MINUTES
City of Guadalupe
Regular Meeting of the Guadalupe City Council
Tuesday, September 26, 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. Council Members Costa, Jr. and Lizalde were absent. (Note: The abbreviation, "CM", for "Council Member" will be used in these minutes.)
2. PLEDGE OF ALLEGIANCE
MOMENT OF THANKS, APPRECIATION OR CONDOLENCES.
Mr. George Alvarez mentioned that Earlene (Joice) Raguz suffered a stroke and is recovering at Marian Hospital. Mayor Julian said that Ms. Raguz was the prior City Clerk, and that Council wishes her a speedy recovery.
CM Robles said that Vivian Moreno Malicem recently passed away. Her parents were Jesse and Donna Moreno. Vivian was their eldest daughter.
4. AGENDA REVIEW
There were no changes made to the agenda.
5. CEREMONIAL CALENDAR
a. Proclamation - Suicide Prevention Month September 2023 Mayor Julian read the proclamation which in part said: "... this proclamation recognizes suicide as a national and statewide public mental problem, and suicide prevention as a national and statewide responsibility... This month overlaps World Suicide Prevention Day, September 10th, recognized internationally and supported by the World Health Organization...[year] 2022 shows a record high of 49,369 suicide deaths...suicide deaths are increasing fastest among people of color, younger individuals and people who live in rural areas...theme for [the month] is "Connect, Communicate, Care", highlighting the importance of human connections and the role they play in saving lives...the September 26, 2023 City of Guadalupe Council Meeting Minutes Page 1 of 10 collective community can create a supportive environment that prioritizes mental health and well- being and provides space for open conversations...and the promotion of healing from trauma and despair."
Mayor Julian said, "Thank you Christina (Hernandez) for bringing this to us. It's an important topic.
There are a couple of families, family members that I'm aware of, that committed suicide. It's really...you don't think that there's a problem with them emotionally. Then you're surprised when this does happen. So, if you see anyone who is in distress, take a minute to see how they're doing."
6. COMMUNITY PARTICIPATION FORUM
Mr. George Alvarez: Along with what you're talking about suicide, there was a presentation about two (2) weeks ago at the County...one thing we lack in the City, and we need very bad, is communication with the Mental Health Department, dealing with homeless people who are kind of losing it and are dangerous.
As I'm standing here talking to you... we have to call the Mental Health Department. They zoom with the Police Officer, and they do an assessment over the phone. They screw up a lot of the times, and they let that particular person back into the community, which can be very dangerous, and they can hurt themselves. Why don't we, through the works of the City and with our Chief, get the County to give the Police the opportunity to make that judgment call. So, if they find someone who needs a 72-hour hold, we should have that decision here, not through a zoom situation. So, I'm hoping you, as a committee and with our Chief, you can help facilitate this need that is deeply needed. When the police report comes in, which I'll be a part of...you'll find how much we badly need it. It's gonna shock you guys. Thank you.
Mr. Albert Nunez, Jr.: A new display has been put up here at City Hall recognizing Hispanic Heritage Month. I put it up last week and will stay up until October 16th. Then on October 16th for one (1) month, a display for Filipino Month will be up. For the first time for these displays, I'm taking submissions. Before I did it on people that I knew to just get going. So, If anyone is interested in being included as part of having their story told for Filipino Heritage Month, they can email me at [email protected] I'll contact them and get it going." Mayor Julian thanked him for doing all of this.
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.
Approve payment of warrants for the period ending September 18, 2023.
September 26, 2023 City of Guadalupe Council Meeting Minutes Page 2 of 10 C. Approve the Minutes of the City Council regular meeting of September 12, 2023.
D. Adopt second reading of Ordinance No. 2023-511 establishing an expedited permitting process for electric vehicle charging stations.
E. Adopt Resolution No. 2023-78 approving the 2023 Guadalupe Transit Title VI Non- Discrimination Policy update.
F. Adopt Resolution No. 2023-79 approving Amendment No. 2 to the agreement with Andrew Goodwin Designs to complete additional work required by the federal Economic Development Administration (EDA) due to changes in the California Building Code.
G. MONTHLY REPORTS FROM DEPARTMENT HEADS
1. Public Safety Department:
a. Police Department report for August 2023
b. Fire Department report for August 2023
c. Code Compliance report for August 2023
2. Human Resources report for August 2023
3. Recreation and Parks report for August 2023
Mayor Julian pulled Item #7.G.
