MINUTES
City of Guadalupe
Regular Meeting of the Guadalupe City Council
Tuesday, October 10, 2023, at 6:00 pm
City Hall, 918 Obispo Street, Council Chambers
1. ROLL CALL:
Council Member Christina Hernandez
Council Member Gilbert Robles
Council Member Megan Lizalde
Mayor Pro Tempore Eugene Costa Jr.
Mayor Ariston Julian
Mayor Julian called the meeting to order at 6:00 p.m. All members were present. (Note: The abbreviation, "CM", for "Council Member" will be used in these minutes.)
2. PLEDGE OF ALLEGIANCE
3. MOMENT OF THANKS, APPRECIATION OR CONDOLENCES.
Mayor Julian asked to remain standing for a moment of silence for the victims and family members of the conflict in Israel/Gaza; for the earthquake victims in Afghanistan, and those who have perished or have been injured during the war in Ukraine. The mayor said, "Looking at what's happening in the world, what we're dealing with locally is nothing here. Things are put into perspective."
4. AGENDA REVIEW
There were no requests to make changes to the agenda.
5. CEREMONIAL CALENDAR
a. Proclamations:
1. Hispanic Heritage Month 2023
CM Hernandez read the proclamation acknowledging "Hispanic Heritage Month" - September 15 - October 15, 2023. It read in part: In 1968 under President Lyndon Johnson Hispanic Heritage Week started...President Reagan expanded the observation in 1988 to cover a 30-day period...it was enacted into law on August 17, 1988. The period between September 15th-September 18th, numerous countries in Latin America, Mexico and Chile achieved independence... throughout the history of the United Staes, members of the Hispanic October 10, 2023 City of Guadalupe Council Meeting Minutes Page 1 of 15 community have helped shape the social, political, and economic landscape of this Country and our community...the City of Guadalupe invites all members of the community to celebrate 2023 Hispanic Heritage Month.
Mayor Julian said, , "When it says my name on the proclamation, it also includes all of the City Council.
2. Filipino American History Month - October 2023
CM Robles acknowledged October as "Filipino American History Month". He read the proclamation which in part said: Filipino American History Month was established in 1988 to commemorate the arrival of the first Filipinos who landed in what is now Morro Bay, California on October 18, 1587...the year 1763 is recognized by the Filipino American National Historical Society (FANHS) as the date of the first permanent Filipino settlement in the United States in Santa Malo Parrish, Louisiana. In 2006, October was first recognized as Filipino American History Month by California Department of Education, [followed by] the 111th Congress and then the California State Legislature...the heritage of the Filipino people enriches our own culture, and we welcome the history, culture, and contributions of the Filipino American community to our city, state, and the nation.
3. Breast Cancer Awareness Month - October 2023
CM Lizalde read the proclamation which stated that October 2023 is "Breast Cancer Awareness Month". The proclamation, in part said: Breast cancer is one of the most commonly diagnosed cancers among women. Breast Cancer Awareness Month began in 1985...more than 43,000 women die from breast cancer each year in the United States...nearly 300,000 new cases of breast cancer are expected to be diagnosed in 2023..screening increases early detection...decreases late-stage cancer diagnoses, and increases five-year survival rates...this is an opportunity for the City of Guadalupe and all of our community to "Go Pink" in October to raise awareness, promote early screen, and honor those affected by breast cancer...join in this worthwhile cause to celebrate successes and memorialize lost battles.
The mayor said that it is important to recognize all. It's unfortunate that there aren't a lot of people to see the proclamations, and the history these individuals have and also on the breast cancer subject.
CM Hernandez also added the following:
"Hispanic Heritage Month" is a reminder of the value of diversity and inclusivity in our community. It encourages us to be open-minded and welcoming to people from all backgrounds, while we celebrate our achievements. Hispanic Heritage Month is also a call to action. It encourages civic engagement, participation in local government, and advocacy for the issues that affect our community."
"Filipino American History Month" is a time to celebrate and honor the rich and diverse culture, history, and traditions of the Filipino community in the United States. This month serves as a reminder to share stories, traditions, and values that are central to the Filipino October 10, 2023 City of Guadalupe Council Meeting Minutes Page 2 of 15 identity. We should acknowledge challenges that Filipino Americans may face, including issues related to immigration, discrimination, and healthcare disparities. This month can provide a platform to address these challenges.
CM Lizalde said, "For Breast Cancer Awareness Month, if all of us in this room shared that message with other family members, relatives and our community, that's how this information gets spread and maybe could save someone's life...something as simple as discussing Breast Cancer Awareness Month. I really appreciate this proclamation coming up, too."
