Guadalupe City Council
February 13, 2024

Agenda Item No. 8G

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of February 13, 2024

________________________________ __________________________________ Prepared by: Approved by:

Jeff van den Eikhof, City Engineer Todd Bodem, City Administrator SUBJECT: Clean California Local Grant for City of Guadalupe Transit Hub Renovation Project RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 2024-13 authorizing the City Administrator to enter a contract with Caltrans on behalf of the City and to execute agreements and any amendments with the California Department of Transportation for the City of Guadalupe Transit Hub Renovation Project.

BACKGROUND:

On April 27, 2023, the Public Works Director submitted an application for the Clean California Local Grant Program (CCLGP) Cycle 2. The grant application was to upgrade the City’s Amtrak Station to a multimodal transit hub. The project would include public restrooms, electric vehicle charging infrastructure, bicycle amenities, pervious pavers, improved signage, and site beautification upgrades.

The site was originally designed for an average of 23 daily train passengers but now must accommodate an additional 140 passengers per day who ride the City’s fixed route bus system.

On April 27, 2021, the City Council approved a resolution to apply for the Affordable Housing and Sustainable Communities Program Grant. This was a joint application with the Housing Authority and associated with the Escalante Meadows housing project. The application was successful, and the City has been awarded nearly $5.2 million for various projects, including the Transit Hub Renovation Project.

DISCUSSION:

On Monday, December 4, 2023, the Interim Public Works Director received notification from Caltrans Local Assistance that the City was selected as an awardee for the Clean California Local Grant Program (CCLGP). To fully execute the grant and start reimbursable work, the City must enter a Restricted Grant Agreement (RGA) between the City and Caltrans.

Jeff van den Eikhof

FISCAL IMPACT:

Approval of the resolution will result in insignificant impacts to the general fund. The previous Public Works Director identified a project budget of $1,310,000. Per the attached Amendment No. 1, the City’s required local match is $306,000 for a total grant of $1,004,000.

The Affordable Housing Sustainable Community Grant will fund the local match, which set aside $349,428.00 for these improvements.

ATTACHMENTS:

1. Resolution No. 2024-13

2. Restricted Grant Agreement – Agreement Number: CCL-5292-010

3. Amendment to Grant Agreement No. 1

RESOLUTION NO. 2024-13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY GUADALUPE

AUTHORIZING THE CITY ADMINISTRATOR TO ENTER A CONTRACT WITH CALTRANS ON BEHALF OF THE

CITY OF GUADALUPE AND TO EXECUTE AGREEMENTS WITH THE CALIFORNIA DEPARTMENT OF

TRANSPORTATION FOR THE CITY OF GUADALUPE TRANSIT HUB RENOVATION PROJECT WHEREAS, the City Council of the City of Guadalupe is eligible to receive Federal and/or State funding for certain transportation planning related plans, through the California Department of Transportation; and WHEREAS, a Restricted Grant Agreement is needed to be executed with the California Department of Transportation before such funds can be claimed through the Clean California Local Grant Program; and WHEREAS, the City of Guadalupe wishes to delegate authorization to execute these agreements and any amendments thereto; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Guadalupe as follows:

SECTION 1. Authorize the City Administrator, or designee, to execute all Restricted Grant Agreements and any amendments thereto with the California Department of Transportation.

SECTION 2. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.

PASSED, APPROVED AND ADOPTED at a regular meeting on the 13th day of February 2024 by the following vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2024-13, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held February 13, 2024, 2024 and that same was approved and adopted.

ATTEST:
______________________________ ____________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
ATTACHMENT 1

APPROVED AS TO FORM:
______________________________
Philip F. Sinco, City Attorney
City of Guadalupe
Agreement Number: CCL-5292-010
AMS ADV ID: 0524000110

Clean California Local Grant Program (State)
Restricted Grant Agreement
This Restricted Grant Agreement (RGA), between the State of California acting by and through its Department of Transportation, referred to herein as CALTRANS, and the CITY OF GUADALUPE, hereinafter referred to as AGENCY, will commence on September 15, 2023, or upon approval by CALTRANS, whichever occurs later. This RGA is of no effect unless approved by CALTRANS.

AGENCY shall not receive payment for work performed prior to approval of this RGA and before receipt of Notice to Proceed from CALTRANS. This RGA shall expire on December 31, 2026.

Recitals

1. Under this RGA, CALTRANS intends to convey State restricted grant funds to AGENCY, pursuant to Budget Act Line Item 2660-130-0001, who will implement the project pursuant to the attached Approved Grant Application and Amendment(s) to Grant Application, Attachment III under the terms, covenants, and conditions of this RGA.

2. CALTRANS and AGENCY intend that only funds that are authorized as restricted grants will be subject to this RGA, and that no funds that should be the subject of a Joint Powers Agreement, Interagency Agreement, or other non-grant agreement shall be subject to this RGA.

Now, Therefore, based upon the terms, covenants, and conditions of this RGA, the parties agree as follows:

Section I
AGENCY Agrees:

To timely and satisfactorily complete all Project work described in Attachment III (“Project Work”) within the project budget and in accordance with the items of this RGA.

Section ll
CALTRANS Agrees:

That when conducting an audit of the costs claimed by AGENCY under the provisions of this RGA, to conduct the audit in accordance with applicable laws and regulations.

Section lII
It Is Mutually Agreed:

1. Under this RGA, CALTRANS will convey State grant restricted funds to AGENCY, pursuant to Budget Act Line Item 2660-130-0001, and AGENCY will use the funds to only conduct the scope of work identified in this agreement and authorized by Streets and Highway Code section 91.41. The funds subject to this RGA must be identified as available to a public entity that is responsible for implementing the scope of work authorized under the Clean California Local Grant Program in CALTRANS’ budget, and AGENCY represents and warrants that it is a public entity that is responsible for implementing the scope of work authorized under the Clean California Local Grant Program.

ATTACHMENT 2
City of Guadalupe
Agreement Number: CCL-5292-010
AMS ADV ID: 0524000110

2. Under this restricted grant, funds may be only used for the purposes set forth in this RGA, AGENCY Resolution (Attachment IV), Approved Grant Application and Amendment(s) to Grant Application (Attachment III), and the Grant Program Guidelines (Attachment I), and the funds may only be used for costs and expenses that are directly related to such purpose.

3. AGENCY shall perform all the duties and obligations described in the City of Guadalupe Transit Hub Renovation Project, hereinafter “Project”, subject to the terms and conditions of this RGA and Approved Grant Application and Amendment(s) to Grant Application (Attachment III), which are attached hereto as Attachment III.

4. The resolution authorizing AGENCY to execute this RGA pertaining to the above-described Project is attached hereto as Attachment IV.

5. AGENCY agrees that it is not requesting an advance payment, and that it may not hereafter request an advance payment.

6. All services performed by AGENCY pursuant to this RGA shall be subject to and performed in accordance with California Streets and Highways Code §91.41 including, but not limited to, Government Code Section 14460(a)(1), as well as all applicable Federal, State, and Local laws, regulations, and ordinances, all applicable CALTRANS policies and procedures, and all applicable CALTRANS published manuals, including, but not limited to, the Grant Program Guidelines (Attachment I).

California Government Code Section 14460(a)(1) provides: “The department [CALTRANS], and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable state and Federal requirements. Those external entities include, but are not limited to, private for profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds either through a contract with the department or through an agreement or grant administered by the department.”
City of Guadalupe
Agreement Number: CCL-5292-010
AMS ADV ID: 0524000110

7. Project funding is as follows:

Fund Title* Fund Source Dollar Amount
Clean California Local Grant
Funds
State General Fund (0001)
Budget Item 2660-130-0001
State Program Code 20.30.010.900
FY 2023/24 $816,000.00
Cash Local Match Agency Provided $494,553.00
Value of Third-Party In-Kind
Contributions
Agency Provided $0.00
Total of Local Funds Agency Provided $0.00
Total of other fund sources
(not in-kind contributions)
Agency Provided $0.00
Total Participating Costs $1,310,553
Total Non-Participating Costs $0.00
Total Project Costs $1,310,553
Notes: *Means the amounts in this column only include participating costs.

No in-kind contributions may be made unless the amount and type of the contribution is identified above.

For Caltrans Use Only
I hereby Certify upon my own personal knowledge that budgeted funds are available for encumbrance. $816,000.00
Accounting Officer Printed
Name
Accounting Officer
Signature
Date Amount Certified

8. This RGA is exempt from the legal review and approval by the Department of General Services, pursuant to Legal Opinions of the Attorney General: 58 Ops. Cal. Atty. Gen. 586 (1975), 63 Ops.

Cal. Atty. Gen. 290 (1980), 74 Ops. Cal. Atty. Gen. 10 (1991), and 88 Ops. Cal. Atty. Gen. 56.

9. Notification of Parties
a. AGENCY’s Project Manager for Project is Dwayne Chisam, (805) 264-5592. b. CALTRANS’ District Grant Manager is Zachary Cotter, (805) 478-6774. “District Grant Manager” as used herein includes his/her designee.
c. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses:

Jie Chen 12/01/2023
City of Guadalupe
Agreement Number: CCL-5292-010
AMS ADV ID: 0524000110

City of Guadalupe
Attention: Dwayne Chisam, Interim Director of Public Works Phone Number: (805) 264-5592
Email: [email protected]
918 0bispo Street
Guadalupe, California 93434
California Department of Transportation
District 5/Division of Local Assistance
Attention: Zachary Cotter, Clean California District 5 Grant Manager Phone Number: (805) 478-6774
Email: [email protected]
50 Higuera Street
San Luis Obispo, California 93401

10. Period of Performance
a. Reimbursable work under this RGA shall begin no earlier than on September 15, 2023, following the written approval of CALTRANS and AGENCY’s receipt of the Notice to Proceed letter of this RGA by CALTRANS. All reimbursable work shall terminate no later than June 30, 2026. Project closeout and final invoicing to CALTRANS must be submitted no later than November 1, 2026. Work incurred after June 30, 2026 will not be reimbursed. Payment shall be forfeit for any and all invoicing submitted to CALTRANS after November 1, 2026.

Notwithstanding the foregoing, Caltrans will reimburse for actual close out costs incurred by AGENCY through November 1, 2026 (which, in total, shall not exceed 5% of the grant award). b. If requested by the CALTRANS District Grant Manager, AGENCY will attend a kickoff meeting with CALTRANS to be scheduled within one (1) week from receipt of Notice to Proceed sent by CALTRANS.

11. Changes in Terms/Amendments
This Agreement may only be amended or modified by mutual written agreement of the parties.

12. Cost Limitation
a. The maximum total amount granted and reimbursable to AGENCY pursuant to this RGA by CALTRANS shall not exceed $816,000.00.
b. It is agreed and understood that the CCLGP funds are limited to the amount granted.

CALTRANS will only reimburse the cost of services actually incurred in accordance with the provisions of this RGA and as authorized by the CALTRANS District Grant Manager at or below that fund limitation established herein.

13. Termination
a. CALTRANS reserves the right to terminate this RGA upon written notice to AGENCY at least 30 days in advance of the effective date of such termination in the event CALTRANS determines (at its sole discretion) that AGENCY failed to proceed with Project Work in accordance with the terms of this RGA. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all allowable, authorized, and non-cancelled costs up to the date of termination.

AGENCY shall return any unused advance amounts which cannot be supported by eligible expenditure documentation.
b. This RGA may be terminated by either party for any reason by giving written notice to the other City of Guadalupe
Agreement Number: CCL-5292-010
AMS ADV ID: 0524000110

party at least 30 days in advance of the effective date of such termination. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all costs that are expressly allowable, pre-authorized in writing, and non-cancellable, up to the date of termination. c. AGENCY has 60 days after the Termination Date to submit accurate invoices to CALTRANS to make final allowable payments for Project costs in accordance with the terms of this RGA.

Failure to submit invoices within this period of time shall result in a waiver by AGENCY of its right to reimbursement of expended costs. Costs that are reimbursed and later determined to be ineligible for reimbursement shall be returned by AGENCY to CALTRANS.

14. Budget Contingency Clause
a. It is mutually agreed that if the US Congress or the State Legislature fail to appropriate or allocate funds during the current year and/or any subsequent years covered under this RGA do not appropriate sufficient funds for the program, this RGA shall be of no further force and effect.

In this event, CALTRANS shall have no liability to pay any funds whatsoever to AGENCY or to furnish any other considerations under this RGA and AGENCY shall not be obligated to perform any provisions of this RGA.
b. If funding for any fiscal year is reduced or deleted by US Congress or State Legislature for purposes of this program, CALTRANS shall have the option to either terminate this RGA with no liability occurring to CALTRANS, or offer an RGA Amendment to AGENCY to reflect reduced amount.

15. Payment and Invoicing
a. AGENCY, its contractors, subcontractors, and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP) and any standards specified by the source of funds, to enable the determination of incurred costs at interim points of completion, and to provide support for reimbursement payment vouchers or invoices.
b. The method of payment for this RGA will be based on the actual allowable costs that are incurred in accordance with the provisions of this RGA and in the performance of the Approved Grant Application and Amendment(s) to Grant Application (Attachment III). CALTRANS will reimburse AGENCY for expended actual allowable direct costs, and including, but not limited to, labor costs, travel, and contracted consultant services costs incurred by AGENCY in performance of the Project Work. Indirect costs are reimbursable only if the AGENCY has identified the estimated indirect cost rate in Attachment II and an approved Indirect Cost Allocation Plan or an Indirect Cost Rate Proposal as set forth in Section III–Cost Principles, Item 16d. The total cost shall not exceed the cost reimbursement limitation set forth in Section III–Cost Limitations, Item 11a. Actual costs shall not exceed the estimated wage rates, labor costs, travel, and other estimated costs and fees set forth in Attachment III without an amendment to this RGA, as agreed between CALTRANS and AGENCY. c. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in accordance with the provisions of this RGA and in the performance of Project Work. AGENCY must not only have incurred the expenditures on or after the start date and the issuance of the Notice to Proceed letter for this RGA and before the Expiration Date but must have also paid for those costs to claim any reimbursement. d. The AGENCY indirect cost rate must be approved in writing by the California Department of City of Guadalupe
Agreement Number: CCL-5292-010
AMS ADV ID: 0524000110

Transportation Independent Office of Audits and Investigations or federal cognizant agency before any reimbursement payment is made by CALTRANS to AGENCY for such cost. e. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non-represented employees) unless written verification is supplied that government hotel rates were not then commercially available to AGENCY, its subrecipients, contractors, and/or subcontractors, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process at the following link: https://travelpocketguide.dot.ca.gov/.

Also see website for summary of travel reimbursement rules. f. AGENCY shall submit invoices to CALTRANS at least every six months, but no more frequently than monthly, in arrears upon completion of project tasks, milestone and/or deliverables in accordance with the Project Timeline in Attachment III to the satisfaction of CALTRANS District Grant Manager. Invoices shall reference this RGA Number and shall be signed and submitted to CALTRANS District Grant Manager, as stated in Section III–Notification of Parties, Item 8c. g. Invoices shall be complete with all of the following sections in the invoice completed:
1) Section 1: Invoice
2) Section 2: Indirect Cost Calculation, if the AGENCY is seeking reimbursement for indirect costs
3) Section 3: Billing Summary
4) AGENCY shall submit a completed detailed contractor award package, including final cost estimates, to CALTRANS after the project has been awarded to the contractor. The award package shall be submitted to CALTRANS with the first invoice that the AGENCY is seeking reimbursement for the contractor for.
h. Incomplete or inaccurate invoices shall be returned to the AGENCY unapproved for correction.

Failure to submit invoices on a timely basis may be grounds for termination of this RGA for material breach per Section III–Termination, Item 12.
i. CALTRANS will reimburse AGENCY for all allowable Project costs at least every 6 months, but no more frequently than monthly, in arrears as promptly as CALTRANS fiscal procedures permit upon receipt of an itemized signed invoice.
j. The RGA Expiration Date refers to the last date for AGENCY to incur valid Project costs or credits and is the date this RGA expires. AGENCY has until November 1, 2026 to make final allowable payments to Project contractors or vendors, and submit the Project’s Final Report, as defined in Attachment I and a final invoice to CALTRANS for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by the 60th day will be reverted and will no longer be accessible to reimburse late Project invoices contractor. k. The final invoice will be paid upon submission by AGENCY to CALTRANS and acceptance by CALTRANS of the Final Delivery Report. Complete final delivery reports and invoices must be submitted to CALTRANS by November 1, 2026.

16. Local Match Funds
a. AGENCY shall contribute not less than a proportional cash amount toward the services described herein on a monthly or 6-month basis. Notwithstanding the foregoing, to the extent that in-kind contributions are permitted and identified under this RGA, Section III–Project Funding, Item 6, the contributions may be counted as cash only when they are actually City of Guadalupe
Agreement Number: CCL-5292-010
AMS ADV ID: 0524000110

received by the AGENCY and confirmed by CALTRANS. Except where expressly allowed in writing herein, reimbursement of credits for local matching funds and in-kind contributions will be made or allowed only for work performed on and after the initial date of this Agreement and on or before June 30, 2026.
b. AGENCY agrees to contribute the statutorily required local contribution of matching funds if any is specified within this RGA or in any Attachment hereto, toward the actual cost of the services described in Attachment III. AGENCY shall contribute not less than its required match amount toward the services described herein. Local cash and in-kind match requirements can be found in the Grant Program Guidelines (Attachment I); but AGENCY must fully satisfy the local cash and in-kind match amount and percentage identified in Section III, Paragraph 7 with the final invoice.

17. Quarterly Progress Reporting
a. AGENCY shall submit written quarterly progress reports to the CALTRANS District Grant Manager to determine if AGENCY is performing to expectations, on schedule, within funding cost limitations, communicating interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.

18. Cost Principles
a. AGENCY agrees to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. AGENCY agrees, and will assure that its contractors, sub-recipients, in-kind contributors, and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project cost items and (b) all parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

Every sub-recipient receiving Project funds as a sub-recipient, contractor, or subcontractor under this RGA shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to the extent applicable. c. Any Project costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, and/or Part 48, Chapter 1, Part 31, are subject to repayment by AGENCY to CALTRANS. Should AGENCY fail to reimburse moneys due CALTRANS within 30 days of discovery or demand, or within such other period as may be agreed in writing between the parties hereto, CALTRANS is authorized to intercept and withhold future payments due AGENCY from CALTRANS or any third-party source, including, but not limited to, the State Treasurer, the State Controller, or any other fund source.
d. Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must have identified estimated indirect cost rate in Attachment II, prepare and submit annually to CALTRANS for review and approval an indirect cost rate proposal and a central service cost allocation plan (if any) in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Chapter 5 of the Local Assistance Procedures Manual which may be accessed at: https://dot.ca.gov/-/media/dotmedia/programs/local-assistance/documents/lapm/ch05.pdf.

City of Guadalupe
Agreement Number: CCL-5292-010
AMS ADV ID: 0524000110

e. AGENCY agrees and shall require that all its agreements with consultants and subrecipients contain provisions requiring adherence to this section in its entirety except for section c, above.

19. Americans with Disabilities Act
By signing this Agreement, AGENCY assures CALTRANS that in the course of performing Project Work, it will fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, as amended, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 USC Section 12101 et seq.).

20. Iran Contracting Act and State of California Executive Order N-6-22 AGENCY must complete and submit to CALTRANS the Iran Contracting Act Certification certifying that AGENCY’S proposed contractor is not on the most current DGS list of Entities Prohibited from Contracting with Public Entities in California per the Iran Contracting Act, 2010 (https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-ListFolder/List-of-Ineligible-Businesses), before the Agreement has been executed, unless the proposed contractor is exempted from the certification requirement by Public Contract Code Section 2205(c) or (d). If claiming an exemption, the proposed contractor shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d) before execution of the Agreement. Additionally, and to the extent applicable, AGENCY shall adhere to State of California Executive Order N-6-22, issued on March 4, 2022, with regard to proposed contractor.

21. Indemnification
a. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, its contractors, its subrecipients, or its subcontractors under or in connection with any work, authority, or jurisdiction conferred upon AGENCY under this RGA.

It is understood and agreed that AGENCY shall fully defend, indemnify, and save harmless CALTRANS and all of CALTRANS’ officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, including, but not limited to, tortuous, contractual, likeness statutes under California Civil Code §§ 3344 and 3344.1, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, contractors, subrecipients, or subcontractors under this RGA.
b. AGENCY agrees to fully defend, indemnify, and save harmless CALTRANS and all of its officers and employees from any and all claims, lawsuits, or legal actions, including reasonable attorneys’ fees and legal costs, relating to intellectual property claims arising from or related to the Project and/or any work procured under this RGA, including but not limited to claims based on (1) U.S. federal or state trademark infringement laws, (2) patent infringement laws (3) 17 U.S.C. §§ 101-810 (the Copyright Act of 1976, as modified), (4) 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”), (5) 17 U.S.C. § 113, (6) California Civil Code § 987 (the California Art Preservation Act), California Civil Code §989, or (7) any other rights arising under U.S. federal or state laws or under the laws of any other country that conveys rights and protections of the same nature as those conveyed under 17 U.S.C. §106A(a) and California Civil Code §987, including intellectual property claims arising from or related to breach of contract, inverse condemnation, conversion, and/or taking of property.

