hereby approved.
SECTION 2. The Mayor is authorized to sign the Agreement with Eikhof Design Group, Inc. on behalf of the City.
SECTION 3. 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 22nd day of October 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. 2024-64, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held October 22, 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
AGREEMENT FOR CONSULTANT SERVICES
BETWEEN
THE CITY OF GUADALUPE
AND
EIKHOF DESIGN GROUP, INC.
THIS AGREEMENT FOR CONSULTANT SERVICES (the "Agreement") is made and entered into this 12th day of December 2024, by and between the CITY OF GUADALUPE, a municipal corporation ("City") and Eikof Design Group, Inc. ("Consultant").
In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
Section 1. Term of Agreement. Subject to the provisions of Section 18 (Termination of Agreement) of this Agreement, the term of this Agreement shall be for a period of three (3) years from commencing on December 12, 2024, through December 11, 2027, as first shown above. Such term may be extended upon written agreement of both parties to this Agreement.
Section 2. Scope of Services. Consultant agrees to perform the services set forth in Exhibit A (Scope of Services) and made a part of this Agreement.
Section 3. Additional Services. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to or outside of those set forth in this Agreement or listed in Exhibit A, unless such additional services are authorized in advance and in writing by the City Council or City Administrator of City. Consultant shall be compensated for any such additional services in the amounts and in the manner agreed to by the City Council or City Administrator.
Section 4. Compensation and Method of Payment.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in Exhibit B (Compensation) and made a part of this Agreement.
(b) Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (Administration, ministerial, and discretionary review). City shall independently review each invoice submitted by Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement and Scope of Services. In the event that no charges or expenses are disputed, the invoice shall be approved and paid according to the terms set forth in subsection (c). In the event City disputes any charges or expenses, City shall return the original invoice to Consultant with specific items in dispute identified for ATTACHMENT 2
correction and re-submission. All undisputed charges shall be paid in accordance with this Agreement and Scope of Services.
(c) Except as to any charges for work performed or expenses incurred by Consultant, which are disputed by City, City will cause Consultant to be paid within forty-five (45) days of receipt of Consultant's invoice. (d) Payment to Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant. (e) Consultant shall have the right to suspend services if not paid in accordance with this Agreement.
Section 5. Inspection and Final Acceptance. City may inspect and accept or reject any of Consultant's work under this Agreement, either during performance or when completed, if the work is found to be defective or not in compliance with the defined Scope of Services. Acceptance of any of the Consultant's work by City shall not constitute a waiver of any of the provisions of this Agreement, including but not limited to, Sections 15 and 16, pertaining to indemnification and insurance, respectively. Consultant agrees to cooperate in any such inspection.
Section 6. Ownership of Documents. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing any services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. Reuse of any materials outside the scope of this Agreement shall be at the sole risk of the City.
Section 7. Consultant's Books and Records.
(a) Consultant shall maintain any and all documents and records demonstrating or relating to Consultant's performance of services pursuant to this Agreement. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement. Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently completed and detailed so as to permit an accurate evaluation of the services provided by Consultant pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) years from the date of execution of this Agreement and to the extent required by laws relating to the audits of public agencies and their expenditures, unless all documents and records are turned over to the City at the conclusion of the Agreement.
(b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, upon reasonable notice during regular business hours, upon written request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Consultant's address indicated for receipt of notices in this Agreement. The City shall compensate the Consultant for all costs associated with providing these materials to the City.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or destroyed due to dissolution or termination of Consultant's business, City may, by written request, require that custody of such documents or records be given to the requesting party and that such documents and records be maintained by the requesting party. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.
Section 8. Status of Consultant.
(a) Consultant is and shall at all times during the terms of this Agreement remain a wholly independent Consultant and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
(b) The Consultant shall not obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees.
Consultant expressly waives any claim Consultant may have to any such rights.
Section 9. Standard of Performance. Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner.
Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Consultant under this Agreement.
Section 10. Compliance With Applicable Laws, Permits and Licenses.
Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement applicable to Consultant. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable at law or in equity as a result of any failure of Consultant to comply with this section.
Section 11. Nondiscrimination. Consultant shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, disability, marital status or sexual orientation in connection with or related to the performance of this Agreement.
Section 12. Unauthorized Aliens. Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. sections 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney's fees, incurred by City.
Section 13. Conflicts of Interest. Consultant agrees to at all times avoid conflicts of interest with the interests of the City in the performance of this Agreement.
Section 14. Confidential Information; Release of Information. (a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Administrator, except as may be required by law.
(b) Consultant shall not, without prior without prior written authorization from the City Administrator or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories or other information concerning the work performed under this Agreement. A response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (c) If Consultant, or any officer, employee, agent or sub consultant of Consultant, provides any information or work product in violation of this section, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify City should Consultant, its officers, employees, agents or sub consultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Consultant shall be compensated for all costs associated with complying with this section.
Section 15. Indemnification.
(a) Indemnification and Defense for Professional Services: Pursuant to Civil Code section 2782.8, and to the fullest extent permitted by law, Consultant shall indemnify, defend, and hold harmless City and its respective elected and appointed boards, officials, officers, agents, employees, and volunteers (individually and collectively, "Indemnitees") from and against any and all claims, losses, liabilities, damages, costs and expenses, including reasonable attorney's fees and costs, to the extent they arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. Consultant's duty to defend shall consist of reimbursement of defense costs incurred by City in direct proportion to the Consultant's proportionate percentage of fault. Consultant's percentage of fault shall be determined, as applicable, by a court of law, jury, or arbitrator. In the event any loss, liability, or damage is incurred by way of settlement or resolution without a court, jury or arbitrator having made a determination of the Consultant's percentage of fault, the parties agree to mediation with a third party neutral to determine the Consultant's proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost reimbursement owed to the City.
