City of Greenfield
599 El Camino Real
Greenfield, CA 93927
City Council Meeting Agenda
September 26, 2023
6:00 P.M.
Mayor Robert White
Mayor Pro-tem Ariana Rodriguez
Councilmembers
Yanely Martinez
Rachel Ortiz
The Greenfield City Council meeting on September 26, 2023 at 6:00 p.m. will be held in the City Council Chambers located at 599 El Camino Real, Greenfield, California 93927, and will be open to the public. This meeting will also be accessible online and may be viewed through the following options:
Facebook Live: https://www.facebook.com/GreenfieldCA/
Join Zoom Meeting: http://meeting.ci.greenfield.ca.us
Meeting ID: 844 8164 8935
PLEASE TURN OFF CELL PHONES.
A. CALL TO ORDER
B. ROLL CALL – CITY COUNCIL
C. INVOCATION BY PASTOR DIANA SALINAS
D. PLEDGE OF ALLEGIANCE
City Council Agenda
September 26, 2023
E. ADJOURN TO CLOSED SESSION
E-1. Government Code section 54956.9
Conference with Legal Counsel – Anticipated Litigation
Significant Exposure to Litigation Pursuant to paragraph (2) or (3) of subdivision (d) of section 54956.9 of the Government Code
1 case
F. RECONVENE TO OPEN SESSION
G. AGENDA REVIEW
H. CITY COUNCIL BUSINESS
H-1. ADOPTION of a Resolution of the City Council of the City of Greenfield Ratifying the Appointment of Andrew Tipton to the City of Greenfield City Council – Page 1 a. Staff Report
b. Public Comments
c. Council Comments / Review / Action
Staff Recommended Action – Adopt Resolution #2023-119
H-2. SWEARING IN Councilmember Andrew Tipton
I. PUBLIC COMMENTS FROM THE AUDIENCE REGARDING ITEMS NOT ON THE AGENDA
This portion of the Agenda allows an individual the opportunity to address the Council on any items not on the Closed Session, Consent Calendar, Public Hearings, and City Council Business. Under state regulations, no action can be taken on non-agenda items, including issues raised under this agenda item. Members of the public should be aware of this when addressing the Council regarding items not specifically referenced on this Agenda.
PLEASE NOTE: Public comments may be made in the following formats: in person, through Zoom, or by email. If you wish to make a public comment through Zoom, please use the “raise your hand” feature during the public comment section. You will be selected by the meeting host and will be allowed to say your comment aloud. If you wish to make a public comment through email, please submit your public comment to [email protected]. In the email subject line, please write your name and the agenda item or topic you are commenting on. If you wish to submit a public comment on more than one agenda item or topic, please send a separate email for each agenda item or topic you are commenting. All public comments submitted through email must be received no later than 12:00 p.m. (noon) on September 25, 2023. Comments submitted through email on time will be incorporated into the City Council Agenda and made part of the record for the meeting. Comments submitted by email that are not received on time will not be accepted. Public comments submitted by email will not be read aloud during the meeting. Please be aware that written public comments, including your name, may become public information.
J. COMMENTS FROM CITY COUNCIL
City Council Agenda
September 26, 2023
K. CONSENT CALENDAR
All matters listed under the Consent Calendar are considered routine and may be approved by one action of the City Council, unless a request for removal for discussion or explanation is received prior to the time Council votes on the motion to adopt. a. Public Comments
K-1. APPROVE Warrants #319363 through #319466 and Bank Drafts #5631 through #5649 in the amount of $1,038,519.47 – Page 2
K-2. APPROVE Minutes of the September 12, 2023 City Council Meeting – Page 19 K-3. SECOND READING AND ADOPTION of Ordinance #567 of the City Council of the City of Greenfield Cancelling of the Existing Development Agreement for Cannabis Cultivation and Distribution Facilities for Second Sun, LLC and Golden State Alternative Care Inc. (Developer and Licensee) at 721 and 799 El Camino Real – Page 28 K-4. SECOND READING AND ADOPTION of Ordinance #568 of the City Council of the City of Greenfield Cancelling of the Existing Development Agreement for Cannabis Cultivation and Distribution Facilities for Dave Bos Detail, LLC and Emerald Mission (Developer and Licensee) at 801 El Camino Real– Page 66 K-5. RECEIVE AND FILE – Monthly Reports – Finance – Page 105 L. PUBLIC HEARINGS
L-1. ADOPTION of a Resolution of the City Council of the City of Greenfield Denying a Design Review and Development Agreement for a Proposed Three-Story, 36,410-sq ft Building with 24 Multi-Family Residential Units, a 2,700-sq ft Common Area, and 8,885 sq feet of Commercial Development on a 1.42-acre Undeveloped Site on the East Side of 4th Street between Apple and Palm Avenues (APN: 024-151-011) – Page 106
a. Staff Report
b. Open Public Hearing
c. Close Public Hearing
d. City Council Comments / Review / Action
Staff Recommended Action – Adopt Resolution #2023-120
L-2. ADOPTION of a Resolution of the City Council of the City of Greenfield Approving a Design Review for a New 20,000-sq ft Pre-Fabricated Steel Building for Commercial Cannabis Cultivation Operations, a New Paved Parking Lot with 24 Parking Spaces, and Additional Landscaping on an Existing 3.18-acre Partially-Developed Lot at 689 El Camino Real (APN: 109-162-012) – Page 165
a. Staff Report
b. Open Public Hearing
c. Close Public Hearing
d. City Council Comments / Review / Action
Staff Recommended Action – Adopt Resolution #2023-121
City Council Agenda
September 26, 2023
M. CITY COUNCIL BUSINESS - CONTINUED
M-1. ADOPT A Resolution of the City Council of the City of Greenfield Approving the Walnut Place Subordination Agreement – Page 188
a. Staff Report
b. Public Comments
c. Council Comments / Review / Action
Staff Recommended Action – Adopt Resolution #2023-122
M-2. ADOPT A Resolution of the City Council of the City of Greenfield Approving the Implementation of the Postponed 2023-2024 Water Rate Increase – Page 206 a. Staff Report
b. Public Comments
c. Council Comments / Review / Action
Staff Recommended Action – Adopt Resolution #2023-123
M-3. ADOPT A Resolution of the City Council of the City of Greenfield Making Appointment to the Salinas Valley Solid Waste Authority (SVSWA) – Page 213 a. Staff Report
b. Public Comments
c. Council Comments / Review / Action
Staff Recommended Action – Adopt Resolution #2023-124
N. BRIEF REPORTS ON CONFERENCES, SEMINARS, AND MEETINGS ATTENDED BY
MAYOR AND CITY COUNCIL
a. League of California Cities Monterey Bay Division
b. Transportation Agency for Monterey County
c. Association of Monterey Bay Area Governments
d. Salinas Valley Solid Waste Authority
e. Monterey Salinas Transit
f. Monterey County Mayors’ Association
g. Salinas Valley Mayors/Managers Group
h. Planning Commission
O. CITY ATTORNEY REPORT
P. CITY MANAGER REPORT
Q. ADJOURNMENT
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk at (831) 674-5591. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting (CFR 35.102-35.104 ADA Title II). ********************************************************************************* This agenda is duly posted outside City Hall and on the City of Greenfield web site.
RESOLUTION NO. 2023-119
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD RATIFYING THE CITY COUNCIL’S APPOINTMENT OF ANDREW TIPTON TO REPRESENT
CITY COUNCIL DISTRICT ONE
WHEREAS, the City of Greenfield (“City”) District 1 City Council seat became vacant on September 1, 2023, when the incumbent moved out of District 1; and WHEREAS, pursuant to Government Code section 36512, subdivision (b), the City Council may fill a City Council vacancy by appointment within sixty (60) days of the commencement of the vacancy or by calling a special election within sixty (60) days of the vacancy; and WHEREAS, on September 8, 2023, the City published the September 12, 2023, City Council meeting agenda which included an item to consider filling of the vacant District 1 City Council seat; and
WHEREAS, the September 12, 2023, “consideration of filling City Council District #1 seat” included a discussion of the methods the City Council may use to fill a vacant City Council seat including “fill[ing] the position immediately by appointment”; and WHEREAS, on September 12, 2023, after hearing public comment and City Council deliberation, a majority of the City Councilmembers present voted to appoint Andrew Tipton to fill the District 1 City Council seat; and
WHEREAS, on September 26, 2023, Andrew Tipton was sworn into office as City Councilmember for District 1.
NOW THEREFORE, BE IT RESOLVED, that the City Council ratifies the appointment of Andrew Tipton to fill the District 1 City of Greenfield City Council seat effective immediately.
PASSED AND ADOPTED by the City Council of the City of Greenfield on this twenty-sixth day of September 2023, by the following vote:
AYES, and all in favor, thereof, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
__________________________
Robert White, Mayor
ATTEST:
__________________________
Ann F. Rathbun, City Clerk
1 9/22/2023 3:42:10 PM Page 1 of 4
Check Report
Greenfield, CA By Check Number
Date Range: 09/08/2023 - 09/21/2023
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number Bank Code: APBNK-APBNK
00174 A&G PUMPING 09/08/2023 Regular 0.00 10,500.00 319363 04483 ACE HIGH DESIGNS INC. 09/08/2023 Regular 0.00 803.97 319364 05313 AGILE OCCUPATIONAL MEDICINE, PC 09/08/2023 Regular 0.00 75.00 319365 04379 ARMANDO JR. LERMA 09/08/2023 Regular 0.00 265.00 319366 01014 ASAP SIGNS & PRINTING 09/08/2023 Regular 0.00 93.41 319367 00153 AT&T 09/08/2023 Regular 0.00 181.19 319368