City of Guadalupe
Agreement Number: CCL-5292-010
AMS ADV ID: 0524000110

22. Nondiscrimination Clause (2 CCR 11105 Clause b)
a. During the performance of this RGA, the AGENCY, its contractors, its subrecipients, and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. AGENCY shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. b. AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code Sections 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Sections 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code Sections 11135-11139.5), and the regulations or standards adopted by CALTRANS to implement such article. c. AGENCY shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause.
d. AGENCY and its contractors, its sub-recipients, and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
e. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under this RGA.

23. Retention of Records/Audits
a. AGENCY, its contractors, subcontractors, and sub-recipients, agree to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. AGENCY, its contractors, subcontractors, and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of AGENCY, its contractors, subcontractors, and sub-recipients connected with Project performance under this RGA shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CALTRANS, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by AGENCY, its contractors, its subcontractors, and sub-recipients upon receipt of any request made by CALTRANS or its City of Guadalupe
Agreement Number: CCL-5292-010
AMS ADV ID: 0524000110

agents. In conducting an audit of the costs and match credits claimed under this RGA, CALTRANS will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of State and AGENCY law. In the absence of such an audit, any acceptable audit work performed by AGENCY’s external and internal auditors may be relied upon and used by CALTRANS when planning and conducting additional audits. c. For the purpose of determining compliance with applicable State and AGENCY law in connection with the performance of AGENCY’s contracts with third parties pursuant to Government Code Section 8546.7, AGENCY, AGENCY’s sub-recipients, contractors, subcontractors, and CALTRANS, shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to AGENCY under this RGA. CALTRANS, the California State Auditor, or any duly authorized representative of CALTRANS or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and AGENCY shall furnish copies thereof if requested. d. AGENCY, its subrecipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with this RGA.
e. Additionally, all grants may be subject to a pre-award audit prior to execution of this RGA to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable, and allocable costs.
f. Any contract with a contractor, subcontractor, or sub-recipient entered into as a result of this RGA shall contain all the provisions of this article.

24. Adjudication of Facts in Disputes
a. Any dispute concerning a question of fact arising under this RGA that is not disposed of by agreement shall be decided by the CALTRANS Contract Officer, who may consider any written or verbal evidence submitted by AGENCY. The CALTRANS Contract Officer shall issue a written decision within 30 days of receipt of the dispute. If AGENCY rejects the decision of the CALTRANS Contract Officer, AGENCY can pursue any and all remedies authorized by law. Neither party waives any rights to pursue remedies authorized by law.
b. Neither the pendency of a dispute nor its consideration by CALTRANS Contract Officer will excuse AGENCY from full and timely performance in accordance with the terms of this RGA.

25. INTENTIONALLY DELETED

26. Third-Party Contracts
a. AGENCY shall perform the work contemplated with resources available within its own organization and no portion of the work shall be contracted to a third party without prior City of Guadalupe
Agreement Number: CCL-5292-010
AMS ADV ID: 0524000110

written notification by the CALTRANS District Grant Manager unless expressly included (subrecipient identified) in Attachment III as Project Work. b. All State-government-funded procurements must be conducted using a fair and competitive procurement process. AGENCY may use its own procurement procedures as long as the procedures comply with the local AGENCY’s laws, rules, and ordinances governing procurement and all applicable provisions of State law, including, without limitation, the requirement that the AGENCY endeavor to obtain at least three (3) competitive bids for solicitation of goods, services, and consulting services (see Public Contract Code, Section 2000 et. seq.); a qualifications-based solicitation process, for which statements of qualifications are obtained from at least three (3) qualified firms for architecture and engineering services (see Government Code, Section 4525 et. seq. and Chapter 10 of the Caltrans Local Assistance Procedures Manual); and, the applicable provisions of the State Contracting Manual (SCM), Chapter 5, which are not inconsistent with this Item 26, ThirdParty Contracts. The SCM can be found at the following link:
https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-ResourcesList-Folder/State-Contracting. Chapter 10 of the Caltrans Local Assistance Procedures Manual can be found at the following link: https://dot.ca.gov/programs/localassistance/guidelines-and-procedures/local-assistance-procedures-manual-lapm. c. Any contract entered into as a result of this RGA shall contain all the provisions stipulated in this RGA to be applicable to AGENCY’s sub-recipients, contractors, and subcontractors.

Copies of all agreements with sub-recipients, contractors, and subcontractors, must be able to be provided upon request to the CALTRANS District Grant Manager. d. CALTRANS does not have a contractual relationship with the AGENCY’s subrecipients, contractors, or subcontractors, and the AGENCY shall be fully responsible for all work performed by its subrecipients, contractors, or subcontractors. e. Prior notification in writing by the CALTRANS District Grant Manager shall be required before AGENCY enters into any non-budgeted sub-agreement. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. AGENCY shall retain all receipts for such purchases or services and shall submit them with invoices. f. Any contract entered into by AGENCY as a result of this RGA shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subrecipients, contractors, and subcontractors, will be allowable as Project costs only after those costs are incurred and paid for by the subrecipients, contractors, and subcontractors. Travel expenses and per diem rates for subcontractors shall be reimbursed pursuant to Section III–Payment and Invoicing, Item 14b, above.

27. Drug-Free Workplace Certification
By signing this RGA, AGENCY hereby certifies under penalty of perjury under the laws of California that AGENCY will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code Sections 8350 et seq.) and will provide a Drug-Free workplace by doing all of the following:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:

City of Guadalupe
Agreement Number: CCL-5292-010
AMS ADV ID: 0524000110

1) The dangers of drug abuse in the workplace.
2) The person's or organization's policy of maintaining a Drug-Free workplace. 3) Any available counseling, rehabilitation, and employee assistance programs. 4) Penalties that may be imposed upon employees for drug abuse violations. c. Provide, as required by Government Code Section 8355(a)(3), that every employee who works on the proposed contract or grant:
1) Will receive a copy of the company's Drug-Free policy statement. 2) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant.
d. Failure to comply with these requirements may result in suspension of payments under this RGA or termination of this RGA or both, and AGENCY may be ineligible for the award of any future state contracts if CALTRANS determines that any of the following has occurred: (1) AGENCY has made a false certification or, (2) AGENCY violates the certification by failing to carry out the requirements as noted above.

28. Relationship of Parties
It is expressly understood that this agreement is executed by and between two (2) independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party.

29. State-Owned Data
a. AGENCY agrees to comply with the following requirements to ensure the preservation, security, and integrity of State-owned data on portable computing devices and portable electronic storage media:
1) Encrypt all State-owned data stored on portable computing devices and portable electronic storage media using government-certified Advanced Encryption Standard (AES) cipher algorithm with a 256-bit or 128-bit encryption key to protect CALTRANS data stored on every sector of a hard drive, including temp files, cached data, hibernation files, and even unused disk space.
2) Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as FIPS 140-2 Security Requirements for Cryptographic Modules.
3) Encrypt, as described above, all State-owned data transmitted from one computing device or storage medium to another.
4) Maintain confidentiality of all State-owned data by limiting data sharing to those individuals contracted to provide services on behalf of the State, and limit use of State information assets for State purposes only.
5) Install and maintain current anti-virus software, security patches, and upgrades on all computing devices used during the course of the Agreement. 6) Notify the CALTRANS District Grant Manager immediately of any actual or attempted violations of security of State-owned data, including lost or stolen computing devices, files, or portable electronic storage media containing State-owned data.

City of Guadalupe
Agreement Number: CCL-5292-010
AMS ADV ID: 0524000110

7) Advise the owner of the State-owned data, the AGENCY Information Security Officer, and the AGENCY Chief Information Officer of vulnerabilities that may present a threat to the security of State-owned data and of specific means of protecting that State-owned data. b. AGENCY agrees to use the State-owned data only for State purposes under this Agreement. c. AGENCY agrees to not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s) (State Administrative Manual (SAM) Section 5335.1).

30. CALTRANS’ Use of “Before” and “After” Project Photographs a. AGENCY acknowledges it provided a “Before” photograph of the Project with the AGENCY’s application for the Clean California Local Grant Program. AGENCY acknowledges and agrees it must provide an “After” photograph of the Project as part of the close out reporting process.
b. AGENCY warrants it is the copyright owner of the “Before” and “After” Project photographs. c. Neither the “Before” nor “After” Project photographs shall include the faces of any individuals.
d. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the “Before” and “After” Project photographs, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. e. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.

31. Limited Grant of Rights to CALTRANS for Use of Educational Programming (“educational programming”) Created or Produced for Project and Visual Art Located Outside of State Right-ofWay (“Artwork”) Created or Produced for Project a. Educational programming:
i. AGENCY shall obtain from any and all copyright owner(s) of educational programming a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns City of Guadalupe
Agreement Number: CCL-5292-010
AMS ADV ID: 0524000110

(including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.
iv. To the extent any logos, including trademarks or service marks, belonging to third parties and/or the AGENCY are used on educational programming created or produced for Project under this RGA, AGENCY agrees to obtain and grant all necessary rights for CALTRANS to use and allow agents of CALTRANS to use the logos in connection with use of the educational programming for non-commercial purposes or State government purposes. This includes but is not limited to reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education and exhibition catalogues or other similar publication. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. b. Artwork:
i. AGENCY shall obtain from the artist(s), or any other copyright owner(s) of Artwork, a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.

32. Government Purpose Rights for Inventions
a. Inventions are any idea, methodologies, design, concept, technique, invention, discovery, improvement, or development regardless of patentability made solely by AGENCY or jointly with the AGENCY’s contractor, subcontractor and/or subrecipient during the term of this RGA and in performance of any work under this RGA, provided that either the conception or reduction to practice thereof occurs during the term of this RGA and in performance of work issued under this City of Guadalupe
Agreement Number: CCL-5292-010
AMS ADV ID: 0524000110

RGA.
b. CALTRANS will have Government Purpose Rights to any inventions created as a result of the Project. “Government Purpose Rights” are the unlimited, irrevocable, worldwide, perpetual, royalty-free, non-exclusive rights, and licenses to use, modify, reproduce, perform, release, display, create derivative works from, and disclose any said invention. “Government Purpose Rights” also include the right to release or disclose said invention(s) outside CALTRANS for any State government purpose and to authorize recipients to use, modify, reproduce, perform, release, display, create derivative works from, and disclose the invention(s) for any State government purpose. “Government Purpose Rights” do not include any rights to use, modify, reproduce, perform, release, display, create derivative works from, or disclose the invention(s) for any commercial purpose.

33. Additional Intellectual Property Provisions
a. To the extent any intellectual property is created or produced for Project under this RGA, and not covered in other provisions of this RGA, AGENCY agrees to take reasonable steps to ensure that CALTRANS has the rights necessary to allow for use of the intellectual property in a fashion substantially similar to other rights for non-commercial uses and State government purposes described in this RGA.
b. If additional uses are reasonably determined to be needed by CALTRANS for public outreach purposes, AGENCY will obtain rights and grant CALTRANS and its agents said additional rights for use of the “Before” and “After” Project photos, Artwork created or produced for Project under this RGA, and educational programming created or produced for Project under this RGA. The grant will be an irrevocable, non-exclusive, perpetual, royalty-free, sublicensable, unlimited, worldwide license.
c. When requested to so do by AGENCY, all reproductions and/or copies by CALTRANS of “Before” or “After” Project photographs, educational programming, and Artwork shall contain a credit to the Artist/ Copyright owner(s) and a copyright notice in substantially the following form:
© [Artist/Copyright owner’s name, date of publication]. AGENCY bears sole responsibility to promptly notify CALTRANS, in writing, about instances where such accreditation is requested and provide the Artist/ Copyright owner’s name and date of publication. CALTRANS will make reasonable efforts to affix the copyright notice in a timely manner. d. Required disclaimer language for educational programming and Artwork created or produced for Project under this RGA.
i. Educational programming: AGENCY must place a disclaimer statement in a conspicuous manner on the educational programming created or produced for Project under this RGA a disclaimer that states the content of the educational programming does not reflect the official views or policies of CALTRANS. The educational programming does not constitute a standard, specification, or regulation.
ii. Artwork: AGENCY must place a disclaimer statement in a conspicuous manner on or in close proximately to the Artwork created or produced for Project under this RGA a disclaimer statement that the contents of the artwork do not reflect the official views or policies of CALTRANS.
e. Avoidance of Infringement: In performing work under this RGA, AGENCY and its employees agree to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If AGENCY or its employees becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY or its employees shall immediately notify CALTRANS in writing. f. Contractors, Subcontractors, and Subrecipients: Through contract with its sub-recipients, contractors, and subcontractors, AGENCY shall affirmatively bind by contract all of its City of Guadalupe
Agreement Number: CCL-5292-010
AMS ADV ID: 0524000110

contractors, subcontractors, subrecipients, and service vendors (hereinafter “AGENCY’s Contractor/Subcontractor/Subrecipient”) providing services under this RGA to conform to the provisions of paragraphs 31-33 of this RGA. In performing services under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall agree to avoid designing or developing any items that infringe one (1) or more patents or other intellectual property rights of any third party. If AGENCY’s Contractor/Subcontractor/Subrecipient becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall immediately notify the AGENCY in writing, and AGENCY will then immediately notify CALTRANS in writing.

34. Visual Art Located on California State Right-of-Way AGENCY agrees if Project involves visual art located on California State right-of-way, Project must be submitted and adhere to CALTRANS’ most current Transportation Art Proposal process, policies, guidelines, and requirements. Information regarding CALTRANS’ Transportation Art program can be found at https://dot.ca.gov/programs/design/lap-landscape-architecture-andcommunity-livability/lap-liv-j-transportation-art. AGENCY bears sole responsibility for ensuring that any Project will be timely submitted through CALTRANS’ Transportation Art Proposal process, approved, and installed prior to any deadlines as required by this RGA. a. AGENCY acknowledges that funds provided by CALTRANS under this RGA shall not be used for maintenance outside of the project time limits as provided in this RGA. b. AGENCY acknowledges that the CALTRANS’ Transportation Art Proposal process requires, among other things, CALTRANS ownership of any tangible visual final artwork, an unlimited, irrevocable copyright assignment to CALTRANS of the final artwork, and waiver of moral rights under California Civil Code § 987 (the California Art Preservation Act) and 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”) of the final artwork. c. AGENCY acknowledges that any submittal to the CALTRANS’ Transportation Art Proposal process includes restrictions on the type of work that can be located on California State right-ofway.

35. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards In addition to, and not a limitation of, AGENCY’s indemnification obligations contained elsewhere in this Agreement, AGENCY hereby assumes all risks of the consequences of exposure of AGENCY’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind, or origin. AGENCY also agrees to take all appropriate safety precautions to prevent any such exposure to AGENCY’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. AGENCY also agrees to indemnify and hold harmless CALTRANS, the State of California, and each and all of their officers, agents, and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, AGENCY also agrees that the provisions of this City of Guadalupe
Agreement Number: CCL-5292-010
AMS ADV ID: 0524000110

paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CALTRANS, the State of California, and/or any of their officers, agents and/or employees.

36. Mandatory Organic Waste Recycling
It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if proposed contractor generates two (2) cubic yards or more of organic waste or commercial solid waste per week, AGENCY shall ensure that the proposed contractor arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling. Proposed contractor shall provide AGENCY proof of compliance, i.e., organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling. AGENCY must be able to provide this proof upon request from CALTRANS District Grant Manager.

37. Project Close Out/Closeout Report
a. AGENCY will provide a final close out report to the CALTRANS District Grant Manager no later than November 1, 2026.

CALTRANS reserves the right to inspect the project location prior to approving the final invoice and closeout report.
b. CALTRANS reserves the right to withhold final payment to AGENCY pending receipt and approval of the final closeout report by the CALTRANS District Grant Manager. c. Payments shall be forfeit if invoices are submitted after November 1, 2026.

38. ADA Compliance
All entities that provide electronic or information technology or related services that will be posted online by CALTRANS must be in compliance with Government Code Sections 7405 and 11135 and the Web Content Accessibility Guidelines (WCAG) 2.0 or subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success. All entities will respond to and resolve any complaints/deficiencies regarding accessibility brought to their attention.

39. Prevailing Wages and Labor Code Compliance
AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for any public works or maintenance contracts and subcontracts executed for the AGENCY’s work on or for the Project.

40. In the event of any inconsistency between the provisions which constitute this RGA, the following order of precedence shall apply:

I. This Restricted Grant Agreement (as amended);
II. The CALTRANS Local Grant Program Guidelines;
III. Approved Indirect Cost Rate (if applicable);
IV. Approved Grant Application (as amended); and
V. AGENCY Resolution.

41. Survival
AGENCY’s representations, the indemnification provisions in paragraph 21, intellectual property provisions in paragraphs 30, 31, 32, and 33, and all other provisions which by their inherent character City of Guadalupe
Agreement Number: CCL-5292-010
AMS ADV ID: 0524000110

establish ongoing obligations shall remain in full force and effect, regardless of any expiration and/or termination of this RGA.

42. Sanctions
No agreements under this RGA shall be made with individuals and/or entities that are determined to be a target of sanctions by the State of California while such sanctions are in effect.

City of Guadalupe
Agreement Number: CCL-5292-010
AMS ADV ID: 0524000110

Section IV
Attachments:

The following attachments are incorporated into, and are made a part of this RGA by this reference and attached hereto.

I. Grant Program Guidelines
II. Approved Indirect Cost Rate (if applicable)
III. Approved Grant Application and Amendment(s) to Grant Application (if applicable) IV. AGENCY Resolution
In Witness Whereof, the parties hereto have executed this RGA on the day and year first herein above written:

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

THE CITY OF GUADALUPE
By: By:

Printed Name:

Gretchen Chavez
Printed Name:

Title:

Office Chief
Office of Innovative Programs
Division of Local Assistance
Title:

Date: Date:

By:

Printed Name:

Title:

Date:

City of Guadalupe
Agreement Number: CCL-5292-010-A1
Clean California Local Grant Program AMS ADV ID: 0524000110 (State)
Amendment to Grant Agreement
Amendment
Number_1_(“Amendment”)
This Amendment will commence on September 15, 2023, or upon approval by CALTRANS, whichever occurs later, and it amends the Grant Agreement submitted by the CITY OF GUADALUPE, hereinafter referred to as AGENCY, as set forth below:

Agreement or Application
Section
Original Text Amended Text Reason for Change
Main application form, Total
Project Cost row
$1,310,000 $1,310,553 Application entry error.

Main application form, Minimum
required local match value $ row
$487,500 $306,000 Application entry error.

Scope, Cost, and Schedule,
Total CCLGP Participating
Project Cost row
$1,310,000 $1,310,553 Application entry error.

In Witness Whereof, the parties hereto have executed this Amendment Number _1_ to the Grant Agreement on the day and year first herein above written:

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

CITY OF GUADALUPE
By: By:

Printed Name:

Gretchen Chavez
Printed Name:

Title:

Office Chief
Office of Innovative Programs
Division of Local Assistance
Title:

Date: Date:

By:

Printed Name:

Title:

Date:

ATTACHMENT 3
CITY ADMINISTRATOR’S REPORT
February 13, 2024
(Information below may be subject to change)

1. Central Coast Processing (CCP) Tours and Schedules
Mayor Ariston Julian, Councilmember Gilbert Robles and City Administrator Todd Bodem will tour the Central Coast Processing Plant on Tuesday, February 20th at 11:30 a.m.

Here are some additional dates and times that CCP can do tours for the remaining city council members:
2/26-3/1 10am-5pm
3/4-3/7 10am-5pm
3/11-3/14 10am-5pm
Council, please let the City Administrator know if you are interested in a tour of the facility based on the available times above.

2. February 2024 Storm All City Meeting
On February 5th, the Mayor, Finance Director, Public Safety Director, and City Administrator met to discuss the need to have an All-CITY STAFF gathering post storm (held: Staff met on February 7th Noon) to talk about how we all have weathered another epic storm and through the collective teamwork, preparedness, and quick response the city has managed to come through with minimal problems.

For us to better understand what happened, how we will respond in the future, and what each department is doing, we had an open group and roundtable discussion.

Each department head gave a short update on what is new in their department, what their role would be in any emergency, and what they are planning for future projects.

The Public Safety Director and City Administrator gave an overall city update and talked about the recently awarded state funding we have received for addressing our City Hall infrastructure.

