Cities Index.
Agenda packet

Guadalupe City Council
October 10, 2023

Document
Agenda packet
Meeting
October 10, 2023
Body
Guadalupe City Council
Pages
55
Original file
7.7 MB
Text extracted from the city's file for reading and search. Open the original on cityofguadalupe.org. That file is the official record.

EXHIBIT B
BUDGET
PROPOSITION 1 ROUND 2 SANTA BARBARA COUNTY IRWM IMPLEMENTATION GRANT

AGREEMENT BUDGET SUMMARY
PROJECTS Grant
Amount
Required
Cost Share:

Non-State
Fund Source
Other
Cost
Share
Total Cost Required Cost
Share %
Grant Administration $0 $78,968 $0 $78,968 N/A
1 Project 1: Leak Detection and
Repair
$449,993 $0 $45,481 $495,474 0%
2 Project 2: Pioneer Lift Station
Rehabilitation
$989,665 $0 $148,808 $1,138,473 0%
3 Project 3: Carpinteria Advanced
Purification
$1,150,610 $3,018,072 $443,610 $4,612,292 50%
4 Project 4: Lake Cachuma
Emergency Pumping FacilitySecured Pipeline Project
$1,000,000 $1,826,148 $2,250,000 $5,076,148 50%
GRAND
TOTAL
$3,590,268 $4,923,188 $2,887,899 $11,401,355
Grant Administration
Implementing Agency: Santa Barbara County Water Agency
BUDGET CATEGORY Grant Amount
Required
Cost Share:

Non-State
Fund Source*
Other Cost Share Total Cost
(a) Project Administration
$0 $78,968 $0 $78,968
TOTAL COSTS $0 $78,968 $0 $78,968
NOTES:
*Cost Share funds include consultant fees and in-kind match from Santa Barbara County Water Agency. Staff time and consultant costs are included in the annual budget for the Water Resources Division of the Public Works Department.

Grant Agreement No. 4600014975

Page 26 of 55 ends

PROJECT 1: Leak Detection and Repair Project
Implementing Agency: City of Lompoc
BUDGET CATEGORY Grant Amount
Required
Cost Share:

Non-State
Fund Source*
Other Cost
Share**
Total Cost
(a) Project Administration
$40,493 $0 $4,490 $44,983
(b) Land Purchase / Easement
$0 $0 $0 $0
(c) Planning / Design / Engineering /
Environmental Documentation
$0 $0 $999 $999
(d) Construction / Implementation $409,500 $0 $39,992 $449,492 TOTAL COSTS $449,993 $0 $45,481 $495,474
*Project received 100% cost share waiver
** The City’s sole cost-share fund source for this project will be provided by water retrofit in-lieu fee revenues currently used to administer the city’s water conservation program.

PROJECT 2: Pioneer Lift Station Rehabilitation
Implementing Agency: City of Guadalupe
BUDGET CATEGORY Grant Amount
Required
Cost Share:

Non-State
Fund Source*
Other Cost
Share**
Total Cost
(a) Project Administration $0 $0 $63,701 $63,701
(b) Land Purchase / Easement $0 $0 $0 $0
(c) Planning / Design / Engineering /
Environmental Documentation $2,192 $0 $0 $2,192
(d) Construction / Implementation $987,473 $0 $85,107 $1,072,580 TOTAL COSTS $989,665 $0 $148,808 $1,138,473
*Project received 100% cost share waiver
**The City of Guadalupe will provide $148,808 for the project.

Grant Agreement No. 4600014975

Page 27 of 55 ends

PROJECT 3: Carpinteria Advanced Purification Project
Implementing Agency: Carpinteria Valley Water District
BUDGET CATEGORY Grant Amount
Required
Cost Share:

Non-State
Fund Source*
Other Cost
Share**
Total Cost
(a) Project Administration $0 $6,240 $0 $6,240
(b) Land Purchase / Easement $0 $0 $0 $0
(c) Planning / Design / Engineering /
Environmental Documentation $650,000 $1,587,980 $443,610 $ 2,681,590 (d) Construction / Implementation $500,610 $1,423,852 $0 $1,924,462 TOTAL COSTS $1,150,610 $3,018,072 $443,610 $4,612,292
*Cost share includes funds received from the U.S. Bureau of Reclamation Title XVI WIIN Water Reclamation and Reuse Program Funding and the Clean Water State Revolving Fund loan, which is paid for by Carpinteria Valley Water District water revenues.
**Other Cost Share includes the Clean Water State Revolving Fund loan, which is paid for by Carpinteria Valley Water District water revenues.

PROJECT 4: Lake Cachuma Emergency Pumping Facility and Secured Pipeline Project Implementing Agency: Cachuma Operation and Maintenance Board (COMB) BUDGET CATEGORY Grant Amount
Required
Cost Share:

Non-State
Fund Source*
Other Cost
Share**
Total Cost
(a) Project Administration $0 $7,520 $0 $7,520
(b) Land Purchase / Easement $0 $0 $0 $0
(c) Planning / Design / Engineering /
Environmental Documentation $0 $525,997 $0 $525,997
(d) Construction / Implementation $1,000,000 $1,292,631 $2,250,000 $4,542,631 TOTAL COSTS $1,000,000 $1,826,148 $2,250,000 $5,076,148 *Cost share includes funds received from the U.S. Bureau of Reclamation WaterSmart Drought Resiliency Grant ($743,950). The balance of the cost share will be derived from COMB’s Operating Budget which receives its revenue from its Member Agencies (Goleta Water District, City of Santa Barbara, Montecito Water District, Carpinteria Valley Water District).
**Other Cost Share includes funds received awarded under the DWR Urban and Multi Benefit Drought Relief Program Grant Agreement No. 4600014975

Page 28 of 55 ends

EXHIBIT C

SCHEDULE
PROPOSITION 1 ROUND 2 SANTA BARBARA COUNTY IRWM IMPLEMENTATION GRANT Grant Administration
BUDGET CATEGORY Start Date End Date
a Project Administration 01/01/2023 07/31/2026
PROJECT 1: Leak Detection and Repair Project
BUDGET CATEGORY Start Date End Date
a Project Administration 01/01/2023 07/31/2025
b Land Purchase / Easement N/A N/A
c Planning / Design / Engineering / Environmental Documentation* 01/01/2023 03/31/2023 d Construction / Implementation 01/01/2023 04/31/2025
*The scheduling of the completion of the Project Monitoring Plan causes an overlap between Category c and d.

However, this task is not dependent to other project tasks.

PROJECT 2: Pioneer Lift Station Rehabilitation
BUDGET CATEGORY Start Date End Date
a Project Administration 01/01/2023 06/31/2025
b Land Purchase / Easement N/A N/A
c Planning / Design / Engineering / Environmental Documentation 01/01/2023 03/31/2023 d Construction / Implementation 09/01/2023 03/31/2025
Grant Agreement No. 4600014975

Page 29 of 55 ends

PROJECT 3: Carpinteria Advanced Purification Project
BUDGET CATEGORY Start Date End Date
a Project Administration 01/01/2023 04/31/2026
b Land Purchase / Easement N/A N/A
c Planning / Design / Engineering / Environmental Documentation* 01/01/2023 12/31/2025 d Construction / Implementation 05/01/2024 01/31/2026
*Due to project phasing and other funding components, permits, construction and implementation will occur on parallel schedules.

PROJECT 4: Lake Cachuma Emergency Pumping Facility Secured Pipeline Project BUDGET CATEGORY Start Date End Date
a Project Administration 05/01/2022 06/30/2023
b Land Purchase / Easement N/A N/A
c Planning / Design / Engineering / Environmental Documentation 01/01/2019 8/15/2022 d Construction / Implementation 09/01/2022 3/31/2023
Grant Agreement No. 4600014975

Page 30 of 55 ends

EXHIBIT D

STANDARD CONDITIONS
D.1. ACCOUNTING AND DEPOSIT OF FUNDING DISBURSEMENT:

A. Separate Accounting of Funding Disbursements: Grantee shall account for the money disbursed pursuant to this Grant Agreement separately from all other Grantee funds. Grantee shall maintain audit and accounting procedures that are in accordance with generally accepted accounting principles and practices, consistently applied. Grantee shall keep complete and accurate records of all receipts and disbursements on expenditures of such funds. Grantee shall require its contractors or subcontractors to maintain books, records, and other documents pertinent to their work in accordance with generally accepted accounting principles and practices. Records are subject to inspection by State at any and all reasonable times.

B. Disposition of Money Disbursed: All money disbursed pursuant to this Grant Agreement shall be deposited in a non-interest bearing account, administered, and accounted for pursuant to the provisions of applicable law.

C. Remittance of Unexpended Funds: Grantee shall remit to State any unexpended funds that were disbursed to Grantee under this Grant Agreement and were not used to pay Eligible Project Costs within a period of sixty (60) calendar days from the final disbursement from State to Grantee of funds or, within thirty (30) calendar days of the expiration of the Grant Agreement, whichever comes first.

D.2. ACKNOWLEDGEMENT OF CREDIT AND SIGNAGE: Grantee shall include appropriate acknowledgement of credit to the State for its support when promoting the Project or using any data and/or information developed under this Grant Agreement. Signage shall be posted in a prominent location at Project site(s) (if applicable) or at the Grantee’s headquarters and shall include the Department of Water Resources color logo and the following disclosure statement: “Funding for this project has been provided in full or in part from the Water Quality, Supply, and Infrastructure Improvement Act of 2014 and through an agreement with the State Department of Water Resources.” The Grantee shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this Paragraph.

D.3. AMENDMENT: This Grant Agreement may be amended at any time by mutual agreement of the Parties, except insofar as any proposed amendments are in any way contrary to applicable law.

Requests by the Grantee for amendments must be in writing stating the amendment request and the reason for the request. Requests solely for a time extension must be submitted at least 90 days prior to the work completion date set forth in Paragraph 2. Any other request for an amendment must be submitted at least 180 days prior to the work completion date set forth in Paragraph 2. State shall have no obligation to agree to an amendment.

D.4. AMERICANS WITH DISABILITIES ACT: By signing this Grant Agreement, Grantee assures State that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C. § 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.

D.5. AUDITS: State reserves the right to conduct an audit at any time between the execution of this Grant Agreement and the completion of the Project, with the costs of such audit borne by State. After completion of the Project, State may require Grantee to conduct a final audit to State’s specifications, at Grantee’s expense, such audit to be conducted by and a report prepared by an independent Certified Public Accountant. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Grant Agreement, and State may elect to pursue any remedies provided in Paragraph 12 or take any other action it deems necessary to protect its interests. The Grantee agrees it shall return any audit disallowances to the State.

Pursuant to Government Code section 8546.7, the Grantee shall be subject to the examination and audit by the State for a period of three (3) years after final payment under this Grant Agreement with Grant Agreement No. 4600014975

Page 31 of 55 ends

respect of all matters connected with this Grant Agreement, including but not limited to, the cost of administering this Grant Agreement. All records of Grantee or its contractor or subcontractors shall be preserved for this purpose for at least three (3) years after receipt of the final disbursement under this Agreement. If an audit reveals any impropriety, the Bureau of State Audits or the State Controller’s Office may conduct a full audit of any or all of the Grantee’s activities. Code, § 79708, subd. (b) D.6. BUDGET CONTINGENCY: If the Budget Act of the current year covered under this Grant Agreement does not appropriate sufficient funds for this program, this Grant Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of State to make any payments under this Grant Agreement. In this event, State shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Grant Agreement and Grantee shall not be obligated to perform any provisions of this Grant Agreement. Nothing in this Grant Agreement shall be construed to provide Grantee with a right of priority for payment over any other Grantee. If funding for any fiscal year after the current year covered by this Grant Agreement is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Grant Agreement with no liability occurring to State, or offer a Grant Agreement amendment to Grantee to reflect the reduced amount.

D.7. CALIFORNIA CONSERVATION CORPS: Grantee may use the services of the California Conservation Corps or other community conservation corps as defined in Public Resources Code section 14507.5.

D.8. CEQA: Activities funded under this Grant Agreement, regardless of funding source, must be in compliance with the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21000 et seq.) Any work that is subject to CEQA and funded under this Agreement shall not proceed until documents that satisfy the CEQA process are received by the State’s Project Manager and the State has completed its CEQA compliance. Work funded under this Agreement that is subject to a CEQA document shall not proceed until and unless approved by the Department of Water Resources. Such approval is fully discretionary and shall constitute a condition precedent to any work for which it is required. If CEQA compliance by the Grantee is not complete at the time the State signs this Agreement, once State has considered the environmental documents, it may decide to require changes, alterations, or other mitigation to the Project; or to not fund the Project. Should the State decide to not fund the Project, this Agreement shall be terminated in accordance with Paragraph 12, “Default Provisions.”
D.9. CHILD SUPPORT COMPLIANCE ACT: The Grantee acknowledges in accordance with Public Contract Code section 7110, that:

A. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Family Code section 5200 et seq.; and B. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

D.10. CLAIMS DISPUTE: Any claim that the Grantee may have regarding performance of this Agreement including, but not limited to, claims for additional compensation or extension of time, shall be submitted to the DWR Project Representative, within thirty (30) days of the Grantee’s knowledge of the claim.

State and Grantee shall then attempt to negotiate a resolution of such claim and process an amendment to this Agreement to implement the terms of any such resolution.

D.11. COMPETITIVE BIDDING AND PROCUREMENTS: Grantee’s contracts with other entities for the acquisition of goods and services and construction of public works with funds provided by State under this Grant Agreement must be in writing and shall comply with all applicable laws and regulations regarding the securing of competitive bids and undertaking competitive negotiations. If the Grantee Grant Agreement No. 4600014975

Page 32 of 55 ends

does not have a written policy to award contracts through a competitive bidding or sole source process, the Department of General Services’ State Contracting Manual rules must be followed and are available at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-ServicesResources-List-Folder/State-Contracting.

D.12. COMPUTER SOFTWARE: Grantee certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Grant Agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws.

D.13. CONFLICT OF INTEREST: All participants are subject to State and Federal conflict of interest laws.

Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411, for State conflict of interest requirements.

A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services.

B. Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelvemonth period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service.

C. Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the California Political Reform Act. (Gov. Code, § 87100 et seq.) D. Employees and Consultants to the Grantee: Individuals working on behalf of a Grantee may be required by the Department to file a Statement of Economic Interests (Fair Political Practices Commission Form 700) if it is determined that an individual is a consultant for Political Reform Act purposes.

D.14. DELIVERY OF INFORMATION, REPORTS, AND DATA: Grantee agrees to expeditiously provide throughout the term of this Grant Agreement, such reports, data, information, and certifications as may be reasonably required by State.