04407 CINTAS CORPORATION #630 09/08/2023 Regular 0.00 304.36 319369 01942 CITY OF SOLEDAD 09/08/2023 Regular 0.00 3,297.00 319370 04681 CLARK PEST CONTROL 09/08/2023 Regular 0.00 178.00 319371 01323 COUNTY OF MONTEREY - EMERGENCY 09/08/2023 Regular 0.00 86,145.68 319372 05122 CYPRESS COAST FORD LINCOLN 09/08/2023 Regular 0.00 118.78 319373 00413 DELL MARKETING, L.P. 09/08/2023 Regular 0.00 148.85 319374 05354 DUVAL FORD 09/08/2023 Regular 0.00 63,448.68 319375 04610 ESO SOLUTIONS, INC. 09/08/2023 Regular 0.00 495.00 319376 04132 GARDAWORLD 09/08/2023 Regular 0.00 1,449.54 319377 04525 GOLDEN STATE TRUCK & TRAILER REPAIR 09/08/2023 Regular 0.00 490.35 319378 00725 GREEN RUBBER-KENNEDY AG 09/08/2023 Regular 0.00 312.70 319379 00721 GREENFIELD TRUE VALUE 09/08/2023 Regular 0.00 54.23 319380 04569 HELPING HAND HEALTH EDUCATION 09/08/2023 Regular 0.00 33.00 319381 00803 HYDRO TURF, INC. 09/08/2023 Regular 0.00 769.64 319382 01028 J.R. INTERPRETING SERVICES 09/08/2023 Regular 0.00 987.50 319383 04982 JESUS V.M. RANGEL 09/08/2023 Regular 0.00 265.00 319384 04478 MCKESSON MEDICAL-SURGICAL GOVERNMENT SOLUTIONS LLC 09/08/2023 Regular 0.00 321.45 319385 01300 MISSION LINEN SUPPLY 09/08/2023 Regular 0.00 47.91 319386 13015 MNS ENGINEERS, INC. 09/08/2023 Regular 0.00 17,770.00 319387 13004 MONTEREY BAY ANALYTICAL SERVICE 09/08/2023 Regular 0.00 3,131.00 319388 04670 NAPA AUTO PARTS 09/08/2023 Regular 0.00 356.79 319389 01424 NATIVIDAD MEDICAL CENTER 09/08/2023 Regular 0.00 62.00 319390 03896 NICK'S GARAGE 09/08/2023 Regular 0.00 62.40 319391 05358 NORMA ORNELAS 09/08/2023 Regular 0.00 100.00 319392 05143 NUTRIEN AG SOLUTIONS, INC 09/08/2023 Regular 0.00 342.67 319393 01532 O'REILLY AUTO PARTS 09/08/2023 Regular 0.00 434.97 319394 01601 PACIFIC GAS & ELECTRIC 09/08/2023 Regular 0.00 9.84 319395 03940 Regional Government Services 09/08/2023 Regular 0.00 30.00 319396 01999 SALINAS VALLEY SOLID WASTE AUTHORITY 09/08/2023 Regular 0.00 68,431.96 319397 01972 SBRPSTC-SOUTH BAY REGIONAL 09/08/2023 Regular 0.00 2,400.00 319398 04338 SHRED-IT USA 09/08/2023 Regular 0.00 146.05 319399 01933 SMITH & ENRIGHT LANDSCAPING 09/08/2023 Regular 0.00 15,925.00 319400 04835 SOUTHERN COUNTIES LUBRICANTS, LLC 09/08/2023 Regular 0.00 10,536.34 319401 04315 STAPLES ADVANTAGE 09/08/2023 Regular 0.00 241.84 319402 05280 TL ENGINEERING 09/08/2023 Regular 0.00 13,910.00 319403 04937 T-MOBILE 09/08/2023 Regular 0.00 96.40 319404
02037 TRI-CITIES DISPOSAL 09/08/2023 Regular 0.00 132,015.60 319405 04968 UNIVAR SOLUTIONS USA, INC. 09/08/2023 Regular 0.00 6,374.74 319406 05199 DENISE DUFFY & ASSOCIATES, INC. 09/08/2023 Regular 0.00 8,728.00 319407 04582 GRANITE ROCK COMPANY 09/08/2023 Regular 0.00 4,863.11 319408 13015 MNS ENGINEERS, INC. 09/08/2023 Regular 0.00 5,560.80 319409 01348 MONTEREY COUNTY INFORMATION TECHNOLOGY DEPT. 09/08/2023 Regular 0.00 1,132.69 319410 04079 VERIZON 09/08/2023 Regular 0.00 589.00 319411
04766 XIO, INC. 09/08/2023 Regular 0.00 10,525.72 319412 01318 ARMANDO MENDOZA 09/08/2023 Regular 0.00 115,837.38 319413 00174 A&G PUMPING 09/14/2023 Regular 0.00 475.75 319414 04634 ABBOTT'S PRO-POWER 09/14/2023 Regular 0.00 183.18 319415 00156 AMERICAN SUPPLY COMPANY 09/14/2023 Regular 0.00 54.77 319416 2 Check Report Date Range: 09/08/2023 - 09/21/2023
9/22/2023 3:42:10 PM Page 2 of 4
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number 05361 ARACELY LANDA 09/14/2023 Regular 0.00 558.00 319417 04379 ARMANDO JR. LERMA 09/14/2023 Regular 0.00 345.00 319418 00153 AT&T 09/14/2023 Regular 0.00 139.10 319419
05360 BRIANA CAMPOS-QUINTANILLA 09/14/2023 Regular 0.00 558.00 319420 05353 CARLOS VENEGAS 09/14/2023 Regular 0.00 300.00 319421 04407 CINTAS CORPORATION #630 09/14/2023 Regular 0.00 308.52 319422 00752 CITY OF GREENFIELD 09/14/2023 Regular 0.00 28,895.31 319423 01942 CITY OF SOLEDAD 09/14/2023 Regular 0.00 4,396.00 319426 03950 CSC of King City 09/14/2023 Regular 0.00 80.27 319427 04944 CYNTHIA ZAVALA 09/14/2023 Regular 0.00 50.00 319428 05008 EAST BAY TIRE CO. 09/14/2023 Regular 0.00 810.18 319429 04975 ERIK SANTIAGO 09/14/2023 Regular 0.00 114.00 319430 04614 ERNEST GALLARDO 09/14/2023 Regular 0.00 50.00 319431 04946 ESTELA N AVALOS 09/14/2023 Regular 0.00 25.00 319432 04287 FLUID RESOURCE MANAGEMENT 09/14/2023 Regular 0.00 25,931.57 319433 05362 FRANKYSOTOMUSIC 09/14/2023 Regular 0.00 240.00 319434 01383 GEORGE L. MEE MEMORIAL HOSPITA 09/14/2023 Regular 0.00 90.00 319435 00720 GRAINGER 09/14/2023 Regular 0.00 368.41 319436
00721 GREENFIELD TRUE VALUE 09/14/2023 Regular 0.00 140.91 319437 04498 JESUS EDUARDO ESPINOSA 09/14/2023 Regular 0.00 573.70 319438 04769 JOSE VAZQUEZ 09/14/2023 Regular 0.00 50.00 319439 13038 MCCLEOA 09/14/2023 Regular 0.00 300.00 319440
05189 MOTEL 6 09/14/2023 Regular 0.00 5,039.70 319441
05189 MOTEL 6 09/14/2023 Regular 0.00 2,351.86 319442
04670 NAPA AUTO PARTS 09/14/2023 Regular 0.00 177.31 319443 04653 NEW SV MEDIA, INC 09/14/2023 Regular 0.00 713.80 319444 01506 OFFICE DEPOT 09/14/2023 Regular 0.00 194.93 319445 01532 O'REILLY AUTO PARTS 09/14/2023 Regular 0.00 394.60 319446 01601 PACIFIC GAS & ELECTRIC 09/14/2023 Regular 0.00 25,140.24 319447 01820 RAIN FOR RENT SALINAS 09/14/2023 Regular 0.00 7,285.04 319448 04731 ROBERT URQUIDEZ 09/14/2023 Regular 0.00 50.00 319449 04338 SHRED-IT USA 09/14/2023 Regular 0.00 134.59 319450 05364 SONIA GONZALEZ 09/14/2023 Regular 0.00 103.79 319451 04315 STAPLES ADVANTAGE 09/14/2023 Regular 0.00 3.90 319452 00780 STEPHANIE GARCIA 09/14/2023 Regular 0.00 50.00 319453 05136 TIME WARNER CABLE 09/14/2023 Regular 0.00 264.94 319454 03873 U.S. Bank Equipment Finance 09/14/2023 Regular 0.00 1,914.55 319455 03912 URETSKY SECURITY 09/14/2023 Regular 0.00 200.00 319456 02208 VALLEY SAW & GARDEN EQUIPMENT 09/14/2023 Regular 0.00 926.05 319457 02210 VERIZON WIRELESS 09/14/2023 Regular 0.00 200.05 319458 04583 WEX BANK 09/14/2023 Regular 0.00 261.46 319459
02601 ZUMAR INDUSTRIES, INC. 09/14/2023 Regular 0.00 869.21 319460 00749 CITY OF GREENFIELD 09/14/2023 Regular 0.00 32.51 319461 00713 G P O A 09/14/2023 Regular 0.00 1,120.00 319462
00795 GREENFIELD POLICE SERGEANTS ASSOCIATION 09/14/2023 Regular 0.00 300.00 319463 04521 Greenfield Professional Firefighters 09/14/2023 Regular 0.00 315.00 319464 05322 OPERATING ENGINEERS LOCAL NO. 3 09/14/2023 Regular 0.00 188.28 319465 01911 SEIU Local 521 09/14/2023 Regular 0.00 675.57 319466 01916 STATE STREET BANK & TRUST CO. 09/15/2023 Bank Draft 0.00 290.37 DFT0005631 01916 STATE STREET BANK & TRUST CO. 09/15/2023 Bank Draft 0.00 413.19 DFT0005632 01916 STATE STREET BANK & TRUST CO. 09/15/2023 Bank Draft 0.00 223.60 DFT0005633 01916 STATE STREET BANK & TRUST CO. 09/15/2023 Bank Draft 0.00 1,190.00 DFT0005634 01916 STATE STREET BANK & TRUST CO. 09/15/2023 Bank Draft 0.00 2,770.00 DFT0005635 01916 STATE STREET BANK & TRUST CO. 09/15/2023 Bank Draft 0.00 1,643.94 DFT0005636 01916 STATE STREET BANK & TRUST CO. 09/15/2023 Bank Draft 0.00 400.00 DFT0005637 01916 STATE STREET BANK & TRUST CO. 09/15/2023 Bank Draft 0.00 835.00 DFT0005638 01916 STATE STREET BANK & TRUST CO. 09/15/2023 Bank Draft 0.00 350.00 DFT0005639 01916 STATE STREET BANK & TRUST CO. 09/15/2023 Bank Draft 0.00 800.00 DFT0005640 00431 DEPT OF CHILD SUPPORT SERVICES 09/15/2023 Bank Draft 0.00 471.68 DFT0005641 01916 STATE STREET BANK & TRUST CO. 09/15/2023 Bank Draft 0.00 1,717.50 DFT0005642 00384 STATE OF CALIFORNIA EDD 09/15/2023 Bank Draft 0.00 3,189.56 DFT0005643 3 Check Report Date Range: 09/08/2023 - 09/21/2023
9/22/2023 3:42:10 PM Page 3 of 4
Vendor Number Vendor Name Payment Date Payment Type Discount Amount Payment Amount Number 03103 Internal Revenue Service 09/15/2023 Bank Draft 0.00 11,008.33 DFT0005644 03103 Internal Revenue Service 09/15/2023 Bank Draft 0.00 44,488.64 DFT0005645 00384 STATE OF CALIFORNIA EDD 09/15/2023 Bank Draft 0.00 15,999.05 DFT0005646 03103 Internal Revenue Service 09/15/2023 Bank Draft 0.00 39,841.76 DFT0005647 00107 AMERICAN FAMILY LIFE 09/15/2023 Bank Draft 0.00 1,522.12 DFT0005648 00215 ANTHEM - BLUE CROSS 09/15/2023 Bank Draft 0.00 207,019.14 DFT0005649 Regular Checks
Manual Checks
Voided Checks
Discount
Payment
Payment Type Count
Bank Code APBNK Summary
Bank Drafts
EFT's
102
0 0
19 0
0.00 0.00
0.00 0.00
0.00 121 0.00
Payment
704,345.59
0.00 0.00
334,173.88
0.00 1,038,519.47
Payable
Count
151
0 0
20 0
171
4 Check Report Date Range: 09/08/2023 - 09/21/2023
9/22/2023 3:42:10 PM Page 4 of 4
All Bank Codes Check Summary
Payment Type Discount
Payment
Count Payment
Payable
Count
Regular Checks
Manual Checks
Voided Checks
Bank Drafts
EFT's
102
0 0
19 0
0.00 0.00
0.00 0.00
0.00 121 0.00
704,345.59
0.00 0.00
334,173.88
0.00 1,038,519.47
151
0 0
20 0
171
Fund Name Period Amount
Fund Summary
999 CASH CONTROL 9/2023 1,038,519.47
1,038,519.47
5 9/22/2023 3:43:16 PM Page 1 of 13
Expense Approval Report
Greenfield, CA By Fund
Payment Dates 9/8/2023 - 9/21/2023
Vendor Name Payment Number Payment Date Description (Item) Account Number Amount Fund: 100 - GENERAL FUND
GRANITE ROCK COMPANY 319408 09/08/2023 COLD MIX FOR ALLEYS 100-320-65700.000 4,863.11 VERIZON 319411 09/08/2023 JUNE - GPS SERVICES 100-110-64900.000 19.00 VERIZON 319411 09/08/2023 GPS 100-215-64900.000 -76.00