3. January 2024 Interest
Smile: January 31st Interest: $50,396.27
Total since October 15th when the account opened $166,002.27.

Agenda Item No. 9A

4. Central Park Project
City staff continues to work on the Central Park project submitted a signed Progress Status Report to Omar Shafqat, Project Officer of the Office of Grants and Local Services for California Department of Parks and Recreation before the deadline of February 9, 2024. The progress status report was signed by the Mayor.

5. Santa Barbara County Sales History 2023 Q4 (Attachment 1) While California’s statewide median price slightly decreased from November, it posted its largest year-over-year gain since May 2022. December’s statewide median home price was $817,740, down 0.3 percent from November and up 6.4 percent from a year ago. 2023 was a tough year as a shortage of homes for sale and high costs of borrowing continued to have a negative impact on housing inventory and demand. With mortgage rates expected to decline in the next 12 months, home sales will bounce back as buyers and sellers return to a more favorable housing market. Home prices should see a moderate increase in 2024 as well.

Please see the chart below for sales and price activity by region.

Median Sold Price of Existing Single-Family Homes Sales State/Region/County
Dec. Nov. Dec. Price
MTM%
Chg
Price
YTY%
Chg
Sales
MTM%
Chg
Sales
YTY%
Chg 2023 2023 2022
Calif. Single-family home $819,740 $822,200 $770,490 -0.30% 6.40% 0.00% -7.10% Calif. Condo/Townhome $635,000 $660,000 $587,000 -3.80% 8.20% -3.70% -0.20% Los Angeles Metro Area $760,000 $785,000 $716,500 -3.20% 6.10% 2.50% -3.50% Central Coast $979,500 $955,000 $869,860 2.60% 12.60% -2.70% -4.00% Central Valley $462,000 $474,800 $438,000 -2.70% 5.50% 4.00% -14.80% Far North $364,500 $375,000 $350,000 -2.80% 4.10% -6.20% -8.20% Inland Empire $570,000 $567,500 $535,000 0.40% 6.50% 8.00% 1.30% San Francisco Bay Area $1,182,000 $1,250,000 $1,050,000 -5.40% 12.60% -14.60% -11.40% Southern California $790,000 $824,500 $743,180 -4.20% 6.30% 1.10% -6.20% (Regional and condo sales data not seasonally adjusted)

6. Pasadera Budgets/Rail Prehearing
The City Administrator had a zoom call with Craig Smith, Pasadera Project Manager, Lori Speer, Civil Engineer for Pasadera, and Alexander Popovici of O.G. Engineering to talk about prehearing with the courts on the bridges over the tracks in the Pasadera development. Here are thoughts to discuss at the hearing scheduled for February 13.

Project Status:

Context - UPRR owns ROW and railroad track, SMVRR operates & maintains railroad (lease from UPRR).

Bridge plans approved by the railroads (UPRR & SMVRR). C&M Agreements for both bridges are issued and signed by the City, pending railroads' signature - SMVRR needs to sign first, UP will sign second. SMVRR refuses to sign until specific improvements are made to the railroad track (reimbursement agreement in process of being drafted by Developer). Specific railroad project construction maintenance costs and ownership are being negotiated between the Developer and SMVRR; not a fast-moving or an easy process.

CPUC Process:

Pre-hearing - City and the CPUC Staff Attorney are presenting the pre-hearing conference statement to the ALJ (Administrative Law Judge) on February 13th, to provide the ALJ with parties' position on the proposed project, the scope of the project, and to determine the schedule for the further proceedings on the case. This procedural matter is just an overall presentation of the project and is an opportunity to answer any questions the ALJ may have on the project in preparation for the hearing.

The typical timeline for scheduling a pre-hearing and hearing is 12 months from the time of the application as it includes the time necessary for CPUC Staff to prepare their report on the project (field investigation, review of the application, etc.). This application was submitted in December 2023, a quick turnaround from the Commission signifies that the CPUC Staff and the ALJ are aware, to a degree, of the urgency and the importance of the project for the City and the community. The initial Staff Report was completed on February 1st, 2024, and is in support of the project, highlighting what appears to be a favorable view of the project by the CPUC.

Several months after completion of the pre-hearing, the Evidentiary Hearing will be conducted. The ALJ may request a Public Hearing if the project warrants it (usually this happens on Utility Rates setting - gas, electricity, or such; not expected here); these hearings are typically conducted in-person. Based on CPUC's responses to this point, Mr. Popovici expects a quick scheduling of the hearing(s) (his guess is 2-4 months, but this is just a guess) followed by an expediting ruling/proposed decision by the ALJ. The last step is the vote by the 5 Commissioners for the Final Decision and Order.

7. Measure A Cycle 4 Competitive Grant. School Sidewalk - Pre-Application submitted Dec. 15.

On February 2 Christine Rose, Townsend Public Affairs, City Administrator, Dena Boortz (GUSD), and Jeff van den Eikhof, City Engineer met to go over projects and determine which tasks should be handled by whom for the deadline for final submittal on February 16.

On January 11, the City and School District received the application checklist for Measure A Cycle 4, with items that the Grant Writer will need from us. Now Townsend (grant firm) has a better understanding of the project, so that they can work on the rest of the narrative questions.

8. Public Records Training
This month, Assistant City Attorney Wendy Stockton will be providing training to key employees who manage Public Records Request in Public Safety and Administration. This type of training will help ensure that city staff are properly handling Public Records Requests.

Training Schedule: Mid-February (day/time to be determined).

9. Coastal Stories Project
The purpose of the Coastal Stories Project is to share the local stories – past and present – of the diverse people of Guadalupe and their relationship to the natural wonders of the nearby Guadalupe Dunes Complex. The Grantee will accomplish this through community-led creation of interpretive signage posted around the city of Guadalupe, a community mural, website, and documentary video content featuring community elders.

What they are looking for is:

A cost estimate for the installation of six (6) interpretive signs by City Staff (Eddie and/or Juan). The signs will be full color 2' x 3' and would be located at the following locations:

1. LeRoy Park

2. Central Park

3. O'Connell Park

4. City Hall

5. "Esperanza Park" on the Paseo side of Pasadera

6. "Cielo Park" on the Cielo side of Pasadera
Additionally, there will be a 6' x 40' mural on the wall near the Orca at O'Connell Park. There is NO cost to the city for these items as the materials are already budgeted for within the grant. They also have budgeted money to hire the city staff for the sign installation. Getting the blessing from the City in writing for the signs/mural at the aforementioned locations as well as an OFFICIAL cost for the sign installation would be greatly appreciated by this group.

10. Office of Traffic Safety Grant Application
On January 31, the City submitted the OTS grant requesting funds for radar equipment and PAS devices was submitted in the amount of $25,117.80.

Application Description:

This application for the Guadalupe Police Department is for funds to purchase four (4) Preliminary Alcohol Screening (PAS) devices (with printers) and four (4) in-car DUAL band radar systems. The Department's current equipment is outdated and becoming inefficient; the current radar devices are more than 15 years old, and the PAS tools are over 10 years old.

Focus of Application: Alcohol-Impaired Driving. More to come on this…..

11. Guadalupe School Reunion Planning – Summer 2024
The Mayor informed the City Administrator that there are upcoming plans for the AllGuadalupe School reunion scheduled for this coming Summer.

The event will be sponsored by the Guadalupe Sports Hall of Fame, the non-profit tie into the planning process, which will also include a GSHF induction to bring more people to the event.

The event is planned for August 3rd.

12. LeRoy Park Phase I. State of California Department of Parks and Recreation – Reimbursement
The city received a grant reimbursement check in the amount of $177K for Le Roy Park Phase which should be the last stipend.

13. Guadalupe ROPS 2024-25 Received by Department of Finance The Guadalupe ROPS 2024-25 was approved by the Successor Agency on January 23.

The Department of Finance will review the submitted ROPS documents for completion. The Agency will receive a separate e-mail notification if the ROPS is rejected. If rejected, the Agency will have to resubmit the required ROPS documents through the RAD App. If our ROPS is accepted, a Finance analyst will contact us to request documentation and ask follow-up questions.

14. Guadalupe – OB 24-03 – Initiation Long Range Property Management Disposition – Als Union
The Department of Finance (DOF) is in receipt of the Oversight Board (OB) Resolution No. 24- 03 approving the transfer of property for Future Development by the Successor Agency to the Redevelopment Agency of the City of Guadalupe to the City of Guadalupe in accordance with Health and Safety Code Section 34181(a). Pursuant to Health and Safety Code section 34179 (h), the California Department of Finance (Finance) may request a review of the submitted Oversight Board actions.

Finance is statutorily obligated to operate within a 40-day review period. Therefore, they may contact the City to obtain further clarification and/or supporting documentation to resolve any questions within the specified time frame.

15. Electric Bus (EV Bus 160) Update
The City Administrator has been in constant contact with SMOOTH staff regarding the EV Bus.

The initial diagnosis of the transit bus has been completed; the message below is an excerpt from our Driver Trainer & Fleet Lead (Chuck) about what they think they found:
'I just spoke with the service technician at Phoenix. The engineers were able to diagnose the fault and they confirmed the motor will have to be replaced'.

Obviously, this is expected to be a warranty issue. Repairs are expected to be conducted at their vendor shop in Santa Maria, PC Mechanical, under the supervision of the Phoenix Motors service technician. PC Mechanical shop staff participated in the technician training offered as part of the Proterra (now Phoenix Motors) bus purchase agreement.

No timetable yet and the groundwork has just started but they will keep me, and Dayanira appraised as this plays out.

16. Santa Barbara County Public Health – Animal Services Administration Update 10/1/23 – 12/31/23 – Kennel Service
Attachment 2 shows the Santa Barbara County – Animal Kennel Services from 1-31 through 12-31-2023.

17. Pointe Sal Dunes Marine Protected Sanctuary
The City Administrator met with the Natural Resources Defense Council (NRDC) who is looking to connect with the City of Guadalupe to discuss a petition to create a new Marine Protected Area (MPA) in the coastal waters off Point Sal, which is just south of the City of Guadalupe.

To provide some quick context, the Fish and Game Commission concluded their 10-year evaluation - aka the “Decadal Management Review” - of the Marine Protected Area (MPA) network in 2022 and shortly thereafter opened the opportunity for the public to submit petitions to make changes to the existing network. The Decadal Management Review found that California's MPA network of 124 protected areas is working -- protected ecosystems are doing well, there are also more and bigger fish within protected areas that are believed to be spilling over into nonprotected areas. But the network needs more time to continue protecting important habitats and certain changes need to be made to strengthen it as it currently only covers 12% of the state's total coastal waters in fully or highly protected areas.

NRDC submitted two petitions for consideration by the Fish and Game Commission: 1) designate a new State Marine Reserve off Point Sal, and 2) designate a new State Marine Conservation Area off the coast of Carpinteria. The Commission is currently reviewing the petitions that NRDC submitted along with about 20 other petitions that other organizations submitted. All the petitions submitted to the Commission are now publicly available.

They want to share this information with the city because they think all stakeholders should be aware and because the new protected area would deliver many benefits to the local community. The City Administrator met to discuss further, and they answered questions about supporting their proposal. The City Administrator referred to our County Supervisor(s) for input, or at least transparency reasons. The Fish and Game Commission will evaluate petitions at their meeting on February 14, so there will be an opportunity for the city to voice support if interested.

18. California Volunteers Local and Regional Government: Connecting Neighbor to Neighbor Grant.

This is a rather last-minute grant announcement, but the City Administrator and the Public Safety Director wanted to make you aware of the Neighbor-to-Neighbor program which offers a minimum of $500,000 to disadvantaged communities for community events such as block parties, training/education events, disaster mitigation/preparedness, etc. Last year was the first round and it was undersubscribed, so this could be a good shot at getting the community a decent chunk of change that’s flexible. At the January 23rd CC meeting, Council approved the implementation of the volunteer Guadalupe Safety Support Team (GSST) and to equip and support the program with uniforms and training under the direction of the Department of Public Safety. The City Team has submitted this information to the Grant Writing firm (Townsend Public Affairs) as a basis for the grant application.

See Attachment 3 for more details about the grant.

19. Staff Team Building – JPIA Training
The Joint Powers Insurance Agency (JPIA) provides specialized training on TEAM building for employees, at no cost to the City as a member City. They work with a consulting firm called 34th street Consultants who provide a series of offers, including the following:
• The Maxims of Change: Four Keys to Positive Sustained Change. • Effective Communication for Workplace Success
• Customer Service for Public Agencies: Effective Strategies for Success • The Wedge: A Simple metaphor to Improve all your Work Relationships • Building and Rebuilding Trust with your co-workers and community stakeholders
• Revitalizing a Resilient Workforce: Mitigating Burnout • Understanding your Role as Leader Vs. Manager
The City Administrator plans on conducting this TEAM building meeting with all employees in March 2024.

20. Progress Highway 166/Black Road Project
Construction of the Highway 166/Black Road Traffic Signal and Safety Improvement Project will begin this Spring/Summer following unforeseen delays identified in pre-construction such as work to get utilities relocated, traffic signal equipment, and a permit from the California Department of Fish and Wildlife. PG&E has begun pre-construction work starting mid-January to relocate utilities helping to pave the way for the upcoming start of construction. The lead times related to fabrication, inspection and delivery of traffic signal poles is expecting longer delays than originally anticipated, with an estimated delivery date in April. In addition, the California Department of Fish and Wildlife (CDFW) permit has placed restrictions, indicating that work in the area (drainage ditches along Highway 166) cannot begin before July 1. The project team re-submitted a permit application seeking a start date of May 1, with a response expected from CDFW in March. Overall, project construction will be 100-days (five months) including a brief closure of Black Road for four weeks at the start of construction. The project team is grateful for the ongoing support of neighboring property owners and despite initial delays is making progress toward a safer and more efficient roadway.

21. 928 Gaudalupe Street Building Permit – SLOCAL ROOT Cannabis Retail The building permit for SLOCAL ROOT is ready to be issued. Building permit payment must be made and two full-size sets of the plans submitted on 12/11/23 by email, so that they can be stamped approved. Once the remodel is inspected and completed, the Fire department will need to conduct an inspection of the business. Once your business license is signed off by the Fire Department, the City will issue you a Certificate of Occupancy and your business license.

Tentative opening date: March/April 2024.

22. City of Guadalupe Special Tax Districts
The City Administrator touched on this idea before with the City Council but with all the activity lately, this idea was paused. Over the years the City has made significant improvements to its financial conditions. The fact that the City had reserves sufficient to cover the costs of storm impacts is a testament to these improvements. Looking at the General Fund, it has been subsidized during the last two years with ARPA funding. These funds will no longer be available after the fiscal year 2024. The Public Services provided by the General Fund that seem to be most critical to the public are Public Safety Services and Parks and Recreation Facilities and Programming. These combined services account for 67% of the General Fund Budget. Cutting costs of other Departments to ensure the maintenance of Public Safety/Parks and Recreation program is not viable. Revenues from the Cannabis industry will deliver but have been slow to materialize and are not likely to contribute the full amount of revenues needed to meet the Cost demands of delivering critical services.

The City Administrator would recommend the City seriously look at augmenting the General Fund with either a parcel tax or the implementation of a Mello Roos Community Service Facilities District with proceeds from these sources used to augment the General Fund specifically for the delivery of Public Safety/Parks and recreation services. This recommendation deserves a detailed review. It would be a heavy lift. Both alternatives would require a 2/3 majority at the poll. Keep in mind that the recent ballot measure to raise the Transient Occupancy Tax failed but by only 4 votes. The success of such a ballot measure would be dependent on the level of public education regarding the necessity of augmenting existing funding sources. In the event one of these revenue-raising options is successful it would sole source the funding for critical services leaving the remainder of General Fund revenues to fund other core services.

On January 31, the City Administrator and the Finance Director met with a fiscal agent and bond counsel to discuss these types of special assessment taxing districts to see how they could assist city staff in its implementation.

In an upcoming City Council meeting, staff would like to have the consultants define needs/goals and determine what services are needed and how this program can support it.

More to come…
Attachments 4 is a summary and introduction to Community Facilities Districts.

23. Bren Program – Climate Action Plan Project
City staff had a good meeting in late January with the Guadalupe-Lompoc Initiative (GLI), maybe 40 minutes long. It looks like they will be in the running for $250,000 to get the Climate Action Plan (CAP) prepared and then perhaps some other Programs from the General Plan Update. Work will primarily be carried out by the Bren School of Planning with oversight from the County's Sustainability Division.

The Contract Planning Director will review the 43 Programs of the 2042 General Plan Update and see if there are any other ones that the group can work on as part of the funding. One interesting thing said by the Program Coordinator that when he reviewed the greenhouse gas (GHG) studies that were prepared for Guadalupe a few years ago, he said that our emissions were already in a range where they hope other cities would be able to attain. In other words, we could skip the plan and know that we were right where we needed to be. But that's not good enough, so we will spend money on a program that will tell us what we need to change in the city to be even greener.

24. Central Coast Processing - Community Benefit Agreement The City entered into a Community Benefit Agreement (CBA) with Central Coast Processing (CCP). The agreement has several provisions but for purposes of this discussion is pertaining to financial updates. CCP total sales from October to December 2023 were $1,349,820.03, but they haven't received all that money yet. From this total amount, they received $1,068,945.15. They have accounts receivable of $280,874.88 that the clients will probably pay before the end of the 1st quarter of 2024. This amount, when paid, will be reflected in the next 3% tax payment.

The City Administrator received a sales report for the invoices received (cash basis) and the sales report, including the unpaid invoices (accrual basis).

When owner Chris Bellamy gave the City Administrator the number, he looked at the accrual basis. He didn't check the box for cash basis and calculated the 3% on top of the invoices not paid yet.

CCB haven't filed any IRS or FTB tax returns yet since they started the business in October 2023. Their CPA elected to use a cash basis with the IRS, since they don't believe our revenue will exceed $10,000,000 per year, but something close to that number is possible.

Here is the definition of cash basis vs accrual basis according to the IRS:
• Under the cash method, you generally report income in the tax year you receive it and deduct expenses in the tax year in which you pay the expenses. Under the accrual method, you generally report income in the tax year you earn it, regardless of when payment is received.

The City received a check in the amount of $32,068 based on sales of $1,068,945.15. CCB must donate 1% for financial support to local nonprofits or $10,689 (see Attachment 5, list of nonprofits). The other 2% or $21,379 is a revenue source to support the general fund. The cannabis industry fluctuates, but the CCP owners project higher sales than this each quarter forward and the City could received anywhere from $160,000 to $240,000 per year in sales revenue and donations to non-profits.

The City Administrator Request Council to discuss a process on who and how much of the 1% shall be divided between the list of nonprofits.

25. City/County MOA Program to establish appropriate Sphere of Influence – Feb. 13th Meeting LAFCO is excited to embark on the opportunity to work with each City and County on developing meaningful Memorandum of Agreements between each City to advance an agreed upon Sphere of Influence boundary (SOI) for each City including Guadalupe. Under Section 56425 of the Cortese-Knox-Hertzberg Act a City and a County may enter into an agreement that establishes the boundaries of the Sphere of Influence, as well as the development standards and zoning requirements for the area.

LAFCO has put together a brief outline of what, why, and who should participate in this MOA Program. The City Administrator will have attended a “Kick-Off” meeting via Zoom on February 13, 2024, at 11:30 am to discuss the program and the benefits of adopting an MOA.

Developing an MOA could clearly articulate the commitments of both the County and Cities and identify the process for evaluating future development. It’s intended to bring together the City and the County to proactively address issues, clarify the intentions, increase the level of trust and coordination between the City and County. LAFCO would act as facilitator and encourage all parties to participate in developing an MOA that best fits our city’s needs.

The City Administrator’s Statements at the meeting are going to be as follows:

That the City of Guadalupe is not interested in expanding our city boundary where our Sphere of Influence (SOI) is also our city boundary. We are not interested in expanding the SOI for the following reasons:

A. When preparing our 2042 General Plan, the City Council chose a growth rate that allows the city to expand its population to around 12,000 residents without expanding the boundaries.

B. In order to expand in the future, since we are surrounded by prime agriculture, we would for sure require preparation of an EIR to address the Class I impacts to agriculture.

C. We are meeting our 6th Cycle RHNA numbers without any expansion of the city's boundaries.

26. Townsend Public Affairs February Grants Memo
Attachment 6 please find this month’s grants memo. Let the City Administrator know if you would like to chat about any of them.

27. Caltrans Public Meeting in Guadalupe Regional Transportation Projects – 1-31-2024 – City Auditorium
Below is a nice message from the Mayor which summarizes the Caltrans Public Meeting held on January 31, 2024:

Good Morning:

To all of you, and more, the venue last night with CalTrans and the community, was perfect, thanks to your help in hosting all those who attended. I was impressed with the crowd turnout as well as the layout provided by Caltrans to inform all of us, the projects about to happen in and around Guadalupe. As I have mentioned previously, the projects highlighted last night will have a price tag of over 85 Million dollars. Most of this impacting Guadalupe.