D.15. DISPOSITION OF EQUIPMENT: Grantee shall provide to State, not less than thirty (30) calendar days prior to submission of the final invoice, an itemized inventory of equipment purchased with funds provided by State. The inventory shall include all items with a current estimated fair market value of more than $5,000.00 per item. Within sixty (60) calendar days of receipt of such inventory State shall provide Grantee with a list of the items on the inventory that State will take title to. All other items shall become the property of Grantee. State shall arrange for delivery from Grantee of items that it takes title to. Cost of transportation, if any, shall be borne by State.

D.16. DRUG-FREE WORKPLACE CERTIFICATION: Certification of Compliance: By signing this Grant Agreement, Grantee, its contractors or subcontractors hereby certify, under penalty of perjury under the laws of State of California, compliance with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:

Grant Agreement No. 4600014975

Page 33 of 55 ends

A. Publish a statement notifying employees, contractors, and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, contractors, or subcontractors for violations, as required by Government Code section 8355.

B. Establish a Drug-Free Awareness Program, as required by Government Code section 8355 to inform employees, contractors, or subcontractors about all of the following:
i. The dangers of drug abuse in the workplace,
ii. Grantee’s policy of maintaining a drug-free workplace, iii. Any available counseling, rehabilitation, and employee assistance programs, and iv. Penalties that may be imposed upon employees, contractors, and subcontractors for drug abuse violations.

C. Provide, as required by Government Code section 8355, that every employee, contractor, and/or subcontractor who works under this Grant Agreement:
i. Will receive a copy of Grantee’s drug-free policy statement, and ii. Will agree to abide by terms of Grantee’s condition of employment, contract or subcontract.

D.17. EASEMENTS: Where the Grantee acquires property in fee title or funds improvements to real property using State funds provided through this Grant Agreement, an appropriate easement or other title restriction providing for floodplain preservation and agricultural and/or wildlife habitat conservation for the subject property in perpetuity, approved by the State, shall be conveyed to a regulatory or trustee agency or conservation group acceptable to the State. The easement or other title restriction must be in first position ahead of any recorded mortgage or lien on the property unless this requirement is waived by the State.

Where the Grantee acquires an easement under this Agreement, the Grantee agrees to monitor and enforce the terms of the easement, unless the easement is subsequently transferred to another land management or conservation organization or entity with State permission, at which time monitoring and enforcement responsibilities will transfer to the new easement owner.

Failure to provide an easement or other title restriction acceptable to the State may result in termination of this Agreement.

D.18. FINAL INSPECTIONS AND CERTIFICATION OF REGISTERED PROFESSIONAL: Upon completion of the Project, Grantee shall provide for a final inspection and certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist), that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Grant Agreement.

D.19. GRANTEE'S RESPONSIBILITIES: Grantee and its representatives shall:

A. Faithfully and expeditiously perform or cause to be performed all project work as described in Exhibit A and in accordance with Exhibits B and C.

B. Accept and agree to comply with all terms, provisions, conditions, and written commitments of this Grant Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and statements made by Grantee in the application, documents, amendments, and communications filed in support of its request for funding.

C. Comply with all applicable California, federal, and local laws and regulations.

D. Implement the Project in accordance with applicable provisions of the law.

E. Fulfill its obligations under the Grant Agreement and be responsible for the performance of the Project.

F. Obtain any and all permits, licenses, and approvals required for performing any work under this Grant Agreement, including those necessary to perform design, construction, or operation and maintenance of the Project. Grantee shall provide copies of permits and approvals to State.

G. Be solely responsible for design, construction, and operation and maintenance of projects within the work plan. Review or approval of plans, specifications, bid documents, or other construction documents by State is solely for the purpose of proper administration of funds by State and shall not be deemed to relieve or restrict responsibilities of Grantee under this Agreement.

Grant Agreement No. 4600014975

Page 34 of 55 ends

H. Be solely responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Grantee shall be responsible for any and all disputes arising out of its contracts for work on the Project, including but not limited to payment disputes with contractors and subcontractors. The State will not mediate disputes between the Grantee and any other entity concerning responsibility for performance of work.

D.20. GOVERNING LAW: This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.

D.21. INCOME RESTRICTIONS: The Grantee agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Grantee under this Agreement shall be paid by the Grantee to the State, to the extent that they are properly allocable to costs for which the Grantee has been reimbursed by the State under this Agreement. The Grantee shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this Paragraph.

D.22. INDEMNIFICATION: Grantee shall indemnify and hold and save the State, its officers, agents, and employees, free and harmless from any and all liabilities for any claims and damages (including inverse condemnation) that may arise out of the Project and this Agreement, including, but not limited to any claims or damages arising from planning, design, construction, maintenance and/or operation of levee rehabilitation measures for this Project and any breach of this Agreement. Grantee shall require its contractors or subcontractors to name the State, its officers, agents and employees as additional insureds on their liability insurance for activities undertaken pursuant to this Agreement.

D.23. INDEPENDENT CAPACITY: Grantee, and the agents and employees of Grantees, in the performance of the Grant Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State.

D.24. INSPECTION OF BOOKS, RECORDS, AND REPORTS: During regular office hours, each of the parties hereto and their duly authorized representatives shall have the right to inspect and to make copies of any books, records, or reports of either party pertaining to this Grant Agreement or matters related hereto. Each of the parties hereto shall maintain and shall make available at all times for such inspection accurate records of all its costs, disbursements, and receipts with respect to its activities under this Grant Agreement. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Grant Agreement, and State may withhold disbursements to Grantee or take any other action it deems necessary to protect its interests.

D.25. INSPECTIONS OF PROJECT BY STATE: State shall have the right to inspect the work being performed at any and all reasonable times during the term of the Grant Agreement. This right shall extend to any subcontracts, and Grantee shall include provisions ensuring such access in all its contracts or subcontracts entered into pursuant to its Grant Agreement with State.

D.26. LABOR CODE COMPLIANCE: The Grantee agrees to be bound by all the provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to reimbursement from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met. Current Department of Industrial Relations (DIR) requirements may be found at: http://www.dir.ca.gov/ lcp.asp.

For more information, please refer to DIR’s Public Works Manual at: https://www.dir.ca.gov/ dlse/PWManualCombined.pdf. The Grantee affirms that it is aware of the provisions of section 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance, and the Grantee affirms that it will comply with such provisions before commencing the performance of the work under this Agreement and will make its contractors and subcontractors aware of this provision.

Grant Agreement No. 4600014975

Page 35 of 55 ends

D.27. MODIFICATION OF OVERALL WORK PLAN: At the request of the Grantee, the State may at its sole discretion approve non-material changes to the portions of Exhibits A, B, and C which concern the budget and schedule without formally amending this Grant Agreement. Non-material changes with respect to the budget are changes that only result in reallocation of the budget and will not result in an increase in the amount of the State Grant Agreement. Non-material changes with respect to the Project schedule are changes that will not extend the term of this Grant Agreement. Requests for nonmaterial changes to the budget and schedule must be submitted by the Grantee to the State in writing and are not effective unless and until specifically approved by the State’s Program Manager in writing.

D.28. NONDISCRIMINATION: During the performance of this Grant Agreement, Grantee and its contractors or subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), marital/domestic partner status, and denial of medical and family care leave or pregnancy disability leave. Grantee and its contractors or subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its contractors or subcontractors shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code, § 12990.) and the applicable regulations promulgated there under (Cal. Code Regs., tit. 2, § 11000 et seq.). The applicable regulations of the Fair Employment and Housing are incorporated into this Agreement by reference. Grantee and its contractors or subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Grant Agreement.

D.29. OPINIONS AND DETERMINATIONS: Where the terms of this Grant Agreement provide for action to be based upon, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable.

D.30. PERFORMANCE BOND: Where contractors are used, the Grantee shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Grantee in the following amounts: Faithful performance (100%) of contract value, and labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. Any bond issued pursuant to this paragraph must be issued by a California-admitted surety. (Pub. Contract Code, § 7103; Code Civ. Proc., § 995.311.)
D.31. PRIORITY HIRING CONSIDERATIONS: If this Grant Agreement includes services in excess of $200,000, the Grantee shall give priority consideration in filling vacancies in positions funded by the Grant Agreement to qualified recipients of aid under Welfare and Institutions Code section 11200 in accordance with Public Contract Code section 10353.

D.32. PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION: The Grantee shall not sell, abandon, lease, transfer, exchange, mortgage, hypothecate, or encumber in any manner whatsoever all or any portion of any real or other property necessarily connected or used in conjunction with the Project, or with Grantee’s service of water, without prior permission of State.

Grantee shall not take any action, including but not limited to actions relating to user fees, charges, and assessments that could adversely affect the ability of Grantee meet its obligations under this Grant Agreement, without prior written permission of State. State may require that the proceeds from the disposition of any real or personal property be remitted to State.

Grant Agreement No. 4600014975

Page 36 of 55 ends

D.33. PROJECT ACCESS: The Grantee shall ensure that the State, the Governor of the State, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times during Project construction and thereafter for the term of this Agreement.

D.34. REMAINING BALANCE: In the event the Grantee does not submit invoices requesting all of the funds encumbered under this Grant Agreement, any remaining funds revert to the State. The State will notify the Grantee stating that the Project file is closed and any remaining balance will be disencumbered and unavailable for further use under this Grant Agreement.

D.35. REMEDIES NOT EXCLUSIVE: The use by either party of any remedy specified herein for the enforcement of this Grant Agreement is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law.

D.36. RETENTION: The State shall withhold ten percent (10%) of the funds, for each project, until the project is complete, and a Final Project Report is approved and accepted by DWR. If a project has multiple components (within a project), at the State's discretion and upon a written request by the Grantee, any retained amount attributable to a single component may be released when that component is complete and the Final Component Completion Report is approved. Upon approval of the Final Project Report and/or Final Component Completion Report, any retained amounts due to the Grantee will be promptly disbursed to the Grantee, without interest.

D.37. RIGHTS IN DATA: Grantee agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes and other written or graphic work produced in the performance of this Grant Agreement shall be made available to the State and shall be in the public domain to the extent to which release of such materials is required under the California Public Records Act. (Gov.

Code, § 6250 et seq.) Grantee may disclose, disseminate and use in whole or in part, any final form data and information received, collected and developed under this Grant Agreement, subject to appropriate acknowledgement of credit to State for financial support. Grantee shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so. The State shall have the right to use any data described in this paragraph for any public purpose.

D.38. SEVERABILITY: Should any portion of this Grant Agreement be determined to be void or unenforceable, such shall be severed from the whole and the Grant Agreement shall continue as modified.

D.39. SUSPENSION OF PAYMENTS: This Grant Agreement may be subject to suspension of payments or termination, or both if the State determines that:

A. Grantee, its contractors, or subcontractors have made a false certification, or B. Grantee, its contractors, or subcontractors violates the certification by failing to carry out the requirements noted in this Grant Agreement.

D.40. SUCCESSORS AND ASSIGNS: This Grant Agreement and all of its provisions shall apply to and bind the successors and assigns of the parties. No assignment or transfer of this Grant Agreement or any part thereof, rights hereunder, or interest herein by the Grantee shall be valid unless and until it is approved by State and made subject to such reasonable terms and conditions as State may impose.

D.41. TERMINATION BY GRANTEE: Subject to State approval which may be reasonably withheld, Grantee may terminate this Agreement and be relieved of contractual obligations. In doing so, Grantee must provide a reason(s) for termination. Grantee must submit all progress reports summarizing accomplishments up until termination date.

D.42. TERMINATION FOR CAUSE: Subject to the right to cure under Paragraph 12, “Default Provisions,” the State may terminate this Grant Agreement and be relieved of any payments should Grantee fail to Grant Agreement No. 4600014975

Page 37 of 55 ends

perform the requirements of this Grant Agreement at the time and in the manner herein, provided including but not limited to reasons of default under Paragraph 12, “Default Provisions.” D.43. TERMINATION WITHOUT CAUSE: The State may terminate this Agreement without cause on 30 days’ advance written notice. The Grantee shall be reimbursed for all reasonable expenses incurred up to the date of termination.

D.44. THIRD PARTY BENEFICIARIES: The parties to this Agreement do not intend to create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or any duty, covenant, obligation or understanding established herein.

D.45. TIMELINESS: Time is of the essence in this Grant Agreement.

D.46. TRAVEL – DAC, EDA, TRIBES PROJECT: Travel is only an eligible reimbursable expense for projects providing at least 75% of benefits to DACs, EDAs, and/or Tribes (based on population or geographic area). Only ground transportation and lodging are eligible for grant reimbursement. Per diem costs will not be eligible for grant reimbursement. Any reimbursement for necessary travel shall be at rates not to exceed those set by the California Department of Human Resources. These rates may be found at: http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement will be at the State travel amounts that are current as of the date costs are incurred. No travel outside of the IRWM region shall be reimbursed unless prior written authorization is obtained from the State.

D.47. UNION ORGANIZING: Grantee, by signing this Grant Agreement, hereby acknowledges the applicability of Government Code sections 16645 through 16649 to this Grant Agreement.

Furthermore, Grantee, by signing this Grant Agreement, hereby certifies that:

A. No State funds disbursed by this Grant Agreement will be used to assist, promote, or deter union organizing.

B. Grantee shall account for State funds disbursed for a specific expenditure by this Grant Agreement to show those funds were allocated to that expenditure.

C. Grantee shall, where State funds are not designated as described in (b) above, allocate, on a pro rata basis, all disbursements that support the program.

D. If Grantee makes expenditures to assist, promote, or deter union organizing, Grantee will maintain records sufficient to show that no State funds were used for those expenditures and that Grantee shall provide those records to the Attorney General upon request.

D.48. VENUE: The State and the Grantee hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the United States District Court in and for the Eastern District of California. The Grantee hereby waives any existing sovereign immunity for the purposes of this Agreement.

D.49. WAIVER OF RIGHTS: None of the provisions of this Grant Agreement shall be deemed waived unless expressly waived in writing. It is the intention of the parties here to that from time to time either party may waive any of its rights under this Grant Agreement unless contrary to law. Any waiver by either party of rights arising in connection with the Grant Agreement shall not be deemed to be a waiver with respect to any other rights or matters, and such provisions shall continue in full force and effect.

Grant Agreement No. 4600014975

Page 38 of 55 ends

EXHIBIT E

AUTHORIZING RESOLUTION
Grant Agreement No. 4600014975

Page 39 of 55 ends

Grant Agreement No. 4600014975

Page 40 of 55 ends

Grant Agreement No. 4600014975

Page 41 of 55 ends

EXHIBIT F

REPORT FORMATS AND REQUIREMENTS
The following reporting formats should be utilized. Please obtain State approval prior to submitting a report in an alternative format.