VERIZON 319411 09/08/2023 JUNE - GPS SERVICES 100-215-64900.000 304.00 VERIZON 319411 09/08/2023 JUNE - GPS SERVICES 100-310-64900.000 19.00 VERIZON 319411 09/08/2023 JUNE - GPS SERVICES 100-320-64900.000 76.00 VERIZON 319411 09/08/2023 JUNE - GPS SERVICES 100-550-64900.000 38.00 VERIZON 319411 09/08/2023 JUNE - GPS SERVICES 100-551-64900.000 19.00 VERIZON 319411 09/08/2023 JUNE - GPS SERVICES 100-601-64900.000 19.00 J.R. INTERPRETING SERVICES 319383 09/08/2023 INTERPRETING SERVICES - BU… 100-101-63100.000 493.75 J.R. INTERPRETING SERVICES 319383 09/08/2023 INTERPRETING SERVICES - CO… 100-101-63100.000 493.75 ASAP SIGNS & PRINTING 319367 09/08/2023 ENGRAVED NAMEPLATES 100-101-65100.000 62.27 ASAP SIGNS & PRINTING 319367 09/08/2023 ENGRAVED NAMEPLATES 100-601-63100.000 31.14 GREENFIELD TRUE VALUE 319380 09/08/2023 MAINTENANCE SUPPLIES 100-111-65900.000 35.51 CSC of King City 319427 09/14/2023 7822 - AIR BRAKE TEE 100-320-66300.000 80.27 OFFICE DEPOT 319445 09/14/2023 COPY PAPER 100-111-61200.000 194.93 GREENFIELD TRUE VALUE 319380 09/08/2023 MAINTENANCE SUPPLIES 100-111-65900.000 13.79 GRAINGER 319436 09/14/2023 VACUUM - CVC 100-111-71200.000 368.41 O'REILLY AUTO PARTS 319446 09/14/2023 3735 - FUEL/WTR SEP 100-320-66300.000 21.21 O'REILLY AUTO PARTS 319394 09/08/2023 3735 - OIL FILTER 100-320-66300.000 10.01 STAPLES ADVANTAGE 319452 09/14/2023 JANITORIAL SUPPLIES 100-111-65600.000 3.90 MNS ENGINEERS, INC. 319387 09/08/2023 SMALL PROJECT ENGINEERING…100-24718 420.00 PACIFIC GAS & ELECTRIC 319447 09/14/2023 MONTHLY UTILITIES 100-550-64100.000 154.43 PACIFIC GAS & ELECTRIC 319447 09/14/2023 MONTHLY UTILITIES 100-551-64100.000 379.39 PACIFIC GAS & ELECTRIC 319447 09/14/2023 MONTHLY UTILITIES 100-551-64200.000 22.96 PACIFIC GAS & ELECTRIC 319447 09/14/2023 MONTHLY UTILITIES 100-590-64100.000 363.92 NEW SV MEDIA, INC 319444 09/14/2023 NOTICE OF PUBLIC HEARINGS 100-601-67600.000 713.80 CLARK PEST CONTROL 319371 09/08/2023 PEST CONTROL SERVICE 100-111-65900.000 178.00 O'REILLY AUTO PARTS 319394 09/08/2023 BRAKE CLEAN 100-320-65700.000 91.72 STAPLES ADVANTAGE 319402 09/08/2023 LINERS/PLANNER FOR UTILITI… 100-111-65600.000 40.62 STAPLES ADVANTAGE 319402 09/08/2023 LINERS/PLANNER FOR UTILITI… 100-310-61400.000 28.37 NATIVIDAD MEDICAL CENTER 319390 09/08/2023 BLOOD ALCOHOL DUI TEST 100-215-63400.000 62.00 SOUTHERN COUNTIES LUBRIC… 319401 09/08/2023 GASOLINE/DIESEL 100-111-66100.000 155.89 SOUTHERN COUNTIES LUBRIC… 319401 09/08/2023 GASOLINE/DIESEL 100-215-66100.000 5,456.19 SOUTHERN COUNTIES LUBRIC… 319401 09/08/2023 GASOLINE/DIESEL 100-320-66100.000 512.32 SOUTHERN COUNTIES LUBRIC… 319401 09/08/2023 GASOLINE/DIESEL 100-550-66100.000 621.99 SOUTHERN COUNTIES LUBRIC… 319401 09/08/2023 GASOLINE/DIESEL 100-551-66100.221 155.89 SOUTHERN COUNTIES LUBRIC… 319401 09/08/2023 GASOLINE/DIESEL 100-601-66100.000 77.95 VALLEY SAW & GARDEN EQUI… 319457 09/14/2023 7812,7537 EQUIPMENT SERVI… 100-320-66300.000 421.06 VALLEY SAW & GARDEN EQUI… 319457 09/14/2023 7812,7537 EQUIPMENT SERVI… 100-550-65700.000 153.16 VALLEY SAW & GARDEN EQUI… 319457 09/14/2023 7812,7537 EQUIPMENT SERVI… 100-550-66300.000 66.50 ACE HIGH DESIGNS INC. 319364 09/08/2023 FINANCE DEPT UNIFORM SHI… 100-110-61400.000 68.78 ACE HIGH DESIGNS INC. 319364 09/08/2023 FINANCE DEPT UNIFORM SHI… 100-190-61400.000 354.39 HYDRO TURF, INC. 319382 09/08/2023 IRRIGATION SUPPLIES FOR PA… 100-550-65700.000 619.84 HYDRO TURF, INC. 319382 09/08/2023 IRRIGATION SUPPLIES 100-550-65700.000 149.80 TRI-CITIES DISPOSAL 319405 09/08/2023 STREET SWEEPING LANDFIELD…100-320-64400.000 1,949.98 CITY OF GREENFIELD 319423 09/14/2023 599 EL CAMINO REAL 100-111-64300.000 66.55 CITY OF GREENFIELD 319423 09/14/2023 597 EL CAMINO REAL LS 100-111-64300.000 417.77 CITY OF GREENFIELD 319423 09/14/2023 599 EL CAMINO REAL 100-111-64400.000 37.16 TRI-CITIES DISPOSAL 319405 09/08/2023 ADMIN HEARING SERVICES 100-191-64400.000 130,065.62 ARMANDO JR. LERMA 319366 09/08/2023 PER-DIEM - FIREARMS INSTRU…100-215-67200.000 265.00 JESUS V.M. RANGEL 319384 09/08/2023 PER-DIEM - FIREARMS INSTRU…100-215-67200.000 265.00 CITY OF GREENFIELD 319423 09/14/2023 899 CHERRY AVENUE - CVC BK…100-320-64300.000 40.14 6 Expense Approval Report Payment Dates: 9/8/2023 - 9/21/2023 9/22/2023 3:43:16 PM Page 2 of 13
Vendor Name Payment Number Payment Date Description (Item) Account Number Amount CITY OF GREENFIELD 319423 09/14/2023 45 ELMWOOD DR - PERC POND 100-320-64300.000 21.99 CITY OF GREENFIELD 319423 09/14/2023 786 APRICOT STREET #PERC P… 100-320-64300.000 21.34 CITY OF GREENFIELD 319423 09/14/2023 PALM & FWY WEST - 101 SPR… 100-320-64300.000 66.45 CITY OF GREENFIELD 319423 09/14/2023 263 PALO VERDE ST - PERC P… 100-320-64300.000 67.14 CITY OF GREENFIELD 319423 09/14/2023 1245 APPLE AVE - PERC POND 100-320-64300.000 22.71 CITY OF GREENFIELD 319423 09/14/2023 PALM & FWY EAST - 101 SPR 100-320-64300.000 39.71 CITY OF GREENFIELD 319423 09/14/2023 1245 GREENLEAF LP - PERC P… 100-320-64300.000 115.98 CITY OF GREENFIELD 319423 09/14/2023 520 TENTH STREET 100-320-64400.000 130.57 CITY OF GREENFIELD 319423 09/14/2023 455 TENTH PRIMAVERA PARK 100-550-64300.000 97.53 CITY OF GREENFIELD 319423 09/14/2023 1357 OAK AVE - PATRIOT PARK…100-550-64300.000 15,449.94 CITY OF GREENFIELD 319423 09/14/2023 1355 OAK AVE - IRRIGATION 100-550-64300.000 3,095.36 CITY OF GREENFIELD 319423 09/14/2023 221 PINOT AVE - CITY PARK 100-550-64300.000 706.83 CITY OF GREENFIELD 319423 09/14/2023 300 APPLE AVENUE PARK 100-550-64300.000 692.75 CITY OF GREENFIELD 319423 09/14/2023 207 TUSCANY AVENUE PARK 100-550-64300.000 543.03 CITY OF GREENFIELD 319423 09/14/2023 540 BAYWOOD WAY 100-550-64300.000 364.36 CITY OF GREENFIELD 319423 09/14/2023 801 APRICOT STREET PARK 100-550-64300.000 297.16 CITY OF GREENFIELD 319423 09/14/2023 890 TYLER AVE - CITY PARK 100-550-64300.000 371.34 CITY OF GREENFIELD 319423 09/14/2023 100 FIFTH STREET PARK 100-550-64300.000 43.80 CITY OF GREENFIELD 319423 09/14/2023 328 PARKSIDE CT 100-550-64300.000 203.92 CITY OF GREENFIELD 319423 09/14/2023 303 EL CAMINO REAL MUSE… 100-550-64300.000 185.82 CITY OF GREENFIELD 319423 09/14/2023 520 TENTH STREET 100-550-64400.000 130.58 CITY OF GREENFIELD 319423 09/14/2023 300 APPLE AVENUE PARK 100-550-64400.000 45.91 CITY OF GREENFIELD 319423 09/14/2023 213 EL CAMINO REAL N 100-551-64300.000 16.44 CITY OF GREENFIELD 319423 09/14/2023 215 EL CAMINO REAL N 100-551-64300.000 22.59 CITY OF GREENFIELD 319423 09/14/2023 1355 OAK AVE #PP RESTROOM 100-551-64300.000 101.49 CITY OF GREENFIELD 319423 09/14/2023 1351 OAK AVE/COMMUNITY … 100-551-64300.000 47.28 CITY OF GREENFIELD 319423 09/14/2023 1351 OAK AVE FIRE PROTECTI… 100-551-64300.000 40.14 CITY OF GREENFIELD 319423 09/14/2023 1351 OAK AVE/COMMUNITY … 100-551-64400.000 241.74 CITY OF GREENFIELD 319423 09/14/2023 215 EL CAMINO REAL N 100-551-64400.000 59.95 CITY OF GREENFIELD 319423 09/14/2023 131 THIRTEENTH ST DAY CARE 100-590-64300.000 52.11 CINTAS CORPORATION #630 319369 09/08/2023 UNIFORMS 100-111-65200.000 13.30 CINTAS CORPORATION #630 319369 09/08/2023 JANITORIAL SUPPLIES 100-111-65600.000 61.60 CINTAS CORPORATION #630 319369 09/08/2023 UNIFORMS 100-320-65200.000 46.53 CINTAS CORPORATION #630 319369 09/08/2023 UNIFORMS 100-550-65200.000 46.53 SHRED-IT USA 319450 09/14/2023 SHREDDING SERVICES - POLICE…100-215-63400.000 134.59 SBRPSTC-SOUTH BAY REGION… 319398 09/08/2023 PD BASIC TRAFFIC COLLISION … 100-215-67200.000 2,400.00 COUNTY OF MONTEREY - EM… 319372 09/08/2023 PD NGEN AND DISPATCH CO… 100-215-63400.000 75,539.24 GARDAWORLD 319377 09/08/2023 ARMED TRANSPORTATION SE… 100-190-63300.000 1,449.54 ABBOTT'S PRO-POWER 319415 09/14/2023 7538 - FOLD ARM 100-550-66300.000 183.18 MCCLEOA 319440 09/14/2023 MEMBERSHIP DUES - CHIEF M…100-201-68300.000 300.00 SALINAS VALLEY SOLID WASTE…319397 09/08/2023 WASTE SERVICES FY 23-24 100-191-64400.000 68,431.96 VALLEY SAW & GARDEN EQUI… 319457 09/14/2023 7837 - CHAIN DRIVE / 7525 - … 100-320-66300.000 61.16 VALLEY SAW & GARDEN EQUI… 319457 09/14/2023 7837 - CHAIN DRIVE / 7525 - … 100-550-66300.000 37.12 VALLEY SAW & GARDEN EQUI… 319457 09/14/2023 EDGER BLADE/ADAPTOR KIT 100-320-65700.000 93.52 VALLEY SAW & GARDEN EQUI… 319457 09/14/2023 EDGER BLADE/ADAPTOR KIT 100-550-65700.000 93.53 STEPHANIE GARCIA 319453 09/14/2023 PLANNING COMMISSION STIP… 100-601-67100.000 50.00 SONIA GONZALEZ 319451 09/14/2023 REIMBURSEMENT - BOOTS FY …100-111-65200.000 103.79 NORMA ORNELAS 319392 09/08/2023 SOFTBALL CAMP PLANNING A… 100-551-63500.000 100.00 WEX BANK 319459 09/14/2023 GASOLINE 100-215-67200.000 85.02 WEX BANK 319459 09/14/2023 GASOLINE 100-230-67200.000 176.44 CINTAS CORPORATION #630 319422 09/14/2023 UNIFORMS 100-111-65200.000 13.30 CINTAS CORPORATION #630 319422 09/14/2023 JANITORIAL SUPPLIES 100-111-65600.000 61.60 CINTAS CORPORATION #630 319422 09/14/2023 UNIFORMS 100-320-65200.000 46.53 CINTAS CORPORATION #630 319422 09/14/2023 UNIFORMS 100-550-65200.000 46.53 JOSE VAZQUEZ 319439 09/14/2023 PLANNING COMMISSION STIP… 100-601-67100.000 50.00 ERNEST GALLARDO 319431 09/14/2023 PLANNING COMMISSION STIP… 100-601-67100.000 50.00 ROBERT URQUIDEZ 319449 09/14/2023 PLANNING COMMISSION STIP… 100-601-67100.000 50.00 CYNTHIA ZAVALA 319428 09/14/2023 PLANNING COMMISSION STIP… 100-601-67100.000 50.00 ERIK SANTIAGO 319430 09/14/2023 PER-DIEM - LAW ENFORCEME… 100-215-67200.000 114.00 U.S. Bank Equipment Finance 319455 09/14/2023 PD COPIER LEASE RENEWAL F… 100-201-61200.000 1,914.55 7 Expense Approval Report Payment Dates: 9/8/2023 - 9/21/2023 9/22/2023 3:43:16 PM Page 3 of 13
Vendor Name Payment Number Payment Date Description (Item) Account Number Amount AMERICAN FAMILY LIFE DFT0005648 09/15/2023 August 2023 100-22440 1,480.96 SEIU Local 521 319466 09/14/2023 COPE - Union Dues 100-22420 0.23 SEIU Local 521 319466 09/14/2023 Union Dues 100-22420 274.79 STATE STREET BANK & TRUST … DFT0005631 09/15/2023 Defer Comp-Misc Employees 100-22430 87.11 STATE STREET BANK & TRUST … DFT0005633 09/15/2023 Deferred Compensation Loan … 100-22435 223.60 STATE STREET BANK & TRUST … DFT0005634 09/15/2023 Defer Comp-GPOA 100-22430 400.00 STATE STREET BANK & TRUST … DFT0005635 09/15/2023 Defer Comp-GPSA 100-22430 1,084.43 STATE STREET BANK & TRUST … DFT0005636 09/15/2023 Defer Comp-Management 100-22430 660.00 STATE STREET BANK & TRUST … DFT0005637 09/15/2023 Defer Comp-Mid Management 100-22430 220.00 STATE STREET BANK & TRUST … DFT0005638 09/15/2023 Defer Comp-Misc Employees 100-22430 250.00 STATE STREET BANK & TRUST … DFT0005639 09/15/2023 Defer Comp-OE3 Employees 100-22430 350.00 STATE STREET BANK & TRUST … DFT0005640 09/15/2023 Defer Comp-Chief of Police 100-22430 800.00 G P O A 319462 09/14/2023 GPOA DUES 100-22410 320.00