In your various departments and within office space, there were police officers, disaster staff, Parks and Recreation staff, HR, City Administration and probably another hand full of helpers setting up the food and auditorium.

The auditorium, PA system, seating, all the GOODIES, was perfect. Hopefully, city staff and other snacking individuals, take advantage of the items remaining after the meeting.

Thank you all for highlighting the fact that this community is a welcoming community. With you help, you made this positive event happen for the many visitors.

To CalTrans staff, Great Job……..The City of Guadalupe is excited to partner with you all to improve all that was presented. The discussions between your staff and the community, was very welcoming. Thank all of your CalTrans staff for this excellent presentations, feedback and discussions.

End of Report

SALES VALUE HISTORY

THE COUNTY OF SANTA BARBARA
Detached Single Family Residential Full Value Sales 01/01/2021 - 12/31/2023) Year Full Value Sales Average Price Median Price Median % Change 2021 Q1 850 $1,492,397 $678,000
2021 Q2 1,001 $1,585,873 $742,500 9.51%
2021 Q3 962 $1,484,717 $701,500 -5.52%
2021 Q4 813 $1,434,594 $690,000 -1.64%
2022 Q1 746 $1,641,314 $710,000 2.90%
2022 Q2 768 $1,567,031 $722,500 1.76%
2022 Q3 645 $1,462,777 $692,000 -4.22%
2022 Q4 492 $1,584,390 $690,750 -0.18%
2023 Q1 416 $1,572,505 $704,500 1.99%
2023 Q2 524 $1,773,727 $835,500 18.59%
2023 Q3 515 $1,665,662 $800,000 -4.25%
2023 Q4 451 $1,614,159 $775,000 -3.13%
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
$1,600,000
$1,800,000
2021 Q12021 Q22021 Q32021 Q42022 Q12022 Q22022 Q32022 Q42023 Q12023 Q22023 Q32023 Q4 Median Price Avg Price
Year
Sales Price
* Multiparcel transfers, quitclaim deeds, trust transfers, timeshares, and partial sales are excluded from this analysis.

This report is not to be used in support of debt issuance or continuing disclosure statements without the written consent of HdL, Coren & Cone
Data Source: Santa Barbara County Recorder Prepared On 1/22/2024 By MV ATTACHMENT 1

SALES VALUE HISTORY

THE CITY OF BUELLTON
Detached Single Family Residential Full Value Sales 01/01/2021 - 12/31/2023) Year Full Value Sales Average Price Median Price Median % Change 2021 Q1 9 $720,611 $702,500
2021 Q2 14 $772,964 $760,500 8.26%
2021 Q3 14 $732,143 $747,000 -1.78%
2021 Q4 14 $818,750 $796,750 6.66%
2022 Q1 14 $926,250 $929,750 16.69%
2022 Q2 13 $785,885 $800,000 -13.96%
2022 Q3 13 $824,115 $850,000 6.25%
2022 Q4 8 $833,188 $871,250 2.50%
2023 Q1 3 $822,667 $808,000 -7.26%
2023 Q2 9 $872,722 $875,000 8.29%
2023 Q3 5 $1,064,000 $1,045,000 19.43%
2023 Q4 4 $1,103,875 $1,090,000 4.31%
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
2021 Q12021 Q22021 Q32021 Q42022 Q12022 Q22022 Q32022 Q42023 Q12023 Q22023 Q32023 Q4 Median Price Avg Price
Year
Sales Price
* Multiparcel transfers, quitclaim deeds, trust transfers, timeshares, and partial sales are excluded from this analysis.

This report is not to be used in support of debt issuance or continuing disclosure statements without the written consent of HdL, Coren & Cone
Data Source: Santa Barbara County Recorder Prepared On 1/22/2024 By MV

SALES VALUE HISTORY

THE CITY OF GOLETA
Detached Single Family Residential Full Value Sales 01/01/2021 - 12/31/2023) Year Full Value Sales Average Price Median Price Median % Change 2021 Q1 41 $1,082,171 $1,000,000
2021 Q2 44 $1,210,784 $1,150,000 15.00%
2021 Q3 57 $1,250,789 $1,154,000 0.35%
2021 Q4 36 $1,296,597 $1,177,500 2.04%
2022 Q1 45 $1,578,767 $1,400,000 18.90%
2022 Q2 31 $1,631,919 $1,575,000 12.50%
2022 Q3 27 $1,374,241 $1,350,000 -14.29%
2022 Q4 26 $1,336,596 $1,225,500 -9.22%
2023 Q1 22 $1,300,932 $1,297,500 5.88%
2023 Q2 24 $1,455,896 $1,472,500 13.49%
2023 Q3 22 $1,424,023 $1,481,250 0.59%
2023 Q4 20 $1,402,075 $1,350,000 -8.86%
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
$1,600,000
$1,800,000
2021 Q12021 Q22021 Q32021 Q42022 Q12022 Q22022 Q32022 Q42023 Q12023 Q22023 Q32023 Q4 Median Price Avg Price
Year
Sales Price
* Multiparcel transfers, quitclaim deeds, trust transfers, timeshares, and partial sales are excluded from this analysis.

This report is not to be used in support of debt issuance or continuing disclosure statements without the written consent of HdL, Coren & Cone
Data Source: Santa Barbara County Recorder Prepared On 1/22/2024 By MV

SALES VALUE HISTORY

THE CITY OF GUADALUPE
Detached Single Family Residential Full Value Sales 01/01/2021 - 12/31/2023) Year Full Value Sales Average Price Median Price Median % Change 2021 Q1 34 $418,802 $445,250
2021 Q2 28 $454,446 $473,500 6.34%
2021 Q3 17 $483,088 $495,000 4.54%
2021 Q4 13 $492,615 $545,000 10.10%
2022 Q1 40 $512,819 $526,500 -3.39%
2022 Q2 32 $550,563 $563,250 6.98%
2022 Q3 33 $547,904 $578,500 2.71%
2022 Q4 21 $585,167 $590,000 1.99%
2023 Q1 12 $470,458 $490,000 -16.95%
2023 Q2 15 $514,000 $545,000 11.22%
2023 Q3 12 $494,167 $505,000 -7.34%
2023 Q4 10 $534,750 $571,500 13.17%
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
2021 Q12021 Q22021 Q32021 Q42022 Q12022 Q22022 Q32022 Q42023 Q12023 Q22023 Q32023 Q4 Median Price Avg Price
Year
Sales Price
* Multiparcel transfers, quitclaim deeds, trust transfers, timeshares, and partial sales are excluded from this analysis.

This report is not to be used in support of debt issuance or continuing disclosure statements without the written consent of HdL, Coren & Cone
Data Source: Santa Barbara County Recorder Prepared On 1/22/2024 By MV

SALES VALUE HISTORY

THE CITY OF LOMPOC
Detached Single Family Residential Full Value Sales 01/01/2021 - 12/31/2023) Year Full Value Sales Average Price Median Price Median % Change 2021 Q1 80 $421,213 $415,000
2021 Q2 92 $457,815 $462,500 11.45%
2021 Q3 102 $456,324 $470,000 1.62%
2021 Q4 93 $482,000 $475,000 1.06%
2022 Q1 83 $540,898 $530,000 11.58%
2022 Q2 80 $531,200 $535,000 0.94%
2022 Q3 71 $496,486 $509,000 -4.86%
2022 Q4 54 $491,435 $500,000 -1.77%
2023 Q1 57 $474,114 $470,000 -6.00%
2023 Q2 53 $537,585 $549,000 16.81%
2023 Q3 55 $538,245 $536,000 -2.37%
2023 Q4 47 $540,436 $535,000 -0.19%
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
2021 Q12021 Q22021 Q32021 Q42022 Q12022 Q22022 Q32022 Q42023 Q12023 Q22023 Q32023 Q4 Median Price Avg Price
Year
Sales Price
* Multiparcel transfers, quitclaim deeds, trust transfers, timeshares, and partial sales are excluded from this analysis.

This report is not to be used in support of debt issuance or continuing disclosure statements without the written consent of HdL, Coren & Cone
Data Source: Santa Barbara County Recorder Prepared On 1/22/2024 By MV

SALES VALUE HISTORY

THE CITY OF SANTA MARIA
Detached Single Family Residential Full Value Sales 01/01/2021 - 12/31/2023) Year Full Value Sales Average Price Median Price Median % Change 2021 Q1 154 $459,721 $453,250
2021 Q2 189 $470,037 $455,000 0.39%
2021 Q3 203 $506,227 $514,000 12.97%
2021 Q4 172 $502,878 $515,000 0.19%
2022 Q1 136 $509,658 $510,000 -0.97%
2022 Q2 162 $556,364 $553,500 8.53%
2022 Q3 142 $563,523 $559,500 1.08%
2022 Q4 117 $532,723 $535,000 -4.38%
2023 Q1 81 $571,383 $560,000 4.67%
2023 Q2 94 $574,973 $588,500 5.09%
2023 Q3 109 $581,574 $570,000 -3.14%
2023 Q4 102 $576,559 $585,500 2.72%
$0
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
2021 Q12021 Q22021 Q32021 Q42022 Q12022 Q22022 Q32022 Q42023 Q12023 Q22023 Q32023 Q4 Median Price Avg Price
Year
Sales Price
* Multiparcel transfers, quitclaim deeds, trust transfers, timeshares, and partial sales are excluded from this analysis.

This report is not to be used in support of debt issuance or continuing disclosure statements without the written consent of HdL, Coren & Cone
Data Source: Santa Barbara County Recorder Prepared On 1/22/2024 By MV ATTACHMENT 2
State Capitol Office ▪ 925 L Street • Suite 1404 • Sacramento, CA 95814 • Phone (916) 447-4086 • Fax (916) 444-0383 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 • (949) 399-9050 • Fax (949) 476-8215 Federal Office ▪ 600 Pennsylvania SE • Suite 207 • Washington, DC 20003 • Phone (202) 546-8696 • Fax (202) 546-4555 Northern California Office ▪ 300 Frank Ogawa Plaza • Suite 204 • Oakland, CA 94612 • Phone (510) 835-9050 • Fax (510) 835-9030 California Volunteers
Local and Regional Government: Connecting Neighbors to Neighbors Program
The Neighbor-to-Neighbor program seeks to build on evidence-based practices to create strong networks in and across neighborhoods that support one another as well as jointly tackle shared community challenges.

The Neighbor-to-Neighbor program is built on a framework that puts the neighborhood in the lead to drive activity and connections.

Deadline February 9, 2024, 5pm
Eligible
Applicants
Local governments in partnership with:

1. Non-profits and CBO’s

2. Neighborhood Associations

3. Third Places (eg. Libraries, Parks, Community Centers)

4. Disaster and Climate Response Organizations
Project
Eligibility

1. Projects must run from March 4, 2024 through January 2026.

2. Must be located in designated Disadvantaged Communities.

3. Projects involving local neighborhood and community partners will be prioritized.

Activities can include:

1. Block Parties

2. Education and Trainings

3. Climate Action activities

4. Disaster Mitigation or Preparedness Activities

5. Other activity that meets a local community need
*Crime prevention is not eligible
Projects must occur in neighborhoods or third places.

Project
Amounts
Minimum: $500,000 ($250,000 awards may be available)
Maximum: $1,000,000
Applicants must apply in increments of $250,000.

Request amounts determine the number of monthly projects to be conducted, please see page 10 of the RFA for project quantity breakdowns. $5.6 Total Grant Funding Available
Match
Requirement
s
None
Website
Guidelines:
https://californiavolunteers.app.box.com/s/nw3roj2onvl56wcp3kcg2avvslw1d akv
ATTACHMENT 3
State Capitol Office ▪ 925 L Street • Suite 1404 • Sacramento, CA 95814 • Phone (916) 447-4086 • Fax (916) 444-0383 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 • (949) 399-9050 • Fax (949) 476-8215 Federal Office ▪ 600 Pennsylvania SE • Suite 207 • Washington, DC 20003 • Phone (202) 546-8696 • Fax (202) 546-4555 Northern California Office ▪ 300 Frank Ogawa Plaza • Suite 204 • Oakland, CA 94612 • Phone (510) 835-9050 • Fax (510) 835-9030 2 









!!!" #
" $%&&' 

( )*
+,-./012-3/,-/4/551,3-6782393-3:;<3;-.32-;
23=32532>2/5???#

?


@82AB./1,0
CD8-8.:4/551,3-6782393-3:;<3;-.32-;E





FG

HI
J!


?K






L


!




M$


?K


(#
M



#N$ N#$#$#O 

O


#
 O


#N 
$

L

 
"
P
!



N
#
Q
R


(

N
J
K

!


$





 !
$O








#N
$N



#$ 

#
!#

"

 


 
L

N
S#


O



#







# 
S

"
P



LN



$

 
N
N





O
#
 
"P
J

ON
 


#$





 

N
 "
TUU9328-3/,
CD/48,7/.54/551,3-6782393-3:;<3;-.32-;E
( N$
!
 O
 N

O

#

#




"















#
O

"P

#


#
##N

N#

"
VO
M 

M

***






**






 L
***


W

#$
#"
7/.58-3/,X./2:;;
YD:.:3;8Z[;-:UU./2:;;-D8-3;.:\13.:03,/.0:.-/]/.58=38^9:4/551,3-6 73,8,2389<3;-.32-_
ATTACHMENT 4










!!!" #
" $%&&' 

()*+,-./)/0)/1.123456
7
$
! 

!

 
!

$8


7
$

 

#

7
$
"
()*+9:;1+)/1.12<1=0>?10>@0.;A1>/=/*@6B$  


7
 

7
$
  
$


C
"D



##
8




7

#!
7  
#
 

8

"!$

$

E



#F 

7

8 



"D
E


#
F 


!C!7

8
$
! 

!

#!$!
"
()*+GAH1+1@0>12I*@1>J)/1.12-.)*.)/1.6
#


7K







  


 
8

$



#  

"
()*+LAJM>/=N*0H/.O6F 7
$

#


K7K

7

 



# 



"
()*+P:;1+)/1.12I*@1>J)/1.1241HQ0)/1.6D






7#
 7
"
()*+RS>*=)/1.6F



$





 
!

"



7

!T
##8
8
# 
!



U
#





$


8

8$!
  


"V!
8 #


$


8


8$

!T
8
#
$


8



U
"
()*+W-@@J*5*M)6
# 7





# 






7





T


 7
7X
"
Y

# 


 



C
 

 
!





"D
C
 
C"





C
C


$"
Z[/.O@31QQJ./)\40=/>/)/*@5/@)H/=)@30.4J.;:..J0>>\1H4/.0.=*]^*H Z/Q*





#8


8

#

# 
K

"
(*H^/=*@_4J.;*;:..J0>>\`


 


8

"

 

 



8

7
 


8

"
E

 $

8

7

8





8

#

















#


#

"



$$# X
 X!








"










!!!" #
" $%&&' 


 


(

"
)
(


$
(

#

 #*

+

"




#
 

$+
 
!




##
##(




!
+
$
+

$
"
,-./0-1234567089:/;68.-<4;=>63?@6-38A

B




#

"
)#

"
C+

"

#

"

#
 (




+

+$

!







!$




"
DE>-<0-F68
GHIJ86,4KKL</0IM-7/1/0/68N/803/708O
"P638-0/1/0IQR

(


#(
#

(

#
(
#
 (


$
$


$

S

"
"M16T/U/1/0I/<M/<-<7/<FQV
S


#
S+

!
+
$


W


#R 
XW
RY!




+



#S



#$



+Z


  

#
+

#



$

$"R#+


[

S



#
#(
 +




S


+
"V
#
B


#!

(




!$
$
"
"\436-<E]L/7^63N6>614.K6<0/<_6F/4<GH636,MN`T/808Q) 

!
#

+
#
S+(

 Z

(
 

[


 (
B
#$
(




(*

(
 
 Z



#
[


$
"V



$$! (


+

(

#


#
$
"
",4KKL</0IM-7/1/0/68N/803/708\-Ia6D..6-1/<F04b4K6ULI638Q #$

$


(
 

#



 (





(


#


  $

"V
 
#


!
 +







 


#


$!


!


"V




+

$
+

!

B$(
!
c

$+!$!$ 
(
 
"










!!!" #
" $%&&' (

)*+,-.,/0,12+
34,0,52042)5,67,89+:;<:==>/*0?@,8*A*0*2+)*+05*80+B "C-=*/*+05,0*.2D>5-2/EF
G
 
H

I



I$ 
"J
H


G

G
 




G
K
 

L




G



M





G


G

$



"J

#



#

M


G

$

#

"
"N*1425O,P2+E




H



H

#

 
II
"J




G


G
#
H



G

$
Q


"
"R2/,A0*2+*;R5:S250?T6/25@,*A+0:R,?O,PEU

G


G

!
 G





$
 
#
 
H


#


"


G
GQ



#


!
"
<:/8A>+*:/
V+,<:==>/*0?@,8*A*0*2+)*+05*80WS28*,AO,PTS0*:/X*140;:5Y:>5)*+05*80B F
G


 #$







I




$

$G
!

$
I
#
I
 



G



 I
 
 G

I

#


!
I
 $







 
G





I

#

"
J
#
HG#
!
#
 


 $

 $

$G
$

H
I
$

 
#



I$


"
K



GI
Z


$$


##


%


I







I

#
  

##
#
#


I

"
3,/00:5282*.2>S-,02+B
UG
G


I
 

I
$
#

 G
[
K\

UG
G




I
I
#

#!G
 

"



 





]U

^G
G
!




!
$G
"
ATTACHMENT 5
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

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: February 3, 2024
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
January kicked off the State’s budget negotiation process, which began with the Governor’s budget proposal release on January 10. Key takeaways from the Administration’s budget proposal included a $37+ billion projected deficit and discussions about declaring a budget state of emergency in order to draw down on budget reserves. While the budget proposal serves as an important benchmark for the state’s fiscal health predictions, it is important to know that formulating a final budget agreement is an iterative process that will require negotiations and concessions between both houses of the Legislature and the Governor.

Over the next few weeks, the Legislature will hold informational hearings to discuss various parts of the Governor’s proposal before releasing the text of their budget bills and priorities. Typically, the Legislature has advocated for creative methods to maintain existing spending levels such as drawing from reserves, passing short term taxes, and passing statewide revenue bond measures.

The Governor, on the other hand, has typically advocated for fiscal prudence, modest cuts, and maintaining cash reserves in case budget conditions worsen. Overall, the Legislature and the Governor will have until July to enact a budget, with revisions that can carry on into the summer months. Additionally, the budget situation is always subject to change, should April tax revenues come in higher than expected.

ATTACHMENT 6

Looking Ahead: Grant Program Highlights
Transportation
Name Awards & Match Description Timeline
US Department of
Transportation
(USDOT)
Rebuilding
America with
Sustainability and
Equity (RAISE)
Funding Available:
$1.5 billion
Planning Grants
• No Min
Award
• Max Award:
$25 million
Capital Grants
• Min Award for
Urban Areas:
$5 million
• Min Award for
Rural Areas:
$1 million
• Max Award:
$25 million
20% Match Required
(unless located in a
rural or underserved
area)
The RAISE grant program funds
are awarded on a competitive basis
for surface transportation
infrastructure projects that will have
a significant local or regional
impact. Eligible projects may
include highways, bridges, roads,
public transportation, passenger
and freight rail, port infrastructure.
and intermodal transportation.

Application
Deadline:

February 28,
2024
Awards
Announced by
June 27, 2024
California Energy
Commission
Charging
Infrastructure for
Government Fleets
Available Funds: $30
million
Max Award: $6
million or 70% of total
project cost,
whichever is less
30% Match Required
The Charging Infrastructure for
Government Fleets program
provides electric vehicle charging
infrastructure for light-duty
government fleets. The purpose of
the program is to support
electrification of government fleets
in California by providing reliable
and readily accessible electric
vehicle charging infrastructure,
support local government goals of
sustainability and/or climate action
plans, and reduce vehicle
emissions in disadvantaged and/or
low-income communities.

Application
Deadline: April
5, 2024

California
Transportation
Commission (CTC)
Active
Transportation
Program (ATP)
Expected Total
Available Funds:
$555 million
The Active Transportation Program
was created to encourage
increased use of active modes of
transportation, such as walking and
biking. The goals of the ATP
include increasing the safety and
mobility of non-motorized users,
advancing efforts of regional
agencies to achieve greenhouse
gas reduction goals, enhancing
public health, and providing a
broad spectrum of projects to
benefit many types of users
including disadvantaged
communities.