PROGRESS REPORTS
Progress reports shall generally use the following format. This format may be modified as necessary to effectively communicate information. For each project, discuss the following at the task level, as organized in Exhibit A:

Percent complete (by work)
Discussion of work accomplished during the reporting period.

Milestones or deliverables completed/submitted during the reporting period.

Meetings held or attended.

Scheduling concerns and issues encountered that may delay completion of the task.

For each project, discuss the following at the project level, as organized in Exhibit A:

Work anticipated for the next reporting period.

Photo documentation, as appropriate.

Budget projections for grant share for the next two quarters Any schedule or budget modifications approved by DWR during the reporting period.

PROJECT COMPLETION REPORT
The Project Completion Report (or a Component Completion Report, if a Project has multiple Components) shall generally use the following format provided below for each project after completion.

Executive Summary
The Executive Summary should include a brief summary of project information and include the following items:

Brief description of work proposed to be done in the original Grant application.

List any official amendments to this Grant Agreement, with a short description of the amendment.

Reports and/or Products
The following items should be provided, unless already submitted as a deliverable:

A copy of any final technical report or study, produced for or utilized in this Project as described in the Exhibit A
Electronic copies of any data collected, not previously submitted Discussion of problems that occurred during the work and how those problems were resolved Final project schedule showing actual progress versus planned progress as shown in Exhibit C Additional information that may be applicable for implementation projects includes the following:

Record drawings
Final geodetic survey information
Project photos
Cost & Disposition of Funds
A list showing:

Summary of Project costs including the following items:
o Accounting of the cost of project expenditure;
o Include all internal and external costs not previously disclosed (i.e., additional cost share); and o A discussion of factors that positively or negatively affected the project cost and any deviation from the original Project cost estimate.

Grant Agreement No. 4600014975

Page 42 of 55 ends

Additional Information
Benefits derived from the Project, with quantification of such benefits provided.

If applicable, Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), consistent with Exhibit D, that the project was conducted in accordance with the approved Work Plan in Exhibit A and any approved amendments thereto.

Submittal schedule for the Post-Performance Report.

GRANT COMPLETION REPORT
The Grant Completion Report shall generally use the following format. This format may be modified as necessary to effectively communicate information on the various projects funded by this Grant Agreement, and includes the following:

Executive Summary: consisting of a maximum of ten (10) pages summarizing information for the grant as well as the individual projects.

Brief discussion of: each project completed and how they achieved IRWM Plan objectives and/or Regional goals and whether the level, type, or magnitude of benefits of the project are comparable to the original project proposal; any remaining work to be completed and mechanism for their implementation; the benefits to DAC and/or EDA as part of this Grant Agreement if a DAC or EDA Cost Share Waiver was approved for a project; and a summary of final funds disbursement for each project.

Additional Information: Summary of the submittal schedule for the Post-Performance Reports applicable for the projects in this Grant Agreement.

POST-PERFORMANCE REPORT
The Post-Performance Report (PPR) should be concise and focus on how each project is performing compared to its expected performance; whether the project is being operated and maintained and providing intended benefits as proposed. A PPR template may be provided by the assigned DWR Grant Manager upon request. The PPR should follow the general format of the template and provide requested information as applicable. The following information, at a minimum, shall be provided:

Reports and/or products
Header including the following:
o Grantee Name
o Implementing Agency (if different from Grantee)
o Grant Agreement Number
o Project Name
o Funding grant source (i.e., 2022 Proposition 1 IRWM Implementation Grant) o Report number
Post-Performance Report schedule
Time period of the annual report (e.g., January 2024 through December 2024) Project Description Summary
Discussion of the project benefits
An assessment of any differences between the expected versus actual project benefits as stated in the original application. Where applicable, the reporting should include quantitative metrics (e.g., new acrefeet of water produced that year, etc.).

Summary of any additional costs and/or benefits deriving from the project since its completion, if applicable.

Any additional information relevant to or generated by the continued operation of the project.

Grant Agreement No. 4600014975

Page 43 of 55 ends

EXHIBIT G

REQUIREMENTS FOR DATA SUBMITTAL
Surface and Groundwater Quality Data:

Groundwater quality and ambient surface water quality monitoring data that include chemical, physical, or biological data shall be submitted to the State as described below, with a narrative description of data submittal activities included in project reports.

Surface water quality monitoring data shall be prepared for submission to the California Environmental Data Exchange Network (CEDEN). The CEDEN data templates are available on the CEDEN website.

Inclusion of additional data elements described on the data templates is desirable. Data ready for submission should be uploaded to your CEDEN Regional Data Center via the CEDEN website. CEDEN website: http://www.ceden.org.

If a project’s Work Plan contains a groundwater ambient monitoring element, groundwater quality monitoring data shall be submitted to the State for inclusion in the State Water Resources Control Board’s Groundwater Ambient Monitoring and Assessment (GAMA) Program Information on the GAMA Program can be obtained at: https://www.waterboards.ca.gov/water_issues/programs/gama/. If further information is required, the Grantee can contact the State Water Resources Control Board (SWRCB) GAMA Program.

A listing of SWRCB staff involved in the GAMA program can be found at:
https://www.waterboards.ca.gov/water_issues/programs/gama/contact.shtml.

Groundwater Level Data
For each project that collects groundwater level data, the Grantee will need to submit this data to DWR’s Water Data Library (WDL), with a narrative description of data submittal activities included in project reports, as described in Exhibit F, “Report Formats and Requirements.” Information regarding the WDL and in what format to submit data in can be found at: http://www.water.ca.gov/waterdatalibrary/.

Grant Agreement No. 4600014975

Page 44 of 55 ends

EXHIBIT H

STATE AUDIT DOCUMENT REQUIREMENTS AND COST SHARE GUIDELINES FOR THE GRANTEE The following provides a list of documents typically required by State Auditors and general guidelines for the Grantee. List of documents pertains to both State funding and the Grantee’s Local Cost Share and details the documents/records that State Auditors would need to review in the event of this Grant Agreement is audited.

The Grantee should ensure that such records are maintained for each funded project.

State Audit Document Requirements
Internal Controls

1. Organization chart (e.g., Agency’s overall organization chart and organization chart for the State funded Program/Project).

2. Written internal procedures and flowcharts for the following:
a) Receipts and deposits
b) Disbursements
c) State reimbursement requests
d) Expenditure tracking of State funds
e) Guidelines, policy, and procedures on State funded Program/Project

3. Audit reports of the Agency internal control structure and/or financial statements within the last two years.

4. Prior audit reports on the State funded Program/Project.

State Funding:

1. Original Grant Agreement, any amendment(s) and budget modification documents.

2. A listing of all bond-funded grants, loans, or subventions received from the State.

3. A listing of all other funding sources for each Program/Project.

Contracts:

1. All subcontractor and consultant contracts and related or partners’ documents, if applicable.

2. Contracts between the Agency and member agencies as related to the State funded Program/Project.

Invoices:

1. Invoices from vendors and subcontractors for expenditures submitted to the State for payments under the Grant Agreement.

2. Documentation linking subcontractor invoices to State reimbursement, requests and related Grant Agreement budget line items.

3. Reimbursement requests submitted to the State for the Grant Agreement.

Cash Documents:

1. Receipts (copies of warrants) showing payments received from the State.

2. Deposit slips (or bank statements) showing deposit of the payments received from the State.

3. Cancelled checks or disbursement documents showing payments made to vendors, subcontractors, consultants, and/or agents under the grants or loans.

4. Bank statements showing the deposit of the receipts.

Accounting Records:

1. Ledgers showing entries for funding receipts and cash disbursements.

2. Ledgers showing receipts and cash disbursement entries of other funding sources.

3. Bridging documents that tie the general ledger to requests for Grant Agreement reimbursement.

Administration Costs:

1. Supporting documents showing the calculation of administration costs.

Grant Agreement No. 4600014975

Page 45 of 55 ends

Personnel:

1. List of all contractors and Agency staff that worked on the State funded Program/Project.

2. Payroll records including timesheets for contractor staff and the Agency personnel who provided services charged to the program
Project Files:

1. All supporting documentation maintained in the project files.

2. All Grant Agreement related correspondence.

Cost Share Guidelines
Cost Share consists of non-State funds, including in-kind services. In-kind services are defined as work performed (i.e., dollar value of non-cash contributions) by the Grantee (and potentially other parties) directly related to the execution of the funded project. Examples include volunteer services, equipment use, and use of facilities. The cost if in-kind service can be counted as cost share in-lieu of actual funds (or revenue) provided by the Grantee. Other cost share and in-kind service eligibility conditions may apply. Provided below is guidance for documenting cost share with and without in-kind services.

1. Although tracked separately, in-kind services shall be documented and, to the extent feasible, supported by the same methods used by the Grantee for its own employees. Such documentation should include the following:
a. Detailed description of the contributed item(s) or service(s) b. Purpose for which the contribution was made (tied to project work plan) c. Name of contributing organization and date of contribution d. Real or approximate value of contribution. Who valued the contribution and how was the value determined? (e.g., actual, appraisal, fair market, etc.). Justification of rate. (See item 2, below) e. Person’s name and the function of the contributing person f. Number of hours contributed
g. If multiple sources exist, these should be summarized on a table with summed charges h. Source of contribution if it was provided by, obtained with, or supported by government funds

2. Rates for volunteer or in-kind services shall be consistent with those paid for similar work in the Grantee’s organization. For example, volunteer service of clearing vegetation performed by an attorney shall be valued at fair market value for this service, not the rate for professional legal services. In those instances, in which the required skills are not found in the recipient organization, rates shall be consistent with those paid for similar work in the labor market. Paid fringe benefits that are reasonable, allowable, and allocable may be included in the valuation.

3. Cost share contribution (including in-kind services) shall be for costs and services directly attributed to activities included in the Grant Agreement. These services, furnished by professional and technical personnel, consultants, and other skilled labor may be counted as in-kind if the activities are an integral and necessary part of the project funded by the Grant Agreement.

4. Cash contributions made to a project shall be documented as revenue and in-kind services as expenditures. These costs should be tracked separately in the Grantee’s accounting system.

Grant Agreement No. 4600014975

Page 46 of 55 ends

EXHIBIT I

LOCAL PROJECT SPONSORS AND PROJECT LOCATIONS
The Grantee has assigned, for each project, a Local Project Sponsor (LPS) according to the roles of the participating agencies identified in the IRWM Plan. LPSs may act on behalf of the Grantee for the purposes of individual project management, oversight, compliance, and operations and maintenance. LPSs are identified for each sponsored Project below:

Local Project Sponsor Agency Designation
Sponsored Project: Project 1: Leak Detection and Repair Project Sponsor Agency: City of Lompoc
Agency Address: 100 Civic Center Plaza, Lompoc, CA 93436 Project Location: Town/City Lompoc, California (34.639149, -120.457939)

Grant Agreement No. 4600014975

Page 47 of 55 ends

Local Project Sponsor Agency Designation
Sponsored Project: Project 2: Pioneer Lift Station Rehabilitation Sponsor Agency: City of Guadalupe
Agency Address: 918 Obispo Street Guadalupe, California 93434 Project Location: Town/City, Guadalupe, California (34.968448, -120.575198) Grant Agreement No. 4600014975

Page 48 of 55 ends

Sponsored Project: Project 3: Carpinteria Advanced Purification Project Sponsor Agency: Carpinteria Valley Water District
Agency Address: 1301 Santa Ynez Ave, Carpinteria, CA 93013 Project Location: Town/City, Carpinteria, California (34.392126, -119.518197) Grant Agreement No. 4600014975

Page 49 of 55 ends

Sponsored Project: Project 4: Lake Cachuma Emergency Pumping Facility and Secured Pipeline Project Sponsor Agency: Cachuma Operation and Maintenance Board Agency Address: 3301 Laurel Canyon Rd, Santa Barbara, CA 93105 Project Location: Town/City, Santa Barbara, California (34.5658, -119.9310)

Grant Agreement No. 4600014975

Page 50 of 55 ends

EXHIBIT J

APPRAISAL SPECIFICATIONS
For implementation projects that include Land Acquisition Only:

For property acquisitions funded by this Grant Agreement, the Grantee shall submit an appraisal for review and approval by the Department of General Services or DWR’s Real Estate Branch prior to reimbursement or depositing State funds into an escrow account. This information should be submitted at least 90 days prior to a reimbursement request to account for review time. All appraisal reports, regardless of report format, shall include all applicable Appraisal Specifications below. Appraisals for a total compensation of $150,000 or more shall be reported as a Self-Contained Appraisal Report. Appraisals for a total compensation of less than $150,000 may be reported as a Summary Appraisal Report, which includes all information necessary to arrive at the appraiser’s conclusion. Appraisal Specifications 14, 16, 21, 23-25, and 28 shall be a narrative analysis regardless of the reporting format.

1. Title page with sufficient identification of appraisal assignment.

2. Letter of transmittal summarizing important assumptions and conclusions, value estimate, date of value and date of report.

3. Table of contents.

4. Assumptions and Limiting Conditions, Extraordinary Assumptions, and Hypothetical Conditions as needed.

5. Description of the scope of work, including the extent of data collection and limitations, if any, in obtaining relevant data.

6. Definition of Fair Market Value, as defined by California Code of Civil Procedure, § 1263.320.

7. Photographs of subject property and comparable data, including significant physical features and the interior of structural improvements, if applicable.

8. Copies of Tax Assessor’s plat map with the subject marked along with all contiguous assessor’s parcels that depict the ownership.

9. A legal description of the subject property, if available.

10. For large, remote or inaccessible parcels, provide aerial photographs or topographical maps depicting the subject boundaries.

11. Three (3) year subject property history, including sales, listings, leases, options, zoning, applications for permits, or other documents or facts that might indicate or affect use or value.

12. Discussion of any current Agreement of Sale, option, or listing of subject property. This issue required increased diligence since state agencies often utilize non-profit organizations to quickly acquire sensitive habitat parcels using Option Agreements. However, due to confidentiality clauses, the terms of the Option are often not disclosed to the State. If the appraiser discovers evidence of an Option or the possible existence of an Option, and the terms cannot be disclosed due to a confidentiality clause, then the appraiser is to cease work and contact the client.

13. Regional, area, and neighborhood analyses. This information may be presented in a summary format.

14. Market conditions and trends including identification of the relevant market area, a discussion of supply and demand within the relevant market area, and a discussion of the relevant market factors impacting demand for site acquisition and leasing within the relevant market area. This information may be presented in a summary format.

15. Discussion of subject land/site characteristics (size, topography, current use, elevations, zoning and land use issues, development entitlements, General Plan designation, utilities, offsite improvements, access, land features such as levees and creeks, offsite improvements, easements and encumbrances, covenants, conditions and restrictions, flood and earthquake information, toxic hazards, water rights, mineral rights, toxic hazards, taxes and assessments, etc.).

