Agenda Item No. 8F
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of January 13, 2026
_______________________________
Prepared by:
David Trujillo, Interim City Administrator
SUBJECT: Approval of Standardized Partner Agreement with Santa Barbara County Animal Care Foundation for Community Microchip Scanning Station Program RECOMMENDATION:
It is recommended that the City Council Approve the Standardized Partner Agreement between the Santa Barbara County Animal Care Foundation (SBCACF) and the City of Guadalupe for participation in the Community Microchip Scanning Station Program; and authorize the City Administrator, or designee, to execute the agreement and any related documents.
BACKGROUND:
Santa Barbara County Animal Care Foundation (SBCACF) is implementing a countywide Community Microchip Scanning Station Program to improve pet reunification efforts and expand access to microchip technology. As part of the program, SBCACF provides microchip scanners and standardized educational materials for placement at trusted community partner locations.
The City of Guadalupe has been identified as an ideal host site to support local efforts in reuniting lost pets with their owners. Participation in this program aligns with County-wide animal welfare strategies and enhances local public service offerings without increasing City operational costs.
DISCUSSION:
The proposed partnership establishes a consistent framework for placement, maintenance, and public access to a County-owned microchip scanning station. Key agreement components include:
SBCACF Responsibilities
• Provide microchip scanner equipment and signage for public use. • Repair or replace defective equipment as needed.
• Provide educational materials and program guidance.
City Responsibilities
• Make the scanner accessible to the public and/or designated staff.
• Display County-provided signage and informational materials. • Notify SBCACF immediately if equipment is lost, damaged, or stolen. • Complete an annual verification to confirm equipment location and condition.
Equipment Ownership & Conditions
• All equipment remains the property of Santa Barbara County. • Equipment may not be modified, relocated, or transferred without written authorization. • Both parties agree to hold each other harmless to the extent allowed by law.
Term of Agreement
The agreement remains effective unless modified or terminated by either party with 30 days’ written notice. All equipment must be returned within 10 business days if the agreement is terminated.
The program provides a valuable public service at no cost to the City and supports regional animal care and public safety goals. Staff has reviewed the agreement and finds it consistent with City operational capabilities.
FISCAL IMPACT:
There is no fiscal impact to the City of Guadalupe. Equipment, materials, repair, and replacement are fully provided by SBCACF.
ALTERNATIVES:
1. Do not approve the agreement.
o This option would prevent the City from hosting a public microchip scanning station and reduce local access to pet reunification tools.
2. Provide direction to staff for modifications.
o SBCACF may need to review or approve any proposed revisions.
CONCLUSION:
Approval of this agreement strengthens community partnerships and enhances access to animal care resources within the City. Staff recommends approval as presented.
ATTACHMENTS:
1. Standardized Partner Agreement – SBCACF Community Microchip Scanning Station Program Santa Barbara County Animal Care Foundation
PO Box 307, Santa Maria, CA. 93456 805-260-2386
Standardized Partner Agreement and Implementation Checklist Community Microchip Scanning Station Program
Purpose
This document establishes a consistent framework for partnership between Santa Barbara County Animal Care Foundation (SBCACF), and external agencies, organizations, or facilities hosting Countyowned microchip scanning stations or similar shared-use community assets.
Section 1- Partner Agreement
This Agreement is made between Santa Barbara County Animal Care Foundation (SBCACF), and the ______________________________________ (Partner), hereafter referred to as “the Partner”.
1. Purpose and Scope
SBCACF agrees to provide and maintain a microchip scanning station for public use at the Partner’s facility located at __________________________________________________________________.
2. Responsibilities
SBCACF and/or SBCAS will:
• Provide the scanner, and signage.
• Replace or repair defective equipment as needed.
The Partner will:
• Ensure scanner accessibility to the public and/or staff. • Notify SBCAS and/or SBCACF immediately if the scanner is damaged, lost, or stolen. • Display County-provided signage and use provided educational materials. • Complete an annual verification confirming equipment location and condition.
3. Liability and Risk Management
• The scanner remains the property of Santa Barbara County. • The Partner agrees not to modify, relocate, or transfer the equipment without written consent. • All parties agree to hold each other harmless to the extent allowed by law.
4. Term and Termination
This agreement remains in effect until termination by either party with 30 days’ written notice. If terminated, the Partner agrees to return all County-owned property within 10 business days.
5. Authorized Signatures
Partner Representative:__________________________________ Date: _______________ Title: _________________________________________________ SBCACF Representative:__________________________________ Date: _______________ Title: _________________________________________________ City of Guadalupe
City Hall 918 Obispo St; Veterans Hall 1005 Guadalupe St Interim City Administrator
ATTACHMENT 1
Agenda Item No. 8G
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of January 13, 2026
_______________________________ _________________________________ Prepared by: Approved by:
Philip F. Sinco, City Attorney David Trujillo, Interim City Administrator SUBJECT: Approval of need for continuing emergency regarding Supervisory Control and Data Acquisition (SCADA) system.
RECOMMENDATION:
That the City Council review the need to continue the emergency related to the partial failure of the City of Guadalupe’s Supervisory Control and Data Acquisition (SCADA) system approved by the City Council when it adopted Resolution No. 2025-53, and by motion and at least a 4/5 vote, approve the continuation of the existence of a public facilities emergency pursuant to Guadalupe Municipal Code section 4.04.030.F. and California Public Contracts Code section 22035.
BACKGROUND:
The City Council adopted Resolution No. 2025-53 at its meeting held on September 23, 2025. This resolution found that the partial failure of the City’s SCADA system constituted an emergency pursuant to City of Guadalupe Municipal Code Section 4.05.030.F. and California Public Contract Code Section 22035, which sections allow the City to proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets or working details, or giving notice for bids to let contracts, and pursuant to California Public Contract Code Section 22050(a)(2), that the emergency did not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency.
The City Council has subsequently approved the need for the continuance of the emergency at each of its meetings since it adopted Resolution No. 2025-53.
DISCUSSION:
Pursuant to California Public Contracts Code section 22050(c)(3), the City Council is required to review the emergency action at its next regularly scheduled meeting after finding that an emergency exists, and also, at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action.
Staff believes that the emergency still exists since the SCADA system could experience a complete failure at any time. While the agreement between the City and Nviro, the contractor selected by staff to perform the necessary work on the SCADA system, has been entered into and the work has commenced, Philip F. Sinco
there is still a continuing emergency situation, and therefore, staff recommends that the Council approve the continuation of the existence of a public facilities emergency pursuant to Guadalupe Municipal Code section 4.04.030.F. and California Public Contracts Code section 22035 by a 4/5ths vote.
FISCAL IMPACT:
There is no additional costs related to the requested action to continue the need for the emergency proclamation.
The total cost of the SCADA project is estimated at $209,779. Funding is available through existing Enterprise Fund reserves, and potential CIP fall out funds. This project will not impact the City’s General Fund.
Long-term savings from reduced labor, compliance efficiencies, and extended equipment life are expected to offset the investment over time.
ATTACHMENTS:
None.
1 Development
New less aggressive speed bumps ordered 1 installed prior to Christmas Crosswalk pedestrian crossing for HWY1/166 being installed General
Special projects
Public Works staff worked on several special projects requested by others along with normal tasks in the month of December including:
• Engineering Technician project planning continued with Dudek(consultant) on Urban Forestry Management Plan
• Interviews for Finance Director
• Began planning for restroom/office remodel on PD side. • Engineering Technician Passed Arborist Exam.
The Public Works Director participated in the following meetings in December:
NVIRO- WTP (SCADA)
ITech - SCADA
Dudek – Urban Forestry Management Program
Ravatt - Architect for City Hall
Enterprise – Fleet Solutions
SEIU – Meet and confer
3CE – Final fleet deliverables
CalTrans – Hwy 166
Townsend – Grant opportunities
PG&E – 303 Obispo
JF Will – Amtrak
Precon – Royal Theatre
SW Construction – Las Mujeres Park
Public Works Department
December 2025
Agenda Item No. 9B
2 Parks/Facilities
Pest Control PD
Leak control City Hall Women’s RR
Repair Hot Water Heater PD
Parade operations
Streets
Parade operations
Installed Temp Bus Stop at Amtrak
Replaced one speed bump in Pasadera
Weed abatement
Weed abatement
Pedestrian Crosswalk at Hwy166/Hwy 1
Storm Drain clearing
Transit
Working with SMVRR to remove caboose at Amtrak – pending scheduling Working with A-Z Bus/SMRT to transfer titles
Water
Repairs
SCADA Contractor is currently doing programing
Internet ran awaiting ITech for computer
Fire Hydrant maintenance - painting
Installed hydrant meter for Royal Theatre/Amtrak
Installed water meter housing
82 Customer Service Calls
State Water
State Water normal
Wastewater
Manhole inspections
Pioneer Lift Station flow monitor installed
FOG removal all Lift Station wet wells
Biolac
Getting good settling and blanket height
Attachment 1 - City Engineer's report for December 2025 4875 El Camino Real • Atascadero, CA 93422 • Phone: 805-470-1910 • eikhofdesigngroup.com City Engineer Report
December 2025
The following is a list of projects in various construction, design, or planning stages. • Various Caltrans Projects – The City Engineer has been working with Caltrans on their ADA Improvement Project and the Flower Street boring project for the waterline connection to Pasadera. • Amtrak Station Improvements (Transit Hub) – Some construction activities have occurred on the site. The City is working closely with SMVRR to remove the caboose from the site before construction can start.
• Central Park Renovation Project—The preconstruction meeting was held on December 2, 2025. The project manager and City Engineer have been working with the contractor and the construction management firm to prepare for construction. It is anticipated that work will begin in January. A groundbreaking ceremony will be held in January.
• Leroy Park Phase II Improvements—The USDA has received all the required documentation, and the project is being reviewed. Once the USDA completes the document review, we anticipate receiving approval to start the bidding process.
• 303 Obispo Street Site Improvements—The project manager and construction management team have been working with the Contractor in preparation for the start of construction. Construction is scheduled to begin on January 14, 2026.
• 11th Street Multi-Use Path – Design is ongoing for the 11th Street Multi-Use Path from Gularte to Mary Buren School.
• Highway 1 and Pioneer Lift Stations—The Highway 1 Lift Station is under construction. Work has been proceeding per the plans and specifications.
The Pioneer Lift Station contractor has submitted various materials and equipment submittals for review. Construction is anticipated to start in January 2026. • 2025 Pavement Improvements—Design work is ongoing on the 2025 Pavement Improvement Project. Depending on available funding, the project will include Obispo Street from Main Street to Ninth Street, and West Main from Guadalupe Street to Julia Drive. • City Hall Repairs Project—The design firm made a presentation to City staff on December 10, 2025.
A presentation is being prepared for the January 27, 2026, City Council meeting. • Royal Theater – The abatement work on the theater has commenced and the construction office set up on site.
ATTACHMENT 1
• Measure A (Miscellaneous) – The City Engineer attended the monthly TTAC meeting for SBCAG. • Wastewater – The Wastewater Master Plan Update is under development. • Jr. High Sidewalk Project – Plans have been prepared for the Jr. High Sidewalk Project. The bid package will be sent to contractors in January 2026 for construction during a non-school period.
Development
The following developments require engineering review/oversight and are in various phases. • Pasadera – Construction on the southerly lots has commenced. The City Engineer has met with Bethel Engineering and Caltrans regarding boring under Highway 166 for the installation of a 12- inch water main at Flower Street.
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: Bill Scott, Associate Planner
Date: January 7, 2026
RE: Planning Applications for the Month of December 2025
MINISTERIAL PROJECTS
Zoning Clearances Submitted 7
Zoning Clearances Approved 7
ADUs approved 6
Zoning Clearances Denied 0
Business Licenses Submitted 0
Short-term Rentals Submitted 0
DISCRETIONARY PROJECTS
Please refer to the next page for discretionary projects, maps, other projects of interest and their current status.
If you have any questions regarding any projects listed in this report, please contact me at [email protected] (805) 356-3904.
Agenda Item No. 9C
Ministerial Projects Report - for the month of December 2025 (December 1 through December 31, 2025)
New Zoning Clearance Applications Submitted
2025-038-ZC 2nd Review-House and ADU N/s of 5th St., W/of Tognazzini 2025-051-ZC Attached ADU 236 Point Sal Dunes Way
2025-052-ZC Attached ADU 145 Nelson Drive
2025-054-ZC Detached ADU 553 Tognazzini Ave.
2025-055-ZC Garage Conversion to JADU 4537 Del Mar Lane 2025-056-ZC Detached ADU and JADU 410 Campodonico
2025-057-ZC Front Yard Paving 4445 Amber Street
Zoning Clearance Applications Approved
2025-050-ZC Guadalupe Tri-Plex and ADU 4581 Tenth street. 2025-051-ZC Attached ADU 236 Point Sal Dunes Way
2025-052-ZC Attached ADU 145 Nelson Drive
2025-054-ZC Detached ADU 553 Tognazzini Ave.
2025-055-ZC Garage Conversion to JADU 4537 Del Mar Lane 2025-056-ZC Detached ADU and JADU 410 Campodonico
2025-057-ZC Front Yard Paving 4445 Amber Street
Zoning Clearances Denied
None.
Business Licenses Submitted
None.
Business License Approvals
None.
GUADALUPE CITY PLANNING DEPARTMENT
DISCRETIONARY PROJECTS AND MAPS - ACTIVE DURING THE MONTH OF DECEMBER 2025 Case No. Name/Permit
Type/Location
Submittal
Date
Application
Deemed
Comp. Date
Project Status OK for
Bldg.
Permit
Issuance
2025-058-DR Design Review Permit for
Pan American Seed
Company
400 Obispo Street
12/30/2025 __ Design Review to allow approx. 34,000 square feet of additional greenhouse space for Pan
American Seed Company.
NO
2025-053-TPM Ernest Ruedas Tentative
Parcel Map
868 Guadalupe Street
12/16/2025 __ Tentative Parcel Map on 0.87- acres, between Guadalupe Street and Olivera Street, to
reconfigure four lots to:
1) Align the ownership of the resulting lots
with the existing retail ownership space for
the businesses at 868 Guadalupe Street;
and
2) Establish two separate ownerships for the
resulting parcels.
N/A
2025-049-Pre-App Juan La Torre
Peralta Street
868 Guadalupe Street
11/24/2025 __ Pre-Application request to:
• Establish horse stables and a workshop on
property in the OS (Open Space) zoning
district.
• January 13 CC presentation.
NO
2025-048-AP Maria Quintanilla Appeal
239 Campodonico
11/18/2025 __ Appeal of Planning Department decision to deny two separate zoning clearance applications to:
• Convert a detached garage into Junior
ADU; and
• Denial of a second request to construct an
addition that violated zoning setback
standards.
• Staff has recently been discussing
possible alternatives with the appellant.
• Scheduled for the January 13, CC hearing.
NO
2025-035-LM Guadalupe Alvarez, et.al
*(Voluntary Lot Merger)
861 Guadalupe St.
8/11/2025 __ Voluntary Lot Merger to combine two parcels into one lot:
• Approved final version of merger sent to
applicant for signature and notarization.
N/A
2025-008-SP/RZ DJ Farms Specific Plan
Amendment and Rezone
Lot 3 in Pasadera South
on the east side of
Highway 1, 3,000 feet
south of Highway 166
2/21/2025 __ Specific Plan Amendment and Zone Change to:
1) Modify the 27.2-acre Lot 3 in the south
portion of DJ Farms to allow smaller 5,000
square-foot lots instead of 6,000 square
foot lots; and
2) Amend the City’s Official Zoning Map from
the R-1 (6,000) zoning district to the R-1
(5,000) zoning district on the 27.2-acre site
identified as Lot 3 in Pasadera South.
• Incomplete Application letter sent on
3/21/2025.
• Project placed on temporary on hold by
applicant.
• Staff is awaiting materials necessary to
proceed.
N/A
2025-008-TTM
(TRACT 29,072)
Lot 3 Pasadera South
(Tentative Tract Map)
E/Side of Hwy. 1, 3,000
feet south of Hwy. 166
2/21/2025 __ Tentative Tract Map to allow 130 5,000 squarefoot residential lots and one open space lot on a
27.2-acre site in Pasadera South.
• Incomplete Application Letter sent on
3/21/2025.
• Project is temporarily on hold by applicant.
• Staff is awaiting required materials to
proceed.
NO
2023-021-LLA 151 Obispo Street
*(Lot Line Adjustment)
03/30/23 02/05/24 • LLA was approved by Planning in 2024. • Awaiting final approval and map
recordation by the County Surveyor.
N/A
2022-016-GPZ
2022-017-DR
2022-018-VTTM
Snowy Plover
(General Plan Change,
Tentative Tract Map and
Design Review)
03/10/22 Application
Incomplete
04/09/22
General Plan Change; Rezone; Tract Map and
Design Review to allow:
• Twenty homes on 8,000 SF lots and multifamily development.
NO
• Soils stability report submitted on 1/6/2026
and is under review by City Engineer and
City Planning.
Food Truck
Ordinance
Zoning Text Amendment
to better regulate food
trucks (Citywide)
11/15/2025 __ Zoning Text Amendment to better regulate the locating, operations, safety and storage of food
trucks in the city.
• First reading of ordinance anticipated for
January 27, 2026
N/A
ADU Zoning
Ordinance
Amendment
Amendments to Chapter
GMC 52 pertaining to
Accessory Dwelling Units
(Citywide)
11/15/2025 __ • Updates to reflect recent state law
pertaining to ADUs.
• Second reading of Ordinance set for
January 13, 2026.
N/A
Climate Action
Plan
Regional Climate Action
Plan.
(Citywide)
6/1/2025 __ • First Community Workshop and public
survey were held in June another
workshop presented to CC in November.
• City staff has revised and commented on a
draft “Summary of Survey” dated
12/31/2025
N/A
Zoning Ordinance
Amendments
Updates to various
sections of Title 18
(Zoning) of the Guadalupe
Municipal Code.
(Citywide)
9/15/2025 __ 1) Section 18.72 and 18.73 – update to
include CEQA review for new
development.
2) Update to clarify procedure for appeals
and improve accuracy; and
3) Various text changes to clarify certain
zoning provisions (e.g. building height,
accessory structures, noise, home
businesses, landscape, etc.).
• Projected completion date of first quarter
2026.
N/A
CEQA Process
Manual
Develop a CEQA
Procedure Manuel.
(Citywide)
9/15/025 __ Establish a set of procedures for obtaining environmental clearance and processing
CEQA documents in association with new
and re-development projects.
• Projected completion date of first quarter
2026.
N/A
Subdivision
Ordinance
Amendment
Updates to Title 17 of the
Guadalupe Municipal
Code (Subdivisions).
9/15/2025 __ Amendments to the City’s Subdivision Ordinance to:
1) Reflect current state law (Govt. Code
66410 – 66499) pertaining to subdivisions
and maps; and
2) Update to definitions and procedures to
reflect current subdivision review practices.
• Projected completion date of first quarter
2026.
N/A
Downtown Design
Guidelines and
Revitalization
Strategy
Design Guidelines and
Revitalization Strategy as
envisioned by General
Program No. CD-1.1.1
and Community Action
Plan Action Number 3.1.
11/1/2025 --- 1) Initial concept for the plan was Introduced to GBA on 11/3/2025.
2) Planning staff is collecting background
data and preparing a work schedule.
• Anticipate first public workshop in early
2026.
N/A
*For status information only – Certain types of Maps (e.g., Lot Mergers, Lot Line Adjustments and SB-9 lot Splits) are ministerial and do not require a public hearing or discretionary approval.
1 TRAFFIC INCIDENTS
Obispo + Main – Guadalupe + Main
2023 - 2025
2023 Traffic Incidents
Month Location Time Incident Type Details/Notes
JAN Obispo + Main AM Accident (11-82) No Injuries / No
Report
Obispo + Main PM Accident (11-82) No Injury / No Report Obispo + Main PM Reckless Driving
(23103) Not Located
Obispo + Main PM Reckless Driving
(23103) Not Located
Guadalupe +
Main AM Traffic Stop Ticket Issued
iiiiiiiiii iiiiiiiiiiiiiiiiiiii iiiiiiiiii iiiiiiiiiiiiiiiiiiii iiiiiiiiiiiiiiiiiiiiiiiiiiiiii FEB Guadalupe +
Main PM Roadway Hazard Assisted Motorist
iiiiiiiiii iiiiiiiii iiiiiiiiii i iiiiiiiiii iiiiiiiii iiiiiiiiii i iiiiiiiiiiiiiiiiiiiiiiiiiiiiii MAR Obispo + Main AM Accident (11-83) Unknown Injury / No Report
Obispo + Main PM Accident (11-82) Non-Injury / No Report Obispo + Main PM Traffic Stop Ticket Issued
Obispo + Main PM Accident 11-81 Minor Injury / Report / Citation
Agenda Item No. 10A
2 Month Location Time Incident Type Details/Notes
Guadalupe +
Main PM Drunk Driver Not Located
Guadalupe +
Main PM Reckless Driving(23103) Not Located
Guadalupe +
Main PM Drunk Driver Arrest
iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiii iiiiiiiiiii i iiiiiiiiii iiiiiiiiiii i APR Obispo + Main PM Drunk Driver Not Located
Obispo + Main AM Traffic Stop Ticket Issued
Guadalupe +
Main AM Traffic Stop Ticket Issued
Guadalupe +
Main PM Traffic Stop Ticket Issued
iiiiiiiiiii iiiiiiiiii iiiiiiiiiii i iiiiiiiiiii iiiiiiiii iiiiiiiiiii ii iiiiiiiiii iiiiiiiiiii i MAY Obispo + Main PM Traffic Stop Ticket Issued
Obispo + Main AM Traffic Stop Ticket Issued
Obispo + Main AM Traffic Stop Ticket Issued
Obispo + Main AM Traffic Stop Ticket Issued
iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiii iiiiiiiiiii i iiiiiiiiiii iiiiiiiiiii JUN Obispo + Main PM Accident (11-82) No Injury / No Report Obispo + Main AM Traffic Stop Ticket Issued
Obispo + Main PM Traffic Stop Ticket Issued
Obispo + Main PM Reckless Driving
(23103) Not Located
3 Month Location Time Incident Type Details/Notes
Obispo + Main PM Accident (11-83) No Injury / No Report Obispo + Main AM Traffic Stop Ticket Issued
iiiiiiiiiii iiiiiiiiii iiiiiiiiiii i iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiii iiiiiiiiiii i JUL Obispo + Main PM Drunk Driver Not Located
Guadalupe +
Main AM Accident (11-81) Minor Injury / ReportTaken
Guadalupe +
Main PM Drunk Driver Not Located
Guadalupe +
Main PM Roadway Hazard Assisted Motorist
iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii AUG Obispo + Main AM Traffic Stop Ticket Issued
Guadalupe +
Main AM Traffic Stop Ticket Issued
Guadalupe +
Main AM Accident (11-82) Non-Injury / No Report
SEP Obispo + Main PM Traffic Stop Ticket Issued
Obispo + Main PM Traffic Stop Ticket Issued
Guadalupe +
Main PM Roadway Hazard Assisted Motorist
Guadalupe +
Main PM Traffic Stop Ticket Issued
iiiiiiiiiii iiiiiiiii iiiiiiiiiii ii iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii OCT Obispo + Main AM Traffic Stop Ticket Issued
Obispo + Main AM Traffic Stop Ticket Issued
4 Month Location Time Incident Type Details/Notes
Obispo + Main AM Traffic Stop Ticket Issued
Obispo + Main AM Traffic Stop Ticket Issued
Obispo + Main PM Traffic Stop Ticket Issued
Obispo + Main PM Traffic Stop Ticket Issued
Obispo + Main PM Traffic Stop Ticket Issued
Guadalupe +
Main AM Traffic Stop Ticket Issued
Guadalupe +
Main PM Reckless Driving(23103) Not Located
Guadalupe +
Main AM Traffic Stop Ticket Issued
iiiiiiiiiii iiiiiiiii iiiiiiiiiii ii iiiiiiiiiii iiiiiiiii iiiiiiiiiii ii iiiiiiiiiii iiiiiiiiiii NOV Guadalupe +
Main AM Accident (11-82) Non-Injury / No Report
iiiiiiiiiii iiiiiiiii iiiiiiiiiii ii iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii DEC Obispo + Main PM Accident (11-82) Non-Injury / No Report Obispo + Main PM Hit & Run
(20002)
Not Located / Report
Taken
Obispo + Main PM Accident (11-82) Non-Injury / No Report Obispo + Main PM Accident (11-82) Non-Injury / No Report Guadalupe +
Main PM Accident (11-83) Unknown Injury / NoReport
Guadalupe +
Main PM Traffic Stop Ticket Issued
5 Month Location Time Incident Type Details/Notes
Guadalupe +
Main PM Reckless Driving(23103) Not Located
6 2023 Traffic Incidents
Location Total Incidents
Obispo + Main 31
Guadalupe + Main 14
TOTAL 45
Month Incidents
January 5
February 1
March 6
April 4
May 4
June 6
July 4
August 3
September 4
October 9
November 2
December 7
TOTAL 45
7 2024 Traffic Incidents
Month Location Time Incident
Type Details/Notes
JAN Obispo + Main PM Reckless
(23103) Not Located
Obispo + Main PM Traffic Ticket Ticket Issued
Guadalupe +
Main PM Reckless (23103) Not Located
Guadalupe +
Main PM Drunk Driver Not Located
Guadalupe +
Main PM Drunk Driver Arrested
Guadalupe +
Main PM Drunk Driver Not Located
iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiii iiiiiiiiiii i iiiiiiiiiii iiiiiiiiiii FEB Obispo + Main PM Traffic Ticket Ticket Issued
Obispo + Main PM Traffic Ticket Ticket Issued
Obispo + Main AM Traffic Ticket Ticket Issued
Obispo + Main AM Traffic Ticket Ticket Issued
Obispo + Main PM Traffic Ticket Ticket Issued
8 Month Location Time Incident
Type Details/Notes
Guadalupe +
Main PM Traffic Ticket Ticket Issued
Guadalupe +
Main PM Traffic Ticket Ticket Issued
Guadalupe +
Main PM Traffic Ticket Ticket Issued
Guadalupe +
Main PM Traffic Ticket Ticket Issued
Guadalupe +
Main PM Traffic Ticket Ticket Issued
iiiiiiiiiii iiiiiiiiii iiiiiiiiiii i iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiii iiiiiiiiiii ii MAR Obispo + Main PM Traffic Ticket Ticket Issued
Obispo + Main PM Traffic Ticket Ticket Issued
Obispo + Main PM Traffic Ticket Ticket Issued
Obispo + Main AM Drunk Driver Arrested
Guadalupe +
Main PM Reckless Not Located
Guadalupe +
Main PM Traffic Ticket Ticket Issued
9 Month Location Time Incident
Type Details/Notes
Guadalupe +
Main PM Traffic Ticket Ticket Issued
Guadalupe +
Main PM Traffic Ticket Ticket Issued
Guadalupe +
Main AM Traffic Ticket Ticket Issued
iiiiiiiiiii iiiiiiiiii iiiiiiiiiii i iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii APR Obispo + Main PM Traffic Ticket Ticket Issued
Obispo + Main PM Traffic Ticket Ticket Issued
Obispo + Main PM Traffic Ticket Ticket Issued
Obispo + Main AM Traffic Ticket Ticket Issued
Guadalupe +
Main PM Traffic Ticket Ticket Issued
Guadalupe +
Main PM Traffic Ticket Ticket Issued
Guadalupe +
Main PM Drunk Driver Not Located
Guadalupe +
Main AM Accident (11-82) Non-Injury / No Report
10 Month Location Time Incident
Type Details/Notes
iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiii iiiiiiiiiii i iiiiiiiiiii iiiiiiiiiii MAY Obispo + Main AM Traffic Ticket Ticket Issued
Obispo + Main PM Accident (11-
82) Non-Injury / No Report
Obispo + Main PM Traffic Ticket Ticket Issued
iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiiiivvvvvvv Guadalupe +
Main PM Drunk Driver Arrested
Guadalupe +
Main PM Accident (11-82) Non-Injury / No Report
Guadalupe +
Main AM Traffic Ticket Ticket Issued
Guadalupe +
Main PM Drunk Driver Not Located
iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiii iiiiiiiiiii i JUN Obispo + Main PM Traffic Ticket Ticket Issued
Obispo + Main PM Drunk Driver Not Located
Obispo + Main PM Traffic Ticket Ticket Issued
11 Month Location Time Incident
Type Details/Notes
Obispo + Main PM Traffic Ticket Ticket Issued
Guadalupe +
Main PM Traffic Ticket Ticket Issued
Guadalupe +
Main PM Drunk Driver Not Located
iiiiiiiiiii iiiiiiiii iiiiiiiiiii ii iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii JULY Obispo + Main PM Traffic Stop Ticket Issued
Obispo + Main PM Reckless
Driver Not Located
Obispo + Main AM Traffic Ticket Ticket Issued
Obispo + Main PM Traffic Ticket Ticket Issued
Obispo + Main PM Traffic Ticket Ticket Issued
Guadalupe +
Main PM Drunk Driver Not Located
Guadalupe +
Main PM Traffic Ticket Ticket Issued
iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiii iiiiiiiiiii i iiiiiiiiiii iiiiiiiiiii AUG Obispo + Main PM Traffic Ticket Ticket Issued
12 Month Location Time Incident
Type Details/Notes
Obispo + Main AM Traffic Ticket Ticket Issued
