an application in the amount, not to exceed, of $3,000,000.00 for the following CDBG activities, pursuant to the January 2022 CDBG NOFA:
Activity Dollar amount being requested for the activity Highway 1 Lift Station Replacement $1,800,000.00
Grant Administration $150,000.00
Total $1,950,000.00
SECTION 2:
City Council hereby approves the use of Program Income in an amount not to exceed $0 for the CDBG activities described in Section 1.
SECTION 3:
City Council acknowledges compliance with all state and federal public participation requirements in the development of its application.
ATTACHMENT 1
SECTION 4:
City Council hereby authorizes and directs the Mayor, or designee (City Administrator), to execute and deliver all applications and act on the City Council’s behalf in all matters pertaining to all such applications.
SECTION 5:
If an application is approved, the Mayor, or designee (City Administrator), is authorized to enter into, execute and deliver the grant agreement (i.e., Standard Agreement) and any and all subsequent amendments thereto with the State of California for the purposes of the grant.
SECTION 6:
If an application is approved, the Mayor, or designee (City Administrator), is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to time in connection with the grant.
SECTION 7:
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 13th day of June 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. 2023-42, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held June 13, 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. 8F
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of June 13, 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 Standard Demolition, Inc. in the amount of $37,721.00 for demolition of the Bonita Tank.
RECOMMENDATION:
That the City Council adopt Resolution No. 2023-43 approving a contract with Standard Demolition, Inc. in the amount of $37,721.00 for demolition of the Bonita Tank.
BACKGROUND:
Bonita Tank, located at APN 113 – 330 – 068, between 380 Pioneer St. and 410 Pioneer St. was removed from service in 2011 because it was no longer capable of maintaining adequate water quality to serve as storage of domestic water. Adequate water storage exists at 303 Obispo Street, so Bonita Tank is no longer necessary to meet City needs.
The tank is an eyesore and its presence leads the community to believe incorrectly that the water system is unsafe or not properly maintained.
DISCUSSION:
The City issued a Request for Quotes (RFQ) on April 28, 2023 for the Bonita Tank demolition on the City’s website, in the Santa Maria Times newspaper, and by email directly to six qualified potential bidders. A requirement for bidding on this project included a C-21 demolition license through the State of California. The project required disposal of the tank and all appurtenances to three feet below grade, except for the storage building. Potential contractors were informed in the RFQ that the paint on the tank contains lead.
Four proposals were received by the deadline of May 18, 2023, ranging from $37,721.00 to $150,675.00.
Standard Demolition, Inc. submitted the lowest proposal at $37,721.00. This company performed demolition of the Shell Beach Tank for the City of Pismo Beach. The project manager indicated that this company performed well and that they would be willing to hire this company again. This contractor’s C21 demolition license is current and active.
Shannon Sweeney
Staff recommends awarding the construction contract to Standard Demolition, Inc. for a total of $37,721.00. It is also recommended to authorize the City Administrator to approve contract change orders during the project up to 15% over the contract amount if deemed necessary.
FINANCIAL IMPACT:
$40,000 is available in the Fiscal Year 22 – 23 budget for demolition of this tank. If full contingency is spent on this project, the total would be $43,379.15. As of the latest available cash balance report, for the period ending March 31, 2023, the water fund balance is $2,688,017.10, which is more than enough to cover the total cost of the project, even if full contingency is spent.
ATTACHMENTS:
1. Bid results
2. Resolution No. 2023-43 contract with Standard Demolition, Inc. for the Bonita Tank Demolition
3. Agreement with Standard Demolition, Inc.
BID RESULTS
ATTACHMENT 1
RESOLUTION NO. 2023-43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE APPROVING A CONTRACT WITH STANDARD DEMOLITION, INC. FOR THE BONITA TANK DEMOLITION WHEREAS, the City of Guadalupe published a Request for Quotes for the Bonita Tank Demolition on April 28, 2023, in compliance with Guadalupe Municipal Code section 4.04.070; and, WHEREAS, the City of Guadalupe received four quotes for the Bonita Tank Demolition by the deadline of May 18, 2023; and,
WHEREAS, quotes ranged from $37,721.00 to $150,675.00, and the lowest bid, from Standard Demolition, Inc., in the amount of $37,721.00, was found to be responsive and meet the City’s needs; and
WHEREAS, Staff recommends awarding the contract to Standard Demolition, Inc.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Guadalupe as follows:
SECTION 1. The Mayor is authorized to enter into a contract with Standard Demolition, Inc. on behalf of the City in the amount of $37,721.00, a copy of which is attached to the staff report for this item.
SECTION 2. The City Administrator is authorized to approve change orders to this contract during the project, up to 15% of the quoted price, if deemed necessary.
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 13th day of June 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. 2023-43, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held June 13, 2023 and that same was approved and adopted.
ATTACHMENT 2
ATTEST:
______________________________ ____________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
______________________________
Philip F. Sinco, City Attorney
ATTACHMENT 3
EXHIBIT A
Agenda Item No. 8G
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of June 13, 2023
_______________________________
Prepared by:
Todd Bodem, City Administrator
SUBJECT: Consider entering into an agreement with JAS Pacific for building official and plan check services
RECOMMENDATION:
It is recommended that the Council Adopt Resolution No. 2023-44 authorizing the City to enter into an agreement with JAS Pacific for building official and plan check services.
BACKGROUND/HISTORY:
JAS Pacific handled the City’s contract building official and plan check services from 2004 until 2020.
However, in early 2020, the City Administrator successfully negotiated an independent contractor agreement with Mark Alain Green for plan check and building official services, which was expected to significantly reduce costs for these services. The City Council subsequently approved this agreement.
Mr. Green recently notified that City that he was terminating his independent contractor services effective May 25, 2023, but advised that he was willing to finish the City’s existing projects until his replacement was found.
JAS Pacific has changed its business model and hired a few new staff to better serve its clients in a more cost-effective manner than in years past; therefore, this the procurement of a firm seems like a viable option again.
DISCUSSION
The City Council approved an independent contractor agreement with Mr. Mark Green for him to serve as the City’s building official, perform complex plan checking services, and provide CASp-related building services (state law requires at least one employee or contractor of a local jurisdiction to have someone with this certification) in in May 2020 at a rate of $50.00 per hour. At the end of the first year of this agreement, Mr. Green requested an increase in his hourly rate. Because his previous rate of $50.00 per hour was considerably less than the fair market rate for someone with Mr. Green’s qualifications, staff agreed and were able to negotiate a two-year term with a phase-in of his requested increase.
That agreement was essentially identical to the original agreement, except it provided for a two (2) year agreement and a proposed adjustment in the hourly rate from $50.00 to $65.00 for the first year (May 25, 2021, through May 25, 2022) and from $65.00 to $75.00 (May 25, 2022, through May 25, 2023).
Although this was a significant increase from $50/hr., even the $75 per hour rate was far below the fair market rate for someone with Mr. Green’s experience and qualifications, and therefore, staff believed the proposed increase in the hourly rate was more than reasonable request.
Now, since Mr. Green’s agreement has expired and he is not willing to continue providing services to the City of Guadalupe, the City was left with no option but to seek proposals from qualified consultants fully knowing that the independent contractor in Mr. Green was substantially less expensive than the comparable costs provided by full service comprehensive providers.
The City received three qualified proposals below:
• JAS Pacific
• Bureau Veritas North America, Inc. (BV)
• Plan Review Consultants, Inc.
Note: Most of the application actions can be done remotely and electronically.
All three of the above firms are qualified to provide the City of Guadalupe with building official and plan check services.
Below, City staff provided a rank, proposer name and service costs for each:
Rank Name Building Plan Check Review Building Official
1 JAS Pacific $115.00/hr. $125.00/hr.
2. Plan Review Consultants, Inc. 65% of plan check fee of City $150.00/hr.
3. Bureau Veritas (BV) $165.00/hr. $165/00/hr.
Based on the proposals and costs of services, staff recommends that the City enter into an agreement with JAS Pacific to provide building official and plan check services.
The City currently contracts with Mr. David Rose to handle building inspection services to handle the City’s building inspections. However, if Mr. Rose should retire from providing these services for the City, JAS Pacific could seamlessly transition and provide building inspection services as well.
Building Official
JAS Pacific can provide the City with chief building official administrative services to oversee plan check and complicated building inspection and permit issuance services through contracting of an CC Certified Building Official. The assigned Building Official will be fully qualified to perform all required management duties and meets all qualifications, education, and certification/licensing requirements. The assigned Building Official shall report to the City Administrator and or its designee.
Plan Review
JAS Pacific shall provide the City with plan check services by utilizing certified Plans Examiners and Registered Engineers as needed. All assigned personnel shall meet all required qualifications, education, and certification/licensing as applicable for the field they will be working in. Additionally, all assigned personnel possess the requisite skills and experience required to perform multi-disciplinary plan checks as described in their proposal.
Options Available to the Council
1. The Council could approve the agreement as recommended; or
2. The Council could direct those changes be made to the agreements; or
3. The Council could decide not to enter into the agreements and consider others.
If the City Council chooses the first option above, the new agreement will be effective on June 13, 2023.
FISCAL IMPACT:
Invariably, if Mr. Green were to continue services with the City of Guadalupe, he would have proposed an hourly increase to provide these serivces. Nonetheless, based on the most recent contract, Mr. Green received $75.00 per hour. Using the low quote provided by JAS Pacific, this represents an increase in the hourly rate from $75.00 to $115.00/hours for Plan Review Services and $75.00 to $125.00 for Building Official Services, respectfully. Mr. Green’s typical time spent throughout the year on plan check review and other matters is minimal (approximately 230 hours per year), so there would be a modest increase to the City’s general fund. JAS Pacific has new staff and they have informed us that their new model is to work as efficiently as possible. This increase is also offset by the fees the City charges for buildingrelated services as well as the 35% overhead on all hours when working on reimbursable projects (applicant paid projects).
ATTACHMENTS:
1. Resolution No. 2023-44
2. Agreement for Consultant Services between the City of Guadalupe and JAS Pacific.
RESOLUTION NO. 2023-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE AUTHORIZING THE CITY TO ENTER
INTO AN AGREEMENT WITH JAS PACIFIC PROFESSIONAL BUILDING OFFICIAL, CERTIFIED ACCESS
SPECIALIST AND OTHER INSPECTIONS AND PLAN CHECK SERVICES WHEREAS, the City desires to the continue with a professional consultant to serve as its Building Official and to provide plan check review, inspections, and other professional services for the Building and Planning Department, including inspections and plan checking reviews relating to applicable state and federal construction-related accessibility standards; and WHEREAS, all local jurisdictions are required under state law to have a building official and at least one building inspector who is a Certified Access Specialist (CASp) who is knowledgeable about these state and federal construction-related accessibility standards; and WHEREAS, JAS Pacific handled the City’s contract building official and plan check services from 2004 until 2020; and
WHEREAS, on May 12, 2020, the City Council approved a one (1) year contract with Mark Alain Green that incorporated a scope of work at an hourly rate of $50.00 Building Official, CASp-related services, and complex plan check services to the City; and
WHEREAS, City staff negotiated a new two-year contract with Mr. Green that incorporated a scope of work at an hourly rate of $65.00 for the first year, from May 25, 2021 through May 25, 2022, and an hourly rate of $75.00 for the second year, from May 25, 2022 through May 25, 2023 that was agreeable to the City Council and to Mr. Green for providing Building Official, CASp-related services, and complex plan check services to the City; and
WHEREAS, in early May 2023, city staff received notice from Mr. Green stating that he longer wanted to enter a new professional building official, and plan check related service agreement; and WHEREAS, City staff found it difficult to find a similar independent consultant to provide such services, so staff solicited proposals from a pool of comprehensive companies and received three (3): JAS Pacific, Bureau Veritas North America and Plan Review Consultants, Inc.; and WHEREAS, all three proposers are firms qualified to provide the City of Guadalupe with building official and plan check services but recommended that the City Council select JAS Pacific to perform these duties based on it being the lowest most qualified proposer with a $115 per hour cost for Plan Review Services and a $125.00 per hour cost for Building Official Services; and WHEREAS, founded and incorporated in 1993, JAS Pacific is a full-service comprehensive provider of building and safety services, including plan review, inspection, permit center, public information counter, clerical assistance, full department management and administration, urban planning, public works, and specialized management services; and
ATTACHMENT 1
WHEREAS, the costs associated with the provision of these independent consulting services will be recovered in part through the revenue collected in conjunction with the processing of building permit applications, plan check review, and the Department’s FY 23-24 budget for contract services; and WHEREAS, the City desires to retain JAS Pacific to provide said services with a new agreement commencing on June 13, 2023 through June 13, 2024; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Guadalupe as follows:
SECTION 1. The Agreement for Consultant Services between the City of Guadalupe and JAS Pacific, attached to the staff report for this item and incorporated in this resolution, is hereby approved.
SECTION 2. The Mayor is authorized to sign the Agreement with JAS Pacific on behalf of the City.
SECTION 3. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.
PASSED, APPROVED AND ADOPTED at a regular meeting on the 13th day of June 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. 2023-44, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held June 13, 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
JAS PACIFIC
THIS AGREEMENT FOR CONSULTANT SERVICES (the "Agreement") is made and entered into this 13TH day of June 2023, by and between the CITY OF GUADALUPE, a municipal corporation ("City") and JAS PACIFIC, a California ("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 through June 13, 2024.
Section 2. Scope of Services. Consultant agrees to perform the services set forth in Exhibit A 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 ATTACHMENT 2
City Atty Rev 8/21 2
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). 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 City Atty Rev 8/21 3
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) 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.
City Atty Rev 8/21 4
(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.
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 City Atty Rev 8/21 5
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, 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.
City Atty Rev 8/21 6
(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 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) 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 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. Indemnitees need not have first paid for any of the matters to which Indemnitees are entitled to indemnification in order to be so indemnified. The City Atty Rev 8/21 7
insurance required to be maintained by Consultant under Section 16 shall ensure Consultant's obligations under this section, but the limits of such insurance shall not limit the liability of Consultant hereunder. 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 sole 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:
(1) Insurance Services Office Form Commercial General Liability coverage (Occurrence Form CG 0001).
City Atty Rev 8/21 8
(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 appropriate to the Consultant's profession.
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 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 City Atty Rev 8/21 9
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.
(6) Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a Consultant’s Pollution Liability form or other form acceptable to City providing 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.
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 City Atty Rev 8/21 10
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory 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 City Atty Rev 8/21 11
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. (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 City Atty Rev 8/21 12
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 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 City Atty Rev 8/21 13
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.
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: JAS Pacific
201 North Euclid Ave. Suite A
Upland, CA 91786
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.