16. Description of subject improvements including all structures, square footage, physical age, type of construction, quality of construction, condition of improvements and/or identification of any permanent Grant Agreement No. 4600014975

Page 51 of 55 ends

plantings. Discussion of construction cost methodology, costs included and excluded, accrued depreciation from all causes, remaining economic life, items of deferred maintenance and cost to cure, and incurable items. Construction cost data shall include cost data source, date of estimate or date of publication of cost manual, section and page reference of cost manual, copies of cost estimate if provided from another source, replacement or reproduction cost method used, and supporting calculations including worksheets or spreadsheets.

17. Subject property leasing and operating cost history, including all items of income and expense.

18. Analysis and conclusion of the larger parcel for partial taking appraisals. For partial taking appraisals, Appraisal Specifications generally apply to the larger parcel rather than an ownership where the larger parcel is not the entire ownership.

19. Include a copy of a recent preliminary title report (within the past year) as an appraisal exhibit. Discuss the title exceptions and analyze the effect of title exceptions on fair market value.

20. For appraisals of partial takings or easements, a detailed description of the taking or easement area including surface features and topography, easements, encumbrances or improvements including levees within the subject partial take or easement, and whether the take area is characteristic of the larger parcel. Any characteristics of the taking area, including existing pre-project levees that render the take area different from the larger parcel shall be addressed in the valuation.

21. Opinion of highest and best use for the subject property, based on an in-depth analysis supporting the concluded use which includes the detail required by the complexity of the analysis. Such support typically requires a discussion of the four criteria of tests utilized to determine the highest and best use of a property. If alternative feasible uses exist, explain and support market, development, cash flow, and risk factors leading to an ultimate highest and best use decision.

22. All approaches to market value applicable to the property type and in the subject market. Explain and support the exclusion of any usual approaches to value.

23. Map(s) showing all comparable properties in relation to the subject property.

24. Photographs and plat maps of comparable properties.

25. In-depth discussion of comparable properties, similarities and differences compared to the subject property, adjustments to the comparable data, and discussion of the reliability and credibility of the data as it relates to the indicated subject property value. Improved comparable sales which are used to compare to vacant land subject properties shall include an allocation between land and improvements, using methodology similar to methodology used in item 16 above to estimate improvement value when possible, with an explanation of the methodology used.

26. Comparable data sheets.
a. For sales, include information on grantor/Grantee, sale/recordation dates, listed or asking price as of the date of sale, highest and best use, financing, conditions of sale, buyer motivation, sufficient location information (street address, post mile, and/or distance from local landmarks such as bridges, road intersections, structures, etc.), land/site characteristics, improvements, source of any allocation of sale price between land and improvements, and confirming source. b. For listings, also include marketing time from list date to effective date of the appraisal, original list price, changes in list price, broker feedback, if available. c. For leases, include significant information such as lessor/lessee, lease date and term, type of lease, rent and escalation, expenses, size of space leased, tenant improvement allowance, concessions, use restrictions, options, and confirming source. When comparing improved sales to a vacant land subject, the contributory value of the improvements shall be segregated from the land value.

27. For appraisals of easements, a before and after analysis of the burden of the easement on the fee, with attention to how the easement affects highest and best use in the after condition. An Easement Valuation Matrix or generalized easement valuation references may be used ONLY as a reference for a secondary basis of value.

Grant Agreement No. 4600014975

Page 52 of 55 ends

28. For partial taking and easement appraisals, valuation of the remainder in the after condition and analysis and identification of any change in highest and best use or other characteristics in the after condition, to establish severance damages to the remainder in the after condition, and a discussion of special and general benefits, and cost to cure damages or construction contract work.

29. There are occasions where properties involve water rights, minerals, or salable timber that require separate valuations. If an appraisal assignment includes water rights, minerals, or merchantable timber that requires separate valuation, the valuation of the water rights, minerals, or merchantable timber shall be completed by a credentialed subject matter specialist.

30. For partial taking and easement appraisals, presentation of the valuation in California partial taking acquisition required format.

31. Implied dedication statement.

32. Reconciliation and final value estimate. Include analysis and comparison of the comparable sales to the subject, and explain and support conclusions reached.

33. Discussion of any departures taken in the development of the appraisal.

34. Signed Certification consistent with the language found in Uniform Standards of Professional Appraisal Practice.

35. If applicable, in addition to the above, appraisals of telecommunication sites shall also provide:
a. A discussion of market conditions and trends including identification of the relevant market, a discussion of supply and demand within the relevant market area and a discussion of the relevant market factors impacting demand for site acquisition and leasing within the relevant market area. b. An analysis of other leases comparable to subject property. Factors to be discussed in the analysis include the latitude, longitude, type of tower, tower height, number of rack spaces, number of racks occupied, placement of racks, power source and adequacy, back-up power, vault and site improvements description and location on site, other utilities; access, and road maintenance costs.

Grant Agreement No. 4600014975

Page 53 of 55 ends

EXHIBIT K

INFORMATION NEEDED FOR ESCROW PROCESSING AND CLOSURE
For implementation projects that include Land Acquisition Only:

The Grantee shall provide the following documents to the State Project Representative during the escrow process. Property acquisition escrow documents shall be submitted within the term of this Grant Agreement and after a qualified appraisal has been approved.

Name and Address of Title Company Handling the Escrow
Escrow Number
Name of Escrow Officer
Escrow Officer’s Phone Number
Dollar Amount Needed to Close Escrow
Legal Description of Property Being Acquired
Assessor’s Parcel Number(s) of Property Being Acquired
Copy of Title Insurance Report
Entity Taking Title as Named Insured on Title Insurance Policy Copy of Escrow Instructions in Draft Form Prior to Recording for Review Purposes Copy of Final Escrow Instructions
Verification that all Encumbrances (i.e., Liens, Back Taxes, and Similar Obligations) have been Cleared Prior to Recording the Deed to Transfer Title
Copy of Deed for Review Purposes Prior to Recording
Copy of Deed as Recorded in County Recorder’s Office
Copy of Escrow Closure Notice
Grant Agreement No. 4600014975

Page 54 of 55 ends

EXHIBIT L

PROJECT MONITORING PLAN GUIDANCE
Introduction
For each project contained in Exhibit A, please include a brief description of the project (maximum ~150 words) including project location, implementation elements, need for the project (what problem will the project address) and responds to the requirements listed below.

Project Monitoring Plan Requirements
The Project Monitoring Plan shall contain responses to the following questions:

What are the anticipated project physical benefits?
What are the corresponding numeric targets for each project benefit? How will proposed numeric targets be measured?
What are baseline conditions?
When will the targets be met (e.g., upon project completion, five years after completion)? How often will monitoring be undertaken (e.g., monthly, yearly).

Where are monitoring point locations (e.g., meter located at…, at stream mile…)? Include relevant maps.

How will the project be maintained (e.g., irrigation, pest management, weed abatement)? What will be the frequency and duration of maintenance proposed activities? Are there any special environmental considerations (e.g., resource agency requirements, permit requirements, CEQA/NEPA mitigation measures)?
Who is responsible for collecting the samples (i.e., who is conducting monitoring and/or maintenance)?
How, and to whom, will monitoring results be reported (e.g., paper reports, online databases, public meetings)?
What adaptive management strategies will be employed if problems are encountered during routine monitoring or maintenance?
What is the anticipated life of the project?

Grant Agreement No. 4600014975

Page 55 of 55 ends

EXHIBIT M

INVOICE GUIDANCE FOR ADMINISTRATIVE AND OVERHEAD CHARGES The funds provided pursuant to this Agreement may only be used for costs that are directly related to the funded Project. The following provides a list of typical requirements for invoicing, specifically providing guidance on the appropriate methods for invoicing administrative and direct overhead charges.

Administration Charges
Indirect and General Overhead (i.e., indirect overhead) charges are not an allowable expense for reimbursement. However, administrative expenses that are apportioned directly to the project are eligible for reimbursement. Cost such as rent, office supplies, fringe benefits, etc. can be “Direct Costs” and are eligible expenses as long as:

There is a consistent, articulated method for how the costs are allocated that is submitted and approved by the Grant Manager. The allocation method must be fully documented for auditors.

A “fully-burdened labor rate” can be used to capture allowable administrative costs.

The administrative/overhead costs can never include:
o Non-project specific personnel and accounting services performed within the Grantee or an LPS’ organization
o Markup
o Tuition
o Conference fees
o Building and equipment depreciation or use allowances Using a general overhead percentage is never allowed
Labor Rates
The Grantee must provide DWR with supporting documentation for personnel hours (see personnel billing rates letter in example invoice packet). The personnel rate letter should be submitted to the DWR Grant Manager prior to submittal of the first invoice. The supporting documentation must include, at a minimum, employee classifications that will reimbursed by grant funds and the corresponding hourly rate range. These rates should be “burdened”; the burdened rate must be consistent with the Grantee’s/Local Project Sponsors standardized allocation methodology. The supporting documentation should also provide an explanation of what costs make up the burdened rate and how those costs were determined. This information will be used to compare against personnel hours summary table invoice back up documentation. Periodic updates may be needed during the life of the grant which would be handled through a revised billing rate letter.

Page 1 of 2 ends

Agenda Item No. 7G

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of October 10, 2023
________________________________
Prepared by:

Todd Bodem, City Administrator
SUBJECT: Consideration of a Resolution Pursuant to Government Code Section 21221(h) for the appointment of Amelia M. Villegas as Interim Human Resources Manager RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 2023-83 approving Amelia M. Villegas as Interim Human Resources Manager pursuant to Government Code section 21221(h).

BACKGROUND:

In October 2019, Ms. Villegas retired having spent 13 years as Human Resources Manager with the City of Guadalupe. A candidate was hired to fill that vacancy. That individual left after two years. The appointment for Ms. Villegas to return as Interim HR Manager was approved by CalPERS at the City Council in May 2022.

Subsequently, the HR Manager vacancy was filled in October 2022. However, the position has become vacant.

Ms. Villegas is authorized to return as a retiree to fill this current vacancy pursuant to Government Code section 21221(h) which permits the City Council of the City of Guadalupe to appoint Ms. Villegas to a vacant position requiring specialized skills during recruitment for a permanent appointment. This appointment will not subject Ms. Villegas to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year.

Under the January 2013 Employees’ Pension Reform Act (PEPRA), certain provisions must be adhered to for a retiree to work in any capacity for a CalPERS employee:
• The work is of a limited duration in a retired annuitant designated position (i.e., not a permanent part-time position);
• The compensation paid is an hourly pay rate that is within the salary schedule for the position; • The time worked is 960 hours or less in a fiscal year (July 1-June 30);

Page 2 of 2 ends

• No additional compensation or benefits are to be paid.

Another PEPRA provision for a retiree to return to work for a CalPERS employer is a 180-day wait period between the retirement date and the date employment begins unless an exception is approved.

However, this provision does not apply in this situation as Ms. Villegas retired in 2019.

While Ms. Villegas’s main focus will be to recruit and fill this critical vacancy, she will also be asked to manage and complete any personnel-related activities that may arise and be deemed essential to the efficient operation of the City. Ms. Villegas will be employed as a temporary employee with limited hours per week until a suitable and qualified replacement is identified.

FISCAL IMPACT:

The position of Human Resources Manager has been budgeted at $37.33 per hour, as a full-time permanent position with correlating benefits. Ms. Villegas will be retained at $31.635 per hour with no benefits on a limited weekly schedule. As a result, there is more than sufficient funds in the budget to cover this action.

ATTACHMENTS:

1. Resolution No. 2023-83

2. Job Description/Recruitment Posting

3. Offer Letter to Ms. Villegas

Page 1 of 3 ends

RESOLUTION NO. 2023-83

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA APPROVING A RESOLUTION PER GOVERNMENT CODE SECTION 21221(h) FOR THE APPOINTMENT OF AMELIA M. VILLEGAS AS INTERIM HUMAN RESOURCES MANAGER WHEREAS, Government (Gov.) Code section 21221(h) of the Public Employees’ Retirement Law permits the government body to appoint a CalPERS retiree to a vacant position requiring specialized skills during recruitment for a permanent appointment, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and WHEREAS, the City Council desires to appoint Amelia M. Villegas as an interim appointment retired annuitant to the vacant position of Human Resources Manager for the City of Guadalupe under Gov. Code section 21221(h), effective October 11, 2023; and WHEREAS, Amelia M. Villegas served an interim appointment to the position of Human Resource Manager for the City of Guadalupe after her retirement from that position in October 2019, until a permanent appointment was made in March 2020; and
WHEREAS, the Human Resources Manager position had then become vacant as of May 6, 2022, following the resignation of the permanent appointee to that position; and WHEREAS, Ms. Villegas was appointed as Interim Human Resources Manager during that vacancy.

A regular, full-time individual was then hired in October 2022, but the position has become vacant again.

WHEREAS, because this position has become vacant following a permanent appointment who was not a retired annuitant, Government Code section 21221(h) does not prevent Amelia M.

Villegas from filling this new vacancy; and
WHEREAS, the City Council, the City of Guadalupe and Amelia M. Villegas certify that Amelia M.

Villegas has not and will not receive a Golden Handshake or any other retirement-related incentive; and
WHEREAS, an appointment under Gov. Code section 21221(h) requires the retiree is appointed into the interim appointment during recruitment for a permanent appointment; and WHEREAS, this Gov. Code section 21221(h) appointment shall only be made once and therefore will end when a permanent appointment is made, or when Amelia M. Villegas has worked 960 hours, or on June 30, 2024, whichever occurs first.

ATTACHMENT 1

Page 2 of 3 ends

WHEREAS, this entire employment agreement, contract or appointment document between Amelia M. Villegas and the City of Guadalupe has been reviewed by this body and is attached herein; and
WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.33 to equal the hourly rate; and
WHEREAS, the maximum base salary for this position is $7,348.50 monthly and the hourly equivalent is $42.395 hourly; the minimum base salary for this position if $5,483.41 monthly and the hourly equivalent is $31.635; and
WHEREAS, the hourly rate paid to Amelia M. Villegas will be $31.635; and WHEREAS, Amelia M. Villegas has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and
WHEREAS, the current status of this recruitment is open, and a job flyer has been prepared and released to the public a copy of which is attached to the staff report for this item; and WHEREAS, the Offer Letter to Amelia M. Villegas from the City of Guadalupe is attached to the staff report for this item and has been reviewed by the City Council; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Guadalupe as follows:

1. The City Council of the City of Guadalupe hereby certifies the nature of the employment of Amelia M. Villegas as described herein and detailed in the attached Offer Letter of Employment and that this appointment is necessary to fill the critically needed position of Human Resources Manager for the City of Guadalupe by October 11, 2023 because of significant issues concerning recruitment, personnel projects and processes pending in the City of Guadalupe that require immediate attention by someone with Ms. Villegas’s knowledge, experience, and specialized skills.

