August 8, 2023 City of Guadalupe Council Meeting Agenda Page 1 of 4 City of Guadalupe
AGENDA
Regular Meeting of the Guadalupe City Council and
Tuesday, August 8, 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, August 8, 2023.
Please be advised that, pursuant to State Law, any member of the public may address the City Council concerning any item on the Agenda, before or during Council consideration of that item. If you wish to speak on any item on the agenda, including any item on the Consent Calendar or the Ceremonial Calendar, please submit a speaker request form for that item. If you wish to speak on a matter that is not on the agenda, please do so during the Community Participation Forum.
The Agenda and related Staff reports are available on the City’s website: www.ci.guadalupe.ca.us Friday before Council meeting.
Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be made available the Friday before Council meetings at the Administration Office at City Hall 918 Obispo Street, Monday through Friday between 8:00 am and 4:30 pm, and also posted 72 hours prior to the meeting. The City may charge customary photocopying charges for copies of such documents. Any documents distributed to a majority of the City Council regarding any item on this agenda less than 72 hours before the meeting will be made available for inspection at the meeting and will be posted on the City’s website and made available for inspection the day after the meeting at the Administrator Office at City Hall 918 Obispo Street, Monday through Friday between 8:00 am and 4:30 pm.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, including review of the Agenda and related documents, please contact the Administration Office at (805) 356.3891 at least 72 hours prior to the meeting. This will allow time for the City to make reasonable arrangements to ensure accessibility to the meeting.
1. ROLL CALL:
Council Member Christina Hernandez
Council Member Gilbert Robles
Council Member Megan Lizalde
Mayor Pro Tempore Eugene Costa Jr.
Mayor Ariston Julian
2. PLEDGE OF ALLEGIANCE
3. MOMENT OF THANKS, APPRECIATION OR CONDOLENCES.
August 8, 2023 City of Guadalupe Council Meeting Agenda Page 2 of 4
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
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.
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 July 31, 2023.
C. Approve the Minutes of the City Council regular meeting of July 25, 2023.
D. MONTHLY REPORTS FROM DEPARTMENT HEADS
1. Planning Department report for July 2023
2. Building Department report for July 2023
7. CITY ADMINISTRATOR REPORT: (Information Only)
8. DIRECTOR OF PUBLIC SAFETY REPORT: (Information Only)
REGULAR BUSINESS
9. Tesla electric vehicle charging station in Guadalupe – City Guidance.
Written report: Todd Bodem, City Administrator
Recommendation: That the City Council direct staff on the installation of a Tesla electric vehicle charging station at the Veterans Memorial Plaza parking lot located at 884 Guadalupe Street or an alternative location.
August 8, 2023 City of Guadalupe Council Meeting Agenda Page 3 of 4
10. Second Amendment to the Joint Powers Agreement Creating the Central Coast Water Authority.
Written report: Philip F. Sinco, City Attorney
Recommendation: That the City Council adopt Resolution No. 2023-68 approving the second amendment to the joint powers agreement creating the Central Coast Water Authority regarding storage of groundwater.
11. FUTURE AGENDA ITEMS
12. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS
13. ADJOURNMENT TO CLOSED SESSION MEETING
14. CLOSED SESSION AGENDA
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; Guadalupe Police Officers Association (POA); International Association of Fire Fighters (IAFF), Local 4403.
Public Employee Performance Evaluation
(Subdivision (b) of Gov. Code Section 54957)
Title: Director of Public Safety
Public Employee Performance Evaluation
(Subdivision (b) of Gov. Code Section 54957)
Title: City Attorney
15. ADJOURNMENT TO OPEN SESSION MEETING
16. CLOSED SESSION ANNOUNCEMENTS
17. 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 3rd day of August 2023.
______________________________
Todd Bodem, City Administrator
Todd Bodem
August 8, 2023 City of Guadalupe Council Meeting Agenda Page 4 of 4
PROPOSED FUTURE CITY COUNCIL AGENDA ITEMS
Council Meeting: Date and Subject Department Agenda Category Tuesday, August 22, 2023, at 6:00 pm / Regular Meeting
Approval of Owner’s Agreement to Construct and Maintain Private Drainage Improvements for Water Quality
Public Works Dept. Consent Calendar
Discussion – Food Truck Options Planning Department Public Hearing Element 7 Community Benefit Agreement Administration Dept. Regular Business Re-evaluation of GMC 10.24.190 parking of large
vehicles or utility trailers limited and GMC 10.24.200
parking of large vehicles or utility trailers - permit.
Public Safety Department Regular Business
CalPERS Unfunded Liability Finance Department Regular Business Facilities Fee Schedule Recreation & Parks Regular Business Update on 866 Guadalupe Street Code Compliance
case
City Attorney Regular Business
Tuesday, September 12, 2023, at 6:00 pm / Regular Meeting Tuesday, September 26, 2023, at 6:00 pm / Regular
Meeting
Other Unscheduled Items Proposed
Date of Item
Department Agenda Category
Tree Ordinance Public Works New Business
Sidewalk Vending Ordinance Planning Department New Business Food Truck and Special Event Ordinance Planning Dept New Business Gift Policy City Attorney New Business
Benefit for Unrepresented Employees Human Resources New Business State of City Report Admin Department New Business
Joint Use Agreement with School District Recreation & Parks New Business Agenda Item No. 6B
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of August 08, 2023
Prepa,afi:: ,
Veronica Fabian
Finance Account Clerk
eviewM.b�
Janice Davis
Finance Director
Approved by:
Todd Bodem
City Administrator
SUBJECT: Payment of warrants for the period ending July 31, 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.
RECOMMENDATION:
That the City Council review and approved the listing of hand checks and warrants to be paid on August 09, 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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July 25, 2023 City of Guadalupe Council Meeting Minutes Page 1 of 12 ` MINUTES
City of Guadalupe
Regular Meeting of the Guadalupe City Council
Tuesday, July 25, 2023, at 6:00 pm
City Hall, 918 Obispo Street, Council Chambers
1. ROLL CALL:
Council Member Christina Hernandez
Council Member Gilbert Robles
Council Member Megan Lizalde
Mayor Pro Tempore Eugene Costa Jr.
Mayor Ariston Julian
2. PLEDGE OF ALLEGIANCE
3. MOMENT OF THANKS, APPRECIATION OR CONDOLENCES.
Mayor Julian mentioned the passing of Luis (“Louie”) Navarro, a long-time Guadalupe resident.
Mr. Navarro was 94 years old and a veteran. “We wish the family well and offer our condolences.”
4. AGENDA REVIEW
There were no changes to the agenda.
5. PRESENTATION
• Central Coast Community Energy – Judi Young, Senior Customer Accounts Manager Ms. Young explained that 3CE follows the Community Choice Aggregator, or “CCA” model. CCA purchases electricity on behalf of local communities. PG&E still delivers the electricity, maintains infrastructure and handles billing. Primary benefits to the customer are local control, competitive rates and clean energy.
In 2017, Monterey Bay Community Power, or “MBCP”, was founded by counties of Monterey, San Benito and Santa Cruz. In 2020, service expanded to cities in San Luis Obispo County, and the name changed to Central Coast Community Energy (3CE). A year later, service expanded to County of Santa Barbara and City of Guadalupe joined in. There are 34 member agencies in five (5) counties with more than 400,000+ customers serviced by 3CE. There has been a $1B investment in renewable energy with $26M in customer programs.