OPERATING ENGINEERS LOCAL…319465 09/14/2023 Union Dues 100-22420 62.76 STATE STREET BANK & TRUST … DFT0005642 09/15/2023 Roth Retirement 100-22431 1,717.50 GREENFIELD POLICE SERGEAN… 319463 09/14/2023 GPSA DUES 100-22415 151.44 CITY OF GREENFIELD 319461 09/14/2023 Weapon Repay 100-22481 32.51 STATE OF CALIFORNIA EDD DFT0005643 09/15/2023 SDI 100-22225 1,039.34 Internal Revenue Service DFT0005644 09/15/2023 Medicare 100-22215 3,754.51 Internal Revenue Service DFT0005645 09/15/2023 Social Security 100-22215 14,466.98 STATE OF CALIFORNIA EDD DFT0005646 09/15/2023 State Withholding 100-22220 4,791.03 Internal Revenue Service DFT0005647 09/15/2023 Federal Tax Withholding 100-22210 13,069.53 Fund 100 - GENERAL FUND Total: 371,802.48
Fund: 102 - Fire General
MONTEREY COUNTY INFORM…319410 09/08/2023 FD-RADIO NETWORK ACCESS 102-250-63200.000 1,132.69 HELPING HAND HEALTH EDUC…319381 09/08/2023 BLS PROVIDER CARD 102-250-67400.000 33.00 SOUTHERN COUNTIES LUBRIC… 319401 09/08/2023 GASOLINE/DIESEL 102-250-66100.000 978.42 MISSION LINEN SUPPLY 319386 09/08/2023 JANITORIAL SUPPLIES 102-250-65600.000 47.91 CITY OF GREENFIELD 319423 09/14/2023 380 OAK AVE 102-250-64300.000 187.40 CITY OF GREENFIELD 319423 09/14/2023 380 OAK AVE - FIRE PROTECTI… 102-250-64300.000 40.14 CITY OF GREENFIELD 319423 09/14/2023 380 OAK AVE 102-250-64400.000 289.72 COUNTY OF MONTEREY - EM… 319372 09/08/2023 FD-FY 23/24 DISPATCHING 102-250-64900.000 10,606.44 MCKESSON MEDICAL-SURGIC… 319385 09/08/2023 EPINEPHRINE 102-250-65400.000 321.45 DUVAL FORD 319375 09/08/2023 New FD Command Vehicle 102-250-95690.000 63,448.68 STATE STREET BANK & TRUST … DFT0005632 09/15/2023 Defer Comp-Misc Employees 102-22430 155.93 STATE STREET BANK & TRUST … DFT0005638 09/15/2023 Defer Comp-Misc Employees 102-22430 300.00 Greenfield Professional Firefig…319464 09/14/2023 Fire Union Dues 102-22410 210.00 DEPT OF CHILD SUPPORT SERV…DFT0005641 09/15/2023 Misc Withholding 102-22450 471.68 STATE OF CALIFORNIA EDD DFT0005643 09/15/2023 SDI 102-22225 437.25 Internal Revenue Service DFT0005644 09/15/2023 Medicare 102-22215 1,408.84 Internal Revenue Service DFT0005645 09/15/2023 Social Security 102-22215 6,024.20 STATE OF CALIFORNIA EDD DFT0005646 09/15/2023 State Withholding 102-22220 2,590.03 Internal Revenue Service DFT0005647 09/15/2023 Federal Tax Withholding 102-22210 6,033.39 Fund 102 - Fire General Total: 94,717.17
Fund: 105 - Community Outreach
A&G PUMPING 319414 09/14/2023 STATIONARY CLEANING RENT… 105-105-78100.000 475.75 CARLOS VENEGAS 319421 09/14/2023 MEAL FOR SEPTEMBER SENIO… 105-105-68200.000 200.00 CARLOS VENEGAS 319421 09/14/2023 SEPTEMBER SENIOR SOCIAL … 105-105-68200.000 100.00 ARACELY LANDA 319417 09/14/2023 YOUTH COMMISSIONER SU… 105-105-78150.000 558.00 BRIANA CAMPOS-QUINTANIL… 319420 09/14/2023 YOUTH COMMISSIONER SU… 105-105-78150.000 558.00 MOTEL 6 319441 09/14/2023 EFSP - K. VASQUEZ 105-105-78140.000 5,039.70 MOTEL 6 319442 09/14/2023 EFSP - V. CEJA 105-105-78140.000 2,351.86 FRANKYSOTOMUSIC 319434 09/14/2023 SEPTEMBER SENIOR SOCIAL E… 105-105-68200.000 240.00 STATE OF CALIFORNIA EDD DFT0005643 09/15/2023 SDI 105-22225 47.59 Internal Revenue Service DFT0005644 09/15/2023 Medicare 105-22215 153.38 Internal Revenue Service DFT0005645 09/15/2023 Social Security 105-22215 655.80 STATE OF CALIFORNIA EDD DFT0005646 09/15/2023 State Withholding 105-22220 123.42 Internal Revenue Service DFT0005647 09/15/2023 Federal Tax Withholding 105-22210 242.23 Fund 105 - Community Outreach Total: 10,745.73
8 Expense Approval Report Payment Dates: 9/8/2023 - 9/21/2023 9/22/2023 3:43:16 PM Page 4 of 13
Vendor Name Payment Number Payment Date Description (Item) Account Number Amount Fund: 200 - SUPPLEMENTAL LAW ENFORCEMENT
ARMANDO JR. LERMA 319418 09/14/2023 PER-DIEM - ICI GANG FOUND… 200-205-67200.000 345.00 Fund 200 - SUPPLEMENTAL LAW ENFORCEMENT Total: 345.00
Fund: 220 - Supplemental Transactions & Use Tax Fund (V & W) ESTELA N AVALOS 319432 09/14/2023 REIMBURSEMENT - CODE EN… 220-605-67200.000 25.00 STATE STREET BANK & TRUST … DFT0005632 09/15/2023 Defer Comp-Misc Employees 220-22430 257.26 STATE STREET BANK & TRUST … DFT0005634 09/15/2023 Defer Comp-GPOA 220-22430 790.00 STATE STREET BANK & TRUST … DFT0005635 09/15/2023 Defer Comp-GPSA 220-22430 1,685.57 STATE STREET BANK & TRUST … DFT0005637 09/15/2023 Defer Comp-Mid Management 220-22430 100.00 STATE STREET BANK & TRUST … DFT0005638 09/15/2023 Defer Comp-Misc Employees 220-22430 150.00 Greenfield Professional Firefig…319464 09/14/2023 Fire Union Dues 220-22410 105.00 G P O A 319462 09/14/2023 GPOA DUES 220-22410 800.00
OPERATING ENGINEERS LOCAL…319465 09/14/2023 Union Dues 220-22420 125.52 GREENFIELD POLICE SERGEAN… 319463 09/14/2023 GPSA DUES 220-22415 148.56 STATE OF CALIFORNIA EDD DFT0005643 09/15/2023 SDI 220-22225 1,042.80 Internal Revenue Service DFT0005644 09/15/2023 Medicare 220-22215 3,685.54 Internal Revenue Service DFT0005645 09/15/2023 Social Security 220-22215 14,763.60 STATE OF CALIFORNIA EDD DFT0005646 09/15/2023 State Withholding 220-22220 6,239.52 Internal Revenue Service DFT0005647 09/15/2023 Federal Tax Withholding 220-22210 14,301.12 Fund 220 - Supplemental Transactions & Use Tax Fund (V & W) Total: 44,219.49 Fund: 230 - GAS TAX FUND
PACIFIC GAS & ELECTRIC 319447 09/14/2023 STREET LIGHTING 230-320-64100.000 5,119.58 ZUMAR INDUSTRIES, INC. 319460 09/14/2023 STREET SIGNS 230-320-65700.000 869.21 PACIFIC GAS & ELECTRIC 319447 09/14/2023 MONTHLY UTILITIES 230-320-64100.000 263.79 CITY OF GREENFIELD 319423 09/14/2023 110 EL CAMINO REAL CENTER… 230-320-64300.000 18.96 CITY OF GREENFIELD 319423 09/14/2023 18 S EL CAMINO REAL - MEDI… 230-320-64300.000 74.45 CITY OF GREENFIELD 319423 09/14/2023 140 EL CAMINO REAL CENTER… 230-320-64300.000 18.02 CITY OF GREENFIELD 319423 09/14/2023 MORRIS AVE - MEDIAN STIP 230-320-64300.000 16.31 CITY OF GREENFIELD 319423 09/14/2023 131 S EL CAMINO REAL LS 230-320-64300.000 4.54 CITY OF GREENFIELD 319423 09/14/2023 208 EL CAMINO REAL MEDIAN 230-320-64300.000 18.49 Fund 230 - GAS TAX FUND Total: 6,403.35
Fund: 263 - LLM #1 - LEXINGTON
SMITH & ENRIGHT LANDSCAP… 319400 09/08/2023 MARIPOSA PLACE 263-360-63700.000 715.00 SMITH & ENRIGHT LANDSCAP… 319400 09/08/2023 LEXINGTON SQUARE SUBDIVIS…263-360-63700.000 1,695.00 MNS ENGINEERS, INC. 319387 09/08/2023 SPECIAL ASSESSMENT ENGINE…263-360-63600.000 712.50 CITY OF GREENFIELD 319423 09/14/2023 400 CARDONA CIRCLE 263-360-64300.000 21.24 CITY OF GREENFIELD 319423 09/14/2023 326 WILSON DRIVE 263-360-64300.000 218.68 CITY OF GREENFIELD 319423 09/14/2023 0000 GIANOLINI PARKWAY 263-360-64300.000 264.61 CITY OF GREENFIELD 319423 09/14/2023 324 WILSON CIRCLE 263-360-64300.000 23.48 GREENFIELD TRUE VALUE 319437 09/14/2023 FENCE BOARDS 263-360-65700.000 124.39 SEIU Local 521 319466 09/14/2023 Union Dues 263-22420 4.41 STATE OF CALIFORNIA EDD DFT0005643 09/15/2023 SDI 263-22225 7.77 Internal Revenue Service DFT0005644 09/15/2023 Medicare 263-22215 24.94 Internal Revenue Service DFT0005645 09/15/2023 Social Security 263-22215 106.54 STATE OF CALIFORNIA EDD DFT0005646 09/15/2023 State Withholding 263-22220 14.57 Internal Revenue Service DFT0005647 09/15/2023 Federal Tax Withholding 263-22210 50.29 Fund 263 - LLM #1 - LEXINGTON Total: 3,983.42
Fund: 264 - LLM #2 - TERRA VERDE, ETC
SMITH & ENRIGHT LANDSCAP… 319400 09/08/2023 LA VINA SUBDIVISION 264-360-63700.000 3,510.00 SMITH & ENRIGHT LANDSCAP… 319400 09/08/2023 TRADITIONS SUBDIVISION 264-360-63700.000 3,200.00 SMITH & ENRIGHT LANDSCAP… 319400 09/08/2023 ST CHARLES LANDSCAPE AND … 264-360-63700.000 2,625.00 SMITH & ENRIGHT LANDSCAP… 319400 09/08/2023 TERRA VERDE SUBDIVISION 264-360-63700.000 1,710.00 SMITH & ENRIGHT LANDSCAP… 319400 09/08/2023 ST CHARLES GAZEBO 264-360-63700.000 1,135.00 SMITH & ENRIGHT LANDSCAP… 319400 09/08/2023 ST CHRISTOPHER PARK 264-360-63700.000 1,115.00 SMITH & ENRIGHT LANDSCAP… 319400 09/08/2023 BAROLO PARK 264-360-63700.000 220.00 PACIFIC GAS & ELECTRIC 319447 09/14/2023 STREET LIGHTING 264-360-64100.000 634.61 MNS ENGINEERS, INC. 319387 09/08/2023 SPECIAL ASSESSMENT ENGINE…264-360-63600.000 712.50 PACIFIC GAS & ELECTRIC 319447 09/14/2023 MONTHLY UTILITIES 264-360-64100.000 178.31 CITY OF GREENFIELD 319423 09/14/2023 411 - A CARDONA CIRCLE 264-360-64300.000 69.41 9 Expense Approval Report Payment Dates: 9/8/2023 - 9/21/2023 9/22/2023 3:43:16 PM Page 5 of 13
Vendor Name Payment Number Payment Date Description (Item) Account Number Amount CITY OF GREENFIELD 319423 09/14/2023 THORP / WALNUT TREE LINE 264-360-64300.000 39.71 CITY OF GREENFIELD 319423 09/14/2023 385 THORP AVE 264-360-64300.000 30.98 CITY OF GREENFIELD 319423 09/14/2023 20 WALKER LANE ISLAND 264-360-64300.000 144.74 CITY OF GREENFIELD 319423 09/14/2023 246 BORZINI CIRCLE 264-360-64300.000 731.67 CITY OF GREENFIELD 319423 09/14/2023 98 S EL CAMINO REAL / PARK 264-360-64300.000 662.38 CITY OF GREENFIELD 319423 09/14/2023 200 RAVA PARKWAY PARK 264-360-64300.000 629.96 CITY OF GREENFIELD 319423 09/14/2023 634 ST CHRISTOPHER LANE 264-360-64300.000 327.24 CITY OF GREENFIELD 319423 09/14/2023 300 LAS MANZANITAS DRIVE 264-360-64300.000 164.49 CITY OF GREENFIELD 319423 09/14/2023 355 THORP AVENUE - TREE LI… 264-360-64300.000 93.18 CITY OF GREENFIELD 319423 09/14/2023 317 MORENO STREET 264-360-64300.000 110.34 CITY OF GREENFIELD 319423 09/14/2023 349 LAS MANZANITAS DRIVE … 264-360-64300.000 45.39 CITY OF GREENFIELD 319423 09/14/2023 632 VAZQUEZ AVENUE 264-360-64300.000 143.57 SEIU Local 521 319466 09/14/2023 Union Dues 264-22420 4.41 STATE OF CALIFORNIA EDD DFT0005643 09/15/2023 SDI 264-22225 7.80 Internal Revenue Service DFT0005644 09/15/2023 Medicare 264-22215 25.02 Internal Revenue Service DFT0005645 09/15/2023 Social Security 264-22215 106.90 STATE OF CALIFORNIA EDD DFT0005646 09/15/2023 State Withholding 264-22220 14.59 Internal Revenue Service DFT0005647 09/15/2023 Federal Tax Withholding 264-22210 50.40 Fund 264 - LLM #2 - TERRA VERDE, ETC Total: 18,442.60