Guadalupe +
Main PM Traffic Ticket Ticket Issued
iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiii iiiiiiiiiii ii SEP Obispo + Main AM Accident (11-
82)
Non-Injury / Exchange
Information
Guadalupe +
Main PM RecklessDriver Not Located
OCT Obispo + Main AM Accident (11-
82)
Non-Injury / Exchange
Information
iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiii iiiiiiiiiii ii iiiiiiiii iiiiiiiiiii ii NOV Obispo + Main AM Accident (11-
79) Injury / Report Taken
iiiiiiiiiii iiiiiiiiii iiiiiiiiiii i iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiii iiiiiiiiiii i DEC Obispo + Main PM Accident (11-
82)
Non-Injury / Exchange
Information
Obispo + Main PM Traffic Ticket Ticket Issued
Obispo + Main AM Drunk Driver Not Located
13 Month Location Time Incident
Type Details/Notes
Guadalupe +
Main AM Accident (11-82)
Non-Injury / Exchange
Information
Guadalupe +
Main PM Drunk Driver Not Located
Guadalupe +
Main PM Traffic Ticket Ticket Issued
14 2024 Traffic Incidents
Location Count
Obispo + Main 32
Guadalupe + Main 27
TOTAL 59
Month Count
JAN 5
FEB 10
MAR 9
APR 8
MAY 7
JUN 6
JUL 8
AUG 3
SEP 2
OCT 1
NOV 1
DEC 6
TOTAL 59
15 2025 Traffic Incidents
Month Location Time Incident
Type Details/Notes
JAN Obispo + Main PM Hit & Run Report Taken
Guadalupe +
Main PM Accident (11-81)
Minor Injuries / Report
Taken
Guadalupe +
Main PM Accident (11-82)
Non-Injury / No Report
Taken
iiiiiiiiiii iiiiiiiiii iiiiiiiiiii i iiiiiiiiiii iiiiiiiiii iiiiiiiiiii i iiiiiii iiiiiiiiiii iiii FEB Obispo + Main PM Accident (11-
82)
Non-Injury / No Report
Taken
Guadalupe +
Main PM Traffic Ticket Ticket Issued
Guadalupe +
Main AM Traffic Ticket Ticket Issued
Guadalupe +
Main AM Accident (11-79)
Minor Injury / Report
Taken
iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiii iiiiiiiiiii i iiiiiiiiii iiiiiiiiiii i MAR Obispo + Main PM Traffic Ticket Ticket Issued
Obispo + Main PM Traffic Ticket Ticket Issued
Guadalupe +
Main PM Traffic Ticket Ticket Issued
iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiii iiiiiiiiiii i iiiiiiiii iiiiiiiiiii ii APR Obispo + Main PM Drunk Driver Not Located
Guadalupe +
Main PM Traffic Ticket Ticket Issued
iiiiiiiiiii iiiiiiiiii iiiiiiiiiii i iiiiiiiiiii iiiiiiiiii iiiiiiiiiii i iiiiiiiii iiiiiiiiiii ii 16 Month Location Time Incident
Type Details/Notes
MAY Obispo + Main PM Traffic Ticket Ticket Issued
Obispo + Main PM Drunk Driver Not Located
Obispo + Main PM Traffic Ticket Ticket Issued
Obispo + Main PM Reckless
Driver Not Located
Obispo + Main AM Traffic Ticket Ticket Issued
Obispo + Main AM Accident (11-
82)
No Injury / No Report
Taken
Obispo + Main PM Reckless
Driver Not Located
Obispo + Main PM Traffic Ticket Ticket Issued
Guadalupe +
Main PM Hit & Run Not Located / No Report Taken
Guadalupe +
Main PM RecklessDriver Not Located
iiiiiiiiiii iiiiiiiiii iiiiiiiiiii i iiiiiiiiiii iiiiiiiiii iiiiiiiiiii i iiiiiiiii iiiiiiiiiii ii JUNE Obispo + Main PM Traffic Ticket Ticket Issued
Obispo + Main AM Traffic Ticket Ticket Issued
Obispo + Main AM Traffic Ticket Ticket Issued
Obispo + Main AM Traffic Ticket Ticket Issued
Obispo + Main PM Traffic Ticket Ticket Issued
Obispo + Main PM Drunk Driver Arrested
Obispo + Main PM Traffic Ticket Ticket Issued
17 Month Location Time Incident
Type Details/Notes
Obispo + Main PM Reckless
Driver Not Located
Obispo + Main AM Traffic Ticket Ticket Issued
Obispo + Main AM Traffic Ticket Ticket Issued
Obispo + Main PM Traffic Ticket Ticket Issued
Obispo + Main PM Traffic Ticket Ticket Issued
Obispo + Main PM Traffic Ticket Ticket Issued
Guadalupe +
Main AM Traffic Ticket Ticket Issued
Guadalupe +
Main AM Traffic Ticket Ticket Issued
Guadalupe +
Main AM Traffic Ticket Ticket Issued
iiiiiiiiiii iiiiiiiii iiiiiiiiiii ii iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiii iiiiiiiiiii i JULY Obispo + Main PM Traffic Ticket Ticket Issued
Obispo + Main PM Drunk Driver Not Located
Obispo + Main Pm Traffic Ticket Ticket Issued
Obispo + Main PM Drunk Driver Arrested
Obispo + Main PM Drunk Driver Not Located
Guadalupe +
Main PM Traffic Ticket Ticket Issued
Guadalupe +
Main PM Reckless Driver Found / Cited
18 Month Location Time Incident
Type Details/Notes
Guadalupe +
Main PM Reckless Driver Found / Cited
Guadalupe +
Main PM Traffic Ticket Ticket Issued
iiiiiiiiiii iiiiiiiii iiiiiiiiiii ii iiiiiiiiiii iiiiiiiiii iiiiiiiiiii i iiiiiiiiiii iiiiiiiiiii August Obispo + Main PM Hit & Run Report Taken
Obispo + Main AM Traffic Ticket Ticket Issued
Obispo + Main AM Traffic Ticket Ticket Issued
Obispo + Main PM Traffic Ticket Ticket Issued
Obispo + Main PM Accident (11-
79)
Minor Injury / Report
Taken
Guadalupe +
Main PM Drunk Driver Arrested
Guadalupe +
Main PM Traffic Ticket Ticket Issued
Guadalupe +
Main PM Drunk Driver Not Located
Guadalupe +
main PM Reckless Driver Not Located
iiiiiiiiiii iiiiiiiiii iiiiiiiiiii i iiiiiiiiiii iiiiiiiii iiiiiiiiiii ii iiiiiiii iiiiiiiiiii iii SEP Obispo + Main PM Traffic Ticket Ticket Issued
Obispo + Main PM Traffic Ticket Ticket Issued
Obispo + Main PM Traffic Ticket Ticket Issued
Obispo + Main PM Traffic Ticket Ticket Issued
19 Month Location Time Incident
Type Details/Notes
Obispo + Main PM Traffic Ticket Ticket Issued
Obispo + Main AM Traffic Ticket Ticket Issued
Obispo + Main AM Traffic Ticket Ticket Issued
Obispo + Main PM Drunk Driver Arrested
Obispo + Main PM Traffic Ticket Ticket Issued
Obispo + Main PM Reckless
Driver Not Located
Guadalupe +
Main PM Traffic Ticket Ticket Issued
Guadalupe +
Main PM Traffic Ticket Ticket Issued
iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiiiii iiiiiiiii iiiiiiiiiii ii iiiiiiiii iiiiiiiiiii ii OCT Obispo + Main AM Accident (11-
79)
Minor Injury / Report
Taken
Obispo + Main AM Traffic Ticket Ticket Issued
Obispo + Main PM Traffic Ticket Ticket Issued
Obispo + Main AM Traffic Ticket Ticket Issued
Obispo + Main AM Traffic Ticket Ticket Issued
Obispo + Main AM Traffic Ticket Ticket Issued
Obispo + Main AM Traffic Ticket Ticket Issued
Obispo + Main AM Traffic Ticket Ticket Issued
Obispo + Main AM Traffic Ticket Ticket Issued
20 Month Location Time Incident
Type Details/Notes
Guadalupe +
Main AM Traffic Ticket Ticket Issued
Guadalupe +
Main AM Traffic Ticket Ticket Issued
Guadalupe +
Main AM Traffic Ticket Ticket Issued
Guadalupe +
Main AM Traffic Ticket Ticket Issued
Guadalupe +
Main AM Traffic Ticket Ticket Issued
21 Location Count
Obispo + Main 55
Guadalupe + Main 27
TOTAL 82
Month Count
JAN 3
FEB 4
MAR 3
APR 2
MAY 10
JUNE 16
JULY 9
AUG 9
SEP 12
OCT 14
TOTAL 82
2025 Traffic Incidents
Agenda Item No. 11
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of January 13, 2026
________________________________
Prepared by:
Bill Scott, Associate Planner
__________________________________
Approved by:
David Trujillo, Interim City Administrator
SUBJECT: Public hearing to consider an appeal (2025-048-AP) of the Planning Department’s decision to deny zoning clearance application 2025-022-ZC to allow a minor home addition and conversion of a detached garage into a Junior Accessory Dwelling Unit; and 2025-026-ZC to allow an addition and conversion of the detached garage into a workshop on property in the R-1 zoning district at 239 Campodonico Avenue (APN 115-192-003).
RECOMMENDATION:
It is recommended that the City Council:
a. Receive a presentation from staff;
b. Conduct a public hearing, including: 1) an opportunity for the appellant to present the proposed project; 2) receive any comments from the public; and c. Uphold the Director’s decision to deny zoning clearance applications 2025-022-ZC and 2025- 026-ZC including the requisite findings.
BACKGROUND:
Ms. Maria Quintanilla, owner of the home at 239 Campodonico Street, has filed an appeal requesting that the City Council overturn the Planning Department’s decision to deny two successive applications for a zoning clearance. Both requests involved a small addition that would have enlarged and converted a detached garage into living space (Attachment 2 - Appeal Letter).
GMC Section 18.80.010 specifies: “Any person may appeal to the City Council of any order, requirement, decision or determination of the Planning Director or designee...” Appellant’s Property:
Behind the home on the west side are a detached accessory dwelling unit (detached ADU) and a storage shed (Attachment 3 - Aerial Site Photo). On the south side of the house is a detached garage. The detached garage is about 324 square feet in size. The home and its detached garage are estimated to have been constructed in the mid-1950’s. As was common at the time, the detached garage was built in the side-yard of the home and is 2 feet 6-inches from the property line on the south side (Attachment 4 – Existing Site Sketch).
Bill Scott
Appellants’ Proposal:
The appellant’s first and preferred request was to construct a Junior ADU (Attachment 5 - Application).
Her plan would have allowed a 174-square-foot addition that would have connected the detached garage to the primary home. The addition would then expand the garage to create more living space for the dwelling unit (Attachment 6 – Addition and Conversion Plan).
Number of Accessory Dwelling Units Permitted:
There is one detached ADU on the property. In total, up to two (2) ADUs and one (1) JADU may be permitted, in addition to the main home, on a single-family homesite.
GMC Section 18.53.050 (C)(1) specifies:
• one detached ADU,
• one attached ADU, and
• one JADU
-shall be allowed for each single-family dwelling lot - provided they can meet the requirements of this chapter and other applicable sections of the zoning ordinance.
Since a detached ADU is already existing on the property, the homeowner would have these options: a) an ADU and a Junior ADU may be permitted somewhere within the home (e.g., a bedroom conversion); or b) an attached ADU may be considered wherever the four (4) foot setback standard can be met on the property.
Non-Conforming Garage:
As noted, the detached garage was legally constructed 2.5-feet from the side-yard property line. Under the current zoning ordinance (adopted 1980), an accessory structure (i.e., detached garage) must meet the same 5-foot side-yard setback as required for the for the primary structure. Therefore, the detached garage has a (legal) non-conforming (grandfathered) side-yard setback. Any new construction (except for ADUs) must adhere to the non-conforming use standards contained in Chapter 18.68 of the Municipal Code. Accessory dwelling units are regulated under separate set state mandated codes and standards.
Two Applications Submitted:
It is the homeowner’s objective to convert the non-conforming detached garage into habitable space.
The stated preference was a Junior ADU. The two successive applications were:
May 16, 2025: The homeowner submitted zoning clearance (2025-022-ZC) requesting to convert the detached garage into a Junior ADU. To provide enough space to install a bathroom and some additional living space, a 176 square-foot addition would be constructed. The total living area would then be 500 square feet. To create the required “attached dwelling” the addition would connect the detached garage to the south side of the home (Attachment 5). Since state and City codes explicitly prohibit JADUs in accessory structures of any kind, Zoning Clearance 2025-022-ZC was denied by Planning.
June 11, 2025: a second zoning clearance application (2025-026-ZC) was submitted. That plan again proposed the 176-foot addition. This time, the plan proposed to convert the non-conforming detached garage into a “hobby shop” (Attachment 6). In this case, the proposal was found to conflict with the
current 5-foot side-yard zoning setback requirement. Moreover, the garage conversion would have conflicted Municipal Code Chapter 18.68. This code chapter places stringent restrictions to converting a non-conforming use or structure to another use. Therefore, the second Zoning Clearance 2025-026-ZC was also denied.
Appeal Filed:
In response to the Planning Department’s denial of the two applications, on November 18, 2025, Ms.
Quintanilla submitted Appeal 2025-048-AP to the City Council (Attachment 2).
Homeowner’s Statement:
In her Appeal, the homeowner stated:
I am appealing the denial of an ADU permit for 239 Campodonico Avenue. I have gone through this for a while and submitted different plans. The architect had consulted with the planner, and it seemed like it was going to be approved, but it wasn’t. A second consultation was done, and a second plan was submitted, but it was rejected again. A guesthouse was suggested by the planner, and I submitted a plan for this, but it was rejected again. The problem was setback. Right now, the setback for the garage is 2.5- feet. feel this should be under the grandfather law. I also feel it is cost prohibitive to tear down the garage and start from scratch to comply with the standard. A lot of the properties in Guadalupe do not have any setback. Please consider approving my permit request.
DISCUSSION:
A discussion of the Municipal Code standards that apply to the two zoning clearance applications; and to the procedures for appeals is provided below:
Code Regulations - JADU Addition:
As noted, Zoning clearance 2025-022-ZC proposed to expand and convert the garage into a JADU. Yet, the appellant’s request is expressly prohibited. For reference, the California ADU Handbook states:
JADUs are not allowed in accessory structures. Likewise, GMC Section 18.53.020 (E)(A) states: The JADU must be fully contained within a single-family home… Therefore, Zoning Clearance 2025-022-ZC was denied by Planning.
Code Regulations - Workshop Addition:
As noted in the Background Section above, the house and its accessory building (the detached garage) pre-date the current zoning ordinance. GMC 18.52.070 states: Accessory buildings and structures may be erected within the rear yard setback, but not within the front or side yard setbacks (Ord. 189 Art. 4 §4, 1980). Since the garage was legally constructed with a 2.5-foot side-yard setback, and the zoning ordinance currently requires a 5-foot side-yard setback, the detached garage currently exists as a (legal) nonconforming (grandfathered) structure.
GMC 18.68.030 specifies: Any building or structure existing on February 25, 1980, the date of the adoption of the ordinance codified in this title, which is nonconforming either in use, design or arrangement, shall not be enlarged, extended, reconstructed or structurally altered unless:
A. A conditional use permit is first secured in each case; and
B. Such enlargement, extension, reconstruction or alteration is in compliance with the regulations set forth in this title for the district where such building or structure is located As stated in part “A” to allow the any conversion of the detached garage to living space the City Council would need to approve a conditional use permit. Furthermore, as stated in part “B” the City Council would need to make the findings to establish that the requested change to the non-conforming structure would not have an adverse impact to the neighboring properties and its 2.5-foot side-yard setback would be consistent with the intent and purpose of the R-1 zone.
ADU Potential:
Although not specifically proposed by the homeowner, staff explored the possibility permitting the addition and garage conversion as an ADU instead of a JADU. Unlike JADUs, ADUs may be permitted in additions and/or in detached garage conversions. For attached ADU additions a four (4) foot setback is required. Because of the existing 2.5-foot setback staff was again unable to make the requisite findings to approve an ADU addition. The analysis for a potential ADU is as follows:
Attached ADU Regulations:
GMC section 18.53.050 (A)(Attached ADUs) states: An ADU within an existing structure (e.g., the primary dwelling unit, attached or detached garage or other accessory structure) shall be permitted ministerially with a zoning clearance and building permit if it:
1) Complies with building and safety codes;
2) Provides independent exterior access from the existing residence; 3) Provides sufficient side and rear setbacks for fire safety.
The cited code section specifiesthis type of ADU conversion occurs within an existing structure. Whereas the appellant’s proposal involves an expansion that would increase the size of the garage by more than 50 percent. Therefore, staff concluded that this code section would not be supportive of the appellant’s request.
ADU Setback Regulations:
GMC Section 18.53.050 (F)(1)(ADU Setbacks) states:
a) No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit…; and
b) a setback of no more than four (4) feet from the side and rear lot lines shall be required for an ADU that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.
If the garage conversion had been limited to the same location and to the “same dimensions,” the current 2.5-foot side-yard setback could have been permissible. As proposed, the appellant’s project would result in an expansion of the garage. Therefore, staff has concluded that the “no setback” provision stated in part “a” would not apply. Furthermore part “b” states a new structure would be
subject to the four (4) foot minimum side-yard setback. Thus, an ADU could not be considered under this code section.
Allowable ADU Expansions:
Government Code 66323(a)(1)(A) specifies: …the proposed space of an accessory structure may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
As proposed, the 176 square-foot addition exceeds this 150-foot maximum. Furthermore, the addition would include a bathroom and other living space. Therefore, both the maximum size and ingress egress only limitations of Government Code 66323(a)(1)(A) would be violated by the appellants proposal.
Consideration of a Smaller ADU:
State law permits efficiency units as small as 220 square feet. Staff estimates that the interior of the detached garage is roughly 300 square feet. The homeowner may consider further work with her designer to explore the possibility of an ADU that fits fully within the walls of the detached garage. To qualify, as a dwelling unit it would need a living area, kitchen facilities and bathroom; and still have a substantial enough connection to the main house to meet the standard for an attached ADU.
Furthermore, the addition must meet the size and access only limitations as discussed above.
Summary:
The homeowner’s request to convert the detached garage into a JADU is expressly prohibited by law.
Likewise, its nonconforming zoning setback prevents Planning from approving a proposal to convert the garage to living space (a workshop). However, staff believes that there are other alternatives:
1. Add an ADU or a JADU within the home interior (e.g., a bedroom conversion to a JADU).
2. Apply for permits to demolish the detached garage and replace it with an addition that meets the required 5-foot side-yard setback (a conditional use permit may be required).
3. Construct an attached ADU that meets the 4-foot setback standards at the rear of the home.
4. Possibly seek a smaller ADU within the walls of the existing structure and with an addition of less than 150 square feet used exclusively for ingress and egress.
As always, it is the responsibility of the landowner and his or her designer to review the codes and to present an acceptable design solution.
Appellant’s Request:
To achieve the appellants objective, the City Council would have to override Planning Department’s decision and allow the addition and garage conversion, as proposed by the appellant, and include the findings necessary to approve one of the appellant’s two zoning clearance requests.
Appeal Procedure:
GMC Chapter 18.80, states: “the appeal procedures specify that the City Council consider the facts at a public hearing. GMC section 18.80.950(A) specifies: “At the close of the public hearing, the City Council may affirm, revise or modify the decision of the Planning Director or designee. If the Council does not
take any action on the appeal within 60 days after the filing thereof, the Planning Director or designee's action shall be deemed affirmed.”
City Council’s Options:
Based on all the facts pertaining to this appeal, the City Council may:
1. Uphold the Planning Department’s decision to deny zoning clearance 2025-022-ZC for a Junior ADU and Zoning Clearance 2025-026-ZC for a home addition.
2. Permit either zoning clearance 2025-022-ZC for a Junior ADU or zoning clearance 2025-026-ZC for a home addition and garage conversion; and make findings that the project would be consistent with the purposes of the applicable zoning ordinance specifications and that the project would have no adverse effect on neighboring properties.
3. Revise or modify the decision of the Planning Department based on items discussed at the public hearing.
4. Direct the appellant to work with her designer to pursue potential alternatives.
5. Take no action upon which the appeal shall be deemed affirmed.
ATTACHMENTS:
1. Resolution No. 2026-02,
2. Appeal Letter
3. Aerial Site Photo
4. Existing Site Layout
5. Junior ADU Application & JADU Floor Plan – 2025-022-ZC
6. Shop Application & Shop Floor Plan – 2025-026-ZC
RESOLUTION NO. 2026-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA, UPHOLDING THE PLANNING DEPARTMENT’S DECISION TO DENY ZONING CLEARANCE APPLICATION 2025-022-ZC TO ALLOW AN ADDITION AND GARAGE CONVERSION INTO A JUNIOR ACCESSORY DWELLING UNIT; AND 2025-026-ZC TO ALLOW AN ADDITION AND GARAGE CONVERSION INTO A WORKSHOP ON PROPERTY IN THE R-1 ZONING DISTRICT AT 239 CAMPODONICO AVENUE (APN 115-192-003).
WHEREAS, Ms. Maria Quintanilla, (the “Appellant”) has submitted an appeal (2025-048-ZC) requesting that the City Council overturn the Planning Department’s denial of Zoning Clearances 2025-022-ZC and 2025-026-ZC for property in the R-1 (single-family) zoning district at 239 Campodonico Avenue; and WHEREAS, a detached accessory dwelling unit (ADU) is existing behind the home on the west side, and a 340 square-foot detached garage is existing in the side-yard on the south side of the home; and WHEREAS, on May 16, 2025, the appellant submitted Zoning Clearance application 2025-022-ZC to the Planning Department to allow a 176 square-foot addition that would attach the garage to the primary home and convert the garage into Junior Accessory Dwelling Unit (JADU); and WHEREASS, Chapter 18.53 of the City of Guadalupe Municipal Code establishes the regulations for permitting Accessory Dwelling Units and Junior Accessory Dwelling Units; and GMC sections 18.53.020(E) and 18.53.050(C)(2) expressly prohibit conversion of an accessory structure into a JADU; and WHEREAS, based on said Municipal Code standards, on May 30, 2025, Zoning Clerance application 2025- 022-ZC was denied by the Planning Department; and
WHEREAS, on June 11, 2025, Zoning Clearance 2025-026-ZC was submitted by the appellant to propose a 176 square-foot addition that would expand the garage and convert the garage into a workshop; and WHEREAS, Municipal Code Sections 18.52.040 and 18.52.070 require a five-foot side-yard setback for accessory structures including detached garages in the R-1 zoning district; and the detached garage was constructed legally in the side-yard of the home at 2.5-feet from the property line; and WHEREAS, as specified by Municipal Code Chapter 18.52, the detached garage in the side-yard setback is non-conforming structure, and said Municipal Code chapter prohibits any change in use or structural alteration to a non-conforming use or structure unless a conditional use permit is approved to authorize such change; and
WHEREAS, based on non-conformance with said 5-foot zoning setback standard for additions and said specification for modifications to non-conforming uses and structures, on July 25, 2025, the Planning Department denied Zoning Clearance 2025-026-ZC; and
WHEREAS, on November 18, 2025, the appellant filed Appeal 2025-048-AP requesting that the City Council overrule the Planning Department’s decision to deny Zoning Clearance 2025-022-ZC or Zoning Clerance 2025-026-ZC; and
ATTACHMENT 1
WHEREAS, the City Council held a duly noticed public hearing on January 13, 2026, at which time all interested persons were given the opportunity to be heard and notice of said hearing was published in the Santa Maria Times at least 10 days prior to the public hearing. Said public hearing notice of the hearing in three public places in the City (including one at the area affected). of said property also receiving notice; and
WHEREAS, the City Council has considered the entire administrative record, including the staff report and all attachments, has received evidence from City staff, and heard oral and written testimony from interested persons, including the Appellant.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Guadalupe as follows:
SECTION 1. The recitals and findings set forth above are true and correct and incorporated herein by reference.
SECTION 2. The City Council hereby denies the Appeal in this matter and finds that the denial of this of the addition and garage conversion is consistent with the City’s General Plan, and applicable sections of the City’s Municipal Code.
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 13th day of January 2026 by the following vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAINED:
I, Judy Wilson, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2026-02, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held January 13, 2026, and that same was approved and adopted.
ATTEST:
_______________________________ ______________________________ Judy Wilson, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
______________________________
Philip F. Sinco, City Attorney
ATTACHMENT 2
Agenda Item No. 12
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of January 13, 2026
________________________________ __________________________________ Prepared by: Approved by:
Bill Scott, Associate Planner David Trujillo, Interim City Administrator SUBJECT: Review of a Pre-Application (2025-049-PA) to consider a request to establish a workshop, outdoor storage facility and a horse stable on a portion of a 9.4-acre property on the east side of Peralta Street, 500 feet north of Twelfth Street (APN 115-020-014) RECOMMENDATION:
It is recommended that the City Council:
a. Receive a presentation from staff;
b. Accept public comments, including an opportunity for the applicant to present the proposed project; and
c. Provide staff with general non-binding comments on the proposed project.
BACKGROUND:
The applicant, Mr. Juan De La Torre, is requesting City Council consideration of his proposal to establish a workshop, associated outdoor storage yard and a horse stable a portion of an undeveloped parcel. The
9.4-acre property is located on the east side of Peralta Street, approximately 500 feet north of Twelfth Street (Attachment 1 – Aerial Vicinity Map).
Mr. De La Torre has indicated that the property is currently available for sale, and he is interested in purchasing the property. The applicant is requesting this Pre-Application to obtain some initial feedback from the City Council before he commits to buying the land. However, no conceptual plans or specific details have been provided to more fully describe his envisioned use of the land.
Project Site:
As shown on the Official Zoning Map (Attachment 2), the 9.4 acres is that narrow strip of land zoned for OS (Open Space) use at the far north easternmost portion of the city. The lot is covered mostly by nonnative grasslands and scattered shrubs. Remnants of a small wooden livestock corral are on the westerly portion of the property (Attachment 2-Aerial Vicinity Map). County records indicate that the property was formerly used as a landfill (Peralta Street Dump) which was closed in 2007.
Bill Scott
Surrounding Land Uses
On the north side of the property is a 30-acre parcel in unincorporated Santa Barbara County. That parcel contains both open grassland areas as well as various industrial operations. Although the property is zoned for agricultural use in the County, the County’s Land Use Map denotes the area as “urban” in recognition of the existing industrial operations. To the west, across Peralta Street is the Beechnut Cooling facility. The lands to the west are zoned GI (General Industrial) in the City. To the east and south are agricultural lands zoned for agricultural use in unincorporated county (Attachment 2 - Aerial Vicinity Map).
Project Description:
Although more precise details have not been provided, Mr. De La Torre has indicated that his shop would be very small scale and used only to service and repair his farm equipment. He has also indicated that the facility would occupy a small portion of the property near Perala Street at the west end. The major portion of the 9.4-acres would continue to remain in its natural state. The applicant’s request letter is provided as Attachment 3.
DISCUSSION:
The primary issues associated with the applicant’s proposal are: 1) consistency with the City’s Municipal Code (Zoning Ordinance); and (2) environmental considerations.
Consistency with the Zoning Ordinance:
GMC Section 18.48.010 specifies: The purpose of the open space district is to provide a district which may be used to preserve the open space status of land so designated in the open space element of the General Plan.