City Atty Rev 8/21 14
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 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 Atty Rev 8/21 15
CITY: Consultant:
CITY OF GUADALUPE JAS PACIFIC
By:______________________________ By:_________________________________ Ariston Julian, Mayor
Title:_______________________________
APPROVED AS TO FORM:
By:_________________________________
__________________________________ Title:_______________________________ Phillip Sinco, City Attorney
Engineering the Way
EXHIBIT A
JAS PACIFIC | 2
Engineering the Way
May 12, 2023
Mr. Todd Bodem
City Administrator
City of Guadalupe
918 Obispo Street
Guadalupe, CA 93434
RE: RFP – BUILDING OFFICIAL & PLAN CHECK SERVICES
Dear Mr. Bodem,
Please accept this proposal as prepared for the City of Guadalupe (City) for Building Official & Plan Check Services as requested.
Founded and incorporated in California in 1993, JAS Pacific is a full-service comprehensive provider of building and safety services, including plan review, inspection, permit center, public information counter, clerical assistance, full department management and administration, urban planning, public works, and specialized management services. JAS Pacific is prepared to provide the City with Building Official & Plan Check Services. Through contracting with JAS Pacific for these services, the City will maintain its building standards throughout the community thus ensuring compliance and minimizing liability risk factors. Additionally, JAS Pacific will provide said services in a responsive, cost-effective manner, not compromising thorough customer service to the City, its residents, businesses, and developers.
JAS Pacific has provided Building Official & Plan Check Services for over 29 years in California. Our main office is located at 201 North Euclid Avenue, Suite A, Upland, California. We currently provide services to numerous local and regional governmental entities throughout the state ranging in size and geography, providing a sufficient labor commitment for both temporary and long-term staffing. Our strong presence in the region offers the strength, stability, experience, and technical competence that is desired of a contractor of plan Check, inspection, and permit processing services. Because of our reputation and expertise, JAS Pacific is both organizationally and financially sound and is qualified to provide the requested services to the City. JAS Pacific is unaware of any conflict of interest in performing the proposed work.
JAS Pacific staff can make available to the City a broad offering of expertise in all areas of Building Official & Plan Check Services. With a diverse team of in-house professionals, boasting a full breadth of experience in all levels of local government, JAS Pacific has a solid foundation allowing for efficient contract implementation and service delivery. The City will benefit from our successes through contracting with JAS Pacific for the requested services. We believe our reputation and demonstrated experience throughout California speak for themselves and we look forward to working with you. If you have any questions, as the assigned contact for the City, please contact me directly at (800)818-3677 so that I may assist you.
Respectfully,
Christine Champany
President
JAS Pacific
201 N. Euclid Ave. Suite A
Upland, CA 91786
Cell: 909-843-0552
Office: 909.605.7777
[email protected]
Vice President
JAS PACIFIC | 3
TABLE OF CONTENTS
STATEMENT OF QUALIFICATIONS.......................................................................................................................... 4 TEAM MEMBERS ...................................................................................................................................................... 6 REFERENCES ........................................................................................................................................................... 15 SCOPE OF WORK.................................................................................................................................................... 16 Building Official........................................................................................................................ 17 Plan Review............................................................................................................................... 17 As Needed Support.................................................................................................................. 20 QUALITY CONTROL PLAN ..................................................................................................................................... 25 Quality Control ......................................................................................................................... 25 Communication ........................................................................................................................ 26 Project Schedule....................................................................................................................... 26 COST OF SERVICES ................................................................................................................................................. 27 JAS PACIFIC | 4
STATEMENT OF QUALIFICATIONS
In a service-oriented industry, the demand and service levels for support services of Building and Safety Departments are dictated by an ever-fluctuating economy that affects all levels of government. Founded and incorporated in California in 1993, JAS Pacific provides hands-on superior and comprehensive support services to numerous local and regional governmental entities addressing these needs.
Collectively, JAS Pacific’s management team possesses over 75 years of experience and a staff of nearly 100 qualified professionals from several disciplines. JAS Pacific provides each city, town, or City with a tailored service program that includes a proficient labor strategy for both temporary and long-term staffing to meet their needs. sdfsfds
JAS Pacific’s solid foundation builds upon a 29-year presence in California which allows for efficient contract implementation and service delivery. Our active and strong presence in the region offers the strength, stability, experience, and technical competence that a contractor of Building Official & Plan Check Services requires. JAS Pacific has obtained substantial experience in providing local governmental entities with building and safety services. We know and understand local governmental agencies and the challenges faced, which has enabled us to develop methodologies and business practices allowing for the delivery of said services seamlessly and efficiently.
JAS PACIFIC | 5
PLAN REVIEW
INSPECTION
PERMIT PROCESSING
CODE INSTRUCTION
CODE ADOPTION
BUILDING OFFICIAL
CASp
PUBLIC WORKS
Affiliations
International Code Council
California Building Officials
International Assoc. of Plumbing & Mechanical Officials American Public Works Association
National Fire Protection Association
American Planning Association
California Association of Code Enforcement Officers
National Pollutant Discharge Elimination System
JAS Pacific’s history allows for a multitude of resources from which the City will benefit.
JAS Pacific delivers all services in an adaptive, tailored, and responsive approach as clients’ needs shape our service programs.
Services are provided by trained, qualified, and experienced personnel from various disciplines including Registered Professional Engineers and Certified Plans Examiners. With a diverse team of in-house professionals, boasting a full breadth of experience in all levels of local government, our team possesses extensive accreditation and affiliation with numerous jurisdictions and industry-related organizations.
Our Missionour mission is to ensure that the City will maintain its building standards throughout the community thus ensuring compliance and minimizing liability and risk factors. JAS Pacific will provide these services in a responsive, costeffective manner, not compromising exceptional customer service to the City, its residents, businesses, and developers.
Structure Our organizational structure is strategically balanced with a team boasting of one of the most qualified and accomplished building and safety administrators in the industry. Our team is led by licensed engineers who are held in some of the highest regard in the building and safety industry and their leadership is reflected in our team members.
JAS PACIFIC | 6
Rajesh Patel PE | CBO
President
TEAM MEMBERS
JAS Pacific’s principals individually hold over 35 years of experience working in the Building and Safety field and have led teams within highly regarded, innovative, and industry-leading jurisdictions. Together with our principals and upper management, JAS Pacific will aggressively work by leading our team to achieve the goals of the City by providing experienced staff, utilizing clear communication, and addressing unforeseen challenges while continuing to exceed service expectations.
Organizational Chart
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JAS Pacific proposes to assign Raj Patel as the Project Manager and he will manage all aspects of the contract serving as the contact person for building and safety support services and implementation of the proposal.
Mr. Patel is the President of JAS Pacific, the former Building Official for the City of Beverly Hills, and Superintendent of Building for the County of Los Angeles. He has served in a Building Official capacity for over twenty-five years, wherein he managed plan check/engineering, field inspections, and administration of t’s Building & Safety Division. He has been a registered engineer in the state of California for over 30 years and is very active in code-development of Fire- and Life-Safety Standards at both the national and state levels. Mr. Patel participated on the State and National levels assisting in the development and authoring of building codes. He currently serves in an influential capacity on several state-wide committees including the California Association of Building Officials, California Building Standards Commission, and California Training Institute with CALBO for which he is the past chair. Mr. Patel’s contact information is:
CITY OF
GUADALUPE
Stuart Tom PE / CBO
Chief Technical Officer
Christine Champany
Vice President
PLANS EXAMINERS
Chris Agus | CASp
Emmanuel Agustin | PE
Calvin Chang | PE
Steve Ewing | PE
Sea Fan | SE
Randall Kina | PE
Mike Lapraik | SE FPE CASp
Colin Leung | SE
Miro Lhotsky | SE
Amy Milanes | PE
Granaz Movahed | PE
Jeff Nespor | PE CASp
Henry Pio | PE
Paul Christman | MCP
Dan Macey | MCP
Seth McMillan | MCP CASp
Russell Peirson
Frank Rojas
Steve Stuart | CBO
Rajesh Patel, PE, CBO 201 N. Euclid Ave. Suite A Office: 909.605.7777 President Upland, CA 91786 Cell: 626.625.4233
[email protected]
BUILDING OFFICIAL
Rajesh Patel, PE, BO
CASp
Chris Agus | CASp
Seth McMillan | CASp, BO
Mike Lapraik | SE, FPE, CASp
Jeff Nespor | PE, CASp
JAS PACIFIC | 7
Key Personnel
Education | Licenses | Certifications Experience
Rajesh Patel, PC
President
Project Lead
[email protected]
800.818.3677
State of California
Licensed Mechanical Engineer
Education
Bachelor of Science, Engineering
Over 35 years of Building & Safety experience:
JAS Pacific
President
City of Beverly Hills
Building Official & Asst. Com Dev Director
County of Los Angeles
Superintendent of Building
Stuart Tom, PE, CBO
Chief Technical Officer
[email protected]
800.818.3677
International Code Council
Building Official, Building Plans Examiner
State of California
Licensed Civil Engineer
Education
Bachelor of Science, Civil Engineering
Over 35 years of Building & Safety experience
JAS Pacific
Chief Technical Officer
International Code Council
Board of Directors
City of Glendale
Fire Marshal
Building Official
City of Los Angeles
Engineering Bureau Training Officer
Structural Engineering Specialist
Earthquake Division Leader
JAS PACIFIC | 8
RAJESH PATEL PE, CBO – PRESIDENT
Responsibilities: Building and Safety Services
Building and Safety Work History
With over 35 years of public sector experience, Mr. Patel has thorough knowledge and expertise in all aspects of Building Official & Plan Check Services. As a California licensed mechanical engineer, he has held positions including Mechanical Engineer, Chief Plumbing and Mechanical Inspector, and Supervising Mechanical Engineer. Previously with the County of Los Angeles, he managed the building and safety operations for the unincorporated county and seventeen incorporated cities. He also oversaw the Consolidated Sewer Maintenance District, which served the unincorporated county and thirty-eight cities.
Following his time with Los Angeles County, Mr. Patel served as the Building Official for the City of Beverly Hills for five years.
Mr. Patel has served on local, state, and national committees and boards, and as president of the California Building Officials.
He held several key positions with regulatory agencies and has been recognized by the California Building Standards Commission, ICC, IAPMO, and CALBO, among others, with many honors and awards.
Mr. Patel’s experience was acquired while employed with the following entities:
JAS Pacific | Vice President
City of Beverly Hills, Building Department | Building Official & Assistant Director of Community Development County of Los Angeles, Building and Safety Division | Superintendent of Building County of Los Angeles, Building and Safety Division | District Engineer, Bellflower Regional Office County of Los Angeles, Building and Safety Division | Mechanical Section, Engineer Education / Professional Licenses and Certifications / Affiliations University of California Los Angeles
Bachelor of Science, Mechanical Engineering
State of California
Licensed Mechanical Engineer
California Building Official
President
California Building Standards Commission
Vice-Chair
JAS PACIFIC | 9
STUART TOM, PE, CBO – CHIEF TECHNICAL OFFICER
Responsibilities: Building and Safety Services
Building and Safety Work History
With over 30 years of public sector experience, Mr. Tom has thorough knowledge and expertise in various aspects of building and safety services along with fire services. As the State of California and Washington Licensed Civil Engineer, an ICC certified building official, and plans examiner, he has held positions including Chief Building Official, Fire Marshal, Engineering Bureau Training Officer, Staff Engineer, and Structural Engineer Specialist. As the building official, Mr. Tom was responsible for the oversight of engineering, inspection, and administrative activities for the third-largest city within Los Angeles County. He directed all activities within the Permit Services Center including the review of development plans to ensure compliance with zoning, building, fire, traffic, and grading standards. As a Fire Marshal, Mr. Tom was responsible for oversight of fire and life safety standards necessary to protect the general population along with the management of the Fire Engineering Division, which performs fire plan checks and inspections for all new construction throughout the City. The department also administered programs related to hazardous and industrial waste management critical to protecting the environment.
As a recognized expert in various fields of structural design and life-safety systems, Mr. Tom is the recipient of several other awards, including the CALBO President’s Award in 2010, and he was inducted as a Fellow into the Institute for the Advancement of Engineering in. Mr. Tom’s experience was acquired while employed with the following entities:
JAS Pacific | President
City of Glendale, Fire Department | Fire Marshal
City of Glendale, Building & Safety Department | Building Official City of Los Angeles, Department of Building and Safety | Engineering Bureau Training Officer City of Los Angeles, Department of Building and Safety | Staff Engineer City of Los Angeles, Department of Building and Safety | Structural Engineering Specialist Education / Professional Licenses and Certifications / Affiliation California Polytechnic University, San Luis Obispo
Bachelor of Science, Civil Engineering
State of California
Licensed Civil Engineer
State of Washington
Licensed Civil Engineer
International Code Council
Board of Directors
Certified Building Official
Certified Plans Examiner
California Building Official
Fire Advisory Committee
Seismic Safety Committee
Building Official of the Year (2006)
President’s Award (2010)
California State Fire Marshal
Core Advisory Committee
Height & Area Code Amendment Committee
WUI Committee
JAS PACIFIC | 10
Building & CASp Plan Review
Education | Licenses | Certifications Experience
Christopher Agus,
CASp
Plan Review Engineer
State of California
Certified Access Specialist
Cal-EMA Safety Assessment
International Code Council
Plans Examiner
Education
Bachelor of Science, Architecture
Over 30 years of Building & Safety experience:
JAS Pacific
Plan Review Engineer
City of Glendale
Building Code Specialist III
KKE Architects | F+A Architects
Project Manager
Osborn Architects
Junior Architect
Emanuel Agustin, PE
Plan Review Engineer
State of California
Licensed Electrical Engineer
Education
Bachelor of Science, Electrical Engineering
Over 30 years of Building & Safety experience:
JAS Pacific
Plan Review Engineer
City of Los Angeles
Electrical Engineer II
State of California
Asst. Electrical Engineer
Calvin Chang, PE
Plan Review Engineer
State of California
Licensed Civil Engineer
Education
Bachelor of Science, Civil Engineering
Over 30 years of Building & Safety experience:
JAS Pacific
Plan Review Engineer
City of Burbank
Plan Review Manager
Oliver Liu & Associates
Structural Engineer
Steve Ewing, PE
Plan Review Engineer
State of California
Licensed Civil Engineer
Education
Bachelor of Science, Architectural
Engineering
Over 39 years of Building & Safety experience:
JAS Pacific
Plan Review Engineer
City of Bakersfield
Civil Engineer III / Supervisor
Commercial Building Inspector
County of Kern
Public Works Engineer II
Plan Check Engineer
JAS PACIFIC | 11
Sea Fan, SE
Plan Review Engineer
State of California
Licensed Civil Engineer
Licensed Structural Engineer
International Code Council
Plans Examiner
Education
Master of Science, Civil Engineering
Bachelor of Science, Business Admin
Over 35 years of Building & Safety experience:
JAS Pacific
Plan Review Engineer
City of Anaheim
Plan Review Supervisor
City of Ontario
Plan Review Manager
City of Los Angeles
Structural Engineer
Randall Kina, PE
Plan Review Engineer
State of California
Licensed Civil Engineer
International Code Council
Plans Examiner
Education
Bachelor of Science, Civil Engineering
Over 38 years of Building & Safety experience:
JAS Pacific
Plan Review Engineer
City of El Segundo
Senior Plan Review Engineer
City of Los Angeles
Structural Engineer Supervisor
Senior Structural Engineer III
Senior Structural Engineer
Michael Lapraik, PE,
CASp
Plan Review Engineer
State of California
Licensed Structural Engineer
Licensed Fire Protection Engineer
Licensed Civil Engineer
Certified DSA Accessibility Specialist
Certified DSA Class-1 Inspector
International Code Council
Plans Examiner, Accessibility Inspector &
Plans Examiner, Building Official, Zoning
Inspector, Building Inspector, Structural
Masonry Special Inspector
Education
Master of Science, Structural Engineering
Master of Arts, Policy, and Administration
Bachelor of Science, Civil Engineering
Associate of Science, Fire Technology
Over 25 years of Building & Safety experience:
JAS Pacific
Plan Review Engineer
County of Ventura
Plan Check Engineer III
City of Fillmore
Building Official & City Engineer
City of Glendale
Senior Building Code Specialist
City of Santa Barbara
Senior Plan Check Engineer
City of Calabasas
Deputy Public Works Director
City of Ventura
Civil Engineer
Plan Check Engineer
Colin Leung, SE, PE
Plan Review Engineer
State of California
Licensed Structural Engineer
Licensed Civil Engineer
International Code Council:
Plans Examiner, Building Inspector
Education:
Master of Science, Structural Engineering
Bachelor of Science, Civil Engineering
Over 30 years of Building & Safety experience:
JAS Pacific
Plan Review Engineer
City of Glendale
Building Code Specialist III
JA Martin & Associates
Project Manager
ARUP
Structural Engineer
KPFF Engineers
Project Manager
JAS PACIFIC | 12
Miro Lhotsky, SE, PE
Plan Review Engineer
State of California
Licensed Structural Engineer
Licensed Civil Engineer
International Code Council
Plans Examiner, Building Official, Building
Inspector
Education
Bachelor of Science, Civil Engineering
Master Public Administration
Over 30 years of Building & Safety experience:
JAS Pacific
Plan Review Engineer
City of Glendale
Building Code Specialist III
City of Santa Clarita
Plan Review Engineer
Desa Structural
President
R.E. Consulting Engineers | Lauterbach Assoc.