Fund: 265 - SMD #1
MNS ENGINEERS, INC. 319387 09/08/2023 SPECIAL ASSESSMENT ENGINE…265-360-63600.000 712.50 SEIU Local 521 319466 09/14/2023 Union Dues 265-22420 4.41 STATE OF CALIFORNIA EDD DFT0005643 09/15/2023 SDI 265-22225 7.77 Internal Revenue Service DFT0005644 09/15/2023 Medicare 265-22215 24.94 Internal Revenue Service DFT0005645 09/15/2023 Social Security 265-22215 106.54 STATE OF CALIFORNIA EDD DFT0005646 09/15/2023 State Withholding 265-22220 14.57 Internal Revenue Service DFT0005647 09/15/2023 Federal Tax Withholding 265-22210 50.29 Fund 265 - SMD #1 Total: 921.02
Fund: 266 - SMD #2
MNS ENGINEERS, INC. 319387 09/08/2023 SPECIAL ASSESSMENT ENGINE…266-360-63600.000 712.50 SEIU Local 521 319466 09/14/2023 Union Dues 266-22420 4.39 STATE OF CALIFORNIA EDD DFT0005643 09/15/2023 SDI 266-22225 7.64 Internal Revenue Service DFT0005644 09/15/2023 Medicare 266-22215 24.78 Internal Revenue Service DFT0005645 09/15/2023 Social Security 266-22215 106.12 STATE OF CALIFORNIA EDD DFT0005646 09/15/2023 State Withholding 266-22220 14.55 Internal Revenue Service DFT0005647 09/15/2023 Federal Tax Withholding 266-22210 50.14 Fund 266 - SMD #2 Total: 920.12
Fund: 267 - Vintage Meadows LLMD #3
PACIFIC GAS & ELECTRIC 319395 09/08/2023 VINTAGE MEADOWS IRRIGAT… 267-360-64100.000 9.84 MNS ENGINEERS, INC. 319387 09/08/2023 SPECIAL ASSESSMENT ENGINE…267-360-63600.000 837.43 Fund 267 - Vintage Meadows LLMD #3 Total: 847.27
Fund: 268 - Vintage Meadows SMD #3
MNS ENGINEERS, INC. 319387 09/08/2023 SPECIAL ASSESSMENT ENGINE…268-360-63600.000 587.57 Fund 268 - Vintage Meadows SMD #3 Total: 587.57
Fund: 297 - GREENFIELD SCIENCE WORKSHOP
VERIZON 319411 09/08/2023 JUNE - GPS SERVICES 297-597-64900.000 95.00 PACIFIC GAS & ELECTRIC 319447 09/14/2023 MONTHLY UTILITIES 297-597-64100.000 704.79 PACIFIC GAS & ELECTRIC 319447 09/14/2023 MONTHLY UTILITIES 297-597-64100.000 22.70 PACIFIC GAS & ELECTRIC 319447 09/14/2023 MONTHLY UTILITIES 297-597-64200.000 15.11 SOUTHERN COUNTIES LUBRIC… 319401 09/08/2023 GASOLINE/DIESEL 297-597-66100.000 467.67 CITY OF GREENFIELD 319423 09/14/2023 920 WALNUT AVENUE - SCIEN… 297-597-64300.000 39.76 CITY OF GREENFIELD 319423 09/14/2023 45 EL CAMINO REAL 297-597-64300.000 31.63 CITY OF GREENFIELD 319423 09/14/2023 45 EL CAMINO REAL 297-597-64400.000 119.49 STATE STREET BANK & TRUST … DFT0005636 09/15/2023 Defer Comp-Management 297-22430 693.94 STATE OF CALIFORNIA EDD DFT0005643 09/15/2023 SDI 297-22225 149.93 Internal Revenue Service DFT0005644 09/15/2023 Medicare 297-22215 483.08 Internal Revenue Service DFT0005645 09/15/2023 Social Security 297-22215 2,065.60 STATE OF CALIFORNIA EDD DFT0005646 09/15/2023 State Withholding 297-22220 459.23 10 Expense Approval Report Payment Dates: 9/8/2023 - 9/21/2023 9/22/2023 3:43:16 PM Page 6 of 13
Vendor Name Payment Number Payment Date Description (Item) Account Number Amount Internal Revenue Service DFT0005647 09/15/2023 Federal Tax Withholding 297-22210 1,332.80 Fund 297 - GREENFIELD SCIENCE WORKSHOP Total: 6,680.73
Fund: 375 - RISK MANAGEMENT
ARMANDO MENDOZA 319413 09/08/2023 SETTLEMENT AGREEMENT 375-115-62100.000 115,837.38 Fund 375 - RISK MANAGEMENT Total: 115,837.38
Fund: 385 - INTERNAL SERVICE
VERIZON 319411 09/08/2023 JUNE - GPS SERVICES 385-311-64900.000 19.00 O'REILLY AUTO PARTS 319446 09/14/2023 7918 - SENSOR 385-311-65000.000 59.63 O'REILLY AUTO PARTS 319446 09/14/2023 8401 - LIFT SUPPORT 385-311-65000.000 -26.54 AMERICAN SUPPLY COMPANY 319416 09/14/2023 PAPER TOWEL ROLLS 385-311-65600.000 67.23 AMERICAN SUPPLY COMPANY 319416 09/14/2023 ROL PAPER TOWELS 385-311-65600.000 -67.23 AMERICAN SUPPLY COMPANY 319416 09/14/2023 ROLL PAPER TOWELS 385-311-65600.000 54.77 AT&T 319368 09/08/2023 BACKUP INTERNET SERVICE - … 385-125-61700.000 95.59 ANTHEM - BLUE CROSS DFT0005649 09/15/2023 INSURANCE FY 2023-2024 385-180-52510.000 102,619.05 T-MOBILE 319404 09/08/2023 INTERNET BACKUP SERVICE - C…385-125-61700.000 96.40 AT&T 319368 09/08/2023 INTERNET SERVICE - SCIENCE… 385-125-61700.000 85.60 O'REILLY AUTO PARTS 319446 09/14/2023 7912 - WIPER BLADE 385-311-65000.000 44.65 PACIFIC GAS & ELECTRIC 319447 09/14/2023 MONTHLY UTILITIES 385-311-64200.000 15.11 O'REILLY AUTO PARTS 319394 09/08/2023 COLOR MAXX 385-311-65700.000 27.89 O'REILLY AUTO PARTS 319394 09/08/2023 FLAT DISC 385-311-65700.000 13.13 STAPLES ADVANTAGE 319402 09/08/2023 JANITORIAL SUPPLIES 385-311-65600.000 105.62 GREENFIELD TRUE VALUE 319380 09/08/2023 SCREWS 385-311-65700.000 0.79 DELL MARKETING, L.P. 319374 09/08/2023 IT TOOLS 385-125-65300.000 148.85 GREENFIELD TRUE VALUE 319380 09/08/2023 HARDWARE SUPPLIES 385-311-65700.000 4.14 AT&T 319419 09/14/2023 INTERNET SERVICE - COMMUN…385-125-61700.000 53.50 AT&T 319419 09/14/2023 INTERNET SERVICE - COMMUN…385-125-61700.000 85.60 NAPA AUTO PARTS 319389 09/08/2023 7334 - BRAKE PAD 385-311-65000.000 356.79 AGILE OCCUPATIONAL MEDIC… 319365 09/08/2023 RECRUITMENT PHYSICAL - N. … 385-160-68100.000 75.00 CYPRESS COAST FORD LINCOLN 319373 09/08/2023 7335 - TANK ASY 385-311-65000.000 118.78 O'REILLY AUTO PARTS 319394 09/08/2023 7340 - ANTI FREEZE 385-311-65000.000 50.35 O'REILLY AUTO PARTS 319394 09/08/2023 7334 - MOTOR OI/OIL FILTER 385-311-65000.000 48.95 O'REILLY AUTO PARTS 319394 09/08/2023 7334 - AIR FILTER 385-311-65000.000 13.02 SOUTHERN COUNTIES LUBRIC… 319401 09/08/2023 GASOLINE/DIESEL 385-311-66100.000 233.84 O'REILLY AUTO PARTS 319394 09/08/2023 7335 - AIR FILTER/MOTOR OIL 385-311-65000.000 72.99 O'REILLY AUTO PARTS 319394 09/08/2023 7335 - OIL FILTER 385-311-65000.000 3.85 O'REILLY AUTO PARTS 319394 09/08/2023 7932 - OIL FILTER/MOTOR OIL 385-311-65000.000 37.49 O'REILLY AUTO PARTS 319394 09/08/2023 POLICE UNITS - MOTOR OIL 385-311-65000.000 65.57 NICK'S GARAGE 319391 09/08/2023 7339 - HOUSING 385-311-65000.000 62.40 ESO SOLUTIONS, INC. 319376 09/08/2023 ESO SOFTWARE 385-125-61700.000 495.00 GOLDEN STATE TRUCK & TRAI… 319378 09/08/2023 8411 - INSPECT VEHICLE 385-311-66200.000 490.35 CINTAS CORPORATION #630 319369 09/08/2023 UNIFORMS 385-311-65200.000 23.40 CINTAS CORPORATION #630 319369 09/08/2023 JANITORIAL SUPPLIES 385-311-65600.000 35.13 O'REILLY AUTO PARTS 319446 09/14/2023 7332 - CAPSULE 385-311-65000.000 53.97 O'REILLY AUTO PARTS 319446 09/14/2023 7334 - SPARK PLUG 385-311-65000.000 52.53 VERIZON WIRELESS 319458 09/14/2023 INTERNET SERVICE - FIRE DEPT…385-125-61700.000 200.05 ANTHEM - BLUE CROSS DFT0005649 09/15/2023 INSURANCE FY 2023-2024 385-180-52510.000 104,400.09 TIME WARNER CABLE 319454 09/14/2023 INTERNET SERVICE 385-125-61700.000 264.94 O'REILLY AUTO PARTS 319446 09/14/2023 DRY LUBE 385-311-65700.000 9.84 NAPA AUTO PARTS 319443 09/14/2023 7919 - BATTERY 385-311-65000.000 177.31 SHRED-IT USA 319399 09/08/2023 SHREDDING SERVICES - CITY … 385-160-63900.000 146.05 EAST BAY TIRE CO. 319429 09/14/2023 7334 - FOUR NEW TIRES 385-311-65000.000 810.18 O'REILLY AUTO PARTS 319446 09/14/2023 7918 - P/S FLUID 385-311-65000.000 3.44 O'REILLY AUTO PARTS 319446 09/14/2023 8401 - OIL FILTER/MOTOR OIL 385-311-65000.000 72.40 GEORGE L. MEE MEMORIAL H… 319435 09/14/2023 DRUG SCREENING SERVICES 385-160-63900.000 90.00 CINTAS CORPORATION #630 319422 09/14/2023 UNIFORMS 385-311-65200.000 23.40 CINTAS CORPORATION #630 319422 09/14/2023 JANITORIAL SUPPLIES 385-311-65600.000 35.13 URETSKY SECURITY 319456 09/14/2023 COURT RECORD SEARCH SERV…385-160-68100.000 100.00 URETSKY SECURITY 319456 09/14/2023 COURT RECORD CHECK SERVI… 385-160-68100.000 100.00 JESUS EDUARDO ESPINOSA 319438 09/14/2023 PER-DIEM/MILEAGE - 2023 MI…385-125-67200.000 573.70 O'REILLY AUTO PARTS 319446 09/14/2023 7918 - S FLUID 385-311-65000.000 14.22 11 Expense Approval Report Payment Dates: 9/8/2023 - 9/21/2023 9/22/2023 3:43:16 PM Page 7 of 13
Vendor Name Payment Number Payment Date Description (Item) Account Number Amount SEIU Local 521 319466 09/14/2023 Union Dues 385-22420 30.86 STATE STREET BANK & TRUST … DFT0005636 09/15/2023 Defer Comp-Management 385-22430 150.00 STATE STREET BANK & TRUST … DFT0005637 09/15/2023 Defer Comp-Mid Management 385-22430 80.00 STATE STREET BANK & TRUST … DFT0005638 09/15/2023 Defer Comp-Misc Employees 385-22430 60.00 STATE OF CALIFORNIA EDD DFT0005643 09/15/2023 SDI 385-22225 132.76 Internal Revenue Service DFT0005644 09/15/2023 Medicare 385-22215 427.78 Internal Revenue Service DFT0005645 09/15/2023 Social Security 385-22215 1,829.20 STATE OF CALIFORNIA EDD DFT0005646 09/15/2023 State Withholding 385-22220 603.36 Internal Revenue Service DFT0005647 09/15/2023 Federal Tax Withholding 385-22210 1,594.49 Fund 385 - INTERNAL SERVICE Total: 217,721.39
Fund: 390 - CAPITAL PROJECTS FUND
MNS ENGINEERS, INC. 319387 09/08/2023 2022 PAVEMENT MANAGEM… 390-390-83142.000 9,955.00 MNS ENGINEERS, INC. 319387 09/08/2023 2022 PAVEMENT MANAGEM… 390-390-83142.000 3,120.00 TL ENGINEERING 319403 09/08/2023 ENGINEERING SERVICES FOR … 390-390-83145.000 13,910.00 Fund 390 - CAPITAL PROJECTS FUND Total: 26,985.00
Fund: 503 - SEWER FUND
MNS ENGINEERS, INC. 319409 09/08/2023 WASTEWATER RATE STUDY 503-390-89133.000 800.00 DENISE DUFFY & ASSOCIATES, …319407 09/08/2023 WWTP - CEQA/NEPA REVIEW … 503-390-89132.000 7,189.00 DENISE DUFFY & ASSOCIATES, …319407 09/08/2023 WWTP EFFLUENT DISPOSAL S… 503-390-89131.000 1,539.00 VERIZON 319411 09/08/2023 GPS 503-330-64900.000 -38.00