Application
Expected to
open March 21,
2024
Expected
Application
Deadline: June
17, 2024
Public Safety
Name Awards & Match Description Timeline
CalRecycle
Legacy Disposal
Site Abatement
Partial Grant
Program
Available Funding:
$1,500,000
Maximum Award:
$750,000
50% Match
Required
The purpose of the grant is to assist
public entities in accelerating the
pace of cleanup, restoring sites,
and protecting public health and
safety and the environment. The
program funds a wide range of
remediation projects to clean up
solid waste sites and solid waste
codisposal sites where the
responsible party either cannot be
identified or is unwilling or unable to
pay for timely remediation and
where cleanup in needed to protect
public health and safety and/or the
environment.

Application
Deadline:

February 14,
2024
Awards
Expected April
2024
California Governor’s
Office of Emergency
Services (Cal OES)
Hazard Mitigation
Grant Program
(HMGP)
• Max Award for
Single
Jurisdiction:
$165,000;
• Max Award for
Multiple
Jurisdictions:
$225,000-
$375,000
25% Match
Required
This opportunity provides funding
for communities to implement
mitigation activities that reduce risk
to life, property, and infrastructure
from natural hazards. Natural
hazards include wildfire,
earthquake, drought, extreme heat,
flooding, and other natural hazards
as defined in the State Hazard
Mitigation Plan. HMGP funding can
support the development of hazard
mitigation planning, project scoping
activities (i.e., Advance
NOI Deadline:

February 16,
2024

Assistance), and mitigation
projects.

California Highway
Patrol (CHP)
Cannabis Tax Fund
Grant Program
(CTFGP) – Law
Enforcement
Available Funding:
$13 million
Maximum Award:
•$500,000 for
Small to Mid-Size
applicants
•$1 million for
Large applicants
No Match
Required
The purpose of the Cannabis Tax
Fund Grant Program (CTFGP) is to
utilize tax funds from the voter
approved Proposition 64 Control,
Regulate, and Tax Adult Use of
Marijuana Act (AUMA) to reduce
impaired driving, crashes, and
increase public awareness about
the dangers of impaired driving
through grants to local governments
and qualifying non-profits.

Application
Deadline:

February 23,
2024
U.S. Department of
Transportation
Safe Streets and
Roads for All (SS4A)
TBA The SS4A program funds regional
and local initiatives through grants
to prevent roadway deaths and
serious injuries. The SS4A program
provides funding for two types of
grants: Planning and
Demonstration Grants provide
Federal funds to develop, complete,
or supplement a comprehensive
safety action plan; Implementation
Grants provide Federal funds to
implement projects and strategies
identified in an Action Plan to
address a roadway safety problem.

Projects and strategies can be
infrastructure, behavioral, and/or
operational activities.

Implementation Grants may also
include demonstration activities,
supplemental planning, and projectlevel planning, design, and development.

The next Notice
of Funding
Opportunity
(NOFO) for
SS4A is
expected to
open in
February 2024.

Federal Emergency
Management Agency
(FEMA)
Assistance to
Firefighters Grant
(AFG)
Max Award $3.2
million (based on
population)
5–15% Match
Required (based
on population)
The AFG 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 the safety of the public
through direct financial assistance
and to provide a continuum of
support for emergency responders
regarding fire, medical, and all
hazard events.

Application
Deadline:

March 8, 2024

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.

Expected
Program
Opening:

February 2024
Anticipated
Deadline:

March 2024
Firehouse Subs
Firehouse Subs
Grant Program
Average Award:
$10,000 to
$25,000
No Match
Required
The Firehouse Subs Program
provides funding to purchase
equipment or provide training for
firefighters in areas where the
restaurant chain operates.

Applications
accepted
quarterly. The
next application
is due: April 4,
2024
(First 600
applications
accepted)
Department of
Homeland Security
(DHS) via CalOES
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.

CalOES
continues to
publish updates
through their
listserv.

Guidance for
applicants has
not been
posted to the
CalOES
website as of
January 30,
2024.

Parks and Recreation
Name Awards & Match Description Timeline
MLB-MLBPA Youth
Development Fund
(YDF)
MLB-MLBPA Youth
Development Fund
(YDF) Grant
The foundation
does not set a
funding range for
grant requests.

Grants for
construction
require 50%
minimum match.

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
Ongoing

projects (field lighting, renovations,
and construction), baseball and
softball programs, education
initiatives, and school/school club
infrastructure equipment.

Water
Name Awards & Match Description Timeline
Bureau of
Reclamation: Water
Resources and
Planning Office
WaterSMART Water
and Energy
Efficiency Grant
No Min Award
Max Award: $5
million
50% Match
Required
This Water and Energy Efficiency
Grants Notice of Funding
Opportunity (NOFO) provides
funding for projects that result in
quantifiable water savings,
implement renewable energy
components, and support broader
sustainability benefits. These
projects conserve and use water
more efficiently; increase the
production of renewable energy;
mitigate conflict risk in areas at a
high risk of future water conflict;
and accomplish other benefits that
contribute to sustainability in the
Western United States.

Applications will
be accepted
until February
22, 2024 by
4:00 PM MDT
Bureau of
Reclamation: Water
Resources and
Planning Office
WaterSMART
Planning and
Project Design
Grants For FY 2023
and FY 2024
No min award
amount
Max Award:
$400,000
Match 0-50%
Depending on
Project
Through Planning and Project
Design Grants, Reclamation
provides funding for collaborative
planning and design projects to
support water management
improvements. This includes
funding for: (1) Water Strategy
Grants to conduct planning
activities to improve water supplies
(e.g., water supplies to
disadvantaged communities that
do not have reliable access to
water, water marketing, water
conservation, drought resilience,
and ecological resilience); (2)
Project Design Grants to conduct
project-specific design for projects
to improve water management;
and (3) comprehensive Drought
Contingency Plans. Note that
funding to develop a water
marketing strategy is now available
through (1) Water Strategy Grants.

May 21, 2024

Community Development
Name Awards & Match Description Timeline
Housing and
Community
Development
Permanent Local
Housing Allocation
(PLHA)
Awards are
formulaic. See
NOFO for
agency’s award
amount.

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.

Application
Deadline for
Formula
Allocation:

February 29,
2024
U.S. Department of
Housing and Urban
Development (HUD)
Choice
NeighborhoodsImplementation
Grants
Available Funds:
$259,000,000
Max. Award:
$50,000,000
No Match
The Choice Neighborhoods
program supports locally driven
strategies that address struggling
neighborhoods with distressed
public or HUD-assisted housing
through a comprehensive
approach to neighborhood
transformation. The program helps
communities transform
neighborhoods by revitalizing
severely distressed public and/or
assisted housing and catalyzing
critical improvements in the
neighborhood, including vacant
property, housing, businesses,
services and schools.

Application
Deadline: Mar
4, 2024, at
11:59 PM
Eastern Time

AARP
Community
Challenge Grant
Max Award
$50,000
No Match
Required
AARP’s Community Challenge
Grants funds quick-action projects
that help make communities great
places to live for people of all ages
— especially those 50 and older.

Application
Deadline:

March 6, 2024
California Public
Utilities Commission
(CPUC)
California Advanced
Services Fund
(CASF) Adoption
Account
Total Available:
$20.024 million 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
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.

Application
Cycle
Deadlines:

July 1, 2024
January 1, 2025
Environmental
Protection Agency
Community Change
Grants Program
Average Award:
$10-20 million
*Some smaller
awards of $1-3
million will be
awarded for
projects focused
on driving
engagement in
disadvantaged
communities.

No Match
Required
Local governments must partner
with a community-based non-profit
organization to apply.
$2 billion dollars in Inflation
Reduction Act funds in
environmental and climate justice
activities to benefit disadvantaged
communities through projects that
reduce pollution, increase
community climate resilience, and
build community capacity to
address environmental and climate
justice challenges. These placebased investments will be focused on community-driven initiatives to
be responsive to community and
stakeholder input. They are
designed to deliver on the
transformative potential of the IRA
for communities most adversely
and disproportionately impacted by
climate change, legacy pollution,
and historical disinvestments.

Application
Deadline:

November 21,
2024

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.

Application
Expected to
Open February
2024
Expected
Deadline:

Spring 2024
Economic
Development
Administration (EDA)
FY 2023 EDA Public
Works and
Economic
Adjustment
Assistance (PWEAA)
Programs
Min Award:
$100,000
Max Award:
$30,000,000
No Match
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
WalMart
Local Community
Grant Program
Min Award: $250
Max Award:
$5,000
No Match
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

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: David Swenk, Contract City Planner
Date: February 1, 2024
RE: Planning Report Covering January 2024

MINISTERIAL PROJECTS
Zoning Clearances Approved 7
Zoning Clearances Denied 0
Zoning Verification Letters 0
Business Licenses Approved 1
Business Licenses Denied 0
ADUs approved 5
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] call (805) 714-1422.

Agenda Item No. 9B
Ministerial Permit Report– January 2024
(reported 02/01//24)
Zoning Clearance Applications Submitted
2024-001-ZC Martin Patio Cover 145 Egret Lane
2024-002-ZC Rivas Concrete 5194 Surbird Lane
2024-003-ZC Pereyra ADU 240 Pacific Dunes Way
2024-005-ZC Cabanas Concrete 5205 La Purisima
2024-006-ZC Guzman ADU/JADU 4491 Fir Street
Zoning Clearances Approvals
2024-ZC-001 Martin Patio Cover 145 Egret Lane
2023-084-ZC Diaz Detached ADU 4670 2nd Street
2023-083-ZC Ramirez Detached ADU 330 Tognazzini
2023-081-ZC Ramos ADU & Garage 216 Campodonic Ave
2023-078-ZC Lopez ADU 4656 Fifth Street
2023-057-ZC 4778 Third Street Attached ADU 4778 Third Street 2024-002-ZC Rivas Concrete 5194 Surbird Lane
Zoning Clearances Denied
None
Business License Approvals
Childcare Facility Arreaga Family Childcare 640 Guadalupe Street Business License Denials
None
Administrative Use Permits
None

GUADALUPE CITY PLANNING DEPARTMENT
PLANNING PROCESS SUMMARY FOR JANUARY 2024
Case No. Name/Loca�on Submital
Date
Comp. Date Status OK for Bldg
Permit Issuance
2024-004-LS$ Alvarez Lot Split 01/29/24 30 day review of applica�on NO 2023-080-DR Zakour Mul�
Family
11/15/23 Inc.
12/13/23
Incomplete Leter sent 12/13/23, awai�ng response NO
2023-047-LLA$ Alvarez 11th Street 07/11/23 NA Planning review completed. Submited to County Surveyor for recorda�on 12/28/23
NO
2023-013-LS SB-9
Split$
Reed Lot Split 03/07/23 Review was completed by All City depts. Need revised map with updated City Engineer info and
cover leter to complete packet which was forwarded
to him. Once provided, will send to County Surveyor
for review and recorda�on
NO
2022-093-LS
Residen�al Lot
Split$
Lupe Alvarez 12/19/22 Review was completed by All City depts. Applicant to provide materials and fees needed for the County
Surveyor review and fees paid for recorda�on
NO
2022-088-LM
Voluntary Lot
Merger$
Trudy Brands 12/05/22 Under review by City Engineer NO
2022-063-LM
Voluntary Lot
Merger $
Mahoney Lot
Merger
08/11/22 Inc.
09/11/22
Incomplete leter sent 09/11/22. Applicant has not
responded to leter. Intent to Close Leter being sent
NO
2022-016-GPZ
2022-017-DR
2022-018-VTTM$
Snowy Plover 03/10/22 Inc.
04/09/22
Resubmited 02/24/23, 2nd Incomplete leter sent
03/24/23. Applicant was atemp�ng to contact
neighboring property for permission to access. No
responses, or resubmitals. Sending Intent to Close
Applica�on Leter
NO
6th Cycle Housing
Element
Mandatory
Update
Fall 2002 NA City Consultant reviewing revised comments from HCD, coordinate response with City Planning
Director. Comments from the consultant are
expected by the end of March.

ADU Ordinance
Update
Mandatory
Update
Fall 2022 NA City Planning Director amended Chapter 18.53 to incorporate all revisions to the State Statutes,
adopted by City Council and is effec�ve 02/08/24
Zone Mapping
Project
Zone Map Update NA NA The new zoning map has been updated and reflects the revised zoning. The map has been posted in
several loca�ons of City Hall, consultant offices, and
to the city website.

MONTH: January 2024
This Month
Visitors 35
Inspections 284
Building Permits
Issued 15
Certificate of
Occupancy 1

CITY OF GUADALUPE

BUILDING DEPARTMENT

STATUS REPORT
Last Month Vear to Date
24 35
288 284
29 15
4 1
Last Year
31 132
15 2
VISITORS: Permits, planning application submittals, submitted plan updates, general information Agenda Item No. 9C
Building Inspections Log - January 2024

4875 El Camino Real • Atascadero, CA 93422 • Phone: 805-470-1910 • eikhofdesigngroup.com City Engineer Report
January 2024
The following is a list of projects in various construction, design, or planning stages. • Various Caltrans Projects – Caltrans held an Open House at City Hall on January 31, 2024. Caltrans staff presented six projects in various design and planning stages. These projects include the Hwy 1/166 Signalization Project, the ADA Improvement Project, the Santa Maria River Bridge Project, the Pavement Project through Guadalupe, and two shoulder widening projects on Hwy 1 both north and south of the City. Public attendance was high, and the City of Guadalupe provided refreshments. • Amtrak Station Improvements (Transit Hub) – The City has received a Clean California Grant from the State of California. Once the City Council approves the agreement and the funding is secured, a request for proposals will be sent out to local firms to provide design services for the project.

Depending on the project costs, the project may include public restrooms, electric vehicle charging infrastructure, bicycle amenities, pervious pavers, improved signage, and site beautification upgrades. The total project funding is $1.3 million.
• Central Park Renovation Project – The design team for the Central Park Renovation Project has submitted 70% plans for review by the City. Recent meetings have focused on drainage and fencing for the project. The design team has presented three options for fencing, including chain link, composite fencing, and concrete block. Discussions are ongoing with cell providers for temporarily removing antennas for recoating the elevated tank.
• Leroy Park Phase II Improvements – Andrew Goodwin Design (AGD) is currently preparing plans for the multipurpose room project.
• 308 Obispo Street Site Improvements – The design of the 208 Obispo Street Site Improvements is ongoing. City staff holds bi-weekly meetings with PG&E and the design team regarding the project.

The project includes charging facilities for future electric buses and electric fleet vehicles. • Highway 1 and Pioneer Lift Stations – In March 2023, the City awarded a Contract with WM Lyles to replace the aging lift station on Highway 1. After the project award, the Public Works Director identified available CDBG funding for the project. The project was suspended pending the outcome of the grant funding request. On January 11, 2024, the City was notified that the grant funding was awarded and could be expended. The City Engineer, Staff, Contractor, and Construction Management team recently met to discuss the project. Due to the project suspension, the costs have increased. Additionally, the electrical components to operate the lift station have a 52-week lead time. The Pioneer Lift Station cannot be constructed until the Highway 1 Lift Station is completed. The City Engineer is trying to determine the best time to send the Pioneer Lift Station out to bid.

Agenda Item No. 11A

Development
The following developments, which require engineering review/oversight, are in various phases. • Pasadera
o The Lot 1 South Final Map is being reviewed.
• 849 Pioneer Street
o Plans have been resubmitted for staff review
• 12th Street Apartment
o Plans have been submitted and are under review

RECREATION AND PARKS MONTHLY REPORT
For December 2023
Summary of Rentals/Usage for City Facilities & Parks - December

FACILITY THIS MONTH THIS MONTH

LAST YEAR
THIS YEARTO-DATE
(FY 23/24)
LAST YEARTO-DATE
(FY 22/23)
Auditorium/Gym 20 16 120 99
O’Connell Park 1 0 15 58
LeRoy Park 2 4 19 22
Senior Center 26 6 164 44
Veterans Memorial
Plaza
0 0 4 5
Council Chambers 5 9 62 46
Central Park 0 0 0 0
Veterans Hall 4 4 30 29
Recreation and Parks
918 Obispo Street
P.O. Box 908
Guadalupe, CA 93434
Ph: 805.356.3906
Fax: 805.343.5512
Email: [email protected]
Agenda Item No. 12A

MINUTES

CITY OF GUADALUPE

SPECIAL MEETING OF THE RECREATION AND PARKS COMMISSION
TUESDAY, DECEMBER 19, 2023
Call to Order: Recreation Commission Chair- Joe Harris called the meeting to order at 6:00 p.m.

1. Roll Call: Recreation Manager, Hannah Sanchez, noted the Commissioner attendance as follows:

Commission Chair: Joseph Harris- Present
Commissioner: Enrique Ortiz- Present
Commissioner: Emily Dreiling- Present
Commissioner: Michael Jimenez - Present
Commissioner: Arnulfo Navarro – Present

2. Pledge of Allegiance
Commissioner Chair Joe Harris was recognized and led the Commission in the pledge of allegiance.

3. Community Participation Forum
No participation.

4. Consent Calendar
A. Motion was made by Ortiz, seconded by Jimenez to approve the November 16, 2023, regular meeting minutes. All ayes, 4/0. Motion passed.

Regular Business

5. BGC Monthly Update

6. Central Park Update
The design team for Central Park attended the meeting to give an update on the Central Park project. Mayor Ariston Julian was also in attendance. After brief discussion it was decided that a joint meeting between the City Council and Recreation and Parks Commission needed to be held. At that time the design team will attend to give a presentation and answer any questions that the council, commission, and community may have.

7. Jack O’Connell Turf
Commissioner Dreiling gave an update on the Jack O’Connell Park turf project. The first grant proposal was submitted on November 20, 2023, for the State of California Urban Greening Grant. Awarding of the grant last year was during the month of February so Commissioner Dreiling hopes to hear back around that time this year. Commissioner Dreiling met and spoke with Senator Limon’s office as well as Assembly Member Hart’s office to inquire about letters of support. After reviewing the documents for the proposal, they will send draft letters back to Commissioner Dreiling.

8. Holiday Home Decorating Competition
Ms. Sanchez updated the commission on the competition. She informed them that there were six submissions, however, there is still the ability to send submissions or to nominate others.

Judging will take place on Friday, December 22, 2023, at 5:30pm. Everyone was instructed to meet at City Hall. Individuals that would like to attend were asked to plan to carpool with others in order to minimize the number of cars caravaning to the houses.

9. Daddy & Daddy Dance
Ms. Sanchez updated the commission on the Daddy & Daughter Dance. It is currently set to happen on Saturday, February 24th, however, the date is not finalized yet. FSA, Little House by the Park, and Community Changers will be collaborating with the Recreation Department for this event. The event will include dancing, catered appetizers and desserts, a photobooth, a craft table, and games.

10. 3v3 Basketball Tournament
Ms. Sanchez updated the commission on the plans for the potential basketball tournament.

The original plan was to have the tournament take place over Veteran’s Day weekend. The plan moving forward is to hold it during March to have a March Madness theme. Ms. Sanchez asked the commission if they would like to have separate divisions for ages. The commission suggested doing a competitive league and a recreational league. The commission recommended that the referee fee be factored into the registration fee. They also requested that there be EMS presence. The public safety department will be asked if they have anyone interested in working this event. Their cost would be included in the overall cost.

11. Recreation Services Manager Position Update
There was an individual that was offered conditional employment, however, the individual was unable to accept after all. Ms. Sanchez will be staying until the end of March in order to allow more time to recruit a replacement and hopefully allow for a cross training period. The current education recruitment is to have at least an Associate’s degree.

12. Other matters of importance that the Recreation Services Manager will discuss, if deemed necessary.

13. Commission Requests, Comments, and Meeting Reports

14. Adjournment
At 8:00 p.m. a Motion was made by Commissioner Jimenez, seconded by Commissioner Ortiz for adjournment. The unanimous vote resulted in the meeting’s closure.

Recreation
• Holiday Home Decorating Contest: The contest was advertised November 27, 2023 with the deadline to submit applications on Friday, December 15th. There was no fee to participate. Residents could apply to be considered for the following categories:
o Home Spun Holiday: Best depiction of traditional holidays at home o California Dreamin’: For spectacular lights display with music and motion o Simply Christmas: Simple, yet filled with Christmas spirit Judging took place on Friday, December 22nd with the Recreation & Parks Commission, Council Member Megan Lizalde, and the Recreation Services Manager as the judges. The following houses were the winners:
o Home Spun Holiday: 5082 Sandpiper Lane
o California Dreamin’: 296 Tognazzini Avenue
o Simply Christmas: 718 Guadalupe Street
• Christmas Movie Night in the Park: The movie Elf was played for Christmas Movie Night in the Park. Because of the weather conditions there was a low attendance. Since that time, the Boys and Girls Club has asked to collaborate in the future for movie nights. They offered on cold nights to play the movie inside the gymnasium. In addition they offered on nights when the movie is played outside to staff the community center to allow kids to come in and out as needed.