2. The City Council of the City of Guadalupe does hereby appoint Amelia M. Villegas as Interim Human Resources Manager effective October 11, 2023, to perform specialized work for a limited duration until a regular Human Resources Manager can be hired, or when she has worked 960 hours, or on June 30, 2024, whichever occurs first.

3. Ms. Villegas’s actual start date will be negotiated between City staff and Ms. Villegas, once all required documents have been reviewed and approved by CalPERS.

Page 3 of 3 ends

PASSED AND ADOPTED at a regular meeting on the 10th day of October 2023, by the following vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

I, Todd Bodem, Deputy City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2023-83, has been duly signed by the Mayor and attested by the Deputy City Clerk, all at a regular meeting of the City Council, held on October 10, 2023, and that same was approved and adopted.

ATTEST:
______________________________ ______________________________ Todd Bodem, Deputy City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
________________________________
Philip F. Sinco, City Attorney
Human Resources Manager
Full-Time
October 2023
DEFINITION:

Under the general direction of the City Administrator, this position is responsible for the development, execution, and management of human resources policies, procedures, and programs to ensure compliance with all governmental and legal bodies.

ESSENTIAL FUNCTIONS:
• Plans, organizes and oversees daily functions, and activities of human resources programs, including recruitment and selection, job analysis and classification, compensation, employee training and development, benefits administration, workers’ compensation and labor and employee relations. • Performs job analysis and classification studies of new and existing positions; designs and writes new and modifies existing classification specifications as appropriate; conducts compensation studies for new and existing jobs to determine internal and external equity. • Administers the City’s employee benefit programs, including plans such as retirement, health, dental, vision, life, employee assistance program, Consolidated Omnibus Budget Reconciliation Act (COBRA); acts as liaison with brokers and health carriers.
• Coordinates the City’s training activities; identifies training needs and ensures that the City’s needs, and expectations are addressed.
• Administers the workers’ compensation claims management function. • Assists the City Administrator with labor contract negotiations; prepares labor relations documents and contract language; may represent the City in meetings with bargaining units. Develops and participates in employee relation activities.
• Works closely with management on issues that require resolution or contract interpretation; conducts workplace investigations as needed. Develops and participates in employee relations activities; provides advice and counsel to all levels of staff in the interpretation of human resources laws, rules, regulations, policies, as it relates to personnel.
• Monitors changes in law, regulations, and technology that may affect City or human resources operations; implements policy and procedure changes, as required; participates in the development and implementation of policies and procedural changes as required, ensuring compliance with applicable Federal and State laws and regulations.

ATTACHMENT 2
Human Resources Manager
Full-Time
KNOWLEDGE/SKILLS:
• Principles, practices, and techniques of human resources in a public setting, strongly preferred. • Applicable Federal, State and local laws, regulatory codes, ordinances, and procedures relevant to human resources.
• Techniques for effectively representing the City in contact with governmental agencies, community groups, and various business, professional and educational, regulatory and legislative organizations. • Excellent written, verbal and interpersonal skills dealing with all levels of management and staff. • Principles and practices of exemplary customer service. • Strong organizational and prioritization skills.
• Ability to maintain confidentiality of sensitive personal information of applicants, current and former employees, and other matters affecting employee relations.

EDUCATION & EXPERIENCE:
• Graduation from an accredited four-year college or university with major coursework in human resources management, business or public administration, or a related field, or equivalent experience; and • Minimum of three (3) years of professional experience in human resources administration are required. • Experience in a public agency is highly desirable.
• Possession of a valid California Driver’s License, Class C, with a satisfactory (clean) driving record is required.

SALARY RANGE & BENEFITS:

BI-WEEKLY SALARY: Step A, $2,519.27, - Step L2, $3,391.62 (ANNUAL SALARY: $65,801 - $88,182) BENEFITS: Vacation, Sick Leave, and Holidays. Medical/Dental/Vision/Life Insurance. 2% @ 55 for “Classic” employees; 2% @ 62 for “PEPRA” employees.

APPLICATION PROCESS: Go to our website at www.ci.guadalupe.ca.us to download an application and send to City of Guadalupe, Attn: HR, 918 Obispo Street, P.O. Box 908, Guadalupe, CA 93434 or email to:
[email protected]
DEADLINE: Open Until Filled
This job description is not intended to be all-inclusive. The employee may also perform other reasonably related duties as assigned. The City of Guadalupe provides equal employment opportunities to all employees and applicants for employment and prohibits discrimination and harassment of any type without regard to race, color, religion, age, sex, national origin, disability status, genetics, protected veteran status, sexual orientation, gender identity or expression, or any other characteristic protected by federal, state, or local laws.

Administration Department:

Tel (805) 356.3891 Fax (805) 343.5512 918 Obispo Street P.O. Box 908, Guadalupe CA 93434 October 10, 2023
Ms. Amelia M. Villegas
Guadalupe, CA 93434
RE: OFFER OF INTERIM EMPLOYMENT
Dear Ms. Villegas:

I am pleased to offer you the temporary interim position of Human Resources Manager with the City of Guadalupe. This offer follows the adoption of a resolution by the City Council at its meeting on October 10, 2023, for the CalPERS approval pursuant to Government Code section 21221(h) for an appointment of a retired annuitant to a one-time interim position but is contingent upon the review and approval of the adopted resolution by CalPERS. The following are the details of this offer:

1. Preferred start date: Specific date to be determined (as soon as possible after October 10, 2023);

2. Salary: $31.635 per hour;

3. Schedule: This is a temporary, part-time position. The specific schedule will be determined at time of hire;

4. Payday: You will be paid on Fridays on a bi-weekly basis; and

5. This temporary position is not eligible for any City-provided benefits.

Two originals of this offer are enclosed. Should you accept our offer of temporary assignment in the position of Interim Human Resources Manager, please sign and date both in the space provided below.

Return one of these and retain the other for your records.

Sincerely,
Todd Bodem
City Administrator
City of Guadalupe
Administration Department
918 Obispo Street
P.O. Box 908
Guadalupe, CA 93434
ATTACHMENT 3
Administration Department:

Tel (805) 356.3891 Fax (805) 343.5512 918 Obispo Street P.O. Box 908, Guadalupe CA 93434 Ms. Amelia M. Villegas
Offer of Interim Employment
October 10, 2023

Page 2 of 2 ends

Acceptance:

I fully understand the parameters of this temporary assignment as Interim Human Resources Manager and hereby accept this offer of temporary employment with the City of Guadalupe. _____________________________________ ______________________________ Amelia M. Villegas, Signature Date
_____________________________________
Amelia M. Villegas, Print Name

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: October 1, 2023
RE: Planning Report Covering September 2023

MINISTERIAL PROJECTS
Zoning Clearances Approved 1
Zoning Clearances Denied 0
Zoning Verification Letters 0
Business Licenses Approved 1
Business Licenses Denied 0
ADUs approved 3
AUP for short-term rental 0

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

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

Agenda Item No. 7H 1.

Ministerial Permit Report– August 2023
(Reported 9-1-2023)
Zoning Clearance Approvals
2023-052-ZC Central Coast Processing 151 Obispo Street
2023-059-ZC Baez Paving II 4932 Point Sal Circle
Zoning Clearance Denials
None
ADU Approvals
2023-051-ZC Sahagun ADU 4435 Holly Street
2023-054-ZC Navaro ADU 5000 Sandpiper
and JADU
Business License Approvals
Hernandez Family Childcare daycare 1183 Pacheco
The Notary on Wheels notary 136 Masatani
Business License Denials
None
Guadalupe City Planning Department
Planning Processing Summary for September 2023
(10-1-23 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
Review completed by all City
Departments - Awaiting Applicant to
provide materials and fees needed for
County Surveyor review and recordation.

NO
2022-063-LM $ Mahoney Lot
Merger
August 11,
2022
INC 9-11-22 Incomplete Application Letter sent on
September 11, 2022.

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
Approved by CC at the September 12
public hearing.

NO
2023-047-LLA Alvarez 11th Street July 11, 2023 INC Planning Review Completed - Awaiting Applicant to provide materials and fees
for County Surveyor review and
recordation.

NO
2023-013-LS
SB-9 Split
Reed Lot Split 3-7-23 Review Completed by all City
Departments - Awaiting Applicant to
provide materials and fees needed for
County Surveyor review and recordation.

NO
6th Cycle Housing
Element
Mandatory Update Fall 2022 n/a ND reviewed by staff and corrections made by consultant. Waiting for HCD
comments on Draft Housing Element
2023-055-DR Crandall 12th Street
Multi-Family
development
August 10th August 20th Approved by CC at the September 12 public hearing.

NO
No$ = unreimbursed planning work
$ = projects where a fixed fee has been paid
10-1-23
Agenda Item No. 7H 2.
----l--j 9/5/2023,AD 9 [Scheduling and - - records u ate. 9/5/2023 AD 4 lEscalante Meadows, Meeting with supers for leaking water main 9/5/2023' AD 4 Tissue, small section not holding pressure. 9/5/2023'SW 3 !Escalante Meadows, 80' 4" drain pill_":_ 9/5/2023!sw 8 '234 Obispo, Water line, 1" pvc.
9/5/2023 • F 11 4449 Elm, Asphalt shingle reroof co�el".te. � X
X
9/5/2023 • FR 2 ] 4847 Paga ling, Roof strip complete. ___ _ 9 Scheduling and records update.
,x
-- -+­IX
9 Escalante Meadows, 220' 4" drain pipe.
9/ 4241 la Guardia, Bldg A, apt 1, interior shear.
_9�/6�/="---t���
4�24�1��la� Gu�_ard__ia�, Bldg A, �I 2, Interior shear. 9/6/2023 FR 9 • 4241 La Guardia, Bldg A, apt 3, interior shear. 9/6/2023 .
.
£R 9 I 4241 la Guardia, Bldg 8, apt 1, Interior shear.
9/6/2023 FR 9 4241 la Guardia, Bldg B,apt 2, interior shear. 9/6/2023 �
_
4241 La Guardia,_ Bldg B, a t 3, intenor shear.
9/6/2023 FR 9 4241 La Guardia, Bldg B, apt 4, interior shear. 9/6/2023 ' MS 4 879 Gu�alupe_,_Demo upstairs, partial, lots of wood rot. 9/6/2023 AD 6 4447 Manzanita, Plan check 3.1 kw roof mount pv system. 9/6/lEJ,3 AD 6 _ :15�!_ Castillo, Plan check 4.3 kw roof mount pv system. _
9/7/2023
9/� _7�/2_0_2_3_F
AD�
_N_5_+4
Scheduling
_2_3_1L__aG__au_
and
rd__ia
mostly
•�-C3, � !!!
records
bar and
update.
con_ _cre__te_slab__._____ -J;-x
9/7/2023 FN 5 4241 La Guardia, C3, Rebar and concrete slab. __________ x __ 9/7 /20231 AD 4 4448 Holly, Site visit with Francisco, framing questions today. x 9/7/2023 MS 4 879 Guadalupe, Demo upstairs continues, more wood ro�eveal_ed_·--�- � 9/8/2023 AD 9 Scheduling and records upda!!, ______ _
9/8/2023 AD 4 4454 Cedar, Site visit with fire dept for as-built issues interior and 9/8/2023 AD 4 exterior.
9/8/2023 SW 3 Escalante Meadows, 70' 4" drain.
9/8/2023 FN 5 Escalante Meadows, Bldg 8C,Unlt 101, Footings, forms, steel, ___ 9/8/2023_ FN 5 Escalante Meadows, Bldg 8C,Unil 102, Footings, forms, steel, 9/8/2023 FN 5 Escalante Meadows,�g 8C,Unit 103, Footings, forms, steel, 9/8/2023 FN 5 Escalante Meadows, Bldg SC.Unit 104, Footings, forms, s��-- 9/8/2023 FN 5 Escalante Meadows, Bldg 9C,Unlt 101, Footin�gs�,fo__r_ms_, s�_tee_l_, �----+�- 9/8/2023 FN 5 Escalante Meadows, Bldg 9C,Unlt 102, Footings, forms, steel, ---+----- 9/8/2023
_
FN 5 _ Escalante Meadows, Bldg 9C,Unit 103, Footings, forms, steel, 9/8/2023 FN 5 Escalante Meadows, Bldg 9C,Unlt l04, Footings, forms, steel, 9/��023 Ap _:I 151 Obispo, Site meetir,_g with su er Franco and owners of site. 9/8/2023 FR 5 1151 Obispo, Rough framlng�f�or_ba__thr__oo_m__s. ____ _ 9/8/20231 FR 3 J 151 Obispo, Rough mechanical for bathrooms 9/8/2023' FR 4 151 Obispo, Rough plumbing for bathrooms. 9/8/2023 lFR 1 _ : 151 Obispo, Rough electrical for bathrooms 9/8/2023: FR Z._i 151 �bispo, Rough sprinklers for bathroom. �/2023'��.�- �234 Obispo, Site visit/eva�r car crash into house1 with 9/9/2023' , fire dept, Saturday mornln� call out.
!__
9/11/2023 AD 9 Tucheduhng a�pdate.
9/11/2023:AD j. fouadalupe Cutuural Arts Center, Site v,s1t with fir; dept and Job 9/11/2023 ;AD 4 )�;;per Mr Green.
9/11/2023' AD 4 '151 Obispo, Sile visit with fire �t and job super Franco. 9/11/2023 l SW 3 Escalante Mead�ws, 80' .€'. drain pl�
_ _91!!/2023 F 11 4827 Pagaling. Asphalt shingle reroof final.

X t
--, -x --
X
9/11/2023:F 11 968 Olivera, F�n�I _ADU, attached, cert of occupancy issue.!_ ---- X i 9/11/2023 F 2 968 Olivera, Final electrical.
9/11/2023 F 3 9�Qlivera,Final mechanical.
9/11/2023 F 4 968 Olivera, Final plumbing. ___
9/11/2023 F 6 968 Olivera, Smokies and carbon monox alarms tested. 9/11/2023 SW 6 968 Olivera, Conduit o� roof�
_ '!ll:!/2023 FN 2 1
968 Olivera, Grounding electrode ok.
9/11/2023 FR 1 968 Olivera, Rough �lectrlcal.
9/11/2023 F 2 968 Olivera, Final electrical pv,
9/11/223 0 F 5 968 Olivera, Roof pv faming attachments. 9/11/2023 I AD 4 Site visit with Mr Britton., 11th St
9/12/2023 AD 9
9/12/2023 SW 6
- 9/12/2023 I FN 2
9/12/202�-
I FR 1
9/12/2023-j
F 2
9/12/2023 F 5
9/12/2023_�
9/12/2023 I FR 2
9/1y2023lsw 3
9/12/2023 FR 7
9/12/2023 FR 7
9/12/2023 FR? __
9/12/2023 UN 1
Scheduling and mostly �e���s u date.
242 Pioneer, Co_!:duit on roof, wall.
, 242 Pioneer, Grounding electrode ok.
242 Pioneer, Rough electrical.
242 �oneer, Final electrical pv.
242 Pioneer, Roof pv faming attachments.
14231 La Guardia, Bldg C3, 2nd floor nailing.
4241 La Guardia, Bldg_<:3,_ 2nd _!loor nailing.