`
Agenda Item No. 6C
July 25, 2023 City of Guadalupe Council Meeting Minutes Page 2 of 12 There is a 94% enrollment rate in communities. In unincorporated areas of Santa Barbara County, there are 45,049 customers. City of Guadalupe partners with Solvang and Buellton with a two-year rotation. Currently, Solvang is the representative on 3CE’s governing body.
The average residential savings is about 18%. That is the average approximate difference between PG&E and 3CE rates in 2022. Small to medium commercial customers had savings between 2% to 19%, after March 2022.
3CE is targeting year 2025 to have 60% clean and renewable energy and year 2030 to be at 100%.
The planned resource mix targeted for year 2030 is 47% solar, 43% wind and 10% geothermal.
Switching from gas to electric vehicles and appliances is a pathway to carbon-free energy by 2030. 3CE’s total investment in Guadalupe is $464,671. This involves the Electric School Bus Program.
Mayor Julian asked, “We shared before Buellton was a part of the group. It used to be 2-2-2…two years that we split with Solvang. Now there’s a third with Buellton. How does that work?” Ms.
Young said, “It’s up to the local communities how they’ll rotate, and what their schedules will be.” The mayor then said, “County Supervisor Das Williams is a regular participant. He brings in a lot of information working with the Air Pollution Control District. He cited diesel power boats going electric.”
The mayor then said, “Before we even approved this, there was a concern about a period of time a person could drop out. Do you have any experience with that, in terms of the Guadalupe area? What’s the percentage of people opting out?” Ms. Young said, “The presentation said that about 94% are enrolled with 3CD which is through 2022. We’re actually up to 95% now. I’m not sure what the City of Guadalupe is, but I have that information back in my office. I can let you know, but you’re somewhere in that area.” The mayor then said, “I don’t think it’s very high. They want to stay with you.”
Mr. Bodem commented that he and CM Hernandez had toured the Diablo nuclear plant. He said, “It’s been decommissioned but that’s been extended…want to keep it open longer I think because they thought the clean power wasn’t where it should be by now. Do you know much about that?” Ms. Young said, “Yes, it will stay open longer….until when, we don’t know. It is a PG&E owned facility. 3CE can’t provide nuclear…we can’t buy power from them. It’s not considered renewable so we couldn’t purchase it anyway. We’re looking to increase capacity of the grid.” CM Lizalde asked, “I’m looking at the power source map. Is this showing all the projects that have been completed and up and running or projects in development?” Ms. Young said, “There are some notes that say some are in development. Yellow Pine in Clark County in Nevada has come online since this map was created.” Ms. Young concluded by saying that this is an annual presentation, and she’ll be back next year with an update.
6. COMMUNITY PARTICIPATION FORUM
Mr. George Alvarez: What can she (Ms. Judi Young) do to paint the electrical poles downtown? What outreach can 3CE do like PG&E did before? Am I the only one seeing this? The red paint is peeling off the curbs. We have a beautiful town that’s being neglected. People park in front of July 25, 2023 City of Guadalupe Council Meeting Minutes Page 3 of 12 hydrants. We need to have the City look into all of this. Also, the Virgin Mary statue…fire was turned on her face. This was brought to the attention of the Police Department. That to me is a ‘hate crime’.
We’re a Catholic community. I hope the person who did this is found.
7. CONSENT CALENDAR
The following items are presented for City Council approval without discussion as a single agenda item in order to expedite the meeting. Should a Council Member wish to discuss or disapprove an item, it must be dropped from the blanket motion of approval and considered as a separate item.
A. Waive the reading in full of all Ordinances and Resolutions. Ordinances on the Consent Calendar will be adopted by the same vote cast as the first meeting unless City Council indicates otherwise.
B. Approve payment of warrants for the period ending July 17, 2023, and ratify payment of warrants for the period ending July 3, 2023.
C. Approve the Minutes of the City Council regular meeting of July 11, 2023.
D. Retroactive approval of agreement with law firm of Best, Best & Krieger to review the lease agreement for the use of the City of Guadalupe water tower with various cell service providers.
E. Approval of agreement with the law firm of Liebert Cassidy Whitmore for assistance with labor negotiations and human resource matters as required and authorize the City Administrator to sign the agreement on behalf of the City.
F. Removal and replacement of a Recreation and Parks Commissioner and provide direction to staff on how to fill the vacancy.
G. Adopt Resolution No. 2023-65 establishing the appropriations limit from tax proceeds for Fiscal Year 2023-2024.
H. MONTHLY REPORTS FROM DEPARTMENT HEADS
1. Public Safety Department:
a. Police Department report for June 2023
b. Fire Department report for June 2023
c. Code Compliance report for June 2023
2. Human Resources report for June 2023
3. Recreation and Parks reports for June 2023
4. City Treasurer’s report for May 2023
CM Lizalde pulled Item #7.F. Motion was made by Council Member Hernandez and seconded by CM Robles to approve the balance of Consent Calendar. 5-0 Motion passed.
July 25, 2023 City of Guadalupe Council Meeting Minutes Page 4 of 12 On Item #7.F., ‘Removal and replacement of a Recreation & Parks Commissioner and provide direction to staff on how to fill the vacancy” – CM Lizalde questioned if anything was needed from the Council on this item. Ms. Hannah Sanchez said, “We want to remove a Recreation & Parks Commissioner and need direction on removing and replacing.” Mayor Julian said, “We’d notice the Commissioner opening with a 30-day deadline. Applicants would write a letter of interest.” City Attorney noted that a motion was needed to take this action.
Motion was made by Council Member Lizalde and seconded by Council Member Robles to remove Trevor Lamberson as a Recreation and Parks Commissioner and open recruitment for replacement. 5-0 Motion passed.
Request to Speak
George Alvarez: (Item #7.H.) There’s an important element here in our community – our police. We have an outrageous number of people making U-turns. We’re short of staff with our police officers.
Look at grants to get police officers. We need as much direction from the City Council as we can get to help the PD. The stain of Guadalupe is getting terrible…drug history. Be proactive with the children in our community. Keep our kids safe.”
8. CITY ADMINISTRATOR REPORT: (Information Only)
A picture showing the charging station for the electrical bus which is coming in a couple of weeks was given to the Council.
Dwayne Chisam, new interim Public Works Director/City Engineer, reported on his brief start with the City. Mr. Chisam reported on the following:
• There were a few things in transportation…some backlogged reports to the State that are now done.
• Royal Theatre – made a few recommendations.
• Looked at some lot splits…more to come.
• Worked with staff at the wastewater treatment plant. There are new General Permit Regulations coming in the next several months relating to improvements at the plant. The timelines to comply are 3-5 years.
• Recycle Water Permit – need to sign up in September.
• Toured Escalante Meadows.
• Reviewed report on condition of tank on 10th Street – need to get done by end of year for Central Park project to get going.
Mayor Julian commented, “The City is small, but there’s a lot going on!”
9. DIRECTOR OF PUBLIC SAFETY REPORT: (Information Only) Chief Cash cited two (2) corrections to his written report: Both corrections were under “Police Staffing”: 1) the police officer who submitted his resignation officially separated from the July 25, 2023 City of Guadalupe Council Meeting Minutes Page 5 of 12 department on July 19 2023, not July 17, 2023, and 2) Lt. Limon did not take a temporary demotion to sergeant to fill staffing levels. Issue was worked out, so this did not have to occur.