Based on the stated purpose; a shop and outdoor storage facility would appear to be contrary to the purpose of the OS (Open Space)zoning district. It is also noted that the zoning ordinance typically permits equipment repair shops as appropriate for the MC (Commercial Industrial) and GI (General Industrial) zoning districts.
Yet, the OS (Open Space) district does allow for some limited forms of urban development. For example, schools are permitted in the OS (Open Space) zone. Furthermore, GMC Section 18.48 (Conditional Uses) specifies: …grading, filling, excavation, paving, clearing, draining, farming or other alterations to the existing status of the property… may be permitted through City Council approval of a conditional use permit. Therefore, staff believes that; if the shop is small enough in scale and is directly associated the applicant’s farming operation, it may be considered as appropriate at this location. A conditional use permit is discretionary and the applicant is provided no guarantee of a CUP approval.
Environmental Considerations:
It is recognized that the property was once a solid waste disposal facility. Currently, the Conservation and Open Space Element of the General Plan designates the property as Riparian Wetland.
General Plan Policy COS-1.4 states: Where development could occur in areas with potential habitat for special-species occur, an assessment of potential impacts to biological resources shall be conducted by a
qualified biologist. This policy further states: If determined necessary by a qualified biologist, focused surveys per applicable regulatory agency protocols shall be conducted… Impacts to special-status species shall be avoided or minimized to the extent possible. If impacts cannot be avoided, measures to mitigate for the loss of individuals and/or habitat shall be implemented.
As stated above, a conditional use permit would be required to make findings that a workshop and storage facility is appropriate on the property. As the first step, the landowner would need to retain a qualified biologist to perform a site-specific biological assessment. If special status (protected) species or their habitat are discovered, mitigation measures would have to be implemented, most likely through preparation of a Mitigated Negative Declaration (MND). The measures identified by the MND would typically be implemented under the supervision of a qualified biologist, as specified before or during any grading or land disturbance activity.
Horse Stables:
The applicant is also proposing to establish a horse stable on the property. The applicant has stated that the stables would be for the private recreational use of family members and friends. The OS (Open Space) zone permits “private recreational facilities.” Thus, if found to be a private recreational use, an equestrian stable could be found to be consistent with the intent and purpose of the OS zone.
Municipal Code Title 6:
Title 6 of the Guadalupe Municipal Code expressly prohibits livestock within the Guadalupe City Limits.
GMC Section 6.04.210 states: No person shall keep, harbor, maintain upon his or her premises within the City any fowl, livestock or wild animals. Given, the strict prohibition expressed by this Code Chapter, the City Council would need to make specific findings to establish that a private horse stable would not be inconsistent with intent and purpose of Title 6; and that a private equestrian facility would not be detrimental to the good and welfare of the surrounding properties.
Compatibility with Surrounding Uses: As noted, the property is surrounded by industrial and open space to the north. Agricultural uses are present in the unincorporated county land on the east and south.
Heavy industrial uses are located to the west. Therefore, staff believes, through conditional use permit approval, a private workshop and equestrian stables would likely have no adverse impact on neighboring uses.
Requisite Improvements:
The uses envisioned by the applicant would require some degree of physical improvements to current Municipal Code standards. For example, any access driveway should be paved to City standards.
Likewise, any outdoor storage facility would be paved and designed and operated to meet applicable stormwater management protection standards.
CONCLUSION
In summary, the stated purpose of the (OS) Open Space zoning district is to; provide a district which may be used to preserve the open space status of land… However, limited farming-related activities may be allowed in the OS zone upon approval of a conditional use permit. Special findings would have to be made to consider an equestrian stable. If the applicant were allowed to proceed, the first step, would be a biological assessment by a qualified biologist. The results of the biological assessment would determine the scope of CEQA review that would be needed.
ATTACHMENTS:
1. Aerial Site Map
2. Zoning Map
3. Applicant’s Request Letter
1 Agenda Item No. 13
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of January 13, 2026
______________________________ _____________________________ Prepared by: Approved by:
Philip F. Sinco, City Attorney David Trujillo, Interim City Administrator SUBJECT: Conveyance of the former Al’s Union parcel from the Successor Agency to the Redevelopment Agency of the City of Guadalupe to the City of Guadalupe RECOMMENDATION:
It is recommended that the City Council adopt Resolution No. 2026-03 consenting to the conveyance by quit claim deed of the former Al’s Union parcel from the Successor Agency to the Redevelopment Agency of the City of Guadalupe to the City of Guadalupe.
BACKGROUND:
The former “Al’s Union” parcel (composed of two lots) is real property located at 4646 10th Street (and sometimes identified as being located at 995 Guadalupe Street) in the City of Guadalupe (APN 115-071). It was obtained by the former Redevelopment Agency of the City of Guadalupe (sometimes referred to as the City of Guadalupe Community Development Agency) on August 26, 2006. The parcel was contaminated as a result of its former use as a gasoline service station and was donated to the former redevelopment agency in exchange for the former Redevelopment Agency’s agreement to remediate the property. The State Water Resources Control Board had set aside $1.5 million from its Cleanup of Underground Storage (UST) Fund to remediate the property.
All California redevelopment agencies were eliminated on February 1, 2012, pursuant to ABx1 26 and the ruling by the California Supreme Court issued on December 29, 2011, in the case of California Redevelopment Assn. v. Matosantos(2011) 53 Cal.4th 231 upholding the constitutionality of AB 26 x1. As a result, all redevelopment agencies in California were succeeded by successor agencies subject to the authority of oversight boards charged with winding up the affairs of dissolved redevelopment agencies. In June 2013, the California Legislature enacted AB 1487, which, among other things, required successor agencies to prepare a long-range property management plan (“LRPMP”) for the disposition of all real properties owned by former redevelopment agencies.
The LRPMP had to be approved by the oversight board, and then, by the California Department of Finance (“DOF”). Accordingly, the Successor Agency to the Redevelopment Agency of the City of Guadalupe (“SA”) was created.
Philip F. Sinco
2 The LRPMP of the SA was approved by the SA’s Oversight Board on August 22, 2013, and subsequently, by DOF. The SA’s LRPMP addressed the disposition of a total of six (6) properties owned by the City’s former redevelopment agency, all of which have been disposed of as provided by the LRPMP except for the Al’s Union parcel.
The LRPMP provided that the Al’s Union parcel was to be sold with the proceeds of the sale to be distributed to various governmental entities, including the City, that are entitled by statute to receive a portion of property taxes on an annual basis, once the environmental remediation required for the site was complete. The remediation work was completed sometime in early 2022, and a final closure letter was issued on June 30, 2022.
Before the property could be sold, the SA had to comply with the Surplus Land Act (SLA), and as required by the SLA, the SA gave public notice about the availability of the Al’s Union parcel in June 2023. The SLA requires local agencies to give written notice of the availability of surplus lands to other local public entities, including schools and park districts, within whose jurisdiction the property is located, as well as to housing sponsors that have notified HCD of their interest in surplus properties. These entities have 60 days to respond to the public notice if they are interested in negotiating for the purchase of the property.
None of the eligible entities responded to the notice within the 60-day time period, and after notifying the California Department of Housing and Community Development (“HCD”) that the SA had fulfilled its obligations pursuant the SLA, HCD sent a letter to the SA dated October 9, 2023, determining that it had met the requirements of the SLA and is therefore permitted to sell or lease the Property.
During the City Administrator’s Report portion of the Council meeting held on October 24, 2023, when the City Administrator reported to the Council about the completion of the procedures required by the SLA and the available of the Al’s Union property to be sold or leased by the SA, Council members indicated an interest in having the property transferred to the City for possible City use. Since this possibility was not on the agenda, no action was taken at the time. The Al’s Union Property is an empty lot and does not meet the requirements of the Dissolution Law for a governmental use property, which state that the property must have been constructed and used for a governmental purpose, such as roads, school buildings, parks, police and fire stations, libraries, parking facilities and lots dedicated solely to public parking, and local agency administrative buildings, pursuant to an existing agreement relating to the construction or use of such asset.
Because the SA has disposed of all its other properties and assets, and its remaining enforceable obligation consists of predetermined bond payments and related expenses, it is eligible for a “Last and Final Recognized Obligation Payment Schedule (ROPS)” as defined under the Dissolution Law.
The filing of a Last and Final ROPS requires that all future payments owed by the SA be made pursuant to a defined payment schedule. The Last and Final ROPS is of benefit to the City and the SA as once approved, the SA need no longer file and annual ROPS nor the annual Prior Period Adjustment (PPA) schedule, nor seek Oversight Board and DOF approval of those items. The SA determined that marketing and selling the Al’s Union property (as provided in the LRPMP) was a potentially long and uncertain process and would likely delay the filing of the Last and Final ROPS. 3 As a result, because the Al’s Union property did not qualify for transfer to the City for a governmental purpose, the SA proposed to transfer the Al’s Union Property to the City for future development, as permitted under the Dissolution Law.
The issue was brought before the SA at a meeting held on November 28, 2023, at which SA staff recommended that the Al’s Union property be transferred to the City for future development. The SA Board was in support but in order for the SA to dispose of the property in a manner not contemplated by the LRPMP, the SA was required to obtain the approval of the County Oversight Board and the DOF. SA legal counsel and staff submitted an agenda item to the Countywide Oversight Board concerning the proposed transfer at the Countywide Oversight Board’s meeting held on January 17, 2024.
The County Oversight Board approved the transfer to the City at its meeting on January 17, 2024, when it adopted Santa Barbara County Oversight Board (COB) Resolution No. 24-03. (Attachment 2). The conveyance of the Al’s Union parcel to the City was reviewed and approved by the Department of Finance on February 24, 2025. (Attachment 3). Finally, COB Resolution No. 24-03 provided that the conveyance of the Al’s Union parcel from the SA to the City could occur upon full execution of a compensation agreement between the City and all affected taxing entities for the distribution of net funds received, if any, from the sale of the property. The form of Compensation Agreement was approved by the City Council by adoption of Resolution 2025-02 on January 14, 2025 (Attachment 4). The compensation agreement was “fully executed” by all of the required parties as of October 7, 2025. (Attachment 5). Accordingly, the property may be conveyed to the City at this time.
DISCUSSION:
The City Council is being asked to accept and grant its consent to the transfer of the Al’s Union parcel by quit claim deed and to direct staff to record the deed. Government Code section 27281 requires that when real property is conveyed to a political corporation, the grantee must consent to the transfer before the deed may be recorded. In order for the Successor Agency to convey these properties to the City by deed, Government Code section 27821 requires that the City consent to the conveyances before the deeds may be recorded. This consent may be provided by the City Clerk pursuant to the Council’s adoption of Resolution No. 2018-21.
A copy of the deed from the SA to the City for the property to be approved by the Council is attached hereto as Attachment 6 (and also, as Exhibit 1 to Resolution No. 2026-03, which is attached hereto as Attachment 1).
The Council should be aware of two issues that affect the property:
1. The property is being transferred by the SA to the City by way of a quit claim deed, which means that the SA is transferring to the City only the title it holds to the property. The SA holds title to the property as an owner with a 6/7ths share. A 1/7th share is owned by the heir(s) of Francis E. Campodonico. (Attachment 7). Obviously, the City will eventually need to acquire ownership of this 1/7th interest from whoever owns it prior to using or selling the property.
4 2. Although there were some Council members interested in possible use of the property for a City use of some sort, some uses by the City may not be permitted under the Compensation Agreement. Though the Compensation Agreement (Attachment 5) permits the Al’s Union property to be used for an “Interim Municipal Use,” such use is defined as use by the City such as for community space, landscape features, parking lots available for community events, and such. The Compensation Agreement requires that the City use diligent good faith efforts to select a Developer for the Al’s Union property or negotiate and obtain approval and execution of a Disposition and Development Agreement (DDA) for the Al’s Union property and dispose of the Al’s Union property to the developer in accordance with the applicable DDA. The timing for the City to do so is vague as the Compensation Agreement only requires that the City do so within a time frame determined by the City to yield a financially feasible and marketable development.
If the City would like to pursue a more permanent municipal use of the Al’s Union property, like a fire station, the City would have to seek to amend the Compensation Agreement.
Otherwise, the City is permitted to issue a Request for Proposal (RFP) or similar notice seeking developers for the Al’s Union property. Any proposed use of the Al’s Union property or issuance of a RFP would need to be considered at a future meeting of the City Council.
3. Although there has not been any discussions about possibly using the Al’s Union parcel for residential use, an affordability covenant (see Attachment 8) must be recorded against the Al’s Union property in connection with HCD’s approval of the sale of the property pursuant to the SLA. The affordability covenant provides that if ten (10) or more residential units are developed on the property, then not less than 15 percent of the total number of residential units developed on the property must be sold or rented at affordable housing cost, or affordable rent, to lower income households, all as defined in the California Health and Safety Code. Rental units must remain affordable to and occupied by lower income households for a period of 55 years for rental housing or 45 years for ownership housing.
The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of the California Government Code.
FISCAL IMPACT:
None with respect to the conveyance of the property; however, they ATTACHMENTS:
1. City of Guadalupe City Council Resolution No. 2026-03
2. Santa Barbara County Oversight Board Resolution No. 24-03
3. Department of Finance Determination Letter, dated February 21, 2024
4. City of Guadalupe City Council Resolution No. 2025-02
5. Fully Executed Compensation Agreement
6. Quit claim deed from Successor Agency to the City of Guadalupe
7. Preliminary title report, dated October 2, 2023
8. Sample affordability covenant
RESOLUTION NO. 2026-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA CONSENTING TO
THE CONVEYANCE OF REAL PROPERTY FROM THE SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY OF THE CITY OF GUADALUPE
WHEREAS, on June 29, 2011, the Legislature of the State of California (the “State”) adopted Assembly Bill x1 26 (“AB 26”), which amended provisions of the State’s Community Redevelopment Law (Health & Safety Code sections 33000 et seq.); and
WHEREAS, pursuant to AB 26 and the California Supreme Court decision in California Redevelopment Association, et al. v. Ana Matasantos, et al., which upheld AB 26 (together with AB 1484, as amended to date, the “Dissolution Law”), the former Redevelopment Agency of the City of Guadalupe (the “Agency”) was dissolved on February 1, 2012; and
WHEREAS, the Successor Agency to the Redevelopment Agency of the City of Guadalupe (the “Successor Agency”) is charged with implementing recognized enforceable obligations, disposing of real properties pursuant to a Long-Range Property Management Plan (“LRPMP”), and winding down of the affairs of the former Redevelopment Agency of the City of Guadalupe in accordance with the California Health and Safety Code; and
WHEREAS, the Successor Agency is the owner of certain real property in the City of Guadalupe (“City”) more particularly described as Assessor’s Parcel Number 115-071-001 (the “Property”), and often referred to as the “Al’s Union” parcel; and
WHEREAS, the LRPMP provided that the Property was to be sold, however, in order to facilitate the filing of a Last and Final Recognized Obligation Payment Schedule, the Successor Agency approved a resolution at a meeting held on November 28, 2023, to transfer the Property to the City for future development; and
WHEREAS, because the transfer of the Property to the City for future development was not authorized by the LRPMP, the statutory requirements for disposition real property set forth in Health and Safety Code section 34181(a) and 34177(e) apply, and the Successor Agency was required to obtain the approval of the Countywide Oversight Board and the California Department of Finance (DOF); and WHEREAS, pursuant to Health & Safety Code Section 34181(f), the Countywide Oversight Board approved the proposed transfer at the Countywide Oversight Board’s meeting held on January 17, 2024, provided that prior to such conveyance, the City and the affected taxing entities have fully executed a compensation agreement for the distribution of net funds received, if any, from the sale of the Property; and
WHEREAS, the conveyance of the Property to the City was reviewed and approved by the Department of Finance on February 24, 2025; and
ATTACHMENT 1
WHEREAS, a compensation agreement was fully executed by the City and all taxing entities on October 7, 2025; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred; and WHEREAS, Government Code section 27281 provides that deeds or grants conveying to a political corporation real property or any interest therein or easement thereon for public purposes shall not be accepted for recordation without the consent of the grantee; and WHEREAS, the consent of the grantee may be shown by means of a resolution of said political corporation.
NOW, THEREORE, BE IT RESOLVED, by the City Council of the City of Guadalupe, as follows:
SECTION 1. That the Recitals set forth above are true and correct and incorporated herein by reference.
SECTION 2. That the quit claim deed to the Property, attached hereto as Exhibit 1, is accepted on behalf of the City, and that the City consents to the recordation of the quit claim deed.
SECTION 3. That if any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable.
SECTION 5. That 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 January 2026 by the following vote:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAINED:
I, Judy Wilson, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2026-03, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held January 13, 2026, and that same was approved and adopted.
ATTEST:
____________________________ _____________________________ Judy Wilson, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
_____________________________________
Philip F. Sinco, City Attorney
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Guadalupe
918 Obispo Street
P.O. Box 908
Guadalupe, CA 93434
______________________________________________________________________________ Assessor Parcel No. 115-071-001 Exempt from Recording Fees per Govt. Code §27383 Exempt from Documentary Transfer Tax per Calif.
Rev. & Tax. Code §11922
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the
SUCCESSOR AGENCY TO THE CITY OF GUADALUPE COMMUNITY
REDEVELOPMENT AGENCY, a public agency (“Transferor”), hereby remises, releases and forever quitclaims to the CITY OF GUADALUPE, a municipal corporation (“Grantee”), the real property located in Guadalupe, California, Santa Barbara County, State of California, described as:
LEGAL DESCRIPTION ATTACHED AS EXHIBIT “A”
IN WITNESS WHEREOF, Transferor has caused this instrument to be executed this ______ day of , 2025.
TRANSFEROR: Successor Agency to the
City of Guadalupe Community
Redevelopment Agency
By:
(Signature)
Name: David Trujillo, Executive Director
QUITCLAIM DEED
EXHIBIT 1
ACKNOWLEDGMENT
State of California )
County of )
On _________________________ before me, ______________________________________ (insert name and title of the officer)
personally appeared ___________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF
GUADALUPE, COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
COMMENCING ON THE SOUTHWESTERLY CORNER OF GUADALUPE AND TENTH (FORMERLY THIRD) STREETS AND RUNNING WESTERLY ALONG THE SOUTHERLY LINE OF TENTH (FORMERLY THIRD) STREET THREE HUNDRED FORTY-FOUR (344) FEET; THENCE AT A RIGHT ANGLE SOUTHERLY FIFTY (50) FEET; THENCE AT A RIGHT ANGLE EASTERLY THREE HUNDRED FORTY-FOUR (344) FEET; THENCE A RIGHT ANGLE NORTHERLY FIFTY (50) FEET TO THE POINT OF BEGINNING, BEING A PIECE OF LAND IN BLOCK FOUR (4) IN THE TOWN OF GUADALUPE.
APN/Parcel ID(s): 115-071-001
Santa Barbara Countywide Oversight Board
105 East Anapamu Street Rm. 303 Santa Barbara CA 93101 (805)568‐2100 SBCOversightBoard.org [email protected]‐Barbara.ca.us Rev 12/2019
BOARD AGENDA ITEM No. 6
FOR AGENDA: January 17, 2024
TO: MEMBERS OF THE COUNTYWIDE OVERSIGHT BOARD
FROM: Successor Agency to the Redevelopment Agency of the City of Guadalupe SUBJECT: Transfer of Property for Future Development
RECOMMENDATION(S):
That the Countywide Oversight Board adopt Resolution No. 2024‐__ entitled “Resolution of the Santa Barbara Countywide Oversight Board 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 & Safety Code Section 34181(a).” BACKGROUND INFORMATION:
The former Guadalupe Redevelopment Agency received a donation of a vacant 0.42‐acre commercial parcel located at 995 Guadalupe Street at the corner of Guadalupe Street and 10th Street (APN 115‐071‐ 001), known as the “Al’s Union Site” (and hereafter referred to as the “Property”). The Property was contaminated and designated by the State as Leaking Underground Fuel Tank (LUFT) Site #52010.
In 2011, the California Legislature enacted Assembly Bill 1x26 to eliminate redevelopment agencies (as amended to date, the “Dissolution Law”). In January 2012, the City of Guadalupe elected to serve as the Successor Agency to its former Redevelopment Agency (“Successor Agency”). As part of the dissolution process, the Successor Agency became successor in interest to various real property formerly owned by the Redevelopment Agency, including the Property.
Long Range Property Management Plan:
In accordance with the Dissolution Law, the Successor Agency submitted a “Long Range Property Management Plan” to the California Department of Finance (DOF) proposing that the Property be sold after remediation was completed. The DOF approved the Successor Agency’s Long Range Property Management Plan. The Successor Agency engaged in ongoing remediation of the Property, and after the remediation process was completed, received a letter dated June 30, 2022, from the Santa Barbara County Public Health Department providing a certification of completion of remedial action. The letter states that no further action is required related to the petroleum release at the site.
Surplus Land Act:
In addition to the Dissolution Law, the Successor Agency must comply with the California Surplus Land Act (Gov. Code, § 54220, et seq.) (“SLA”), which requires that before a local agency, including a Successor Agency, takes any action to sell or lease surplus property, it must declare the property to be either “surplus land” or “exempt surplus land”.
ATTACHMENT 2
The SLA defines “surplusland” asland owned in fee simple by any local agency for which the local agency’s governing body takes formal action in a regular meeting declaring that such land is surplus and is not necessary for the agency’s use. The SLA requires a local agency, including a Successor Agency, to declare such property to be either “surplus land” or “exempt surplus land” prior to taking any action to sell or lease the property.
The SLA further requires local agencies to give written notice of the availability of surplus lands to local public entities (“NOA”), including schools and park districts, within whose jurisdiction the property is located, as well as to housing sponsors that have notified HCD of their interest in surplus properties. The SLA imposes a mandatory negotiation process giving priority to affordable housing development.
On June 13, 2023, the Successor Agency declared the Property as “surplus land.” On June 27, 2023, the Successor Agency issued a NOA for the Property. The Successor Agency did not receive any responses to the NOA expressing an interest in acquiring the Property within the 60‐day noticing period, which expired on August 28, 2023.
By letter dated September 19, 2023, the Successor Agency informed the California Department of Housing and Community Development (“HCD”) that the Successor Agency had fulfilled its obligations pursuant the SLA such that it was permitted to dispose of the Property without regard to the provisions of the SLA. The Successor Agency received a letter from HCD dated October 9, 2023, determining that the Successor Agency had met the requirements of the SLA and is therefore permitted to sell or lease the Property.
Countywide Oversight Board and Department of Finance Approval:
As part of the dissolution of the former Redevelopment Agency, Health & Safety Code Section 34177(e) requires the Oversight Board to direct the Successor Agency to dispose of any real property held by the Successor Agency. The LRPMP stated that the Property would be sold by the Successor Agency, but since the LRPMP was approved, the Successor Agency has decided to dispose of the Property in a manner not contemplated by the LRPMP. In order for this to occur, the Successor Agency is required to obtain the approval of the Oversight Board and the Department of Finance. The Successor Agency approved the transfer on November 28, 2023 by adoption of Successor Agency Resolution 2023‐03.
DISCUSSION:
Staff recommends that the Resolution approving the transfer of the Property to the City for future development be adopted. The Property is the last parcel of real property held by the Successor Agency, and must be “disposed of” prior to the Successor Agency’s filing of a “Last & Final ROPS” (LFROPS). The Successor Agency desires to file a LFROPS as soon as practical in order to minimize the time and expense required to maintain the Successor Agency. Once a LFROPS is prepared and approved, the Successor Agency will no longer be required to prepare and submit an annual ROPS to the Countywide Oversight Board and Department of Finance. Health and Safety Code Section 34191.6(a) states that successor agencies that have received a Finding of Completion may file a Last and Final ROPS when the following conditions are met: 1) the remaining debt is limited to administrative costs and payments pursuant to enforceable obligations with defined payment schedules; 2) all remaining obligations have been previously listed on the ROPS and approved for payment by the Department of Finance (“DOF”); and 3) the Successor Agency is not party to outstanding or unresolved litigation.
Accordingly, the Successor Agency must dispose of thislast piece of real property in order to file a LFROPS.
Transfer of the Property to the City for future development will require that the City enter into a “Compensation Agreement” requiring that the City share any profit made from the future sale or operation of the Property with the Taxing Entities, in accordance with Health & Safety Code Section 34180(f).
A proposed form of Compensation Agreement to be entered into between the City and the Taxing Entities is attached hereto. The Compensation Agreement sets forth how proceeds from the sale of the Property will be distributed to the Taxing Entities when the City conveys the Property to a private developer for development, or, if the Property is used for an interim use, when the Property is operated at a profit. The net proceeds received by the City from the interim use and/or ultimate sale of the Property to a private developer will be remitted to the Santa Barbara County Auditor‐Controller who will then distribute the net proceeds to the Taxing Entities in proportion to their normal respective property tax shares.
The attached Successor Agency Resolution No. 2023‐03 authorizes the Successor Agency, upon approval by the Countywide Oversight Board and DOF, and full execution of the Compensation Agreement, to convey the Property to the City for future development.
The Countywide Oversight Board’s Resolution approving such transfer must be transmitted to the Department of Finance (“DOF”). DOF has five (5) days after submittal to request a review and one hundred (100) days thereafter to review the Countywide Oversight Board Resolution if it decides to do so.
ATTACHMENT(S): ☒
Exhibit A Successor Agency Resolution 2023‐03;
Exhibit B HCD Letter dated October 9, 2023;
Exhibit C Form of Compensation Agreement
SBCOB Counsel Concurrence: Choose an item.
Exhibit A
Exhibit B
SLA067
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
October 9, 2023
Todd Bodem, Executive Director
City of Guadalupe
918 Obispo Street
Guadalupe, CA 93434
Dear Todd Bodem:
RE: Written Comments Regarding the City of Guadalupe’s Surplus Land Disposition Documentation for the Property at 995 Guadalupe Street (APN 115-071-001)
Thank you for submitting your surplus land documentation, on behalf of the City of Guadalupe (City), for review by the California Department of Housing and Community Development (HCD). We received your documentation on September 22, 2023. This letter constitutes HCD’s written comments pursuant to Government Code section 54230.5 of the Surplus Land Act (SLA), for the property located at APN 115-071-001, including provisional permission to proceed with the sale or lease.
According to your letter and included documents, a Resolution declaring the property to be surplus was issued on June 13, 2023 and Notices of Availability (NOA) were sent to all the required entities on June 27, 2023. During the required 60-day period, no affordable housing entity expressed interest in the property. The City has enclosed the appropriate draft affordability covenant, requiring 15 percent affordable housing, to be recorded against the property.
If the submitted documentation is complete and accurate, HCD determines that you have met all the requirements under the SLA for the purposes of disposing of the surplus land located at APN 115-071-001. The City is permitted to proceed with the sale or lease of the property.
If you have any questions or need additional technical assistance, please contact Mathew Manweller, Senior Housing Policy Specialist, at [email protected].
Sincerely,
Laura Nunn
Senior Manager, Housing Accountability Unit
Housing Policy Division
Exhibit C
Exhibit C Compensation Agreement (Al's Union) 010824 Clean 1
COMPENSATION AGREEMENT PURSUANT TO HEALTH
AND SAFETY CODE SECTION 34180(f) FOR TRANSFER OF
THE AL’S UNION PROPERTY FOR FUTURE
DEVELOPMENT ACTIVITY
This Agreement, dated for reference purposes as of , 202 [INSERT DATE OF TRANSER OF PROPERTY TO CITY] is entered into by and among the following public agencies (all of which are sometimes referred to individually as a “Party” and collectively as the “Parties”:
City of Guadalupe (“City”);
County of Santa Barbara (“County”);
Santa Maria Public Airport District (“Airport District”); Guadalupe Cemetery District (“Cemetery District”);
Cachuma Resource Conservation District (“Resource Conservation District”); Santa Maria Valley Water Conservation District (“Water Conservation District”); Guadalupe Union School District (“Guadalupe USD”);
Santa Maria Joint Union High School District (“Santa Maria JUHSD”); Allan Hancock Community College District (“Allan Hancock CCD”); and Santa Barbara County Education Office (“Office of Education”).
The Parties to this Agreement (other than the City) are sometimes referred to individually as a “Taxing Entity” and collectively as the “Taxing Entities.”
RECITALS
A. These Recitals refer to and utilize certain capitalized terms which are defined in Section 1 of this Agreement. The Parties intend to refer to those definitions in connection with the use thereof in this Agreement.
B. Pursuant to Assembly Bill xl 26, effective February 1, 2012, the Redevelopment Agency of the City of Guadalupe (“Redevelopment Agency”) was dissolved, and pursuant to Health and Safety Code Section 34173, the City serves as the successor agency to the dissolved Redevelopment Agency (the “Successor Agency”).