Motion was made by Council Member Robles and seconded by Council Member Hernandez to approve the balance of the Consent Calendar. 3-0 Absent: Costa, Jr. and Lizalde. Motion passed.
Request to Speak
Mr. George Alvarez: Re: Item #7.G.1.a. - "Two Fridays ago, at 9:30 a.m., a young man was on a bike near the Roy's Liquor store on the side. I was standing there and noticed a little strange behavior.
He tipped over, fell down and went into a seizure. Police were called as well as an ambulance. He was twitching, turned over and then passed out. The guy had a 40mm in his pants. I took the gun and waited for the police to respond, which they did quickly, as did the Fire Department and the ambulance. During the course, our Chief doing standard procedure making sure the victim was coherent.... while he was talking to the victim, I told the police officer that I had the gun. The police officer picked it up, took out the magazine, unlocked it. Live rounds, loaded and ready to go.
Question here: What is a guy doing at 9:30 in the morning with a piece in Guadalupe? I don't know what his motives were or not. That'll be up to the DA down the road once an investigation is done.
They handled the situation fantastically, as far I could see as a citizen watching the whole thing. The thing here is we don't have capacity...again, this was a good example of having the County mental health group or the Chief...just 72 hours to find out 'what's ticking' with this guy. You don't walk downtown in the morning with a fully loaded weapon. We dodged a bullet as a community. I didn't know the intent, and I wasn't going to wait around for the guy to wake up to see if he was going to use the gun. I took it out of his pocket. These things are scary. I've lived here all my life. Never has September 26, 2023 City of Guadalupe Council Meeting Minutes Page 3 of 10 anyone carried a piece like that in town. I want to thank both the Police Department and Fire Department for handling the situation professionally."
Re: Item #7.G. - Mayor Julian asked if Chief Cash wanted to speak on this matter. Chief Cash said, "As Mr. Alvarez stated, we got the call about a person with a gun in the street. We got there and seized the weapon. The paramedics checked him over and found no medical emergency for them to take him. So, the other issue then is we're going to take him. I did handcuff the gentleman. They're a new family having only been in town for two (2) years. We've never seen the young man before driving. We know where he lives. His father came out. We do believe he has limited mental capacity.
We took him to the station and tried to find a facility for him. We were unsuccessful, but we did work out a situation with the father and him. I said I was not going to allow him back on the streets.
So, the family voluntarily turned the weapon over to us for destruction, and he received a citation.
But we're doing follow-ups with the father. He seems very cooperative, but that was a shocker.
It was unfortunate. Our system here, I found out in Santa Barbara County, we're the only one where we have a unit that does an evaluation. Where I came from before, the evaluation was left in the hands of the police officer to make the determination if the person could get a 72-hour hold. And the person would be put some place where we could do further checks...stolen weapon, what's the person's history and try to put a plan together. It's a little frustrating. I'll be talking with other Chiefs in the County to see if there's anything we can do. But it's been a standing practice here in the County for some time. I don't know the history of it...'m still learning why we do that here. It's a little frustrating, but we do appreciate the help we got here, and that our citizens will call in to us." Mayor Julian asked if the gun was permitted. Chief Cash said, "Yes, he had just bought it not too long ago. His statement was that 'this was a $700 lesson'." The mayor then asked how old the young man was. Chief said that he was 25 years old...29 driving around on a bicycle.
Chief Cash was then asked if there were any medical issues. Chief Cash said, "Nothing that the paramedics could take him for. So, no one there could make a mental evaluation. It was more physical, and they could not determine. Plus, too, he'd have to go voluntarily...since he was awake and coherent, he'd have to voluntarily go with paramedics. So, we talked to him and said that if you're not going with the paramedics, we're not going to let you go. So, he came with us." Mayor Julian thanked the Chief for the update and Mr. Alvarez for bringing this to our attention.
On a separate matter, CM Hernandez said, "I was contacted by 'Fighting Back Santa Maria'. They wanted a tobacco enforcement update, and I didn't have for them. So, if you can email an update to me, I would appreciate that." Chief Cash said, "I can give a quick update now. With the Mayor's help, we were an "F", but now we're an "A". Everyone's in compliance. We do things differently here than throughout the County. The way we do it here...we only have eight (8) establishments.