Project Engineer
Hale & Associates
Junior Engineer
Elie Maalouf, PE
Plan Review Engineer
State of California
Licensed Electrical Engineer
Education
Master of Science, Electrical Engineering
Bachelor of Science, Electrical Engineering
Over 35 years of Building & Safety experience:
JAS Pacific
Plan Review Engineer
City of Los Angeles
Electrical Plan Check Supervisor
Case Manager
Chief of Counter Services – Electrical Division
Chief Electrical Plan Check
Los Angeles Trade-Tech College
Instructor
Amy Milanes, PE
Plan Review Engineer
State of California
Licensed Civil Engineer
Education
Bachelor of Science, Civil Engineering
Associate of Art, General Education
Over 14 years of Building & Safety experience:
JAS Pacific
Plan Review Engineer
City of College Station
Engineer II
City of Simi Valley
Senior Engineer
County of Los Angeles
Associate Civil Engineer
Granaz Movahed, PE
Plan Review Engineer
State of California
Licensed Electrical Engineer
Education
Master of Applied Science, Business Admin
Bachelor of Science, Electrical Engineering
Over 11 years of Building & Safety experience:
JAS Pacific
Plan Review Engineer
WD Partners Inc
Project Lead & Electrical Engineer
P2S Engineering Inc
Project Manager & Electrical Engineer
Deltawrx
Project Manager & Senior Consultant
JAS PACIFIC | 13
Jeff Nespor, PE, CASp
Plan Review Engineer
State of California
Licensed Civil Engineer
Certified Access Specialist
International Code Council
Plans Examiner, Building Official
Education
Bachelor of Science, Civil Engineering
Over 25 years of Building & Safety experience:
JAS Pacific
Plan Review Engineer
City of Santa Monica
Plan Review Engineer
California Code Check
Plan Review Engineer
Harris Associates
Design Engineer
Henry Pio, PE
Plan Review Engineer
State of California
Licensed Electrical Engineer
Licensed Mechanical Engineer
Education
Bachelor of Science, Mechanical Engineering
Over 30 years of Building & Safety experience:
JAS Pacific
Plan Review Engineer
City of Santa Clarita
Plan Review Engineer
City of San Diego
Plan Review Engineer
County of San Diego
Plan Review Engineer
Paul Christman, MCP
Plans Examiner
International Code Council
Master Code Professional
State of California
Safety Assessment Program
General Contractor
Education
Engineering Management, Construction
Construction Technology
Over 25 years of Building & Safety experience:
JAS Pacific
Plans Examiner
City of Rancho Palos Verdes
Building Official
City of Huntington Beach
Principal Electrical Inspector/Plans Examiner
City of Santa Monica
Supervising Inspector/Plans Examiner
Dan Macey, MCP
Plans Examiner
International Code Council
Master Code Professional
Over 25 years of Building & Safety experience:
JAS Pacific
Plans Examiner & Building Inspector
City of Newport Beach
Sub Trade Plans Examiner
City of Santa Monica
Sr. Combination Building Inspector
Inspection Concepts
Supervisor Material Testing
RTS Electric INC.
Electrical Supervisor
Coast Electric Company
Electrical Contractor
JAS PACIFIC | 14
Seth McMillan, CASp
Plans Examiner
International Code Council
Master Code Professional
State of California
Safety Assessment Program
Division of State Architect
Certified Access Specialist
Education
Associate of Science, Architectural Drafting
Over 15 years of Building & Safety experience:
JAS Pacific
Building Inspector
City of Santa Maria
Building Division Manager
City of Santa Maria
Plans Examiner / Building Inspector
City of Grover Beach
Contract Building Inspector (JAS Pacific)
Russell Peirson
Plans Examiner
International Code Council
California Commercial Combination
Inspector, California Residential Combination
Inspector, Accessibility Inspector/Plans
Examiner, Building Plans Examiner
Over 15 years of Building & Safety experience:
JAS Pacific
Combination Inspector
City of Diamond Bar
Contract Building Inspector / Plans Examiner
City of Indio
Contract Building Inspector
Frank Rojas
Plan Review Engineer
International Code Council
Plans Examiner
Education
Bachelor of Science, Architectural
Engineering
Over 25 years of Building & Safety experience:
JAS Pacific
Plan Review Engineer
J. Lee Engineering
Plan Review Engineer
City of Los Angeles
Plan Review Engineer
Michael Visnagra, FPE
Plan Check Engineer
State of California:
Fire Protection Engineer
Education:
Bachelor of Science, Civil Engineering
Over 30 years of building & safety experience:
JAS Pacific,
Plan Review Engineer
County of Los Angeles
Supervising Fire Prevention Engineering Asst.
Fire Prevention Engineering Assistant II
Fire Prevention Engineering Assistant I
All State Fire
Fire Prevention Engineer
JAS PACIFIC | 15
REFERENCES
Contact Services
Provided
Telephone
Number Mailing Address
County of
Santa Barbara
1999 to Present
Craig Johnson, PE
Building Official
[email protected]
Plan Review
Inspection
(805)568-3120 123 East Anapamu St.
Santa Barbara, CA
93101
City of Long Beach
2010 to Present
David Khorram, PE
Building Official
[email protected]
Plan Review
Inspection
(562)570-6921 333 West Ocean Blvd.
Long Beach, CA 90802
City of Santa Monica
1999 to Present
Ara Sargsyan, PE
Building Official
[email protected]
Plan Review
Building Official
Inspection
Code Enforcement
Permit Issuance
(310)458-6185 1685 Main Street
Santa Monica, CA
90401
County of
Los Angeles
1999 to Present
Kit Bagnell, PE
Asst. Superintendent
[email protected]
Plan Review
Inspection
Code Adoption
Permit Issuance
(626)458-6387 900 S. Fremont Ave.
Alhambra, CA
91803-1331
City of Laguna Beach
2010 to Present
Dennis Bogle
Building Official
[email protected]
Plan Review
Inspection
Code Enforcement
Permit Issuance
(949)497-0336 505 Forest Avenue
Laguna Beach, CA
92651
JAS PACIFIC | 16
SCOPE OF WORK
Acting on behalf of the City, JAS Pacific will provide superior levels of customer service, consistent code application, and develop seamless working relationships with City staff. Contracting with JAS Pacific will provide the City with a cost-effective alternative to a fully internally staffed department and allow the City to focus on other critical municipal matters. JAS Pacific will perform applicable functions as an extension of City staff and will follow all City procedures and directives. JAS Pacific understands the importance of excellent customer service not only to the City but to the clients we serve. JAS Pacific will support the City in attaining its goal of providing timely, efficient, and effective services.
Personnel
Superior Level of Service
Expertise
Consistent Code Application
Staffing Resources
Flexibility to Meet Various
Levels of Demand
Contract Costs
Expenses are Consistent
with Revenues
JAS Pacific is prepared to provide the City with seamless quality Building Official & Plan Check Services. Our service procedures are thorough meeting all expectations including great customer service and efficient response times, without compromising quality. As part of JAS Pacific’s overarching goal to attain customer satisfaction, a tailored service delivery system is developed, service models are effective and efficient, and procedures are adapted to meet the City’s requirements.
We are confident that we can accommodate the City’s needs as well as provide the desired level of customer service. Our understanding and approach to the proposed services are detailed below.
Assigned personnel will provide Building
& Safety Support services ensuring
compliance with the City’s most recent
adopted Building Standards, Energy
Efficiency Standards, and local
ordinances, including:
California Building Code
California Mechanical Code
California Plumbing Code
California Electrical Code
California Energy Code
California Residential Code
California Green Building Standards
California Fire Code
Guadalupe Municipal Code
JAS PACIFIC | 17
Building Official
JAS Pacific can provide the City with chief building official administrative services to oversee plan check, building inspection, and permit issuance services through the contracting of an CC Certified Building Official. The assigned Building Official will be fully qualified to perform all required management duties and meets all qualifications, education, and certification/licensing requirements. The assigned Building Official shall report to the City’s Community Development and will not be reassigned without the concurrence
Plan Review
JAS Pacific shall provide the City with plan check services by utilizing certified Plans Examiner and Registered Engineers as needed. All assigned personnel shall meet all required qualifications, education, and certification/licensing as applicable for the field they will be working in. Additionally, all assigned personnel possess the requisite skills and experience required to perform multi-disciplinary plan checks as detailed below.
Off-Site Services
JAS Pacific proposes to provide the City with plan review services through our in-house plan review team located at our headquarters. We believe this is the most comprehensive and efficient approach to providing building plan review services to the public and City staff. JAS Pacific has qualified and experienced staff that can provide technical assistance to architects and engineers, discuss and explain plan review corrections and meet any demands requested by the applicants or as directed by the City. This approach is detailed in the “Plan Review Activities” flowchart.
Project File Created
A project file is created in our cloud-based Workflow system with all of the appropriate project information including address, permit number, when the project was received, when the project is due, and the assigned team member.
Project Assignment
Once a project is received, it is evaluated to determine complexity based on type (residential/commercial/industrial), square footage, number of stories, type of construction, etc. Then, the project is assigned to a plan check engineer and the review begins. The project will remain with the assigned engineer for the duration of the project.
Comprehensive Review (Corrections & Approvals)
A review is conducted by our qualified plan check team, a correction list is prepared to identify the items that need correction and this list is provided to the City in a digital format. If/when a third review is necessary, JAS Pacific plan review team members will reach out to the applicant to clarify any potential outstanding corrections. To ensure new plan check corrections are not generated on supplemental reviews, the project will be reviewed by the team member originally assigned to the project. In the event supplemental comments are necessary due to an undisclosed modification in the scope of work, JAS Pacific will notify the City and the applicant immediately.
Plan Review Documents
Once a review is complete and is not ready for approval, JAS Pacific will provide a complete Correction List of items requiring correction, clarification, or change to be approved. The correction list will be prepared in an approved format and provided to the City in a paper and/or electronic format for paper plans and electronic format for electronic plans and will be sent directly to the applicant and City representatives. Additionally, a transmittal will be provided stating the date the plans were JAS PACIFIC | 18
reviewed, disposition, address, permit number, and the hours spent on the review. All of these documents will be available in our cloud-based storage for reference as well.
Digital File of Approved Plans
Upon approval, JAS Pacific will provide the City with a digital file of the plans that have achieved approval status. This will relieve the City from performing this function within their offices and the digital file of the approved plans will be available when the approved plan sets are returned to the Building & Safety Department.
Digital Plan Review
JAS Pacific can provide the City with an Internet-based system in support of plan review services for electronic plan submission (ESubmittal). This document workflow solution will allow applicants and City personnel to initiate and complete the plan review process online (including the submission of electronic comments), rather than using a manual, paper-based process that requires printing and shipping. Said services will improve the plan review cycle, reduce costs (i.e. paper use, printing and storage costs, drive time, and gasoline consumption), and support JAS Pacific’s Business Friendly Policy of providing services in a streamlined and seamless fashion as efficiently as possible. JAS Pacific staff has worked with various programs including, but not limited to, Project Dox, Blue Beam, and E-Plan Soft.
File Transfer Portal
JAS Pacific will provide a cloud-based file transfer portal that will allow for the uploading of all electronic files. We use a secure content collaboration, file sharing, and sync solution that supports all the document tasks and workflow needs of electronic plan review. All parties on the file box are notified when plans are uploaded, modified, or accessed. Restrictions can easily be placed on the file to maintain control and ensure the files are upto-date documents.
Marked-up | Approved Plans
JAS Pacific will provide the City and applicant with a file of the plans along with a clear and concise correction list. This review and correction list development will take place utilizing Bluebeam which allows for clear identification of corrections and their location on the plans. This process results in a quicker response time from applicants due to the simplicity of access to each area that requires correction.
Digital File of Approved Plans
Upon approval, JAS Pacific will provide the City with a digital file of the plans that have achieved approval status. This will relieve the City of performing this function within their offices and the digital file of the approved plans will be available when the approved plan sets are returned to the Building & Safety Department.
Real-Time Plan Tracking
JAS Pacific utilizes a cloud-based system to provide up-to-the-minute “RealTime” tracking of plans currently in our queue. This system provides many features related to the management of projects, however, the key components include the project start date, due date, and the disposition.
Notifications are sent when the project’s due date approaches, is completed, and approvals are given. The City would have full access to this program to view the status of each project currently under review with JAS Pacific.