RECREATION AND PARKS MONTHLY REPORT
For January 2024
Summary of Rentals/Usage for City Facilities & Parks - January

FACILITY THIS MONTH THIS MONTH

LAST YEAR
THIS YEARTO-DATE
(FY 23/24)
LAST YEARTO-DATE
(FY 22/23)
Auditorium/Gym 31 20 151 119
O’Connell Park 0 0 15 58
LeRoy Park 0 14 19 36
Senior Center 30 26 194 70
Veterans Memorial
Plaza
0 0 4 5
Council Chambers 7 9 69 55
Central Park 0 0 0 0
Veterans Hall 3 1 33 30

Recreation
• January Recreation & Parks Commission Meeting: The Recreation & Parks Commission meeting was cancelled due to staff being under the weather. • City Council & Recreation & Parks Joint Meeting: A joint meeting to cover Central Park was held on Tuesday, January 16, 2024. Those minutes will be placed on the city council consent calendar for approval.
• Daddy & Daughter Dance: The documents that need to be filled out and turned back into the Rec Department to register for the Daddy & Daughter Dance can be found on the city website under the Recreation tab or can be asked for via email.

After filling out the registration form, please take a hard copy of the form to the finance department located in City Hall. Their hours are 8:30am - 5:30pm. Once they have stamped/signed the form confirming your payment, you can either turn the hard copy into the Recreation Office in person or scan it and email it to this email address.

The payment per couple is $40 and an additional $15 for each additional young lady attending. Payment can be made out to the City of Guadalupe.

Along with the registration form, please fill out the liability waivers. The adult liability waiver needs to be filled out and signed by whoever the father figure that will be attending is. The minor liability waiver needs to be filled out and signed by the parent/legal guardian of the young lady attending. Both liability waivers once filled out and signed can be brought into the Rec Office or scanned and emailed back to this email.

Upcoming Programs & Events
Drop-in Sports for ages 16+
Free Drop-in volleyball and basketball for ages 16+ are currently taking place. The location/day of drop-in basketball varies depending on the availability of the auditorium. Participants ages 16 & 17 must provide a permission slip/liability waiver signed by a parent/legal guardian in order to participate. This form can be found on the Recreation Page of the city website. Go to https://ci.guadalupe.ca.us/recreation/ February Drop In Schedule
• Daddy & Daughter Dance: The documents that need to be filled out and turned back into the Rec Department to register for the Daddy & Daughter Dance can be found on the city website under the Recreation tab or can be asked for via email.

After filling out the registration form, please take a hard copy of the form to the finance department located in City Hall. Their hours are 8:30am - 5:30pm. Once they have stamped/signed the form confirming your payment, you can either turn the hard copy into the Recreation Office in person or scan it and email it to this email address.

The payment per couple is $40 and an additional $15 for each additional young lady attending. Payment can be made out to the City of Guadalupe.

Along with the registration form, please fill out the liability waivers. The adult liability waiver needs to be filled out and signed by whoever the father figure that will be attending is. The minor liability waiver needs to be filled out and signed by the parent/legal guardian of the young lady attending. Both liability waivers once filled out and signed can be brought into the Rec Office or scanned and emailed back to this email.
• 3v3 Basketball Tournament: A 16+ 3v3 basketball tournament is tentatively scheduled for Saturday, March 23rd. Please check social media and the city website’s Recreation page for updates.

Respectfully,
Hannah Sanchez
Recreation Services Manager

Agenda Item No. 13

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of February 13, 2024
_______________________________
Prepared by:

Todd Bodem, City Administrator
SUBJECT: Resolution ratifying and proclaiming the existence of a Local State of Emergency RECOMMENDATION:

That the City Council adopt Resolution No. 2024-14 ratifying and proclaiming the existence of a local state of emergency.

BACKGROUND:

Governor Newsom declared a state of emergency in California on February 4, 2024, for Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura counties. On that same date, the County of Santa Barbara also proclaimed the existence of a local state of emergency.

Both of these proclamations were made due to the February 2024 storm which began on January 31, 2024. This powerful, slow moving, atmospheric river storm system struck many places in California including Santa Barbara County. The February 2024 Storm series posed serious risks of rock falls, flooding, landslides, debris flows, severe winds, and coastal flooding throughout the County.

DISCUSSION:

Proclaiming a local state of emergency is an essential step for local governments dealing with significant incidents.

Government Code section 8630 provides:
(a) A local emergency may be proclaimed only by the governing body of a city, county, or city and county, or by an official designated by ordinance adopted by that governing body. (b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the governing body.
(c) The governing body shall review the need for continuing the local emergency at least once every 60 days until the governing body terminates the local emergency.

(d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant.

Section 2.32.050 of the Guadalupe Municipal Code (GMC) created the Office of Emergency Services in the City of Guadalupe and designated the City Administrator as the Director of Emergency Services. GMC section 2.32.050.A authorizes the City Administrator to: “[r]equest the City Council to proclaim the existence or threatened existence of an emergency or a disaster and the termination thereof, if the City Council is in session, or to issue such proclamation if the City Council is not in session, subject to confirmation by the City Council at the earliest possible time.” In light of the County of Santa Barbara’s proclamation of a local public health emergency, as well as the Governor’s proclamation, City Administrator/Director of Emergency Services, Todd Bodem, on February 7, 2024, issued a “Proclamation OF Existence of a Local Emergency by the City Administrator/Director of Emergency Services of the City of Guadalupe” as a result of February 2024 storm, and the continuing impacts from this severe weather. A copy of this Proclamation is attached to Resolution No. 2024-xx as Exhibit “A.”
City staff is recommending that the City Council adopt the attached Resolution No. 2024-xx to proclamation of the existence of a local state of emergency as of February 4, 2024. Due to the ongoing nature of the emergency, staff is recommending that the emergency declaration be extended up to a 60-day period with intermittent reviews at regular scheduled council meetings. The Council will thus have the ability to terminate the declaration during the 60-day period when and if conditions improve.

FISCAL IMPACT:

If the City Council does not adopt Resolution No. 2024-14, the City will incur potentially significant costs as a result of having to respond to the directives of federal, state, and county governments concerning, and otherwise respond to, the impacts of the February 2024 storm as these costs will not be subject to possible reimbursement. Adoption of the resolution will permit the City to seek reimbursement for its costs in responding to this public health emergency.

ATTACHMENT:

1. Resolution No. 2024-14 entitled “A Resolution of the City Council of Guadalupe Proclaiming the Existence of a Local State of Emergency.”
RESOLJUTION NO. 2024-14

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE RATIFYING AND

PROCLAIMING THE EXISTENCE OF A LOCAL STATE OF EMERGENCY WHEREAS, Government Code section 8630 provides:
(a) A local emergency may be proclaimed only by the governing body of a city, county or city and county, or by an official designated by ordinance adopted by that governing body.
(b) Whenever a local emergency is proclaimed by an official designated by ordinance, the local emergency shall remain in effect for a period in excess of seven days unless it has been ratified by the governing body.
(c) The governing body shall review the need for continuing the local emergency at least 60 days until the governing body terminates the local emergency. (d) The governing body shall proclaim the termination of the local emergency at the earliest possible date that conditions warrant; and
WHEREAS, Section 2.32.020 of the Guadalupe Municipal Code defines “emergency” as “the actual or threatened existence of conditions of emergency or of extreme peril to the safety of persons and property within this City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, earthquake, hazardous materials or conditions resulting from war or imminent threat of war;” and
WHEREAS, Section 2.32.050 of the Guadalupe Municipal Code declares that the City Administrator shall be the Director of Emergency Services and may request that “the City Council to proclaim the existence or threatened existence of an emergency or a disaster and the termination thereof, if the City Council is in session, or to issue such proclamation if the City Council is not in session, subject to confirmation by the City Council at the earliest possible time;” and
WHEREAS, Section 2.32.060 of the Guadalupe Municipal Code provides that the City Administrator/Director of Emergency Services may “[m]ake and issue rules and regulations on matters reasonably related to the protection of life and property, as affected by such disaster; provided, however, such rules and regulations must be confirmed at the earliest practical possible time by the City Council” and
WHEREAS, Governor Newsom declared a state of emergency in California on February 4, 2024, for Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura counties; and
WHEREAS, on that same date, the County of Santa Barbara also proclaimed the existence of a local state of emergency; and
ATTACHMENT 1
WHEREAS, both of these proclamations were made due to the February 2024 storm which began on January 31, 2024, which was a powerful, slow moving, atmospheric river storm system that struck many places in California including Santa Barbara County; and WHEREAS, the February 2024 Storm series posed serious risks of rock falls, flooding, landslides, debris flows, severe winds, and coastal flooding throughout the County; and WHEREAS, the City Administrator/ Director of Emergency Services determined that the severe weather that began on January 31, 2024, negatively affected City of Guadalupe, and continues to present a threat to the health, safety, and welfare of the general public in the City of Guadalupe; and
WHEREAS, pursuant to Section 2.32.060 of the Guadalupe Municipal Code in light of the continuing threats to the health, safety, and welfare of the general public in the City of Guadalupe, the City Administrator/Director of Emergency Services took the action to proclaim a local emergency when the City Council was not in session; and WHEREAS, the City Council concurs with the Director of Emergency Services’ determination that the severe weather created a threat to the public health, safety, and welfare that warranted and necessitated the proclamation of the existence of a local emergency.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GUADALUPE THAT:

SECTION 1. The City Council of the City of Guadalupe hereby proclaims that a local emergency existed when the County of Santa Barbara declared a local emergency on February 4, 2024.

SECTION 2. The above-described Proclamation by the Director of Emergency Services, a copy of which is attached hereto as Exhibit A, is hereby ratified and adopted by reference as if fully set forth herein.

SECTION 3. During the existence of the local emergency, the powers, functions, and duties of the Director of Emergency Services and the emergency organization of this City shall be those prescribed by state law, the ordinances, and resolutions of this City, and by the City’s Emergency Plans, including, but not limited, to the City’s SEMS Multihazard Functional Plan.

SECTION 4. The local emergency shall be deemed to continue to exist until its termination is proclaimed by the City Council and that the need for continuing the local emergency shall be reviewed by the City Council intermittently at a regular Council meeting.

The City Council may terminate the declaration at any time during the 60-day period, as required by Government Code Section 8630.

SECTION 5. In addition to the powers enumerated in Guadalupe Municipal Code sections

2.32.050 and 2.32.060, the Director of Emergency Services and/or his designee is hereby authorized to adopt supplemental proclamations and orders which are necessary to respond to the local emergency, provided that actions which would otherwise require City Council approval shall be reported to the City Council at the next regularly scheduled City Council meeting.

SECTION 6. A copy of this resolution shall be forwarded to the Director of California Governor's Office of Emergency Services requesting that the Director find it acceptable in accordance with state law; that the Governor of California, pursuant to the Emergency Services Act, issue a proclamation declaring an emergency in the City of Guadalupe; that the Governor waive regulations that may hinder response and recovery efforts; that recovery assistance be made available under the California Disaster Assistance Act; that the State expedite access to State and Federal resources and any other appropriate federal disaster relief programs; and that the Governor approve, pursuant to Government Code section 8633, the cost of any extraordinary services incurred by political subdivisions in executing mutual aid agreements as a legal charge against the State.

SECTION 7. The Director of Emergency Services, or his designee, is hereby designated as the authorized representative for public assistance and individual assistance of the City for the purpose of receipt, processing, and coordination of all inquiries and requirements necessary to obtain available local, State, and Federal assistance.

SECTION 8. This Order is effectively immediately upon adoption.

PASSED, APPROVED AND ADOPTED at a regular meeting on the 13th day of February 2024, by the following vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

I, Amelia Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2024-14, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held February 13, 2024, and that same was approved and adopted.

ATTEST:
______________________________ ____________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
______________________________
Philip F. Sinco, City Attorney

EXHIBIT A

Agenda Item No. 14

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of February 13, 2024
__________________________________ __________________________________ Prepared by: Approved by:

Amelia M. Villegas, Interim HR Manager Todd Bodem, City Administrator SUBJECT: Senior and Community Center Activities Coordinator RECOMMENDATION:

That the City Council adopt Resolution No. 2024-15 approving the position description Senior and Community Center Activity Coordinator and authorizing the recruitment process.

BACKGROUND:

The building known previously as “the Senior Center,” now “the Senior and Community Center” (Center) was built in the late 1980s. Its focus and use have varied over the many years since. At one point, the former Community Action Commission (now known as CommUnify), Area Agency on Aging (AAA), and the City initially cooked food in the Center’s kitchen to be delivered to seniors in Santa Maria, Lompoc, and Guadalupe. AAA funded a part-time Service Coordinator for this program but, subsequently, the City lost funding.

Approximately three or four years ago, a grant, Community Development Block Grant Coronavirus Response round 1 (CDBG-CV1) was received for a part-time individual to deliver bag lunches to seniors and high-risk individuals in the community. Another grant wasreceived, CDBGCV2 & CV3, to create a food pantry and make the part-time Service Coordinator a full-time position for a two-year period. However, the Santa Barbara County Food Bank stated that a food pantry would not be allowed as long as the City continued with the food bank distribution days.

The Department of Housing and Community Development (HCD) gave the City approval to use CDBG-CV2 &CV3 to revise the senior meals (congregate and home deliveries) and change Food Bank services to senior services, since seniors are the primary beneficiaries of the Food Bank deliveries. An initial onsite meal program began with cooking occurring onsite. However, that program was changed to a different onsite program where hot lunches are brought into the Center, continually serving the seniors in our community.

DISCUSSION:

When Los Amigos de Guadalupe (LADG) staff left the Center in September 2023, there was no one on site to address any issues relating to the Center. Along with the City looking to expand Amelia M. Villegas
the use of the Center and senior services in a variety of ways, there is now the need for regular onsite presence. The Senior and Community Center Activities Coordinator (Coordinator) position would have responsibility for opening and closing the facility, assist those that utilize the Center on a daily basis, such as individual and/or group activities, the daily free meal program, and any other specialized programs/events.

Because this is a somewhat unique position, conducting a salary survey among other cities on the Central Coast proved unsuccessful. However, comparing internal jobs and required skills, etc., it is recommended, and the union concurs, that the position be in the SEIU salary structure as Salary Grade 154, with a minimum of $20.763 and a maximum of $27.824.

FISCAL IMPACT:

The General Fund will not immediately be impacted as this position will be funded through the remaining CBDG-CV2 & CV3 grant monies. Other grant funding may be available for this position in the future.

ATTACHMENTS:

1. Resolution No. 2024-15

2. Senior & Community Center Activities Coordinator Job Description RESOLUTION NO. 2024-15

A RESOLUTION APPROVING THE POSITION DESCRIPTION OF PART-TIME SENIOR AND

COMMUNITY CENTER ACTIVITIES COORDINATOR OR AND AUTHORIZING THE RECRUITMENT

PROCESS
WHEREAS, the Senior Center was built in the late 1980’s to provide services to the community’s senior population; and
WHEREAS, over the many years, while the Center’s focus has remained on providing senior services, it has gone through a variety of transformations; and WHEREAS, the Senior Center, now renamed “The Senior and Community Center,” has incorporated food bank distribution, onsite meal preparation and distribution, and senior programs; and
WHEREAS, the ongoing growth of the Center now necessitates an onsite presence to ensure not only the smooth operation of the facility, but equally, important, the safety of those utilizing the Center.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Guadalupe as follows:

SECTION 1: The new position of Senior and Community Center Activities Coordinator is hereby established as an hourly position represented by the Service Employees International Union (SEIU).

SECTION 2: The position description for the Senior and Community Center Activities Coordinator is hereby approved. As with all City positions, the City Administrator is authorized to amend the position description in the future, as needed., after consulting with SEIU, if necessary.

SECTION 3: The proposed seven-step hourly salary range, for the part-time, 30 hours per week, Senior and Community Center Activities Coordinator, is the minimum, $20.763, to maximum, $27.824, with similar benefits of those offered to other employees represented by the Service Employees International Union. As with all City positions, only the City Council can change the pay and benefits for this position.

SECTION 4: Staff is authorized to begin recruitment for the Senior and Community Center Activities Coordinator.

SECTION 5: 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 ATTACHMENT 1
is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.

PASSED AND ADOPTED at a regular meeting on the 13th day of February 2024 by the following vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

I, Amelia M. Villegas, City Clerk of the City of Guadalupe, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2024-15 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held February 13, 2024, and that same was approved and adopted.

ATTEST:
________________________________ ________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED TO FORM:
________________________________
Philip F. Sinco, City Attorney

CITY OF GUADALUPE
Senior and Community Center Activities Coordinator
January 2024
DEFINITION:

Under the direction of the Recreation Services Manager, the Senior and Community Center Activities Coordinator position assists in the promotion of events and activities for seniors and other community members to stay healthy, socially connected and avoid “age-in-place.” ESSENTIAL FUNCTIONS:
• With input from seniors, Senior Center Advisory Committee and community members, help create and implement services focusing on program activities which promote healthy aging as well as reaching out to other age groups to help provide direct service and support to program participants. • Oversee and manage all services provided on site to ensure activities are scheduled, and coordinated, to ensure optimum consumer service to center participants. • Provide assistance to: 1) All program/class leaders to reach maximums service output, 2) Volunteers and staff with daily group and individual activities, such as game playing, crafts, etc., and 3) Area Agency on Aging (AAA) and City staff to coordinate center use. • Participate in Senior Advisory Committee meetings to report updates on senior programs and needs.
• Provide regular and ongoing feedback to City and non-profit organizations focusing on senior and community program operations provided at the center.
• Coordinate presentations from outside agencies, private organizations, and experts on community involvement and services.
• Collaborate and help coordinate local service providers to include Food Bank of Santa Barbara County, health care providers and other programs benefiting the community. • Ensure the entire facility is maintained in a professional manner and is fully stocked with necessary supplies.
• Immediately report to City staff any concerns relating to the facility or the center participants.

ATTACHMENT 2
Senior and Community Center Activities Coordinator
January 2024

ESSENTIAL FUNCTIONS (cont’d)
• Provides overall supervision at the center to ensure that individuals entering the center adhere to proper conduct and shall report to public safety personnel should there be a need on site security as needed.

KNOWLEDGE/SKILLS:
• Relevant knowledge of senior populations and their needs. • Ability to work independently as well as in a team environment. • Ability to establish effective relationships with the community and non-profit organizations. • Excellent interpersonal, verbal, and written communication skills. • Knowledge and techniques for effectively dealing with various age groups, socio-economic and ethnic groups.
• Able to prepare activity reports to Advisory Committee, and Recreation Services Coordinator as required.
• Spanish speaking, highly desirable.
• Knowledge of computer software, e.g., EXCEL, WORD, etc.

EDUCATION & EXPERIENCE:
• HS Diploma or Equivalent required; AA degree in social services or related field is highly desired. • Minimum of one (1) years’ experience working with older adultsin a community setting, required. • Valid California Driver License, Class C, with a clean driving record with own automobile insurance, required.

PHYSICAL REQUIREMENTS:

The physical demands described here are representative of those that must be met by an employee to successfully perform the essential the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. • Ability to occasionally lift, carry, push, and pull materials and objects up to 15 pounds.

Senior and Community Activities Coordinator
January 2024

PHYSICAL REQUIREMENTS (cont’d)
• Frequently handle, grip, grasp, and reach above, at, and below shoulder level. Infrequently bend, stoop, crouch, kneel, and extend neck upward, downward, or side-to-side. • Frequently sit, occasionally stand, or walk.
• Visual acuity which could be corrected sufficiently to perform the essential functions of the position; average depth perception needed.
• Ability to communicate to exchange information effectively verbally in an office environment, to hear and comprehend oral instructions and communications. • Occasional use of computer and telecommunication equipment WORK ENVIRONMENT:

The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
• Primarily works indoors with no exposure to inclement weather, conditions, or hazards.

The noise level in the work environment is usually quiet in the office and moderate during events/activities.

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.

Agenda Item No. 15

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of February 13, 2024
_______________________________ _________________________________ Prepared by: Approved by:

Philip F. Sinco, City Attorney Todd Bodem, City Administrator SUBJECT: Technical Amendments to the Guadalupe Municipal Code RECOMMENDATION:

That the City Council introduce on the first reading, and continue to its meeting of February 27, 2024, for second reading and adoption, Ordinance No. 2024-515 making technical (nonsubstantive or minor) amendments to the Guadalupe Municipal Code (GMC).

BACKGROUND:

For the last several years, the City Attorney has been making a list of GMC provisions that require corrections, modifications, or elimination. These GMC provisions that require amendments are not intended to be substantive amendments, but rather, more in the nature of clerical corrections or changes of a minor nature. In addition to correction of errors, these types of changes are often necessary due to changes in State law or in City operations. The City Attorney intends to present future ordinances making similar “technical” amendments to the City’s Municipal Code as needed or as is convenient.