(b) For All Other Liabilities: City and its respective elected and appointed boards, officials, officers, agents, employees, and volunteers (individually and collectively, "Indemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, defend, protect and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorney's fees and disbursements (collectively, "Claims") which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by Consultant's performance of or failure to perform any services under this Agreement or by the negligent or willfully wrongful acts or omissions of Consultant, its agents, officers, directors, sub consultants or employees, committed in performing any of the services under this Agreement.
(c) The provisions of this section do not apply to Claims occurring as a result of the City's sole negligence or willfully wrongful acts or omissions. (d) City agrees to indemnify Consultant for any such neglect or willfully wrongful acts committed by City or its officers, agents or employees.
Section 16. Insurance. Consultant agrees to obtain and maintain in full force and effect during the term of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work provided by Consultant in performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII. All insurance policies shall be subject to approval by City as to form and content. These requirements are subject to amendment or waiver, if so approved in writing by City Administrator. Consultant agrees to provide City with copies of required policies upon request.
Consultant shall provide the following scope and limits of insurance:
A. Minimum Scope of Insurance: Coverage shall be at least as broad as:
(1) Insurance Services Office Form Commercial General Liability coverage (Occurrence Form CG 0001).
(2) Insurance Services Office Form No. CA 0001 covering Automobile Liability, including code 1"any auto" and endorsement CA 0025, or equivalent forms subject to written approval of City.
(3) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers' Liability insurance and covering all persons providing services on behalf of the Consultant and all risks to such persons under this Agreement.
(4) Errors and omission liability insurance appropriate to the Consultant's profession.
B. Minimum Limits of Insurance: If required, Consultant shall maintain limits of insurance no less than:
(1) General Liability: $1,000,000 general aggregate for bodily injury, personal injury and property damage.
(2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
(3) Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employer's Liability limits of $1,000,000 per accident.
(4) Errors and Omissions Liability $1,000,000 per claim.
C. Other Provisions: Insurance policies required by this Agreement shall contain the following provisions:
(1) All Policies: Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or other party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested has been given to City.
(2) General Liability and Automobile Liability Coverages. (a) City and its respective elected and appointed officers, officials, employees and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant.
The coverage shall contain no special limitations on the scope of protection afforded to City, and its respective elected and appointed officers, officials or employees.
(b) Consultant's insurance coverage shall be primary
insurance with respect to City, and its respective elected and appointed officers, officials, employees and volunteers. Any insurance or self insurance maintained by City, and its respective elected and appointed officers, officials, employees or volunteers, shall apply in excess of, and not contribute with, Consultant's insurance.
(c) Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(d) Any failure to comply with the reporting or other
provisions of the policies including breaches of warranties shall not affect coverage provided to City, and its respective elected and appointed officers, officials, employees or volunteers.
(3) Workers' Compensation and Employer's Liability Coverage.
Unless the City Administrator otherwise agrees in writing, the insurer shall agree to waive all rights of subrogation against City, and its respective elected and appointed officers, officials, employees and agents for losses arising from work performed by Consultant.
D. Other Requirements: Consultant agrees to deposit with City, at or before the effective date of this Agreement, certificates of insurance necessary to satisfy City that the insurance provisions of this Agreement have been met. The City Attorney may require that Consultant furnish City with copies of original endorsements effecting coverage required by this section. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. City reserves the right to inspect complete, certified copies of all required insurance policies at any time. (1) Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims.
(2) The procuring of such required policy or policies of insurance shall not be construed to limit Consultant's liability hereunder nor to fulfill the indemnification provisions and requirements of this Agreement.
Section 17. Assignment. The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under the Agreement. In recognition of that interest, Consultant shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Consultant's duties or obligations under this Agreement without the prior written consent of the City Council. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement, entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. City acknowledges, however, that Consultant, in the performance of its duties pursuant to this Agreement, may utilize sub consultants.
Section 18. Termination of Agreement.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days' written notice of termination to Consultant. In the event such notice is given, Consultant shall cease immediately all work in progress. (b) Consultant may terminate this Agreement at any time upon thirty (30) days' written notice of termination to City.
(c) If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Consultant or City, all property belonging exclusively to City which is in Consultant's possession shall be returned to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in Section 4 of this Agreement.
This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 of this Agreement.
Section 19. Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default and may terminate this Agreement immediately by written notice to Consultant.
Section 20. Excusable Delays. Consultant shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Consultant. Such causes include, but are not limited to, acts of God, acts of the public enemy, and acts of federal, state or local governments, acts of the City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.
Section 21. Cooperation by City. All public information, data, reports and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in Exhibit A, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement.
Section 22. Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or United States mail, postage prepaid, addressed as follows:
To City: City Administrator
City of Guadalupe
918 Obispo Street
Guadalupe, CA 93434
To Consultant: Eikhof Design Group, Inc.
Attn: Jeff van den Eikhof, PE C59920
4875 El Camino Real
Atascadero, CA 93422
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.
Section 23. Authority to Execute. The person or persons executing this Agreement on behalf of the Consultant represents and warrants that they have the authority to so execute this Agreement and to bind Consultant to the performance of its obligations hereunder.
Section 24. Binding Effect. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
Section 25. Modification of Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Consultant and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
Section 26. Waiver. Waiver by any party to this Agreement of any term, condition or covenant of this Agreement shall not constitute a waiver of any other term, condition or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any provisions of this Agreement.
Section 27. Law to Govern; Venue. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Santa Barbara. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Los Angeles.
Section 28. Attorney's Fees, Costs and Expenses. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to any award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.