6. COMMUNITY PARTICIPATION FORUM
Request to Speak:
Amelia Villegas mentioned that on Saturday, October 21st, the Friends of the Guadalupe Library will be having a "Free Book Giveaway" at the Guadalupe Library. She said, "There will be books at all levels, from tots up through adults. We won't have as many books in Spanish this time because of the Cinco de Mayo event at Le Roy Park where we also gave away books. You don't need a library card to get a free book or two. So, if you don't have a card, you can get one that day. The card is free. You just have to show residency. The giveaway will only be for one hour, between 11:00 a.m. to 12 noon. We hope to see you out there."
CM Lizalde, "It's so great that you're doing a book giveaway. Where I work in the school, in the library, we recognize that we're a book desert. In Guadalupe, in our homes, on average, it's likely that there are only about 10 books in a home. We're seeing that in our children... they're unable to read due to lack of access to books. I really want to promote any event that will put books in our homes. So, I'm really grateful that you're doing that and thank you for announcing it." Mayor Julian added, "This past weekend at the Mayors Ball, United Way showed a video of a little girl who was 4 years old reading a book to her mother. Fourteen years later, she's 18, they had a video of her reading that book, going to college and really taking off because of that platform of reading a book and reading to her mom. Her mother didn't prompt her...she was just reading." CM Lizalde said, "It's incredible to see right now, especially with this generation, things with technology because technology can easily read to us. Unfortunately, our kids are just not able to read, and it's really putting them behind in school. The more we can promote reading, whether it's a newspaper, a magazine, little booklet, the more books we can put in children's and family's hands... Plus just for mental health which we've discussed before at previous meetings. For adults, reading is a great way to support mental health...to get off streets...to do something different. So, anyway we can promote books in our community, I just think it helps everyone."
CONSENT CALENDAR
The following items are presented for City Council approval without discussion as a single agenda item in order to expedite the meeting. Should a Council Member wish to discuss or disapprove an item, it must be dropped from the blanket motion of approval and considered as a separate item.
October 10, 2023 City of Guadalupe Council Meeting Minutes Page 3 of 15 Waive the reading in full of all Ordinances and Resolutions. Ordinances on the Consent Calendar will be adopted by the same vote cast as the first meeting unless City Council indicates otherwise.
B. Approve payment of warrants for the period ending October 2, 2023.
C. Approve the Minutes of the City Council regular meeting of September 26, 2023.
D. Adopt Resolution No. 2023-80 declaring Finance office furniture to be surplus and authorizing its disposal.
Adopt Resolution No. 2023-81 authorizing the City to open a Public Money Market Account (PMMA) with Mechanics Bank.
Adopt Resolution No. 2023-82 approving a subgrant agreement with the Santa Barbara County Water Agency to secure $989,665.00 in Proposition 1 Integrated Regional Water Management (IRWM) grant funding for the Pioneer Lift Station Rehabilitation Project.
G. Adopt Resolution No. 2023-83 approving Amelia M. Villegas as Interim Human Resources Manager pursuant to Government Code Section 21221(h).
H. MONTHLY REPORTS FROM DEPARTMENT HEADS
1. Planning Department report for September 2023
2. Building Department report for September 2023
3. Royal Theater Update by Tom Brandeberry
No items were pulled.
Motion was made by Council Member Lizalde and seconded by Council Member Robles to approve the full Consent Calendar. 5-0 Motion passed.
8. CITY ADMINISTRATOR REPORT: (Information Only)
In addition to Mr. Bodem's written report, he discussed the following:
151 Obispo Cannabis Odor: I had received a called from a council member and other citizens about a bad odor coming out of the 151 Obispo project. I was told by Chris Bellemy from 151 Obispo that the carbon scrubber, which is the device they use to control odor, had a defective part right out of the box. The VFD that controls the velocity of the fans would not let the dial down on the speed, so it was only allowing them to be operating at full blast. The problem with that is it doesn't allow the carbon filters to scrub the air and eliminate the odor. They decided just to turn the unit off until the new part arrives. After the unit was off, they went out back and did not detect any odor. They are working on fine tuning all the systems and they should be good by the end of the week.
Grants:
October 10, 2023 City of Guadalupe Council Meeting Minutes Page 4 of 15 Aside from the city approving, under the Consent Agenda, a subgrant agreement with Santa Barbara County Water Agency to secure $989,655 in Proposition 1 integrated Regional Water Management (IRWM) grant funding for the Pioneer Lift Station Rehabilitation Project, the City just got awarded the following other grants:
1. City of Guadalupe Transit Hub Renovation Project $1,310,000. This project involves upgrading the City's Amtrak station to a multimodal transit hub. Project includes implementing a public restroom, electric vehicle charging infrastructure, bicycle amenities, pervious pavers, improved signage, and site beautification upgrades. The site was originally designed for an average of 23 train passengers but now must accommodate an additional 140 passengers per day that ride the City's fixed route bus system. The site is located adjacent to both the railroad and Highway 1 and is on a very popular bicycle touring route.