JAS PACIFIC | 19
Turnaround Schedule
A well-defined schedule allows for a clear understanding of the expectations for the City, applicants, and JAS Pacific. The schedule details not only the task but how long it takes for the tasks to be completed. JAS Pacific has a robust team of over 25 plan check engineers and plans examiners of which each has more than 15 years of experience. The size and experience of our team allow for us to meet and exceed the requested turnaround times the City has defined. These tasks are completed within the timeframes in the table below.
Service Goals
Type
Plan Review
Residential
Commercial
1 st Review
10 Working Days
10 Working Days
Subsequent Reviews
5 Working Days
5 Working Days
*Larger projects to be discussed and agree on acceptable turnaround times.
Coordination | Availability to the Public | Meetings
JAS Pacific will be available to all City staff and applicants to ensure an efficient plan review process is achieved and to maintain communication. Meetings – At the request of the City, JAS Pacific will be present for all necessary meetings, including but not limited to, project pre-submittal, during the review process, and after permit issuance.
These meetings may take place in City Hall, over the phone, or via teleconference (Zoom or Teams). Phone Calls/Emails – JAS Pacific is always available via phone or email to discuss projects and technical data.
Virtual Counter
As the digital workspace continues to evolve within the Building & Safety industry, JAS Pacific proposes to offer general and complex administrative support to the City with a Virtual Counter. These services will be performed virtually from of our Corporate office in conjunction with the City’s Building & Safety Department. JAS Pacific proposes the use of new tools and technology as a proactive initiative to modernize all workplace systems and cost-effectively leverage technology to increase productivity and improve service delivery to customers.
Duties & Responsibilities:
Performs residential and commercial building, tenant improvement plan checks. Reviews conceptual planning applications to identify high level building code related issues.
Interprets and enforces State codes and City amendments, including building, structural, fire life safety, energy, solar, disability access, and environmental code compliance reviews. Conducts residential building plan checks.
Interprets and enforces State codes and City amendments, including building, structural, energy, solar, disability, and environmental codes.
Monitor Energov permitting software for all assigned reviews daily.
Perform electronic review for completeness and correctness construction documents, specifications, design calculations, and reports and perform rechecks of corrected information. Correctness and completeness is to be based on latest City adopted version of applicable State Code of Regulations Title 24 and local Codes and policies. A typical complete review includes: architectural, fire life safety, structural, geotechnical, civil (grading and drainage), mechanical, electrical, plumbing, energy, green, and disable access as applicable for each project.
JAS PACIFIC | 20
Develop electronically typed lists of corrections so plans will comply with specified codes and regulations and upload the list to Energov permitting software. Provide electronic markups on submitted documents to clarify any listed requirements. Update Energov permitting software directly with file and review status.
Consult with the City, Applicant, or Design Team regarding corrections, clarifications and questions in order to facilitate approval of the calculations, drawings, and specifications. Perform all required rechecks.
Electronically stamp all sheets of approved plans and cover of all supporting documents in Bluebeam Studio Session.
Update Energov permitting software directly with file and review status.
As Needed Support
Building Inspection
JAS Pacific can provide the City with experienced and trained staff to conduct inspection services through the contracting of Building Inspectors. All inspectors meet all qualifications, education, and certification/licensing requirements including a minimum of an ICC Building Inspector certification as needed to perform all required duties. Additionally, all inspectors shall be fully qualified and certified to perform inspections for the discipline in which they are assigned including residential, commercial, industrial, and mixed-use project inspections for compliance with approved plans and related documents. All JAS Pacific assigned Building Inspectors shall be equipped with the necessary tools and equipment when performing building inspection services on behalf of the City. These services can be provided during normal business hours and after hours as requested by the City. Our approach to providing qualified staff is detailed in the “Staff Augmentation Flow Chart” and delivery of inspection services is found in the “Sequence of Building Inspection Activities” flowchart.
Code Enforcement
JAS Pacific can provide code enforcement services by proactively identifying conditions that threaten the health and welfare of the citizens of the City and developing long-term strategies that resolve contemporary community problems and promote community pride and stability. To enhance and sustain the highest quality of life standard, we will provide exceptional customer service and rapid and effective responses. All assigned staff meet the qualification, education, and certification/licensing requirements needed to perform all required duties and JAS will ensure transportation and equipment necessary to perform such duties are provided.
CASp
JAS Pacific can provide CASp certified inspections and plan reviews with staff knowledgeable about the requirements of the State Senate Bill. Our staff not only can perform these duties but are available to City staff for further clarification on various issues that arise with the bill’s implementation.
Permit Technician
JAS Pacific can provide permit counter services through the contracting of certified Permit Technicians. All permit technicians meet all qualifications, education, and certification/licensing requirements including as needed to perform all required duties.
All JAS Pacific assigned permit technicians shall be equipped with the necessary tools and equipment when performing building inspection services on behalf of the City.
Code Adoption
At the request of the City, JAS Pacific can perform research on the City’s Municipal Code and provide draft documents for review by the City Attorney and other responsible departments for the adoption of the codes, along with any desired City amendments to these codes. Once these documents are approved, JAS Pacific can help schedule the required hearings before the City Council, testify before the City Council, and answer questions regarding proposed amendments. JAS Pacific personnel has extensive experience in the area of code adoption and can assist the City in future local adoptions.
Training & Certification
JAS PACIFIC | 21
JAS Pacific is committed to the continuous education of all staff through both in-house and external training. Mr. Fady Mattar and Mr. Stuart Tom are ICC-certified instructors and have provided training to various clients on the building and other codes and regulations. Mr. Mattar’s area of instruction includes plumbing, mechanical, green building, energy, and residential firesprinkler systems topics. Mr. Tom’s area of instruction includes the California Building and Residential Codes, emergency response, fire codes, and other related topics. Both Principal Team Members are available for training at the City’s request.
Mr. Mattar has worked with various JAS clients and industry-related organizations providing instruction on a range of topics.
He was the Training Coordinator for the County of Los Angeles Building Division, creating the training programs for entrylevel inspectors, as well as ongoing training for inspectors, plan review staff, permit technicians, and district office managers.
Mr. Mattar prepared and created training booklets and PowerPoint presentations for training on the California Mechanical and Plumbing Codes, Green Building Code, and Residential Fire Sprinklers then conducted training for ICC Orange Empire, LA Basin, Foothill, High Desert, Coachella Valley, and Ventura Chapters of ICC. He has also presented training on code updates to jurisdictions including the Cities of Los Angeles, Long Beach, Beverly Hills, Santa Monica, El Monte, and the County of Los Angeles. Mr. Mattar has also conducted code classes for UCLA Extension Program and organizations such as ICC, IAPMO, and, PHCC.
Mr. Tom has provided industry training for numerous jurisdictions and local organizations, including but not limited to, the ICC LA Basin, Orange Empire, Construction Specification Institute, Structural Engineers Association of Southern California, CALBO for topics including “Light Gauge Steel Frame Construction”, “Design Considerations for Light Gauge Steel”, “Code Cycle Implementation”, “Code Adoption” and “Significant Code Changes.” Additionally, Mr. Tom worked with the LA City Fire Department, Southern California Fire Protection Officers Organization and FEMA providing instruction on “Structural & Equipment Safety” and “Collapse Hazard Assessment.”
JAS PACIFIC | 22
Plan Review Flowchart
PROJECT FILE CREATED
File created in JAS Workflow.
PAPER REVIEW
Pickup and delivery service
provided at no cost.
ELECTRONIC REVIEW
Plans are uploaded to JAS’s
secure cloud-based storage.
Project file is maintained with status,
correction lists and all correspondence
including phone conversations and
exchange of emails
Project remains with the assigned team
member until final approval is granted.
PROJECT ASSIGNMENT
Plan assigned to team member
COMPREHENSIVE PLAN REVIEW
A full review is performed according
to scope of work.
CORRECTIONS?
YES NO
CORRECTION LIST
Comprehensive correction is list
prepared and issued via hard copy
and electronically.
PLANS ARE APPROVED
The plans are stamped approved
and all documents are returned to
the City.
PLAN REVIEW REQUEST RECEIVED
PLAN RESUBMITTAL
Corrections are addressed and
plans are resubmitted.
Project is reviewed utilizing all current
codes adopted by the County.
JAS PACIFIC | 23
Building Inspection Flowchart
INSPECTOR ASSIGNED
Inspection assigned by City staff.
All inspectors are qualified and
experienced, having all applicable and
necessary licenses/certifications.
Inspector ensures compliance with code
requirements & discrepancies after permit
issuance.
JOB ASSESSMENT
Inspector reviews approved plans
COMPREHENSIVE INSPECTION
An inspection is performed per scope
of work
CORRECTIONS?
YES NO
CORRECTION NOTICE
Comprehensive correction notice is
prepared and issued.
APPROVED
Job record is approved for the
portion of work inspected and
construction can proceed.
INSPECTION REQUEST RECEIVED
REQUEST FOR INSPECTION
Corrections are addressed and
request of inspection is submitted.
Responses include detailed comments with
necessary code references.
JAS PACIFIC | 24
Staff Augmentation Flow Chart
STAFFING SERVICE REQUEST RECEIVED
RECRUITMENT OF
QUALIFIED CANDIDATES
PRE-EMPLOYMENT
SCREENING
JAS searches for candidates that
meet the customer service, licensing
and experience requirements.
JAS reviews submitted resumes and
performs an interview to assess job
knowledge, capabilities and
interpersonal skills.
RESUME SUBMITTED TO THE CITY
CITY INTERVIEW
APPLICATION REVIEW
& INTERVIEW
JAS performs a background and
reference review on top candidates.
The City reviews the resumes and
determines if the candidate is a
potential fit for their department.
CONTRACT STAFF
REQUIREMENTS
JAS PACIFIC EMPLOYEE STARTS
The City interviews the candidate in
order to assess the candidate’s
capabilities.
JAS PACIFIC | 25
QUALITY CONTROL PLAN
JAS Pacific prides itself on the delivery of Building Official & Plan Check Services through an excellent customer service strategy that starts with JAS Pacific’s key personnel as they are each accessible to City staff at their convenience and this same strategy is utilized by our assigned staff. We strive to be proactive before issues arise and resolve issues quickly. The following provides the methodology applied to all services delivered by various team members.
Quality Control
JAS Pacific prides itself in the technical capabilities of its staff members and we take a multi-faceted approach to ensuring the quality of work provided to our clients. Quality control is addressed at three different levels including staff work performance, administrative oversight, and customer satisfaction. To ensure satisfactory staff work performance and work product quality, our staff is encouraged to consult with other staff members on various code-related or City topics, seek advice on unique or complex projects, and look for specific areas of expertise.
Administrative oversight is also provided which involves our principal staff maintaining a close working knowledge of the product that our staff provides to make sure that their work is of the highest quality through periodic work sampling. Additionally, periodic meetings are held to review their progress and the client’s needs. Our administrative staff is also highly trained in up-to-date industry methods in their respective area of expertise.
QUALITY CONTROL
COMMUNICATION
SERVICE DELIVERY
Staff Work Performance
Administrative Oversight
Customer Satisfaction
Project Manager
Assigned Staff
Management
Kick Off Meeting
Staff Approval
Services Commence
JAS PACIFIC | 26
Lastly, quality control is addressed by ensuring customer satisfaction. Any issues or complaints are handled immediately upon receipt. The process leading up to resolution is monitored to ensure a satisfactory outcome and processes are followed to prevent a reoccurrence.
Communication
JAS Pacific believes that effective communication at all levels is a key component of our partnership with the City. Our staff is trained and understands that establishing and maintaining professional working relationships with the City is essential to our success. Staff will attend all meetings as necessary and respond to inquiries by the City, applicants, or other stakeholders promptly and within 24 hours. Our general approach to ensuring this includes:
✓ Project Manager – Oversees Plan Review & Related Services being provided to the City, maintains close liaison with City staff as well as our assigned staff ensuring overall satisfaction as well as an understanding of outstanding assignments. Manages the assignment of all projects to ensure a balanced and manageable workload. ✓ Assigned Staff – All assigned staff possess the necessary interpersonal skills required to ensure successful and productive working relationships. All staff maintain open and ongoing communication with City staff, applicants, officials, and other stakeholders collaborating to ensure customer satisfaction. Staff report out to the Project Manager regularly to ensure all expectations and deadlines are met. ✓ Management – Available to provide the City with all the necessary support to meet staffing, reporting, and accounting needs.
Project Schedule
JAS Pacific is committed to a smooth transition for the City, staff, and the clients we serve. Below our approach to the transition is mapped out and can be modified to best meet the City’s needs. We find the most important step in the transition is the Kick-Off Meeting. It is here that all expectations are exceeded, and questions are clarified.
EXECUTION OF SERVICE
AGREEMENTS
KICK-OFF MEETING A meeting is held to identify any special requirements within the City’s ordinances, allow the City to demonstrate service expectations and hold administrative staff introductions.
CITY APPROVES STAFF The City will have full discretion over JAS team members providing Building & Safety Support services. At any point, our staff can be present for an interview.
JAS and the City agree to terms, service agreements are approved by the Board and fully executed.
SERVICES COMMENCE JAS Pacific will start providing quality Building & Safety Support Services that will exceed the expectations of the City. .
REPORT CARD JAS will initiate follow ups with the City to ensure services provided are exceeding expectations.
JAS PACIFIC | 27
COST OF SERVICES
Plan Review Rate
Building Plan Review $115.00/hour
Staffing Hourly Rate
Building Official – On Call $125.00
JAS PACIFIC | 63
.
CORPORATE OFFICE
201 North Euclid Ave., Ste. A, Upland, CA 91786
P.O. Box 2002, Upland, CA 91785
Phone (800) 818-3677 | Fax (909) 605-0319 | Email [email protected] www.jaspacific.com
Agenda Item No. 8H
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of June 13, 2023
_______________________________
Prepared by:
Todd Bodem, City Administrator
SUBJECT: Consider entering into an agreement with David R. Rose for independent professional building inspector services.
RECOMMENDATION:
It is recommended the Council adopt Resolution No. 2023-45 authorizing the City to enter into an Agreement for Professional Building Inspector Services with David R. Rose.
DISCUSSION
David R. Rose entered into an agreement with the City to perform independent professional building inspector at the rate of $45.00 per hour from May 12, 2020, through May 12, 2021, again on May 25, 2021, through May 25, 2022 and again on June 28, 2022, through June 28, 2023.
City staff approached Mr. Rose to negotiate a new agreement on working as an independent professional building inspector, and he expressed willingness to continue his services for another year, but requested a new rate of $50.00 per hour, a $5.00 per hour increase from 2020.
Attached for Council consideration is the proposed agreement with Mr. David R. Rose (see Attachment No. 2). Again, the proposed agreement provides a single year term with an opportunity to extend the agreement based on the mutual written agreement of both parties on essentially identical terms as the previous agreements, but with the $5.00 per hour increase in his hourly rate. In staff’s opinion, it is in the City’s best interest to continue to hire Mr. Rose based on his experience and proven track record in Guadalupe and that you will not find a company to do this any less expensive.