C. Pursuant to Health and Safety Code Section 34191.5, the Successor Agency prepared a Long-Range Property Management Plan (“LRPMP”) that addresses disposition of the real property formerly owned by the Redevelopment Agency.
D. On February 26, 2015, the LRPMP was approved by OB Resolution No. 2015- 02 of the Oversight Board to the Successor Agency (the “Oversight Board”).
E. On September 4, 2015, the State Department of Finance (“DOF”) approved the LRPMP.
F. The former Redevelopment Agency received a donation of a vacant 0.42-acre commercial parcel located at 995 Guadalupe Street at the corner of Guadalupe Street and 10th Exhibit C Compensation Agreement (Al's Union) 010824 Clean 2 Street (APN 115-071-001), known as the “Al’s Union Site” (and hereafter referred to as the “Property”). The Property was contaminated and designated by the State as Leaking Underground Fuel Tank (LUFT) Site #52010.
G. The LRPMP called for the sale of the Property by the Successor Agency. Since the approval of the LRPMP, the Successor Agency has engaged in ongoing remediation of the Property, and after the remediation process was completed, received a letter dated June 30, 2022, from the Santa Barbara County Public Health Department providing a certification of completion of remedial action. The letter states that no further action is required related to the petroleum release at the site.
H. The California Surplus Land Act (Gov. Code, § 54220, et seq.) (“SLA”), requires that before a local agency, including a Successor Agency, takes any action to sell or lease surplus property (including a transfer to the City), it must declare the property to be either “surplus land” or “exempt surplus land”. The SLA further requires local agencies to give written notice of the availability of surplus lands to local public entities (“NOA”), within whose jurisdiction the property is located, as well as to housing sponsors that have notified HCD of their interest in surplus properties. The SLA imposes a mandatory negotiation process giving priority to affordable housing development.
I. On June 13, 2023, the Successor Agency declared the Property as “surplus land.” On June 27, 2023, the Successor Agency issued a NOA for the Property. The Successor Agency did not receive any responses to the NOA expressing an interest in acquiring the Property within the 60-day noticing period, which expired on August 28, 2023. By letter dated September 19, 2023, the Successor Agency informed the California Department of Housing and Community Development (“HCD”) that the Successor Agency had fulfilled its obligations pursuant the SLA such that it was permitted to dispose of the Property without regard to the provisions of the SLA.
The Successor Agency received a letter from HCD dated October 9, 2023 determining that the Successor Agency had met the requirements of the SLA and was therefore permitted to transfer, sell or lease the Property.
J. Instead of selling the Property to a third party, the Successor Agency elected to transfer the Property to the City for future development. The Successor Agency is charged with winding down the affairs of the former redevelopment agency, and transfer of the Property to the City expedites the wind-down of the Successor Agency.
K. Transfer of the Property to the City was approved by the Countywide Oversight Board on [January 17, 2024]. The Department of Finance approved the transfer of the Property to the City on _______________, 2024.
L. Health and Safety Code Section Code 34180(f) requires execution of a compensation agreement among the City and the Taxing Entities providing for specified proceeds of the City’s subsequent disposition of the Property to be distributed to the Taxing Entities in accordance with their proportional shares of the base property tax revenues.
M. This Agreement constitutes such compensation agreement. The Property was transferred to the City on , 2024.
Exhibit C Compensation Agreement (Al's Union) 010824 Clean 3 N. The Property is currently vacant land. The Successor Agency did not receive any responses to its NOA for development of the Property in 2023. Though the City anticipates selling the Property for future development, prior to the disposition of the Property to a third party, the City may use the Property for a municipal use or other uses in accordance with the City’s General Plan and applicable laws.
O. City and the Taxing Entities desire to enter into this Agreement to provide for the distribution of net proceeds upon (i) the interim use of the Property, if any, and (ii) the sale of the Property to a third party developer for future development.
P. The Parties further desire to enter into this Agreement to provide for the execution of an appropriate compensation agreement in accordance with Health and Safety Code Section 34180(f).
NOW, THEREFORE, the Parties agree as follows:
Section 1. Definitions. The following definitions shall apply in this Agreement:
(a) “Agreement” means this Compensation Agreement Pursuant To Health and Safety Code Section 34180(f) for Transfer of Al’s Union Property For Future Development Activity, as may be amended from time to time.
(b) “Applicable Fiscal Year” means each Fiscal Year of the City in which the City receives Interim Municipal Use Annual Operating Proceeds from an Interim Municipal Use of one or more of the Properties, as more fully described in Section 7. (c) “Applicable Shares” has the meaning given in Section 6(a). (d) “Auditor-Controller” means the Santa Barbara County AuditorController. (e) “City” means the City of Guadalupe.
(f) “DDA” means, with respect to the Property, the disposition and development agreement between the City and a Developer for the Property. (g) “Developer” means, with respect to the Property, the developer to which the City disposes of the Property pursuant to a DDA.
(h) “Disposition Proceeds” means, with respect to the Property, the gross purchase price and other compensation, if any, actually received by the City from the Developer in consideration for the disposition of the Property pursuant to the DDA, less the sum of the City’s actual costs for the following items (but only to the extent paid from City funds and not from funds provided by the Successor Agency, a Developer, or another separate entity), each to be documented in reasonable detail in the Disposition Proceeds Statement for the Property:
(1) the City’s actual, reasonable costs for normal maintenance, management and insurance of the applicable Property from the date the Property was transferred Exhibit C Compensation Agreement (Al's Union) 010824 Clean 4 by the Successor Agency to the City to the date the Property is disposed of by the City to the Developer pursuant to the DDA;
(2) the City’s actual costs of any rehabilitation, improvement to alleviate blight, and capital improvements or repairs to maintain the Property in a safe and lawful condition incurred from the date the Property is transferred by the Successor Agency to the City to the date the Property is disposed of by the City to the Developer pursuant to the DDA; (3) the City’s actual costs of site preparation, including hazardous materials remediation and pollution legal liability insurance premiums, if any, required to be paid by the City under the DDA for the applicable Property to prepare the Property for disposition;
(4) the City’s actual, reasonable costs to pay third party vendors for appraisal, legal, real estate consultant and marketing, title company, title insurance and other costs related to Developer selection, DDA preparation and approval, and closing costs for disposition of the Property; plus
(5) any broker’s commissions payable by the City pursuant to the DDA for the Property.
(i) “Disposition Proceeds Receipt Date” means, with respect to each Property, the date on which the City receives the proceeds from the disposition of that Property to the Developer pursuant to the DDA.
(j) “Disposition Proceeds Statement” means, with respect to each Property, the statement prepared by the City and delivered to the Taxing Entities in accordance with Section 5(b).
(k) “DOF” means the California Department of Finance.
(l) “Effective Date” has the meaning given in Section 2. (m) “ERAF” means the Educational Revenue Augmentation Fund maintained by the Auditor-Controller.
(n) “Fiscal Year” means the fiscal year of the City in effect from time to time.
The current Fiscal Year period of the City commences on July 1 of each calendar year and ends on the following June 30.
(o) “Former RDA” means the Redevelopment Agency of the City of Guadalupe.
(p) “Interim Municipal Use” means an interim use by the City of the Property, such as for a municipal or government use, landscape features, parking lots available for community events, and other similar uses.
Exhibit C Compensation Agreement (Al's Union) 010824 Clean 5 (q) “Interim Municipal Use Annual Operating Proceeds” means, for each Applicable Fiscal Year, the gross revenue actually received by the City from an Interim Municipal Use of the Property as documented in reasonable detail in the Operating Proceeds Statement for the Applicable Fiscal Year.
(r) “LRPMP” means the Long-Range Property Management Plan of the Successor Agency.
(s) “Operating Proceeds Statement” means, with respect to each Applicable Fiscal Year, the statement prepared by the City and delivered to the Taxing Entities in accordance with Section 7(c).
(t) “Oversight Board” means the Successor Agency’s oversight board established and acting in accordance with the Redevelopment Dissolution Statutes. (u) “Parties” means all of the parties to this Agreement as set forth in the opening paragraph of this Agreement. “Party” means one of the Parties individually. (v) “Property” means the following parcel of real property that is owned by the City and subject to the terms of this Agreement:
(1) a vacant 0.42-acre commercial parcel located at 995 Guadalupe Street at the corner of Guadalupe Street and 10th Street (APN 115-071-001). (w) “Redevelopment Dissolution Statutes” means collectively ABxl 26 enacted in June 2011, as amended to date.
(x) “Redevelopment Plan” means the [Consolidated Amended and Restated Redevelopment Plan for the Guadalupe Merged Redevelopment Project] adopted by the City Council of the City by Ordinance No. __________ on ____________. (y) “Successor Agency” means the Successor Agency to the Guadalupe Redevelopment Agency.
(z) “Taxing Entities” means, collectively, the following entities that comprise affected taxing entities for purposes of the Redevelopment Dissolution Statutes:
City of Guadalupe (“City”);
County of Santa Barbara (“County”);
Santa Maria Public Airport District (“Airport District”); Guadalupe Cemetery District (“Cemetery District”);
Cachuma Resource Conservation District (“Resource Conservation District”); Santa Maria Valley Water Conservation District (“Water Conservation District”); Guadalupe Union School District (“Guadalupe USD”);
Santa Maria Joint Union High School District (“Santa Maria JUHSD”); Allan Hancock Community College District (“Allan Hancock CCD”); and Santa Barbara County Education Office (“Office of Education”).
Exhibit C Compensation Agreement (Al's Union) 010824 Clean 6 Section 2. Effectiveness of Agreement. This Agreement shall become effective only upon satisfaction of the following conditions:
(a) Approval of this Agreement by the City and direction by the City Council to execute and implement this Agreement pursuant to Health and Safety Code Section 34180(f) (the “City Action”);
(b) Approval by the Oversight Board for transfer of the Property to the City for future development. The transfer was approved by the Oversight Board on [January 17, 2024].
(c) Approval by DOF of the Oversight Board action approving the transfer.
DOF notified the Oversight Board and Successor Agency of its approval of the transfer by letter dated , 2024.
(d) Signature of this Agreement by each of the parties hereto. Promptly following the effectiveness of this Agreement, the City and the Successor Agency shall transmit notice to all the other Parties that the Agreement is effective and specifying the date the Agreement became effective (the “Effective Date”).
Once effective, the terms and conditions of this Agreement shall apply retroactively to the date the Properties were transferred to the City by the Successor Agency.
Section 3. Signatories With Respect To Certain Funds.
(a) City. The City of Guadalupe administers the following funds, and in addition to entering into this Agreement for the City itself, the City is authorized to, and has entered into and executed this Agreement on behalf of the following:
• Fund #0640 City of Guadalupe (12.8351938% of 22-23 Tax Base) • Fund #0680 Guadalupe Lighting (3.8440946% of 22-23 Tax Base) (b) County. The County administers the following special districts and funds, and in addition to entering into this Agreement for the County itself, the County is authorized to, and has entered into and executed this Agreement on behalf of the following:
• Fund #0001 General (15.9892704% of 22-23 Tax Base)
• Fund #2280 Fire Protection District (0% of 22-23 Tax Base) • Fund #2400 Flood Ctr/Water Conservation District (0.2155233% of 22-23 Tax Base)
• Fund #2460 Guadalupe Flood Zone Number 3 (0.8584783% of 22-23 Tax Base)
• Fund #2570 SM River Levee Maintenance Zone (0.1234373% of 22-23 Tax Base)
• Fund #3050 Water Agency (0.2684557% of 22-23 Tax Base) • Fund #9802 Education Revenue Augmentation (ERAF)
(11.9251073% of 22-23 Tax Base)
Exhibit C Compensation Agreement (Al's Union) 010824 Clean 7 (c) Airport District. The Airport District administers the following special district and fund, and in addition to entering into this Agreement for the Airport District itself, the Airport District is authorized to, and has entered into and executed this Agreement on behalf of the following:
• Fund #3210 Santa Maria Public Airport Dst (0.9576147% of 22- 23 Tax Base)
(d) Cemetery District. The Cemetery District administers the following special district and fund, and in addition to entering into this Agreement for the Cemetery District itself, the Cemetery District is authorized to, and has entered into and executed this Agreement on behalf of the following:
• Fund #3280 Guadalupe Cemetery District (1.9151936% of 22-23 Tax Base)
(e) Resource Conservation District. The Resource Conservation District administers the following special district and fund, and in addition to entering into this Agreement for the Resource Conservation District itself, the Resource Conservation District is authorized to, and has entered into and executed this Agreement on behalf of the following:
• Fund #4500 Cachuma Resource Cons Dist (0.0022189% of 22-23 Tax Base)
(f) Water Conservation District. The Water Conservation District administers the following special district and fund, and in addition to entering into this Agreement for the Water Conservation District itself, the Water Conservation District is authorized to, and has entered into and executed this Agreement on behalf of the following:
• Fund #5700 SM Vly Wtr Cons -General (0.3784720% of 22-23 Tax Base)
(g) Guadalupe USD. Guadalupe USD administers the following special district and fund, and in addition to entering into this Agreement for Guadalupe USD itself, Guadalupe USD is authorized to, and has entered into and executed this Agreement on behalf of the following:
• Fund #6901 Guadalupe Union Sch Dist-Gen. (28.4494279% of 22-23 Tax Base)
(h) Santa Maria JUHSD. Santa Maria JUHSD administers the following special district and fund, and in addition to entering into this Agreement for Santa Maria JUHSD itself, Santa Maria JUHSD is authorized to, and has entered into and executed this Agreement on behalf of the following:
• Fund #8301 SMJH District-General (15.3884393% of 22-23 Tax Base)
Exhibit C Compensation Agreement (Al's Union) 010824 Clean 8 (i) Allan Hancock CCD. Allan Hancock CCD administers the following special district and fund, and in addition to entering into this Agreement for Allan Hancock CCD itself, Allan Hancock CCD is authorized to, and has entered into and executed this Agreement on behalf of the following:
• Fund #9410 Allan Hancock CC District-Gen (4.0807335% of 22- 23 Tax Base)
(j) Office of Education. The Office of Education (i.e., the office of the Santa Barbara County Superintendent of Schools) administers the following special fund and in addition to entering into this Agreement for the Office of Education itself, the Office of Education is authorized to, and has entered into and executed this Agreement on behalf of the following:
• Fund #9801 County School Service (2.7683393% of 22-23 Tax Base)
Section 4. Conveyance of Property To City. In consideration for the distributions to the Taxing Entities by the City through the Auditor-Controller set forth in Section 6 (updated as to percentages for the year in which the distribution occurs), the Successor Agency did convey, and the City did accept, all of the interest in and to the Properties (subject to the special provisions regarding the conveyance of the Properties).
Section 5. Disposition of Property By City. Within a time frame determined by the City to yield a financially feasible and marketable development, the City shall use diligent good faith efforts to select a Developer for the Property, negotiate and obtain approval and execution of the DDA for the Property, and dispose of the Property to the Developer in accordance with the applicable DDA. City shall obtain the Disposition Proceeds for distribution through the Auditor-Controller to the Taxing Entities pursuant to Section 6 and to enable development of each Property in accordance with the Redevelopment Plan. As required by Government Code Section 52201, the purchase price payable to the City for the Property under the applicable DDA shall be an amount that is determined to be not less than the Property’s fair market value at highest and best use, or the Property’s fair reuse value at the use and with the covenants and conditions and development costs authorized by the applicable DDA.
By not later than the date of first published notice of the City Council public hearing for the applicable DDA (the “DDA Public Hearing Notice”), the City shall provide each Taxing Entity with a copy of the DDA Public Hearing Notice (including the date, time and location of the public hearing and the location at which the proposed DDA may be inspected and copied), and a statement setting forth the proposed purchase price to be paid to the City under the proposed DDA.
Upon the execution of the DDA for the Property, the City shall transmit a copy of the executed DDA to the other Parties.
Exhibit C Compensation Agreement (Al's Union) 010824 Clean 9 Section 6. Compensation To Taxing Entities Related To Disposition Proceeds. (a) Distribution of Disposition Proceeds. Within fifteen (15) days after the Disposition Proceeds Receipt Date with respect to the Property, the City shall remit the Disposition Proceeds for the Property to the Auditor-Controller for subsequent distribution by the Auditor-Controller among the Taxing Entities in proportion to their shares of the base property tax (the “Applicable Shares”), as determined by the Auditor- Controller pursuant to Health and Safety Code Section 34188. The attached Exhibit A shows, for illustrative purposes only, the Applicable Shares of the Taxing Entities that would have applied to a distribution under this Section 6 had the distribution been made for the fiscal 2022-23 year, as provided by the Auditor-Controller.
(b) Accounting Requirements. At the time of each distribution pursuant to subsection (a), the City shall provide to the Taxing Entities and the Auditor-Controller a statement prepared in accordance with sound accounting practice that provides the City’s calculation of the Disposition Proceeds (the “Disposition Proceeds Statement”). The City shall keep complete, accurate and appropriate books and records of its calculation of the Disposition Proceeds with respect to each distribution. The Auditor- Controller shall have the right, on behalf of the Taxing Entities and upon reasonable written notice to City, to audit and examine such books, records and documents and other relevant items in the possession of City, but only to the extent necessary for a proper determination of Disposition Proceeds.
Section 7. Compensation To Taxing Entities Related To Interim Municipal Use Annual Operating Proceeds.
(a) Applicability. The provisions of this Section 7 shall apply for each Fiscal Year in which the Property is used for an Interim Municipal Use and generates Interim Municipal Use Annual Operating Proceeds to the City (each, an “Applicable Fiscal Year”). Nothing in this Agreement shall obligate the City to charge any fees or other amounts or to collect any revenues with respect to an Interim Municipal Use of any of the Properties. (b) Distribution of Interim Municipal Use Annual Operating Proceeds.
Within ninety (90) days after the end of each Applicable Fiscal Year, the City shall remit the Interim Municipal Use Annual Operating Proceeds for that Applicable Fiscal Year to the Auditor-Controller for subsequent distribution by the Auditor-Controller among the Taxing Entities in proportion to their Applicable Shares, as determined by the Auditor- Controller pursuant to Health and Safety Code Section 34188. The attached Exhibit A shows, for illustrative purposes only, the Applicable Shares of the Taxing Entities that would have applied to a distribution under this Section 7 had the distribution been made for the fiscal 2022-23 year, as provided by the Auditor-Controller.
(c) Governmental, Public and Community Uses Permitted. The City may use the Property for any interim use permitted by applicable laws, and may permit the Taxing Entities to use the Property without charge. The City shall have no obligation to permit the Taxing Entities to use the Property for fee-generating uses, use by for-profit third parties, political or campaign-related uses, or any other use not related to the governmental purposes of the Taxing Entities. The City may permit fundraising uses supporting the governmental purposes of the Taxing Entities or the community in the City’s sole and absolute discretion.
Exhibit C Compensation Agreement (Al's Union) 010824 Clean 10 (d) Accounting Requirements. At the time of each distribution pursuant to subsection (a), the City shall provide to the Taxing Entities and the Auditor- Controller a statement prepared in accordance with sound accounting practice that provides the City’s calculation of the Interim Municipal Use Annual Operating Proceeds (the “Operating Proceeds Statement”). The City shall keep complete, accurate and appropriate books and records of its calculation of the Interim Municipal Use Annual Operating Proceeds with respect to each distribution. The Auditor-Controller shall have the right, on behalf of the Taxing Entities and upon reasonable written notice to City, to audit and examine such books, records and documents and other relevant items in the possession of City, but only to the extent necessary for a proper determination of the Interim Municipal Use Annual Operating Proceeds.
Section 8. Term of Agreement: Early Termination.
(a) Term. The term of this Agreement shall commence on the Effective Date and, unless sooner terminated as otherwise provided in this Agreement, shall expire upon (i) the earlier to occur of twenty-five (25) years from the date set forth above, or (ii) the distribution by the City of all amounts owed to the Taxing Entities under this Agreement. (b) Early Termination. Notwithstanding any other provision of this Agreement, the City may terminate this Agreement upon written notice to the other Parties if a court order, legislation, or DOF policy reverses DOF’s directive regarding the need for this Agreement and the payment of compensation by the City pursuant to Health and Safety Code Section 34180(1) (an “Early Termination”). An Early Termination shall become effective five (5) days after the City delivers the required notice to the other Parties in accordance with Section 9(a). Upon effectiveness of an Early Termination, no Party shall have any further rights or obligations under this Agreement, and the City may retain the Disposition Proceeds from the disposition of any Property for which the City has not yet received the Disposition Proceeds as of the effective date of the Early Termination, and may retain any Interim Municipal Use Annual Operating Proceeds for which the City was not required to make the distribution to the Taxing Entities as of the effective date of the Early Termination; provided, however, that the City shall have no right to recover any Disposition Proceeds or any Interim Municipal Use Annual Operating Proceeds from any Taxing Entity that were distributed by the City prior to the effective date of the Early Termination.
Section 9. Miscellaneous Provisions.
(a) Rights of the City. The Parties acknowledge and agree that, pursuant to the Redevelopment Dissolution Statutes, the City is entitled to receive fee title to the Property from the Successor Agency at no cost, subject only to this Agreement. Except for the right to receive Disposition Proceeds (if any) pursuant to Section 6 and the right to receive Interim Municipal Use Annual Operating Proceeds (if any) pursuant to Section 7, the Parties hereby expressly acknowledge and agree as follows:
(b) The Taxing Entities (other than the City) shall have no right, title or interest in or to the Property, and
Exhibit C Compensation Agreement (Al's Union) 010824 Clean 11 (c) The Taxing Entities (other than the City), shall have no consent or approval rights with respect to the use of the Property or any part thereof, the development of the Property, the sale, conveyance, or transfer of the Property or any part thereof, any encumbrance of any portion of the Property, or any other matters relating to the Property during or following the Term hereof, except to the extent such Taxing Entities have regulatory authority with respect to such matters pursuant to applicable laws, and (d) The Taxing Entities shall have no right to receive any payment or other compensation in connection with a sale of the Property by the City, including any percentage or portion of the proceeds of such sale, except for such Taxing Entity’s share of Disposition Proceeds as set forth in Section 6. In this regard, the Parties acknowledge and agree that the City may (but is not required to) spend money to renovate the Property in connection with any Interim Municipal Use and that such renovations, or other circumstances or market conditions, may increase the value of the Property. Such renovation costs, if any, may be deducted by the City in calculating Disposition Proceeds or Interim Municipal Use Annual Operating Proceeds, as applicable.
(e) Notices. All notices, statements, or other communications made pursuant to this Agreement to another Party or Parties shall be in writing, and shall be sufficiently given and served upon the Party if sent by (1) United States certified mail, return receipt requested, postage prepaid, or (2) nationally recognized overnight courier, with charges prepaid or charged to sender’s account, and addressed to the applicable Party at the address set forth on that Party’s signature page. Any Party may change its address for notice purposes by written notice to the other Parties prepared and delivered in accordance with the provisions of this Section. (f) No Third Party Beneficiaries. No person or entity other than the Parties and their permitted successors and assigns, shall have any right of action under this Agreement. (g) Litigation Regarding Agreement. In the event litigation is initiated attacking the validity of this Agreement, each Party shall in good faith defend and seek to uphold the Agreement and shall be responsible for its own legal fees and costs. (h) State Law; Venue. This Agreement, and the rights and obligations of the Parties hereto, shall be construed and enforced in accordance with the laws of the State of California. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior Court of Santa Barbara County, California or in the Federal District Court for the Central District of California.
(i) Attorneys’ Fees . In any action which a Party brings to enforce its rights hereunder, the unsuccessful Party or Parties shall pay all costs incurred by the prevailing party, including reasonable attorneys’ fees and costs.
(j) Entire Agreement; Amendment. This Agreement constitutes the entire and integrated agreement of the Parties and supersedes all prior negotiations, representations, or agreements, either written or oral, with respect to the subject matter hereof. This Agreement may be modified only in writing and only if signed by all of the Parties, except as otherwise provided below.
Exhibit C Compensation Agreement (Al's Union) 010824 Clean 12 (k) Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. The signature page of any counterpart may be detached therefrom without impairing the legal effect of the signature(s) thereon, provided such signature page is attached to any other counterpart identical thereto having additional signature pages executed by the other Parties.
Any executed counterpart of this Agreement may be delivered to the other Parties by facsimile and shall be deemed as binding as if an originally signed counterpart was delivered. (l) Non-Waiver. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement will be effective unless it is in writing and signed by the waiving Parties.
(m) No Partnership. Nothing contained in this Agreement shall be construed to constitute any Party as a partner, employee, joint venturer, or agent of any other Party. (n) Ambiguities. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party does not apply in interpreting this Agreement. (o) Exhibits. The following exhibit is incorporated in this Agreement by reference:
Exhibit A: Taxing Entities Applicable Shares of Property Taxes (p) Severability. If any term, provision, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect unless an essential purpose of this Agreement is defeated by such invalidity or unenforceability.
(q) Action or Approval. Whenever action and/or approval by the City is required under this Agreement, the City Administrator or his or her designee may act on and/or approve such matter unless specifically provided otherwise, or unless the City Administrator determines in his or her discretion that such action or approval requires referral to the City Council for consideration.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date set forth in the opening paragraph of this Agreement. [signature pages S-1 through S-10 follow]
Exhibit C Compensation Agreement (Al's Union) 010824 Clean S-1 IN WITNESS WHEREOF, the City has executed this Compensation Agreement by its authorized representative, as indicated below, on behalf of the entities and funds set forth in Section 3 of this Agreement.
CITY OF GUADALUPE, a municipal corporation
By:
Name:
Title:
Attest by:
Approved as to form:
City Attorney
Address for Notices:
City of Guadalupe
918 Obispo Street
PO Box 918
Guadalupe, CA 93434
SIGNATURES CONTINUE ON FOLLOWING PAGES
Exhibit C Compensation Agreement (Al's Union) 010824 Clean S-2 The County has executed this Compensation Agreement by its authorized representative, as indicated below, on behalf of the entities and funds set forth in Section 3 of this Agreement.
COUNTY OF SANTA BARBARA, a political
subdivision of the State of California
By:
Name:
Title:
Attest by:
Approved as to form:
County Counsel
Address for Notices:
County of Santa Barbara
[insert address for notices]
SIGNATURES CONTINUE ON FOLLOWING PAGES
Exhibit C Compensation Agreement (Al's Union) 010824 Clean S-3 The Airport District has executed this Compensation Agreement by its authorized representative, as indicated below, on behalf of the entities and funds set forth in Section 3 of this Agreement.
SANTA MARIA PUBLIC AIRPORT
DISTRICT
By:
Name:
Title:
Attest by:
Approved as to form:
Address for Notices:
Santa Maria Public Airport District
[insert address for notices]
SIGNATURES CONTINUE ON FOLLOWING PAGES
Exhibit C Compensation Agreement (Al's Union) 010824 Clean S-4 The Cemetery District has executed this Compensation Agreement by its authorized representative, as indicated below, on behalf of the entities and funds set forth in Section 3 of this Agreement.
GUADALUPE CEMETERY DISTRICT
By:
Name:
Title:
Attest by:
Approved as to form:
Address for Notices:
Guadalupe Cemetery District
[insert address for notices]
SIGNATURES CONTINUE ON FOLLOWING PAGES
Exhibit C Compensation Agreement (Al's Union) 010824 Clean S-5 The Resource Conservation District has executed this Compensation Agreement by its authorized representative, as indicated below, on behalf of the entities and funds set forth in Section 3 of this Agreement.
CACHUMA RESOURCE CONSERVATION
DISTRICT
By:
Name:
Title:
Attest by:
Approved as to form:
Address for Notices:
Cachuma Resource Conservation District
[insert address for notices]
SIGNATURES CONTINUE ON FOLLOWING PAGES
Exhibit C Compensation Agreement (Al's Union) 010824 Clean S-6 The Water Conservation District has executed this Compensation Agreement by its authorized representative, as indicated below, on behalf of the entities and funds set forth in Section 3 of this Agreement.
SANTA MARIA VALLEY WATER
CONSERVATION DISTRICT
By:
Name:
Title:
Attest by:
Approved as to form:
Address for Notices:
Santa Maria Valley Water Conservation District
[insert address for notices]
SIGNATURES CONTINUE ON FOLLOWING PAGES
Exhibit C Compensation Agreement (Al's Union) 010824 Clean S-7 The Guadalupe USD has executed this Compensation Agreement by its authorized representative, as indicated below, on behalf of the entities and funds set forth in Section 3 of this Agreement.