2. Award Notification Letter that congratulates the city for obtaining an approved grant of $3,534,908 for the 2023 Sewer Enhancement Project (Hwy 1 lift station) which is a CDBG Non- Housing OTC award.
Mr. Bodem then turned to Mr. Dwayne Chisham, Interim PW Director, for an update on Phase 2 at Le Roy Park. Mr. Chisham said, "Currently, we're in the environmental phase. There is a tribal comment period that will end in two (2) days. Once that's over, we can then apply for the grant and move forward. We have an architect on board and can move forward with the actual process once the grant is awarded, pending getting the final environmental documentation." Mayor Julian asked about the tribal comment. He said, "Because of some ground disturbance there at the Royal Theatre, we needed a tribal auditor. There was a communication with one of the groups that was to actually sign up and say that they're going to be a monitor. Now, you say in two (2) days it's going to be..." Mr. Bodem said, 'It's the same group that answered and didn't have any issues with the Phase 1 of Le Roy Park, so they probably won't have any issues with this. It really covered the whole site anyway. So, I don't think there will be anyone there to monitor the site." Mr. Chisham added that the whole site's been cleared once before.
Mr. Bodem also added that the Ms. Anna Marie Michaud, City Treasurer, asked him to say that the Treasurer's Report was delayed as the Finance Department is still reconciling the books. Ms. Davis, Finance Director, said, "January now. We have six (6) months left to reconcile." CM Hernandez asked, "I expected to see electric buses in town. When will that happen?" Mr.
Chisham said there was a slight delay due to a part needed which has just arrived and is getting installed today...it's in process.
CM Robles mentioned that 151 Obispo discussed previously that there was a commitment to be invited to get a tour. Mr. Bodem said, "Once they get acclimated, they definitely will set that up.
They made a point of telling me that."
October 10, 2023 City of Guadalupe Council Meeting Minutes Page 5 of 15
9. DIRECTOR OF PUBLIC SAFETY REPORT: (Information Only) I did a tour of the 151 Obispo facility and checked out all the cameras and signed off on all the sprinklers and all the other systems. The parking lot... / met with their security person who will be stationed inside of the gate. Employees are not allowed to head out once they're in, so no product leaves the facility. I have access to their camera systems. I saw where all their cameras and all their screens are to make sure that the City has proper access to all their camera systems. They're being a good partner.
I am somewhat finished on our public safety. We're looking at a restructure. We've been meeting with another department north of here. The POA had a meeting with me to see how to become more efficient, which was something brought up by one of our council members. Waiting for the Human Resources person to start. Alot of the different job descriptions have been written up...to save money, be more efficient and put more resources on the street.
Generator: had a meeting today. We're all fairly secure with the generator. There were some discussions about some electrical issues that are being worked on. We've already talked with the company, and it could between 4-5 months...has to be built to our specifications. But everything is pretty much set. We just have to figure out the load and how the electricity aspect is going to work.
Looking at all of City Hall, not just police wing having power. This would then be an emergency shelter. We'd have police, fire, finance and our City Council would be able to make decisions. In a dire situation if all the electricity goes out, this would be the hub.
Appreciate Todd Bodem for having the grant writer on board. We're all set for Fire House sub-grant.
We're ready to go. At 7:00 a.m., Thursday, it opens up...there are only so many slots open. We're ready to hit the button.
At the next City Council meeting, the new Fire Captain will be introduced.
Impact Fees: This is something else that was brought up. We're looking for not only ways to raise revenue but for public safety to, hopefully, step away a little bit from the General Fund and access funds from some contractors. The work is done, and we talked to the firm that did it, and they want to do a workshop. I reached out to the Guadalupe Business Association president who reviewed it and has some questions. They're excited about it. Will do a workshop before bringing the study to the City Council for final review.
Emergency Response Procedure Plan: it has been completed, all 65 pages, and it should be on the next council agenda on October 24th. CM Hernandez had brought this up questioning whether the City had an emergency plan. This is mandated for all cities. A lot don't have a plan. It's with our city attorney for review. It'll make it a lot easier to receive funds from FEMA when disasters hit. It gives a whole outline of how we're to respond as a city. Training will eventually be attached to that for all levels, City Council and all.