The way we work it now, with the Code Enforcement Officer, they have to come into my office to get their permit. We do periodic checks throughout the year. I know them all on a first-name basis, so we work very well. There is no product that they're in violation. There was only one (1) that took a while, two (2) months past the due date. That was Chevron Corporation. They had to mail it back, but everyone else was on board, had their permits, and let us do the inspections. We do them throughout the year. We have that kind of relationship where we can just drop in, so, we're really good. We're 100% in compliance. As for the County group, I forgot their name now, Guadalupe is September 26, 2023 City of Guadalupe Council Meeting Minutes Page 4 of 10 their 'poster child' on how to do this. It's something we're very proud of." The mayor said the County group was probably the American Lung Association, and he thanked Chief Cash for the update.
Motion was made by Council Member Hernandez and seconded by Council Member Robles to approve Item #7.G. 3-0 Absent: Costa, Jr. and Lizalde. Motion passed.
8. CITY ADMINISTRATOR REPORT: (Information Only)
Mr. Bodem turned things over to Dwayne Chisem, Interim Public Works Director, to give a status report on public works projects. Mr. Chisem said, "I'm working on a report to put in the council packet. There are three (3) major projects we have been working on State Hwy 1 & Hwy 166:
ADA: work on concrete curbs, gutters, sidewalks, etc. on Guadalupe Street to the bridge and Hwy 166. That project is in design with a planned design completion date of 2024 with construction to start in 2025. There are a couple of issues. One is the decorative lighting. The current plan was to remove the decorative lighting, paint it and then put back in. We're looking at other alternatives to that decorative lighting. One of the problems we're running into is that when that lighting was put in, it was put in under a direct burial. So, it doesn't have the same concrete foundation as others, so you can't just take the old pole off and put a new pole on. We have to look into that to see what we can and can't do. We'll have a meeting to review plans for various landscaping and street-type amenities that will be a part of that. I'll let Todd know when that meeting is scheduled.
Bridge Replacement - Santa Maria River: This project is also in design 2024 to build in 2025. / recently met with Caltrans in the field on this project as well as on the ADA project.
As you know, we have the Hwy 166 and Hwy 1 Intersection and the railroad crossing and all that.
That's to come later as the third project in the mix.
One thing to note is we also have a Hwy 1 lift station improvement and also the Pioneer Street lift station improvement. That needs to be constructed prior to the ADA coming in, so we get all of our infrastructure in before we do that street.
Probably the highest priority project we have is with the wastewater treatment plant. Our plant is currently non-compliant with our waste discharge permit. As such, we need to make some improvements in the very short term. I've established a short/medium/long-term plan in order to address that. The short-term plan includes some improvements on the spray fields and the flood irrigation area we have. We need to rebuild the berm on the northside of Pond C. We need to install a control valve...a vault for the control valves to monitor the float to the various ponds. We need to install two (2) additional flow meters. And we need to repair and clean out the Biolac system which isn't working well. We need to provide for wet weather come this winter... where will we put all of our wastewater as most of our ponds are fairly full. We have a lot to do in the next few months at the wastewater treatment plant.
September 26, 2023 City of Guadalupe Council Meeting Minutes Page 5 of 10 We also worked with FEMA on some funding mechanisms for our spray fields, also for the berm and the Le Roy parking lot improvements. We've completed the estimates and sent those into FEMA so they can move forward with their continued work on funding those improvements. Also, I have a meeting with the Regional Water Quality Control Board for some future funding areas for the short- term.
The medium-term plan would be to maintain our compliance with our existing permit and to design a new wastewater treatment system, because the Regional Water Quality Control Board has issued a new general permit, which everybody in the coastal region has received. That's going to require much greater treatment...and capacity. Our current plant most likely won't be able to meet those requirements. We'd need to look at a long-term funding program. We have a fairly short timeframe when you're talking about building a new plant in just a couple of years. Before, we have to come up with a plan to get our funding together and all of that. So, we have quite a few things to tackle regarding our wastewater treatment plant.
Other Capital Projects:
-Electric Bus Charging Station on Obispo Street. I'm meeting with our design engineer. -Central Park Program: currently, plans under review. I'll need legal help regarding removal of cell towers off of the water tank.
-SBCAG: I'm working with them on SB25-new funding program that's bringing in $54M into Santa Barbara County. Guadalupe is requesting a little over $5M in capital program facilities to help with our additional electric buses and completing our electric bus charging stations and trying to get that second and third phase funding there.