Chief Cash said, “I want to thank Mr. George Alvarez. He’s a great supporter of the Police Department. He comes by our office to speak with us. I see each council member and Mayor on a regular basis. I appreciate how you do it all. The City Council is always looking at ways to help the PD in any way. Thank you to all who help me.”
The last item on the report was “Riverbed Flooding” stating that the “Department will be assisting UC San Diego in the drone mapping of the damage to provide to outside agencies.” Chief Cash said, “There is a group from UCSD driving drones over the riverbed area, and a group of students from San Diego State University are flying drones over the flooding area. Everyone is working to get resources.”
Mayor Julian said, “Last Wednesday, 7/19, there was a town hall meeting held in the City auditorium.
There were three (3) main areas discussed regarding Main Street and the beach. The area right before the kiosk will cost around $470k to repair. The land between the kiosk and the sand company, around $700k. The road over the dunes will require rerouting the road which will be very expensive.
There were about 100 people who attended this meeting.” CM Robles added, “At this meeting, it was mentioned that this is a temporary fix.” CM Lizalde said, “So many agencies have their hands in the improvement with all the issues caused by the rainstorm and flooding, such as the SB County Public Works staff.”
REGULAR BUSINESS
10. Solid waste collection, transportation, processing, and disposal franchise agreement extension.
Written report: Philip F. Sinco, City Attorney
Recommendation: That the City Council adopt Resolution No. 2023-66 extending the solid waste collection, transportation, processing, and disposal franchise agreement, as amended, an additional five years, with a rate adjustment that averages approximately 13%.
City Attorney Sinco prefaced his comments about the details of the franchise agreement by saying, “This was supposed to be dealt with at a meeting when Shannon Sweeney was here. I needed to review the agreement which was developed before I was hired, which was July 1, 2017.
City Attorney Sinco gave a brief background on this franchise agreement extension which, in part, was as follows: The City entered into an amended and restated franchise agreement with Valley Garbage and Rubbish Company, Inc. (Valley Garbage)…dated March 8, 2016, but not fully executed until May 24, 2016, for solid waste collection transportation, processing and disposal. Waste Management acquired Valley Garbage thereafter. The amended and restated franchise agreement’s termination date is close of business on July 31, 2023. The City has the right to extend the term of this franchise agreement for two (2) additional periods of five (5) years each.
July 25, 2023 City of Guadalupe Council Meeting Minutes Page 6 of 12 Most of the changes in the amendment reflect changes to solid waste definitions and other revisions required by law and changes to the process of addressing contamination of waste or overfilling of containers. Other than those changes required by law, the amendment does not substantially change solid waste service provided by the current franchise agreement. The overall rate adjustment of approximately 13% reflects a combination of cost increases to meet the most current organic material recycling requirements as well as pass-through cost from the third-party contractor that provides street sweeping services.
City Attorney Sinco added, “There’s been smooth interaction and cooperation between me and Waste Management. Shannon Sweeney was comfortable with the first 5-year extension of this agreement.”
Ms. Liz Gomez, Public Sector Waste Management Manager, was then asked to speak. She introduced some WM staff, legal, regional managers and others. Ms. Gomez did mention that organic and food waste collection was included in this agreement. CM Hernandez asked, “if the agreement is approved tonight, can customers receive voicemails or emails regarding the food waste collection?” Ms. Gomez said that some campaign will occur with any changes.
CM Lizalde said, “Residents received a flyer saying that beginning July 1st, the organic collection would be weekly. We want information to go out promptly. When would the contract start?” Ms.
Gomez said, “We will communicate in both English and Spanish. The contract or agreement will start August 1, 2023.”
CM Lizalde then asked, “I couldn’t find clear language in the contract. Two (2) clean-ups per year?” Ms. Gomez said, “Yes, they will still occur and remain ongoing in the agreement.” Request to Speak
George Alvarez: I’m familiar with Waste Management. I sued the City before. They wanted to build a recycle facility in the middle of town…that was with a prior City Council. I won, and it cost the City $2,000. You’re not being transparent. Why aren’t there any competitive bids for this? Can’t live under a rock. Cost of garbage is going up. I don’t support a 10-year plan. Keep a schedule to clean streets.”
Mayor Julian said, “During the Pioneer flooding, we requested Waste Management to come out quickly to have the affected people be able to throw trash away. They accommodated us. I was impressed with their professionalism and being well organized. I even see sanitation workers wave at residents. The service is great…no complaints.”
CM Lizalde added, “All changes are in the packet. Highest change I saw was $5.00. Service rates are transparent.”
Motion was made by Council Member Lizalde and seconded by Council Member Hernandez to approve Resolution No. 2023-66 extending the solid waste collection, transportation processing and disposal franchise agreement, as amended, an additional five years. Roll Call: Ayes: 5 5-0 Motion passed.
July 25, 2023 City of Guadalupe Council Meeting Minutes Page 7 of 12
11. Revision of the Job Description and Classification of Finance Clerk, regular part-time position to Finance Clerk, regular, full-time position in the Finance Department.
Written report: Janice Davis, Finance Director
Recommendation: That the City Council adopt Resolution No. 2023-64 approving the classification and job description for the regular, full-time Finance Clerk in the Finance Department and reclassification of current part-time Finance Clerk to the full-time Finance Clerk position.
Ms. Davis gave the background on this item which, in summary, included the following: At the City Council meeting on July 11, 2023, there was discussion to have the Finance window open from 9:00 a.m. to 5:30 p.m. versus the current 8:30 a.m. to 4:00 p.m. schedule. One step towards accomplishing this schedule change was to have the current Finance Clerk who is part-time, changed to full-time. Also noted was the fact that the current staff is limited to performing only specific duties, highlighting the need for cross-training. This cross-training, which to date has not been able to occur, would allow for appropriate backup in the event of emergencies, vacations, etc.
To be able to have the window open until 5:30 p.m., and accommodate cross-training, a part-time Finance Clerk was also discussed at the July 11th meeting. While the Council did not support this additional part-time position as there needs to be at least two (2) persons able to work until 5:30 p.m. However, further discussion showed some support for another full-time position. Since this new full-time position was not part of the July 11th agenda, the item was deferred to another meeting. (Note: Ms. Davis did state in her staff report that this additional full-time Finance Clerk position was a part of the revised budget for FY 23/24 which would be discussed at tonight’s meeting.) The fiscal impact to the general fund for the increase on the part-time position, from 30 hours per week to 40 hour per week, is limited since 95 percent of the cost for this position is allocated to enterprise funds.
CM Lizalde asked, “The report says even making the person full-time, the window still can’t open to 5:30 p.m. The last time, it hinged on staff’s schedules.” Ms. Davis said, “I’m asking for the full-time position for cross-training purposes, not to keep the window open. There are only two (2) days staff can stay until 5:30 p.m.” CM Hernandez commented that there are many cities she’s seen that have a 9:00 a.m. to 5:00 p.m. schedule. CM Lizalde then said, “During the pandemic, there was limited opening. About 55 percent of our accounts pay by cash or check. This brought home the need to have the window open later.”