Escalante Meadows, 70' 6
., drain pipe, 50' 4" drain pi�_
151 Obisr,o, Rough fire sprinklers, 60,000 sq ft building per plans, ice storage building rough sprinklers ready ��� ����-·
151_9blspo, Special 220 psi �st is approved for commercial building.

Escalante Meadows, Bid 10B Underslab drain plum bin , unit 101.

X
I
f
+
-+
•□avid, 3.25 hrs -+
� ____ 4_ins_ pe� _ctions, 1 site vis!!___ . ____ J
windy, some fog. I �
--+-------""w,l
•
fDavid, 3_.25__h_rs ________ �--------<
9 inspections, 2 pv plan checks
9/6i20231
David, 3� hrs
3 Inspections, 1 site visit.
9/7/2023
David, 5,5 hrs
14 inspections, 2 site visits
9/8/2023[ _J:_____._
4 -+
+
- - - -- ------<
David, 1 hr
I site visit for car crash.
9/9/2023
David,5.25 hrs,
12 Inspections, 2 site visits
9/11/2023
...
'David, 7.0 hrs -t:-:14 -- inspections -
9/12/2023
+
i i
-+-
,.

Building Inspection Log - September 2023

Royal Theatre City Council Update
October 2023
Tom Brandeberry, Project Manager
Funding Agencies Updates
A. EDA—This City has a signed contract with the Federal Economic Development Administration. The award amount is $4,889,121. The initial award required a twophase project, with the EDA only funding the renovation of the theater. Since receiving the CAC funding, the City has been able to convince the EDA that the full scope of the project should be a one-phase project. To do this, a revised application was submitted, and the project was required to go back to an approval committee on April 19, 2023. It was approved and we recently received the approved Amendment 1 to the contract for Ariston to sign. It took this long as it required Legal Counsel approval.
a) We have several items that the EDA must review and approve before we can release the Bid Package, with some items requiring EDA Legal Counsel’s review, which can take 2-3 months to get to the front of their queue:
1) Lien, mortgage: a draft document is presently with the EDA Project Manager. If she approves it will go to the EDA Legal Counsel’s for their review and approval. Once they approve the document’s language, the City will recorded with the County and submit the recorded document to the EDA as
evidence. This is to record the $4,889,121 grant from the EDA for a period of 20 years.

Additionally, there is presently a lien on the property that has been fully satisfied but not removed. The process of removing the lien is being done but not complete.
2) Evidence of Good Title (title is clear and without restrictions).

Held up due to lot merger—was submitted to the EDA Project Manager who returned it for several revisions needed. Once Tom has completed the revision the document will go to the three signers (Architect, City Attorney, and Mayor). Once the revisions are completed and signed off, the package will go back to the Project Manager for a second review and the to the EDA Legal Team for their review and approval.

Agenda Item No. 7H 3.
3) Construction Manager/Inspector RFQ: The RFQ was approved by the EDA and released. However, no company submitted by the close of the RFQ. A revised RFQ was due September 22 and a single submission was received. This will require the EDA Project Manager to approve a “Sole Source”
procurement. The EDA will require that the City officially request the sole source approval and all procurement
documents submitted along with the request. City staff have indicated that the single firm that submitted is very qualified.

Tom has discussed with the EDA Project Manager and is
putting together the sole source request package based on their request. The sole source request was submitted to the EDA Project Manager October 4, 2023. Their review is not complete.
4) Bid Package. The full Bid Package has been submitted to the EDA for the Project Manager’s review and approval. This can take up to 2 months.

It should be noted that as part of this review process the EDA Project Manager has requested that the design plan and
specification be update to the 2022 California Code. The plans were completed in 2021 with 2019 Code.

Until permits are pulled, the Code has to be updated. And permits cannot be pulled until the Lot Merger is finalized, which is why we are update the plans.

City Council approved the design team’s (Andrew Goodwin Design—ADG) add service September 26, 2023 to revise the plans and specification to the 2023 Code.

Possible other corrects maybe needed.
b) While the Lot Merger is approved, it has not been assigned a new, single APN and the new map is not completed and online. We have, however, been able to keep moving forward with EDA requirements via work arounds, except for pulling permits.

B. CAC—The California Arts Council was named in the State’s budget to be the passthrough agency for administering the $5M award. Per the CAC, there is nothing more needed until project completion.

The City received a $8M check from CAC, with $3M being funding for the Housing Authorities’ Escalante Meadows Center. The check for the $3M was in the September 26, 2023, check run and the Housing Authority has signed a document developed Philip Sinco to ensure that want CAC needs regarding the completion of the Escalante Meadows Center project will be given to the City for submission to the CAC, as the City, on some level, is “responsible for the full $8M”.

C. RDA—These are the Successor Agency funds, which the City, to date, has limited there use to the Royal Theatre. Some costs billed to this fund will be able to be reimbursed from one of the two other sources noted above. To correct the January Report, these funds are NOT limited to the Royal Theatre. Therefore, the City will work on a plan to ensure that, if possible, that all funds in A and B above are exhausted first and when appropriate, and feasible, the RDA funds will be reimbursed.

D. HTC—Historic Tax Credits. This process requires three applications, with the first being applying for the building to be federally recognized (completed) and the last being the completion of the project. The middle application is for the State and Federal agencies to review and approve the renovation plans and spec. The State has approved, and we made some changes to satisfy the federal agency (National Park Services). The National Park Services has approved verbally and the City is waiting on an official notice.
a) The City hired Brian Wishneff & Associates, a Tax Credit consultant firm, to manage the HTC process.
b) The City hired Robert Cowan of Bocarsly, Emden, Cowan, Esmail & Arndt to represent the City’s as their Tax Attorney.

E. California HTC. The State’s new tax credit program for historic preservation is still in rule making. There is a possible timing issue (when the program gets the green light to start and if our project is ready to go, or too far along to be eligible). The City, with the help of the above tax consultants/tax attorneys, will apply for these funds if, once the funds are released, will apply for these tax credit allocations.

F. NMTC—The Tax Credit team, again, noted above, has been informed by the City the following is the City’s preference:
a) If the lowest, responsive bid comes in above the available funds (above EDA, CAC, RDA and HTC), the City will apply for NMTC-Construction. b) If the lowest, responsive bid comes in at budget, or with the comfortable amount, allowing some RDA/HTC to be used, the City will apply for NMTCOperating. These funds will allow the City to support/supervise the nonprofit operators for the first 12 month of startup/operating. c) The City can also use NMTC for a combination of start operational costs and gap construction financing.
d) Note: If a or c above are determined to be the way forward with NMTC, it will require the EDA’s approval via an amendment to the award has it adds funds to the construction project.

G. Limited Liability Corporation (LLC). The LLC is being created to facilitate one or more tax credit investments (HTC and NMTC), which investments include requirements such as that the entity receiving the "investment" be an entity other than the City.

The City will create its own LLC, as a taxable separate entity. The City will ground lease the Royal Theatre to the LLC for purposes that will include bringing in one or more of these tax credit investments to further development of the theater project.

One complete, the LLC would then sublease the newly rehabilitated theater facilities to a nonprofit programming provider of the City’s choosing (GVPAC).

H. Revised Timeline:
a) November 2023: EDA Approves Procurement Process for RFQ b) November 2023: EDA will give the City required revisions to Bid Package c) December 2023: City will resubmit Bid Package to EDA for review and approval.
d) December 2023: Inspector hired (Council Approval)
e) January 2024: Bid Package Released
f) March 2024: EDA Approve Procurement of the Construction Company g) April 2024: Council Approves Construction Contract
h) May 2024: Notice to Proceed
i) June 2025: Construction Complete
j) August 2025: Occupancy
CITY ADMINISTRATOR’S REPORT
October 10, 2023
(Information below may be subject to change)

1. Townsend Public Affairs Monthly Grants Memo – City of Guadalupe (October) Attached (1), please find this month’s grants memo.

Townsend is keeping their eye on those CDBG funds and when Guadalupe can take advantage of them, and they are meeting with Recreation and Parks Commission Member Emily Drieling to discuss funding options for the Jack O’Connell Park project. The City Administrator will meet with the management team to discuss grant priorities next week.

2. City of Guadalupe Electric Generator Proposal
City staff met on October 5, 2023, to talk about the City Hall Electric Generator Proposal. This generator will be split up into two parts: material and labor. The city is looking forward to starting your project soon. If there is an outage, the generator can power up the entire city hall building.

3. Organizational Gaps
The City Administrator extends an appreciation to staff and council for your patience in “stepping up” during these recent staffing shortages. As you know, I staff is working on hiring permanent and contract managers. Once the Interim HR Manager is appointed, these are my top recruiting initiatives:
• HR Manager – Posted on 10-3.
• Director of Public Works/City Engineer. No prospects, staff will recommend a combination of a manager/director and outsource for city engineer. New Public Works Manager job description for council consideration soon. • Associate Planner. No prospects, staff will recommend outsource options as we are currently solicitating proposals for planning services. For Council consideration soon.
• Recreation Services Manager. Interviews underway.

The GPOA staff report, resolution and MOU will be considered by council at the 10-24 City Council meeting. City staff will continue negotiations with IAFF and SEIU MOU’s. The City Administrator will present the Public Safety’s counteroffer at the 10-10 Close Session CC Agenda Item No. 8
meeting. We have paused on the City Attorney performance review until the new HR Manager reviews current process. All the other important, yet ministerial HR items, are currently being handled by the City Administrator.

City services are advancing as we continue to achieve the citywide council goals.

4. Central Coast Processing – (better known as 151 Obispo) The Central Coast Processing operation has officially opened its doors for business as a cannabis processer on 10-4-2023. They are hiring 80 employees. All agreements are in place.

The City will start seeing the economic spin off from this project including jobs, purchases, city revenue, and nonprofit contributions. Hdl is contracted with the city to ensure the city receives what was agreed to.

5. Wrangler Jeans Photo Shoot
A Wrangler Jeans Photo shoot was conducted on October 4th at La Simpatia Café.

There were no issues and with a few crew cars/vans and a motorhome.

6. Tribute to Honorable Dianne Feinstein
The City extends its heartfelt appreciation to Dianne Feinstein for her invaluable contributions to the improvement of regional transportation in Santa Barbara County upon her death.

Feinstein was a strong advocate and leader who truly championed the County’s transportation priorities during her time in the Senate – significantly impacting the lives of countless residents and visitors alike. Feinstein’s trailblazing legacy in Santa Barbara County and beyond will undoubtedly leave a lasting impact for generations to come.

7. How a Federal Government Shutdown Effects Transportation Priorities A short-term continuing resolution or a comprehensive spending package has been adopted for another 45 days before another shutdown. Efforts to avoid a shutdown of the U.S. government are faltering, as the House and Senate remain deadlocked over funding levels for the new fiscal year 2024. The absence of any approved appropriations bills means that many federal agencies and programs could be forced to shut down in November, yet again.

However, the House Republicans are split over the number of cuts they want to impose, with some pushing for deep reductions in non-defense discretionary spending and others calling for more targeted savings. This internal division is complicating the negotiations with the Senate, where both parties have already agreed to sizeable increases in defense and domestic spending, but still disagree on specific policies and priorities. As a result, it is increasingly likely that this impasse will result in a shutdown of the federal government.

8. California State Senate gets New President Pro Tempore; Opportunities for Funding Senator Mike McGuire will become the 52nd California State Senate President pro Tempore, succeeding Toni Atkins in 2024. The FY 23-24 state budget, signed by Governor Newsom in June, includes $223.6 billion in General Fund spending and addresses a deficit of $31.5 billion.

The budget assumes the collection of $42 billion from tax revenue by October 15, which could provide an opportunity for fulfilling transportation funding needs when the legislature reconvenes in January. The California Transportation Commission is developing a needs assessment of the state and local transportation system for the next decade, allowing SBCAG to identify priority projects for future funding consideration. The California State Transportation Agency (CalSTA) is implementing the Climate Action Plan for Transportation Infrastructure (CAPTI) to support the California Transportation Plan (CTP) 2050, aimed at meeting the state's climate change mandates and reducing single-occupancy vehicles while encouraging transit and active transportation through the Caltrans System Investment Strategy (CSIS). SBCAG is monitoring this process and will provide an update to the SBCAG Board of Directors in the near future. SBCAG is actively participating in this process SBCAG is tracking 27 priority bills related to transportation, view the bill matrix summary. Gus Khouri of Khouri Consulting LLC shares all this and more in the September State Legislative Update.

END OF REPORT
State Capitol Office ▪ 925 L Street • Suite 1404 • Sacramento, CA 95814 • Phone (916) 447-4086 • Fax (916) 444-0383 Federal Office ▪ 600 Pennsylvania SE • Suite 207 • Washington, DC 20003 • Phone (202) 546-8696 • Fax (202) 546-4555 Southern California Office ▪ 1401 Dove Street • Suite 330 • Newport Beach, CA 92660 • Phone (949) 399-9050 • Fax (949) 476-8215 Central California Office ▪ 744 P Street • Suite 308 • Fresno, CA 93721 • Phone (949) 399-9050 • Fax (949) 476-8215 Northern California Office ▪ 300 Frank Ogawa Plaza • Suite 204 • Oakland, CA 94612 • Phone (510) 835-9050 • Fax (510) 835-9030

Page 1 of 10 ends

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

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

Christine Rose, Senior Associate, Townsend Public Affairs, Inc.

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

Future Opportunities
The month of September saw the end of the 2023 State Legislative Session, meaning the final day for the Senate and Assembly to pass bills and send them to the Governor for consideration.

The Governor has until October 14 to either sign, veto, or take no action on all bills presented to him (no signature will result in the bill becoming law).