VERIZON 319411 09/08/2023 JUNE - GPS SERVICES 503-330-64900.000 57.00 O'REILLY AUTO PARTS 319446 09/14/2023 7522 - BEARING SET 503-333-66300.000 78.31 RAIN FOR RENT SALINAS 319448 09/14/2023 TYLER EMERGENCY PUMP RE… 503-333-63800.000 7,285.04 O'REILLY AUTO PARTS 319446 09/14/2023 7720 - SPRAY PAINT 503-335-66300.000 10.94 CITY OF SOLEDAD 319370 09/08/2023 SLUDGE REMOVAL DUMPING …503-335-63800.000 3,297.00 GREEN RUBBER-KENNEDY AG 319379 09/08/2023 7724 - OIL 503-335-65700.000 25.41 GREEN RUBBER-KENNEDY AG 319379 09/08/2023 7724 - OIL 503-335-66300.000 17.63 FLUID RESOURCE MANAGEM… 319433 09/14/2023 WASTEWATER OPERATIONS 503-335-63800.000 15,797.49 PACIFIC GAS & ELECTRIC 319447 09/14/2023 MONTHLY UTILITIES 503-333-64100.000 1,206.55 PACIFIC GAS & ELECTRIC 319447 09/14/2023 MONTHLY UTILITIES 503-335-64100.000 4,150.42 MONTEREY BAY ANALYTICAL … 319388 09/08/2023 WATER AND WASTEWATER S… 503-335-63800.000 391.38 A&G PUMPING 319363 09/08/2023 HAULED SLUDGE FROM WWT… 503-335-63800.000 10,500.00 STAPLES ADVANTAGE 319402 09/08/2023 JANITORIAL SUPPLIES 503-335-65600.000 67.23 SOUTHERN COUNTIES LUBRIC… 319401 09/08/2023 GASOLINE/DIESEL 503-330-66100.000 938.09 ACE HIGH DESIGNS INC. 319364 09/08/2023 FINANCE DEPT UNIFORM SHI… 503-191-61400.000 190.40 NUTRIEN AG SOLUTIONS, INC 319393 09/08/2023 PEST CONTROL SERVICES 503-335-65900.000 342.67 CITY OF GREENFIELD 319423 09/14/2023 520 TENTH STREET 503-330-64300.000 84.25 CITY OF GREENFIELD 319423 09/14/2023 520 TENTH STREET 503-330-64400.000 45.91 CITY OF GREENFIELD 319423 09/14/2023 520 TENTH STREET 503-330-64400.000 130.57 CINTAS CORPORATION #630 319369 09/08/2023 UNIFORMS 503-333-65200.000 46.72 CITY OF SOLEDAD 319426 09/14/2023 SLUDGE REMOVAL DUMPING …503-335-63800.000 4,396.00 GREENFIELD TRUE VALUE 319437 09/14/2023 SCREW 503-335-65700.000 16.52 CINTAS CORPORATION #630 319422 09/14/2023 UNIFORMS 503-333-65200.000 46.72 AMERICAN FAMILY LIFE DFT0005648 09/15/2023 August 2023 503-22440 20.58 SEIU Local 521 319466 09/14/2023 Union Dues 503-22420 157.56 STATE STREET BANK & TRUST … DFT0005631 09/15/2023 Defer Comp-Misc Employees 503-22430 101.63 STATE STREET BANK & TRUST … DFT0005636 09/15/2023 Defer Comp-Management 503-22430 70.00 STATE STREET BANK & TRUST … DFT0005638 09/15/2023 Defer Comp-Misc Employees 503-22430 37.51 STATE OF CALIFORNIA EDD DFT0005643 09/15/2023 SDI 503-22225 155.26 Internal Revenue Service DFT0005644 09/15/2023 Medicare 503-22215 500.30 Internal Revenue Service DFT0005645 09/15/2023 Social Security 503-22215 2,139.20 STATE OF CALIFORNIA EDD DFT0005646 09/15/2023 State Withholding 503-22220 606.29 Internal Revenue Service DFT0005647 09/15/2023 Federal Tax Withholding 503-22210 1,699.87 Fund 503 - SEWER FUND Total: 64,100.45
Fund: 504 - WATER FUND
XIO, INC. 319412 09/08/2023 SCADA SYSTEM UPGRADE PRO…504-390-85805.000 10,525.72 MNS ENGINEERS, INC. 319409 09/08/2023 WATER RATE STUDY 504-390-86801.000 3,404.55 MNS ENGINEERS, INC. 319409 09/08/2023 SCADA WATER SERVICES 504-345-63800.000 1,356.25 VERIZON 319411 09/08/2023 JUNE - GPS SERVICES 504-340-64900.000 76.00 12 Expense Approval Report Payment Dates: 9/8/2023 - 9/21/2023 9/22/2023 3:43:16 PM Page 8 of 13
Vendor Name Payment Number Payment Date Description (Item) Account Number Amount VERIZON 319411 09/08/2023 GPS 504-340-64900.000 -38.00
Regional Government Services 319396 09/08/2023 REIMBURSABLE EXPENSE 504-345-63700.000 30.00 GREEN RUBBER-KENNEDY AG 319379 09/08/2023 PVC/WATER SUPPLIES 504-345-65700.000 27.39 GREEN RUBBER-KENNEDY AG 319379 09/08/2023 PARTS FOR SHOWER - WELL 6… 504-345-65900.000 242.27 PACIFIC GAS & ELECTRIC 319447 09/14/2023 MONTHLY UTILITIES 504-345-64100.000 11,908.57 FLUID RESOURCE MANAGEM… 319433 09/14/2023 WATER SYSTEM MANAGEME… 504-345-63900.000 10,134.08 MONTEREY BAY ANALYTICAL … 319388 09/08/2023 WATER AND WASTEWATER S… 504-345-63800.000 2,739.62 SOUTHERN COUNTIES LUBRIC… 319401 09/08/2023 GASOLINE/DIESEL 504-340-66100.000 938.09 UNIVAR SOLUTIONS USA, INC. 319406 09/08/2023 SODIUM HYPOCHLORITE 504-345-65700.000 6,374.74 ACE HIGH DESIGNS INC. 319364 09/08/2023 FINANCE DEPT UNIFORM SHI… 504-191-61400.000 190.40 CITY OF GREENFIELD 319423 09/14/2023 CITY WIDE FIRE HYDRANT FLU… 504-340-64300.000 66.45 CITY OF GREENFIELD 319423 09/14/2023 520 TENTH STREET 504-340-64400.000 130.57 CINTAS CORPORATION #630 319369 09/08/2023 UNIFORMS 504-345-65200.000 31.15 CINTAS CORPORATION #630 319422 09/14/2023 UNIFORMS 504-345-65200.000 35.31 AMERICAN FAMILY LIFE DFT0005648 09/15/2023 August 2023 504-22440 20.58 SEIU Local 521 319466 09/14/2023 COPE - Union Dues 504-22420 9.77 SEIU Local 521 319466 09/14/2023 Union Dues 504-22420 184.74 STATE STREET BANK & TRUST … DFT0005631 09/15/2023 Defer Comp-Misc Employees 504-22430 101.63 STATE STREET BANK & TRUST … DFT0005636 09/15/2023 Defer Comp-Management 504-22430 70.00 STATE STREET BANK & TRUST … DFT0005638 09/15/2023 Defer Comp-Misc Employees 504-22430 37.49 STATE OF CALIFORNIA EDD DFT0005643 09/15/2023 SDI 504-22225 153.65 Internal Revenue Service DFT0005644 09/15/2023 Medicare 504-22215 495.22 Internal Revenue Service DFT0005645 09/15/2023 Social Security 504-22215 2,117.96 STATE OF CALIFORNIA EDD DFT0005646 09/15/2023 State Withholding 504-22220 527.89 Internal Revenue Service DFT0005647 09/15/2023 Federal Tax Withholding 504-22210 1,367.21 Fund 504 - WATER FUND Total: 53,259.30
Grand Total: 1,038,519.47
13 Expense Approval Report Payment Dates: 9/8/2023 - 9/21/2023 9/22/2023 3:43:16 PM Page 9 of 13
Report Summary
Fund Summary
Fund Payment Amount
100 - GENERAL FUND 371,802.48
102 - Fire General 94,717.17
105 - Community Outreach 10,745.73
200 - SUPPLEMENTAL LAW ENFORCEMENT 345.00
220 - Supplemental Transactions & Use Tax Fund (V & W) 44,219.49 230 - GAS TAX FUND 6,403.35
263 - LLM #1 - LEXINGTON 3,983.42
264 - LLM #2 - TERRA VERDE, ETC 18,442.60
265 - SMD #1 921.02
266 - SMD #2 920.12
267 - Vintage Meadows LLMD #3 847.27
268 - Vintage Meadows SMD #3 587.57
297 - GREENFIELD SCIENCE WORKSHOP 6,680.73
375 - RISK MANAGEMENT 115,837.38
385 - INTERNAL SERVICE 217,721.39
390 - CAPITAL PROJECTS FUND 26,985.00
503 - SEWER FUND 64,100.45
504 - WATER FUND 53,259.30
Grand Total: 1,038,519.47
Account Summary
Account Number Account Name Payment Amount
100-101-63100.000 Administration Services 987.50
100-101-65100.000 General Operating Suppl… 62.27
100-110-61400.000 Office Supplies 68.78
100-110-64900.000 Other Utilities 19.00
100-111-61200.000 Printing and Copying 194.93
100-111-64300.000 Water Utility 484.32
100-111-64400.000 Waste Disposal 37.16
100-111-65200.000 Uniforms / Personnel Eq… 130.39
100-111-65600.000 Janitorial Supplies 167.72
100-111-65900.000 Building Maintenance S… 227.30
100-111-66100.000 Gasoline & Oil 155.89
100-111-71200.000 Facilities Equipment 368.41
100-190-61400.000 Office Supplies 354.39
100-190-63300.000 Financial Services 1,449.54
100-191-64400.000 Waste Disposal 198,497.58
100-201-61200.000 Printing and Copying 1,914.55
100-201-68300.000 Memberships 300.00
100-215-63400.000 Police Services 75,735.83
100-215-64900.000 Other Utilities 228.00
100-215-66100.000 Gasoline & Oil 5,456.19
100-215-67200.000 Other Training 3,129.02
100-22210 Federal Withholding Tax… 13,069.53
100-22215 FICA Payable 18,221.49
100-22220 State Withholding Tax P… 4,791.03
100-22225 S.D.I. Payable 1,039.34
100-22410 G.P.O.A. Union Dues Pay… 320.00
100-22415 G.P.S.A. Union Dues Pay… 151.44
100-22420 S.E.I.U. Union Dues Paya… 337.78
100-22430 Deferred Comp Payable 3,851.54
100-22431 Roth 1,717.50
100-22435 PERS Loan Payable 223.60
100-22440 AFLAC Insurance Payable 1,480.96
100-22481 POLICE AMMUNITION 32.51
100-230-67200.000 Other Training 176.44
100-24718 Civil Review Deposit - Wa… 420.00
14 Expense Approval Report Payment Dates: 9/8/2023 - 9/21/2023 9/22/2023 3:43:16 PM Page 10 of 13
Account Summary
Account Number Account Name Payment Amount
100-310-61400.000 Office Supplies 28.37
100-310-64900.000 Other Utilities 19.00
100-320-64300.000 Water Utility 395.46
100-320-64400.000 Waste Disposal 2,080.55
100-320-64900.000 Other Utilities 76.00
100-320-65200.000 Uniforms / Personnel Eq… 93.06
100-320-65700.000 Public Works Supplies 5,048.35
100-320-66100.000 Gasoline & Oil 512.32
100-320-66300.000 General Operations Equi… 593.71
100-550-64100.000 Electricity 154.43
100-550-64300.000 Water Utility 22,051.84
100-550-64400.000 Waste Disposal 176.49
100-550-64900.000 Other Utilities 38.00
100-550-65200.000 Uniforms/Personnel Equ… 93.06
100-550-65700.000 Public Works Supplies 1,016.33
100-550-66100.000 Gasoline & Oil 621.99
100-550-66300.000 General Operations Equi… 286.80
100-551-63500.000 Recreation Services 100.00
100-551-64100.000 Electricity 379.39
100-551-64200.000 Gas Utility 22.96
100-551-64300.000 Water Utility 227.94
100-551-64400.000 Waste Disposal 301.69
100-551-64900.000 Other Utilities 19.00
100-551-66100.221 Gasoline & Oil 155.89
100-590-64100.000 Electricity 363.92
100-590-64300.000 Water Utility 52.11
100-601-63100.000 Adminstration Servicess 31.14
100-601-64900.000 Ohter Utilitiies 19.00
100-601-66100.000 Gasoline & Oil 77.95
100-601-67100.000 Meetings & Conferences 250.00
100-601-67600.000 Publications 713.80
102-22210 Federal Withholding Tax… 6,033.39
102-22215 FICA Payable 7,433.04
102-22220 State Withholding Tax P… 2,590.03
102-22225 S,D.I Payable 437.25
102-22410 Union Dues Payable 210.00
102-22430 Deferred Comp Payable 455.93
102-22450 Wage Garnishments Pay… 471.68
102-250-63200.000 Technology Services 1,132.69
102-250-64300.000 Water Utility 227.54
102-250-64400.000 Waste Disposal 289.72
102-250-64900.000 Other Utilities 10,606.44
102-250-65400.000 Firefighter Supplies/Prev… 321.45
102-250-65600.000 Jantorial Supplies 47.91
102-250-66100.000 Gasoline & Oil 978.42
102-250-67400.000 Certifications 33.00
102-250-95690.000 Vehicle Replacement All… 63,448.68
105-105-68200.000 Community Outreach 540.00
105-105-78100.000 Community Events 475.75
105-105-78140.000 Homeless Assistance Pro… 7,391.56
105-105-78150.000 Youth Program 1,116.00
105-22210 Federal Withholding Tax… 242.23