Section 29. Entire Agreement. This Agreement, including the attached exhibits, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding. No amendment to this Agreement shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.
Section 30. Severability. If a term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby, and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).
Section 31. Preparation of Agreement. This Agreement is the product of negotiation and preparation by and among the parties and their respective attorneys. The parties, therefore, expressly acknowledge and agree that this Agreement shall not be deemed prepared or drafted by one party or another, or any party's attorney, and will be construed accordingly.
CITY: CONSULTANT:
CITY OF GUADALUPE EIKHOF DESIGN GROUP, INC.
By: ______________________________ by: ________________________________ Ariston D. Julian, Mayor Jeff van den Eikhof, President APPROVED AS TO FORM:
__________________________________
Philip F. Sinco, City Attorney
EXHIBIT A – SCOPE OF SERVICES
The City Engineer/engineering firm (“Engineer”) will provide engineering services to the City of Guadalupe including design, management, inspection, and administration of public facility capital improvement projects as well as development review. All services can be provided directly or may be subcontracted out with appropriate supervision. All services will be provided on an as-needed basis. The flow of work will vary over time.
As funds are available, Engineer shall be responsible for translating the capital improvements called for City master plans. Engineer will be responsible for being familiar with state and federal funding opportunities and to work internally or with a subcontractor to prepare grant and loan application packages.
Development Review
Engineer will be responsible for engineering review of development projects. This requires coordination with project applicants and with other City departments – public works, planning, water, wastewater, etc. Such coordination often takes place through an internal development review committee process. Development review often also requires coordination with other public agencies – APCD, RWQCB, CalTrans, SBCAG, etc.
Engineer will recommend conditions of approval as appropriate for each development project.
If record maps such as parcel maps or tract maps are submitted to the City, Engineer will provide technical review, sign, and seal the certification statements on the record maps. The County surveyor will provide record map checking services.
Representing the City
Engineer will represent the City at each meeting of the SBCAG Technical Advisory Committee.
This committee meets monthly in various locations. In addition, Engineer may be called on to represent the City at other countywide or regional meetings.
Attendance at Council Meetings
The City Council of Guadalupe meets on the second and fourth Tuesday of every month at 6:00 pm. Engineer will be required to attend those meetings to present any projects the Engineer is working on which require City Council approval – for instance, construction contracts requiring approval, development review projects with significant engineering input, etc. The City of Guadalupe does not have a Planning Commission or any other advisory body. All planning approvals, architectural design approvals, and other program and project approvals rest solely with City Council.
EXHIBIT B - COMPENSATION
Fee Schedule
Personnel Description Rate/Hour
2025 2026 2027
Principal Civil Engineer $225.00 $230.00 $235.00
City Engineering Services* $190.00 $195.00 $200.00
Project Manager $180.00 $185.00 $190.00
Assistant Engineer $160.00 $165.00 $170.00
PW Inspection (Prevailing Wage $180.00 $185.00 $190.00
Engineering Technician $140.00 $145.00 $150.00
Drafting Technician $120.00 $125.00 $130.00
Administrative Assistant $100.00 $105.00 $110.00
* All City Engineering Services performed by Jeff van den Eikhof will be billed at this rate.
Direct Project Expenses
Outside Reproduction..................................................................................................................Cost + 10% Subcontracted or Subconsultant Services...................................................................................Cost + 10% Travel & Subsistence (other than mileage) ........................................................................................... Cost Auto Mileage.......................................................................................................................Current IRS Rate 1 PUBLIC SAFETY DIRECTORS REPORT
October 22, 2024
POLICE
• Police were successful in obtaining a grant from the California Office of Traffic Safety for $57,000 for a DUI Saturation Patrol Enforcement Program and DUI equipment and radars.
We will team up with CHP and Santa Maria Police Department on field operations. • Partnered with Mary Buren Elementary with traffic safety project. Street delineators were installed in the 1000 block of Peralta to prevent illegal U-turns which are a traffic hazard during the school drop off period. The initial trial period is currently a success.
FIRE
• Park Fire Wildland Fire Mutual Aid Response (7/28 – 8/11, 2024) – Fire Department received reimbursement of $99,620.97 for equipment usage and personnel response cost.
• Fire Department will assist with the Mary Buren Elementary “Fall Festival.” Calls for service:
Medical Emergencies = 18
Fire Alarm Activation = 1
Code Compliance
10/14/2024 9:49:43 253 Guadalupe St Graffiti on ally fence 10/11/2024
11:43:06
232 Point Sal dunes
way address missing
10/11/2024
11:39:20
209 Point Sal dunes
way
address covered by
bush
10/11/2024
11:34:25 4905 Sandpiper full address missing
10/11/2024
11:30:06 145 Nelson address covered
10/11/2024
11:12:20 4794 Pagaling address missing
10/11/2024
11:03:32 4656 Fifth St. needs unit number
10/9/2024 6:29:54 4436 Holly St Weeds
10/9/2024 6:29:09 4462 Elm St Vehicle on lawn
10/9/2024 6:28:16 4473 La Joya Dr Weeds
Agenda Item No. 9A
2 10/9/2024 6:27:41 4441 La Joya Dr Weeds
10/9/2024 6:26:53 4474 Hacienda Dr Weeds
10/9/2024 6:26:08 4377 Herado Dr Weeds
10/9/2024 6:24:39 410 Campodonico Ave Graffiti
10/9/2024 6:23:37 4390 Guerrero Dr Weeds
10/9/2024 6:22:36 4396 Guerrero Dr Weeds
CODE COMPLIANCE
Code Enforcement Projects
1. 178 Obispo St – Abandoned, stored vehicle on driveway requiring car cover.