Options Available to the Council
1. The Council could approve the agreement as recommended; or
2. The Council could direct those changes to be made to the agreement; or
3. The Council could decide not to enter into the agreement.
If the City Council chooses the first option above, the new agreement will be effective on June 28, 2023.
FISCAL IMPACT:
The increase to $50.00 per hour for Mr. Rose to continue his work as an independent professional building inspector will have a fiscal impact of 10% more to the City for these services, but even at this increased hourly rate, the City would not be able to obtain these services for less. This increase is also offset by the fees the City charges for building-related services as well as the 35% overhead on all hours when working on reimbursable projects (applicant paid projects).
ATTACHMENTS
1. Resolution No. 2023-45
2. Agreement for Consultant Services between the City of Guadalupe and David R. Rose
RESOLUTION NO. 2023-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE AUTHORIZING THE CITY TO ENTER INTO AN AGREEMENT WITH DAVID R. ROSE FOR INDEPENDENT PROFESSIONAL BUILDING INSPECTION
AND PLAN CHECK SERVICES
WHEREAS, the City desires to utilize a professional consultant for building inspection and minor plan check services for the Building and Planning Department; and
WHEREAS, on May 12, 2020, the City Council approved a one (1) year contract (May 12, 2020, through May 12, 2021, again on May 25, 2021, through May 25, 2022, and again on June 28, 2022, through June 28, 2023) with David R. Rose that incorporated a scope of work and an hourly rate of $45.00 for building inspection and minor plan checking services; and
WHEREAS, City staff negotiated a new one (1) year contract with Mr. Rose for June 28, 2023, through June 27, 2024, that incorporates a scope of work and at a new hourly rate of $50.00 for building inspection and minor plan checking services, a $5.00 per hour increase from the previous contracts; and WHEREAS, said agreement also requires that the City will reimburse David R. Rose the Internal Revenue Service (IRS) standard mileage rates for the use of his vehicle; and WHEREAS, the costs associated with the provision of these independent consulting services will be recovered in part through the revenue collected in conjunction with the processing of building permit applications, and the Department’s FY 23-24 budget for contract services; and WHEREAS, Mr. Rose was a building inspector for the County of San Luis Obispo from 1999 through April 2019 and worked for JAS Pacific, which was then providing building inspection services for the City, from January 2020 until he was hired as an independent contractor by the City effective on May 12, 2020, and has continued to work exceptionally well for the City of Guadalupe and is still qualified to serve the City of Guadalupe as an independent contractor providing building inspection and plan checking services; and WHEREAS, the City desires to retain David R. Rose to provide said services with a new agreement commencing on June 28, 2023 through June 27, 2024.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Guadalupe as follows:
SECTION 1. The Agreement for Consultant Services between the City of Guadalupe and Mr. David R. Rose, attached to the staff report for this item and incorporated in this resolution, is hereby approved.
SECTION 2. The Mayor is authorized to sign the Agreement with David R. Rose on behalf of the City.
SECTION 3. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.
ATTACHMENT 1
PASSED, APPROVED AND ADOPTED at a regular meeting on the 13th day of June 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. 2023-45, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held June 13, 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
AGREEMENT FOR CONSULTANT SERVICES
BETWEEN
THE CITY OF GUADALUPE
AND
DAVID R. ROSE
THIS AGREEMENT FOR CONSULTANT SERVICES (the "Agreement") is made and entered into this 27th day of June 2023, by and between the CITY OF GUADALUPE, a municipal corporation ("City") and DAVID R. ROSE, a sole proprietorship ("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 18 (Termination of Agreement) of this Agreement, the term of this Agreement shall be for a period of one (1) year from commencing on June 28, 2023 through June 27, 2024, 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 B (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 (Administration, ministerial, and discretionary review). 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). In the event City disputes any charges or expenses, City shall return the original invoice to Consultant with specific items in dispute identified for ATTACHMENT 2
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 forty-five (45) 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, 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) 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, unless all documents and records are turned over to the City at the conclusion of the Agreement.
(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 Consultant shall not 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.
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 agrees to at all times avoid conflicts of interest with the interests of the City in the performance of this Agreement.
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 shall not, without prior 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 sub consultant 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 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) 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 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. Indemnitees need not have first paid for any of the matters to which Indemnitees are entitled to indemnification in order to be so indemnified. The insurance required to be maintained by Consultant under Section 16 shall ensure Consultant's obligations under this section, but the limits of such insurance shall not limit the liability of Consultant hereunder. 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 sole 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 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.
Consultant shall provide the following scope and limits of insurance:
A. Minimum Scope of Insurance: Coverage shall be at least as broad as:
(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.
(4) Errors and omission liability insurance appropriate to the Consultant's profession.
B. Minimum Limits of Insurance: Consultant shall maintain limits of insurance no less than:
(1) General Liability: $1,000,000 general aggregate for bodily injury, personal injury and property damage.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
(3) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident.
(4) Errors and Omissions Liability $1,000,000 per claim.
C. Other Provisions: Insurance policies required by this Agreement shall contain the following provisions:
(1) All Policies: 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) General Liability and Automobile Liability Coverages. (a) City and its respective elected and appointed officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant.
The coverage shall contain no special limitations on the scope of protection afforded to City, and its respective elected and appointed officers, officials or employees.
(b) Consultant's insurance coverage shall be primary
insurance with respect to City, and its respective elected and appointed officers, officials, employees and volunteers. Any insurance or self insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Consultant's insurance.
(c) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(d) Any failure to comply with the reporting or other
provisions of the policies including breaches of warranties shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.
(3) Workers' Compensation and Employer's Liability Coverage.
Unless the City Administrator otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Consultant.
D. Other Requirements: Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this Agreement have been met. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies at any time. (1) Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
(2) The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
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. 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 19. 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 20. 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, and 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 21. 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.
Section 22. 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: David R. Rose
PO Box 1402
Arroyo Grande, CA 93421
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 23. 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 24. Binding Effect. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
Section 25. 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 26. 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 27. 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 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 28. 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 29. 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 30. 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 31. 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 DAVID R. ROSE
By: ______________________________ by: ________________________________ Ariston D. Julian, Mayor David R. Rose
APPROVED AS TO FORM:
__________________________________
Philip F. Sinco, City Attorney
EXHIBIT A – Scope of Services
Consultant will provide City with Building Inspection and minor plan check services working in conjunction with the Contract Building Official. The Building Inspector performs technical building inspection and minor plans examining work to enforce compliance with building codes, regulations, and ordinances; research new construction materials and methods; reviews plans for compliance with city, state, and federal rules and regulations; and provides information to and works with the public to resolve problems. Consultant shall perform the job of contract building inspector and communicate with staff and the public through electronic mail, telephonically, onsite and in person. In general, the Consultant will work to process permits and applications as needed.
EXHIBIT B – Compensation
1. The contract Building Inspector shall be compensated at the rate of Fifty ($50.00) Dollars per hour.
2. City will reimburse Contract Building Inspector the Internal Revenue Service (IRS) standard mileage rates for the use of his vehicle while performing services for the City; and
Agenda Item No. 8I
Agenda Item No. 8J
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of June 13, 2023
_______________________________ _________________________________ Prepared by: Approved by:
Shannon Sweeney Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: Pasadera Landscaping and Lighting District for Fiscal Year 2023/2024.
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt Resolution No. 2023-46, initiating proceedings for the annual levy of assessments for the Pasadera Landscape and Lighting District for Fiscal Year 2023/2024.
2. Adopt Resolution No. 2023-47, approving the Engineer’s Report for the Pasadera Landscape and Lighting District and declaring the City Council intent to levy assessments.
BACKGROUND:
The California Streets and Highway Code allows for the creation of landscape and lighting districts for the purpose of funding the continued operations and maintenance of local parks, landscaping and lighting improvements within these districts. The formation of such districts allows for the levy and collection of annual assessments on the County tax rolls from properties within each such district that receive benefit from the improvements.
Pasadera is a large residential and commercial subdivision located in the southern portion of Guadalupe.
Pasadera includes (802) single family residences, (21.5) acres of commercial development and a (14.37) acre school site. See Attachment 1 - District Diagram – Pasadera planned Improvements. The subdivision includes drainage basins, parks, street landscaping and lighting, two bridges over the railroad and other amenities.
The City Council held a Public Hearing for the establishment of the Pasadera Landscaping and Lighting District (“District”) in accordance with the provisions of the Landscaping and Lighting Act of 1972 on October 10, 2017. Immediately following the hearing, ballots from the landowners were counted for the establishment of the District. Following the owner approval, the City Council adopted a Resolution approving the formation of the District, confirmed the Engineer’s Report, the Assessment Diagram and related assessments.
Shannon Sweeney
DISCUSSION:
An Engineer’s Report for the District must be produced prior to each fiscal year to detail the proposed improvements and services to be provided by the District and the levy and collection of annual assessments for the fiscal year. The City hired Willdan Financial Services to produce the Engineer’s Report for Fiscal Year 2023/2024 (See Attachment 3). The annual assessments, which are calculated in the attached Engineer’s Report, will provide funding for the net special benefit costs and expenses that are necessary to service and maintain the local parks, landscaping, and lighting improvements built with development of properties within the District.
FISCAL IMPACT:
The Engineer’s Report calculated the cost to the property owners to operate and maintain the constructed parks, landscaping and lighting improvements per Equivalent Benefit Unit within the Districts annually as follow:
Zone A (Commercial Property along SR 166, Main Street): $21.49 (last year was $12.16) Sub-Zone B1 (Subdivided Residential Property): $444.00 (last year was $221.26) Sub-Zone B2 (Non-Subdivided Residential Property north of Railroad): $4.79 (last year was $102.52) Sub-Zone B3 (Non-Subdivided Residential Property south of Railroad): $20.00 (last year was $55.64) Each year the annual Engineer’s Report will calculate the costs based on the number of lots subdivided and the total cost to operate and maintain the covered improvements in the District.
ATTACHMENTS:
1. District Diagram – Pasadera planned Improvements.
2. Resolution No. 2023-46, initiating proceedings for the annual levy of assessments for the Pasadera Landscape and Lighting District for Fiscal Year 2023/2024.
3. Preliminary Engineer’s Report for the Pasadera Landscaping and Lighting District, Fiscal Year 2023/2024.
4. Resolution No. 2023-47, approving the Engineer’s Report for the Pasadera Landscape and Lighting District and declaring the City Council intent to levy assessments.
ATTACHMENT 1
RESOLUTION NO. 2023-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE, CALIFORNIA INITIATING
PROCEEDINGS FOR THE ANNUAL LEVY OF ASSESSMENTS FOR THE PASADERA LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2023/2024
WHEREAS, the City Council of the City of Guadalupe, California has, by previous Resolutions, formed the Pasadera Landscaping and Lighting District (herein referred to as the “District”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “1972 Act”), that authorizes the levy and collection of assessments by the County of Santa Barbara for the City of Guadalupe to pay the maintenance and services of landscaping, lighting, appurtenant facilities and operations related thereto; and,
WHEREAS, the City Council has retained Willdan Financial Services for the purpose of assisting with the annual levy of the District, and to prepare and file a report with the City Clerk in accordance with the 1972 Act.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Guadalupe as follows:
SECTION 1. The City Council hereby orders Willdan Financial Services to finalize the Engineer’s Annual Levy Report concerning the levy of assessments for the District in accordance with Chapter 3, Section 22622 of the 1972 Act.
SECTION 2: The improvements within the District may include any improvements, expenses and services authorized pursuant to the 1972 Act including, but not limited to, the maintenance, operation and servicing of local street lighting, parks, and various landscaping improvements established in connection with development of the properties within the District, and which shall be maintained for the special benefit of those properties. The maintenance and servicing of the improvements generally include, but are not limited to, the materials, equipment, utilities, labor, and incidental expenses, including administrative expenses, required for annual operation, as well as the performance of periodic repairs and replacement activities as needed to provide for the growth, health, and beauty of the parks and landscaping within specified public areas, rights-of-way and/or dedicated easements, the proper operation and functioning of related amenities including, irrigation and drainage systems, specified fencing, hardscapes; sports courts and fields; playground equipment and structures; sidewalks, ornamental or safety lighting; benches, trash receptacles; drinking fountains, picnic facilities and any other equipment, structures or facilities related to the parks and/or landscape areas; and the proper operation of the public street lights and street lighting system within the public rights-of-way which may include, but is not limited to the furnishing of electric current or other illuminating agent; as needed maintenance, repair, and replacement of worn out electrical components and light fixtures, including bulbs, ballasts, photoelectric cells, meters, electrical cables; repair or replacement of damaged poles, ground wires, and conduits caused by accidents, vandalism, time, and weather; and monitoring of the Underground Service Alert (USA) network to prevent damage by ATTACHMENT 2
excavation. The Engineer’s Annual Levy Report shall more fully describes the improvements for Fiscal Year 2023/2024.
SECTION 3: The District as outlined in the Engineer’s Report at the time of formation, incorporates Zones of benefit as authorized in accordance with Chapter 1, Sections 22568 and 22570 of the 1972 Act, which are designated as:
Zone A
Zone B, including Sub-Zone B1, Sub-Zone B2, and Sub-Zone B3 SECTION 4. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.
PASSED, APPROVED AND ADOPTED at a regular meeting on the 13th day of June 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. 2023-46, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held June 13, 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
RESOLUTION NO. 2023-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE, COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, APPROVING THE PRELIMINARY ENGINEER’S REPORT FOR THE PASADERA LANDSCAPING AND LIGHTING DISTRICT AND DECLARING THE CITY COUNCIL’S INTENT TO LEVY AN
ASSESSMENT
The City Council of the City of Guadalupe, California does resolve as follows:
WHEREAS, the City Council of the City of Guadalupe, California has, by previous Resolutions, formed the Pasadera Landscaping and Lighting District, and initiated proceedings for the annual levy of assessments for Fiscal Year 2022/2023 pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the “1972 Act”) that authorizes the levy and collection of assessments by the County of Santa Barbara on behalf of the City of Guadalupe to pay the maintenance and services landscaping, appurtenant facilities and operations related thereto; and, WHEREAS, the City previously determined that the assessments for the District were approved in accordance with the requirements of the California Constitution, Articles XIIID; and, WHEREAS, the City Council has retained Willdan Financial Services for the purpose of assisting with the Annual Levy of the District, and to prepare and file an Engineer’s Annual Levy Report with the City Clerk in accordance with the 1972 Act; and,
WHEREAS, there has now been presented to this City Council the Engineer’s Annual Levy Report, that describes the District and improvements and includes the proposed budgets and assessments for Fiscal Year 2023/2024; and,
WHEREAS, the City Council has carefully examined and reviewed the Engineer’s Annual Levy Report as presented, and is preliminarily satisfied with the District, each of the budget items and documents as set forth therein, and is satisfied that the proposed assessments contained therein, have been spread in accordance with the benefits received from the improvements, operation, maintenance and services to be performed within the District, as set forth in said Report; and WHEREAS, it is the intent of the City Council to levy an assessment for the Fiscal Year 2023/2024 as specified in said Engineer’s Report
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Guadalupe as follows:
SECTION 1. The above recitals are true and correct.