October 10, 2023 City of Guadalupe Council Meeting Minutes Page 6 of 15 Guadalupe Unified School District requested first aid training for all of their employees which we will provide. Looking at schedules on how to handle all of that.
Through The Little House by the Park and GBA, we put together a citizens' support group, Guadalupe Safety Support Team (GSST): after the flooding incident, there were a lot of volunteers, but no actual structure was in place..it was just led. We need to be prepared for the next time to provide housing, clothing and transportation. Community involvement was excellent. Now we have a structure, and we have citizens who want to be in charge of that. Now we have a way to just turn it on. First responders can go do their job. The citizens' group went through all of our procedures and guidelines. We'll get more non-profits who will also be involved. We'll look at ways to check on our seniors in our community when power may go out. They're all excited and it's nice to see the community involvement in something like this.
Letter of Support for the Kiwanis Christmas Parade: we will be planning for that.
CM Hernandez asked, "Can you give us an update on Jack O'Connell Park? I've seen cameras out there and was wondering if there was an uptake of issues in that park?" Chief Cash said, "There's no crime issue there. We met with Touch of Style this past weekend. We had extra cameras that had been purchased, so we put them at O'Connell Park...a lot of precaution." Mayor Julian asked, "Where will the cameras be located? Make sure they're up high...they're needed over there." Chief agreed saying, "It's a lot cheaper than personnel. Cameras are on poles at Jack O'Connell Park. At Le Roy Park, they're on the exteriors. One of our main points is on the bathrooms...not only for graffiti but for any other types of crimes.
CM Lizalde thanked the Chief saying, 'I've also seen more patrols during the day. I think the public appreciates seeing our officers out and about. I like that we're saying publicly that we have cameras.
And I like that we're being proactive rather than reactive." Mayor Julian said, "Several years ago, some of us went to Gilroy to tour their cannabis distribution site. We met with the police chief and mayor. They had 41 cameras throughout the city. [Correction:
King City] 41 cameras outside...crime rate just plummeted. It is cheaper to have cameras than personnel."
REGULAR BUSINESS
10. Appointment of one vacant seat to the Recreation and Parks Commission.
Written report: Hannah Sanchez, Recreation Services Manager Recommendation: That the City Council appoint one of the two interested individuals to the Recreation and Parks Commission to fill the vacant seat.
Ms. Sanchez said, "For two months there has been a vacant seat on the Recreation & Parks Commission. The vacancy was posted for a 30-day period resulting in two (2) candidates." CM Hernandez asked what the requirements were for that seat. Ms. Sanchez said that the selected candidate needs to attend the monthly meetings which are held the first Tuesday of each month.
October 10, 2023 City of Guadalupe Council Meeting Minutes Page 7 of 15 There were two (2) applicants: Arnulfo Navarro and Mike Rochlin.
Mr. Navarro was asked to speak first. He gave a brief background about himself and why his interest in filling the vacant seat on the Recreation & Parks Commission: "I am a resident artist and recently came into a full-time position with Family Service Agency, The Little House at the Park and Community Changers. I will be doing a lot of community events. I want to get more involved. / will be here, and a main focus is getting the city involved, like using the Veterans Hall. I have a lot of ideas, and with this opportunity presented here, it's a good match. I grew up in this community. I want to change things. I feel how much this community needs. I just want an opportunity to make a difference, not only for the youth but also for adults. It feels like things drop off after you're 18, but it's an ongoing process."
CM Lizalde ask, "Are you going to talk about the Halloween event?" Mr. Navarro said, "Yes, at McKenzie Intermediate School, on October 31st , from 5pm to 9pm, we're teaming with Kiwanis and the school to have a low rider 'Trunk or Treat' with Touch of Style. We'll have a roller disco, teaming up with Slow Roll. They'll provide skates to rent for $5. A barbecue by Kiwanis...a cakewalk and variety of activities. There will be tables and booths if any businesses want to participate. The next day there will be an event at the Veterans Hall, Dia de los Muertos, which is a community event." CM Lizalde said, "For me, I love the way you light up when you talk about an event. For Rec & Parks, you have to love the community and want to participate in events. We need someone who has energy to bring people together for these exciting events. Partnering with your professional side makes a lot of sense working in our community. Thank you for your interest and for everything you're doing right now. It's really exciting." Mr. Navarro said, "It's tough growing up here in Guadalupe and seeing how things are. I'm on a journey of believing in myself, in believing in this community, in believing that I can go beyond what / think I'm capable of. I want everyone to be on that flow of belief, and we need to get everyone to get that belief back in this community... where we're rock solid, not looking outward but inward. That's the goal." The other applicant, Mr. Rochlin, had initially attended the meeting but was not present when called by the Council.