GUADALUPE UNION SCHOOL DISTRICT
By:
Name:
Title:
Attest by:
Approved as to form:
Address for Notices:
Guadalupe Union School District
[insert address for notices]
SIGNATURES CONTINUE ON FOLLOWING PAGES
Exhibit C Compensation Agreement (Al's Union) 010824 Clean S-8 The Santa Maria JUHSD has executed this Compensation Agreement by its authorized representative, as indicated below, on behalf of the entities and funds set forth in Section 3 of this Agreement.
SANTA MARIA JOINT UNION HIGH
SCHOOL DISTRICT
By:
Name:
Title:
Attest by:
Approved as to form:
Address for Notices:
Santa Maria Joint Union High School District
[insert address for notices]
SIGNATURES CONTINUE ON FOLLOWING PAGES
Exhibit C Compensation Agreement (Al's Union) 010824 Clean S-9 The Allan Hancock CCD has executed this Compensation Agreement by its authorized representative, as indicated below, on behalf of the entities and funds set forth in Section 3 of this Agreement.
ALLAN HANCOCK COMMUNITY
COLLEGE DISTRICT
By:
Name:
Title:
Attest by:
Approved as to form:
Address for Notices:
Allan Hancock Community College District
[insert address for notices]
SIGNATURES CONTINUE ON FOLLOWING PAGES
Exhibit C Compensation Agreement (Al's Union) 010824 Clean S-10 The Office of Education has executed this Compensation Agreement by its authorized representative, as indicated below, on behalf of the entities and funds set forth in Section 3 of this Agreement.
SANTA BARBARA COUNTY EDUCATION
OFFICE
By:
Name:
Title:
Attest by:
Approved as to form:
Address for Notices:
Santa Barbara County Education Office
[insert address for notices]
Exhibit C Compensation Agreement (Al's Union) 010824 Clean EXHIBIT A
EXHIBIT A
ILLUSTRATIVE TAXING ENTITIES
APPLICABLE SHARES OF PROPERTY TAXES
Below is the allocation percentages for FY 22-23 for proceeds of a sale of an asset:
Exhibit D
Transmitted via email
February 21, 2024
Todd Bodem, City Administrator
City of Guadalupe
918 Obispo Street
Guadalupe, CA 93434
Determination of Oversight Board Action
The City of Guadalupe Successor Agency (Agency) notified the California Department of Finance (Finance) of its January 17, 2024 Oversight Board (OB) Resolution 24-03 on January 29, 2024.
Finance approved the Agency’s Long-Range Property Management Plan (LRPMP) on September 4, 2015. Health and Safety Code (HSC) section 34191.5 (f) states actions to implement the disposition of property pursuant to an approved LRPMP shall not require review by Finance. As such, Finance is taking no action on this OB Resolution. It should be noted that, pursuant to HSC section 34191.3, an approved LRPMP shall govern the disposition of property and any OB action taken related to an approved LRPMP should be consistent therewith.
This determination makes no approval of any item as an enforceable obligation. To the extent this OB action results in a request to approve an item on a Recognized Obligation Payment Schedule, Finance reserves the right to review such request in its entirety and such item may not be approved.
This is our determination with respect to the OB action taken.
Please direct inquiries to [email protected].
Sincerely,
Cheryl L. McCormick, CPA
Chief, Office of State Audits and Evaluations
cc: Joy Heuser Otsuki, Legal Counsel, Leibold McClendon & Mann, P.C.
Trevor Lysek, Division Chief Property Tax Division, Santa Barbara County Ed Price, Countywide Oversight Board Representative
ATTACHMENT 3
ATTACHMENT 4
Compensation Agreement (Al's Union) Final.docx 1
COMPENSATION AGREEMENT PURSUANT TO HEALTH AND
SAFETY CODE SECTION 34180(f) FOR TRANSFER OF
AL’S UNION PROPERTY FOR FUTURE DEVELOPMENT ACTIVITY
This Agreement, dated for reference purposes only as of January 14, 2025, is entered into by and among the following public agencies (all of which are sometimes referred to individually as a “Party” and collectively as the “Parties”:
City of Guadalupe (“City”);
County of Santa Barbara (“County”);
Santa Maria Public Airport District (“Airport District”); Guadalupe Cemetery District (“Cemetery District”);
Cachuma Resource Conservation District (“Resource Conservation District”); Santa Maria Valley Water Conservation District (“Water Conservation District”); Guadalupe Union School District (“Guadalupe USD”);
Santa Maria Joint Union High School District (“Santa Maria JUHSD”); Allan Hancock Community College District (“Allan Hancock CCD”); Santa Barbara County Education Office (“Office of Education”); Santa Barbara County Flood Control and Water Conservation District (“Flood Control District”);
Santa Barbara County Fire Protection District (“SBCFPD”); and Santa Barbara County Water Agency (“Water Agency”).
The Parties to this Agreement (other than the City) are sometimes referred to individually as a “Taxing Entity” and collectively as the “Taxing Entities.”
RECITALS
A. These Recitals refer to and utilize certain capitalized terms which are defined in Section 1 of this Agreement. The Parties intend to refer to those definitions in connection with the use thereof in this Agreement.
B. Pursuant to Assembly Bill xl 26, effective February 1, 2012, the Redevelopment Agency of the City of Guadalupe (“Redevelopment Agency”) was dissolved, and pursuant to Health and Safety Code Section 34173, the City serves as the successor agency to the dissolved Redevelopment Agency (the “Successor Agency”).
C. Pursuant to Health and Safety Code Section 34191.5, the Successor Agency prepared a Long-Range Property Management Plan (“LRPMP”) that addresses disposition of the real property formerly owned by the Redevelopment Agency.
D. On February 26, 2015, the LRPMP was approved by OB Resolution No. 2015- 02 of the Oversight Board to the Successor Agency (the “Oversight Board”).
E. On September 4, 2015, the State Department of Finance (“DOF”) approved the LRPMP.
ATTACHMENT 5
Compensation Agreement (Al's Union) Final.docx 2
F. The Successor Agency owns a portion of the former Al’s Union Site located at 995 Guadalupe Street, APN 115-071-001 (the “Property”). The LRPMP stated that the Property will be sold to a third party upon completion of remediation. The Successor Agency engaged in ongoing remediation of the Property, and after the remediation process was completed, received a letter dated June 30, 2022, from the Santa Barbara County Public Health Department providing a certification of completion of remedial action.
G. Because the Successor Agency desires to file a “Last & Final ROPS” (LFROPS) as soon as practicable, and the Successor Agency prefers to avoid the uncertain timing of locating a buyer to purchase the Property and negotiating a sale thereof, it sought and received approval from both the Successor Agency board and the Oversight Board to transfer the Property to the City for future development (a disposition not authorized for the Property by the LRPMP). The Successor Agency approved the transfer of the Property to the City for future development on November 28, 2023, and the Countywide Oversight Board approved the Successor Agency’s action on January 17, 2024.
H. The Dissolution Law permits the Property to be conveyed by the Successor to the City for future redevelopment activities consistent with the Redevelopment Plan, and requires that such conveyance to the City shall occur upon the full execution of a compensation agreement (the “Compensation Agreement”) between the City and the affected taxing entities (as listed in this Compensation Agreement, the “Taxing Entities”) for the distribution of net funds received, if any, from the sale of the Property.
I. The City and the Taxing Entities desire to enter into this Agreement to provide for the distribution of net proceeds upon (i) the interim use of the Property, if any, and (ii) the sale of the Property to a third party developer for future development.
J. The Parties further desire to enter into this Agreement to provide for the execution of an appropriate compensation agreement in accordance with Health and Safety Code Section 34180(f).
NOW, THEREFORE, the Parties agree as follows:
Section 1. Definitions. The following definitions shall apply in this Agreement:
(a) “Agreement” means this Compensation Agreement Pursuant To Health and Safety Code Section 34180(f) for Transfer of Al’s Union Property For Future Development Activity, as may be amended from time to time.
(b) “Applicable Fiscal Year” means each Fiscal Year of the City in which the City receives Interim Municipal Use Annual Operating Proceeds from an Interim Municipal Use of one or more of the Properties, as more fully described in Section 7. (c) “Applicable Shares” has the meaning given in Section 6(a). (d) “Auditor-Controller” means the Santa Barbara County AuditorController.
Compensation Agreement (Al's Union) Final.docx 3
(e) “City” means the City of Guadalupe.
(f) “DDA” means, with respect to the Property, the disposition and development agreement between the City and a Developer for that Property. (g) “Developer” means, with respect to the Property, the developer to which the City disposes of that Property pursuant to a DDA.
(h) “Disposition Proceeds” means, with respect to each Property, the gross purchase price and other compensation, if any, actually received by the City from the Developer in consideration for the disposition of the Property pursuant to the DDA, less the sum of the City’s actual costs for the following items (but only to the extent paid from City funds and not from funds provided by the Successor Agency, a Developer, or another separate entity), each to be documented in reasonable detail in the Disposition Proceeds Statement for the Property:
(1) the City’s actual, reasonable costs for normal maintenance, management and insurance of the applicable Property from the date the Property was transferred by the Successor Agency to the City to the date the Property is disposed of by the City to the Developer pursuant to the DDA;
(2) the City’s actual costs of any rehabilitation, improvement to alleviate blight, and capital improvements or repairs to maintain the Property in a safe and lawful condition incurred from the date the Property is transferred by the Successor Agency to the City to the date the Property is disposed of by the City to the Developer pursuant to the DDA; (3) the City’s actual costs of site preparation, including hazardous materials remediation and pollution legal liability insurance premiums, if any, required to be paid by the City under the DDA for the applicable Property to prepare the Property for disposition;
(4) the City’s actual, reasonable costs to pay third party vendors for appraisal, legal, real estate consultant and marketing, title company, title insurance and other costs related to Developer selection, DDA preparation and approval, and closing costs for disposition of the Property; plus
(5) any broker’s commissions payable by the City pursuant to the DDA for the Property.
(i) “Disposition Proceeds Receipt Date” means, with respect to each Property, the date on which the City receives the proceeds from the disposition of that Property to the Developer pursuant to the DDA.
(j) “Disposition Proceeds Statement” means, with respect to each Property, the statement prepared by the City and delivered to the Taxing Entities in accordance with Section 5(b).
(k) “DOF” means the California Department of Finance.
Compensation Agreement (Al's Union) Final.docx 4
(l) “Effective Date” has the meaning given in Section 2. (m) “ERAF” means the Educational Revenue Augmentation Fund maintained by the Auditor-Controller.
(n) “Fiscal Year” means the fiscal year of the City in effect from time to time.
The current Fiscal Year period of the City commences on July 1 of each calendar year and ends on the following June 30.
(o) “Former RDA” means the Redevelopment Agency of the City of Guadalupe.
(p) “Interim Municipal Use” means an interim use by the City of the Property, such as for community space, landscape features, parking lots available for community events, and other similar uses.
(q) “Interim Municipal Use Annual Operating Proceeds” means, for each Applicable Fiscal Year, the gross revenue actually received by the City from Interim Municipal Use of the Property, as documented in reasonable detail in the Operating Proceeds Statement for the Applicable Fiscal Year.
(r) “LRPMP” means the Long-Range Property Management Plan of the Successor Agency.
(s) “Operating Proceeds Statement” means, with respect to each Applicable Fiscal Year, the statement prepared by the City and delivered to the Taxing Entities in accordance with Section 7(c).
(t) “Oversight Board” means the Successor Agency’s oversight board established and acting in accordance with the Redevelopment Dissolution Statutes. (u) “Parties” means all of the parties to this Agreement as set forth in the opening paragraph of this Agreement. “Party” means one of the Parties individually. (v) “Property” means a vacant 0.42-acre commercial parcel located at 995 Guadalupe Street at the corner of Guadalupe Street and 10th Street in the City of Guadalupe (APN 115-071-001), known as the “Al’s Union Site.”
(w) “Redevelopment Dissolution Statutes” means collectively ABxl 26 enacted in June 2011, as amended to date.
(x) “Redevelopment Plan” means the Redevelopment Plan for the Guadalupe Redevelopment Project adopted by the City Council of the City by Ordinance No. 85-263 on December 19, 1985.
(y) “Successor Agency” means the Successor Agency to the Guadalupe Redevelopment Agency.
Compensation Agreement (Al's Union) Final.docx 5
(z) “Taxing Entities” means, collectively, the following entities that comprise affected taxing entities for purposes of the Redevelopment Dissolution Statutes:
City of Guadalupe (“City”);
County of Santa Barbara (“County”);
Santa Maria Public Airport District (“Airport District”); Guadalupe Cemetery District (“Cemetery District”);
Cachuma Resource Conservation District (“Resource Conservation District”); Santa Maria Valley Water Conservation District (“Water Conservation District”); Guadalupe Union School District (“Guadalupe USD”);
Santa Maria Joint Union High School District (“Santa Maria JUHSD”); Allan Hancock Community College District (“Allan Hancock CCD”); Santa Barbara County Education Office (“Office of Education”); Santa Barbara County Flood Control and Water Conservation District (“Flood Control District”);
Santa Barbara County Fire Protection District (“SBCFPD”); and Santa Barbara County Water Agency (“Water Agency”).
Section 2. Effectiveness of Agreement. This Agreement shall become effective only upon satisfaction of the following conditions:
(a) Approval of this Agreement by the City and direction by the City Council to execute and implement this Agreement pursuant to Health and Safety Code Section 34180(f) (the “City Action”). This Agreement was approved by the City Council as required hereby on January 14, 2025.
(b) Approval by the Oversight Board of the LRPMP for transfer of the Properties to the City for future development. The LRPMP was approved by the Oversight Board on February 26, 2015.
(c) Notification to DOF of the Oversight Board action and approval by DOF of the Oversight Board action approving the LRPMP. DOF notified the Oversight Board and Successor Agency of its approval of the LRPMP by letter dated September 4, 2015. (d) Approval by the Successor Agency and the Oversight Board of the transfer of the Property to the City for future development, notwithstanding the LRPMP. The Successor Agency approved the transfer on November 28, 2023, the Countywide Oversight Board approved the transfer on January 17, 2024, and the Department of Finance issued a letter dated February 21, 2024, acknowledging receipt of the Countywide Oversight Board action. In a subsequent phone conversation, DOF stated that its approval was not required provided the Countywide Oversight Board’s approval had been obtained. (e) Signature of this Agreement by each of the parties hereto.
Promptly following the execution of this Agreement, the City and the Successor Agency shall transmit notice to all the other Parties that the Agreement is effective and specifying the date the Agreement became effective (the “Effective Date”).
Compensation Agreement (Al's Union) Final.docx 6
Once effective, the terms and conditions of this Agreement shall apply to the date the Property is transferred to the City by the Successor Agency.
Section 3. Signatories With Respect To Certain Funds.
(a) City. The City of Guadalupe administers the following funds, and in addition to entering into this Agreement for the City itself, the City is authorized to, and has entered into and executed this Agreement on behalf of the following:
• Fund #0640 City of Guadalupe (12.8351938% of 22-23 Tax Base) • Fund #0680 Guadalupe Lighting (3.8440946% of 22-23 Tax Base) (b) County. The County administers the following fund, and in addition to entering into this Agreement for the County itself, the County is authorized to, and has entered into and executed this Agreement on behalf of the following:
• Fund #0001 General (15.9892704% of 22-23 Tax Base)
(c) SBCFPD. The SBCFPD administers the following special district and fund, and in addition to entering into this Agreement for the SBCFPD itself, the SBCFPD is authorized to, and has entered into and executed this Agreement on behalf of the following:
• Fund #2280 Fire Protection District (0% of 22-23 Tax Base) (d) Flood Control District. The Flood Control District administers the following special district, zones and funds, and in addition to entering into this Agreement for the Flood Control District itself, the Flood Control District is authorized to, and has entered into and executed this Agreement on behalf of the following:
• Fund #2400 Flood Ctr/Water Conservation District (0.2155233% of 22-23 Tax Base)
• Fund #2460 Guadalupe Flood Zone Number 3 (0.8584783% of 22-23 Tax Base)
• Fund #2570 SM River Levee Maintenance Zone (0.1234373% of 22-23 Tax Base)
(e) Water Agency. The Water Agency administers the following special district and fund, and in addition to entering into this Agreement for the Water Agency itself, the Water Agency is authorized to, and has entered into and executed this Agreement on behalf of the following:
• Fund #3050 Water Agency (0.2684557% of 22-23 Tax Base) Compensation Agreement (Al's Union) Final.docx 7
(f) Airport District. The Airport District administers the following special district and fund, and in addition to entering into this Agreement for the Airport District itself, the Airport District is authorized to, and has entered into and executed this Agreement on behalf of the following:
• Fund #3210 Santa Maria Public Airport Dst (0.9576147% of 22- 23 Tax Base)
(g) Cemetery District. The Cemetery District administers the following special district and fund, and in addition to entering into this Agreement for the Cemetery District itself, the Cemetery District is authorized to, and has entered into and executed this Agreement on behalf of the following:
• Fund #3280 Guadalupe Cemetery District (1.9151936% of 22-23 Tax Base)
(h) Resource Conservation District. The Resource Conservation District administers the following special district and fund, and in addition to entering into this Agreement for the Resource Conservation District itself, the Resource Conservation District is authorized to, and has entered into and executed this Agreement on behalf of the following:
• Fund #4500 Cachuma Resource Cons Dist (0.0022189% of 22-23 Tax Base)
(i) Water Conservation District. The Water Conservation District administers the following special district and fund, and in addition to entering into this Agreement for the Water Conservation District itself, the Water Conservation District is authorized to, and has entered into and executed this Agreement on behalf of the following:
• Fund #5700 SM Vly Wtr Cons -General (0.3784720% of 22-23 Tax Base)
(j) Guadalupe USD. Guadalupe USD administers the following special district and fund, and in addition to entering into this Agreement for Guadalupe USD itself, Guadalupe USD is authorized to, and has entered into and executed this Agreement on behalf of the following:
• Fund #6901 Guadalupe Union Sch Dist-Gen. (28.4494279% of 22-23 Tax Base)
(k) Santa Maria JUHSD. Santa Maria JUHSD administers the following special district and fund, and in addition to entering into this Agreement for Santa Maria JUHSD itself, Santa Maria JUHSD is authorized to, and has entered into and executed this Agreement on behalf of the following:
• Fund #8301 SMJH District-General (15.3884393% of 22-23 Tax Base)
Compensation Agreement (Al's Union) Final.docx 8
(l) Allan Hancock CCD. Allan Hancock CCD administers the following special district and fund, and in addition to entering into this Agreement for Allan Hancock CCD itself, Allan Hancock CCD is authorized to, and has entered into and executed this Agreement on behalf of the following:
• Fund #9410 Allan Hancock CC District-Gen (4.0807335% of 22- 23 Tax Base)
(m) Office of Education. The Office of Education (i.e., the office of the Santa Barbara County Superintendent of Schools) administers the following funds and in addition to entering into this Agreement for the Office of Education itself, the Office of Education is authorized to, and has entered into and executed this Agreement on behalf of the following:
• Fund #9801 County School Service (2.7683393% of 22-23 Tax Base)
• Fund #9802 Education Revenue Augmentation (ERAF)
(11.9251073% of 22-23 Tax Base)
Section 4. Conveyance of Property To City. In consideration for the distributions to the Taxing Entities by the City through the Auditor-Controller set forth in Section 6 (updated as to percentages for the year in which the distribution occurs), the Successor Agency will convey, and the City will accept, all of the interest in and to the Property (subject to the special provisions regarding the conveyance of the Property, if any).
Section 5. Disposition of Property By City. Within a time frame determined by the City to yield a financially feasible and marketable development, the City shall use diligent good faith efforts to select a Developer for the Property or negotiate and obtain approval and execution of the DDA for the Property, and dispose of the Property to the Developer in accordance with the applicable DDA. City shall obtain the Disposition Proceeds for distribution through the Auditor-Controller to the Taxing Entities pursuant to Section 6 and to enable development of each Property in accordance with the Redevelopment Plan. As required by Government Code Section 52201, the purchase price payable to the City for the Property under the applicable DDA shall be an amount that is determined to be not less than the Property’s fair market value at highest and best use, or the Property’s fair reuse value at the use and with the covenants and conditions and development costs authorized by the applicable DDA.
By not later than the date of first published notice of the City Council public hearing for the applicable DDA (the “DDA Public Hearing Notice”), the City shall provide each Taxing Entity with a copy of the DDA Public Hearing Notice (including the date, time and location of the public hearing and the location at which the proposed DDA may be inspected and copied), and a statement setting forth the proposed purchase price to be paid to the City under the proposed DDA.
Upon the execution of the DDA for the Property, the City shall transmit a copy of the executed DDA to the other Parties.
Compensation Agreement (Al's Union) Final.docx 9
Section 6. Compensation To Taxing Entities Related To Disposition Proceeds. (a) Distribution of Disposition Proceeds. Within fifteen (15) days after the Disposition Proceeds Receipt Date with respect to the Property, the City shall remit the Disposition Proceeds for that Property to the Auditor-Controller for subsequent distribution by the Auditor-Controller among the Taxing Entities in proportion to their shares of the base property tax (the “Applicable Shares”), as determined by the Auditor- Controller pursuant to Health and Safety Code Section 34188. The attached Exhibit A shows, for illustrative purposes only, the Applicable Shares of the Taxing Entities that would have applied to a distribution under this Section 6 had the distribution been made for the fiscal 2022-23 year, as provided by the Auditor-Controller.
(b) Accounting Requirements. At the time of each distribution pursuant to subsection (a), the City shall provide to the Taxing Entities and the Auditor- Controller a statement prepared in accordance with sound accounting practice that provides the City’s calculation of the Disposition Proceeds (the “Disposition Proceeds Statement”). The City shall keep complete, accurate and appropriate books and records of its calculation of the Disposition Proceeds with respect to each distribution. The Auditor- Controller shall have the right, on behalf of the Taxing Entities and upon reasonable written notice to City, to audit and examine such books, records and documents and other relevant items in the possession of City, but only to the extent necessary for a proper determination of Disposition Proceeds.
Section 7. Compensation To Taxing Entities Related To Interim Municipal Use Annual Operating Proceeds.
(a) Applicability. The provisions of this Section 7 shall apply for each Fiscal Year in which the Property is used for an Interim Municipal Use and generates Interim Municipal Use Annual Operating Proceeds to the City (each, an “Applicable Fiscal Year”), if any. Nothing in this Agreement shall obligate the City to charge any fees or other amounts or to collect any revenues with respect to an Interim Municipal Use of any of the Property. (b) Distribution of Interim Municipal Use Annual Operating Proceeds.
Within ninety (90) days after the end of each Applicable Fiscal Year, the City shall remit the Interim Municipal Use Annual Operating Proceeds for that Applicable Fiscal Year to the Auditor-Controller for subsequent distribution by the Auditor-Controller among the Taxing Entities in proportion to their Applicable Shares, as determined by the Auditor- Controller pursuant to Health and Safety Code Section 34188. The attached Exhibit A shows, for illustrative purposes only, the Applicable Shares of the Taxing Entities that would have applied to a distribution under this Section 7 had the distribution been made for the fiscal 2022-23 year, as provided by the Auditor-Controller.
(c) Governmental, Public and Community Uses Permitted. The City may use the Property for any interim use permitted by applicable laws, and may permit the Taxing Entities to use the Property without charge. The City shall have no obligation to permit the Taxing Entities to use the Property for fee-generating uses, use by for-profit third parties, political or campaign-related uses, or any other use not related to the governmental purposes of the Taxing Entities. The City may permit fundraising uses supporting the governmental purposes of the Taxing Entities or the community in the City’s sole and absolute discretion.
Compensation Agreement (Al's Union) Final.docx 10
(d) Accounting Requirements. At the time of each distribution pursuant to subsection (a), the City shall provide to the Taxing Entities and the Auditor-Controller a statement prepared in accordance with sound accounting practice that provides the City’s calculation of the Interim Municipal Use Annual Operating Proceeds (the “Operating Proceeds Statement”). The City shall keep complete, accurate and appropriate books and records of its calculation of the Interim Municipal Use Annual Operating Proceeds with respect to each distribution. The Auditor-Controller shall have the right, on behalf of the Taxing Entities and upon reasonable written notice to City, to audit and examine such books, records and documents and other relevant items in the possession of City, but only to the extent necessary for a proper determination of the Interim Municipal Use Annual Operating Proceeds.
Section 8. Term of Agreement: Early Termination.
(a) Term. The term of this Agreement shall commence on the Effective Date and, unless sooner terminated as otherwise provided in this Agreement, shall expire upon (i) the earlier to occur of twenty-five (25) years from the date set forth above, or (ii) the distribution by the City of all amounts owed to the Taxing Entities under this Agreement. (b) Early Termination. Notwithstanding any other provision of this Agreement, the City may terminate this Agreement upon written notice to the other Parties if a court order, legislation, or DOF policy reverses DOF’s directive regarding the need for this Agreement and the payment of compensation by the City pursuant to Health and Safety Code Section 34180(f)(1) (an “Early Termination”). An Early Termination shall become effective five (5) days after the City delivers the required notice to the other Parties in accordance with Section 9(a). Upon effectiveness of an Early Termination, no Party shall have any further rights or obligations under this Agreement, and the City may retain the Disposition Proceeds from the disposition of any Property for which the City has not yet received the Disposition Proceeds as of the effective date of the Early Termination, and may retain any Interim Municipal Use Annual Operating Proceeds for which the City was not required to make the distribution to the Taxing Entities as of the effective date of the Early Termination; provided, however, that the City shall have no right to recover any Disposition Proceeds or any Interim Municipal Use Annual Operating Proceeds from any Taxing Entity that were distributed by the City prior to the effective date of the Early Termination.
Section 9. Miscellaneous Provisions.
(a) Rights of the City. The Parties acknowledge and agree that, pursuant to applicable law, the City is entitled to receive fee title to the Property from the Successor Agency at no cost, at any time (as determined by the City and the Successor Agency), subject only to this Agreement. Except for the right to receive Disposition Proceeds (if any) pursuant to Section 6 and the right to receive Interim Municipal Use Annual Operating Proceeds (if any) pursuant to Section 7, the Parties hereby expressly acknowledge and agree as follows:
(b) The Taxing Entities (other than the City) shall have no right, title or interest in or to the Property, and
(c) The Taxing Entities (other than the City), shall have no consent or approval rights with respect to the use of the Property or any part thereof, the development of Compensation Agreement (Al's Union) Final.docx 11
the Property, the sale, conveyance, or transfer of the Property or any part thereof, any encumbrance of any portion of the Property, or any other matters relating to the Property during or following the Term hereof, except to the extent such Taxing Entities have regulatory authority with respect to such matters pursuant to applicable laws, and (d) The Taxing Entities shall have no right to receive any payment or other compensation in connection with a sale of the Property by the City, including any percentage or portion of the proceeds of such sale, except for such Taxing Entity’s share of Disposition Proceeds as set forth in Section 6. In this regard, the Parties acknowledge and agree that the City may (but is not required to) spend money to improve the Property in connection with any Interim Municipal Use and that such improvements, or other circumstances or market conditions, may increase the value of the Property. Such improvement costs, if any, may be deducted by the City in calculating Disposition Proceeds or Interim Municipal Use Annual Operating Proceeds, as applicable.
(e) Notices. All notices, statements, or other communications made pursuant to this Agreement to another Party or Parties shall be in writing, and shall be sufficiently given and served upon the Party if sent by (1) United States certified mail, return receipt requested, postage prepaid, or (2) nationally recognized overnight courier, with charges prepaid or charged to sender’s account, and addressed to the applicable Party at the address set forth on that Party’s signature page. Any Party may change its address for notice purposes by written notice to the other Parties prepared and delivered in accordance with the provisions of this Section. (f) No Third Party Beneficiaries. No person or entity other than the Parties and their permitted successors and assigns, shall have any right of action under this Agreement. (g) Litigation Regarding Agreement. In the event litigation is initiated attacking the validity of this Agreement, each Party shall in good faith defend and seek to uphold the Agreement and shall be responsible for its own legal fees and costs. (h) State Law; Venue. This Agreement, and the rights and obligations of the Parties hereto, shall be construed and enforced in accordance with the laws of the State of California. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior Court of Santa Barbara County, California or in the Federal District Court for the Central District of California.
(i) Attorneys’ Fees . In any action which a Party brings to enforce its rights hereunder, the unsuccessful Party or Parties shall pay all costs incurred by the prevailing party, including reasonable attorneys’ fees and costs.