CM Costa, Jr. said, “The issue with this is that we’re not open on Fridays. Employees don’t go to jobs and dictate their schedules. The water bills go towards the employees’ pay.” Ms. Davis responded, “Brought to staff to see… where do we come to a consensus where things work for everyone? Regular hours before… the City was open until 4:30 p.m. I can accommodate until 4:30 p.m. But it’s 6:00 p.m. if we stay open until 5:30 p.m. I don’t know how many residents we’ll get staying open late.”
CM Costa, Jr. added, “With the 30-hour position, that was for afternoon to closing. Another full-time position is questionable.” Ms. Davis explained the primary functions performed by the current staff:
1) Payroll & general ledger; 2) Accounts Payable; 3) Accounts Receivable, and 4) Window. CM Costa, Jr. said, “You being the Finance Director, you should be able to take care of the functions. You should July 25, 2023 City of Guadalupe Council Meeting Minutes Page 8 of 12 be able to do all the functions. For the Accounts Payable person, they should be able to do the window.” Ms. Davis explained, “Once the [Tyler] system implementation is complete, we can cross train and move things off me, too.”
CM Lizalde asked, “Two (2) people who work the window, do they work a 9/80 schedule?” Ms. Davis said that there is one full-time and one-part-time. CM Lizalde continued saying, “We have to start someplace. This window in the primary concern. We need to start there.” Ms. Davis added that current staff can only be available Wednesday and Friday for the later hours.
CM Robles asked, “Two people for the window. What are the hours?” Ms. Davis said, “For the fulltime position, it’s 7:00 a.m. to 4:30 p.m. and for the part-time, it’s six (6) hours per day.” CM Robles then asked if there is a set up time to prepare for the day. Ms. Davis said, “Yes, thirty minutes to open the window at 8:30 a.m.”
CM Hernandez asked, “How would we backup the window if someone is out?” At this point, City Attorney interjected, “Change of hours, working conditions have to be discussed with the Union. We don’t need to get agreement, but we have to negotiate. It’s going to take a while to change.” Mayor Julian said, “This is incremental. We hear what residents are saying. If the next step is to meet with the Union...”
Mr. Bodem asked, “The Accounts Payable person used to do the window. Can that happen?” Ms.
Davis said that that person is the backup. But there’s a lot that goes with Accounts Payable…can’t always do the backup.”
Again, Mayor Julian said, “This is the first step. We need to have coverage. The money we get from people pays the salaries.”
Motion was made by Council Member Lizalde and seconded by Mayor Julian to approve Resolution No. 2023-64 to revise the job description and reclassify the regular, part-time Finance Clerk position to full-time. Roll Call: Ayes: 3 Julian, Hernandez, Lizalde Nos: 2 Costa, Jr., Robles Abstain: 0 3-2-0 Motion passed.
A brief break was taken at 7:15 p.m. with the meeting resuming at 7:21 p.m.
12. Fiscal Year 2023-2024 Proposed Budget.
Written report: Janice Davis, Finance Director
Recommendation: That the City Council adopt Resolution No. 2023-67 accepting the proposed final budget for the fiscal year 2023-2024, along with the Capital Improvement Projects Budget, Capital Facilities Program of Projects, and American Rescue Plan Act (ARPA) allocation of funds.
Ms. Davis recapped the various revised areas of the proposed final budget, some of which were a result of discussions at the June 27, 2023 City Council meeting regarding expenditures as well as revenue and ARPA funds.
July 25, 2023 City of Guadalupe Council Meeting Minutes Page 9 of 12 General Fund Summary: Difference between expenditures and revenues = +$28,859. (However, if there is to be at two (2) months of reserves, as the audit recommends, there would be a difference of -$449,502.) Those revisions are as follows:
• Sales Tax Revenues decreased by $128,876.
• Transfers from ARPA increased by $244,942.06.
• General Fund Transfers: Measure A decreased by $99,800; Gas Tax increased by $126,155. • Lighting District Fund 65 revenues reduced by $147,800. • Pasadera Lighting & Landscaping District Fund 63 increased by $115,900. • Lighting & Landscaping District Fund 60 increased by $22,000. • Miscellaneous funds transfers increased by $170,985.
General Fund Expenditures include the following:
• Library Fund 28 increased by $10,000 over the previous $5,000 budgeted.
The following is an email from Ms. Dawn Jackson, Santa Maria Library Director, received by Ms. Davis on 7/25/23:
“The lease sets the rent at $2,000 per month, which would be an annual total of $24,000.
However, the Library applies annually for a tax rebate with the County, as the property is solely used for a library. We deduct this rebate amount from our rent over two months, and the amount is figured annually into our budget allocations. With the rebate considered, our total annual allocation request for rent for Guadalupe Library is $22,000. With the $7,000 toward rent provided by the County, this leaves the balance at $15,000.” • Finance Department expenditures decreased by $170,734.08, due to salaries and benefits allocated to the water enterprise fund.
• Lighting Districts expenditures increased by $307,000. • Parks & Recreation: $10,000 expenditure is for the O’Connell Park booster pump replacement and not for Central Park.
• Personnel Expenditures increased for step increases as follows:
General Fund - $41,215.02
Enterprise Funds - $11,811.57
• Medical expenses increased 20% resulting in the following increases:
General Fund - $45,679.09
Enterprise Funds - $10,448.20
July 25, 2023 City of Guadalupe Council Meeting Minutes Page 10 of 12 • Unfunded Liability increased personnel expenditures in the General Fund by $22,561.14 and decreased Enterprise Funds by $17,797.17. (An additional total decrease of $19,713.79 due to the resignation of a department head was classified in PERS as “Classic”.) Ms. Davis re-emphasized that the amount shown on the revised budget for the Library rent, which was shown as $17,000, will be revised to be $15,000, or a $2,000 decrease.
CM Lizalde said, “The new full-time Finance Clerk position was put into the revised budget without any discussion. I’m not sure how I feel about that.” City Attorney Sinco commented, “Staff had no intention of adding another full-time position until the last City Council meeting. Ms. Davis brought the two (2) position as one (1) item in a staff report….could have been two reports. Because budget was happening, it was my call to show the one (1) position going from part-time to full-time. If the new full-time position should have been a separate report, that’s my fault.” CM Lizalde added, “For me, I’d like to have seen it as a separate item.” City Attorney Sinco said, “We can remove from budget and bring back as a separate item.” Mayor Julian said, “I believe there’s need for other staff. Current staff has to figure the schedule…no problem leaving new position in the budget.”
Mayor Julian then questioned an item regarding utilities. He asked, “This is a minor issue, but I have a question on the utilities for Le Roy Park. Is the City paying or is the Boys & Girls Club?” Ms. Davis said, “We’re paying, but that has to be changed. For the total time, the City has been paying. There’s been no communication to the Boys & Girls Club to take over utilities.” Mr. Bodem said he’d communicate to the Boys & Girls Club on this issue.
CM Lizalde asked if the utilities for Le Roy Park were still carried in the budget. Ms. Davis said that they are still carried. CM Hernandez asked, “Are we charging for rent for the Boys & Girls Club?” The response was, “No, they are to pay for everything.” Mayor Julian added, “We need to consider hours to serve the public.”
CM Lizalde asked, “Were adjustments for the library made?” Ms. Davis said, “They will be incorporated. I just got an email from the Santa Maria Library Director today.” Mr. Bodem added, “We’re also looking at an in-house IT. Also, we’re approving the budget now, but things could always change.” Mayor Julian said, “There’s no revenue budget for cannabis.” Mr.