Mayor Julian then asked what the wishes of the Council were.
Motion was made by Council Member Lizalde and seconded by Council Member Robles to nominate Arnulfo Navarro to fill the vacant Commissioner seat on the Recreation and Parks Commission. Roll Call: Ayes: 5 5-0 Motion passed.
CM Hernandez asked if there is a role for those who may want to volunteer with recreation. Ms.
Sanchez said, "The best way to get involved is to come to the Recreation & Parks meetings. They're on YouTube live screened. A lot of discussion happens in those meetings. Reach out to the Commissioners. Everyone knows Joe Harris. If there's anything you're interested in, reach out to him. You can always come to the Recreation Department. There are volunteer applications. Let me October 10, 2023 City of Guadalupe Council Meeting Minutes Page 8 of 15 know if you're interested." CM Lizalde said, "I think it's important to start by going to meetings.
You'll hear about upcoming events."
Mayor Julian added, "We need more interest in what's going on with the recreation side. There's ample opportunity to get things going, and we have funds. There's a lot out there." Ms. Sanchez said "The struggle right now is knowing what the community wants. Coming to the meetings or watching them, you'll see what's going on and can let us know what's wanted. Poetry Jam is good. Don't see a lot of fine arts. 'Recreation' is not just limited to sports activities." CM Lizalde said, "I want to thank Hannah Sanchez again. Post-pandemic, it was hard for the community to find our identity again. Pre-pandemic, everybody was willing to jump in and do events.
But post-pandemic, there is a disconnect. But there's been a lot of progress made with events that people have enjoyed. So, thank you."
11. Street Tree Ordinance Update.
Written report: Philip F. Sinco, City Attorney
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.
City Attorney Sinco gave a brief background on this item: It was brought up at the request of the Public Works Department because of some problems enforcing it.
The section of the Guadalupe Municipal Code, referenced as the "Street Tree Ordinance" was enacted in 1959 and has not been updated since. That was before the City had a municipal code, which was in 1985 when all the ordinances were put together into a code. At that time there was a Planning Commission, and the ordinance delegated the administration of the ordinance to the Planning Commission.
The main reason for bringing this item up is that there's no Planning Commission now...it's the City Council that has to take on that role. The problem here is that the ordinance had the Planning Commission be the role administrator and enforcer allowing to appeal to the City Council if the decision by the Planning Commission wasn't accepted. Not practical for the City Council to wear two hats as the Planning Commission and the City Council. It makes sense for staff to have the Council change the responsible party for administrating and enforcing the ordinance from the Planning Commission to a city position. We recommend the Public Works Director, or designee, with the assistance of Code Enforcement.
The town of Guadalupe was here long before there was a city. Trees and shrubs were planted in public places in public parking strips by who? Maybe the people in the town did it. Maybe the County. We just don't know. The City valued these trees as evidenced by the passage of this ordinance. Recently, trees have needed maintenance...maybe branches blocking pedestrian access over a sidewalk. Public Works asked Code Enforcement to issue notices of violations requiring maintenance of trees. A number of people refused to do the maintenance saying, "it's not my tree.
It's your city tree... you take care of it."
October 10, 2023 City of Guadalupe Council Meeting Minutes Page 9 of 15 So, now we're at a stand-off. Staff had this ordinance to do it, but it was unclear because the Planning Commission was shown as in charge or administering and enforcing the ordinance. But there is no longer a Planning Commission.
The ordinance is being brought now for proposed updates. The main update is to designate the Public Works Director, or designee, in place of the Planning Commission as the administrator and enforcer. Another change is we're including that the Public Works Director, or designee, may request assistance of Code Enforcement, Code Compliance. Also, the other significant change is to change the criminal penalty from an infraction, which carries a maximum fine of $100, which hasn't kept up with inflation and certainly isn't going to dissuade someone from spending money on tree maintenance from having to pay a $100 fine. To create a significant deterrent in the ordinance, we're recommending to upgrade it to a misdemeanor which can be as high as $1,000. This could also have jail time imposed but the City wouldn't recommend that for a violation like this.
All of this presupposes that the City Council would be in support of this type of arrangement. At this point, City Attorney Sinco said a letter was received from Mr. Garret Matsuura. City Attorney Sinco disagreed with the letter but did proceed to read it. The following is the full letter addressed to Todd Bodem, City Administrator, dated October 10, 2023:
Dear Mr. Bodem:
I am writing to voice some concern over the proposed Tree Ordinance to be presented in tonight's City Council meeting.