Compliance Order Sent – Due date for response 11/15/2024.
2. 4473 Second St – Abandoned, stored vehicle on driveway requiring car cover.
Compliance Order Sent – Due date for response 11/15/2024.
3. 4413 Second St – Abandoned, stored vehicle on driveway requiring car cover.
Compliance Order Sent – Due date for response 11/15/2024.
4. 4420 Amber St – Address numbers missing.
Compliance Order Sent – Due date for response 11/15/2024.
5. 4427 Amber St– Abandoned, stored vehicle on driveway requiring car cover.
Compliance Order Sent – Due date for response 11/15/2024.
6. 4481 Amber St – Abandoned, stored vehicle on driveway requiring car cover.
Compliance Order Sent – Due date for response 11/15/2024.
7. 921 A Obispo St – Abandoned, stored vehicle on driveway requiring car cover.
Compliance Order Sent – Due date for response 11/15/24.
8. 5018 Sandpiper Ln - Abandoned, stored vehicle on driveway requiring car cover.
Compliance Order Sent – Due date for response 11/15/24.
EMERGENCY PREPAREDNESS
No items to report
3 MONTHLY COMMITTEE ASSIGNMENTS
• Marian Hospital Community Board of Directors – Represent Guadalupe • D&J’s Advisory Committee – Parolee Reentry and Homeless Shelter Assistance • Son Care Advisory Board – Service Dogs for PTSD Veterans and Disability Community. • RFCC Coordination Committee – Fire Dispatch Center – Represent Guadalupe • EMS Workgroup – Emergency Medical Service – Represent Guadalupe • Santa Barbara County Emergency Managers Meeting – Represent Guadalupe • Santa Barbara County Animal Services Monthly Meeting with Director – Represent Guadalupe
• Santa Barbara County Probation Department – Community Corrections Realignment Planning Workgroup – Represent Guadalupe
• Santa Barbara Police Chief’s and Sheriff Association Meeting • Santa Barbara Fire Chief’s Association Meeting
• Santa Barbara North County SART (Sexual Assault Response Team) Case Reviews – Represent Guadalupe
• Santa Barbara County CARE Act (Community Assistance, Recovery & Empowerment) Working Group - California Health and Human Services – Represent Guadalupe • OA Mass Care and Shelter Committee – Represent Guadalupe • Elected Leaders Forum to address Homelessness – Represent Guadalupe • California League of Cities as the California Police Chiefs Association Representative - Advancing Equity Advisory Committee.
SPECIAL PROJECTS
Assisted Kiwanis of Guadalupe with “Annual Christmas Parade” Caltrans application
GUADALUPE POLICE DEPARTMENT
MONTHLY ADMINISTRATIVE OPERATIONAL DATA SUMMARY
PART I: CRIMES
TYPE OF CRIMES
REPORTED CLEARED REPORTED CLEARED REPORTED CLEARED REPORTED CLEARED 187 PC HOMICIDE 00000000
261 PC RAPE 22002242
211 PC ROBEBRRY 00002200
242/245 PC ASSAULT 1 1 1 1 33 31 29 26
459 PC BURGLARY 0 0 1 0 9 2 15 6
484/487 PC THEFT 1 0 4 0 19 4 28 1
10851 VC VEH THEFT 0 0 1 0 3 1 20 0
451 PC ARSON 00000000
TOTAL 4 3 7 1 68 42 96 35
PART II: REPORTED CRIMES
REQUEST FOR SERVICE
TOTAL REPORTS TAKEN
TOTAL REQUEST FOR SERVICE
TOTAL ACTIVITY FOR THE MONTH
DOMESTIC VIOLENCE REPORT
TOTAL PROPERTY STOLEN
TOTAL PROPERTY RECOVERED
PART III: ARREST SUMMARY
OFFENCES
ADULTS JUVENILES ADULTS JUVENILES ADULTS JUVENILES ADULTS JUNENILES FELONY 3 0 4 0 33 4 27 1
MISDEMINOR 8 0 8 0 76 0 76 3
TOTAL 11 0 12 0 109 4 103 4
23152(a&b) VC ARREST
WARRANT ARREST
$19.00 $12,029.00 $22,622.00 $52,380.00
$0.00 $0.00 $0.00 $25.00
246 256 2507 2563
1 1 18 155
47 577 642
209 209 1930 1921
NOTE: DUI AND WARRANT DATA ARE INCLUDED IN ABOVE ARREST TOTALS MONTH OF SEPTEMBER 2024
THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE
THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE
THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE 37 16
14 2
0 4
2 11
9 Agenda Item No. 9B
GUADALUPE POLICE DEPARTMENT
MONTHLY ADMINISTRATIVE OPERATIONAL DATA SUMMARY
PART IV: NARCOTIC ACTIVITY
TYPE OF NARCOTICS
REPORTED CLEARED REPORTED CLEARED REPORTED CLEARED REPORTED CLEARED HEROIN 00000000
COCAINE 00000000
METHAMPHETAMINE 00002221
MARIJUANA 11001100
PARAPHERNALIA 00002200
TOTAL 11005521
PART V: SPECIAL DATA
OFFICER ASSULTED
INJURY ON DUTY
ADDITIONAL INFORMATION:
STAFFING: 1 POLICE CHIEF FILLED 1 POLICE LIEUTENANT FILLED
2 POLICE SERGEANTS 1 UNFILLED POSITION
2 AIRPORT POLICE OFFICER FILLED
10 POLICE OFFICERS 4 UNFILLED POSITIONS
3 OFFICE STAFF PERSONNEL 2 FULL TIME FILLED/1 TEMPORARY POSITION FILLED 5 RESERVE POLICE OFFICERS 5 UNFILLED POSITIONS