Bodem explained, “We wanted to be conservative now with that.” Motion was made by Council Member Lizalde and seconded by Council Member Hernandez to accept Resolution No. 2023-67, the final budget, with changes as discussed for the library rent, along with the Capital Improvement Projects budget, Capital Facilities Program of projects, and American Rescue Plan Act (ARPA) allocation of funds. Roll Call: Ayes: 5 5-0 Motion passed.
13. FUTURE AGENDA ITEMS
City Attorney Sinco: 1) update on 866 Guadalupe Street code compliance case; 2) Proposed amendment to the CCWA JPA agreement.
July 25, 2023 City of Guadalupe Council Meeting Minutes Page 11 of 12 CM Hernandez: “The Fee Schedule is for next meeting. Do the Boys & Girls Club rent out?” Ms.
Hannah Sanchez said, “The Community Center can’t be used for private rentals. Those should be at the City auditorium and/or the Veterans Hall. The Community Center is geared toward community group needs and recreation.” Need to look at compensating the Boys & Girls Club for providing staff was also a comment made regarding the Community Center.
CM Lizalde asked, “Can we have the contract for the Boys & Girls Club when we discuss the fee schedule at the next meeting, so we know?” Mayor Julian said that the Boys & Girls Club don’t pay rent but will be paying for utilities.
CM Robles asked, “Are we having a representative from the Boys & Girls Club at our Recreation & Parks Commission meeting giving any updates?” Ms. Sanchez said, “Yes, but if there’s no representative, they email a report. There aren’t any stats given, just guesstimates.” CM Robles added, “In the past, programs would show the number of kids, how many were using the facility, etc.” Mayor Julian then said, “It’s important for us to know what’s happening with the Boys & Girls Club.”
Ms. Sanchez said, “City Attorney Sinco and Wendy Stockton are working on a joint agreement with the school district. There will be a short-term agreement for the volleyball season and then a full agreement.”
CM Robles asked when does Mary Buren and McKenzie start back to school. They both start August 10th. CM Robles also asked if there was any further discussion on the traffic issues at Mary Buren.
CM Lizalde said, “I thought that the school was going to take care of that.” Chief Cash said, “I relayed the information to the school district that there’s no stopping on 10th Street. We don’t have resources. But we’ll keep an eye out.”
14. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS
CM Hernandez: This past Sunday, Santa Barbara County’s first mobile Farmworkers Resource Center was unveiled. This service provides resources on employment, education, financial, emergency, health and human services. There were more than 200 families that attended this kickoff event.
CM Costa, Jr.: Softball playoff games are coming this Thursday and Friday. The second round is Sunday, August 6th. There’ll be music and a barbecue. The games are at 11:00 a.m., 12 noon with the championship game at 1:30 p.m.
Hannah Sanchez: The ‘Color Run’ will be this Saturday, Saturday, 7/29, with a 11:00 a.m. start time.
Mayor Julian: There’s a Oaxacan group that plays basketball at O’Connell. Barbecue pits are brought there.
July 25, 2023 City of Guadalupe Council Meeting Minutes Page 12 of 12 CM Robles: There was a Bulldogs clinic at O’Connell Park with about 85 kids and coaches. We’re shy of players…seniors, in need of players. If interested, see Enrique Ortiz. We should post a flyer on social media.
Mayor Julian: The City provided the family of Leyva Oregel Garcia with the Senior Center. There were between 35-40 people in attendance. CM Hernandez added, “There’s a GoFundMe page. The Dunes Center gave a $4,500 donation to the family.” Also, there was a tri-tip sandwich fundraiser on July 20th at McKenzie. There were no pre-orders, and all sandwiches sold out in minutes. People continued to come leaving donations. The Family Service Center is providing resources to connect with the family.
15. ADJOURNMENT TO CLOSED SESSION MEETING
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 Lizalde to adjourn to closed session. 5-0 Motion passed. Meeting was adjourned at 8:04 p.m.
16. 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; Guadalupe Police Officers Association (POA)
17. ADJOURNMENT TO OPEN SESSION MEETING
Motion was made by Council Member Costa, Jr and seconded by Council Member Lizalde to adjourn to open session. 5-0 Motion passed. Meeting adjourned to open session at 9:23 p.m.
18. CLOSED SESSION ANNOUNCEMENTS
There was “no reportable action”.
19. ADJOURNMENT
Motion was made by Council Member Costa, Jr. and seconded by Council Member Lizalde to adjourn meeting. 5-0 Motion passed. Meeting adjourned at 9:24 p.m.
Prepared by: Approved by:
_____________________________________ ______________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
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: August 1, 2023
RE: Planning Report Covering July 2023
MINISTERIAL PROJECTS
Zoning Clearances Approved 7
Zoning Clearances Denied 0
Zoning Verification Letters 0
Business Licenses Approved 3
Business Licenses Denied 0
ADUs approved 4
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. 6D 1.
Ministerial Permit Report– July 2023
(Reported 8-1-2023)
Zoning Clearance Approvals
2023-023-ZC Edwards - Olivera Apts Olivera /12th St.
2023-038-ZC Gonzalez Comm. Kitchen 333 Guadalupe Street 2023-042-ZC Gonzalez paving 4366 Guerrero
2023-044-ZC Apostolic Church walls 893 Pioneer Street
2023-048-ZC Cervantes paving 5212 La Purisima
2023-049-ZC Ramerez paving 5209 La Purisima
2023-050-ZC Kirkendoll Room Addition 251 Blue Heron Circle Zoning Clearance Denials
None
ADU Approvals
2023-039-ZC Cardinas ADU 159 Pacific Dunes Way
2023-040-ZC Rivas ADU 153 Point San Dunes Way
2023-043-ZC Viegas ADU 4470 Elm Street
2023-046-ZC Vazquez ADU 4405 Manzanita Street
Business License Approvals
Vega CPR CPR, Notary, LifeScan 136 Masatani
Rincon Consultants Contract Planners 180 Ashwood, Ventura, CA Pacific Blue 805 Gas station/Store 751 Guadalupe St.
Business License Denials
None
Guadalupe City Planning Department
Planning Processing Summary for July 2023
(8-1-23 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
Awaiting conditions from city departments
and then review 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.
Owner/applicant attempting to contact
neighboring property for permission to
access. No change in status for several
months.
NO
2023-031-CUP Root One retail
dispensary
June 1, 2023 INC
June 29, 2023
Comments received from city consultant.
Approval tentatively in late August.
NO
2023-047-LLA Alvarez 11th Street July 11, 2023 INC Initial review of application NO 2023-013-LS
SB-9 Split
Reed Lot Split 3-7-23 Needs final review and conditions from Public Works and then review by County Surveyor.
NO
6th Cycle Housing
Element
Mandatory Update Fall 2022 n/a Draft Housing Element approved by City Council on July 11th and transmitted to HCD
for 90-day review
No$ = unreimbursed planning work
$ = projects where a fixed fee has been paid
8-1-23
Agenda Item No. 6D 2.