Based on what I see, emphasis on the City's putting the onus of management of City owned trees on residential and/or business owners seems problematic in any ways:
• For owners to be financially responsible for the upkeep of trees they didn't plant, don't own, and have no control over does not seem fair.
• The maintenance of the trees as city-wide beautification would best be undertaken by either City Staff with the appropriate training or a certified arborist that would be able to maintain trees in a healthy and visually appealing manner.
• Modifying the existing ordinance to increase penalties (from infraction to misdemeanor) for those that do not comply with the ordinance comes across as petty and draconian.
I would ask that there be additional discussion ad feedback from the Business Association to provide input from affected business owners.
Thank you for your consideration.
Sincerely,
/s/
Garret Matsuura
Guadalupe, CA 93434
October 10, 2023 City of Guadalupe Council Meeting Minutes Page 10 of 15 City Attorney Sinco asked, "Does the City want to take on the responsibility to maintain the trees without budget, or is it fair to ask the public to take on some of this responsibility? It's not the case of the City actually planting these trees. They could have been planted by previous owners that just happened to be planted on city property. The property concern isn't like the public parks, but it's that strip that people think is their property because it's on their front yard...it's between the sidewalk and street which belongs to the City, because the City has an easement for roadway purposes.
He then said, "It's fine if the Council wants the City to take on this responsibility. But if it's not funded, it won't get done. This is why staff brought this ordinance requesting updates and a confirmation from the City Council that it is appropriate to impose responsibility for the maintenance of these trees on the property owners. They do benefit more from them...and the City does benefit from the urban forest. It helps with greenhouse gases and provides shade keeping energy costs lower for houses...another reason why property owners benefit from these trees.
City Attorney Sinco then asked, "If the City Council directs us to change the ordinance so property owners don't have the responsibility to maintain trees, / would ask the Council to add a provision for property owners not to injure or damage trees as it is important that we at least maintain our urban forest. Regardless, where the Council comes down on who is ultimately responsible for maintaining the cost of ...it's important not to completely gut the ordinance so people are allowed to do what they want with the trees. We just need some direction from the Council. The real issues are: 1) Do we want to maintain the urban forest, and 2) If we do, how will it be funded? The ordinance doesn't always require the City to impose all the costs of the maintenance on the property owners. If the City gets money to provide funds to do this, the Public Works Director, or designee, can arrange for that to happen, or it can take care of the more expensive maintenance of tree removals and have the property owners do the general maintenance, like trimming the trees so people don't have to duck around them when walking."
Mayor Julian said, "Thank you for your comments and for reading Mr. Matsuura's letter. I was going to have that just put in the minutes. Was this given to GBA?" City Attorney Sinco said, "No, it was not, partly because it was already on the books, and I didn't think it was necessary. But, also, as I found out today...! didn't see this coming. I'm glad he wrote, and as I said, I have respect for him, and I'm glad he's paying attention. It turns out the City doesn't have to ask private property owners on state highways to maintain whatever street trees there. Funds exist for public highways. Public Works already takes care of trees on Hwy 1 (Guadalupe Street) and Hwy 166. Mr. Matsuura's point, though, is valid with respect to the residential property owners." The mayor then said, "City doesn't have funds to do that. Trees are very important to us. We're a tree desert in this community. If you're looking at selling a home, appraisers look at trees. They add value to your yard. Doesn't seem like there are a lot of trees that this ordinance will apply to. 1959 to now, we haven't had an update. We need to push this forward. I don't think we'll have a lot of issues with people refusing to comply and saying to just cut it down, but we have an ordinance that says otherwise. I'm in favor of this."
City Attorney Sinco said, "Trees don't require that much maintenance... maybe once every 5-7 years.
It's only if it's a dangerous tree that it becomes a concern that you'd have to remove it. Like after a storm, maybe, but there probably would be funding then. The ordinance doesn't always require property owners to maintain the tree, but it does require when it is appropriate." October 10, 2023 City of Guadalupe Council Meeting Minutes Page 11 of 15 CM Lizalde asked, "The CalFire grant? Is it approved and coming?" City Attorney Sinco said, 'It's been received. I asked what if the Council wanted to repeal the ordinance all together, for whatever reason, would that affect the grant. The answer is 'No' because it's just taking inventory of our trees. It will provide information to the Council when it's all done, showing how much it would cost for the City to take on that burden. It's needed to be done for the urban forest. We're just in the beginning stages. But even if you repealed this ordinance, it wouldn't affect this grant, but it would any other grants we might get. It wouldn't be supportive if you repealed the ordinance." CM Lizalde said further, "This is basically a tree-mapping. How many is this actually affecting? We may run into a problem with some resident who, in Treasure Park or another area, bought their house 10 years ago, and would not be aware that it's their tree because it's on public property. We need to educate the public. There are trees that are old and beautiful and will cost monies to maintain. I see that we need this ordinance, but I feel for those people who will get caught in the middle of that. Hopefully, we work with them...coming together and collaborating." City Attorney Sinco said, "This is only the first update that we have. There are ways we can look at situations, like if an old tree needs to be removed because it would be too expensive to maintain.