-Pasadera Project is ready for acceptance and will be coming your way soon. - We have a standard agreement with Caltrans for another additional $1.5M in funding for buses and various transportation facilities.
Mayor Julian asked, "Is there any talk about removing the bulb-outs on Hwy 1?" Mr. Chisem said, "Yes, we're reviewing now. They were put in as a traffic measure. We have an opportunity now to decide if that was a good or bad idea and get it to where you'd like it to be." The mayor asked about the decorative lights mentioned. Mr. Chisem said, "Those are the green street lights." The mayor then said, "This Thursday, SBCAG hopes to get monies approved to fix Hwy 166, Hwy 1 and signalization. You mentioned year 2025, and that's about the same time this will be coming in once it's approved." Mr. Chisem said, "There's a lot of work to happen in Guadalupe. There'll be a lot of disruption, but it'l be real nice when it's all done." September 26, 2023 City of Guadalupe Council Meeting Minutes Page 6 of 10 CM Robles asked for an update on Le Roy Park, specifically the second phase to be presented at the next council meeting. He also asked, "When will we see construction on Central Park?" Mr. Chisem said, "It'll go to bid in 2024."
9. DIRECTOR OF PUBLIC SAFETY REPORT: (Information Only) -There was the One805 Fundraiser in Santa Barbara. That went very well, and our city was represented. We're looking to submit additional grants for equipment for public safety. -I attended a zoom call today with the County. The State has $115M for block grants for disaster recovery for unmet needs due to the disaster that came about this year. Guadalupe's name came up, so we'll be working more on getting some of those block grants that will help us. -Emergency Response Plan: CM Hernandez has asked about the status. There are about 120 pages that we're reviewing now and cleaning up.
-Impact Fee Study: That was completed. We had a zoom call with Captain Patrick Schmitz to talk to the company that helped put it together. There are a couple of minor changes, but the direction will be to have a workshop with the developers ahead of time, so they can raise any concerns, rather than voicing them loudly here with the City Council. We can take care of those issues then, so we can put something together to bring back to the City Council. That will be another funding source for public safety that will be put on the developers rather than our residents. I'm excited about that.
10. FUTURE AGENDA ITEMS
Todd Bodem: Delete "Tesla EV charging station in Guadalupe", which was under the "Other Unscheduled Items". Tesla is looking for private property.
Hannah Sanchez: Delete "Facility Use Agreement with Allan Hancock College", which was under the "Other Unscheduled Items". I will work through the City Administrator on developing agreement.
Hancock will be paying all necessary fees. CM Hernandez asked if this agreement will be like an MOU? Ms. Sanchez said, "Yes, it would be like an MOU."
Todd Bodem: Add: Proposition 1-Integrated Regional Water Management Implementation Grant Subgrant Agreement for October 10th meeting. (Consent Calendar) Human Resources: Add: Staff report for POA MOU approval for October 10th meeting) (Regular Business
11. ANNOUNCEMENTS - COUNCIL ACTIVITY/COMMITTEE REPORTS
Hannah Sanchez: at every meeting, reminders for Recreation & Parks and meetings will be given:
-Yard Sale: Veterans Hall parking lot, October 14th, 11:00 a.m.-4:00 p.m. (Vietnam Vets of America) September 26, 2023 City of Guadalupe Council Meeting Minutes Page 7 of 10 -Poetry Jam: Veterans Hall, October 13"h, 6:30 p.m.-9:00 p.m. (Family Service Agency, The Little House by the Park & Community Changers)
-Pumpkin Painting: City Auditorium, October 25th at 1:15 p.m. (Recreation & Parks) -Movie Night: "Hocus Pocus" and "The Addams Family"; Le Roy Park (backside) October 20th at 8:15 p.m. (Recreation & Parks)
- "Dia de Los Muertos": Veterans Hall, a 2-day affair, beginning November 1st and 2nd. Pictures can be brought.
There will be a walk from the Veterans Hall to the cemetery. (Recreation & Parks) - "Trunk or Treat Roller Derby": McKenzie Middle School, October 31st. Skates can be rented for $5.00.
- "Ten Commandments" - 100th Anniversary, Saturday, October 8'h, Le Roy Park at 10:00 a.m.
Also, October 8th, tour beach, $40/ticket.