1 COMMUNITY SERVICE TECHNICIAN FULL TIME POSITION UNFILLED 1 EVIDENCE TECHNIAN 1 UNFILLED POSITION
2 POLICE VOLUNTEERS 2 UNFILLED
COMMENTS:
012
0001
MONTH OF SEPTEMBER 2024
THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE
THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE 0 Rev: 12/01/2022
GUADALUPE FIRE DEPARTMENT
TO: PUBLIC SAFETY DIRECTOR, MICHAEL CASH
FROM: CAPTAIN PATRICK SCHMITZ
SUBJECT: MONTHLY SUMMARY OF CODE ENFORCEMENT CASES
September 1, 2024 – September 30, 2024
DATE: 10/04/2024
CALLS FOR SERVICE September 2024
INCIDENT TYPE This
Month
Last
Month
Year to Date
(2024-2025)
Year to date
(2023-2024)
Medical 35 32 103 100
Structure Fire 0 1 2 0
Cooking Fire 0 0 0 0
Trash or Rubbish Fire 0 1 2 4
Vehicle Fire 2 0 2 1
Grass/Vegetation Fire 1 0 4 2
Other Fire 0 0 1 0
Motor Vehicle Accidents with Injuries 1 0 4 11
Motor Vehicle Accidents No Injuries 1 2 3 6
Motor Vehicle/Pedestrian Accident 0 0 0 4
Hazardous Materials Spill/Release 0 1 2 1
Hazardous Condition Other 3 1 4 5
Water Problem/Leak 0 1 2 1
Animal Problem 0 0 0 1
Search / Rescue 0 0 0 0
Public Assistance 1 1 7 6
Police Matter/Assistance 0 0 3 3
Illegal Burn 0 0 1 0
Smoke/CO Detector Activation 1 4 9 3
Dispatch and Canceled En-route 5 4 10 6
False Alarm 2 1 5 6
TOTAL 52 49 164 160
Additional Information
STAFFING: 1 Public Safety Director (Police/Fire Chief)
3 Fire Captains
2 Fire Engineers 1 Vacant Position
1 Paid-Call Firefighters 5 Vacant Position
Agenda Item No. 9C
Rev: 12/01/2022
GUADALUPE FIRE DEPARTMENT
Special Assignments / Events / Coverage:
- Food Distribution (09/05)
- Funeral Service (John Velasquez) (09/13)
- CARES for PAWS (09/15)
CODE COMPLIANCE CASES ` September 2024
INCIDENT TYPE This
Month
Last
Month
Year to Date
(2024-2025)
Year to date
(2023-2024)
Business License (GMC 5.04.110) 0 0 0 0
Animal Nuisance (Odor, Noise) (GMC 6.04.100 (A, E)) 0 0 0 0 Fowl, Livestock, and Wild Animals (GMC 6.04.210) 0 0 0 0 Residential Solid Waste Collection (GMC 8.08.070) 0 0 0 0 Litter Accumulation (GMC 8.12.020) 3 3 12 10
Burning Garbage Prohibited (GMC 8.12.150) 0 0 0 0
Abatement of Weeds and Rubbish (GMC 8.16.010) 7 8 50 44 Discharge of Illegal Fireworks (GMC 8.24.020) 0 0 0 0
Unlawful Property Nuisance (GMC 8.50.070) 0 0 2 2
Graffiti Abatement (GMC 9.07.060) 0 1 2 0
Parking of Large Vehicles / Trailers (GMC 10.24.190) 0 0 0 0 Abandoned Vehicles (GMC 10.36.010) 0 0 2 1
Portable/fixed basketball goals (GMC 10.48.050) 0 0 0 0 Address Number (GMC 15.08.020 (505.1)) 6 2 15 28
Illegal Garage Conversion 0 0 1 0
Wall, Fence, or Hedge Requirements (GMC 18.52.121) 0 0 2 4 Damage Fence (GMC 18.52.125) 0 0 0 0
Trailers / Mobile Homes as Living Space (GMC 18.56.030) 0 0 0 1 Parking on Front Yard Setback (GMC 18.60.040) 6 2 10 12 Landscape Maintenance Required (GMC 18.64.120) 0 0 3 0
Working Without Permits (GMC15.04.020) 0 0 1 0
Complaints (No Violation Found) 0 0 0 0
Apartment Inspections 83 0 85 0
Yearly Business Inspections 11 9 21 4
Other 0 1 1 8
TOTAL 116 26 207 114
Complaints Received 0 0 2 2
Miscellaneous This
Month
Last
Month
Year to Date
(2024-2025)
Year to date
(2023-2024)
Visitors 10 23 57 139
Public Relations 3 2 6 15
School Station Visits 0 0 3 0
GUADALUPE CODE COMPLIANCE
TO: PUBLIC SAFETY DIRECTOR, MICHAEL CASH
FROM: CODE COMPLIANCE OFFICER, JOSUE MERAZ
SUBJECT: MONTHLY SUMMARY OF CODE ENFORCEMENT CASES
SEPTEMBER 1, 2024 – SEPTEMBER 30, 2024
DATE: 10/01/2024
CODE ENFORCEMENT CASES
INCIDENT TYPE This
Month
Last
Month
Year to Date
(2020-2021)
Parking Prohibited Zoning Clearance Required
(GMC 18.60.040) (D)
0 0 0
Animal Nuisance (Odor, Noise) (GMC 6.04.100 (A,E)) 0 0 2 Fowl, Livestock and Wild Animals (GMC 6.04.210) 0 0 2
Litter Accumulation (GMC 8.12.020) 2 2 8
Abatement of Weeds and Rubbish (GMC 8.16.010) 0 0 20
Unsafe Buildings-Collecting Rent for (GMC 8.40.030) 0 0 1 Unlawful Property Nuisance (GMC 8.50.070) 0 2 8
Graffiti Abatement (GMC 9.07.060) 0 0 0
Abandoned Vehicles/ Vehicle Covers (GMC 10.36.010) 17 16 60 Portable/fixed basketball goals (GMC 10.48.050) 0 0 2
Parking of large vehicles/trailers (GMC 10.24.190) 0 0 2 Wall,Fence,or Hedge Requirements (GMC 18.52.121) 0 0 3
Working Without Permits (GMC15.04.020) 0 1 3
Address Number (GMC 15.08.020 (505.1)) 1 4 9
Tampering with water service (GMC 13.04.200) 0 0 1
Damage Fence (GMC 18.52.125) 0 0 0
Parking on Front Yard Setback (GMC 18.60.035) 2 0 4
