Council introduces amendment to vacant commercial property registration; fee basis to change to cost recovery

City staff presented an amendment to Guadalupe Municipal Code section 8.80.030 (vacant commercial property registration and property maintenance ordinance) proposing to remove gross‑square‑footage‑based fees and instead allow the annual registration fee to be set based on the reasonable cost of administration and enforcement (staff time, wages, inspection costs, supplies and related expenses).

Mr. Focinco, who presented the staff report, said he found legal issues with a gross‑square‑footage approach for California cities and recommended the ordinance change to permit a future resolution that will establish a fee tied to documented costs. He said staff will return with a resolution justifying the fee once finance and staff calculations are complete. The staff report also noted existing ordinance language already protects owners actively trying to lease or sell properties from fee penalties.

Council members asked whether the city has enforced the ordinance since adoption in 2023; staff said there was initial enforcement and inspections but that fee-setting and annual charges were not fully implemented. After questions about timing and transparency, the council voted to introduce the ordinance by title only and continue the item to second reading/adoption on the date listed in the staff report. Staff said the resolution establishing a specific fee will be presented after the ordinance takes effect so the council can review recommended fee amounts and options before setting the final charge.

The council did not set specific fees at this meeting; staff committed to return with recommended fee figures and supporting calculations.