In addition to the Governor’s bill activity, the month of October is especially significant this year, due to the tax filing deadline extension, which was a result of several storms that ravaged the State in the earlier part of 2023. Typically, it takes up to one week after key deadlines (October 16 for tax filing this year) for Franchise Tax Board (FTB) to receive and process the bulk of payments. Accordingly, we expect to have a solid good idea of where things are headed financially around Monday, October 23. October revenue collections will significantly affect the way that the Governor’s administration and the Legislature will craft their respective 2024–25 State Budget frameworks.

ATTACHMENT 1

Page 2 of 10 ends

Looking Ahead: Grant Program Highlights
Transportation
Name Awards & Match Description Timeline
California Air
Resources Board
(CARB) &

CALSTART
Clean Off-Road
Equipment Voucher
Incentive Program
(CORE)
Voucher amounts
are dependent on
equipment cost, but
are capped at
$500,000
($1,000,000 for
commercial harbor
craft and
locomotives)
This voucher program is intended
to encourage the purchase or lease
of zero-emission off-road
equipment by providing a
streamlined voucher process to
offset the higher cost of such
technologies. These technologies
include, but are not limited to:
landscaping equipment, cargo
handling equipment, construction
equipment, commercial harbor
craft, and aircraft ground power
units. CORE voucher amounts are
based on the incremental cost
difference between traditional
equipment and new zero-emission
alternatives and exclude taxes and
fees.

Available equipment can be viewed
here: Eligible Equipment Catalog.

Rolling—
voucher
requests are
accepted into
the queue in the
order they are
received.

Department of
Transportation (DOT)
Thriving
Communities
Program (FY 23) –
Recipient
Communities
Award given in
technical
assistance and
other support
The TCP will provide up to $22
million in funding for Capacity
Builders to provide technical
assistance, planning, and capacity
building support to disadvantaged
and under-resourced communities
across the U.S. to help them
advance the transformative
transportation projects needed to
thrive. Local, Tribal, and regional
governments along with their
community partners are invited to
submit a Letter of Interest to
receive no-cost tailored technical
assistance for a two-year period as
well as three years of facilitated
peer learning opportunities.

Application
Deadline:

November 15,
2023
U.S. Department of
Transportation
Electric Vehicle
Charger Reliability
Awards Vary
Approximately $100
million in funding
Eligibility will be limited to the
charging ports identified as broken
or non-operational according to the
list provided by the Alternative
Fuels Data Center. Funds may be
used for publicly or privately owned
Application
Deadline:

November 13,
2023

Page 3 of 10 ends

and Accessibility
Accelerator
20% minimum
match
charging infrastructure, and
chargers must be operational by
September 2024.

California Energy
Commission
Golden State
Priority Project –
EV Charger Rebate
(CALeVIP 2.0)
$100,000 max (per
charger)
$38 million in
rebates available
The Golden State Priority Project
seeks to fund DC fast chargers in
low-income communities in
California. The chargers must be
publicly accessible and located on
a site owned by the applicant.

This opportunity is specifically for
disadvantaged and low-income
communities residing within 28
specific California counties, which
can be found here.

Application
Deadline:

December 12,
2023
Public Safety
Name Awards & Match Description Timeline
Department of
Homeland Security
(DHS)
State and Local
Cybersecurity Grant
Program
TBA
Match Required
The goal of SLCGP is to assist SLT
governments with managing and
reducing systemic cyber risk.
• CalOES is submitting their
cybersecurity plan to
FEMA/DHS by the end of
September.
• CalOES will then publish
information on how local
governments can apply for
funding.
• Email the program officer at
[email protected]
to be added to their listserv
for updates on the program
TBD
Firehouse Subs
Firehouse Subs
Grant Program
$10-25K Average
Award
No Match
Required
The Firehouse Subs Program
provides funding to purchase
equipment or provide training for
first responders in areas where the
restaurant chain operates.

Next
application
opens October
12, 2023 at
7:00 a.m.

Pacific Time
(First 600
applications
accepted)

Page 4 of 10 ends

Department of
Agriculture (USDA):

Forest Service
Community Wildfire
Defense Grant
Program
Creating or
updating a
CWPP:
$250,000 max
award
10% non-Federal
match
Implementing a
project described
within a CWPP:
$10 million max
award
25% non-Federal
match
CWDG is intended to help at-risk
local communities and Tribes plan
for and reduce the risk of wildfire.

This program prioritizes at-risk
communities in an area identified as
having high or very high wildfire
hazard potential, are low-income, or
have been impacted by a severe
disaster that affects the risk of
wildfire. The program provides
funding to communities to:

1. Develop and revise
Community Wildfire
Protection Plans (CWPP).

2. Implement projects
described in a Community
Wildfire Protection Plan that
is less than ten years old.

Application
Deadline:

October 31,
2023
Federal Emergency
Management Agency
(FEMA)
Assistance to
Firefighters Grant
(AFG)
No Award
Maximum
5-15% Match
Required Based
on Population
Administered by the Federal
Emergency Management Agency,
the program provides funding to
help fire departments with critically
needed resources to protect the
public; to train emergency
personnel, and to foster
interoperability and support
community resilience, as well as
enhance through direct financial
assistance, the safety of the public
and to provide a continuum of
support for emergency responders
regarding fire, medical, and all
hazard events.

NOFO
Expected By
End of 2023
Federal Emergency
Management Agency
(FEMA)
Staffing for
Adequate Fire and
Emergency
Response (SAFER)
No Award
Maximum
35% Match
Required
The FEMA SAFER grant program
assists local fire departments with
staffing and deployment capabilities
to respond to emergencies and
assure that communities have
adequate protection from fire and
fire-related hazards.

NOFO
Expected By
End of 2023

Page 5 of 10 ends

Parks and Recreation
Name Awards & Match Description Timeline
Game Time
Community
Champions
Playground Grant
Apply for 100%
matching funds
towards a
playground system
GameTime is offering up to 100%
matching funds on playground
systems, helping your community
bring play to more children and
families. The playground grant
funds are available for the
purchase of new play systems
based on need and on a first-come,
first-served basis.

Application
Deadline:

October 20,
2023
California Coastal
Commission
Whale Tail Grants
Approximately $2
million available
Max Award:
$50,000
25% of funded
projects will be
small grants of up
to $20,000
No Match
Required.

Whale Tail grants support
experiential education and
stewardship of the California coast
and its watersheds. Projects must
relate to the coast and ocean and
may fall into one or more of the
following categories: 1) youth
education programs, 2) programs
for educating the general public or
adults, 3) climate change
education and stewardship, 4)
shoreline cleanup and
enhancement programs with
community involvement.

Projects that engage communities
that have historically received
fewer opportunities for coastal and
marine education and stewardship
are highly encouraged.

Application
Deadline:

November 6,
2023
California Department
of Parks and
Recreation
Outdoor Equity
Grants Program
Minimum grant
request per
Community Home
Base: $20,000
Maximum grant
request per
Community Home
Base: $700,000
No Match
Required
The Outdoor Equity Grants
Program (OEP) improves the
health and wellness of Californians
through new educational and
recreational activities, service
learning, career pathways, and
leadership opportunities that
strengthen a connection to the
natural world. OEP’s intent is to
increase the ability of residents in
underserved communities (with an
emphasis on youth) to participate
in outdoor experiences within their
community, at state parks, and
other public lands.

Application
Deadline:

December 14,
2023

Page 6 of 10 ends

California Department
of Parks and
Recreation
Statewide Park
Development and
Community
Revitalization
Program: Round 5
TBA Statewide Park Program (SPP)
competitive grants will create new
parks and new recreation
opportunities in critically
underserved communities across
California. SPP embraces
meaningful engagement with local
residents where park designs
represent each community’s
unique recreation needs and
creativity.

TBA 2024
Water
Name Awards & Match Description Timeline
Bureau of
Reclamation: Water
Resources and
Planning Office
WaterSMART
Drought Response
Program: Drought
Resiliency Projects
for Fiscal Year (FY)
2024
Min Award:
$25,000
Max Award:
$5,000,000
Domestic Water
Supply Projects for
Tribes for
disadvantaged
communities
require a 5%
percent nonFederal costshare.

All other projects
require a 50%
non-federal costshare.

This program will fund projects that
can increase water management
flexibility—making our water supply
more resilient to the impacts of
drought and water supply
shortages. Projects may be divided
into four task areas:

A. Increasing the Reliability of
Water Supplies through
Infrastructure
Improvements.

B. Increasing the Reliability of
Water Supplies Through
Groundwater Recovery.

C. Projects to Improve Water
Management through
Decision Support Tools,
Modeling, and
Measurement.

D. Construction of domestic
water supply projects for
Tribes or disadvantaged
communities that do not
have reliable access to
water supplies.

Application
Deadline:

October 31,
2023

Page 7 of 10 ends

Community Development
Name Awards & Match Description Timeline
California Natural
Resources Agency
Urban Greening
Grant
Awards Vary
Total Available:
$23,700,000
No Match
Required
Urban Greening Program will fund
projects that reduce greenhouse
gases while also transforming the
built environment into places that
are more sustainable, enjoyable,
and effective in creating healthy
and vibrant communities. These
projects will establish and enhance
parks and open space, using
natural solutions to improve air and
water quality and reducing energy
consumption, and creating more
walkable and bike-able trails.

Application
Deadline:

November 13,
2023
Award
Announced:

Fall 2024
Department of
Resources Recycling
and Recovery
(CalRecycle)
SB 1383 Local
Assistance Grant
Program
Estimated Funding
Amounts Available
Here
$90,000,000
available FY 2022-
2023
*Guadalupe is
eligible to receive
$75,000*
This is a noncompetitive grant
program meant to assist local
governments with the costs
associated with compliance of SB
1383 (2016), regarding organic
waste disposal. Funding may be
used for: collection, edible food
recovery, capacity planning,
education and outreach, and more.

Application
Deadline:

November 15,
2023
Grants
Awarded March
2024
Department of
Resources Recycling
and Recovery
(CalRecycle)
Tire-Derived
Aggregate (TDA)
Grant Program
Max Award:
$375,000
This program provides
opportunities to divert waste tires
from landfill disposal, prevent
illegal tire dumping, and promote
markets for recycled-content tire
products.

Application
Deadline:

December 6,
2023
Grants
Awarded
February 2024
California Public
Utilities Commission
(CPUC)
California Advanced
Services Fund
(CASF) Adoption
Account
$20.024 million
available for FY
2023–24
Moneys in the CASF Adoption
Account are available award grants
to increase publicly available or
after-school broadband access
and digital inclusion, such as
grants for digital literacy training
programs and public education to
communities with limited
broadband adoption. The
Commission is required to give
preference to programs and
projects in communities with
Application
Cycle
Deadlines:

January 1, 2024
July 1, 2024
January 1, 2025

Page 8 of 10 ends

demonstrated low broadband
access, including low-income
communities, senior citizen
communities, and communities
facing socioeconomic barriers to
broadband adoption. Eligible
projects include digital literacy and
broadband access projects.

Housing and
Community
Development
Community
Development Block
Grant Program
(CDBG)
TBA CDBG partners with rural cities and
counties to improve the lives of
their low- and moderate-income
residents through the creation and
expansion of community and
economic development
opportunities in support of livable
communities. Projects must
address one of three national
objectives:
• Benefit to low- and
moderate-income persons
• Aid in the prevention or
elimination of slums and
blight, or
• Meet an urgent need
TBA
NOFO
expected to be
released
September
2023.

Applications
expected to be
due December
2023.

Housing and
Community
Development
Permanent Local
Housing Allocation
(PLHA)
TBA PLHA provides funding to local
governments in California for
housing-related projects and
programs that assist in addressing
the unmet housing needs of their
local communities. Funding will:
• Increase the supply of
housing for households at
or below 60% of area
median income
• Increase assistance to
affordable owner-occupied
workforce housing
• Assist persons
experiencing or at risk of
homelessness
• Facilitate housing
affordability, particularly for
lower- and moderateincome households
There are two types of
assistance under PLHA: formula
grants and competitive grants.

TBA
NOFO for the
Formula
program is
expected to be
released in
September
2023.

NOFO for the
Competitive
program is
expected to be
released in
October 2023.

Applications
expected to be
due October
2023 to March
2024, and
December 2023
respectively.

Page 9 of 10 ends

Governor’s Office of
Planning and
Research
ICARP Adaptation
Planning Grant
Program
TBA This program provides funding to
help fill local, regional, and tribal
planning needs, provides
communities the resources to
identify climate resilience priorities,
and supports the development of a
pipeline of climate resilient
infrastructure projects across the
state.

TBA
Economic
Development
Administration (EDA)
FY 2023 EDA Public
Works and
Economic
Adjustment
Assistance (PWEAA)
Programs
Min Award:
$100,000
Max Award:
$30,000,000
EDA supports bottom-up strategies
that build on regional assets to spur
economic growth and resiliency.

EDA encourages its grantees
throughout the country to develop
initiatives that present new ideas
and creative approaches to
advance economic prosperity in
distressed communities. Through
this NOFO EDA intends to
advance general economic
development in accordance with
EDA’s investment priorities, but
also to pursue projects that, where
practicable, incorporate specific
priorities related to equity,
workforce development, and
climate change resiliency so that
investments can benefit everyone
for decades to come.

Ongoing
MLB-MLBPA Youth
Development Fund
(YDF)
MLB-MLBPA Youth
Development Fund
(YDF) Grant
The foundation
does not set a
funding range for
grant requests.

No Match
Required.

MLB-MLBPA Youth Development
Foundation (YDF) is a joint
initiative by MLB and MLBPA to
support efforts that focus on
improving the caliber,
effectiveness and availability of
amateur baseball and softball
programs across the United States
and internationally. The program
supports capital projects (field
lighting, renovations, and
construction), baseball and softball
programs, education initiatives,
and school/school club
infrastructure equipment.

Ongoing

Page 10 of 10 ends

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

Organizations may submit a total
number of 25 applications and/or
receive up to 25 grants within the
2023 grant cycle.

Ongoing
Agenda Item No. 10

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of October 10, 2023
_Hannah Sanchez_______________ __________________________________ Prepared by: Approved by:

Hannah Sanchez, Recreation Services Manager Todd Bodem, City Administrator SUBJECT: Appointment of one vacant seat to the Recreation and Parks Commission RECOMMENDATION:

It is recommended that the Council appoint one of the two interested individuals to the Recreation and Parks Commission to fill the vacant seat.

DISCUSSION:

Two individuals sent in letters of interest for the vacant seat: Arnulfo Navarro III and Mike Rochlin.

Please see the attached letters of interest to review each applicant’s qualifications.

ATTACHMENTS:

1. Letter of Interest from Arnulfo Navarro III

2. Letter of Interest from Mike Rochlin
To whom it may concern:

Growing up in Guadalupe I took advantage of recreational sports. As a young pup I was a part of the youth tee ball team, Saturday morning basketball at city hall with Joe Harris, and the first returning bulldogs football team with Enrique Ortiz.