City of Santa Maria has a full procedure to see what degree of maintenance is needed. If it's too expensive to maintain, then have it removed but maybe replaced with other plantings. We can work on something like that."
CM Hernandez said, "This is a challenging topic. I'm an avid biker and am always getting stuck on branches and trees. Just cut them back. Safety is an important issue here." CM Costa, Jr. said, "This is a hard one. How many houses are affected by this? Maybe as a city we should get in contact with them to let them know what's going on. How can we work together to maintain trees? Get in contact with them. An owner might want to maintain the trees with no problem. Something so we know if they want to take care of them. If I buy a house that has trees, I may not want to maintain those trees. I see why you're requesting to update the ordinance. It's been like that since 1959. Everything has changed and just trying to get caught up with the times.
We just need to see the number of those property owners who'll be affected by all of this." City Attorney Sinco said, "I don't know when the inventory of trees will be done. You don't have to update...the ordinance is already in place. Maybe we change the Planning Commission to the Public Works Director and not make the other changes if you don't want to change the fine or something like that. We can tinker with this if you don't want to approve all of it. There are other ways. We can put an assessment district to the voters, Mello-Roos bond to create money, tax parcels to create funds specifically to maintain the urban forest. There would be a way to spread that burden across the city. We can look at these in the future."
Mayor Julian said, "This ordinance and urban forest inventory run parallel. Look when the inventory will be done, but we need to update the ordinance. The benefit of trees is good. Arborist didn't want old trees at Le Roy Park. There were conflicting opinions. Take down old and plant new or not. We lost out on 250 trees because of some controversy for the community. This is the first reading. We need to set a standard."
October 10, 2023 City of Guadalupe Council Meeting Minutes Page 12 of 15 CM Robles asked, "How did we come up with $1,000?" City Attorney Since said, "Up to $1,000. A misdemeanor is a flexible fine. It could be $100...it could be $900. Unless the fine is extremely egregious, it wouldn't start at $1,000.. maybe at $250 or so." CM Robles said, "Most of our trees have been here a while... with winds, they lean towards the east. They're all pointing to Santa Maria.
Common sense says this is needed, but we need to look at the fine and how this is put together." City Attorney Sinco added, "If anyone who's dissatisfied with the process, they would have a hearing before our Code Compliance Hearing Officer, Jack Owen, and then if they didn't like the ruling, they would bring it to you (City Council), if necessary. That would be one benefit of these amendments, rather than having the City Council having the first and last stop on the matter." CM Robles reiterated the need to see the inventory. City Attorney Sinco said he'd ask Ms. Cruz [staff member completing the inventory] to prepare a report for a future council meeting and when the inventory will be done.
Motion was made by Council Member Lizalde and seconded by Council Member Hernandez to approve first reading of Ordinance No. 2023-512 and to continue to its meeting of October 24, 2023, for second reading and adoption. Roll Call: Ayes: 5 5-0 Motion passed.
12. FUTURE AGENDA ITEMS
No new items were added to this listing.
Mayor Julian mentioned the meeting on December 12th previously listed as a future agenda item:
SBCAG update on Black Road/Hwy 166 construction.
CM Lizalde asked about the 'Joint Use Agreement with the School District. Ms. Sanchez said, "I have a meeting tomorrow on this. We'll probably restructure how we're going to do this. There's a lot more school staff presence at school activities. I haven't had any issues."
13. ANNOUNCEMENTS - COUNCIL ACTIVITY/COMMITTEE REPORTS
CM Robles: 'Toys-4-Tots'/Car Show, Saturday, October 14th, $25.00 entrance fee at O'Connell Park- all proceeds go for our local kids at the Boys & Girls Club. Roll in time is 7am to 10am and finishes at 4pm.
CM Costa, Jr.: Wednesday, October 11th, 7h grade, boys' and girls' basketball tryouts.
CM Hernandez: "Open Streets' in Santa Maria was an amazing opportunity for our Assembly Member to see the whole community out there.
Hannah Sanchez: Friday, October 13th, Poetry Jam at Veterans Hall, 6:30 p.m. to 9:00 p.m.