DISCUSSION:

The proposed technical amendments are of two types: clerical corrections and minor changes.

Clerical Corrections:

The proposed clerical corrections are as follows:
• GMC Section 1.10.040: Correction of a mistake (reference to Section 8.50.207 should be to Section 8.50.120).
• GMC Sections 3.24.060 – 3.24.090 (Utility Users’ Tax): Correction of mistakes (change the rate of the tax from 7% to 5%.

Philip F. Sinco

• GMC Section 18.60.030: Correction of a mistake. The reference to Section 18.60.070 should actually be to Section 18.60.050.

The clerical corrections for GMC sections 1.10.040 and 18.08.030 do not require additional explanation as they are simply clerical errors in that they each refer to another section of the GMC that is actually the wrong section; however, the changes to GMC sections 3.24.060-3.24.090 do deserve some further explanations.

GMC sections 3.24.060-3.24.090: These sections pertain to the City’s Utility Users’ Tax (UUT) which was adopted by the City in 1985. UUT imposes a tax on telephone, water, gas, and electric usage within a local jurisdiction. The City’s UUT tax rate was set at five percent of the charges made for the use of the particular service, and that rate has remained the same since the tax was enacted. In 1986, state voters approved Proposition 62 which required all general taxes (such as the UUT) or general tax increases to be approved by a majority of voters (and special taxes to be approved by a 2/3 majority). Thereafter, several California appellate court decisions placed the constitutionality of Proposition 62 in doubt, especially its requirement that the voters approve general taxes (and general tax increases). On January 27, 1994, the California Supreme Court accepted review of a case that many believed might result in a decision confirming that Proposition 62’s requirement that general taxes be approved by local voters was unconstitutional. Sometime later in 1994, and possibly in response to a favorable decision from the California Supreme Court, the City Council passed an ordinance which increased the UUT tax rate from five percent to seven percent which was not submitted to the City’s voters for approval. Although it is unclear why the City’s Municipal Code to seven percent, this increase was never actually imposed on City utility users. This may have been because the City wanted to wait until the California Supreme Court had ruled on this case before implementing the increased UUT rate to avoid having to issue refunds if the decision was not favorable. Again, the reasons why the UUT rate increase was not submitted to City voters is not known, but if the goal was to implement this tax increase without approval from the voters, this goal was frustrated. On September 28, 1995, the California Supreme Court issued its decision and held that Proposition 62 was constitutional, and therefore, general taxes had to be submitted to a vote of the people to become effective. The UUT increase adopted by the Council never thereafter submitted to the voters, so the tax rate has remained at five percent since 1985 (even though the GMC indicated the UUT rate was seven percent).

In 2014, the City Council approved a measure to submit to the City’s voters that would remove the maximum annual utility users tax liability for any single utility user (limited at $2,250). This measure was intended only to apply to the largest users of utilities in the City, and the vast majority of utility users in the City would see no impact in their tax liability from the measure. Significantly, the staff report for this measure specifically stated that the City’s UUT rate had remained at five percent since it was adopted in 1985 (and had never been raised to seven percent) and the 2014 measure did not propose increasing it to seven percent.

For the foregoing reasons, the changes being proposed in the technical amendments to Sections

3.24.060-3.24.090 are nonsubstantive corrections.

Minor Changes:

There are four minor changes being proposed as part of the technical amendments, which are as follows:

• GMC Section 6.04.390: To allow a misdemeanor to be charged for violation of Chapter 6.04 (Animals) in the “prosecutorial discretion” of the City rather than only as an infraction. • GMC Section 13.08.055: New section to be added (to clarify City and property owner/occupant responsibility for water lines to and from a water meter). • GMC Chapters 18.42 and 18.46: Repeal of both of these Chapters as they relate to two zoning districts that are no longer (or never were) in use and are not reflected on the City’s official zoning map.
• GMC Section 18.08.345: Delete language set forth in the definition of a “garage” stating that minimum interior dimensions for a garage shall be “not less than 11 feet by 20 feet” since the dimensions conflict with other provisions from GMC Chapter 18, and are not required for the definition of a garage.
• GMC Section 18.60.050: Change minimum width for two off-street parking spaces in a garage in the single-family zoning district from 9.5 feet to 9 feet (to make this measurement consistent with minimum width for all off-street parking spaces, except in a single car garage in the singlefamily zoning district, in which case the minimum width will remain at 11 feet). • GMC Section 18.75.030: Removal of language believed to be lawful when enacted, but which subsequent changes in State law have raised the likelihood it would be deemed unlawful. This language concerns a limitation for employee housing that applies only single family parcels.

GMC Section 6.04.390: The GMC has quite a few requirements in Chapter 6.04 related to the keeping of animals as pets (e.g., running at-large, excessing noise from barking, failure to obtain a license, etc.) many of which are typically considered to be minor when violated. For that reason, these violations are punishable as infractions. For such infractions, first violation is a $50 fine, the second is $100, and the third is $500 (when the second or third violations occur within 12 months of the first violation). The only time a misdemeanor charge is authorized in Chapter 6.04 is when three infractions occur within a 12- month period. A misdemeanor is a much more significant deterrent as it is punishable by a fine up to $1,000 and up to six months in jail, although a jail sentence is very seldom, if ever, imposed by a court.

In some instances, it would be of great assistance to the City and to affected residents of the City if a first violation (if significant enough) could be prosecuted as a misdemeanor. For example, while many of the violations in Chapter 6.04 would be considered minor by many, some of them are, or could be, serious violations such as cruelty to an animal or an injury to a person as a result of a dog running atlarge off leash. Without the ability for the City to file a misdemeanor complaint in criminal court for a first, but serious, violation, the only option would be for the City (and/or County Animal Services) to issue a citation for an infraction, and if two more violations occurred within 12 months from the first, then file a misdemeanor charge. For this reason, GMC section 6.04.090 is proposed to be amended to allow, but not require, the filing of a misdemeanor charge for a violation of Chapter 6.04, instead of having to issue a citation for an infraction (no matter how serious the violation may be) unless there have been three violations within 12 months. This proposed amendment goes beyond a “non-substantive” change, but staff believes it is a minor change since a misdemeanor charge is the default for any violation in the GMC unless the violation is specifically designated as an infraction. (See GMC section 1.08.101). Moreover,the

proposed amendment is not changing the punishment for violations of Chapter 6.04 from infractions to misdemeanors, but rather, merely allowing prosecutorial discretion to charge a violation as either a misdemeanor or an infraction.

GMC Section 13.08.055: The only amendment in the proposed ordinance that is adding an entirely new section is proposed GMC section 13.08.055. Chapter 13.08 in general concerns water meters. Based on what is stated in Chapter 13.08, it appears that prior to 1985, some water users paid a flat rate for water usage (i.e., those who did not have water meters at their properties) while others had been required to install meters at their own cost and were required to pay for the actual amount of water used.

Moreover, as the Council’s findings as set forth in Chapter 13.08 continue, “[e]xperience has shown that unmetered water users are not as careful to conserve water as are people who have water meters and who pay the full amount for water actually used” which “… contributes to the waste of water, a precious natural resource, it adds unnecessarily to inflows at the wastewater treatment plant causing increased energy costs, and it creates inequities which are not consistent with the American way of life, which calls for cities to provide equal levels of service at equal prices to all segments of the community.” For these reasons, the City Council required all unmetered properties receiving City water service to have water meters installed so that all water users paid the same rates, based upon the actual amount of water used and to reduce energy costs at the sewer treatment plant by reducing the flow of water into the plant.

At the time Ordinance no. 85-256 was enacted, there were 797 unmetered locations in the City, and all of them were required to have meters installed and approved by City inspectors within 90 days from November 25, 1985 (which was the date the ordinance was adopted).

Unfortunately, this ordinance did not include any statement as to who was responsible for ownership and maintenance of the water lines leading from the water meter to the particular occupancy. As a result, City Public Works staff has occasionally had difficulties with property owners or occupants about who is responsible for maintaining the portion of the water service line from the water meter to the property being serviced. While this has been an infrequent occurrence over the years, Public Works staff requested that a clear statement that the property owner or occupant is the owner of the portion of the water line from the water meter to the particular occupancy and is, therefore, responsible for all maintenance costs.

This is the rule in all (or the vast majority) of cities in California. This allocation of responsibilities with the City being responsible for maintenance of water service lines from the City mains to a water meter, including the water meter, and the property owner or occupant being responsible for the line after the meter to the occupancy is not only standard practice, it is fair to all concerned. The proposed new Code section makes this allocated maintenance responsibility clear. For the foregoing reasons, while this is a new addition to the GMC, it is a very minor one, and therefore, qualifies as a “technical” amendment.

GMC Chapters 18.42 and 18.46: Chapters 18.42 and 18.46 of the GMC are being proposed to be repealed in their entirety. The reason for this is due to the fact that Chapter 18.42 describes the permitted and conditionally permitted uses in the C-R, COMMERCIAL RECREATION DISTRICT and Chapter 18.46 does the same for the UR/I, URBAN RESERVE/LIGHT INDUSTRIAL DISTRICT, but the problem is that these two zoning districts either no longer are used (or they never were in use) and they are not reflected on the City’s official zoning map. This is “almost” a clerical correction; however, since it involves eliminating

two entire Chapters of the GMC, staff is describing this as a “minor” amendment. Regardless, the proposed repeal of both of these Chapters is appropriately considered to be a technical amendment.

GMC Sections 18.08.345 and 18.60.050: As part of the Zoning Ordinance update project by the City’s Planning Director Larry Appel, the City Council adopted Ordinance No. 2019-478 which included many new definitions for Chapter 18 of the GMC (the “Zoning Ordinance”). The current definition for a garage (GMC section 18.08.345) was one of the new definitions added. This definition included a minimum interior dimension for a garage of 11 feet by 20 feet. According to the Planning Director, the 20 feet dimension was an error and should have been 19 feet. After some review, the City Attorney agreed that 20 feet was an error. This determination was based on several facts.

First, before the 2019 amendments, GMC section 18.60.020 provided that off-street parking spaces "shall be not less than 19 feet in length and average 8.5 feet in width." The 2019 amendments included a minor change to this section which was as follows: "… [off-street parking spaces] shall not be less than 19 feet in length and average 8.5 9.0 feet in width." This particular section applies to all off-street parking spaces, including but not limited to those in garages, but because he new definition of a garage included a minimum interior dimension of 11 feet by 20 feet, this created some confusion as to whether these dimensions were for the interior of the garage itself or the interior dimensions of the parking space(s) within a garage.

Adding to this potential confusion was another change made in the 2019 Zoning Ordinance amendments. This change was the addition of a new section (GMC section 18.060.050(a)(1)) applicable only in the single-family zoning district that required garages with two (2) parking spaces to have a minimum width of 9.5 feet by 19 feet in length for each space, and a minimum of 11 feet by 19 feet if a garage only provided one parking space.

The Planning Director believes that some minor changes can eliminate the potential confusion arising from the differing dimensions for off-street parking spaces. The specific changes are to eliminate the reference to “a minimum interior dimension for a garage of 11 feet by 20 feet” in GMC section 18.08.345, and to change “9.5 feet” to “9 feet” in GMC section 18.60.050. Taken together, these two changes will clarify that the correct dimensions for off-street parking spaces are 9 feet in width and 19 feet in length, except when an off-street parking space is being provided in a single car garage in the single family zoning district, in which case, the correct dimensions for the parking space shall be 11 feet in width and 19 feet in length.

GMC Section 18.75.030: GMC Chapter 18.75 is the City’s employee housing ordinance. This section essentially provides that any use of any dwelling unit in the City for housing of six (6) of fewer employees may be used as employee housing (as that term is defined and used under California law) but requires a conditional use permit if seven (7) or more employees are housed in a single dwelling unit. Currently, this section has a limitation for single-family parcels that staff believed was lawful at the time it was enacted; however, with changes in state law since this time, this limitation no longer appears to be consistent with state law.

The specific limitation was to require a conditional use permit (CUP) for housing of seven (7) or more employees on a “single parcel” if there was an accessory dwelling unit (ADU) or a junior ADU on the

property in addition to the “primary” dwelling (assumed at the time to be a single-family dwelling). (Although the particular section refers to a “single parcel” and not a “single-family parcel,” it is clear from the context that these terms are synonymous). The intent was to treat all single-family parcels the same with respect to the number of employees that could be housed on a “single parcel” regardless of the number of dwelling units. However, in light of the state legislature’s expansion and promotion for ADUs (including junior ADUs), staff no longer believes it is consistent with the trend of state law to limit the number of employees that can be housed on a single-family parcel without requiring a CUP based on the number of dwelling units on the parcel.

ALTERNATIVES:

The Council may decline to introduce the Ordinance, or may direct staff to revise it.

FISCAL IMPACT:

None.

ATTACHMENTS:

1. Ordinance No 2024-515 making “technical” amendments to various sections of the Guadalupe Municipal Code.
1 ORDINANCE NO. 2024-515

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA, MAKING

NONSUBSTANTIVE OR MINOR AMENDMENTS TO VARIOUS SECTIONS OF THE GUADALUPE

MUNICIPAL CODE TO MAKE CLERICAL CORRECTIONS, TO ALLOW VIOLATIONS RELATED TO

ANIMALS TO BE MISDEMEANORS OR INFRACTIONS, TO REMOVE TWO ZONING DESIGNATIONS THAT ARE NOT ON THE CITY’S ZONING MAP, TO CLARIFY THE DIMENSIONS FOR OFF-STREET

PARKING SPACES IN GARAGES, TO CLARIFY OWNERSHIP AND MAINTENANCE RESPONSIBILITIES

FOR WATER LINES TO AND FROM A WATER METER, AND TO REMOVE A LIMITATION RELATED TO

EMPLOYEE HOUSING ON A SINGLE-FAMILY PARCEL
The City Council of the City of Santa Maria, State of California, does ordain as follows:

SECTION 1. Section 1.10.040 of Chapter 1.10 of the Guadalupe Municipal Code is hereby amended as follows:
§1.10.040 Methods of service.

All notices required by this chapter shall be served pursuant to the provisions of Section

8.50.207120.

SECTION 2. Section 3.24.060 of Chapter 3.24 of the Guadalupe Municipal Code is hereby amended as follows:
§ 3.24.060. Electricity users’ tax.

A. There is hereby imposed a tax upon every person in the City, other than an electrical corporation or a gas corporation, using electrical energy in the City. The tax imposed by this section shall be at the rate of 7% 5% of the charges made for such energy, and shall be paid by the person paying for such energy.

B. As used in this section, the words “using electrical energy” shall not be construed to mean the use of such energy from a storage battery; provided, however, that the term shall include the receiving of such energy for the purpose of using it in the charging of storage batteries.

C. As used in this section, the words “using electrical energy” shall not be construed to mean the receiving of such energy by an electrical corporation or a governmental agency at a point within the City, for resale.

D. The tax imposed in this section shall be collected from the service user by the person selling such electrical energy. The amount of tax collected in one month shall be remitted to the Tax Administrator on or before the last day of the following month.

ATTACHMENT 1
2 SECTION 3. Section 3.24.070 of Chapter 3.24 of the Guadalupe Municipal Code is hereby amended as follows:
§ 3.24.070. Gas users’ tax.

A. There is hereby imposed a tax upon every person in the City, other than a gas corporation or an electrical corporation, using gas in the City which is delivered through mains or pipes.

The tax imposed by this section shall be at the rate of 7% 5% of the charges made for such gas, and shall be paid by the person paying for such gas.

B. As used in this section, the word “charges” shall include minimum charges for such services, including customer charges, service charges and annual and monthly charges.

C. As used in this section, the word “charges” shall not include charges made for gas used in the generation of electrical energy by a public utility or a governmental agency.

D. As used in this section, the words “using gas” shall not be construed to mean the receiving of such gas by a gas corporation or governmental agency at a point within the City, for resale.

E. The tax imposed in this section shall be collected from the service user by the person selling the gas. The amount collected in one month shall be remitted to the Tax Administrator on or before the last day of the following month, or at such other time as the Tax Administrator and the service supplier may from time to time agree by administrative agreement.

SECTION 4. Section 3.24.080 of Chapter 3.24 of the Guadalupe Municipal Code is hereby amended as follows:
§ 3.24.080. Telephone users’ tax.

A. There is hereby imposed a tax on the amounts paid for any intrastate telephone communication services, by any person in the City other imposed by this section shall be at the rate of 7% 5% of all charges made for such services, and shall be paid by the person paying for such services.

B. As used in this section, the term “charges” shall not include charges for services paid for by inserting coins in coin-operated telephones, except where such coin- operated telephone service is furnished for a guaranteed amount, the amounts paid under such guarantee plus any fixed monthly or other periodic charge shall be included in the base for computing the amount of tax due; nor shall the term “charges” include charges for any type of service or equipment furnished by a service supplier subject to Public Utility regulation during any period in which the same or similar services or equipment are also available for sale or lease from persons other than a service supplier subject to Public Utility regulation; nor shall the term “telephone communications services” include land mobile services or maritime mobile services as defined in Section 2.1 of Title 47 of the Code of Federal 3 Regulations. The term “telephone communication services” refers to that service which provides access to a telephone system and the privilege of telephone- quality communication, with substantially all persons having telephone stations which are part of such telephone system. The telephone users tax is intended to, and does, apply to all charges irrespective of whether a particular communication service originates and/or terminates within the City.

C. The tax imposed in this section shall be collected from the service user by the person providing the intrastate telephone communication services, or the person receiving the payment for such services. The amount of tax collected in one month shall be remitted to the Tax Administrator on or before the last day of the following month, or, at the option of the person required to collect and remit the tax, an estimated amount of tax collected, measured by the Tax Administrator on or before the last day of each month.

D. Notwithstanding the provisions of subsection A of this section, the tax imposed under this section shall not be imposed upon any person for using intrastate telephone communications services to the extent that the amounts paid for such services are exempt from or not subject to the Taxation Code or the tax imposed under Section 4251 of Title 26 of the United States Code.

SECTION 5. Section 3.24.090 of Chapter 3.24 of the Guadalupe Municipal Code is hereby amended as follows:
§ 3.24.090. Water users’ tax.

A. There is hereby imposed a tax upon every person within or without the City, other than a water corporation, using water supplied by the City which is delivered through mains or pipes. The tax imposed by this section shall be at the rate of 7% 5% of the charges made for such water, and shall be paid by the person paying for such water.

B. The tax imposed in this section shall be collected from the service user by the person selling the water. The amount collected in one month shall be remitted to the Tax Administrator on or before the last day of the following month.

SECTION 6. Section 6.04.390 of Chapter 6.04 of the Guadalupe Municipal Code is hereby amended as follows:
§ 6.04.390. Penalties.

A. Except as otherwise provided in Section 6.04.370 of this chapter, any person violating any provision of this chapter shall be deemed guilty of a misdemeanor, however, the City shall have the prosecutorial discretion to cite any misdemeanor violation of this Chapter as an infraction, and if cited as an infraction, and shall be subject to the following fines:

1. $50.00 upon the first offense.
4 2. $100.00 upon the second offense in a 12-month period.

3. $250.00 upon the third offense in a 12-month period.

B. If any violation is continued, each day's violation shall be deemed a separate violation. Any person found guilty of more than 3 violations of this chapter within a 12-month period shall be deemed guilty of a misdemeanor and fined up to $1,000.00 or imprisoned for a term not to exceed 30 days for each misdemeanor conviction. The person shall also pay any and all expenses, including shelter, food, veterinarian expenses for identification or certification or boarding associated with the seizure of the animal.

SECTION 7. Section 13.08.055 is hereby added to Chapter 13.08 of the Guadalupe Municipal Code as follows:
§ 13.08.055. Connections – Ownership and Maintenance.

All connections up to and including the meter shall at all times remain the property of the City, and all connections beyond the meter toward the occupancy shall be the sole responsibility of the property owner or occupant, both as to the original installation and as to maintenance and upkeep.

SECTION 8. Section 18.08.345 of Chapter 18.08 of the Guadalupe Municipal Code is hereby amended as follows:
§ 18.08.345. Garage.

An accessory building or part of a main building of not less than 11 by 20 feet interior dimension, designed for the shelter and storage of a motor vehicle or vehicles and enclosed on 3 or more sides. Garages must be open and usable for the parking of vehicles to satisfy the parking requirements of this Code.

SECTION 9. Chapter 18.42 of the Guadalupe Municipal Code (C-R, COMMERCIAL RECREATION DISTRICT) is hereby repealed in its entirety:
§ 18.42.010. Purpose of district.