SECTION 2. The City Council hereby declares its intention to seek the annual levy and collection of assessments within the Pasadera Landscaping and Lighting District pursuant to the 1972 Act, over and including the land within the boundaries of said District, and to levy and collect ATTACHMENT 4
assessments on such land to pay the annual costs and expenses of the improvements and services described in the Engineer’s Annual Levy Report, for Fiscal Year 2023/2024.
SECTION 3. The boundaries of the District is described in the Engineer’s Annual Levy Report, as ordered by previous Resolution, and a copy of the District boundaries is on file in the office of Public Works. The District as outlined in the Engineer’s Report, incorporates Zones of benefit as authorized in accordance with Chapter 1, Sections 22568 and 22570 of the 1972 Act, which are designated as:
Zone A
Zone B, including Sub-Zone B1, Sub-Zone B2, and Sub-Zone B3 SECTION 4. The improvements within the District may include any improvements, expenses and services authorized pursuant to the 1972 Act including, but not limited to, the maintenance, operation and servicing of local street lighting, parks, and various landscaping improvements established in connection with development of the properties within the District, and which shall be maintained for the special benefit of those properties. The maintenance and servicing of the improvements generally include, but are not limited to, the materials, equipment, utilities, labor, and incidental expenses, including administrative expenses, required for annual operation, as well as the performance of periodic repairs and replacement activities as needed to provide for the growth, health, and beauty of the parks and landscaping within specified public areas, rights-of-way and/or dedicated easements, the proper operation and functioning of related amenities including, irrigation and drainage systems, specified fencing, hardscapes; sports courts and fields; playground equipment and structures; sidewalks, ornamental or safety lighting; benches, trash receptacles; drinking fountains, picnic facilities and any other equipment, structures or facilities related to the parks and/or landscape areas; and the proper operation of the public street lights and street lighting system within the public rights-of-way which may include, but is not limited to the furnishing of electric current or other illuminating agent; as needed maintenance, repair, and replacement of worn out electrical components and light fixtures, including bulbs, ballasts, photoelectric cells, meters, electrical cables; repair or replacement of damaged poles, ground wires, and conduits caused by accidents, vandalism, time, and weather; and monitoring of the Underground Service Alert (USA) network to prevent damage by excavation. The Engineer’s Annual Levy Report filed with the City Clerk and presented to the City Council more fully describes the improvements proposed for Fiscal Year 2023/2024.
SECTION 5. The Engineer’s Report as presented, consists of the following:
5a.) The Plans and Specifications which describe the boundaries of the District and the improvements associated therewith that provide special benefits to the parcels therein; and, 5b.) The Method of Apportionment that details the method of calculating proportional special benefit and the annual assessment obligation for each affected parcel; and, 5c.) The Estimate of Improvement Costs including the calculation of the assessments and the estimated annual funding (Budget) required for the annual maintenance, servicing, and operation of the parks, landscaping and lighting improvements and specifically the costs
associated with the improvements determined to be of special benefit to parcels within the District, establishing the proposed assessments for fiscal year 2023/2024; and, 5d.) The Assessment Range Formula (Annual Inflationary Adjustment) authorized for annual adjustments to the Maximum Assessment Rates per Equivalent Benefit Unit previously established and approved by the property owner(s) of record in a protest ballot proceeding at the time the District was formed pursuant to the California Constitution Article XIIID; and, 5e.) A District Diagram outlining the boundaries of the District and Zones therein for fiscal year 2023/2024; and,
5f.) An Assessment Roll containing the proposed levy of assessment for fiscal year 2023/2024 for each Assessor Parcel Number currently identified within the District; and, SECTION 6. For Fiscal Year 2023/2024, the proposed assessments outlined in the Engineer’s Report are within the assessment limits previously established for the District as approved by the property owners, and do not require additional property owner ballot proceedings at this time for any assessment increase in accordance with the requirements of the California Constitution, Article XIIID.
SECTION 7. The City Council hereby approves the Engineer’s Report on a preliminary basis as submitted or amended by direction of this City Council, and orders said Report to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection, and by reference the Engineer’s Report is made part of this resolution.
SECTION 8. The City Council hereby declares its intention to conduct a public hearing concerning the levy of assessments for the District in accordance with Chapter 3, Section 22626 of the 1972 Act.
SECTION 9. Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Tuesday, June 27, 2023 at 6:00 p.m., or as soon thereafter as feasible in the City Hall (Council Chambers), located at 918 Obispo Street, Guadalupe, California.
SECTION 10. The City Clerk or their designee is hereby authorized and directed to give notice of the time and place of the Public Hearing for the District and assessments as provided by law by causing the publishing notice of the public hearing once in the local newspaper not less than ten (10) days before the date of the public hearing.
PASSED, APPROVED AND ADOPTED at a regular meeting on the 13th day of June 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. 2023-47, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held June 13, 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
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: June 1, 2023 Planning Report Covering May 2023
MINISTERIAL PROJECTS
Zoning Clearances Approved 0
Zoning Clearances Denied 0
Zoning Verification Letters 0
Business Licenses Approved 2
Business Licenses Denied 0
ADUs approved 2
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. 8K 1
Ministerial Permit Report– May 2023
(Reported 6-1-2023)
Zoning Clearance Approvals
None
ADU Approvals
2023-028-ZC Chavez ADU 336 Campodonico
2023-029-ZC Alejandre ADU 4430 Cedar
Business License Approvals
Campos Child Care Daycare 4549 12th Street
Barney’s Mobile Detailing carwashing 302 West Creston, S.M.
Business License Denials
None
Guadalupe City Planning Department
Planning Processing Summary for May 2023
(6-1-23 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
2022-021-LLA
151 Obispo LLC
LLA for 151 Obispo Tentatively approved by planning staff on May 4th. Mus now be finalized by County
Surveyor.
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 CUP approved on May 23rd by Council 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 Approved by Council on 5-23-23 NO
6th Cycle Housing
Element
Mandatory Update Fall 2022 n/a Draft Housing Element released for review on 5-30-23 with Public Forum on June 22nd and
City Council on July 11th.
No$ = unreimbursed planning work
$ = projects where a fixed fee has been paid
6-1-23
Agenda Item No. 8K 2
Building Inspections Log - May 2023
1 Development
City staff reviewed a number of encroachment permit applications in May. 1 on May 4, 1 on May 5, 1 on May 10.
On May 3, Public Works provided conditions of approval for the Lopez H2A CUP at the northwest corner of 10th St. and Olivera Street
Benefit Districts
Engineering reports were prepared for all benefit districts in preparation for public hearings in June, for tax assessment purposes.
General
Streets
The streets division completed the following additional tasks over and above the weekly trash collection, facilities maintenance, and overall city evaluation:
May 3: Clean up the Veterans Memorial Plaza.
May 4: Install fifteen blue reflective markers for identifying hydrants. Install “No Outlet” sign at the west end of W. Main St.
May 5: Remove glass from Santa Barbara St., alley. Continue cleaning up Guadalupe assessment area on W. Main St.
May 8: Place new trash cans in Pasadera parks. Assist wastewater and FEMA in review of areas damaged by storms. Remove tree from 12th Street.
May 11: Troubleshoot irrigation systems at Del Mar and Esperanza Parks.
May 9: Cleanup City owned property on Garrett Lane.
May 15: Clean up weeds in the Tognazzini Ditch and on 5th Street.
May 16 Spray weeds at eight City sites. Replaced hydraulic line on mower. Set the bench at the Peralta and 11th bus stop.
May 17: update population on City entry signs. Replaced numerous signs including the Calle Cesar Chavez Street sign, the crosswalk sign at Tognazzini, the pedestrian bridge sign, crosswalk sign at Guadalupe and 5th.
Public Works/Engineering Report
June 2023
Agenda Item No. 8K 3
2 May 18: Reset time on Katayama and Amtrak clocks. Fix solar panel for Amtrak lights.
May 19: Pick up dead skunk of Obispo Street. Spray weeds down Main Street.
May 22: Fill holes in dirt along east side of Obispo Street behind sidewalk that resulted from rainstorms.
May 23: Site visit to develop punch list of items to be completed by the developer in Pasadera Lot 9 prior to transfer to city. Remove no parking signs from Al’s Union site May 24: Fill pothole on Guadalupe Street.
May 30: Replace sign at cemetery. Replace trash lid in front of Masatani’s.
May 31: return aerators from wastewater treatment plant to Nipomo CSD. .
On May 3, staff submitted the application for the City of Guadalupe Caltrans annual maintenance permit for conducting maintenance work on Caltrans property within City limits. An extension was granted on May 22.
The Public Works Director participated in the following meetings in May:
• May 1: 2022 pavement rehabilitation project final walk-through. • May 2: Kickoff meeting for 303 Obispo site improvements project. Wastewater master plan progress meeting.
• May 3: General overview meeting of projects around Guadalupe, meeting with SBCAG and Caltrans.
• May 4: Technical advisory committees for SBCAG.
• May 5: Central Park monthly progress meeting.
• May 10: FEMA meeting.
• May 22: Central Park cost estimate review.
• May 25: Central Coast Water Authority board meeting.
• May 26: Guadalupe to Beach trail discussion.
• May 29: Highway 1/166 consolidated project cost discussion. •
Urban Forest Plan
The City received $170,734.49 to develop an Urban Forest Plan and associated elements, including a street tree inventory. So far, 125 trees have been inventoried.
Parks
Central Park
A monthly progress meeting was held on May 5. In May, the consultant and City staff worked on details related to the dog park and public art on the elevated tank. In addition, staff worked with the consultant to evaluate project costs.
Leroy Park Phase II
3 City staff continues to work on meeting the grant application requirements for this project. In May, the City sent the architect’s standard agreement. All that is left at this time is the audit and consolidation of the environmental paperwork.
Facilities
City Hall
Painting of City Hall was completed in May.
Streets
2022 Pavement Rehabilitation Project
This project was completed in May.
On May 4, staff successfully submitted the SB1 reporting requirement through the state CalSMART system.
Transit
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 kickoff meeting for this project was held on May 2, 2023. Due to anticipated long lead time, some electrical equipment has already been 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.
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, 4 meters in April, and 62 meters in May with assistance of temporary personnel.
Bonita Tank Demolition
Four quotes for the demolition of Bonita Tank were received by the deadline of May 18.
Awarded this project schedule for the June 13 2023 City Council meeting.
Wastewater
Regulatory
No sewer system overflows occurred in May 2023.
4 Project
# Account # 2022-23 TOTAL
2022-23 Spent/
Encumbered May 2023 Update
100 Buildings089-104 89-4444-3044 155,127 $ 9,358 $ Transition well under way089-105 89-4444-3045 40,840 $ 089-106 89-4444-3077 90,000 $ deferred Proposal rejected by Council. Project on hold. 089-107 89-4444-3076 70,000 $ 089-108 89-4444-3075 170,000 $ 26,527 $ PG&E design underway 089-109 New Royal Theatre 5,459,320 $
089-110 New Library Relocation 30,000 $
089-111 New City Hall Restroom Redesign - $ canceled $154,000 funds transferred to 089-112 089-112 New 554,000 $ 79,665 $ city hall structural assessment+painting bid 200 Parks
089-201 New 4,882,054 $ 611,887 $ 100% design drawings submitted in May. 089-204 New CDBG (Leroy Phase 2) 1,700,000 $ Two remaining elements for grant application underway 300 Streets, Sidewalks, Bicycle Facilities
089-307 89-4444-3067 200,000 $ 089-308 89-4444-3068 1,700,000 $ 1,471,237 $ Completed 089-309 89-4444-3097 100,000 $ 100,000 $ Completed
089-310 New 293,809 $ Developer to address. Drawings submitted and approved 089-311 89-4444-3092 60,000 $ 400 Water
089-406 89-4444-3093 95,000 $ 8,000 $ Attorney met with staff March 22089-407 89-4444-3094 200,000 $ 87,016 $ Meters purchased for conversion 274 of 503 installed 089-408 89-4444-3095 50,000 $ 089-409 89-4444-3096 450,000 $ 379,255 $ Completed 8/9/22 089-410 New 40,000 $ 37,721 $ Contract award scheduled for June 13. 500 Wastewater
089-503 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 28 089-510 89-4444-3090 90,000 $ 600 Transit
089-603 New 1,700,000 $ 1,138,772 $ Bus ready. Scheduled to be delivered in August 089-602 New 494,000 $ Clean California Local Program grant application submitted April 28 Transfer to CIP fund 089: 20,346,971 $ 6,012,258 $
Completed/Cancelled
General Plan UpdatePublic Facilities Master Plan (w/ parks & library)American Legion wood repairBuilding improvements (PD Electrical, misc)City Hall Upgrades (roof & assoc. building repairs)CDBG (Central Park)11th st multimodal path designStreet Rehabilitation FY 22/23Sidewalk repairsLa Guardia SidewalkElevated Tank Repairs/Evaluate Antenna RevenueAdvanced Metering Infrastructure Phase 1SCADA ImprovementsWest Main WaterlineBonita Tank DemolitionEffluent Irrigation Pump Station RehabilitationHwy 1 Lift StationAIPS vaultEV Bus and chargingAmtrak Train Station Rehab (design)
PROJECT DESCRIPTIONS
Financial Accounting Software
City of Guadalupe
Capital Improvement Projects Budget - Fiscal Year 22-23 Storm Drain Improvements
CITY ADMINISTRATOR’S REPORT
May 23, 2023
(Information below may be subject to change)
1. Develop Strategies with Public Safety Director to Address Public Safety Issues in a Sustainable Manner
On June 5, 2023, the Public Safety Director (PSD) and the City Administrator (CA) met to discuss a goal for the coming year a strategy for dealing with Public Safety Issues based on sustainability. The CA and PSD are contemplating jointly developing the strategy. It can be brought forward to the Council for review. Both the PSD and CA are direct reports to the Council. Both feel it is paramount that they meet at least weekly to develop and implement this strategy. The PSD has made recent presentations to the Council relating to Public Safety personnel needs. Personnel needs are of course just part of the picture. Equipment, training, and facilities are all important elements of the strategy.
Sustainability is also clearly an important factor as noted in Council comments following recent presentations. Long -term sustainability will need to be built over time. As the strategy is being developed both shall consider different alternatives that may be available for service delivery that could be cost-effective. These might include contracting some form of the services out to another agency or firm. An alternative might also include the increased use of volunteers from the community. Perhaps the providing of some form of services to the surroundings of the County by contract could be explored. Augmenting revenue sources dedicated to the delivery of this service should also be considered.