Trailers/Mobile homes as living space (GMC 18.56.030) 0 0 0 Grease trap General Regulations (GMC 13.14.050) 0 0 2
Landscape Maintenance Required (GMC 18.64.120) 0 4 6
Discharge of illegal fireworks (GMC 8.24.020) 0 0 15
72hr Parking 0 0 3
Code 60 Citations 0 0 2
TOTAL 22 29 153
Complaints Received 5 2 35
Miscellaneous This
Month
Last
Month
Year to Date
(2020-2021)
Visitors 0 0 0
Public Relations (Food distribution, Covid Vaccination) 1 1 8 School Visits () 0 0 0
Agenda Item No. 9D
Agenda Item No. 10
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda October 22, 2024
_______________________________ _________________________________ Prepared by: Approved by:
Janice Davis, Finance Director Todd Bodem, City Administrator SUBJECT: ARPA Allocation of Funds
RECOMMENDATION:
It is recommended that the City Council review requested changes to the American Rescue Plan Act (ARPA) allocation previously approved at the June 11, 2024, Council meeting.
BACKGROUND:
City Council adopted the FY2024-2025 Budget during City Council meeting held on June 11, 2024, where the proposed American Rescue Plan Act (ARPA) allocation of funds were also reviewed and approved with the budget.
Resolution No. 2024-38, Sections 4 and 6, provide:
“SECTION 4. The Fiscal Year 2024-2025 American Rescue Plan Act Allocation … is approved;” * * *
“SECTION 6. The City Administrator, or his delegee, is authorized to take all necessary actions to implement the provisions of said budget, capital improvement projects, and capital facilities fund program of projects as adopted on this date, including future adjustments for unanticipated expenditures offset by revenues, and transfers of budget amounts within a fund”
See Resolution No. 2024-38, attached hereto. (Attachment 2).
DISCUSSION:
City staff has met regarding the City Hall roof repair and other projects on the list that require an extensive architectural design, RFP, or contractual bid documentation as the ARPA funds need to be obligated by December 31, 2024. Any funds that remain unobligated after the December 2024 deadline must be returned to the U.S. Department of Treasury. This item is to advise of the recommended category changes removing the roof and wall repair and reassigning to various categories listed on page 2 of Attachment 1.
Janice Davis
FISCAL IMPACT:
None.
ATTACHMENTS:
1. Proposed Fiscal Year 2024-2025 American Rescue Plan Act Allocation Draft
2. Resolution No. 2024-38
APRA
1 2
3 4
5 8
9 12
16 17
21 26
28 29
30 31
32 34
35 36
37 38
45 46
47 48
A B C D E F G H I J K L M
ARPA Summary - Draft Capital Facilities -Fund 76
ACTUAL ACTUAL ACTUAL ACTUAL
Departments Description Council Approved FY21-22 FY22-23 FY23-24 Roof Repair FY24-25 REMAINING Notes revenue General Fund loss of revenue $ 200,456 $ 30,000.00 99,031.00 - 71,425.17 - 71,425.17 revenue-4130 Planning General Plan Environmental impact review $ 46,074 $ - 18,832.09 - 27,241.71 - 27,241.71 Roof and Wall repair revenue Cyber Sec Upgrades IT $ 75,000 $ 26,220.00 766.69 - 48,013.31 - 48,013.31 Roof and Wall repair Payroll Report Parks & Recs Rec Manager $ 168,865 $ 39,749.43 90,028.66 8,672.49 30,414.62 - 30,414.62 Roof and Wall repair 01-4300-1550 Parks & Recs Recreational Programs $ 20,000 $ 876.18 3,790.98 12,551.19 165.39 165.39 (0.00) Moved 2,616.26 to overspend on tables and chairs CIP-4130 (89) Planning Planning Software $ 73,000 $ - - 31,211.27 41,788.73 - 41,788.73 Use for Tyler Planning implementation 01-4140-2151 Admin Adobe $ 18,208 $ 10,589.21 - 4,857.84 2,760.67 - 2,760.67 01-4140-2151 Bldg Maint. Spanish/Mixteco Interpreting Services $ 7,500 $ - - - 7,500.00 - 7,500.00 add back per council 7/11 01-4140-1550 Admin Surface Pro 7 w/Keyboard $ 19,682 $ - 2,033.18 13,353.29 3,841.25 - 3,841.25 Moved 453.88 to cover overspend in Website Event Manag CIP (89) Bldg Maint. City hall roof repairs $ 266,000 $ - 27,325.00 14,400.00 224,275.00 1,505.00 222,770.00 Roof and Wall repair CIP (89) Parks & Recs Leroy Park Parking Lot $ 165,000 $ - - 1,150.00 163,850.00 - 163,850.00 ??? Might be Free to use depending on FEMA mitigation CIP (89) Parks & Recs O'Connell Park gate $ 10,000 $ - - - 10,000.00 - 10,000.00 Roof and Wall repair CIP (89) Parks & Recs O'connell irrigation renovation $ 54,000 $ - - 2,184.20 51,815.80 - 51,815.80 Roof and Wall repair CIP 89-4444-3075 PD Generator (1)/Emergency declaration - electrical issues $ 50,000 $ - - 3,000.00 