Having an outlet such as the sports rec programs provided me with certain skills, not only athletic, but as well as social. As I get older, I see the importance of programming for not only our youth, but our community at large. Although I'm grateful for the youth sports programs in Guadalupe, there is a gap between the arts and the engagement of our community; a gap I intend to help bridge for a broader set of skills for our community.

Through experiences such as Allan Hancock's preschool childcare program, working with W.O.L.F.

Outdoor School and leading trail groups, organizing poetry jams in town, helping run programs with Tsa Ho fa Horse Corps., as well as other events and programs in our community that i have either supported or participated in. Taking all that I've learned through the many experiences I've had I look towards the future to better my community.

Recently I have come into a full-time position with The Little House by the Park and the Community Changers to lead programs and events in our community. With this being my focus, I believe that I am in an optimal position to do great work in this community for everyone of all ages to enjoy. I believe I will have valuable insight into the parks and rec department and will help deliver consistent, fun, and enriching events and programming for our community.

Thank you for your consideration.

Sincerely,
Arnulfo Navarro III
ATTACHMENT 1
ATTACHMENT 2

Page 1 of 4 ends

Agenda Item No. 11

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of October 10, 2023
_______________________________ _________________________________ Prepared by: Approved by:

Philip F. Sinco, City Attorney Todd Bodem, City Administrator SUBJECT: Street Tree Ordinance Update

RECOMMENDATION
That the City Council introduce Ordinance No. 2023-512 by title only for the first reading, and to continue to its meeting of October 24, 2023, for second reading and adoption.

BACKGROUND
Chapter 12.12 of the City of Guadalupe Municipal Code (GMC) is called the “Street Tree Ordinance.” (GMC, §12.12.010.) This ordinance was originally enacted in 1959 and has never been amended. The ordinance authorizes the City (through the Planning Commission) to enforce the ordinance’s requirements, which include the following provisions:
• No trees (or shrubs) shall be planted in or removed from any public parking strip or other public place without City approval.
• It is a violation to injure (or abuse) any tree, shrub or plant in a public parking strip or any other public place.
• The City may perform maintenance on any trees (or other vegetation) in any parking strip or other public place, orit may require any property owner to perform this maintenance in a parking strip abutting upon the owner’s property.
• The City may remove “dangerous” trees or may require the property owner to remove them when in a parking strip abutting the owner’s property.
• City decisions affecting a property owner may be appealed to the City Council. • Violations of the ordinance are infractions (i.e., fines that may not exceed $100 for a first violation).

Philip F. Sinco

Page 2 of 4 ends

“Parking strip” is not defined in the ordinance, but the obvious interpretation of this term is the “strip” of land (usually grass) located between the curb and gutter of a public street and a public sidewalk. The area between the middle of a public street to (and over) a sidewalk is usually public right-of-way, which means that even if this land is owned by a private person, the “rights” over the property are usually extremely limited since a public right-of-way is an easement that essentially grants a local jurisdiction almost complete control over the property. The term “parking strip” is defined in this manner in the proposed ordinance.

Over the years, there have been situations when a “street tree” as described in the ordinance requires maintenance. Typically, this maintenance only requires the tree branches to be trimmed to allow pedestrians to freely use the sidewalk when the branches hang down too low over it. Other times, a dead or diseased tree may be a “dangerous” tree that requires removal. Recently, there have been several situations where the City (through Code Compliance) has directed the owners of properties with “street trees” to perform maintenance on the trees, but the owners have refused to do so on the grounds that the City is responsible for maintaining these street trees since it “owns” them.

Contrary to what these property owners have asserted, the Street Tree Ordinance clearly provides that the City may order private property owners to maintain street trees. The problem is that the Planning Commission is designated as the enforcement authority for the ordinance on behalf of the City. The Planning Commission was terminated in the City a number of years ago and the City Council has assumed all of the former duties and responsibilities of the Planning Commission. Under the ordinance, if a property owner disagreed with a decision by the Planning Commission, the property owner could appeal it to the City Council, but since the City Council is now the enforcement authority for the Street Tree Ordinance, its decisions cannot be appealed to itself. Presently, staff would need to request the City Council to order a property owner to maintain a street tree, and if the Council did so, the property owner would have to file a petition for a writ of mandate in the superior court to overturn the Council’s decision.

Staff believes that this is unnecessarily burdensome to a property owner. Additionally, staff does not believe that the City Council should be the primary administrator or enforcer of the Street Tree Ordinance. The City Council’s appropriate role, so far as staff is concerned, is to hear appeals brought by property owners who disagree with an order from the City to maintain (or remove) a street tree.

To address this issue, as well as to confirm the City’s authority to require private property owners to perform maintenance on street trees (including removal of dangerous trees) when directed to by the City, staff has proposed some amendments to the City’s street tree ordinance for the Council’s consideration.

DISCUSSION
The most important proposed change to the street tree ordinance is designate the Director of Public Works (or designee) in place of the Planning Commission (and, thus, City Council) as the administrator and enforcer of the ordinance. Another proposed change is to expressly provide that the Director (or designee) may request assistance from Code Compliance. This change would reflect the City’s current practice in these matters, which is ineffective when a property owner refuses to comply since only the City Council has the authority under the current provisions of the ordinance to direct a property owner to perform maintenance (or remove) a street tree. Staff has, understandably, been reluctant to bring such a matter to the Council on those few occasions when they are arisen.

Page 3 of 4 ends

Another significant amendment to the ordinance is to change the penalty for a violation from an infraction to a misdemeanor. The purpose of changing the criminal penalty from an infraction (which carries a maximum fine of $100 for a first violation GMC, § 1.08) is to create a more significant deterrent for violations of the ordinance (including failure to comply with the City’s directions). A misdemeanor carries a fine of up to $1,000. Although a misdemeanor can result in jail time (unlike an infraction), the City has no intention of seeking any jail time for a violation of the street tree ordinance (and it is extremely unlikely that a court would impose any jail time for such a violation). The purpose is to allow Code Compliance to issue administrative fines of up to $1,000, if necessary, to obtain compliance.

Finally, the last significant proposed change to the ordinance is to make it clear that if the City directs a private property owner to perform maintenance on or remove a tree, it shall be at the sole cost of the property owner.

Obviously, staff is seeking Council’s confirmation of the requirements of the existing ordinance that the City has the authority to require a private property owner to maintain or remove a tree at the property owner’s expense. This is already the current law in the City, but the additional language will make it clear that the private property owner is solely responsible for the expense of the required maintenance or removal. (That is not to say the City MUST require this expense to be completely borne by the property owner: the City might choose to do the maintenance or removal work itself or have funds available to assist the property owner). Staff understands, and respects, that this may be a difficult decision for the City Council.

On the one hand, it does seem rather unfair to require property owners to maintain trees that essentially belong to the City. In most cases, the property owner did not plant the street tree and might prefer to remove it rather than bear the expense of having to maintain it. The City Council could certainly make a policy decision that this expense should be borne solely by the City, and not by the property owners; but the Council is also painfully aware that the City does not have sufficient revenue at this time to solely bear this expense.

On the other hand, there are justifications for placing the burden of maintaining street trees on the owners of the properties where they are located. For one thing, trees are beneficial by providing shade, increasing the value of the property, and adding aesthetic appeal, and therefore, property owner derive the most benefit from street trees.

There is also a specific public policy to encourage public entities to plant trees and develop urban forests. (California Urban Forestry Act of 1978 (CUFA), Public Resources Code (PRC), §§ 4799.06, et seq.) In fact, the City recently received a CALFIRE grant in the amount of $170,739.49 to complete a Guadalupe Urban Forest Management plan. The grant will include GIS mapping and identification of all trees inside the City of Guadalupe, creation of a long-term plan for the maintenance of existing trees and the potential locations and types of future trees and a local ordinance to address the requirements for tree planting and maintenance on both private and public property. Urban forests help to filter air, control storm water, conserve energy, and add economic value to communities. Therefore, it is essential that the City of Guadalupe work towards protecting and maintaining its urban forest.

Page 4 of 4 ends

FISCAL IMPACT:

If the Council adopts the proposed ordinance, the impact to the general fund will be considerably less than if the Council rejects the proposed ordinance and makes a policy decision to place the burden of maintaining street trees solely upon the City. If the Council adopts the proposed ordinance, there will be some minor impacts to the general fund, but some of these costs may be partially offset by successful code compliance activity.

ATTACHMENTS:

1. Ordinance entitled “An Ordinance of the City of Guadalupe Amending Chapter 12.12 of Title 12 Regarding Street Trees.”
ORDINANCE NO. 2023-512
AN ORDINANCE OF THE CITY OF GUADALUPE, CALIFORNIA, AMENDING CHAPTER 12.12 OF TITLE 12 OF THE GUADALUPE MUNICIPAL CODE REGARDING STREET TREES WHEREAS, the Chapter 12.12 of Title 12 of the Guadalupe Municipal Code (the “Street Tree Ordinance”) was enacted in 1959, and has not been updated since; and WHEREAS, the purpose of the Street Tree Ordinance was to regulate the planting of trees (and other vegetation) in public places including “parking strips” and to protect these and other existing trees (collectively referred to as “street trees”) from injury or abuse as well as provide for required maintenance of street trees (or in the case of dangerous trees, their removal) either by the City or by the owner of the property where street trees were located if so ordered by the Planning Commission; and
WHEREAS, the elimination of the Planning Commission and need to provide for a more efficient way to administer and enforce the Street Tree Ordinance requires the updating of the ordinance; and
WHEREAS, the updates to the Street Tree Ordinance will affirm the value and importance of maintaining the City’s “urban forest” as recognized by a public policy of the state of California in Public Resources Code sections 4799.06, et seq.

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

SECTION 1. Chapter 12.12 of Title 12 of the Guadalupe Municipal Code is hereby amended to read as follows:

12.12.010 Title for citation.

The ordinance codified in this chapter shall hereafter be referred to as the “Street Tree Ordinance” of the City.

12.12.020 Enforcement authority.

The Planning Commission, Director of Public Works, or its duly authorized representativedesignee, shall be charged with the enforcement of this chapter. The Director of Public Works, or designee may request assistance for enforcement from Code Compliance.

12.12.030 Public plantings—Permission required.

No trees or shrubs shall hereafter be planted in or removed from any public parking strip or other public place in the City without permission from the Planning Commission Director of Public Works or duly authorized designee. For purposes of this Chapter, “parking strip” shall refer to any portion of a City easement over privately owned property adjacent to a City street and between the sidewalk.

ATTACHMENT 1

12.12.040 Street tree plan.

All trees and shrubs hereafter planted in any public parking strip or other public place in the City shall conform as to species and location with the recommendation of the Director of Public Works or duly authorized designeePlanning Commission, or to the street tree plan of the City, which are hereby made a part of the ordinance codified in this chapter.

12.12.050 Trimming and removal conditions.

The Planning Commission, or its duly authorized representative Director of Public Works or duly authorized designee, may cause to be trimmed, pruned or removed any trees, shrubs, plants or vegetation in any parking strip or other public place, or may require any property owner to trim, prune or remove any trees, shrubs, plants or vegetation in a parking strip abutting upon the owner’s property at the sole cost of the owner, and failure to comply therewith after 15 days’ notice by the Planning Commissionfrom Director of Public Works or duly authorized designee, or from Code Compliance, shall be deemed a violation of this chapter.

12.12.060 Dangerous trees deemed nuisance.

Any tree or shrub growing in a parking strip or any public place, or on private property, which is endangering or which in any way may endanger the security or usefulness of any public street, sewer, sidewalk, or the full and safe operation of public utility wires, is hereby declared to be a public nuisance, and the City may remove or trim such tree, or may permit any public utility to do so, or may require the property owner to remove or trim any such tree on private property or on a parking strip abutting upon such owner’s property at the sole expense of the property owner. Failure of the property owner or his or her duly authorized agent to comply therewith, within 30 days after notice from Director of Public Works or duly authorized designee, or from Code Compliance, shall be deemed a violation of this chapter, and subject to the penalties set forth in Section 12.12.100.

12.12.070 Appeal procedures.

Appeals from directions and orders made under this chapter may be made by filing written notice thereof with the City Clerk within 10 days after such direction and order is received, stating in substance that appeal is being made from such direction and order to the City Council. The City Clerk shall thereupon call such appeal to the attention of the City Council at the next regular succeeding meeting, or otherwise as soon as possible but no later than within 45 days, at which meeting the appellant and the from Director of Public Works or duly authorized designee, or from Code Compliance Planning Commission may present evidence. Action taken by the City Council after such hearing shall be conclusive, and in the event the City Council shall uphold the decision of the from Director of Public Works or duly authorized designee, or from Code CompliancePlanning Commission, the property owner or his or her duly authorized agent shall have 10 days thereafter to comply with such notice.

12.12.080 Public utility trimming restrictions.

Nothing contained in this chapter shall be construed as limiting the right of any public utility to remove or trim trees which, in its opinion, endanger the safe operation of its wires, poles and appurtenances.

12.12.090 Injuring or destroying trees or plants prohibited.

It is a violation of this chapter to abuse, destroy or mutilate any tree, shrub or plant in a public parking strip or any other public place, or to attach or place any rope or wire (other than one used to support a young or broken tree), sign, poster, handbill or other thing to or on any tree growing in a public place, or to cause or permit any wire charged with electricity to come in contact with any such tree, or to allow any gaseous, liquid or solid substance which is harmful to such trees to come in contact with their roots or leaves.

12.12.100 Violation—Penalty.

Any person guilty of violating any of the provisions of this chapter, or performing any act declared by this chapter to be unlawful, shall be deemed guilty of a misdemeanor or an infraction, depending on the discretion of the City Attorney when filing the criminal complaint, and upon conviction thereof shall be punished by a fine in accordance with the general penalty provision then effect in the City, pursuant to Chapter 1.08 of this code, as amended. In addition to or in lieu of criminal prosecution, from Director of Public Works or duly authorized designee, or from Code Compliance may pursue the administrative remedies set forth in Chapter 1.10 and 1.11 of this Code.

SECTION 2. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA guidelines, and has been found to be exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 15060(c)(3) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations) because the activity is not a project as defined in Section 15378 and Section 15061(b)(3) of the CEQA Guidelines, because the activity is covered by the general rule which exempts activities that can be seen with certainty to have no possibility for causing a significant effect on the environment.

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

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

INTRODUCED at a regular meeting of the City Council on the 10th day of October 2023, and PASSED AND ADOPTED at a regular meeting of the City Council on the 24th day of October 2023 by the following roll call vote: Motion
AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Amelia Villegas, City Clerk

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

← All documents from this meeting