(j) Entire Agreement; Amendment. This Agreement constitutes the entire and integrated agreement of the Parties and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be modified only in writing and only if signed by all of the Parties, except as otherwise provided below. (k) Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. The signature page of any counterpart may be detached therefrom without impairing Compensation Agreement (Al's Union) Final.docx 12
the legal effect of the signature(s) thereon, provided such signature page is attached to any other counterpart identical thereto having additional signature pages executed by the other Parties.
Any executed counterpart of this Agreement may be delivered to the other Parties by facsimile and shall be deemed as binding as if an originally signed counterpart was delivered. (l) Non-Waiver. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement will be effective unless it is in writing and signed by the waiving Parties.
(m) No Partnership. Nothing contained in this Agreement shall be construed to constitute any Party as a partner, employee, joint venturer, or agent of any other Party. (n) Ambiguities. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party does not apply in interpreting this Agreement. (o) Exhibits. The following exhibits are incorporated in this Agreement by reference:
Exhibit A: Taxing Entities Applicable Shares of Property Taxes (p) Severability. If any term, provision, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect unless an essential purpose of this Agreement is defeated by such invalidity or unenforceability.
(q) Action or Approval. Whenever action and/or approval by the City is required under this Agreement, the City Administrator or his or her designee may act on and/or approve such matter unless specifically provided otherwise, or unless the City Administrator determines in his or her discretion that such action or approval requires referral to the City Council for consideration.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date set forth in the opening paragraph of this Agreement. [signature pages S-1 through S-13 follow]
The Guadalupe USD has executed this Compensation Agreement by its authorized representative, as indicated below, on behalf of the entities and funds set forth in Section 3 of this Agreement.
GUADALUPE UNION SCHOOL DISTRICT
By:
Name:
Title:
{ l,o ,',/,,,,.,
Superintendent
Attest by
Chief Business Official
Address for Notices
Guadalupe Union School District
P.O. Box 788
Guadalupe, CA 93434
SIGNATURES CONTINUE ON FOLLOWING PAGES
Compensation Agreement (Al's Union) Final.docx s-7
Compensation Agreement (Al's Union) Final.docx EXHIBIT A
EXHIBIT A
ILLUSTRATIVE TAXING ENTITIES
APPLICABLE SHARES OF PROPERTY TAXES
Below is the allocation percentages for FY 22-23 for proceeds of a sale of an asset:
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Guadalupe
918 Obispo Street
P.O. Box 908
Guadalupe, CA 93434
______________________________________________________________________________ Assessor Parcel No. 115-071-001 Exempt from Recording Fees per Govt. Code §27383 Exempt from Documentary Transfer Tax per Calif.
Rev. & Tax. Code §11922
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the
SUCCESSOR AGENCY TO THE CITY OF GUADALUPE COMMUNITY
REDEVELOPMENT AGENCY, a public agency (“Transferor”), hereby remises, releases and forever quitclaims to the CITY OF GUADALUPE, a municipal corporation (“Grantee”), the real property located in Guadalupe, California, Santa Barbara County, State of California, described as:
LEGAL DESCRIPTION ATTACHED AS EXHIBIT “A”
IN WITNESS WHEREOF, Transferor has caused this instrument to be executed this ______ day of , 2025.
TRANSFEROR: Successor Agency to the
City of Guadalupe Community
Redevelopment Agency
By:
(Signature)
Name: David Trujillo, Executive Director
QUITCLAIM DEED
ATTACHMENT 6
ACKNOWLEDGMENT
State of California )
County of )
On _________________________ before me, ______________________________________ (insert name and title of the officer)
personally appeared ___________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ______________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF
GUADALUPE, COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
COMMENCING ON THE SOUTHWESTERLY CORNER OF GUADALUPE AND TENTH (FORMERLY THIRD) STREETS AND RUNNING WESTERLY ALONG THE SOUTHERLY LINE OF TENTH (FORMERLY THIRD) STREET THREE HUNDRED FORTY-FOUR (344) FEET; THENCE AT A RIGHT ANGLE SOUTHERLY FIFTY (50) FEET; THENCE AT A RIGHT ANGLE EASTERLY THREE HUNDRED FORTY-FOUR (344) FEET; THENCE A RIGHT ANGLE NORTHERLY FIFTY (50) FEET TO THE POINT OF BEGINNING, BEING A PIECE OF LAND IN BLOCK FOUR (4) IN THE TOWN OF GUADALUPE.
APN/Parcel ID(s): 115-071-001
CLTA Preliminary Report Form - Modified (11.17.06) Printed: 10.10.23 @ 08:03 PM by uma SCA0002402.doc / Updated: 08.09.23 1 CA-FT-FSLC-01500.074053-SPS-1-23-FSLC-532300231
PRELIMINARY REPORT
In response to the application for a policy of title insurance referenced herein, Fidelity National Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms.
The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report.
This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.
The policy(ies) of title insurance to be issued hereunder will be policy(ies) of Fidelity National Title Insurance Company, a Florida corporation.
Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered.
It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land.
Fidelity National Title Insurance Company
By:
Countersigned By:
Authorized Officer or Agent
Michael J. Nolan, President
Attest:
Marjorie Nemzura, Secretary
ATTACHMENT 7
CLTA Preliminary Report Form - Modified (11.17.06) Printed: 10.10.23 @ 08:03 PM by uma SCA0002402.doc / Updated: 08.09.23 2 CA-FT-FSLC-01500.074053-SPS-1-23-FSLC-532300231 Visit Us on our Website: www.fntic.com
ISSUING OFFICE: 2222 S. Broadway, Suite G, Santa Maria, CA 93454 Another Prompt Delivery From Fidelity National Title Company Title Department Where Local Experience And Expertise Make A Difference
PRELIMINARY REPORT
Title Officer: David W. Long
Email: [email protected]
Title No.: FSLC-532300231DWL
TO: City of Guadalupe
918 Obispo
Guadalupe, CA 93434
Attn: Todd Bodem
PROPERTY ADDRESS(ES): 4646 10th Street, Guadalupe, CA
EFFECTIVE DATE: October 2, 2023 at 07:30 AM
The form of policy or policies of title insurance contemplated by this report is:
1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS:
A Fee
2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
Francis E. Campodonico, as to an undivided 1/7th interest; and Redevelopment Agency of the City of Guadalupe Community Redevelopment Agency, a dissolved public body, subject to Section 34173 of the California Health and Safety Code
3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
EXHIBIT "A"
Legal Description
CLTA Preliminary Report Form - Modified (11.17.06) Printed: 10.10.23 @ 08:03 PM by uma SCA0002402.doc / Updated: 08.09.23 3 CA-FT-FSLC-01500.074053-SPS-1-23-FSLC-532300231 For APN/Parcel ID(s): 115-071-001
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF GUADALUPE, COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
COMMENCING ON THE SOUTHWESTERLY CORNER OF GUADALUPE AND TENTH (FORMERLY THIRD)
STREETS AND RUNNING WESTERLY ALONG THE SOUTHERLY LINE OF TENTH (FORMERLY THIRD) STREET THREE HUNDRED FORTY-FOUR (344) FEET; THENCE AT A RIGHT ANGLE SOUTHERLY FIFTY (50) FEET; THENCE AT A RIGHT ANGLE EASTERLY THREE HUNDRED FORTY-FOUR (344) FEET; THENCE A RIGHT ANGLE NORTHERLY FIFTY (50) FEET TO THE POINT OF BEGINNING, BEING A PIECE OF LAND IN BLOCK FOUR (4) IN THE TOWN OF GUADALUPE.
Title No.: FSLC-532300231DWL
CLTA Preliminary Report Form - Modified (11.17.06) Printed: 10.10.23 @ 08:03 PM by uma SCA0002402.doc / Updated: 08.09.23 4 CA-FT-FSLC-01500.074053-SPS-1-23-FSLC-532300231
AT THE DATE HEREOF, EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS:
1. There were no taxes levied for the fiscal year 2023-2024 as the property was vested in a public entity.
Prior to close of escrow, please contact the Tax Collector's Office to confirm all amounts owing, including current fiscal year taxes, supplemental taxes, escaped assessments and any delinquencies.
2. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy.
3. A notice that said Land is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the redevelopment plan) as disclosed by a document
Recording Date: December 19, 1985
Recording No.: 85-68345, of Official Records
Redevelopment Agency: City of Guadalupe
4. Any claim that the transaction vesting the Title as shown in Schedule A or creating the lien of the Insured Mortgage, or any other transaction occurring on or prior to Date of Policy in which City of Guadalupe Community Redevelopment Agency or its successors transferred, acquired, or made any agreement affecting the title to or any interest in the Land, is void or voidable, or subject to termination, renegotiation, or judicial review, under California Assembly Bill 26 (Chapter 5, Statutes of 2011-12, First Extraordinary Session) and California Assembly Bill 1484 (Chapter 26, Statutes of 2011-12), as presently amended.
5. Any lien or right to a lien for services, labor, material or equipment unless such lien is shown by the Public Records at Date of Policy.
6. Water rights, claims or title to water, whether or not disclosed by the public records.
7. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records.
The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage.
The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents.
8. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent.
9. Any lien or right to a lien for services, labor or material not shown by the Public Records.
10. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters which a correct survey would disclose and which are not shown by the public records.
Title No.: FSLC-532300231DWL
EXCEPTIONS
(continued)
CLTA Preliminary Report Form - Modified (11.17.06) Printed: 10.10.23 @ 08:03 PM by uma SCA0002402.doc / Updated: 08.09.23 5 CA-FT-FSLC-01500.074053-SPS-1-23-FSLC-532300231
11. Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof.
12. The search did not disclose any open mortgages or deeds of trust of record, therefore the Company reserves the right to require further evidence to confirm that the property is unencumbered, and further reserves the right to make additional requirements or add additional items or exceptions upon receipt of the requested evidence.
13. The Company will require that an Owner’s Affidavit be completed by the party(s) named below before the issuance of any policy of title insurance.
Party(ies): Francis E. Campodonico and Redevelopment Agency of the City of Guadalupe Community Redevelopment Agency, a dissolved public body, subject to Section 34173 of the California Health and Safety Code
The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit.
14. The Company requires a Statement of Information from the vestee(s) named below, as we are unable to determine of record the marital status of said vestee(s) at the time of acquisition of title.
Vestee(s): Francis E. Campodonico
If the above required Statement of Information discloses that said vestee was married at the time of acquisition of title, the interest of the spouse needs to be addressed. The Company reserves the right to add additional items or make further requirements after review of the requested Statement of Information.
NOTE: The Statement of Information is necessary to complete the search and examination of title under this order. Any title search includes matters that are indexed by name only, and having a completed Statement of Information assists the Company in the elimination of certain matters which appear to involve the parties but in fact affect another party with the same or similar name. Be assured that the Statement of Information is essential and will be kept strictly confidential to this file.
END OF EXCEPTIONS
Title No.: FSLC-532300231DWL
CLTA Preliminary Report Form - Modified (11.17.06) Printed: 10.10.23 @ 08:03 PM by uma SCA0002402.doc / Updated: 08.09.23 6 CA-FT-FSLC-01500.074053-SPS-1-23-FSLC-532300231 NOTES
Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities.
Note 1. Note: The charge for a policy of title insurance, when issued through this title order, will be based on the Basic Title Insurance Rate.
Note 2. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report.
Note 3. The application for title insurance was placed by reference to only a street address or tax identification number. The proposed Insured must confirm that the legal description in this report covers the parcel(s) of Land requested to be insured. If the legal description is incorrect, the proposed Insured must notify the Company and/or the settlement company in order to prevent errors and to be certain that the legal description for the intended parcel(s) of Land will appear on any documents to be recorded in connection with this transaction and on the policy of title insurance.
Note 4. Note: If a county recorder, title insurance company, escrow company, real estate broker, real estate agent or association provides a copy of a declaration, governing document or deed to any person, California law requires that the document provided shall include a statement regarding any unlawful restrictions. Said statement is to be in at least 14-point bold face type and may be stamped on the first page of any document provided or included as a cover page attached to the requested document.
Should a party to this transaction request a copy of any document reported herein that fits this category, the statement is to be included in the manner described.
Note 5. Note: Any documents being executed in conjunction with this transaction must be signed in the presence of an authorized Company employee, an authorized employee of a Company agent, an authorized employee of the insured lender, or by using Bancserv or other Company-approved third-party service. If the above requirement cannot be met, please call the Company at the number provided in this report.
Note 6. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor-County Clerk-Recorder.
Note 7. Due to the special requirements of SB 50 (California Public Resources Code Section 8560 et seq.), any transaction that includes the conveyance of title by an agency of the United States must be approved in advance by the Company’s State Counsel, Regional Counsel, or one of their designees.
Title No.: FSLC-532300231DWL
NOTES
(continued)
CLTA Preliminary Report Form - Modified (11.17.06) Printed: 10.10.23 @ 08:04 PM by uma SCA0002402.doc / Updated: 08.09.23 7 CA-FT-FSLC-01500.074053-SPS-1-23-FSLC-532300231 Note 8. The following Exclusion(s) are added to preliminary reports, commitments and will be included as an endorsement in the following policies:
A. 2006 ALTA Owner’s Policy (06-17-06).
6. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members.
B. 2006 ALTA Loan Policy (06-17-06)
8. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members.
9. Any claim of invalidity, unenforceability, or lack of priority of the lien of the Insured Mortgage based on the application of a Tribe’s law resulting from the failure of the Insured Mortgage to specify State law as the governing law with respect to the lien of the Insured Mortgage.
C. ALTA Homeowner’s Policy of Title Insurance (12-02-13) and CLTA Homeowner's Policy of Title Insurance (12-02-13).
10. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members.
D. ALTA Expanded Coverage Residential Loan Policy - Assessments Priority (04-02-15).
12. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the Public Records but that would be disclosed by an examination of any records maintained by or on behalf of a Tribe or on behalf of its members.
13. Any claim of invalidity, unenforceability, or lack of priority of the lien of the Insured Mortgage based on the application of a Tribe’s law resulting from the failure of the Insured Mortgage to specify State law as the governing law with respect to the lien of the Insured Mortgage.
E. CLTA Standard Coverage Policy 1990 (11-09-18).
7. Defects, liens, encumbrances, adverse claims, notices, or other matters not appearing in the public records but that would be disclosed by an examination of any records maintained by or on behalf of a tribe or on behalf of its members.
8. Any claim of invalidity, unenforceability, or lack of priority of the lien of the insured mortgage based on the application of a tribe’s law resulting from the failure of the insured mortgage to specify state law as the governing law with respect to the lien of the insured mortgage.
END OF NOTES
Wire Fraud Alert
Original Effective Date: 5/11/2017
Current Version Date: 5/11/2017 FSLC-532300231 - WIRE0016 (DSI Rev. 12/07/17) TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved
WIRE FRAUD ALERT
This Notice is not intended to provide legal or professional advice.
If you have any questions, please consult with a lawyer.
All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds.
In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud.
NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction.
ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols.
Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts.
USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature.
For more information on wire-fraud scams or to report an incident, please refer to the following links:
Federal Bureau of Investigation: Internet Crime Complaint Center:
http://www.fbi.gov http://www.ic3.gov
Privacy Statement Printed: 10.10.23 @ 08:04 PM by uma
SCA0002402.doc CA-FT-FSLC-01500.074053-FSLC-532300231
FIDELITY NATIONAL FINANCIAL
PRIVACY NOTICE
Effective January 1, 2023
Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information.
A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary's website and this Privacy Notice does not apply.
Collection of Personal Information
FNF may collect the following categories of Personal Information:
contact information (e.g., name, address, phone number, email address); demographic information (e.g., date of birth, gender, marital status); identity information (e.g. Social Security Number, driver's license, passport, or other government ID number); financial account information (e.g. loan or bank account information); and other personal information necessary to provide products or services to you.
We may collect Personal Information about you from:
information we receive from you or your agent;
information about your transactions with FNF, our affiliates, or others; and information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others.
Collection of Browsing Information
FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or device:
Internet Protocol (IP) address and operating system;
browser version, language, and type;
domain name system requests; and
browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website.
Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account.
Other Online Specifics
Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website.
Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites.
Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser.
Privacy Statement Printed: 10.10.23 @ 08:04 PM by uma
SCA0002402.doc CA-FT-FSLC-01500.074053-FSLC-532300231
Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit.
Use of Personal Information
FNF uses Personal Information for three main purposes:
To provide products and services to you or in connection with a transaction involving you. To improve our products and services.
To communicate with you about our, our affiliates', and others' products and services, jointly or independently.
When Information Is Disclosed
We may disclose your Personal Information and Browsing Information in the following circumstances:
to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; to affiliated or nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; to affiliated or nonaffiliated third parties with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or
in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public.
The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law.
We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings.
Security of Your Information
We maintain physical, electronic, and procedural safeguards to protect your Personal Information.
Choices With Your Information
Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you.
For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the "California Privacy" link on our website (https://fnf.com/pages/californiaprivacy.aspx) or call (888) 413-1748.
For Nevada Residents: We are providing this notice pursuant to state law. You may be placed on our internal Do Not Call List by calling FNF Privacy at (888) 714-2710 or by contacting us via the information set forth at the end of this Privacy Notice. For further information concerning Nevada's telephone solicitation law, you may contact:
Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: [email protected].
For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes.
Privacy Statement Printed: 10.10.23 @ 08:04 PM by uma
SCA0002402.doc CA-FT-FSLC-01500.074053-FSLC-532300231
For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures.
For Virginia Residents: For additional information about your Virginia privacy rights, please email [email protected] or call (888) 714-2710.
Information From Children
The FNF Websites are not intended or designed to attract persons under the age of eighteen (18). We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian.
International Users
FNF's headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice.
FNF Website Services for Mortgage Loans
Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the "Service Websites"). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender's privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender's privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good-faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public.
Your Consent To This Privacy Notice; Notice Changes
By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice's effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice.
Accessing and Correcting Information; Contact Us
If you have questions or would like to correct your Personal Information, visit FNF's Privacy Inquiry Website or contact us by phone at (888) 714-2710, by email at [email protected], or by mail to:
Fidelity National Financial, Inc.
601 Riverside Avenue,
Jacksonville, Florida 32204
Attn: Chief Privacy Officer
ATTACHMENT ONE
Attachment One (11/04/22)
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY - 1990 (11-09-18)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy.
4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated.
5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.
6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.
EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:
1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.
Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records.
2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof.
3. Easements, liens or encumbrances, or claims thereof, not shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.
6. Any lien or right to a lien for services, labor or material unless such lien is shown by the public records at Date of Policy.
EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART II
(Variable exceptions such as taxes, easements, CC&R’s, etc., are inserted here)
ATTACHMENT ONE
(CONTINUED)
Attachment One (11/04/22)
CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE OWNER'S POLICY (02-04-22)
EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys’ fees, or expenses that arise by reason of:
1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to:
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or
iv. environmental remediation or protection.
b. any governmental forfeiture, police, regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b.
Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6.
2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7.
3. Any defect, lien, encumbrance, adverse claim, or other matter:
a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 10); or
e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights law, that the transaction vesting the Title as shown in Schedule A is a:
a. fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer:
i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or
ii. for any other reason not stated in Covered Risk 9.b.
5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8.
6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy.
Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b. 7 Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.
EXCEPTIONS FROM COVERAGE
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from coverage.
This policy does not insure against loss or damage and the Company will not pay costs, attorneys’ fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters:
PART I
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records at Date of Policy but that could be (a) ascertained by an inspection of the Land, or (b) asserted by persons or parties in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy.
4. Any encroachment, encumbrance, violation, variation, easement, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records at Date of Policy.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor, material or equipment unless such lien is shown by the Public Records at Date of Policy.
7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B.
PART II
(Variable exceptions such as taxes, easements, CC&R’s, etc., are inserted here)
ATTACHMENT ONE
(CONTINUED)
Attachment One (11/04/22)
CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (7-01-21)
EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy and We will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to:
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or
iv. environmental remediation or protection.
b. any governmental forfeiture, police, or regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b.
Exclusion 1 does not modify or limit the coverage provided under Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23, or 27.
2. Any power to take the Land by condemnation. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 17.
3. Any defect, lien, encumbrance, adverse claim, or other matter:
a. created, suffered, assumed, or agreed to by You;
b. not Known to Us, not recorded in the Public Records at the Date of Policy, but Known to You and not disclosed in writing to Us by You prior to the date You became an Insured under this policy; c. resulting in no loss or damage to You;
d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 5, 8.f., 25, 26, 27, 28, or 32); or
e. resulting in loss or damage that would not have been sustained if You paid consideration sufficient to qualify You as a bona fide purchaser of the Title at the Date of Policy.
4. Lack of a right:
a. to any land outside the area specifically described and referred to in Item 3 of Schedule A; and b. in any street, road, avenue, alley, lane, right-of-way, body of water, or waterway that abut the Land.
Exclusion 4 does not modify or limit the coverage provided under Covered Risk 11 or 21.
5. The failure of Your existing structures, or any portion of Your existing structures, to have been constructed before, on, or after the Date of Policy in accordance with applicable building codes. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 14 or 15.
6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transfer of the Title to You is a:
a. fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer:
i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or
ii. for any other reason not stated in Covered Risk 30.
7. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.
8. Negligence by a person or an entity exercising a right to extract or develop oil, gas, minerals, groundwater, or any other subsurface substance.
9. Any lien on Your Title for real estate taxes or assessments, imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 9 does not modify or limit the coverage provided under Covered Risk 8.a or 27.
10. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner’s Coverage Statement as follows:
• For Covered Risk 16, 18, 19 and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less)
$ 10,000.00
Covered Risk 18: 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less)
$ 25,000.00
Covered Risk 19: 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less)
$ 25,000.00
Covered Risk 21: 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less)
$ 5,000.00
ATTACHMENT ONE
(CONTINUED)
Attachment One (11/04/22)
CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13)
EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:
1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
a. building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division; and
f. environmental protection.
This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.
2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15.
3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.
4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or
d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.
5. Failure to pay value for Your Title.
6. Lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land.
This Exclusion does not limit the coverage described in Covered Risk 11 or 21.
7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors’ rights laws.
8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake or subsidence.
9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.
LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner’s Coverage Statement as follows:
• For Covered Risk 16, 18, 19 and 21, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.
The deductible amounts and maximum dollar limits shown on Schedule A are as follows:
Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less)
$ 10,000.00
Covered Risk 18: 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less)
$ 25,000.00
Covered Risk 19: 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less)
$ 25,000.00
Covered Risk 21: 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less)
$ 5,000.00
ATTACHMENT ONE
(CONTINUED)
Attachment One (11/04/22)
ALTA OWNER’S POLICY (07-01-2021)
EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to:
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or
iv. environmental remediation or protection.
b. any governmental forfeiture, police, regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b.
Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6.
2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7.
3. Any defect, lien, encumbrance, adverse claim, or other matter:
a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 10); or
e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transaction vesting the Title as shown in Schedule A is a:
a. fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer:
i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or
ii. for any other reason not stated in Covered Risk 9.b.
5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8.
6. Any lien on the Title for real estate taxes or assessments, imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b.
7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.
EXCEPTIONS FROM COVERAGE
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from coverage.
This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters:
NOTE: The 2021 ALTA Owner’s Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R’s, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard Coverage Exceptions listed as 1 through 7 below:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records at Date of Policy but that could be (a) ascertained by an inspection of the Land or (b) asserted by persons or parties in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy.
4. Any encroachment, encumbrance, violation, variation, easement, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records at Date of Policy.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor, material or equipment unless such lien is shown by the Public Records at Date of Policy.
7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B.
ATTACHMENT ONE
(CONTINUED)
Attachment One (11/04/22)
2006 ALTA OWNER’S POLICY (06-17-06)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:
1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys’ fees, or expenses that arise by reason of:
NOTE: The 2006 ALTA Owner’s Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R’s, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard Coverage Exceptions listed below as 1 through 7 below:
1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.
2. Any facts, rights, interests, or claims that are not shown by the Public Records at Date of Policy but that could be (a) ascertained by an inspection of the Land, or (b) asserted by persons or parties in possession of the Land.
3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy.
4. Any encroachment, encumbrance, violation, variation, easement, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records at Date of Policy.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records.
6. Any lien or right to a lien for services, labor, material or equipment unless such lien is shown by the Public Records at Date of Policy.]
7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B.
Notice of Available Discounts
Notice of Available Discounts Printed: 10.10.23 @ 08:04 PM by uma SCA0002402.doc / Updated: 07.10.19 CA-FT-FSLC-01500.074053-FSLC-532300231 Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts.
You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling.
Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company as indicated by the named discount.
FNF Underwritten Title Companies Underwritten by FNF Underwriters CTC - Chicago Title Company CTIC - Chicago Title Insurance Company CLTC - Commonwealth Land Title Company CLTIC - Commonwealth Land Title Insurance Company FNTC - Fidelity National Title Company of California FNTIC - Fidelity National Title Insurance Company FNTCCA - Fidelity National Title Company of California FNTIC - Fidelity National Title Insurance Company TICOR - Ticor Title Company of California CTIC - Chicago Title Insurance Company LTC - Lawyer's Title Company CLTIC - Commonwealth Land Title Insurance Company SLTC - ServiceLink Title Company CTIC - Chicago Title Insurance Company Available Discounts
DISASTER LOANS (CTIC, CLTIC, FNTIC)
The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within twenty-four (24) months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be fifty percent (50%) of the appropriate title insurance rate.
CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC, FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be fifty percent (50%) to seventy percent (70%) of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be forty percent (40%) to fifty percent (50%) of the appropriate title insurance rate, depending on the type of coverage selected.
This map/plat is being furnished as an aid in locating the herein described Land in relation to adjoining streets, natural boundaries and other land, and is not a survey of the land depicted. Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the Company does not insure dimensions, distances, location of easements, acreage or other matters shown thereon.
-1-
FORM OF AFFORDABLE HOUSING RESTRICTION
RECORDING REQUESTED BY,
AND WHEN RECORDED RETURN TO:
City of Guadalupe
918 Obispo Street
Guadalupe, CA 93434
Attn: City Administrator
APN(s): 115-071-001
___________________________________________________________________________ [SPACE ABOVE FOR RECORDER’S USE
ONLY]
This document is exempt from Recording Fees pursuant
to California Government Code Section 6103 & 27383
AFFORDABLE HOUSING RESTRICTION REGARDING
FUTURE RESIDENTIAL DEVELOPMENT
(CALIFORNIA GOVERNMENT CODE SECTION 54233)
If ten (10) or more residential units are developed on the real property described on Exhibit “A” attached hereto, then not less than 15 percent of the total number of residential units developed on the property shall be sold or rented at affordable housing cost, as defined in Section 50052.5 of the California Health and Safety Code, or affordable rent, as defined in Section 50053 of the California Health and Safety Code, to lower income households, as defined in Section 50079.5 of the California Health and Safety Code. Rental units shall remain affordable to and occupied by lower income households for a period of 55 years for rental housing or 45 years for ownership housing. The initial occupants of all ownership units shall be lower income households, and the units shall be subject to an equity sharing agreement consistent with the provisions of paragraph (2) of subdivision (c) of 65915 of the California Government Code.
These requirements shall be restrictions running with the land and shall be enforceable against any owner who violates such restrictions and each successor-in-interest who continues the violation by any of the entities described in subdivisions (a) to (f), inclusive, of Section 54222.5 of the California Government Code.
CITY OF GUADALUPE, a municipal corporation
Date: By: EXHIBIT ONLY – DO NOT SIGN
Todd Bodem, City Administrator
ATTACHMENT 8
-2-
Exhibit A
Legal Description
THE LAND REFERRED TO HEREIN IS SITUATED IN THE CITY OF GUADALUPE IN THE COUNTY OF SANTA BARBARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
Commencing on the Southwesterly comer of Guadalupe and Tenth (formerly Third) Streets and running westerly along the southerly line of Tenth (formerly Third) Street three hundred fortyfour (344) feet; thence at a right angle southerly fifty (50) feet; thence at a right angle easterly three hundred forty-four (344) feet; thence a right angle northerly fifty (50) feet to the point of beginning, being a piece of land in Block Four (4) in the Town of Guadalupe.
APN: 115-071-001
-3-
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
)
COUNTY OF )
On , 2023 before me,
,
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
Agenda Item No. 14
REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of January 13, 2025
_______________________________
Prepared by:
David Trujillo, Interim City Administrator
SUBJECT: Establishing of the Royal Theatre Oversight Committee.