36,698.35 - 36,698.35 $47000 for Electrical moved 10,301.65 to cover overspend / $3000 for PD C-Train 01-4145-1550 Bldg Maint. PW Conference Room Upgrades $ 18,000 $ 4,331.43 11,618.92 650.10 1,399.55 - 1,399.55 Wastewater surface pro $1123.67 01-4120-1550 Finance Finance Office Upgrades $ - $ - 519.82 11,406.25 - - - Floor repair/refinish in Finance Office 71-4454-2150 Streets Vegetation Maintenance $ 50,000 $ 19,124.00 17,960.00 - 12,916.00 - 12,916.00 Roof and Wall repair Payroll Report Bldg Maint. Maintenance Lead $ 85,500 $ - 7,713.63 6,673.43 58,553.53 - 58,553.53 Moved $11,926.07 to cover floor repair Finance & 633.34 City Hall Painting CIP (89) Bldg Maint. Library Relocation $ 30,000 $ - - - 30,000.00 - 30,000.00 Roof and Wall repair $ 1,781,281 $ 341,326.75 433,231.19 184,064.26 329,429.11 493,229.97 1,670.39 820,988.69 Total ARPA awarded $ 1,860,000
Remaining to allocate $ 78,719 Remaining to allocate $ 78,719 899,707.41
FY24-25 Budget
822,659.08
ATTACHMENT 1
FY21-22 FY24-25 FY24-25 Budget
Description Council Approved REMAINING Notes
General Fund loss of revenue $ 200,456 71,425.17
General Plan Environmental impact review $ 46,074 27,241.71 Roof and Wall repair Cyber Sec Upgrades IT $ 75,000 48,013.31 Roof and Wall repair Rec Manager $ 168,865 30,414.62 Roof and Wall repair
Planning Software $ 73,000 41,788.73 Use for Tyler Planning implementation Adobe $ 18,208 2,760.67
Spanish/Mixteco Interpreting Services $ 7,500 7,500.00 add back per council 7/11 Surface Pro 7 w/Keyboard $ 19,682 3,841.25 Moved 453.88 to cover overspend in Website Event Manag City hall roof repairs $ 266,000 222,770.00 Roof and Wall repair Leroy Park Parking Lot $ 165,000 163,850.00 ??? Might be Free to use depending on FEMA mitigation O'Connell Park gate $ 10,000 10,000.00 Roof and Wall repair O'connell irrigation renovation $ 54,000 51,815.80 Roof and Wall repair Generator (1)/Emergency declaration - electrical issues $ 50,000 36,698.35 $47000 for Electrical moved 10,301.65 to cover overspend / $3000 for PD C-Train PW Conference Room Upgrades $ 18,000 1,399.55 Wastewater surface pro $1123.67 Finance Office Upgrades $ - - Floor repair/refinish in Finance Office Vegetation Maintenance $ 50,000 12,916.00 Roof and Wall repair Maintenance Lead $ 85,500 58,553.53 Moved $11,926.07 to cover floor repair Finance & 633.34 City Hall Painting Library Relocation $ 30,000 30,000.00 Roof and Wall repair 1,670.39 $ 1,781,281 820,988.69
Total ARPA awarded $ 1,860,000
Remaining to allocate $ 78,719 $ 78,719
899,707.41
New Obligated Description
Already part of list $ 71,425 General Fund loss of revenue Already part of list $ 41,789 Planning Software Tyler
Already part of list $ 7,500 Spanish/Mixteco Interpreting System Already part of list $ 163,850 Leroy Park Parking Lot
$ 20,000 Mower P&R
$ 3,875 Heated Power Washer
$ 49,500 Sewer Serice Line (Men's & Fire side)
$ 9,835 Waterline Replacement at City Hall
$ 49,500 Irrigation O'Connell Park
$ 6,000 Irrigate Tree Line O'Connell Park
$ 80,000 Utility Truck (Building Maintenance)
$ 15,000 Gator
$ 6,000 Picnic Tables O'Connell Park
$ 5,000 (2) Generators (Building Maintenance)
$ 5,000 Flood Lights
$ 5,000 Paving City Hall Basketball Count (In Back)
$ 30,000 Bill Gaines Audio/Video System for Council Chambers $ 7,500 Spanish/Mixteco Interpreting System
$ 15,000 Pave/Cement Senior Center curb area
$ 16,000 Slurry Seal O'Connell Park
$ 16,000 Slurry Seal Vets Hall
$ 16,000 Slurry Seal Senior Center
$ 16,000 Slurry Seal Court yard
$ 49,500 Basketball Rim Lift
$ 60,000 Utility Trailer
$ 3,000 Scissor Lift
$ 7,000 Aerater
$ 4,000 Auger
$ 3,000 Twenty (20) 6’ tables and 30 chairs - City Hall Auditorium/Gym $ 1,500 Fifteen (15) 6’ tables -Senior Center
$ 10,000 Plotter PW
$ 5,000 Computer (Engineering compatible)
$ 2,000 PW Window
$ 1,000 Desk PW (Day)
$ 6,000 PW Floor
$ 807,774
91,933.51 Remaining
ATTACHMENT 2
Agenda Item No. 11
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of October 22, 2024
Annis Barajas __________________________________
Prepared by: Annis Barajas Approved by:
Recreation Services Manager Todd Bodem, City Administrator SUBJECT: Amendment to the Fee Waiver Policy
RECOMMENDATION:
Staff recommends that the City Council approve an amendment to the Fee Waiver Policy to exempt rentals that have a total cost under $650.00 from having to be approved by the City Council.