105-22215 FICA Payable 809.18
105-22220 State Withholding Tax P… 123.42
105-22225 S.D.I. Payable 47.59
200-205-67200.000 Other Training 345.00
220-22210 Federal Withholding Tax… 14,301.12
220-22215 FICA Payable 18,449.14
15 Expense Approval Report Payment Dates: 9/8/2023 - 9/21/2023 9/22/2023 3:43:16 PM Page 11 of 13
Account Summary
Account Number Account Name Payment Amount
220-22220 State Withholding Tax P… 6,239.52
220-22225 S.D.I. Payable 1,042.80
220-22410 G.P.O.A. Union Dues Pay… 905.00
220-22415 G.P.S.A. Union Dues Pay… 148.56
220-22420 S.E.I.U. Union Dues Paya… 125.52
220-22430 Deferred Comp Payable 2,982.83
220-605-67200.000 Other Training 25.00
230-320-64100.000 Electricity 5,383.37
230-320-64300.000 Water Utility 150.77
230-320-65700.000 Public Works Supplies 869.21
263-22210 Federal Withholding Tax… 50.29
263-22215 FICA Payable 131.48
263-22220 State Withholding Tax P… 14.57
263-22225 S.D.I. Payable 7.77
263-22420 S.E.I.U. Union Dues Paya… 4.41
263-360-63600.000 Assessment District Con… 712.50
263-360-63700.000 Public Works Services 2,410.00
263-360-64300.000 Water Utility 528.01
263-360-65700.000 Public Works Supplies 124.39
264-22210 Federal Withholding Tax… 50.40
264-22215 FICA Payable 131.92
264-22220 State Withholding Tax P… 14.59
264-22225 S.D.I. Payable 7.80
264-22420 S.E.I.U. Union Dues Paya… 4.41
264-360-63600.000 Assessment District Con… 712.50
264-360-63700.000 Public Works Services 13,515.00
264-360-64100.000 Electricity 812.92
264-360-64300.000 Water Utility 3,193.06
265-22210 Federal Withholding Tax… 50.29
265-22215 FICA Payable 131.48
265-22220 State Withholding Tax P… 14.57
265-22225 S.D.I. Payable 7.77
265-22420 S.E.I.U. Union Dues Paya… 4.41
265-360-63600.000 Assessment District Con… 712.50
266-22210 Federal Withholding Tax… 50.14
266-22215 FICA Payable 130.90
266-22220 State Withholding Tax P… 14.55
266-22225 S.D.I. Payable 7.64
266-22420 S.E.I.U. Union Dues Paya… 4.39
266-360-63600.000 Assessment District Con… 712.50
267-360-63600.000 Community Developmen… 837.43
267-360-64100.000 Electricity 9.84
268-360-63600.000 Community Developmen… 587.57
297-22210 Federal Withholding Tax… 1,332.80
297-22215 FICA Payable 2,548.68
297-22220 State Withholding Tax P… 459.23
297-22225 S.D.I. Payable 149.93
297-22430 Deferred Comp Payable 693.94
297-597-64100.000 Electricity 727.49
297-597-64200.000 Gas Utility 15.11
297-597-64300.000 Water Utility 71.39
297-597-64400.000 Waste Disposal 119.49
297-597-64900.000 Other Utilities 95.00
297-597-66100.000 Gasoline & Oil 467.67
375-115-62100.000 Insurance 115,837.38
385-125-61700.000 Software Maintenance C… 1,376.68
385-125-65300.000 Technology Supplies 148.85
385-125-67200.000 Other Training 573.70
16 Expense Approval Report Payment Dates: 9/8/2023 - 9/21/2023 9/22/2023 3:43:16 PM Page 12 of 13
Account Summary
Account Number Account Name Payment Amount
385-160-63900.000 General Services 236.05
385-160-68100.000 Recruitment 275.00
385-180-52510.000 Health Insurance 207,019.14
385-22210 Federal Withholding Tax… 1,594.49
385-22215 FICA Payable 2,256.98
385-22220 State Withholding Tax P… 603.36
385-22225 S.D.I. Payable 132.76
385-22420 S.E.I.U. Union Dues Paya… 30.86
385-22430 Deferred Comp Payable 290.00
385-311-64200.000 Gas Utility 15.11
385-311-64900.000 Other Utilities 19.00
385-311-65000.000 Vehicle & Equip. Parts & … 2,091.98
385-311-65200.000 Uniforms / Personnel Eq… 46.80
385-311-65600.000 Janitorial Supplies 230.65
385-311-65700.000 Public Works Supplies 55.79
385-311-66100.000 Gasoline & Oil 233.84
385-311-66200.000 Vehicle and Equipment … 490.35
390-390-83142.000 3-Year Street Rehabilitat… 13,075.00
390-390-83145.000 Traffic Master Plan 13,910.00
503-191-61400.000 Office Supplies 190.40
503-22210 Federal Withholding Tax… 1,699.87
503-22215 FICA Payable 2,639.50
503-22220 State Withholding Tax P… 606.29
503-22225 S.D.I. Payable 155.26
503-22420 S.E.I.U. Union Dues Paya… 157.56
503-22430 Deferred Comp Payable 209.14
503-22440 AFLAC Insurance Payable 20.58
503-330-64300.000 Water Utility 84.25
503-330-64400.000 Waste Disposal 176.48
503-330-64900.000 Other Utilities 19.00
503-330-66100.000 Gasoline & Oil 938.09
503-333-63800.000 Sewer & Water Services 7,285.04
503-333-64100.000 Electricity 1,206.55
503-333-65200.000 Uniforms/Personnel Equ… 93.44
503-333-66300.000 General Equipment Ope… 78.31
503-335-63800.000 Sewer & Water Services 34,381.87
503-335-64100.000 Electricity 4,150.42
503-335-65600.000 Janitorial Supplies 67.23
503-335-65700.000 Public Works Supplies 41.93
503-335-65900.000 Building Maintenance S… 342.67
503-335-66300.000 General Equipment Ope… 28.57
503-390-89131.000 WWTP Spray Fields Envi… 1,539.00
503-390-89132.000 New WWTP Environmen… 7,189.00
503-390-89133.000 New WWTP Design 2022 800.00
504-191-61400.000 Office Supplies 190.40
504-22210 Federal Withholding Tax… 1,367.21
504-22215 FICA Payable 2,613.18
504-22220 State Withholding Tax P… 527.89
504-22225 S.D.I. Payable 153.65
504-22420 S.E.I.U. Union Dues Paya… 194.51
504-22430 Deferred Comp Payable 209.12
504-22440 AFLAC Insurance Payable 20.58
504-340-64300.000 Water Utility 66.45
504-340-64400.000 Waste Disposal 130.57
504-340-64900.000 Other Utilities 38.00
504-340-66100.000 Gasoline & Oil 938.09
504-345-63700.000 Public Works Services 30.00
504-345-63800.000 Water Production Servic… 4,095.87
17 Expense Approval Report Payment Dates: 9/8/2023 - 9/21/2023 9/22/2023 3:43:16 PM Page 13 of 13
Account Summary
Account Number Account Name Payment Amount
504-345-63900.000 General Services 10,134.08
504-345-64100.000 Electricity 11,908.57
504-345-65200.000 Uniforms / Personnel Eq… 66.46
504-345-65700.000 Public Works Supplies 6,402.13
504-345-65900.000 Building Maintenance S… 242.27
504-390-85805.000 Scada System 10,525.72
504-390-86801.000 Well Projects 3,404.55
Grand Total: 1,038,519.47
Project Account Summary
Project Account Key Payment Amount
**None** 1,038,519.47
Grand Total: 1,038,519.47
18 City Council Minutes
September 12, 2023
Page | 1
CITY COUNCIL MINUTES
REGULAR MEETING OF SEPTEMBER 12, 2023
CITY COUNCIL BUSINESS
CONSIDER AND TAKE ACTION ON EMERGENCY CIRCUMSTANCE REMOTE ATTENDANCE REQUEST PURSUANT TO AB 2449, A CITY COUNCILMEMBER MAY BE ELIGIBLE TO ATTEND A CITY COUNCIL MEETING REMOTELY WITH “JUST CAUSE” OR WITH A QUALIFYING “EMERGENCY CIRCUMSTANCE.” COUNCILMEMBER MARTINEZ HAS REQUESTED PERMISSION TO ATTEND THE SEPTEMBER 12, 2023 CITY COUNCIL MEETING REMOTELY
DUE TO THE HOSPITALIZATION OF A FAMILY MEMBER
Staff report was given by City Attorney Thompson.
A MOTION by Mayor Pro-tem Rodriguez, seconded by Councilmember Ortiz to approve the emergency circumstance remote attendance request pursuant to AB 2449, a City Councilmember may be eligible to attend a City Council meeting remotely with “just cause” or with a qualifying “emergency circumstances” which Councilmember Martinez has requested permission to attend the September 12, 2023 City Council meeting remotely due to the hospitalization of a family member. ROLL CALL VOTE:
Councilmember Ortiz – Yes; Mayor Pro-tem Rodriguez – Yes; and Mayor White – Yes. Motion carried.
CALL TO ORDER
Mayor White called the meeting to order at 6:01 p.m.
ROLL CALL
PRESENT: Mayor White, Mayor Pro-tem Rodriguez and Councilmember Ortiz ABSENT: Councilmember Martinez
STAFF: City Manager Wood, Chief Langborg, Public Works Director Tugel, Community Development Director Mugan, Chief Mixer, IT Director Espinosa, City Attorney Thompson, City Clerk Rathbun
GUESTS: Avelina Torres, Ernest Gallardo, John Huerta, Jr., Beatriz Diaz, Stephanie Garcia, Diana Salinas, Monica Aguirre, Raul Tapia, Gabby Mireles, Laura Mireles, Gabby Serrato Lone
Councilmember Martinez joined the meeting; however, due to technical difficulties, was unable to connect with audio services.
A MOTION by Mayor Pro-tem Rodriguez, seconded by Councilmember Ortiz to excuse Councilmember Martinez. All in favor. Motion carried.
INVOCATION BY PASTOR DIANA SALINAS
Invocation was given by Pastor Salinas.
.PLEDGE OF ALLEGIANCE
All recited the Pledge of Allegiance.
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September 12, 2023
Page | 2
AGENDA REVIEW
None.
PUBLIC COMMENTS FROM THE AUDIENCE REGARDING ITEMS NOT ON THE AGENDA Ernest Gallardo stated that he was on the Bicycle & Pedestrian Committee, TAMC, and announced that MST would be adding more bus routes for Route 23. He also asked why there was no flag at Patriot Park and stated that it bothered him that there was no flag. He stated that the flag signified something to him and the flag should bring people together.
Avelina Torres asked about the flags on El Camino Real and asked why there was only one Veteran flag up. Mayor White stated that staff was still working on the flag program and that the flag that was up was just a sample of what kind of flags the City would be approving.
John Huerta, Jr. stated that he was going to talk about Measure C. He handed out some information regarding it. He stated that he understood that Measure C was passed in 2016 solely for the purpose of fire suppression and the re-organization of the Greenfield Fire District. He stated that he was on the Council during this time and was aware that there had been 6 to 7 years that the Fire District did not have enough revenues to match its expenses. He stated that the voters passed Measure C along with Measure V, W and now T which were identified for police, recreation and code enforcement. He stated that with the increase of administration costs and services for our community that there was nothing to fill that revenue gap and worried that the City was not meeting or would not meet in the future those expenditures. He stated that the community group was not coming to the Council demanding of them, but they wanted to use their experience to develop those revenues.