2. Diablo Canyon Power Plant (DCPP) Site Visit ono June 8 In anticipation ahead of this written report, the City Administrator will have met PG&E for a site visit to Diablo Canyon Power Plant (DCPP) on Thursday, June 8 ---- PG&E reached out to the City Administrator to obtain some required information from him to obtain the necessary security clearance for him to lead a team for this visit.
3. Guadalupe Cannabis Program Business Status
The Central Coast Processing Cannabis business is moving along. The Element 7 Retail Dispensary has submitted its Conditional Use Permit (CUP) and making tenant improvements, city staff will reach out to negotiate the community benefit agreement with Element 7, an initial draft to be completed by early July. On June 2nd, the Root One Retail Cannabis Dispensary submitted its CUP.
4. Royal Theater Japanese Citizen League Kick Off Talk
Agenda Item No. 9
The Royal Theater TEAM are continually organizing Japanese Citizen League event!? A very tentative flyer is being made (See attachment 1). The TEAM will likely be contacting the city to ask for some things like access to the Royal so they can tour it.
Just a heads up for now.
5. Recreation Economy for Rural Communities (RERC) Guadalupe Workshop – Tuesday, June 6 at 5:30 p.m.
At the time this report was submitted, the RERC Group met for the first post-RERC workshop Zoom call. The call took place on Tuesday, June 6. More to come on this…..
6. Roundtable Meeting – 6-2-2023 at 5 p.m.
At this monthly meeting, the group discussed the following topics:
1. Welcome and Quick Introductions
2. Announcements
a. Alejandra Mahoney, LADG:
i. Announcement of newly appointed Executive Director
b. Tiffany Gonzales, LADG:
i. LADG nominated as 2023 California Nonprofit of the Year by Senator Monique Limón
ii. Microenterprise Business Classes in Spanish to start Jun 13, 2023 iii. Notice of Community Participation Forum: 6th Cycle 2023-2031 Guadalupe Housing Element, Jun 22, 2023, at 6:30 PM
iv. Senior Luau Lunch, Jun 21, 2023
v. BEAD Conference
c. Erika Weber, Dunes Center:
i. In need of interns/educators for a 6-week (40 hours/week) summer camp. Contact Jenise Coates, [email protected], for more information
ii. Annual Gala, Jul 15, 2023. Besides attendance, the Dunes Center needs raffle prizes and live and silent auction items (flyer) d. Garret Matsuura, GBA:
i. In need of volunteers for the broadband survey
ii. GBA Monthly Meeting, Jun 7, 2023
iii. Introducing the Guadalupe Coalition of Nonprofits website e. Hannah “Mira” Beyeler, LADG, GVPAC
i. Weekend-long celebration of the 100th anniversary of Cecil B.
DeMille’s film The 10 Commandments
3. Support to Facilitate Future Roundtable Meetings
7. Business Access Concerns (Between 9th and 10th Streets) David Long, Title Officer with Fidelity National Title Company was going to obtain a title report to see if a portion of Pioneer Street allowed for public access to the rear of the businesses like the new Social Club. It was discovered from a copy of a Record of Survey from 1936 reflecting that Pioneer Street did not extend past 9th Street.
Mr. Long found dedications for Pioneer Street in the 1950 for portions of it south of the property in question. Since he could not find a record of a dedication or a map that created the street, he believes that street paper or otherwise existed in this area. Mr. Long suggested that the property owner reach out to the county surveyors’ office to see if they can shed some light on the situation – by way of map dedication or by document. The assessor might have information as well – in regards as to why their map reflects it as abandoned.
8. Highways 1 and 166 Consolidated Project Update
On May 30, 2023, the Highway 166 Project Consolidation team met to review costs for the of the proposed $30,000,000 project. Caltrans prepared a design memo which summarized analysis of the SBCAG and Pasadera traffic studies and assesses options for the Hwy 1/166 intersection configuration. The TEAM talked briefly about the design configuration of the Hwy 1/166 in our 30% consolidated plan and cost sharing.
9. Fee Schedule Committee Workshop 6-5-2023
On June 5, 2023, a fee schedule committee meeting was held. There were no final fee schedule amounts agreed upon. But the committee addressed items regarding the use of the facilities knowing that the city passed tax measures, which are to cover public safety, administration and parks and recreation. Since the city is quickly moving into budget considerations, the attendant issue is needed and should be resolved to prevent cancellation of programs and gym use which has been quite successful.
The following were in attendance:
1. Janice Davis, Finance Director
2. Todd Bodem, City Administrator
3. Hannah Sanchez, Recreation and Parks Manager
4. Emily Dreiling, Recreation and Parks Commission Member
5. Megan Lizalde, City Council Member
6. Ariston Julian, Mayor
This was the first meeting to discuss the fee schedule and costs associated with the use of city facilities. The committee directed the discussion points to be summarized in draft form to be presented to the committee in June and then the committee will recommend an updated fee schedule to the city council for future consideration.
10. June Monthly Grant Opportunities
More grant opportunities, See attachment 2.
11. 3CE $250,000 Grant Received
This grant is one of three grants the city received to purchase an electric bus, yeah! See attachment 3.
TOUR & TALK:
THE ROYAL THEATER, GUADALUPE, CA
Ventura County JACL
The Royal Theater in Guadalupe, CA has
been recently designated as a National
Historic site. The theater was built by an
Issei pioneer prior to World War II. Join
us for a talk by Naomi Hirahara about
the history of Japanese Americans in the
city and take a tour of the Royal Theater
hosted by the City of Guadalupe.
JULY
Naomi Hirahara
Author
American Son
Trip is made possible
through grants from
Keiro and the National
JACL Legacy Grant
8 REGISTRATION IS NOW OPEN!
Presented with
help from the
City of
Guadalupe
BUS SEATING IS LIMITED SO PLEASE
REGISTER TO SAVE YOUR SEAT!
LUNCH WILL BE PROVIDED.
TO REGISTER VISIT: WWW.VCJACL.ORG
ATTACHMENT 1
ATTACHMENT 3
Agenda Item No. 11
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of June 13, 2023
_______________________________ _________________________________ Prepared by: Approved by:
Shannon Sweeney, Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: Guadalupe Benefit Assessment District No. 1 (FY 2023-24) – Public Hearing RECOMMENDATION:
It is recommended that the City Council conduct a public hearing to provide all present with an opportunity to speak regarding the assessments for the Guadalupe Benefit Assessment District No. 1 and that the City Council adopt Resolution No. 2023-48 setting the proposed assessments.
DISCUSSION:
City Council is responsible for levying assessments based upon prior year costs and estimated future costs for lighting and landscaping in the Point Sal Dunes and Riverview subdivisions of the Guadalupe Benefit Assessment District No. 1. Benefit assessments are established to cover the estimated annual costs for Fiscal Year 2023-2024. In compliance with Section 6066 of the Government Code, benefit assessments require a public hearing.
FISCAL IMPACT:
The Guadalupe Benefit Assessment District No. 1 Fixed Charges Report for Fiscal Year 2023-2024 has been prepared to detail the estimated FY 2023-24 annual costs for the Guadalupe Benefit Assessment District No. 1. (See Attachment 2). The anticipated FY 2023-24 costs are $17,726.66 for Point Sal Dunes and $6,020.00 for Riverview. The proposed costs per parcel are as follows (does not include County Administrative fee of $1.00 per parcel).
Riverview (50 parcels) Per Parcel Assessment: $120.40
Point Sal Dunes (254 parcels) Per Parcel Assessment: $ 69.79 The proposed assessments for Point Sal Dunes and Riverview are unchanged from last year.
ATTACHMENTS:
1. Resolution No. 2023-48
2. Exhibit A
3. Property Tax Roll 23-24 Fund 0641
Shannon Sweeney
RESOLUTION NO. 2023-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE CONFIRMING LIGHTING AND LANDSCAPING CHARGES FOR THE GUADALUPE BENEFIT ASSESSMENT DISTRICT NO. 1 AND AUTHORIZING THE SANTA BARBARA COUNTY AUDITOR’S OFFICE TO COLLECT SAID BENEFIT ASSESSMENTS FOR THE 2023-2024 TAX YEAR
WHEREAS, Guadalupe Benefit Assessment District No. 1 (“District”) was established by City Council Resolution No. 91-945 on February 11, 1991; and
WHEREAS, the boundaries of said District were expanded by Resolution Nos. 91-978, 92-09, and 94- 31; and
WHEREAS, said District was established for the purposes of providing street lighting, landscape maintenance, drainage maintenance, and other purposes within the District; and WHEREAS, pursuant to Government Code §54716, a written report containing a description of the parcels in the Guadalupe Benefit Assessment District No. 1 and the amount of the assessments based on the estimated benefit for such parcels has been prepared and was filed with the City Clerk of the City of Guadalupe; and
WHEREAS, the Council designated Tuesday, June 13, 2023, at the hour of 6:00 p.m. in the Council Chambers, 918 Obispo Street, Guadalupe, California as the time and place for the hearing of protests and objections in relation to said assessments; and
WHEREAS, notice of said hearing was duly posted and published, and affidavits of said posting and publication have been duly filed; and
WHEREAS, Government Code §54716(d) provides that at said hearing the City Council shall hear and consider all protests and at the conclusion of the hearing the City Council may adopt, revise, change, or modify any assessment and shall make its determination by Resolution upon each proposed assessment described in the said report; and
WHEREAS, the Auditor of Santa Barbara County requires that each year a resolution be passed which identifies the amount to be charged as an annual assessment; and WHEREAS, the City Engineer of the City of Guadalupe has determined that the estimated lighting and landscaping costs with administration for Fiscal Year 2023-2024 will be Six Thousand Twenty Dollars exactly ($6,020.00) for the Riverview Subdivision and Seventeen Thousand Seven Hundred Twenty Six Dollars and Sixty-six Cents ($17,726.66) for Point Sal Dunes Subdivision.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Guadalupe does hereby:
SECTION 1. Allocate the Six Thousand Twenty Dollars exactly ($6,020.00) for the Riverview Subdivision among Fifty (50) parcels at the assessment rate of One Hundred Twenty Dollars and Forty Cents ($120.40) per parcel and the Seventeen Thousand Seven Hundred Twenty Six Dollars and Sixty-six Cents ($17,726.66) for Point Sal Dunes Subdivision among ATTACHMENT 1
Two Hundred Fifty-Four (254) parcels at the assessment rate of Sixty-Nine Dollars and Seventy-Nine Cents ($69.79) as outlined in the 2023-2024 Guadalupe City Assessment District No. 1 Fixed Charges Report (attached hereto as Exhibit “A”); and SECTION 2. Direct the Santa Barbara County Auditor Controller’s office to collect said benefit assessments for the 2023-2024 tax year at the same time and in the same manner as the general tax levy for the County of Santa Barbara as set forth in Government Code §54716.
SECTION 3. Authorize the City Clerk 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 13th day of June 2023 by the following vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAINED:
RECUSED:
I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being C.C. Resolution No. 2023-48, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held June 13, 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”
City of Guadalupe
Benefit Assessment District No. 1
Fixed Charges Report
FY 2023-24
ATTACHMENT 2
City of Guadalupe
Benefit Assessment District No. 1
FY 2023-24
RIVERVIEW
(Phase I)
Estimated Lighting and Landscaping
Operation, Maintenance, and Replacement Costs
July 1, 2023 through June 30, 2024
This report provides the estimated annual costs for benefit assessment district administration, landscape maintenance, and street lighting for Riverview (Phase I) for FY 2023-24. PG&E street lighting costs are based on Rate Schedule LS-1.
There are 50 parcels within Riverview (Phase I). Each is assessed equally.
RIVERVIEW
(Phase I)
Estimated Costs
July 1, 2023 through June 30, 2024
Overhead Costs:
Overhead costs include Administration, Public Works, and Finance Department oversight, monthly payment of invoices, preparation of the annual cost study, presentation of cost study to City Council at a properly noticed Public Hearing, interaction with the Santa Barbara County Auditor-Controller’s office, and review and sign-off on the annual cost study per State law. Also included is an allowance for street light replacement and a pro-rated cost of liability insurance for the district. 543.00
Allowance for Street Light Replacement 300.00
City Engineer 550.00
Liability Insurance 159.00
Overhead Costs $ 1,552.00
Admininstration/Finance per Cost Allocation Study
Landscape Maintenance Costs:
The City will either use City staff or contract with a landscaping firm to maintain the district’s street landscaping. The landscaping uses an irrigation system. Periodically, plants, trees, and shrubs need to be replaced.
Item Total
Contract with landscaping firm or City staff for maintenance of street landscaping 1209.00 Irrigation water (per City records) 100.00
Allowance for replacement of plants, trees, and shrubs 678.60 Annual Landscape Costs: $ 1,987.60
Street Lighting Costs:
Estimated annual costs for street lighting based on PG&E Rate Schedule LS-1.
Number of
Street Lights Rate/Year Total
Riverview 15 $165.36 $2,480.40
TOTAL ESTIMATED ANNUAL COST: $6,020.00
COST PER PARCEL ($6,020.00 / 50 Parcels) $120.40
City of Guadalupe
Benefit Assessment District No. 1
FY 2023-24
POINT SAL DUNES
(Phases I, II, III, IVa, IVb, IVc, Va, and Vb)
Estimated Lighting and Landscaping
Operation, Maintenance and Replacement Costs
July 1, 2023 through June 30, 2024
This report provides the estimated annual costs for Benefit Assessment District administration, landscape maintenance, and street lighting for Point Sal Dunes (Phases I, II, III, IVa, IVb, IVc, Va, and Vb) for 2023-24. PG&E street lighting costs are based on Rate Schedule LS-1.
There are 254 parcels within Point Sal Dunes (Phases I, II, III, IVa, IVb, IVc, Va, and Vb). Each is assessed equally.
POINT SAL DUNES
(Phases I, II, III, IVa, IVb, IVc, Va, and Vb)
Estimated Costs
July 1, 2023 through June 30, 2024
Overhead Costs:
Overhead costs include Administration, Public Works, and Finance Department oversight, monthly payment of invoices, preparation of the annual cost study, presentation of cost study to City Council at a properly noticed Public Hearing, interaction with the Santa Barbara County Auditor-Controller’s office, and review and sign-off on the annual cost study per State law. Also included is an allowance for street light replacement and a pro-rated cost of liability insurance for the district. 1628.00
Allowance for Street Light Replacement 800.00
City Engineer 950.00
Liability Insurance 481.00
Admin/Finance/Public Works/Water staffing costs $ 3,859.00 Admininstration/Finance per Cost Allocation Study
Landscape Maintenance Costs:
The City will either use City staff or contract with a landscaping firm to maintain the district’s street landscaping. The landscaping uses an irrigation system. Periodically, plants, trees, and shrubs need to be replaced.