BACKGROUND:
At the City Council meeting on October 8, 2024, during the fee waiver request of Allan Hancock College Board of Trustees to use the Senior Center for one of its meetings, City Administrator Todd Bodem brought up the idea of amending the existing City Council approved Fee Waiver Policy to exempt rentals under a specific amount from having to have a fee waiver request approved by the City Council. There appeared to be a consensus of the City Council for such an exemption.
DISCUSSION:
The proposed exemption from the Fee Waiver Policy would apply when the total rental cost is under a total amount of $650. The exemption would only relieve the party requesting the fee waiver from having to request the Council’s approval. The same provisions and guidelines authorizing fee waivers would still apply, but the City Administrator or designee could grant the fee waiver in such cases. The reasoning behind the proposed amendment is that the staff costs and time to go through the fee waiver policy process exceeds the total rental cost being waived by two or three times. It is inefficient and more costly to the city when every fee waiver must be presented to the City Council as required by the Fee Waiver Policy. The City Council would still need to approve fee waiver requests when the total cost of the rental would equal or exceed $650.
ATTACHMENTS:
1. Fee Waiver Policy with Amendment
1 FACILITY FEE WAIVER POLICY
Facility fees charged for the use of City facilities may be waived by the City of Guadalupe in certain limited cases. Any applicant requesting such a waiver must submit the appropriate documents demonstrating that the applicant or intended use fall within the following categories:
• Governmental agencies including, but not limited to other municipalities, County agencies, or special districts.
• Non-profit organizations, including 501(c)(3) and/or 501 (c)(4) organizations, located in Guadalupe or those who serve the Guadalupe community.
• Guadalupe organizations directly benefitting the Guadalupe community, such as a community group without non-profit status.
Any applicant requesting consideration of their waiver must do the following:
1. Submit a letter (or email) to the City of Guadalupe Recreation and Parks Department stating the reason(s) for the requested facility fee waiver. The letter (or email) must be from an authorized representative or the agency or organization.
2. Submit a Facility Use Application form for the specific City facility for which the fee waiver is being requested.
3. Submit certification of the applicant’s 501(c)(3) or 501(c)4 status, non-profit organization documents, or any other applicable documents.
4. Submit a copy of the organization's mission statement, if any.
5. Submit the full security deposit for the event, including hourly fees. If the fee waiver is approved, the waived hourly fees will be refunded after the event, provided that if there is any damage or if there is inadequate clean-up after the event requiring the City to incur costs to repair the damage or finish cleaning up, these costs will be offset from the pre-paid hourly fees.
6. If approved, submit a copy of insurance naming the City of Guadalupe as the Certificate Holder and an Endorsement stating," The City of Guadalupe, its officers, officials, agents, and volunteers are to be covered as additionally insured."
Facility fee waivers that exceed $650 will be presented to the City Council for a recommendation to approve or deny the fee waiver request. The City Council will use the criteria listed on the next page of this Policy in making its decision. The decision of the City Council will be final.
If the total costs of the rental are $650.00 or below, the City Administrator or designee may waive the hourly fees as long as the criteria in this fee waiver policy has been met by the requesting party.
In all cases, certain expenses incurred by the City, including but not limited to, the cost of a building attendant or the cost for utilities, may not be waived. The only fees that can be waived are the hourly rental fees.
ATTACHMENT 1
2 FACILITY FEE WAIVER CRITERIA
In reviewing a fee waiver request, if a fee is to be waived, the following criteria should be considered:
1. The organization must show proof of valid 501(c)(3), 501(c)(4), or other nonprofit status. If the organization, is not a nonprofit, then it must be a community service organization serving the City of Guadalupe and benefitting the residents of Guadalupe.
2. If applicable, the organization must submit their policy showing that they do not deny participants/players due to their inability to pay registration or participation fees.
3. Whether the proposed fee waiver: will have any significant impacts on the facilities or Recreation and Parks Department activities, and if so: (1) whether the applicant will provide volunteer services and materials to mitigate any impacts created by the event or program, or the impacts are adequately offset by the public benefit provided by the program or event. If the applicant offers to provide volunteer services to offset any impacts of the event, such volunteer services are subject to approval of the Recreation and Parks Department which may require the use of a City building attendant (e.g., for an event where alcohol is served).
4. A Certificate of General Liability Insurance must be submitted 30 days prior to the event in an amount no less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, and endorsed to provide that "the City of Guadalupe and its officers, officials, employees, agents, and volunteers shall be additional names insureds" under such policies with coverage at least as broad as ISO form CG 2010 or CG 20 26.
5. Scheduling and use of facilities and events are subject to availability of requested facilities and do not have preference over City programs and activities or previous commitments to outside parties.
6. Reasonable steps must be made by the permittee to minimize impacts to the City of Guadalupe facilities, programs, and residents.
7. Within thirty (30) days of completion of the event for which a fee waiver was given, for future consideration of fee waivers, the permittee should provide a written report to the Recreation and Parks Department, to include at a minimum; number of participants; event revenue and expenses; and if any benefit to the City. After receiving this information from the permittee, the Recreation and Parks Department staff shall provide a written update to the City Council reporting on the event and will include the pros and cons of the event for future reference for any necessary improvements for facility use.
8. Failure to abide by the rules and procedures as set forth in this document may result in the respective permittee being denied for future fee waiver requests.