RECOMMENDATION:
Staff recommends that the City Council provide direction regarding the preferred structure for advisory oversight of the Royal Theatre project. While staff does not see a significant operational advantage to establishing an oversight committee, if the Council desires advisory support, staff recommends either:
1. Establishing the Oversight Committee discussed at the July 22, 2025, Council meeting, consisting of approximately five (5) memberssubject to the Brown Act by adopting Resolution No. 2026-04, and also, appoint the five (5) members to the committee by motion; or
2. Establishing, by motion, a temporary advisory committee composed solely of two City Council members, which would be exempt from the Brown Act, and also, appointing the two City Council members.
BACKGROUND:
The Royal Theatre project is a significant community investment intended to preserve a historic asset, revitalize downtown, and expand cultural and economic opportunities within the City of Guadalupe. Due to the project’s visibility, complexity, and community interest, the City Council has expressed interest in establishing a formal oversight committee to provide advisory guidance and enhance transparency throughout the project lifecycle.
The Oversight Committee would serve in an advisory capacity only and would not have decision-making authority. Final authority for project decisions would remain with the City Council and City staff.
DISCUSSION:
Oversight Committee Purpose and Role
The Royal Theatre Oversight Committee would be established to:
• Provide community engagement efforts, and general project direction • Serve as a forum for community perspectives and stakeholder feedback
• Support transparency and public awareness of the Royal Theatre project • Act as a liaison between the community and City staff The Committee would not be responsible for project management, contracting, procurement, or financial approvals.
Committee Composition
If the Council is inclined to establish a Brown Act–compliant advisory body to advise on the Royal Theatre project and capital campaign, the Council should review the interest letters from the applicants who have applied to serve on the Oversight Committee and appoint the five (5) persons it believes are most qualified to serve on it. (See Attachment 2).
Alternatively, as noted above, the Council could create a temporary advisory committee composed solely of two City Council members. Staff would be supportive of this option, as it would be exempt from the Brown Act and would not impose the additional administrative and staffing requirements associated with supporting a Brown Act body.
Staff Assessment of Need for an Oversight Committee
With respect to the proposed Oversight Committee, staff believes that the functions identified for such a committee are already within the responsibility of City staff. These functions include project coordination, consultant management, financial oversight, reporting to the City Council, and compliance with applicable laws and grant requirements. As such, staff sees limited operational advantage in creating an additional oversight body that would duplicate existing responsibilities. Staff believes that the Council’s oversight of these functions is sufficient, and that a separate, advisory body subject to the Brown Act is not necessary.
FISCAL IMPACT:
The establishment of an oversight committee—particularly one subject to the Brown Act—would result in indirect fiscal impacts related to the following:
Staff Time:
City staff would be required to coordinate meetings, prepare agendas and staff reports, attend meetings, respond to committee inquiries, and provide ongoing updates. This would increase workload demands on already limited staff resources.
Consultants:
Project consultants may be requested to attend committee meetings, prepare presentations, or respond to committee feedback, potentially increasing billable hours depending on meeting frequency and scope.
Architectural & Engineering (A&E):
Architectural and engineering consultants may need to provide additional design updates, technical explanations, or revisions based on committee input. Any services beyond the existing scope of work could result in increased A&E costs.
A committee exempt from the Brown Act, composed solely of two Council members, would substantially reduce these fiscal and administrative impacts.
CONCLUSION:
While staff does not believe an oversight committee is necessary to successfully manage the Royal Theatre project, staff recognizes the Council’s interest in advisory input and transparency. Should the Council wish to proceed, staff recommends a temporary advisory committee composed of two Council members, which would be exempt from the Brown Act and minimize staff and fiscal impacts.
ATTACHMENTS:
1. Resolution No. 2026-04
2. Committee Interest Letters
RESOLUTION NO. 2026-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE
ESTABLISHING A ROYAL THEATRE OVERSIGHT COMMITTEE
WHEREAS, the Royal Theatre project is a significant community investment intended to preserve a historic asset, revitalize downtown, and expand cultural and economic opportunities within the City of Guadalupe; and
WHEREAS, the City Council has expressed interest in establishing advisory oversight to enhance transparency and community engagement related to the Royal Theatre project and associated capital campaign; and
WHEREAS, the oversight committee established by the City Council would serve in an advisory capacity only and would not possess decision-making authority, with final authority remaining with the City Council and City staff; and
WHEREAS, the proposed Royal Theatre Oversight Committee would be considered a temporary advisory committee and would be disbanded upon completion of the Royal Theater Project as determined by the City Council; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Guadalupe as follows:
SECTION 1. The City Council hereby determines that the Royal Theatre Oversight Committee is hereby established and pursuant to this Resolution shall serve in an advisory capacity only and shall have no authority to direct City staff, approve expenditures, enter into contracts, or manage the project.
SECTION 2. The Oversight Committee is a temporary committee that shall be disbanded upon completion of the Royal Theater Project, as determined by the City Council.
SECTION 3. City staff is authorized and directed to provide administrative support to the committee, subject to available resources and consistent with the advisory nature of the committee.
SECTION 4. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.
PASSED, APPROVED AND ADOPTED at a regular meeting on the 13th day of January 2026 by the following vote:
ATTACHMENT 1
MOTION:
AYES:
NOES:
ABSENT:
ABSTAINED:
I, Judy Wilson, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2026-04, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held January 13, 2026, and that same was approved and adopted.
ATTEST:
_____________________________________ ____________________________________ Judy Wilson, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
_____________________________________
Philip F. Sinco, City Attorney
11/04/2025
RE: Guadalupe Royal Theater Oversight Committee
To Whom it May Concern,
I would like to submit my application for a position on the oversight committee for the Guadalupe Royal Theater rehabilitation. I have been a resident of Guadalupe since 2020. I have found Guadalupe to be a wonderful town. There is a lot of history plainly seen on the architecture of the buildings, giving Guadalupe character not found in other towns. The residents have been friendly and welcoming, and my family and I have had a great 5 years.
For the last 15 years I’ve worked in the electrical wholesale industry for Consolidated Electrical Distributors; 8 of those years have been in management. I took over management of one of our Santa Maria branches, California Electrical Supply, in 2020. My work in the electrical wholesale industry has mainly been servicing the commercial construction market. I regularly review building plans and work with customers to select/specify lighting fixtures and controls as well as correctly size gear for various applications.
Throughout my adult life, I’ve had many opportunities to serve in the various communities in which I’ve lived, whether it be in a defined role, or through various one time service projects. I’ve coached youth football, organized and carried out youth triathlons, and held leadership roles in my church. I view service on this committee as an opportunity to give back to the Guadalupe community. I appreciate your consideration and look forward to hearing from you.
Sincerely,
Andrew Brown
ATTACHMENT 2
From: Todd Bodem
To: Juana Escobar
Subject: FW: Royal Theater Oversight Committee - Letter of Interest Date: Tuesday, November 4, 2025 12:36:59 PM
Todd Bodem
City Administrator
City of Guadalupe
805-356-3892
From: Todd Bodem
Sent: Wednesday, October 15, 2025 3:00 PM
To: Mira Beyeler <[email protected]>
Subject: RE: Royal Theater Oversight Committee - Letter of Interest Hi Mira,
Received, thank you!
Todd Bodem
City Administrator
City of Guadalupe
805-356-3892
From: Mira Beyeler <[email protected]>
Sent: Wednesday, October 15, 2025 2:59 PM
To: Todd Bodem <[email protected]>
Subject: Royal Theater Oversight Committee - Letter of Interest Hello Todd,
I am writing to express my interest in serving on the Royal Theater Oversight Committee. I have been a long time supporter of the success of this project and the overall revitalization of Downtown Guadalupe and am excited to see this project come to fruition while believing strongly that an oversight committee will play a key role in seeing this project through successful completion.
Since early 2020 I have been involved in the various steps leading to this point in the project's timeline including direct involvement with the Architect, the project manager and have continued to stay informed and involved with the various parties. I feel as knowledgeable about this project as has been allowed as a member of the public and look forward to gaining more insight into the project's specifics and needs should I sit on the Oversight Committee.
As a Board member of the Guadalupe Visual and Performing Arts, our organization has worked closely with other Guadalupe organizations and key community members involved in the Cultural and Arts sector of the City and larger Santa Maria Valley and Santa Barbara County communities. My experience in event planning, community organizing, strategic planning and financial oversight would allow me to contribute to the committee's role in providing the City with additional support to ensure the project's ultimate success and sustainability - as well as increasing direct communication and participation from local community members.
I feel confident that my commitment to this project and to Guadalupe as a whole will be a valuable asset to the Oversight Committee - It has been a real labor of love being committed to the renovation of the Royal Theater and seeing it become the lighthouse of Downtown Guadalupe is the ultimate goal. Thank you for the consideration and in the words of Mayor Julian - "Onwards and Upwards!"
Best Regards,
From: Todd Bodem
To: Juana Escobar
Subject: FW: Royal Theatre
Date: Tuesday, November 4, 2025 12:40:15 PM
Todd Bodem
City Administrator
City of Guadalupe
805-356-3892
From: Monica Ramos-Ramirez <[email protected]> Sent: Wednesday, October 15, 2025 5:17 PM
To: Todd Bodem <[email protected]>
Subject: Royal Theatre
Hi Todd,
Please forgive the tardiness in this email. My husband and I are both interested in serving on this committee.
Monica Ramos-Ramírez
Alonso Ramirez
Thank you. We look forward to hearing from you.
In service and in gratitude,
Monica
Pasadera Resident
4th year transplants from LA
(San Fernando Valley and Echo Park)
From: David Trujillo
To: Juana Escobar
Subject: FW: Guadalupe Theatre Oversight Board
Date: Wednesday, November 26, 2025 10:56:03 AM
The last one
-----Original Message-----
From: Tish Harris <[email protected]>
Sent: Friday, November 14, 2025 3:02 PM
To: David Trujillo <[email protected]>
Subject: Guadalupe Theatre Oversight Board
Good Afternoon Mr. Trujillo,
Deborah Sykes had mentioned that I might send a letter of interest regarding the Oversight Board for the Guadalupe Theatre Fundraising Effort.
While I might be able to contribute to the effort I’m at a bit of a loss to express interest with so little background.
I’m also cautious about overextending myself as I really do enjoy my retirement.
My professional experience involved some grant writing for Public Health Ventures and not for a Capital Campaign and was a decade ago.
I’m hoping to be transparent to support your effort in building a strong team.
Please feel free to telephone me if I can help.
Kind Regards,
Patricia “Tish” Harris
From: Todd Bodem
To: Whitney Furness
Cc: Juana Escobar
Subject: RE: Letter of Interest - Royal Theater Project Oversight Committee Date: Tuesday, October 14, 2025 4:07:09 PM
Hi Whitney,
I acknowledge receipt of your letter of interest in the Royal Theater Oversight Committee.
Best regards,
Todd Bodem
City Administrator
City of Guadalupe
805-356-3892
From: Whitney Furness <[email protected]>
Sent: Tuesday, October 14, 2025 3:56 PM
To: Todd Bodem <[email protected]>
Subject: Letter of Interest - Royal Theater Project Oversight Committee I am writing to express my intent to join the Royal Theater Project Oversight Committee.
The revitalization of the Royal Theater is an important endeavor for our community, and I believe that with greater transparency, detailed financial oversight, and improved coordination, the project can achieve its full potential.
My goal in joining the committee is to help ensure that project communications are open and accessible, that financial information is presented clearly and responsibly, and that decision-making processes are well-documented and collaborative. I am eager to contribute my time and perspective toward helping the committee operate smoothly and efficiently as it moves forward.
Thank you for considering me. I would welcome the opportunity to discuss how my involvement could support the committee’s objectives and the successful completion of this important project.
Whitney Furness
Council Member | City of Guadalupe
Agenda Item No. 18
REPORT TO THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF GUADALUPE
Agenda of January 13, 2026
_______________________________ ___________________________________ Prepared by: Approved by:
Joy Otsuki, Special Counsel to the Successor Agency David Trujillo, City Administrator SUBJECT: Resolution of the Successor Agency to the Redevelopment Agency of the City of Guadalupe approving the Last and Final Recognized Obligation Payment Schedule and Administrative Budget for July 1, 2026 through June 30, 2037 RECOMMENDATION:
That the Successor Agency Board adopt Resolution No. 2026-01 entitled “Resolution of the Successor Agency to the Redevelopment Agency of the City of Guadalupe Approving the Last and Final Recognized Obligation Payment Schedule and Administrative Budget for the July 1, 2026 through June 30, 2037 period.”
EXECUTIVE SUMMARY:
The Successor Agency to the Redevelopment Agency of the City of Guadalupe (the “Successor Agency”) was formed to administer the enforceable obligations and otherwise unwind the former affairs of the former Redevelopment Agency of the City of Guadalupe (the “Former Agency”), all currently subject to the review and approval by a seven-member Santa Barbara Countywide Oversight Board.
Pursuant to Health and Safety Code Section 34191.6(a), successor agencies that have received a Finding of Completion may file a Last and Final ROPS when the following conditions are met: (1) the remaining debt is limited to administrative costs and payments pursuant to enforceable obligations with defined payment schedules; (2) all remaining obligations have been previously listed on the ROPS and approved for payment by the Department of Finance (“DOF”); and (3) the Successor Agency is not party to outstanding or unsolved litigation.
The Successor Agency now qualifies to file a Last and Final ROPS. Accordingly, Successor Agency staff has prepared the proposed Last and Final ROPS in the form shown in Attachment No. 1 to Resolution No. OB 2026-001, attached hereto and incorporated herein by this reference.
The Successor Agency must submit the Last and Final ROPS to the Oversight Board for its approval, and pursuant to Health and Safety Code Section 34177(o)(1), upon such approval, the Successor Agency is required to submit a copy of the approved Last and Final ROPS (Approved Last and Final ROPS) to the Joy Otsuki
Santa Barbara County Auditor-Controller, and the State of California Department of Finance, and post the Approved ROPS on the Successor Agency’s website.
DISCUSSION:
The Last and Final ROPS contains no new enforceable obligations not included in the previously adopted Recognized Obligation Payment Schedule (“ROPS”). All obligations on the Last and Final ROPS have been previously approved as enforceable obligations by both the Oversight Board and the Department of Finance.
The Successor Agency received a Finding of Completion on March 18, 2013. All of the conditions set forth above are now met. The remaining debt is limited to administrative costs and bond payments pursuant to enforceable obligations with defined payment schedules; the bonds and related obligations have been previously listed on the ROPS and approved for payment by the Department of Finance; the Successor Agency is not a party to outstanding or unsolved litigation.
Item 28 on the Last and Final ROPS requests Redevelopment Property Tax Trust Funds (RPTTF) in the amounts required for payment of debt service on the Successor Agency’s outstanding bonds. Item 23 requests RPTTF to pay for administrative costs of the Successor Agency in an annual amount of $12,890, escalated at 2% per year, except that funds requested for administrative costs are higher in the final 2036-37 fiscal year. The total administrative budget for the last year of $25,350 is required as there are a number of close-out activities that will be necessary, such as submitting a request for dissolution to the Countywide Oversight Board, attending at least two Countywide Oversight Board meetings, and coordinating an audit of cash and other accounts with the County Auditor Controller. The Successor Agency’s budget for administrative costs is attached as Attachment No. 2 to Resolution 2026-01.
Upon the Countywide Oversight Board's approval, the approved Last and Final ROPS will be submitted to DOF, the State Controller's Office, and the County Auditor-Controller, and posted on the Successor Agency's website.
Upon receipt of the Last and Final ROPS. the DOF has 100 days to make its determination. Until it is approved by the DOF, the Successor Agency must submit the standard ROPS annually to the DOF.
As a result, concurrently herewith, staff has submitted a ROPS 26-27 for consideration by the Board.
If the Last and Final ROPS is approved less than 15 days before the date of the property tax distribution, it shall not be effective until the subsequent RPTTF distribution period. DOF may make amendments or changes to the Last and Final ROPS, provided that the changes are agreed to by the Successor Agency in writing.
Additional statutory terms applicable to the Last and Final ROPS are:
• If the Last and Final ROPS is approved by the DOF, the Successor Agency will no longer have to prepare and submit the ROPS nor the Prior Period Adjustment (PPA) schedule on an annual basis. • The Last and Final ROPS establishes the maximum amount of RPTTF to be distributed to the Successor Agency for each remaining fiscal year until all obligations have been fully paid.
• Only two (2) amendments are allowed to the Last and Final ROPS after DOF approval. Such amendments must first be submitted to the Countywide Oversight Board for approval before submitting them to the DOF.
• DOF will have 100 days from the date of receipt to approve or deny the amendments to the approved Last and Final ROPS.
ALTERNATIVE:
Direct the Executive Director to make modifications to the form of Administrative Budget and/or Last and Final ROPS and adopt the Resolution submitted herewith subject to such modifications.
FISCAL IMPACT:
The Successor Agency is limited to making payments reflected on an approved ROPS; therefore, approval of the Last and Final ROPS by the Successor Agency, Oversight Board and DOF is necessary for the continued operation of the Successor Agency and wind-down of the affairs of the Former Agency.
CONCLUSION:
Staff recommends that the Successor Agency Board adopt Resolution No. 2026-01.
ATTACHMENTS:
1. Successor Agency Resolution No. 2026-01 entitled “Resolution of the Successor Agency to the Redevelopment Agency of the City of Guadalupe Approving the Last and Final Recognized Obligation Payment Schedule and Administrative Budget for July 1, 2026 through June 30, 2037.” RESOLUTION NO. 2026-01
A RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY
OF GUADALUPE APPROVING A LAST AND FINAL RECOGNIZED OBLIGATION PAYMENT SCHEDULE AND ADMINISTRATIVE BUDGET FOR THE PERIOD JULY 1, 2026 TO JUNE 30, 2037 PURSUANT TO HEALTH AND SAFETY CODE SECTION 34191.6
WHEREAS, on June 29, 2011, the Legislature of the State of California (the “State”) adopted Assembly Bill x1 26 (“AB 26”), which amended provisions of the State’s Community Redevelopment Law (Health & Safety Code sections 33000 et seq.); and WHEREAS, pursuant to AB 26 and the State Supreme Court decision in California Redevelopment Association, et al. v. Ana Matasantos, et al., which upheld AB 26 (together with AB 1484, as amended to date, the “Dissolution Law”), the former Guadalupe Redevelopment Agency was dissolved on February 1, 2012; and
WHEREAS, consistent with Health and Safety Code (HSC) section 34173 (d), the City of Guadalupe became the Successor Agency to the Guadalupe Redevelopment Agency (“Successor Agency”) effective February 1, 2012; and
WHEREAS, Health and Safety Code Section 34191.6(a) of the Health and Safety Code permits a successor agency that has received a Finding of Completion to submit a Last and Final Recognized Obligation Payment Schedule ("Last and Final ROPS") when the following conditions are met: (1) the successor agency's remaining debt is limited to administrative costs and payments pursuant to enforceable obligations and defined payment schedules; (2) all remaining obligations have been previously listed on ROPS; and (3) the successor agency is not a party to outstanding or unresolved litigation; and
WHEREAS, the Successor Agency received a Finding of Completion on March 18, 2013, is not a party to any outstanding or unresolved litigation, and satisfies all other prerequisites for filing a Last and Final ROPS;
WHEREAS, Successor Agency staff has prepared a proposed Last and Final ROPS for the period July 1, 2026 to June 30, 2037 in accordance with the Dissolution Act and the format made available by the Department of Finance, a copy of which is attached as Attachment No. 1; WHEREAS, Successor Agency staff has prepared a proposed Administrative Budget for the period July 1, 2026 to June 30, 2037 in accordance with the Dissolution Act and the format required by the Oversight Board, a copy of which is attached as Attachment No. 2; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
ATTACHMENT 1
Resolution No.2026-01
NOW, THEREFORE, THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF GUADALUPE HEREBY RESOLVES, DETERMINES AND ORDERS AS FOLLOWS:
SECTION 1. The foregoing recitals are incorporated herein and made a part hereof.
SECTION 2. The Last and Final ROPS for the period July 1, 2026 to June 30, 2037, attached as “Attachment No. 1” to this Resolution, is hereby approved.
SECTION 2. The Administrative Budget for the period July 1, 2026 to June 30, 2037, attached as “Attachment No. 2” to this Resolution, is hereby approved.
SECTION 3. The Board authorizes and directs Successor Agency staff to submit the Last and Final ROPS to the Countywide Oversight Board and such other parties as required by applicable law, and take such further action as is necessary to obtain final approval of the Last and Final ROPS by all required parties of and to comply with all applicable laws.
SECTION 4. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Successor Agency hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.
SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption in accordance with, and subject to, all applicable requirements of the Dissolution Law.
[continued on next page]
Resolution No.2026-01
THE FOREGOING RESOLUTION IS APPROVED AND ADOPTED BY THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF GUADALUPE THIS 13TH DAY OF JANUARY 2026 BY THE FOLLOWING ROLL CALL VOTE:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAIN:
I, Judy Wilson, Secretary of the Successor Agency to the Redevelopment Agency of the City of Guadalupe, do hereby certify that the foregoing Successor Agency Resolution No. 2026-01 was duly adopted by the Board of the Successor Agency to the Redevelopment Agency of the City of Guadalupe at a regular meeting held on January 13, 2026.
ATTEST:
_________________________________ ___________________________________ Judy Wilson, 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 APPROVED AS TO FORM:
___________________________________
Philip F. Sinco, Successor Agency Counsel
ATTACHMENT NO. 1
TO SA RESOLUTION NO. 2026-01
(Attach ROPS)
Last and Final Recognized Obligation Payment Schedule (ROPS) - Summary Filed for the July 1, 2026 through June 30, 2037 Period Successor Agency: Guadalupe
County: Santa Barbara
Initial ROPS
Period:
26-27A
Final ROPS Period: 36-37B
Requested Funding for Enforceable Obligations Total Outstanding Obligation A Enforceable Obligations Funded as Follows (B+C) $-
B Bond Proceeds -
C Other Funds -
D Redevelopment Property Tax Trust Fund (RPTTF) (E+F) $3,453,414 E RPTTF 3,291,663
F Administrative RPTTF 161,751
G Total Outstanding Obligations (A+D) $3,453,414
Certification of Oversight Board Chairman:
Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
A Period
July - December
ROPS Period
Fund Sources
Six-Month
Bond Total
Proceeds
Other
Funds RPTTF Admin RPTTF
$- $- $3,278,613 $80,877 $3,359,490
ROPS 26-27A - - 361,569 6,445 $368,014
ROPS 27-28A - - 363,619 6,525 $370,144
ROPS 28-29A - - 365,025 6,605 $371,630
ROPS 29-30A - - 365,050 6,687 $371,737
ROPS 30-31A - - 364,725 6,771 $371,496
ROPS 31-32A - - 364,050 6,856 $370,906
ROPS 32-33A - - 368,025 6,943 $374,968
ROPS 33-34A - - 366,475 7,032 $373,507
ROPS 34-35A - - 359,575 7,123 $366,698
ROPS 35-36A - - 500 7,215 $7,715
ROPS 36-37A - - - 12,675 $12,675
B Period
January - June
Twelve-Month
Total
ROPS Period
Fund Sources
Six-Month
Bond Total
Proceeds
Other
Funds RPTTF Admin RPTTF
$- $- $13,050 $80,874 $93,924 $3,453,414
ROPS 26-27B - - 1,450 6,445 $7,895 $375,909
ROPS 27-28B - - 1,450 6,524 $7,974 $378,118
ROPS 28-29B - - 1,450 6,605 $8,055 $379,685
ROPS 29-30B - - 1,450 6,687 $8,137 $379,874
ROPS 30-31B - - 1,450 6,770 $8,220 $379,716
ROPS 31-32B - - 1,450 6,856 $8,306 $379,212
ROPS 32-33B - - 1,450 6,943 $8,393 $383,361
ROPS 33-34B - - 1,450 7,032 $8,482 $381,989
ROPS 34-35B - - 1,450 7,122 $8,572 $375,270
ROPS 35-36B - - - 7,215 $7,215 $14,930
ROPS 36-37B - - - 12,675 $12,675 $25,350
Guadalupe
Last and Final Recognized Obligation Payment Schedule (ROPS) - Summary by ROPS Period July 1, 2026 through June 30, 2037
Guadalupe
Last and Final Recognized Obligation Payment Schedule (ROPS) - ROPS Detail July 1, 2026 through June 30, 2037
(Report Amounts in Whole Dollars)
A B C D E F G H I
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project Area
Total Outstaning
Obligation
$3,453,414
2 Property Investment Third-Party Loans 06/01/2010 08/06/2020 Garcia, Henry Note Payable/amended - Royal Theatre - Henry Garcia Guadalupe - 5 Al's Union Site Remediation (Polanco Act) Professional Services 06/01/2008 06/30/2013 City of Guadalupe
Disposition of Agency Property (995 Guadalupe St) Guadalupe - 6 Al's Union Environmental Consulting
(Polanco Act)
Professional Services 06/01/2008 06/30/2015 DMI EMK Disposition of Agency Property (995 Guadalupe St) Guadalupe - 7 Due to other funds SERAF/ERAF 07/01/2009 06/30/2019 LMIHF Repayment for SERAF (2010) Guadalupe - 8 Due to other funds SERAF/ERAF 07/01/2010 06/30/2019 LMIHF Repayment for SERAF (2011) Guadalupe - 9 Due to other funds City/County Loan (Prior 06/28/
11), Other
07/01/1992 06/30/2019 LMIHF Housing deferral Payment Guadalupe - 10 Property Management & Mtce Property Dispositions 07/01/2022 06/30/2024 City of Guadalupe
Disposition of Agency Property Guadalupe -
14 Lantern Hotel Property Dispositions 06/30/2012 06/30/2012 LMIHF Disposition of Agency Property Guadalupe - 16 Due to other funds City/County Loan (Prior 06/28/
11), Other
04/01/2009 06/30/2019 LMIHF Repayment for Lantern Loan Capital Project Guadalupe - 23 Admin Cost Allowance Admin Costs 07/01/2016 06/30/2035 Successor Agency
ADMIN Guadalupe 161,751
25 Property - Lantern Hotel Property Dispositions 06/30/2012 06/30/2012 City of Guadalupe
Disposition of Agency Property Guadalupe -
26 Property Maint-Lantern & Royal Property Maintenance 06/30/2012 06/30/2012 City of Guadalupe
Management & Maintenance -
27 Remaining Property Property Dispositions 10/01/2006 06/01/2015 City of Guadalupe
Disposition of Agency Property -
28 2017 Tax Allocation Ref. Bonds Refunding Bonds Issued After 6/ 27/12
11/29/2017 08/01/2035 U.S. Bank Tax Allocation Bonds to refund 2003 Bonds 3,255,613 30 Continuing Disclosure Services Refunding Bonds Issued After 6/ 27/12
01/31/2018 08/01/2035 HDL Coren &
Cone
Continuing disclosure, dissemination agent 13,550
31 Annual Trustee Costs Refunding Bonds Issued After 6/ 27/12
11/29/2017 08/01/1935 U.S. Bank Annual Trustee Costs 22,500 33 Reconveyance Costs Property Dispositions 07/01/2022 06/30/2026 Various Contractors
Marketing Cost, Title Insurance, Escrow, Attorney and
Closing Cost
Guadalupe Project
Area
-
34 Al's Union Site Remediation Project Property Dispositions 06/01/2008 06/30/2023 DMI EMK Disposition of Agency Property (995 Guadalupe Street) Guadalupe - A
Item
#
2 5
6 7
8 9
10 14
16 23
25 26
27 28
30 31
33 34
L M
26-27A (Jul-Dec)
RPTTF Admin
RPTTF
$361,569 $6,445
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
359,069 -
- -
2,500 -
- -
- -
P Q
26-27B (Jan-Jun)
RPTTF Admin
RPTTF
$1,450 $6,445
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
1,450 -
- -
- -
- -
T U
27-28A (Jul-Dec)
RPTTF Admin
RPTTF
$363,619 $6,525
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
361,119 -
- -
2,500 -
- -
- -
X Y
27-28B (Jan-Jun)
RPTTF Admin
RPTTF
$1,450 $6,524
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
1,450 -
- -
- -
- -
AB AC
28-29A (Jul-Dec)
RPTTF Admin
RPTTF
$365,025 $6,605
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
362,525 -
- -
2,500 -
- -
- -
AF AG
28-29B (Jan-Jun)
RPTTF Admin
RPTTF
$1,450 $6,605
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
1,450 -
- -
- -
- -
AJ AK
29-30A (Jul-Dec)
RPTTF Admin
RPTTF
$365,050 $6,687
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
362,550 -
- -
2,500 -
- -
- -
AN AO
29-30B (Jan-Jun)
RPTTF Admin
RPTTF
$1,450 $6,687
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
1,450 -
- -
- -
- -
AR AS
30-31A (Jul-Dec)
RPTTF
Admin
RPTTF
$364,725 $6,771
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
362,225 -
- -
2,500 -
- -
- -
A
Item
#
2 5
6 7
8 9
10 14
16 23
25 26
27 28
30 31
33 34
AV AW
30-31B (Jan-Jun)
RPTTF Admin
RPTTF
$1,450 $6,770
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
1,450 -
- -
- -
- -
AZ BA
31-32A (Jul-Dec)
RPTTF Admin
RPTTF
$364,050 $6,856
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
361,550 -
- -
2,500 -
- -
- -
BD BE
31-32B (Jan-Jun)
RPTTF Admin
RPTTF
$1,450 $6,856
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
1,450 -
- -
- -
- -
BH BI
32-33A (Jul-Dec)
RPTTF Admin
RPTTF
$368,025 $6,943
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
365,525 -
- -
2,500 -
- -
- -
BL BM
32-33B (Jan-Jun)
RPTTF Admin
RPTTF
$1,450 $6,943
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
1,450 -
- -
- -
- -
BP BQ
33-34A (Jul-Dec)
RPTTF Admin
RPTTF
$366,475 $7,032
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
363,975 -
- -
2,500 -
- -
- -
BT BU
33-34B (Jan-Jun)
RPTTF Admin
RPTTF
$1,450 $7,032
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
1,450 -
- -
- -
- -
BX BY
34-35A (Jul-Dec)
RPTTF Admin
RPTTF
$359,575 $7,123
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
357,075 -
- -
2,500 -
- -
- -
CB CC
34-35B (Jan-Jun)
RPTTF
Admin
RPTTF
$1,450 $7,122
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
1,450 -
- -
- -
- -
A
Item
#
2 5
6 7
8 9
10 14
16 23
25 26
27 28
30 31
33 34
CF CG
35-36A (Jul-Dec)
RPTTF Admin
RPTTF
$500 $7,215
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
500 -
- -
- -
- -
CK
35-36B
(Jan-Jun)
Admin
RPTTF
$7,215
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
CO
36-37A
(Jul-Dec)
Admin
RPTTF
$12,675
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
CS
36-37B
(Jan-Jun)
Admin
RPTTF
$12,675
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
ATTACHMENT NO. 2
TO SA RESOLUTION NO. 2026-01
(Attach administrative budget)
2027-28 2028-29 2029-30 2030-31 2031-32 2032-33 2033-34 2034-35 2035-36 Task Notes Estimated hours Estimated Cost Estimated hours Estimated Cost Estimated hours Estimated Cost Estimated hours Estimated Cost Total Hours Total Amount July-December January - June Accounts Payable Invoice Coding, Review,
Approvals 1 $ 42 2 $ 163 0 $ - 0 $ - 3 $ 205 $ 103 $ 103 $ 210 $ 214 $ 218 $ 222 $ 227 $ 231 $ 236 $ 241 $ 246 General Accounting
Journal Entries of staff time,
deferred revenue, interest. Fund
Balance, Reconciliation,
Cashiering, reporting
compliance, financial
statements, audit 0 $ - 29 $ 2,370 0 $ - 0 $ - 29 $ 2,370 $ 1,185 $ 1,185 $ 2,417 $ 2,465 $ 2,515 $ 2,565 $ 2,616 $ 2,669 $ 2,722 $ 2,776 $ 2,832 Bond Related Activities Review annual Continuing
Disclosure Report 0 $ - 2.5 $ 204 0 $ - 0 $ - 2.5 $ 204 $ 102 $ 102 $ 208 $ 213 $ 217 $ 221 $ 226 $ 230 $ 235 $ 239 $ 244 1 $ 42 33.5 $ 2,737 0 $ - 0 $ - 34.5 $ 2,779 $ 1,390 $ 1,390 $ 2,835 $ 2,892 $ 2,949 $ 3,008 $ 3,069 $ 3,130 $ 3,193 $ 3,256 $ 3,322 City Overhead Rate ** 35% $ 973 $ 486 $ 486 $ 992 $ 1,012 $ 1,032 $ 1,053 $ 1,074 $ 1,095 $ 1,117 $ 1,140 $ 1,163 Subtotal $ 3,752 $ 1,876 $ 1,876 $ 3,827 $ 3,904 $ 3,982 $ 4,061 $ 4,143 $ 4,225 $ 4,310 $ 4,396 $ 4,484 Audit $ 2,000 $ 1,000 $ 1,000 $ 2,040 $ 2,081 $ 2,122 $ 2,165 $ 2,208 $ 2,252 $ 2,297 $ 2,343 $ 2,390 Allocated Costs $ 2,139 $ 1,069 $ 1,069 $ 2,181 $ 2,225 $ 2,270 $ 2,315 $ 2,361 $ 2,409 $ 2,457 $ 2,506 $ 2,556 Contingency $ 5,000 $ 2,500 $ 2,500 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 Total Projected Admin Fees for full year $ 12,891 $ 6,445 $ 6,445 $ 13,049 $ 13,210 $ 13,374 $ 13,541 $ 13,712 $ 13,886 $ 14,064 $ 14,245 $ 14,430 *Fully Burdened Rates are derived by calculating the budgeted Salaries and Benefits, devisable by the workable hours in a calendar year. Workable hours are calculated as 1,800, which is 2,080 less holidays, accruable vacation, and sick time. *The Fully Burdened Rate does not include overhead, such as lease, insurance, support services, etc. **City's Indirect Cost rate is the overhead rate as defined in the City's Allocated Cost Schedule.