Saturday, October 14th, Vietnam Veterans of America will have a garage sale at the Veterans Building, outside in the parking lot; 10:00 a.m. to 2:00 p.m.
October 10, 2023 City of Guadalupe Council Meeting Minutes Page 13 of 15 Mayor Julian:
SBCAG - Highway 166 Improvement in City of Guadalupe: Approved partnership to include SBCAG, Caltrans, City of Guadalupe and Pasadera (through the City). The scope of this project would include land improvements at the intersection of Highway 1/166 and improvements to the UPRR rail crossing, along with pedestrian and bike improvements. The project would add intersection improvements at Obispo Street (signalization) and Flower Street but no signalization there...along with expanded drainage and pavements improvements, pedestrian, and bike features. There would also be UPRR and signal improvements. The City of Guadalupe gave $4M towards this project. The total project will cost about $31M. Must be ready for construction for FY 25/26.
Hwy 166 and Black Road Signalization and Major Improvements: Construction on installation of signalization and road improvements at Black Road which will also include a passing lane west of Black Road. SBCAG to detail the work required and timeline which will include detours and road closure of up to four (4) west of the Black Road intersection.
SER JOBS for Progress: Last Thursday, October 5th, there was a GED graduation ceremony for 60+ individuals, many from Guadalupe. This ceremony was held in the City auditorium. It was well attended by family members.
Mayors Ball - Fundraiser for North Santa Barbara County United Way: The annual Mayors Ball was held last Saturday, October 7h. The mayors from Buellton, Santa Maria, Lompoc and Guadalupe attended. City Attorney Sinco attended and sponsored a table. The Chumash organization sponsored a $10,000 table. During the flood, United Way funded a case manager through Family Services Agency/Little House by the Park, inc. for Pioneer Street residents as well as providing checks for each family impacted by the flood.
Food Bank: At the October 5'h food bank distribution, there were 151 families served. Thanks to all the volunteers, which included City staff (Finance Director, Chief Cash, Fire).
Guadalupe Main Street Beach: 3 phases with the route across dunes complex: Before the kiosk, after the kiosk with the major one going over the dunes...probably not happening for another year. One of the reasons is the road going over the dunes where the commandments stuff is, that's now a cliff.
One of the plans is to have a parking area just before or right near the sand company, then walk -> -> to beach. That's going to eliminate a lot of people, but it will be awhile before that happens.
North County Sub Regional meeting 10/11/23 - Solvang: North County SBCAG meets in Solvang every month before our SBCAG meeting and talk about North County projects. South County does the same thing with their projects. Discussions from both meetings are then put together at the SBCAG meeting. What is really cool is that North County representatives are really pushing for Guadalupe and this area. That's why you're seeing so much money coming in. Caltrans is working with Taylor Farms, 151 Obispo and Pasadera, so there's really been a good relationship with Caltrans. And they're taking the lead on the whole project.
October 10, 2023 City of Guadalupe Council Meeting Minutes Page 14 of 15 CM Hernandez: Food insecurity is on the rise. I went to a food bank distribution last week. You would see mothers with push carts running to the site. They served 500 individuals within the first hour and had to turn everyone else away. I was in tears watching these mothers running to get this food.
On October 18th the Food Bank will be hosting a fundraiser. It's called "Empty Bowls". It's $25.00 There will be two (2) seatings and a pick-up option. I will be serving at the first seating and hope to see you there. This will be at the Fair Park in Santa Maria.
14. ADJOURNMENT TO CLOSED SESSION MEETING
Item to be discussed in closed session is "Public Employment: Director of Public Safety".
Motion was made by Council Member Costa, Jr. and seconded by Council Member Lizalde to adjourn to closed session. 5-0 Motion passed. The meeting adjourned to closed session at 7:33 p.m.
15. CLOSED SESSION AGENDA
Public Employment
(Pursuant to Government Code Section 54957(b))
Title: Director of Public Safety
16. ADJOURNMENT TO OPEN SESSION MEETING
Motion was made by Council Member Costa, Jr. and seconded by Council Member Lizalde to adjourn to open session. 5-0 Motion passed. The meeting adjourned to open session at 7:47 p.m.
17. CLOSED SESSION ANNOUNCEMENTS
There was "no reportable action".
18. ADJOURNMENT
Motion was made by Council Member Costa, Jr. and seconded by Council Member Lizalde to adjourn the meeting. 5-0 Motion passed. The meeting was adjourned at 7:48 p.m.
Prepared by: Approved by:
Melia le
Ariston Julian, Mayor
October 10, 2023 City of Guadalupe Council Meeting Minutes Page 15 of 15