The purpose of the C-R district is to accommodate businesses who cater to the recreation and traveling needs of the community and visitors.
§ 18.42.020. Permitted uses.

Uses permitted in the C-R zone include:

A. Amusement arcades;
5 B. Athletic clubs, fitness centers;
C. Bowling alleys;
D. Commercial recreation activities, such as batting cages, roller skating and swimming pools; E. Golf course, driving range and club house;
F. Hot tubs as a commercial use;
G. Pool halls and billiards;
H. Restaurants;
I. Retail sale of sporting goods and athletic equipment, including bicycles. § 18.42.030. Conditional uses.

A. Uses permitted subject to obtaining a conditional use permit, including:

1. Bed and breakfast inns;

2. Motels/hotels;

3. Retail (storefront) commercial cannabis business.

4. Hostels.

B. The following uses are allowed by a conditional use permit provided that: (1) the gross floor area of each establishment shall not exceed 2,000 square feet; and (2) the combined floor area of such establishments within a shopping center shall not exceed 25% of the total floor area:

1. Bars and taverns;

2. Restaurants;

3. Retail sale and rentals of specialty items, such as video rental, clothing stores, books, records, toys and stationery;

4. Retail sale of groceries and liquor (<2,000 square feet).

SECTION 10. Chapter 18.46 of the Guadalupe Municipal Code (UR/I, URBAN RESERVE/LIGHT INDUSTRIAL DISTRICT) is hereby repealed in its entirety:
6 § 18.46.010. Purpose of district.

The purpose of the UR/I district is to provide locations for light manufacturing, trucking and other industrial related land uses, as well as to serve as a holding zone which may be redesignated to meet the changing need for land.
§ 18.46.020. Permitted uses.

Uses permitted in the UR/I zone include:

A. Advertising and related services;
B. Auto repair and related services;
C. Building and landscape maintenance;
D. Carwash;
E. Contractor’s yard;
F. Delivery and private postal services;
G. Equipment rental;
H. Feed stores and farm supply stores;
I. Laundries;
J. Photocopy services;
K. Photofinishing, blueprinting;
L. Printing and publishing services;
M. Repair services;
N. Retail sale of auto parts, tires and batteries;
O. Retail sale of autos, boats, mobile homes;
P. Retail sale of building and landscape materials;
Q. Retail sale of furniture and appliances;
R. Service stations;
7 S. Warehousing/wholesaling, ministorage, moving companies. § 18.46.030. Conditional uses.

Uses permitted subject to obtaining a conditional use permit, including manufacturing, and commercial cannabis businesses involving distribution, manufacturing, testing labs, cultivationprocessing, and/or microbusiness (non-cultivation).

SECTION 11. Section 18.60.030 of Chapter 18.60 of the Guadalupe Municipal Code is hereby amended as follows:
§ 18.60.030. Construction specifications and access standards.

Off-street parking facilities shall meet the following standards:

A. Every off-street parking space shall be accessible by a driveway from a public street or alley.

B. Each parking space shall be not less than 19 feet in length and 9.0 feet in width or as otherwise noted in Section 18.60.070 18.60.050.

C. Where 3 or more parking spaces are provided in one area, driveways shall be designed to allow forward movement of a vehicle between the street and the parking spaces.

D. Driveways shall have a clear width of not less than 10 feet, and a paved width of not less than 8 feet.

E. Driveways providing for 2 lanes of vehicular traffic in opposite directions shall have a width of not less than 20 feet.

F. Off-street parking areas shall be designed to permit the operator of a vehicle to maneuver from one aisle of the off-street parking area to another aisle without driving upon any portion of a public street.

G. Entrances and exits shall be provided at locations approved by the City Engineer.

H. If the parking area is illuminated, lighting shall be deflected away from abutting streets and residential sites so as to prevent dangerous or annoying glare.

I. A required off-street parking space shall not be located in the required front yard setback, or in a required side yard adjoining a street.

J. All driveways and parking areas shall be surfaced so as to provide a durable and dustless surface, and shall be graded and drained to dispose of all surface water accumulated within 8 the area, and shall be arranged and marked to provide for orderly and safe parking and movement of vehicles. Drainage of driveways and parking areas shall comply with current National Pollution Discharge Elimination System (NPDES) and Regional Water Quality Control Board standards for stormwater runoff including low impact development (LID) standards.

SECTION 12. Subdivision A of Section 18.60.050 of Chapter 18.60 of the Guadalupe Municipal Code is hereby amended as follows:
§ 18.60.050. Off-street parking spaces required.

A. Residential.

1. Dwelling, Single-Family.
a. New construction of single-family residential dwellings shall provide 2 off-street parking spaces within a garage or carport, and where preengineered, uniform carport and garage designs are approved through a design review permit. Off-street parking spaces within a garage or carport shall be a minimum of 9.5 9 feet by 19 feet; except that single-car garages and carports with side walls shall be 11 feet by 19 feet. These spaces shall be free and clear of any appliances, cabinets, structures or material which could make the space unusable for the parking of automobiles. b. Single-family residential units which existed or were under construction prior to approval of this ordinance amendment and where additional living area is added after adoption of this ordinance amendment shall provide 2 off-street parking spaces, one of which must be within a garage or carport and one of which must be on a flat, paved pad accessible directly from the driveway or the public way and located outside the front yard setback. The requirement of this paragraph for existing structures shall not apply when additions are made to the unit that do not constitute an increase in living area. This section in no case will prohibit the addition of living area to a single-family residence when there is no accessible space available for the required additional parking space, subject to all other provisions of the zoning regulations being complied with.

2. Two-family/duplex dwellings or multifamily dwellings shall provide 2 spaces per unit, one of which shall be covered.

3. Condominium developments require 2 covered parking spaces per dwelling unit, plus one guest parking space for each 2 dwelling units. The guest parking spaces shall be distributed throughout the development at locations approved by the Planning Department.

4. Mobile home parks shall provide 2 spaces per unit, plus one guest space for each 4 mobile home sites in the park.
9 5. Senior Housing Units.
a. Where the square footage per unit does not exceed 600 square feet, shall provide one space for each 3 units, plus one space per each staff member. b. Units exceeding 600 square feet shall provide one space per dwelling unit, plus one space per each staff member.

6. Boardinghouses. One covered parking space is required per habitable room as determined by the Building Official. For the purpose of this section, bathrooms and kitchens are not habitable rooms.

SECTION 13. Section 18.75.030 of Chapter 18.75 of the Guadalupe Municipal Code is hereby amended as follows:
§ 18.75.030. Applicability of requirements.

A. The requirements set out in this chapter apply to and are conditions of all employee housing facilities within the City. Failure of an operator of an employee housing facility to comply with the provisions of this chapter is a public nuisance and is subject to the administrative penalties, citations, fines and hearing procedures of the City of Guadalupe.

B. Frequent or an unusual number of calls for service or public complaints for an employee housing facility, as determined by the Director of Public Safety, may lead to review and imposition of additional conditions or revocation of the conditional use permit issued for the facility.

C. Pursuant to California Health and Safety Code Section 17021.5, employee housing providing accommodations for 6 or fewer employees in a dwelling unit (or on a single parcel if there is also an accessory dwelling unit and/or a junior accessory dwelling unit in addition to the primary dwelling unit on the parcel) is a residential use of property, and therefore, is not subject to the provisions of this chapter.

D. All employee housing facilities shall comply with the processing procedures for a conditional use permit as provided in Chapter 18.72.

SECTION 14. 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 pursuant to §15601(b)(3) (general rule) of the CEQA Guidelines because it does not have the potential to create a physical environmental effect.

SECTION 15. 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 10 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 16. 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 13th day of February 2024, by the following vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

PASSED AND ADOPTED at the regular meeting of the City Council on the 27th day of February 2024, by the following roll call vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:
__________________________________ ______________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS IS TO FORM:
___________________________________
Philip F. Sinco, City Attorney
Agenda Item No. 16

REPORT TO THE GUADALUPE CITY COUNCIL
Agenda of February 13, 2024
__________________________________ _____________________________ Prepared by: Approved by:

Tom Brandeberry, Project Manager Todd Bodem, City Administrator SUBJECT: Approval of the final composition of board of directors for the nonprofit corporation to be formed by the City and change funding granted to the nonprofit to a forgivable loan.

RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 2024-16 to approve three community members to the board of directors for the nonprofit corporation to be formed by the City; approve changing the appointment of the Mayor as President to the City Administer as President; and make the $10,000 grant to GCAC a forgivable loan.

BACKGROUND:

The City Council has approved many steps to bring the Royal Theatre to historic status, to bring the theatre to shovel ready status, and to apply for funding from both the Economic Development Administration (EDA) and the State Legislative budget process, which was approved and administrated via the California Arts Council (CAC). The City was successful in obtaining funding for the construction phase of the project from the federal Economic Development Administration (EDA) in the amount of $4,889,121. Additional funding was received as part of the 2021/22 State Budget and the City has received $5M from the California Arts Council. The project was successful in being recognize as a historic building from both the state and federal governments.

The project, for the complete design, has a financial gap, at approximately $3 million. This is based on an estimate of what the construction bid will come in at, using the high estimate. Therefore, the City staff, with council’s prior approval have been working with tax credit attorney and tax credit consultant to apply for both Federal Historic Tax Credits (HTC) and New Market Tax Credits (NMTC) to fill the remaining gap in funding.

The City is unable to accept tax credit investments directly under both the HTC and NMTC programs.

Additionally, each type of tax credits requires different type of entities to accept tax credits investments. HTC requires that the entity be a for-profit while the NMTC requires the entity be a nonprofit. Also, while the City can create a nonprofit, it has been determined that the City cannot create a Limited Liability Corporation (LLC) or any other form of for-profit corporation. To be able to apply for both tax credit programs, the City must create a nonprofit to accept NMTC, and the Tom Brandeberry
nonprofit would create a for-profit LLC to accept HTC. In doing this process, the Royal Theater project could receive anywhere from $4M to $5M in tax credits from both tax credit allocations for use in the rehabilitation of the Royal Theatre, new construction of the three-story performing art center, the amphitheater, and the plaza and possible fund reserves.

To start this process City staff asked the Council for authorization to create a City nonprofit, at the January 9, 2024, Council meeting, and to hire a nonprofit attorney (Thomas Wrobel) to complete the incorporation process and to apply for IRS nonprofit status. At that same meeting City staff indicated they would return to the Council to review the basic rules that would become part of the by-laws for the nonprofit.

To continue the process of forming a City nonprofit, staff at the January 23, 2024, Council meeting, requested the approval of the Mayor and the City’s Financial Director as President and Treasurer/Secretary, respectively, and presented some of the key Bylaws for the proposed organization. Finally, staff requested a startup grant for the new nonprofit in the amount of $10,000. The Council expressed is support for the key Bylaws and the proposed mission statement, which is: “We serve the residents and businesses of Guadalupe through community support and economic development activities based on identified community needs and in partnership with the City of Guadalupe.” The Council expressed support for not limiting the nonprofit to just assisting with funding efforts for the Royal Theater project, but also, for other purposes.

DISCUSSION:

After the January 23, 2024, Council meeting, a nonprofit organizing group (Mayor, Finance Director, City Attorney, City Administrator, and Tom Brandeberry) meeting was held to discuss the ramification of the Bylaws as written on the nonprofit’s legal obligations. The City Attorney informed the group that the appointing of the Mayor by the City Council to the board of directors combined with the providing of funds to the new nonprofit would likely result in the new entity being subject to the Brown Act, as well as the California Public Records Act, and possibly, subject to the reporting requirements of the Political Reform Act. While important for legislative bodies acting on behalf of the public, the requirements imposed by these laws would be very burdensome on a small, largely volunteer, nonprofit corporation.

To avoid this result, the City Attorney recommended that staff return to City Council to request that its previous appointment of the Mayor as President of the Board be rescinded, and instead, that the City Administrator be appointed as the President. The City Attorney also recommended that the $10,000 grant to the new nonprofit be changed to a forgivable loan that would be required to be paid back if sufficient tax credit (or other) funding were secured, but would otherwise be forgiven.

Finally, as the Mayor had announced at the January 27, 2024, Council meeting, three individuals from the community had offered to volunteer to serve on the board of directors of the new nonprofit once it has been formed. The bylaws will have a provision to require the City Council to approve all nominees to the board of directors. Although the nonprofit organization has not yet been formed, in order to save time, staff is recommending that the City Council approve the appointment of the three community members (as well as the City Administrator) to the board at this time. The three community members proposed to be appointed to the board are:

Dr. Emilio Handall, from the Guadalupe Union School District.

Garret Matsurra, affiliated with the Guadalupe Business Association.

Michael Jiminez, representing a non-profit providing services to Guadalupe.

Should the City Council approve Resolution No. 2024-16, the nonprofit, once formed, will be empowered to meet on their own and begin their work. City staff will begin negotiations with the new nonprofit on a Memorandum of Understanding concerning how the nonprofit and the City will work together on community needs and economic development opportunities in addition to the Royal Theater project.

Finally, if the Council agrees to change the $10,000 in startup funds granted to the new nonprofits into a forgivable loan, City staff will develop a loan agreement for this purpose. City staff will bring this agreement to the City Council for its approval after it has been created.

FISCAL IMPACT:

If the Council’s approves the $10,000 as a forgivable loan to support the startup costs for the nonprofit, rather than as a grant, these funds could be reimbursed if the nonprofit is successful in recruiting NMTC investors, or other funding. If the nonprofit is unsuccessful in obtaining such funding, in which case, it is likely that the nonprofit would dissolve, the loan could be forgiven, in which case the City would lose the benefit of these funds.

ATTACHMENTS:

1. Resolution No. 2024-16
RESOLJUTION NO. 2024-16

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE RESCINDING THE

APPOINTMENT OF THE MAYOR AS PRESIDENT OF A NEW NONPROFIT CORPORATION TO BE

FORMED BY THE CITY, APPOINTING THE CITY ADMINISTATOR AS PRESIDENT OF THE BOARD,

APPOINTING THREE MEMBERS OF THE COMMUNITY TO THE BOARD OF DIRECTORS, AND CHANGING THE $10,000 IN STARTUP FUNDS FOR THE NEW ENTITY FROM A GRANT TO A

FORGIVABLE LOAN
WHEREAS, the City Council authorized the creation of a nonprofit corporation at its meeting on January 13, 2024, in part, to assist with obtaining New Market Tax Credit (NMTC) funding for the Royal Theater renovation project, which requires additional funds to complete construction; and WHEREAS, the Council authorized the creation of the new entity because the City is unable to obtain NMTC funding nor can it exercise control over any nonprofit corporation that does obtain such funding; and
WHEREAS, the City Council was presented with the proposed mission statement for the new entity (“We serve the residents and businesses of Guadalupe through community support and economic development activities based on identified community needs and in partnership with the City of Guadalupe”) as well as some of the key proposed bylaws, such as the composition of the board of directors (minimum of five and maximum of seven directors) with City representation being less than 50%, that the President would be the Mayor of Guadalupe, and the Treasurer will be the Finance Director of the City of Guadalupe, and that the three remaining members will come from community groups, and that all potential directors would require approval by the City Council; and
WHEREAS, at the January 27, 2024, Council meeting, the Council appointed the Mayor as the President of the board of directors, and appointed the Finance Director as the Secretary/Treasurer of the board of directors of the new entity, and also, authorized granting of $10,000 in startup funding for the new entity, and also, expressed support for the new nonprofit corporation to engage in other community support and economic development efforts that may be beneficial to the City in addition to seeking tax credit funding for the Royal Theater project; and
WHEREAS, thereafter, upon further review and consideration, it was determined that by having the City Council appoint a member of the City Council to the new nonprofit entity and by providing funding to it, the new entity would be subject to the Brown Act, the California Public Records Act, and possibly, the Political Reform Act; and WHEREAS, these laws are beneficial for legislative bodies acting on behalf of the public, they create onerous and burdensome requirements, which would make it more costly and difficult for the new nonprofit to engage in its activities as well as potentially discouraging qualified persons from serving on the board of directs; and
ATTACHMENT 1
WHEREAS, to avoid the new nonprofit entity required to be subject to the Brown Act, the California Public Records Acts, and possibly, the Political Reform Act, it is sufficient to rescind the appointment of the Mayor to the board of directors, and to instead appoint the City Administrator as President; and
WHEREAS, it is also advisable to change the $10,000 grant for startup costs for the new entity into a forgivable loan; and
WHEREAS, three qualified members of the community have volunteered to serve on the board of directors for the new nonprofit entity, and to save time so that the new nonprofit corporation can commence on its activities as soon as possible, the Council wishes to consider the appointment of these three persons to the board of directors: Dr. Emilio Handall, Garrett Matsurra, and Michael Jimenez.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GUADALUPE THAT:

SECTION 1. The appointment made at its January 27, 2024, Council meeting, of Mayor Ariston Julian as the President of the Board of Directors of the new nonprofit corporation the City intends to form, is hereby rescinded.

SECTION 2. The appointment of City Administrator, Todd Bodem, as the President of the Board of Directors of the new nonprofit corporation the City intends to form, is hereby approved.

SECTION 3. The City Council has considered, and hereby approves, the appointments of the following individuals to the Board of Directors of the new nonprofit corporation the City intends to form: Dr. Emilio Handall, Garrett Matsurra, and Michael Jimenez.

SECTION 4. The City Council’s previous unrestricted grant in the amount of $10,000 as startup funds for the new nonprofit corporation the City intends to form is hereby changed into a forgivable loan, a written agreement for which will be prepared by City staff and submitted to the City Council for approval at a future Council meeting.

SECTION 5. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.

PASSED, APPROVED AND ADOPTED at a regulate meeting on the 13th day of February 2024, by the following vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

I, Amelia Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2024-16, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held February 13, 2024, and that same was approved and adopted.

ATTEST:
____________________________________ ____________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
____________________________________
Philip F. Sinco, City Attorney
January 23, 2024 City of Guadalupe Successor Agency Meeting Minutes Page 1 of 2

MINUTES
City of Guadalupe
Special Meeting of the Successor Agency to the
Guadalupe Redevelopment Agency Board
Tuesday, January 23, 2024
(Following the City Council Regular Meeting that begins at 6:00 p.m.) 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 8:27 p.m. All but CM Lizalde were in attendance.

2. PLEDGE OF ALLEGIANCE

3. COMMUNITY PARTICIPATION FORUM
There were no requests to speak.

REGULAR BUSINESS

4. Recognized Obligation Payment Schedule and Administrative Budget for the July 1, 2024, through June 30, 2025, Period.

Written Report: Joy Otsuki, Special Counsel to the Successor Agency Recommendation: That the Successor Agency adopt SA Resolution No. 2024-02 approving the Recognized Obligation Payment Schedule for the July 1, 2024, through June 30, 2025 period.

Ms. Joy Otsuki said, “You will recall that two weeks ago, you agreed to the Recognized Obligation Payment Schedule (ROPS) that was presented to the Countywide Oversight Board on January 17th.

Unfortunately, the Countywide Oversight Board felt that the requested administrative costs were too high and directed that those costs be lowered. And that the revised ROPS with lowered administrative costs allowance be approved by the Successor Agency Board. Then be resubmitted to the Countywide Oversight Board. They will then finance and sign their resolution and permit the Successor Agency to submit the ROPS to the State Department of Finance.

The State Department of Finance has been cracking down on administrative costs for everybody. The County-wide Oversight Board did an analysis of Guadalupe, Lompoc and Goleta which are the last Agenda Item No. 20
January 23, 2024 City of Guadalupe Successor Agency Meeting Minutes Page 2 of 2 three (3) successor agencies. Guadalupe’s requested administrative costs were at 54% of RPTTF (Redevelopment Property Tax Trust Fund) as compared to Goleta at 2% of RPTTF and Lompoc at 13% of RPTTF. They are allowed to usurp this board so they directed that the original request of $197,484.00 be reduced to $127,970.00. Janice (Davis) has gone through and allocated that amount between the various components that make up the administrative costs. The ROPS has now been revised to reflect the lower administrative costs allowance of $127,970, which is now 35% of RPTTF.

Motion was made by Council Member Costa, Jr. and seconded by Council Member Hernandez to approve Successor Agency Resolution No. 2024-02 approving the Recognized Obligation Payment Schedule for the July1, 2024 through June 30, 2025 period. Roll Call: Ayes: 4 Absent: Lizalde 4-0 Motion passed.

5. ADJOURNMENT
Motion was made by Council Member Costa, Jr. and seconded by Council Member Hernandez to adjourn the meeting. 4-0 Absent: Lizalde Motion passed. The meeting adjourned at 8:32 p.m.

Prepared by: Approved by:
_____________________________________ _____________________________________ Amelia M. Villegas, Secretary Ariston Julian, Chair
Successor Agency of the Redevelopment Successor Agency of the Redevelopment Agency of the City of Guadalupe Agency of the City of Guadalupe