Building Inspections Log - July 2023
1 PUBLIC SAFETY DIRECTORS REPORT
August 1, 2023
State / County Wildfire Callout
Friday, July 28, 2023, at 7:30 pm
Chief Cash was notified by Santa Barbara County Fire Command of a request for Wildland Fire Assistance from Riverside County. Fire Captain Fernando Garcia coordinated for Fire Captain Patrick Schmitz and Fire Engineer David Bonifacio to respond to the mutual aid call out for State-wide Wildfire Assistance. Schmitz and Bonifacio responded to the Riverside County area for the BONNY FIRE INCIDENT,
Guadalupe Fire Unit E-681 was deployed as part of a mixed Strike Team with Lompoc Fire, Santa Barbara City Fire, Carpenteria Fire, Montecito Fire, and Ventura City Fire. Without all of these units participating, Santa Barbara County could not send fire assistance, this was a joint response.
The Guadalupe team are all doing well and are on a 24hrs assignment. They just got off the line and are heading back to the Command Post to get rest. The weather conditions are hot and humid. The team was hiking steep terrain and cutting line using hand tools to put out hot spots.
They will be off the line today and begin their next assignment tomorrow morning.
Cares for Paws
Dog and Cat Care Day
87 animals for vaccine
25 spayed and neutered
25 microchips for free
Looking to do a complete free service and education fair. Oceano does it all for free. See how we can do it.
Agenda Item No. 8
2 Code Compliance Activity
7/25/2023
13:49:37
Josue Meraz
(0795)
4844 Chapman
Dr
GMC 18.60.040 (B) RZ - Parking Prohibited in
Front Yard
7/26/2023
13:50:14
Josue Meraz
(0795) 262 Pioneer St
GMC 10.36.010 Abandoned, Wrecked, Junk
Vehicle or Parts
7/29/2023
9:04:03
Josue Meraz
(0795)
4498 Eleventh
St
GMC 8.40.020 Permit-Required for Certain
Activities
7/29/2023
10:00:55
Josue Meraz
(0795) 1155 Olivera St
GMC 8.40.020 Permit-Required for Certain
Activities
7/29/2023
16:19:35
Josue Meraz
(0795)
4836 Chapman
Dr
GMC 18.60.040 (B) RZ - Parking Prohibited in
Front Yard
FIRE CODE COMPLIANCE
Here is the code compliance activity for 07/15/23 to 07/21/23.
Timestamp name Zone Address Violation type Notice Type
7/21/2023
11:19:33 Jacob Nuno Zone Y vacant lot lower pioneer vegetation Written 7/18/2023
16:27:25 Guadalupe Reyes Zone Z 4666 fifth st address painted over Written 7/18/2023
16:26:13 Guadalupe Reyes Zone Z 4668 fifth st address painted over Written 7/18/2023
16:21:31 Guadalupe Reyes Zone Z 489 tognazzinni st address numbers Verbal 7/18/2023
16:08:04 Guadalupe Reyes Zone Z 137 Pacific Dunes way address numbers Verbal 7/18/2023
16:03:31 Guadalupe Reyes Zone Z 156 Pelican Ln address numbers Written 7/18/2023
15:54:00 Guadalupe Reyes Zone Z 4867 Pagaling st litter accumulation Written 7/18/2023
15:47:28 Guadalupe Reyes Zone Z 4821 Pagaling Tree encroachment Verbal 7/18/2023
15:44:38 Guadalupe Reyes Zone Z 4798 pagaling litter and abandon vehicle Written 7/18/2023
15:40:53 Guadalupe Reyes Zone Z 4826 pagaling litter on side of house and front Written 7/18/2023
15:36:21 Guadalupe Reyes Zone Z 4802 sanchez dr address numbers Verbal 7/17/2023
15:41:24 David Bonifacio Zone X 4422 Holly Unlawful property nuisance Written 3 Code Compliance Officer
Our Code Compliance Officer has completed all certification through the California Association of Code Enforcement Officers. He is completely certified as an 832 PC officer, able to issue citations.
FIREWORKS ENFORCEMENT
Seven (7) citations issued for $1,000 violations. Most have paid the fine.
Chief Cash
Agenda Item No. 9
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of August 8, 2023
________________________________
Prepared by:
Todd Bodem, City Administrator
SUBJECT: Tesla EV Charging in Guadalupe – City Guidance RECOMMENDATION:
City staff are seeking City Council direction for the installation of a Tesla Electric Vehicle charging station at the Veterans Memorial Plaza parking lot located at 884 Guadalupe Street or an alternative location.
BACKGROUND:
In early 2023, the City Administrator reported to the City Council that Tesla is interested in investing in future transportation electrification in the city of Guadalupe by developing a Supercharger station, or electric vehicle (EV) fast charging station. Since then, Tesla has conducted a thorough review of numerous city locations, evaluating electrical availability, site design, and property constraints. Tesla has identified the Veterans Memorial Plaza parking lot as a preferred location for installing an EV charging station.
For additional background, Tesla has installed and currently operates over 365 Supercharger station locations across California. EV drivers typically spend roughly 30 minutes charging at a Supercharger station, compared to several hours at a Level 2 EV charging station. Access to EV fast charging stations is essential for drivers on road trips, commercial drivers, and those without access to EV charging at home, such as renters or those in apartments. Ideal supercharger station locations typically provide proximity to key travel corridors, offer neighboring commercial amenities, and match a parking dwell time of under an hour. City-owned lots satisfy these conditions and are thus ideal station locations. As such, Tesla has partnered with numerous cities across California on stations located on city-owned parking facilities.
City staff sees the benefits of the city having a charging site enabling EV travel into and through the city, serving both locals and visitors. The city currently only has two (2) non-Tesla slow EV chargers, one located at the Veterans Memorial Plaza parking lot, the other located at the Senior Center. Expanding EV charging in the city will support existing and future EV drivers. Additionally, when drivers stop to charge, typical driver behavior indicates local spending brings traffic to local businesses. Without a local EV fast charging station in Guadalupe, the city is missing out on attracting EV travel by way of Highway
1. Access to an EV fast charging station also provides visitors with comfort in visiting the dunes or other city destinations. Additionally, an EV fast charging station within the city will support local, current, and
future EV drivers, particularly those without access to EV charging at home. Furthermore, having a charging site will more than likely provide the confidence and incentive for residents to consider switching to EVs, contributing to a sustainable future, and reducing local carbon footprint.
Importantly, a Tesla Supercharger station in Guadalupe will support charging for Tesla and non-Tesla electric vehicles. Ford, General Motors, Rivian, Volvo, Polestar, Nissan, and other automakers announced that they will be adopting Tesla’s North America Charging Standard in their future vehicles. Other car companies and EV charging providers are joining in a larger effort across the auto industry to offer drivers a universal charging port for EVs irrespective of the vehicle manufacturer.
DISCUSSION:
Tesla has completed some due diligence at the following EV charging sites:
1. Veterans Memorial Plaza (City parking Lot).
2. Former Far Western Building Downtown now owned by the Dunes Center (no interest, as Tesla does not want to locate next to a vacant building even if there is a proposed hotel use in the future. Tesla also stated that it is not as centrally located as the Plaza).
3. Pasadera commercial property (not ready, waiting on consolidated infrastructure upgrades) and not currently near commerce activity.
4. Former Al’s Union Parking lot not centrally located (and possibly to be used for housing per the Surplus Land Act or City may prefer other commercial use than a parking lot). Finally, Tesla said it is also too far from the downtown center.