CM Hernandez:
-Family Service Agency: 50-Year Celebration, October 15t, 1:00 p.m. to 4:00 p.m. - "Open Streets": October 8'h, Santa Maria
-Toy Drive: October 14th, Jack O'Connell Park, 11:00 a.m. to 4:00 p.m. (Touch of Style Car Club) Mayor Julian:
-Guadalupe Clean Air Fair, Sunday, 9/24: A survey of where residents would like monitors to test pesticides in and around Guadalupe. Pull samples where pesticides are. Update on air quality monitoring systems at Le Roy Park, Mary Buren Elementary School, Mckenzie Middle School and Jack O'Connell Park.
-COVID II & III Meal Program: Meeting was held with Area Agency on Aging (AAA) at the Guadalupe Senior Center to discuss the transition from Los Amigos de Guadalupe to the combined effort of AAA and the City Covid II/III CDBG grants. In partnering with AAA, we will continue the meal program for seniors. The meals will not be cooked at the Senior Center. There is a program in San Luis Obispo where meals will be picked up by staff and distributed to Santa Maria, Orcutt and Guadalupe. The meals are prepared each day.
A 4-hour staff member, Trini Escalante, will oversee the operations in Guadalupe. Eligible participants, age 60+, must sign up the day before lunch is available. Volunteers are needed for home deliveries. Effective start date for AAA to provide meals is Monday, October 2, 2023.
September 26, 2023 City of Guadalupe Council Meeting Minutes Page 8 of 10 -SCAG Meeting of September 28, 2023-Items scheduled for approval by Directors:
Hwy 166/Black Road Traffic Signal Program - $2,564,010
Hwy 166 improvements in City of Guadalupe
$4.45M in City - Measure A funding
Significant other funding from Measure A resources plus Caltrans funds Pasadera/DJ Farms to contribute: Project total - $31,000,000. -Emergency River Debris Clearing by County-$8,000,000: This is scheduled to be completed by November, from Hwy 1 to bridge to ocean. Clearing crew is operating 24 hours, 6 days a week.
Current flow line is buried 4 feet. Guadalupe doesn't have funds. Crew is working hard, digging up and clearing area.
CM Robles: The September 16'h parade and festivities were great. I wasn't there for the festivities that were on Saturday at Le Roy Park, but / was there for the parade on Sunday. My observation was that this was one of the biggest parades we've had here. There was a large number of people who came out. And after the parade, people walked down to Le Roy Park for food, music and activities. (Comments were made about Chief Cash riding a horse leading the parade.)
12. ADJOURNMENT TO CLOSED SESSION
Items to be discussed in closed session are: 1) "Public Employment/Director of Public Safety"; 2) "Public Employee Performance Evaluation/City Attorney", and 3) Conference with Labor Negotiators".
Motion was made by Council Member Hernandez and seconded by Council Member Robles to adjourn to closed session. 3-0 Absent: Costa, Jr. and Lizalde. Motion passed. Meeting adjourned to closed session at 6:51 p.m.
13. CLOSED SESSION AGENDA
Public Employment
(Pursuant to Government Code Section 54957(b))
Title: Director of Public Safety
Public Employee Performance Evaluation
(Subdivision (b) of Gov. Code Section 54957)
Title: City Attorney
Conference with Labor Negotiators
(Subdivision (a) of Gov. Code Section 54957.6)
Agency designated representatives: City Administrator and Human Resources Manager September 26, 2023 City of Guadalupe Council Meeting Minutes Page 9 of 10 Employee organizations: Service Employees International Union (SEIU), Local 620; Guadalupe Police Officers Association (POA); International Association of Fire Fighters (IAFF), Local 4403.
Public Employment
(Pursuant to Government Code Section 54957)
Title: Council Consideration of Medical Leave for Public Employee Pursuant to SEIU MOU Article
16.1 Medical Leave.
14. ADJOURNMENT TO OPEN SESSION MEETING
Motion was made by Council Member Hernandez and seconded by Council Member Robles to adjourn to open session. Meeting adjourned to open session at 8:10 p.m.
15. CLOSED SESSION ANNOUNCEMENTS
There was "no reportable action".
16. ADJOURNMENT
Motion was made by Council Member Hernandez and seconded by Council Member Robles to adjourn meeting. 3-0 Absent: Costa, Jr. and Lizalde. Motion passed. Meeting adjourned at 8:11 p.m.
Prepared by: Approved by:
Gaelia
Amelia M. Villegas, City Clerk Ariston Julian, Mayor
September 26, 2023 City of Guadalupe Council Meeting Minutes Page 10 of 10