Item Total
City staff or contract with landscaping firm for maintenance of street landscaping 4815.00 Irrigation water (per City records) 875.00
Allowance for replacement of plants, trees, and shrubs 1728.62 Estimated Annual Landscape Costs: $ 7,418.62
Street Light Electrical Costs:
Estimated annual costs for street lighting based on PG&E Rate Schedule LS-1.
Number of
Street Lights Rate/Year Total
Pt. Sal Dunes (all 8 Phases) 39 $165.36 $6,449.04
TOTAL ESTIMATED ANNUAL COST: $17,726.66
COST PER PARCEL ($17.726.66 / 254 Parcels) = $69.79
District Name: Guadalupe Benefit Assessment District #1 Description: Fund 0641, Lighting and Landscaping
Tax Year: 2023-24
Contact Person: City Administrator, (805) 356-3891
Total # of Assessments: 304
Total Assessment Amount: $23,746.66
ATTACHMENT 3
0641 113-380-001 69.79
0641 113-380-002 69.79
0641 113-380-003 69.79
0641 113-380-004 69.79
0641 113-380-005 69.79
0641 113-380-006 69.79
0641 113-380-007 69.79
0641 113-380-008 69.79
0641 113-380-009 69.79
0641 113-380-010 69.79
0641 113-380-011 69.79
0641 113-380-012 69.79
0641 113-380-013 69.79
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0641 113-380-051 69.79
0641 113-380-052 69.79
0641 113-380-053 69.79
0641 113-380-054 69.79
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0641 113-380-071 69.79
0641 113-390-001 69.79
0641 113-390-002 69.79
0641 113-390-003 69.79
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0641 113-390-006 69.79
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0641 113-390-008 69.79
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0641 113-390-010 69.79
0641 113-390-011 69.79
0641 113-390-012 69.79
0641 113-390-013 69.79
0641 113-390-014 69.79
0641 113-390-015 69.79
0641 113-390-016 69.79
0641 113-390-017 69.79
0641 113-390-018 69.79
0641 113-390-019 69.79
0641 113-390-020 69.79
0641 113-390-021 69.79
0641 113-390-022 69.79
0641 113-390-023 69.79
0641 113-390-024 69.79
0641 113-390-025 69.79
0641 113-390-026 69.79
0641 113-390-027 69.79
0641 113-390-028 69.79
0641 113-390-029 69.79
0641 113-390-030 69.79
0641 113-390-031 69.79
0641 113-390-032 69.79
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0641 113-390-034 69.79
0641 113-390-035 69.79
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0641 113-390-051 69.79
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0641 113-390-053 69.79
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0641 113-400-010 69.79
0641 113-400-011 69.79
0641 113-400-012 69.79
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0641 113-400-014 69.79
0641 113-400-015 69.79
0641 113-400-016 69.79
0641 113-400-017 69.79
0641 113-400-018 69.79
0641 113-400-019 69.79
0641 113-400-020 69.79
0641 113-400-021 69.79
0641 113-400-022 69.79
0641 113-400-023 69.79
0641 113-400-024 69.79
0641 113-400-025 69.79
0641 113-400-026 69.79
0641 113-400-027 69.79
0641 113-400-028 69.79
0641 113-400-029 69.79
0641 113-400-030 69.79
0641 113-410-001 120.4
0641 113-410-002 120.4
0641 113-410-003 120.4
0641 113-410-004 120.4
0641 113-410-005 120.4
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0641 113-410-008 120.4
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0641 113-410-020 120.4
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0641 113-410-023 120.4
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0641 113-410-026 120.4
0641 113-410-027 120.4
0641 113-410-028 120.4
0641 113-410-029 120.4
0641 113-410-030 120.4
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0641 113-410-035 120.4
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0641 113-410-039 120.4
0641 113-410-040 120.4
0641 113-410-041 120.4
0641 113-410-042 120.4
0641 113-410-043 120.4
0641 113-410-044 120.4
0641 113-410-045 120.4
0641 113-410-046 120.4
0641 113-410-047 120.4
0641 113-410-048 120.4
0641 113-410-049 120.4
0641 113-410-050 120.4
0641 113-420-001 69.79
0641 113-420-002 69.79
0641 113-420-003 69.79
0641 113-420-004 69.79
0641 113-420-005 69.79
0641 113-420-006 69.79
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0641 113-420-008 69.79
0641 113-420-009 69.79
0641 113-420-010 69.79
0641 113-420-011 69.79
0641 113-420-012 69.79
0641 113-420-013 69.79
0641 113-420-014 69.79
0641 113-420-015 69.79
0641 113-420-016 69.79
0641 113-420-017 69.79
0641 113-420-018 69.79
0641 113-420-019 69.79
0641 113-420-020 69.79
0641 113-420-021 69.79
0641 113-430-001 69.79
0641 113-430-002 69.79
0641 113-430-003 69.79
0641 113-430-004 69.79
0641 113-430-005 69.79
0641 113-430-006 69.79
0641 113-430-007 69.79
0641 113-430-008 69.79
0641 113-430-009 69.79
0641 113-430-010 69.79
0641 113-430-011 69.79
0641 113-430-012 69.79
0641 113-430-013 69.79
0641 113-430-014 69.79
0641 113-430-015 69.79
0641 113-430-016 69.79
0641 113-430-017 69.79
0641 113-430-018 69.79
0641 113-430-019 69.79
0641 113-430-020 69.79
0641 113-430-021 69.79
0641 113-430-022 69.79
0641 113-430-023 69.79
0641 113-430-024 69.79
0641 113-430-025 69.79
0641 113-430-026 69.79
0641 113-430-027 69.79
0641 113-430-028 69.79
0641 113-430-029 69.79
0641 113-430-030 69.79
0641 113-430-031 69.79
0641 113-430-032 69.79
0641 113-440-001 69.79
0641 113-440-002 69.79
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0641 113-440-005 69.79
0641 113-440-006 69.79
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0641 113-440-008 69.79
0641 113-440-009 69.79
0641 113-440-010 69.79
0641 113-440-011 69.79
0641 113-440-012 69.79
0641 113-440-013 69.79
0641 113-440-014 69.79
0641 113-440-015 69.79
0641 113-440-016 69.79
0641 113-440-017 69.79
0641 113-440-018 69.79
0641 113-440-019 69.79
0641 113-440-020 69.79
0641 113-440-021 69.79
0641 113-440-022 69.79
0641 113-440-023 69.79
0641 113-440-024 69.79
0641 113-440-025 69.79
0641 113-440-026 69.79
0641 113-440-027 69.79
0641 113-440-028 69.79
0641 113-440-029 69.79
0641 113-440-030 69.79
0641 113-440-031 69.79
0641 113-440-032 69.79
0641 113-440-033 69.79
0641 113-440-034 69.79
0641 113-440-035 69.79
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0641 113-440-038 69.79
0641 113-440-039 69.79
Agenda Item No. 12
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of June 13, 2023
_______________________________ _________________________________ Prepared by: Approved by:
Shannon Sweeney, Todd Bodem, City Administrator
Public Works Director/City Engineer
SUBJECT: Guadalupe Lighting District (FY 2023 – 24) – Public Hearing RECOMMENDATION:
it is recommended that the City Council conduct a public hearing to provide all present with an opportunity to speak regarding the assessments for the Guadalupe Lighting District and that the City adopt Resolution No. 2023-49 setting the proposed assessments.
DISCUSSION:
Benefit assessments are levied for the Guadalupe Lighting District to cover the annual costs of street lighting. The Guadalupe Lighting District is a subsidiary district of the City of Guadalupe. Administration of the district is the responsibility of the City. In compliance with section 6066 of the Government Code, benefit assessments require a public hearing.
FISCAL IMPACT:
The City Engineer has prepared an estimate of the annual costs for the Guadalupe Lighting District based on the Guadalupe Lighting Report. (See Attachment 2). Since the Lighting District also receives property tax, the annual cost to be covered by the benefit assessment is $7,205.91 in 2023 – 24.
The amount charged for parcel within the Lighting District varies based on the type of parcel – apartment, home, commercial, industrial, and so forth. The amount charged for parcel was established with the Lighting District. The proposed 2023 – 24 rates will vary from $2.40 (vacant land) to $28.72 (heavy commercial). Rates are unchanged from last year.
Rates 18/19 19/20 19/20 20/21 21/22 22/23 23/24
Heavy Commercial $73.53 $28.72 $28.72 $28.72 $28.72 $28.72 $28.72 Industrial/Light Commercial $49.71 $19.46 $19.46 $19.46 $19.46 $19.46 $19.46 MF Residential/ Apartments $25.94 $10.16 $10.16 $10.16 $10.16 $10.16 $10.16 Churches $18.01 $7.05 $7.05 $7.05 $7.05 $7.05 $7.05
SF Residential $10.08 $3.95 $3.95 $3.95 $3.95 $3.95 $3.95 Vacant land $6.15 $2.40 $2.40 $2.40 $2.40 $2.40 $2.40
Shannon Sweeney
ATTACHMENTS:
1. Resolution No. 2023-49
2. Exhibit A
3. Property Tax Roll 23-24 Fund 2686
RESOLUTION NO. 2023-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE CONFIRMING STREET LIGHTING
CHARGES FOR THE GUADALUPE LIGHTING DISTRICT AND AUTHORIZING THE SANTA BARBARA COUNTY AUDITOR’S OFFICE TO COLLECT SAID BENEFIT ASSESSMENT FOR THE 2023-2024 TAX YEAR WHEREAS, the City of Guadalupe has established a benefit assessment district known as the Guadalupe Lighting District (“District”); and
WHEREAS, said District was established to provide street lighting within the District; and WHEREAS, pursuant to Government Code §54716, a written report containing a description of the parcels in the District and the amount of assessments based on the estimated benefit for such parcels has been prepared and filed with the City Clerk of the City of Guadalupe; and WHEREAS, the City Council designated Tuesday, June 13, 2023, at the hour of 6:00 p.m. in the Council Chambers, 918 Obispo Street, Guadalupe, California as the time and place for the hearing of protests and objections in relation to said assessment; and
WHEREAS, notice of said hearing was duly posted and published, and affidavits of said posting and publication have been duly filed; and
WHEREAS, Government Code §54716(d) provides that at said hearing the City Council shall hear and consider all protests and at the conclusion of the hearing the City Council may adopt, revise, change, or modify any assessment and shall make its determination by resolution upon each proposed assessment described in the said report.
WHEREAS, the Auditor of Santa Barbara County requires that each year a resolution be passed which identifies the amount to be charged as an annual assessment; and WHEREAS, the City Engineer of the City of Guadalupe has determined that the estimated lighting costs with administration for Fiscal Year 2023-2024 will be Three Hundred Seventy-one Thousand Eight Hundred Fifty-three Dollars and Eighty-nine Cents ($371,853.89), Two Hundred Nine Thousand Four Hundred Ninety-five Dollars and Ninety-eight Cents ($209,495.98) will be paid from fund balance, One Hundred Fifty-five Thousand One Hundred and Fifty-two Dollars ($155,152.00) will be paid by property tax revenue received, and Seven Thousand Two Hundred Five Dollars and Ninety-one Cents($7,205.91) of these costs need to be allocated to parcels within the Guadalupe Lighting District.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Guadalupe does hereby:
SECTION 1. Confirm and levy the benefit assessment outlined in the Guadalupe Lighting District Report for Fiscal Year 2023-24 (attached hereto as Exhibit “A”); and SECTION 2. Distribute that assessment to each parcel in the district based on type of use, as follows:
ATTACHMENT 1
# of Assess. Total
Type of Use Parcels per Parcel Assess.
Heavy Commercial 1 $28.72 $28.72
Industrial/Light Commercial 73 $19.46 $1,420.58
MF Residential/Apartments 116 $10.16 $1,178.56
Churches 10 $7.05 $70.50
SF Residential 1,081 $3.95 $4,269.95
Vacant land 99 $2.40 $237.60
Total 1,380 $7,205.91
SECTION 3. Direct the Santa Barbara County Auditor Controller’s office to collect said benefit assessments for the 2023-2024 tax year at the same time and in the same manner as the general tax levy for the County of Santa Barbara as set forth in Government Code §54716.
SECTION 4. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained.
In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.
PASSED, APPROVED AND ADOPTED at a regular meeting on the 13th day of June 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. 2023-49, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held June 13, 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”
City of Guadalupe
Guadalupe Lighting District Report
FY 2023-24
ATTACHMENT 2
City of Guadalupe
Lighting District
FY 2023-24
Street Lighting Installation, Operation,
Maintenance, and Replacement Costs
July 1, 2023 through June 30, 2024
This report provides the estimated annual PG&E Street Lighting costs, miscellaneous electrical costs, and assessment district administrative costs for 2023-24. Street Lighting costs are based on PG&E Rate Schedule LS-1.
City of Guadalupe
Lighting District
Estimated Costs
July 1, 2023 through June 30, 2024
Administrative/Finance/Public Works/Water Department Staffing Costs:
Administration, Public Works, and Finance costs include general oversight, monthly payment of invoices, preparation of the annual cost study and presentation to Council during a properly noticed Public Hearing, interaction with the Santa Barbara County Auditor-Controller’s office, review and sign-off on the annual cost study and interaction with PG&E concerning non-functioning street lights.
Street Lighting Costs:
Estimated street lighting costs for the period July 1, 2023 through June 30, 2024 based on PG&E Rate Schedule LS-1. There are 271 street lights in the Lighting District.
Number of
Street Lights Rate/Year Total
271 $165.36 $44,812.56
Lighting Installation Costs:
Guadalupe Lighting District funds may be used for parks lighting. $300,000.00 is budgeted for installation of lighting as part of the Central Park Renovation Project. $209,495.98 from the cash balance from the Guadalupe Lighting District will be applied to this project.
Miscellaneous Electrical Costs:
The Lighting District pays the electrical costs for the Katayama Clock, the downtown parking lot, and the Amtrak depot. Estimated electrical costs for the period July 1, 2023 through June 30, 2024.
Item Months Per Month Total
Katayama Clock 12 $25.00 $300.00
Parking Lot 12 $910.00 $10,920.00
Amtrak Depot 12 $500.00 $6,000.00
Total $17,220.00
Total Annual Costs $371,853.89
Less Property Taxes ( $155,152.00)
Less Fund Balance (fund balance as of 4/30/2023 = $358,974.01) $209,495.98 Annual Cost to be covered by Assessment $7,205.91
6,547.00
Street Light InstallationReplacement Project 300,000.00 City Engineer 1,474.33
Liability Insurance 1,800.00
Overhead Costs $ 309,821.33
Admininstration/Finance
District Name: Guadalupe Lighting District
Description: Fund 2686, Street Lighting
Tax Year: 2023-24
Contact Person: City Administrator, (805) 356-3891
Total # of Assessments: 1380
Total Assessment Amount: $7,205.91