Currently, Tesla has deemed that the above sites other than the Veterans Memorial Plaza are less desirable due to either time constraints, not being shovel ready, or not centrally located to ideal business activity.
According to the Tesla project manager, the Veterans Memorial Plaza parking lot is most desirable.There are several reasons for Tesla’s position. One is that PG&E has determined there is adequate power to the site, and an electric design could be completed in two weeks. Another reason is that the city already has its own public maintenance keeping the lot clean day-to-day. Tesla will need that service to stay in place as they cannot perform that duty.
Veterans Memorial Plaza Events
There are two (2) city events held each year where the city closes the Veterans Memorial Plaza parking lot from parking over the weekends in September for the Fiestas Patrias (September 16, this year will be 15th and 16th) and in December for the Kiwanis Club Christmas Parade. Tesla requires that the charging station always remain open, as they are a 24/7-days a week operation. If the Council wants to continue with these events at this site, then this option may be moot.
Preliminary Uses of Parking Lot/Costs
Of course, all situations and agreements are negotiable, but in Tesla’s standard agreements, the arrangement is that superchargers need to be dedicated for charging and may not be used for parking of other (non-electric) vehicles. These are unmanned operations so superchargers should not be blocked or used for general parking. Parking spots with slow chargers can still be available for general parking at any time.
EV Parking Plan Uses (Attachment 1)
a. Fast chargers – proposing 15.
b. Slow chargers – proposing 12 (non-EV vehicles allowed) c. 1 switch board
d. 4 cabinets
e. 1 megapack subject to Tesla approval.
f. Solar canopy over superchargers.
Note: this proposal will not impact the Vietnam Veterans flagpole nor the Gazebo.
Some Options Available to the Council
1. The Council could direct staff to pursue an agreement with Tesla for use of the Veterans Memorial site for an EV charging station; or
2. The Council could direct staff to pursue other EV charging station locations; or
3. The Council could decide not to pursue EV charging stations in the city at this time.
4. The Council could simply let Tesla pursue EV charging stations on private ventures within the city.
FISCAL IMPACT:
There will be a capital electrification investment for EV charging and action will bring EV drivers to the community who will spend money on the local businesses while their EV’s are charging up. This will also give the city positive branding as a destination city for charging thereby creating an economic multiplier effect. This will have an undetermined positive impact on City because of increased sales tax from the purchase of goods while EV drivers are charging. Tesla and the City could negotiate a rental agreement.
ATTACHMENTS:
1. Tesla Site Drawing
ATTACHMENT 1
Agenda Item No. 10
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of August 8, 2023
_______________________________ _______________________________ Prepared by: Approved by:
Philip F. Sinco, City Attorney Todd Bodem, City Administrator SUBJECT: Second Amendment to the Joint Powers Agreement Creating the Central Coast Water Authority for Actions Related to Groundwater Storage
RECOMMENDATION:
That the City Council authorize the Mayor to execute a Second Amendment to the Joint Powers Agreement creating the Central Coast Water Authority, relating to contracts or other actions taken regarding the storage and use of water in a groundwater bank, reservoir, or any other system or facilities for the storage of water.
BACKGROUND:
The City of Guadalupe receives imported water from the State Water Project (SWP) through the Central Coast Water Authority (CCWA). The CCWA was formed under a Joint Exercise of Powers Agreement (JPA) in 1991 to finance, construct, manage, and operate regional treatment and conveyance facilities that deliver State water to its Member Agencies. CCWA is presently composed of eight Member Agencies, including the City, all of which are public agencies. CCWA owns and operates a water treatment plant and pipeline that delivers water from the SWP to project participants in Santa Barbara and San Luis Obispo Counties.
In January 2022, CCWA completed a Water Management Strategies Study with the goal of optimizing Member Agencies’ SWP water supply, in recognition that the SWP is unpredictable in its reliability and that several Member Agencies require water in dry years when SWP water is often limited but have excess water available in wet years that isn’t utilized. One of the recommendations from the Water Management Strategies Study was for CCWA to explore water storage opportunities on behalf of the Member Agencies. Such opportunities would allow the Member Agencies to store their excess SWP water in wet years and then access the water for water supply purposes when needed in dry years, increasing the reliability of the SWP supply.
The JPA under which CCWA was formed lists various powers that CCWA is authorized to exercise. The proposed Amendment to the JPA would make clear that CCWA has the authority to enter into contracts or take any other action to store water in groundwater banks, reservoirs, or any other above- or belowground infrastructure or facilities used for the short- or long-term storage of water. Any amendment to the JPA requires the approval of each of the eight CCWA Members.
Philip F. Sinco
DISCUSSION:
Moving forward, CCWA is likely to be increasingly involved in facilitating water management strategies to assist CCWA participants in increasing the reliability of their State Water Project (SWP) supply. These water management strategies may involve CCWA’s participation in a range of water storage activities, including some form of participation in a groundwater bank, leasing or owning interests in above- or below-ground storage facilities, and moving both SWP and non- SWP water in and out of storage facilities that are not wholly owned by CCWA.
The proposed amendment to the Joint Exercise of Powers Agreement would make clear that CCWA has the authority to enter into contracts or take any other action to store water in groundwater banks, reservoirs, or any other above- or below-ground infrastructure or facilities used for the short- or longterm storage of water.
The primary benefit of the proposed amendment to the JPA is improving of the reliability of the State Water (and non-State water) supply as a result of storing excess water during “wet” years to use during “dry” years. However, there are additional benefits for the proposed amendment as well. For example, the proposed amendment may help facilitate negotiations and contracting with third parties, such as when third parties require a warranty from CCWA that it has the power to engage in the transaction.
Staff believes there is no “downside” to the proposed amendment, and therefore, recommends that the City Council approve it.
ENVIRONMENTAL REVIEW:
The proposed amendment to the JPA is not a project under CEQA, pursuant to the definition of a “project” set forth in CEQA Guidelines § 15378(b)(5), which excludes “[o]rganizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.” The “common-sense” categorical exemption also applies. (See CEQA Guidelines § 15061(b)(3)).
The Second Amendment would expand CCWA’s ability to engage in groundwater banking or other water storage activities in the future, but it would not commit CCWA to any particular contractual arrangement or project. Accordingly, the Second Amendment would not lead to any direct or indirect change in the physical environment. Accordingly, it falls within both the administrative activity carveout from the definition of “project” under CEQA and the “common-sense” exemption.
FISCAL IMPACT:
None.
ATTACHMENTS:
1. Resolution No. 2023-68 entitled “A Resolution of the City Council of the City of Guadalupe Approving the Second Amendment to the Joint Powers Agreement Creating the Central Coast Water Authority Related to Groundwater Storage.”
RESOLUTION NO. 2023-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE
APPROVING THE SECOND AMENDMENT TO THE JOINT POWERS AGREEMENT CREATING THE
CENTRAL COAST WATER AUTHORITY RELATED TO GROUNDWATER STORAGE WHEREAS, in 1991, the City of Guadalupe and seven other public agencies (collectively, the “Parties”) formed the Central Coast Water Authority (“Authority”) by that certain Joint Exercise of Powers Agreement dated August 1, 1991 (“Agreement”); and
WHEREAS, effective December 12, 2017, the Parties entered into a First Amendment of the Agreement; and
WHEREAS, the Parties desire to further amend the Agreement by adding subsection (q) to Section 5 of the Agreement, authorizing the Authority to enter into contracts or take any other action necessary or convenient for the storage and use of water in a groundwater bank, reservoir, or any other system or facilities for the storage of water.