City Clerk
105.63
Position:
FY 26/27 Fully Burdened Rate*:
Guadalupe Successor Agency
Administrative Expenses
ROPS FY 26-27
July 1, 2026 - June 30, 2027
Total Payroll Estimated Time Frame Finance Director Office Administrator
81.71 118.183
Accounts Payable
42.06 Task Notes Estimated hours Estimated Cost Estimated hours Estimated Cost Estimated hours Estimated Cost Estimated hours Estimated Cost Total Hours Total Amount July-December January - June Prior Period Adjustment - Due
Oct. 1
Provide Financial Reports,
Information and review PPA
prepared by Consultant 0 $ - 0 $ - 0 $ - 0 $ - 0 $ - $ - $ - Accounts Payable Invoice Coding, Review,
Approvals 1 $ 51 2 $ 199 0 $ - 0 $ - 3 $ 250 $ 125 $ 125 General Accounting
Journal Entries of staff time,
deferred revenue, interest. Fund
Balance, Reconciliation,
Cashiering, reporting
compliance, financial
statements, audit 0 $ - 30 $ 2,988 0 $ - 0 $ - 30 $ 2,988 $ 1,494 $ 1,494 City of Guadalupe Budget
Staff Report, meetings,
including monthly Budget to
Actuals Review 0 $ - 0 $ - 0 $ - 1.5 $ 216 1.5 $ 216 $ 108 $ 108 ROPS _Redevelopment Agency
Dissolution Application
Review Dissolution documents
prepared by Consultant 0 $ - 2 $ 199 0 $ - 1.5 $ 216 3.5 $ 415 $ 208 $ 208 City of Guadalupe Council
Meetings
Staff Report, Attachments,
Review, Attendance 0 $ - 4 $ 398 3 $ 209 4 $ 576 11 $ 1,184 $ 592 $ 592 Santa Barbara County Oversight
Board Meetings
Review Staff Report and
Attachments, Attendance, travel
time 0 $ - 8 $ 797 0 $ - 8 $ 1,153 16 $ 1,949 $ 975 $ 975 DOF Followup Question regarding RAD
submission 0 $ - 2 $ 199 0 $ - 2.5 $ 360 4.5 $ 559 $ 280 $ 280 1 $ 51 48 $ 4,781 3 $ 209 17.5 $ 2,521 69.5 $ 7,563 $ 3,781 $ 3,781 City Overhead Rate ** 35% $ 2,647 $ 1,323 $ 1,323
Subtotal $ 10,209 $ 5,105 $ 5,105
Successor Agency Counsel 5 $ 1,675 $ 838 $ 838
City Attorney 3 $ 1,850 $ 925 $ 925
Professional Services 5 $ 1,000 $ 500 $ 500
Allocated Costs $ 5,615 $ 2,808 $ 2,808
Contingency $ 5,000 $ 2,500 $ 2,500
Total Projected Admin Fees for full year $ 25,350 $ 12,675 $ 12,675 *Fully Burdened Rates are derived by calculating the budgeted Salaries and Benefits, devisable by the workable hours in a calendar year. Workable hours are calculated as 1,800, which is 2,080 less holidays, accruable vacation, and sick time. *The Fully Burdened Rate does not include overhead, such as lease, insurance, support services, etc. **City's Indirect Cost rate is the overhead rate as defined in the City's User Fee Schedule.
Asst. City Clerk
69.71 Position:
FY 26/27 Fully Burdened Rate*:
Guadalupe Successor Agency
Administrative Expenses
ROPS FY 36-37
July 1, 2036 - June 30, 2037
Total Payroll Estimated Time Frame Finance Director Office Administrator
99.60 144.06
Accounts Payable
51.27
Agenda Item No. 19
REPORT TO THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF GUADALUPE
Agenda of January 13, 2026
_______________________________ ___________________________________ Prepared by: Approved by:
Joy Otsuki, Special Counsel to the Successor Agency David Trujillo, City Administrator SUBJECT: Resolution of the Successor Agency to the Redevelopment Agency of the City of Guadalupe approving the Recognized Obligation Payment Schedule and Administrative Budget for the July 1, 2026 through June 30, 2027 Period RECOMMENDATION:
That the Successor Agency Board adopt Successor Agency Resolution No. 2026-02 entitled “Resolution of the Successor Agency to the Redevelopment Agency of the City of Guadalupe Approving the Recognized Obligation Payment Schedule and Administrative Budget for the July 1, 2026 through June 30, 2027 period.”
EXECUTIVE SUMMARY:
The Successor Agency to the Redevelopment Agency of the City of Guadalupe (the “Successor Agency”) was formed to administer the enforceable obligations and otherwise unwind the former affairs of the former Redevelopment Agency of the City of Guadalupe (the “Former Agency”), all currently subject to the review and approval by a seven-member Santa Barbara Countywide Oversight Board.
Notwithstanding that the Board has considered a Last and Final Recognized Obligation Payment Schedule (ROPS) concurrently herewith, the Successor Agency must submit a ROPS 26-27 in order to ensure that its enforceable obligations will be funded in the event the Last and Final ROPS is not approved prior the County Auditor-Controller’s deadline for the disbursement of Redevelopment Property Tax Trust Funds (RPTTF) for the 2026-27 fiscal year.
Pursuant to the Health and Safety Code Sections 34177(l) and (o), all Successor Agencies are required to prepare a ROPS, forward looking to the next fiscal period. The Successor Agency has adopted the ROPS and Administrative Budgets for all prior periods as required by law.
Health and Safety Code Section 34177(l)(2) requires the Successor Agency to submit the ROPS to the Oversight Board for its approval, and pursuant to Health and Safety Code Section 34177(o)(1), upon such approval, the Successor Agency is required to submit a copy of the approved ROPS (Approved ROPS) to the Santa Barbara County Auditor-Controller, and the State of California Department of Finance (DOF),and post the Approved ROPS on the Successor Agency’s website.
Joy Otsuki
DISCUSSION:
Health and Safety Code Sections 34177(m) and (o) require that the Approved ROPS for the period July 1, 2026 to June 30, 2027 (ROPS 26-27) is to be submitted to the Department of Finance and the County Auditor-Controller by February 1, 2026. Under Section 34171(h), a Recognized Obligation Payment Schedule (a “ROPS”) is "the document setting forth the minimum payment amounts and due dates of payments required by enforceable obligations for each fiscal year as provided in subdivision (o) of Section 34177."
The ROPS 26-27 set forth in Attachment No. 1 to Resolution No. 2026-02 contains the enforceable obligations related to the outstanding bonds as listed and approved on the ROPS for fiscal year 2025-26.
The proposed Administrative Budget for the ROPS 26-27 period is set forth in Attachment No. 2 to Resolution No. 2026-02. The Successor Agency is requesting $39,599 to pay administrative expenses during the ROPS 26-27 period, which is a decrease from the prior year of $25,785, or approximately 60%.
This amount falls within the statutorily calculated maximum permitted.
The administrative budget requested for the ROPS 26-27 period is higher than the administrative budget requested for the same period on the Last and Final ROPS in order to accommodate additional costs due to preparation of a Prior Period Adjustment Schedule (PPA), attendance at meetings and follow up with DOF in the event the Last and Final ROPS is not timely approved. If the Last and Final ROPS is timely approved, the Successor Agency will not have those additional costs.
The Successor Agency will submit its ROPS 26-27 and administrative budget for consideration by the Oversight Board at its January 14, 2026 meeting. After obtaining the Oversight Board's approval, Successor Agency staff will transmit the ROPS 26-27 to the DOF, with copies to the CAO, CAC, and SCO.
Upon receipt of the Oversight Board-approved ROPS, DOF has 45 days to make its determination of the enforceable obligations, including amounts and funding sources. Within five business days of DOF's determination, the Successor Agency may request additional review and an opportunity to meet and confer on disputed items. DOF has until 15 days prior to the date for property tax distribution to make its final decision after the meet and confer. The RPTTF distribution dates for the ROPS 26-27 A period and 26-27 B period are on or about June 1, 2026 and January 2, 2027, respectively.
ALTERNATIVE:
Direct the Executive Director to make modifications to the form of Administrative Budget and/or ROPS 26-27 and adopt the Resolution submitted herewith subject to such modifications.
FISCAL IMPACT:
The Successor Agency is limited to making payments reflected on an approved ROPS; therefore, approval of the ROPS by the Successor Agency, Oversight Board and DOF is essential to the continued operation of the Successor Agency and wind-down of the affairs of the Former Agency.
CONCLUSION:
Staff recommends that the Successor Agency Board adopt Resolution No. 2026-02.
ATTACHMENTS:
1. Successor Agency Resolution No. 2026-02 entitled “Resolution of the Successor Agency to the Redevelopment Agency of the City of Guadalupe Approving the Recognized Obligation Payment Schedule and Administrative Budget for the July 1, 2026 through June 30, 2027 period.” SUCCESSOR AGENCY RESOLUTION NO. 2026-02
RESOLUTION OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF
GUADALUPE APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE FOR THE JULY 1, 2026 THROUGH JUNE 30, 2027 PERIOD
WHEREAS, the Successor Agency to the Redevelopment Agency of the City of Guadalupe (“Successor Agency”) has been established to take certain actions to wind down the affairs of the Redevelopment Agency of the City of Guadalupe in accordance with Section 34173 of the Health and Safety Code; and
WHEREAS, prior to July 1, 2018 under the Dissolution Law, in particular Sections 34179 and 34180, certain actions of the Successor Agency were subject to the review and approval by a local seven member oversight board, which oversaw and administered the Successor Agency’s activities during the period from dissolution until June 30, 2018; and WHEREAS, as of, on and after July 1, 2018 under the Dissolution Law, in particular Section 34179(j), in every California county there shall be only one oversight board that is staffed by the county auditor-controller, with certain exceptions that do not apply in the County of Santa Barbara; and
WHEREAS, as of, on and after July 1, 2018 the County of Santa Barbara through the Santa Barbara County Auditor Controller established the single Santa Barbara Countywide Oversight Board (the “Oversight Board”) in compliance with Section 34179(j), which serves as the oversight board to the six successor agencies existing and operating in Santa Barbara County, including the Successor Agency; and
WHEREAS, pursuant to Section 34171(h) of the Dissolution Act, a “Recognized Obligation Payment Schedule” means the document setting forth the minimum payment amounts and due dates of payments required by enforceable obligations for each annual fiscal period as provided in Section 34177(o) of the Dissolution Act; and
WHEREAS, pursuant to Section 34177(j) of the Dissolution Act, the Successor Agency is required to prepare and submit to the Oversight Board an “Administrative Budget” for each annual fiscal period corresponding to each Recognized Obligation Payment Schedule; and WHEREAS, pursuant to Section 34177(o) of the Dissolution Act, the Successor Agency must prepare, approve, and submit to the Oversight Board for approval its Recognized Obligation Payment Schedule (“ROPS”) for the period covering July 1, 2026 through June 30, 2027 (also referred to as “ROPS 26-27”); and
WHEREAS, the ROPS 26-27 sets forth and includes the Administrative Budget prepared by the Successor Agency for the period covering July 1, 2026 through June 30, 2027; and WHEREAS, the Successor Agency will present the ROPS 26-27 and Administrative Budget to the Oversight Board on January 14, 2026; and
ATTACHMENT 1
2 WHEREAS, the Successor Agency desires to approve the form of ROPS 26-27 in the form attached to this Resolution as Attachment No. 1 and incorporated herein by this reference; and WHEREAS, the Successor Agency desires to approve the form of Administrative Budget in the form attached to this Resolution as Attachment No. 2 and incorporated herein by this reference; and
WHEREAS, following approval of ROPS 26-27 by the Successor Agency Board, pursuant to Section 34177, subdivisions (j) and (o), and Section 34180(g) of the Dissolution Act, Successor Agency staff shall submit ROPS 26-27 to the Oversight Board and DOF for approval.
NOW, THEREFORE, BE IT RESOLVED by the Successor Agency to the Redevelopment Agency of the City of Guadalupe, as follows:
SECTION 1. The foregoing recitals are incorporated into this resolution by this reference, and constitute a material part hereof.
SECTION 2. The Successor Agency Board hereby approves the ROPS 26-27 in the form attached to this Resolution as Attachment No. 1, and the Administrative Budget attached to this Resolution as Attachment No. 2, and authorizes the Successor Agency Executive Director to make such augmentation, modification, additions or revisions as he may deem appropriate.
SECTION 3. The Executive Director is further authorized and directed to transmit ROPS 26-27 to the Oversight Board, and upon approval thereof by the Oversight Board, the Executive Director is directed to transmit the approved ROPS 26-27 to the County Auditor-Controller, the State Controller’s Office, and the State Department of Finance, and to post the ROPS 26-27 on the City’s website.
SECTION 4. The Secretary on behalf of the Successor Agency Board shall certify to the adoption of this Resolution.
SECTION 5. This Resolution shall take effect upon the date of adoption. 3 THE FOREGOING RESOLUTION IS APPROVED AND ADOPTED BY THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY OF GUADALUPE THIS 13TH DAY OF JANUARY 2026 BY THE FOLLOWING ROLL CALL VOTE:
MOTION:
AYES:
NOES:
ABSENT:
ABSTAIN:
I, Judy Wilson, Secretary of the Successor Agency to the Redevelopment Agency of the City of Guadalupe, do hereby certify that the foregoing Successor Agency Resolution No. 2026-02 was duly adopted by the Board of the Successor Agency to the Redevelopment Agency of the City of Guadalupe at a regular meeting held on January 13, 2026.
ATTEST:
_________________________________ ___________________________________ Judy Wilson, 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 APPROVED AS TO FORM:
___________________________________
Philip F. Sinco, Successor Agency Counsel
ATTACHMENT NO. 1
TO SA RESOLUTION NO. 2026-02
(Attach ROPS)
Recognized Obligation Payment Schedule (ROPS 26-27) - Summary Filed for the July 1, 2026 through June 30, 2027 Period Successor Agency: Guadalupe
County: Santa Barbara
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
26-27A Total
(July -
December)
26-27B Total
(January -
June)
ROPS 26-27
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ - $ - $ - B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds - - -
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 381,479 $ 21,139 $ 402,618 F RPTTF 361,569 1,450 363,019
G Administrative RPTTF 19,910 19,689 39,599
H Current Period Enforceable Obligations (A+E) $ 381,479 $ 21,139 $ 402,618 Certification of Oversight Board Chairman:
Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
Guadalupe
Recognized Obligation Payment Schedule (ROPS 26-27) - ROPS Detail July 1, 2026 through June 30, 2027
A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
26-27
Total
ROPS 26-27A (Jul - Dec)
26-27A
Total
ROPS 26-27B (Jan - Jun)
26-27B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
$3,642,196 $402,618 $- $- $- $361,569 $19,910 $381,479 $- $- $- $1,450 $19,689 $21,139 2 Property
Investment
Third-Party
Loans
06/01/
2010
08/06/2020 Garcia,
Henry
Note
Payable/
amended -
Royal
Theatre -
Henry Garcia
Guadalupe - N $- - - - - - $- - - - - - $-
5 Al's Union Site
Remediation
(Polanco Act)
Professional
Services
06/01/
2008
06/30/2013 City of
Guadalupe
Disposition of
Agency
Property (995
Guadalupe
St)
Guadalupe - N $- - - - - - $- - - - - - $-
6 Al's Union
Environmental
Consulting
(Polanco Act)
Professional
Services
06/01/
2008
06/30/2015 DMI EMK Disposition of
Agency
Property (995
Guadalupe
St)
Guadalupe - N $- - - - - - $- - - - - - $-
7 Due to other
funds
SERAF/
ERAF
07/01/
2009
06/30/2019 LMIHF Repayment
for SERAF
(2010)
Guadalupe - N $- - - - - - $- - - - - - $-
8 Due to other
funds
SERAF/
ERAF
07/01/
2010
06/30/2019 LMIHF Repayment
for SERAF
(2011)
Guadalupe - N $- - - - - - $- - - - - - $-
9 Due to other
funds
City/County
Loan (Prior
06/28/11),
Other
07/01/
1992
06/30/2019 LMIHF Housing
deferral
Payment
Guadalupe - N $- - - - - - $- - - - - - $-
10 Property
Management
& Mtce
Property
Dispositions
07/01/
2022
06/30/2024 City of
Guadalupe
Disposition of
Agency
Property
Guadalupe - N $- - - - - - $- - - - - - $-
14 Lantern Hotel Property
Dispositions
06/30/
2012
06/30/2012 LMIHF Disposition of
Agency
Property
Guadalupe - N $- - - - - - $- - - - - - $-
16 Due to other
funds
City/County
Loan (Prior
06/28/11),
Other
04/01/
2009
06/30/2019 LMIHF Repayment
for Lantern
Loan Capital
Project
Guadalupe - N $- - - - - - $- - - - - - $-
23 Admin Cost
Allowance
Admin Costs 07/01/
2016
06/30/2035 Successor
Agency
ADMIN Guadalupe 39,599 N $39,599 - - - - 19,910 $19,910 - - - - 19,689 $19,689
A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
26-27
Total
ROPS 26-27A (Jul - Dec)
26-27A
Total
ROPS 26-27B (Jan - Jun)
26-27B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
25 Property -
Lantern Hotel
Property
Dispositions
06/30/
2012
06/30/2012 City of
Guadalupe
Disposition of
Agency
Property
Guadalupe - N $- - - - - - $- - - - - - $-
26 Property
Maint-Lantern
& Royal
Property
Maintenance
06/30/
2012
06/30/2012 City of
Guadalupe
Management
&
Maintenance
- N $- - - - - - $- - - - - - $-
27 Remaining
Property
Property
Dispositions
10/01/
2006
06/01/2015 City of
Guadalupe
Disposition of
Agency
Property
- N $- - - - - - $- - - - - - $-
28 2017 Tax
Allocation Ref.
Bonds
Refunding
Bonds
Issued After
6/27/12
11/29/
2017
08/01/2035 U.S. Bank Tax
Allocation
Bonds to
refund 2003
Bonds
3,566,547 N $359,069 - - - 359,069 - $359,069 - - - - - $- 30 Continuing
Disclosure
Services
Refunding
Bonds
Issued After
6/27/12
01/31/
2018
08/01/2035 HDL Coren
& Cone
Continuing
disclosure,
dissemination
agent
13,550 N $1,450 - - - - - $- - - - 1,450 - $1,450
31 Annual
Trustee Costs
Refunding
Bonds
Issued After
6/27/12
11/29/
2017
08/01/1935 U.S. Bank Annual
Trustee
Costs
22,500 N $2,500 - - - 2,500 - $2,500 - - - - - $-
33 Reconveyance
Costs
Property
Dispositions
07/01/
2022
06/30/2026 Various
Contractors
Marketing
Cost, Title
Insurance,
Escrow,
Attorney and
Closing Cost
Guadalupe
Project
Area
- N $- - - - - - $- - - - - - $-
34 Al's Union Site
Remediation
Project
Property
Dispositions
06/01/
2008
06/30/2023 DMI EMK Disposition of
Agency
Property (995
Guadalupe
Street)
Guadalupe - N $- - - - - - $- - - - - - $-
Guadalupe
Recognized Obligation Payment Schedule (ROPS 26-27) - Notes July 1, 2026 through June 30, 2027
Item # Notes/Comments
2 5
6 7
8 9
10 14
16 23
25 26
27 28
30 31
33 34
ATTACHMENT NO. 2
TO SA RESOLUTION NO. 2026-02
(Attach administrative budget)
Task Notes Estimated hours Estimated Cost Estimated hours Estimated Cost Estimated hours Estimated Cost Estimated hours Estimated Cost Total Hours Total Amount July-December January - June Prior Period Adjustment - Due
Oct. 1
Provide Financial Reports,
Information and review PPA
prepared by Consultant 0 $ - 2 $ 163 0 $ - 0 $ - 2 $ 163 $ 163 $ - Accounts Payable Invoice Coding, Review,
Approvals 3 $ 126 6 $ 490 0 $ - 0 $ - 9 $ 616 $ 308 $ 308 General Accounting
Journal Entries of staff time,
deferred revenue, interest. Fund
Balance, Reconciliation,
Cashiering, reporting
compliance, financial
statements, audit 0 $ - 35 $ 2,860 0 $ - 0 $ - 35 $ 2,860 $ 1,430 $ 1,430 City of Guadalupe Budget
Staff Report, meetings, including
monthly Budget to Actuals
Review 0 $ - 10 $ 817 0 $ - 1.5 $ 177 11.5 $ 994 $ 497 $ 497 ROPS _Redevelopment Agency
Dissolution Application
Review ROPS & Amended ROPS
prepared by Consultant 0 $ - 2 $ 163 0 $ - 1.5 $ 177 3.5 $ 341 $ 170 $ 170 City of Guadalupe Council
Meetings
Staff Report, Attachments,
Review, Attendance 0 $ - 4 $ 327 3 $ 172 4 $ 473 11 $ 971 $ 486 $ 486 Santa Barbara County Oversight
Board Meetings
Review Staff Report and
Attachments, Attendance, travel
time 0 $ - 8 $ 654 0 $ - 8 $ 945 16 $ 1,599 $ 800 $ 800 DOF Followup Question regarding RAD
submission 0 $ - 10 $ 817 0 $ - 2.5 $ 295 12.5 $ 1,113 $ 556 $ 556 Consultant Meetings/Emails ROPS, Amended ROPS, Last
and Final ROPS, Staff Report 0 $ - 10 $ 817 0 $ - 5 $ 591 15 $ 1,408 $ 704 $ 704 3 $ 126 87 $ 7,109 3 $ 172 22.5 $ 2,659 115.5 $ 10,066 $ 5,115 $ 4,951 City Overhead Rate ** 35% $ 3,523 $ 1,790 $ 1,733
Subtotal $ 13,589 $ 6,905 $ 6,684
Successor Agency Counsel 20 $ 6,700 $ 3,350 $ 3,350
City Attorney 10 $ 1,850 $ 925 $ 925
Professional Services 25 $ 5,000 $ 2,500 $ 2,500
Allocated Costs $ 7,460 $ 3,730 $ 3,730
Contingency $ 5,000 $ 2,500 $ 2,500
Total Projected Admin Fees for full year $ 39,599 $ 19,910 $ 19,689 *Fully Burdened Rates are derived by calculating the budgeted Salaries and Benefits, devisable by the workable hours in a calendar year. Workable hours are calculated as 1,800, which is 2,080 less holidays, accruable vacation, and sick time. *The Fully Burdened Rate does not include overhead, such as lease, insurance, support services, etc. **City's Indirect Cost rate is the overhead rate as defined in the City's User Fee Schedule.
Asst. City Clerk
57.19 Position:
FY 26/27 Fully Burdened Rate*:
Guadalupe Successor Agency
Administrative Expenses
ROPS FY 26-27
July 1, 2026 - June 30, 2027
Total Payroll Estimated Time Frame Finance Director Office Administrator
81.71 118.183
Accounts Payable
42.06