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 and are incorporated herein as though set forth in full.
SECTION 2: The Second Amendment to the Agreement, attached hereto as Exhibit A, is hereby approved.
SECTION 3: The Mayor is hereby authorized to execute the amendment on behalf of the City.
SECTION 4: The City Council finds and determines that approval of the Second Amendment to the Agreement is exempt from the California Environment Quality Act (CEQA) because it is not a “project” under CEQA Guidelines § 15378(b)(5) and the “common-sense” categorical exemption at CEQA Guidelines § 15061(b)(3) applies. None of the exceptions to the exemption are applicable. The basis for the exemption determination is more fully described in the Notice of Exemption attached hereto as Exhibit B.
PASSED, APPROVED AND ADOPTED at a regular meeting on the 8th day of August 2023, by the following vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTACHMENT 1
I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2023-68 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held August 8, 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
25428739.1
SECOND AMENDMENT
to the
JOINT EXERCISE OF POWERS AGREEMENT
Creating the
CENTRAL COAST WATER AUTHORITY
This Second Amendment (the “Amendment”) to the Joint Exercise of Powers Agreement Creating the Central Coast Water Authority (the “Authority”), dated August 31, 1991 and as amended December 12, 2017 (the “Joint Exercise of Powers Agreement”), is made effective ______________, 2023 by and between the parties on the attached Exhibit A (each, a “Party” and collectively, the “Parties”). Unless otherwise provided herein, all defined terms used in this Amendment shall have the same meaning as set forth in the Joint Exercise of Powers Agreement.
RECITALS
A. The Parties to this Amendment are all signatories to the Joint Exercise of Power Agreement or successors in interest. Carpinteria Valley Water District is the successor in interest to the Carpinteria County Water District.
B. The Parties desire to amend the Joint Exercise of Powers Agreement to expressly authorize the Authority to enter into contracts and take other actions to store water in groundwater banks, reservoirs, or any other above- or below-ground infrastructure or facilities used for the short- or long-term storage of water.
AGREEMENT
1. Section 5 of the Joint Exercise of Powers Agreement is amended to include a new subsection “q” as follows:
q. To enter into contracts or take any other action necessary or convenient for the storage and use of water in a groundwater bank, reservoir, or any other system or facilities for the storage of water.
2. Except as modified above, the Joint Exercise of Powers Agreement shall continue in full force and effect. In the event of a conflict between this Amendment and the Joint Exercise of Powers Agreement, the terms and conditions of this Amendment shall control in all respects.
3. The individuals executing this Amendment represent and warrant that they have the authority to enter into this Amendment and to perform all acts required by this Amendment, and that the consent, approval, or execution of or by any third party is not required to legally bind either Party to the terms and conditions of this Amendment.
IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed as of the day and year first above-written.
EXHIBIT A
25428739.1
DATE: _______________________________
CITY OF BUELLTON
By:_________________________________
Mayor
ATTEST:
_____________________________________
City Clerk
APPROVED AS TO FORM:
By:__________________________________
DATE: _______________________________
CARPINTERIA VALLEY WATER
DISTRICT
By:
_________________________________
President
ATTEST:
_____________________________________
Secretary
APPROVED AS TO FORM:
_____________________________________
DATE: _______________________________
CITY OF GUADALUPE
By:
_________________________________
Mayor
ATTEST:
______________________________________
City Clerk
APPROVED AS TO FORM:
_____________________________________
25428739.1
DATE: _______________________________
GOLETA WATER DISTRICT
By:_________________________________
President
ATTEST:
_____________________________________
Secretary
APPROVED AS TO FORM:
_____________________________________
DATE: _______________________________
MONTECITO WATER DISTRICT
By:_________________________________
President
ATTEST:
_____________________________________
Secretary
APPROVED AS TO FORM:
_____________________________________
DATE: _______________________________
CITY OF SANTA BARBARA
By:_________________________________
Mayor
ATTEST:
_____________________________________
City Clerk
APPROVED AS TO FORM:
25428739.1
_____________________________________
DATE: _______________________________
CITY OF SANTA MARIA
By:_________________________________
Mayor
ATTEST:
_____________________________________
City Clerk
APPROVED AS TO FORM:
_____________________________________
DATE: _______________________________
SANTA YNEZ RIVER WATER
CONSERVATION DISTRICT,
IMPROVEMENT DISTRICT #1
By:_________________________________
President
ATTEST:
_____________________________________
Secretary
APPROVED AS TO FORM:
_____________________________________
25428739.1
Page
5 of 5
Notice of Exemption
To: Office of Planning and Research From: The City of Guadalupe P.O. Box 3044, Room 212 918 Obispo St.
Sacramento, CA 95812-3044 Guadalupe, CA 93434
County Clerk of the Board County of Santa Barbara
105 E. Anapamu St.
Santa Barbara, CA 93101
Department of Water Resources
P.O. Box 942836
Sacramento, CA 94236
Project Title: Approval of Second Amendment to the Joint Exercise of Powers Agreement Creating the Central Coast Water Authority (CCWA)
Project Location: CCWA is a joint powers agency formed to construct, own, and operate certain facilities needed to treat, convey, and deliver State Water Project (SWP) water to its member agencies, which include the cities of Buellton, Guadalupe, Santa Barbara, and Santa Maria, the Carpinteria Valley Water District, as successor in interest to the Carpinteria County Water District, the Goleta Water District, Montecito Water District, and the Santa Ynez River Water Conservation District, Improvement District No. 1 (individually, a Member, and collectively, the Members), all of which are located in Santa Barbara County. CCWA’s service area is coextensive with the service area boundaries of its Members, and accordingly the Project is located entirely within Santa Barbara County.
Description of Nature, Purpose and Beneficiaries of Project: On August 1, 1991, the Joint Exercise of Powers Agreement (“Agreement”) creating the CCWA was entered into by its member agencies. Pursuant to Government Code section 6509, the Agreement broadly permits the Authority “to exercise any powers in the manner and according to the laws applicable to Buellton Community Services District.” On December 12, 2017, the Members adopted a First Amendment to the Agreement. This Second Amendment would add a subsection (q) to Section 5 of the Agreement to expressly authorize CCWA to enter into contracts or take any other action necessary or convenient for the storage and use of water in a groundwater bank, reservoir, or any other system or facilities for the storage of water.
Name of Public Agencies Approving Project: The City of Guadalupe Name of Persons or Agencies Carrying Out Project: The City of Guadalupe Exempt Status: Title 14, CCR, Chapter 3, Article 5, Section 15061(b)(3) [“common sense” exemption] and 15378(b)(5) [“Project” excludes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.]
EXHIBIT B
Reasons Why Project is Exempt: The Second Amendment would authorize CCWA to engage in groundwater banking and other water storage activities, but it would not commit CCWA to any particular contract, agreement, or project. Accordingly, the Second Amendment would not lead to any direct or indirect change in the physical environment and therefore falls within the “common-sense” exemption. The Second Amendment also falls squarely within the carveout from the definition of “project” for organizational and administrative activities.
Agency Contact:
Signature: _____________________
Title:
Telephone:
Date: _________________
Date received by OPR ___________