Monica Aguirre, Soledad resident, stated that she was concerned about the conduct of Councilmember Ortiz at the recent Soledad City Council meeting and stated that she was disrespectful and inappropriate and that she believed that this warranted a censure for Councilmember Ortiz.
Gabby Mireles asked if the City could let her and the public know the status of the grant for the recreation center.
Laura Mireles asked what the status of 12th Street was and when was the street going to be repaired; what was the status of the grant; what was the status of the Welcome to Greenfield Signs and stated that the City was lacking a lot of things.
Beatriz Diaz asked that the Council excuse Councilmember Martinez from the meeting. She also stated that Councilmember Ortiz’s conduct at the Soledad City Council meeting raised concerns.
Gabby Serrato Lone stated that Councilmember Martinez still had not paid her mother any money and the harassment needed to stop. She stated that Councilmember Martinez had yet to apologize to her mother or the community. She asked that the City disclose the cost of the investigation.
Stephanie Garcia stated that everyone had the right to freedom of speech. She stated that Councilmember Ortiz was respectful at the meeting in Soledad and disagreed that she was not respectful.
Raul Tapia stated that more work needed to be done and leave the past behind. She stated that everyone needed to be mindful and remember that there was someone always watching. He asked that everyone keep it professional.
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September 12, 2023
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COMMENTS FROM CITY COUNCIL
Councilmember Ortiz stated that the City needed to have criteria for the banner program and it needed to be advertised; the 1974 King City Track Team was honored for their season and congratulated them; she would like to revisit the rental registration program; gave kudos to staff for taking care of the weed abatement and for cleaning it up. She announced that on October 7th she would be having another District 3 meeting and reported that at the last meeting the Police and Fire Departments were present as well as about 30 residents showed up and there was no negative comments. She stated that a flag must be put up at Patriot Park as soon as possible. She also stated that she had been walking through town in order to get a better look at things.
Mayor Pro-tem Rodriguez asked about the recreation center grant and 12th Street. She asked that the swing and rubber floor at Patriot Park be replaced as well as in the other parks. She expressed concern regarding the Soledad City Council meeting and Councilmember Ortiz because they had just had the training about decorum and conduct of the audience at meetings. She stated that she was disappointed at the actions and that everyone that attended the training knew that everyone should speak from the podium and not from the audience.
Mayor White stated that on September 22nd the City would be having movies in the park, Super Mario movie, the senior social was September 13th, tomorrow. He congratulated Jose Sanchez for all the events that were happening such as kayaking trips, hikes, etc. He stated that he attended the South Monterey County Managers/Mayors meeting on July 27th and the Monterey County Mayors Meeting on September 1st. He also stated that the employees’ appreciation BBQ was a lot of fun. He thanked Chief Langborg and Chief Mixer for the honor to speak at the September 11th event.
CONSENT ITEMS
John Huerta, Jr. stated that the agreement with Victor Garcia was a great thing and staff may want to consider presenting the consultant when approving these types of agreements.
Mayor Pro-tem Rodriguez pointed out a correction to one of the motions in the minutes.
A MOTION by Mayor Pro-tem Rodriguez, seconded by Councilmember Ortiz to approve the consent items, as amended, including Warrants #318906 through #319361 and Bank Drafts #5549 through #5630 in the amount of $3,259,346.69; Minutes of the July 18, 2023 City Council Special Meeting, Minutes of the July 25 2023 City Council Meeting, Minutes of the August 30, 2023 Special City Council Meeting; adopt Resolution #2023-111, “A Resolution of the City Council of the City of Greenfield to Enter Into an Agreement for Consultant Services with Victor Garcia, of a Non-Pro-fit Organization, Alegria Musical Media and Entertainment, to Plan and Coordinate the 2023 Greenfield Harvest Festival for an Amount of $15,000” and adopt Resolution #2023-112, “ A Resolution of the City Council of the City of Greenfield Identifying the Terms and Conditions for Fire Department Response Away from their Official Duty Station and Assigned to an Emergency Incident”. All in favor. Motion carried.
MAYOR’S PRESENTATIONS, PROCLAMATIONS, COMMUNICATIONS, RESOLUTIONS PROCLAMATION – HONORING JACOB’S HEART CHILDREN’S CANCER SUPPORT SERVICES AND DECLARING SEPTEMBER 2023 AS CHILDHOOD CANCER AWARENESS MONTH IN THE
CITY OF GREENFIELD
Mayor White read the proclamation honoring Jacob’s Heart Children’s Cancer Support Services and Declaring September 2023 as Childhood Cancer Awareness Month in the City of Greenfield. 21 City Council Minutes
September 12, 2023
Page | 4
Stephanie Garcia thanked the Council for honoring Jacob’s Heart because they were a vital part of helping a good friend with transporting their child to Stanford for treatment.
Allyssa Gil-Ojeda, representing Jacob’s Heart, thanked the Council for the proclamation.
PROCLAMATION – DECLARING SEPTEMBER 15, 2023 TO OCTOBER 15, 2023 AS HISPANIC
HERITAGE MONTH
Mayor White read the proclamation declaring September 15, 2023 to October 15, 2023 as Hispanic Heritage Month.
PROCLAMATION – PROCLAIMING SEPTEMBER 2023 AS NATIONAL ALCOHOL AND DRUG
ADDICTION RECOVERY MONTH
Mayor White read the proclamation proclaiming September 2023 as National Alcohol and Drug Addiction Recovery Month
Mayor White presented the proclamation to Maria Camacho from Sun Street Centers.
Maria Camacho, Sun Street Centers, thanked the Council for the proclamation.
UPDATE – MEASURE V & W (NOW T) FUND
City Manager Wood gave an update and power point presentation on the Measure T Fund.
Mayor White stated that the 1.2 million dollar buffer was necessary in case something came up such as needing more money for the recreation center. Mayor Pro-tem Rodriguez stated that she would like the budget for recreation to grow in order to get more participation. City Manager Wood stated that the biggest budget was for public safety; however, the recreation budget had been growing. Councilmember Ortiz wanted to know what the deadline was to spend the grant money. City Manager Wood stated that it was 6 years and that staff had been in contact with the State. City Manager Wood stated that the money in these funds could be used for anything because it was all general fund monies.
John Huerta, Jr. stated that he wanted to remind the Council that this was a tax initiative, approved by the Greenfield voters.
UPDATE – WELCOME GREENFIELD SIGNS / TRAFFIC SAFETY COMMITTEE / PUBLIC WORKS
PROJECTS STATUS
Public Works Director Tugel gave a update on the Welcome to Greenfield Signs, the Traffic Safety Committee and other Public Works projects.
PUBLIC HEARINGS
ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD
RESCINDING A CONDITIONAL USE PERMIT FOR COMMERCIAL CANNABIS OPERATIONS AT A
12.9 ACRE SITE LOCATED AT 721 AND 799 EL CAMINO REAL
RESOLUTION #2023-113
INTRODUCTION AND FIRST READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GREENFIELD CANCELLING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
GREENFIELD AND SECOND SUN, LLC THAT ALLOWS COMMERCIAL CANNABIS OPERATION
ON THE PROJECT SITE
Staff report was given by Assistant Planner Meza.
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September 12, 2023
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Mayor White opened the public hearing at 7:43 p.m.
No comments were received.
Mayor White closed the public hearing at 7:44 p.m.
A MOTION by Mayor Pro-tem Rodriguez, seconded by Councilmember Ortiz to adopt Resolution #2023-113, “A Resolution of the City Council of the City of Greenfield Rescinding a Conditional Use Permit for Commercial Cannabis Operations at a 12.9 Acre Site Located at 721 and 799 El Camino Real” and introduce and read by title only, first reading, of an Ordinance of the City Council of the City of Greenfield Cancelling a Development Agreement Between the City of Greenfield and Second Sun, LLC that Allows Commercial Cannabis Operation on the Project Site. All in favor. Motion carried.
ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD
RESCINDING A CONDITIONAL USE PERMIT FOR COMMERCIAL CANNABIS OPERATIONS AT A
1.01 ACRE SITE LOCATED AT 801 EL CAMINO REAL
RESOLUTION #2023-114
INTRODUCTION AND FIRST READING OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GREENFIELD CANCELLING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
GREENFIELD AND EMERALD MISSION THAT ALLOWS COMMERCIAL CANNABIS OPERATION
ON THE PROJECT SITE
Staff report was given by Assistant Planner Meza.
Mayor White opened the public hearing at 7:48 p.m.
John Huerta, Jr. stated that he supported the cannabis industry and it was a good thing that it could be used by another developer. He stated that if Greenfield was more like King City the 1.1 million in revenue would be 2.1 million.
Mayor White closed the public hearing at 7:51 p.m.
A MOTION by Mayor Pro-tem Rodriguez, seconded by Councilmember Ortiz to adopt Resolution #2023-114, “A Resolution of the City Council of the City of Greenfield Rescinding a Conditional Use Permit for Commercial Cannabis Operations at a 1.01 Acre Site Located at 801 El Camino Real” and introduce and read by title only, first reading, of an Ordinance of the City Council of the City of Greenfield Cancelling a Development Agreement Between the City of Greenfield and Emerald Mission that Allows Commercial Cannabis Operation on the Project Site. All in favor. Motion carried.
CITY COUNCIL BUSINESS
ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD SUPPLEMENTALLY APPROPRIATING IN FISCAL YEAR 2023-2024 THE AMOUNT OF $219,937
FROM THE GENERAL FUND TO PAY FOR THE EXPENDITURES ASSOCIATED WITH THE
ESTABLISHMENT OF A TOM ROGERS MUSEUM AND VISITORS CENTER RESOLUTION #2023-115
Staff report was given by Community Development Director Mugan.
Art Salvagno, Chair of the Tom Rogers Museum, thanked the Park & Recreation District for purchasing the building from UC Santa Cruz and thanked the City Council for making this a reality. He stated that they have many items that would be placed in the museum and asked if anyone had something they wanted to donate to please let them know.
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September 12, 2023
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Raul Rodriguez and Clara Valdivia, Greenfield Recreation District, explained how the building was obtained and thanked the Greenfield Recreation District board for approving the purchase.
Irene Garcia, Tom Rogers Museum, stated that it was a pleasure working with the entire museum members and stated that her dream was to have the museum. She thanked the District and the City and looked forward to working with them.
Raul Tapia stated that this was an opportunity where everyone could come together and show the youth of our community the history of Greenfield; the elders and the efforts they have made.
John Huerta, Jr. stated that this was a huge deal for the family. He stated that his Aunt was the granddaughter of Tom Rogers and the family would like to thank everyone for making this happen.
Councilmember Ortiz stated that she was very excited about the building and what this could bring to our City. She stated that it was going to be great and commended everyone for their efforts.
Mayor Pro-tem Rodriguez stated that she did not know how long this had been in the works and was excited to see it happen.
Mayor White thanked Raul Rodriguez for bringing this forward.
A MOTION by Mayor Pro-tem Rodriguez, seconded by Councilmember Ortiz to adopt Resolution #2023-115, “A Resolution of the City Council of the City of Greenfield Supplementally Appropriating in Fiscal Year 2023-2024 the Amount of $219,937 from the General Fund to Pay for the Expenditures Associated with the Establishment of a Tom Rogers Museum and Visitors Center”. All in favor. Motion carried.
ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD APPROVING A SUPPLEMENTAL APPROPRIATION OF $194,000 FOR FISCAL YEAR 2023-2024 TO CONDUCT CIRCUIT TELEVISION (CCTV) INSPECTION, YEAR 2 OF THE SEWER COLLECTION SYSTEM RESOLUTION #2023-116
Staff report was given by Public Works Director Tugel.
A MOTION by Councilmember Ortiz, seconded by Mayor Pro-tem Rodriguez to adopt Resolution #2023-116, “A Resolution of the City Council of the City of Greenfield Approving a Supplemental Appropriation of $194,000 for Fiscal Year 2023-2024 to Conduct Circuit Television (CCTV) Inspection, Year 2, of the Sewer Collection System”. All in favor. Motion carried.
ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD TO
SUPPLEMENTALLY APPROPRIATE PUBLIC WORKS CAPITAL IMPROVEMENT PROJECT (CIP) BUDGET FOR THE 3-YEAR STREET REHABILITATION (YEAR 1 & YEAR 2) FROM FISCAL YEAR 2022-2023 TO FISCAL YEAR 2023-2024, FOR A TOTAL OF $1,949,375.50 RESOLUTION #2023-117
Staff report was given by Public Works Director Tugel.
Beatriz Diaz stated that there were several areas that needed to be re-done.
Public Works Director Tugel stated that there were some areas that needed to be re-done and she said that they have created a punch list for the contractor to correct.
Mayor Pro-tem Rodriguez stated that she would like a list of the approved streets and what streets still needed work.
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September 12, 2023
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A MOTION by Mayor Pro-tem Rodriguez, seconded by Councilmember Ortiz to adopt Resolution #2023-117, “A Resolution of the City Council of the City of Greenfield to Supplementally Appropriate Public Works Capital Improvement Project (CIP) Budget for the 3-Year Street Rehabilitation (Year 1 & Year 2) from Fiscal Year 2022-2023 to Fiscal Year 2023-2024, for a Total of $1,949,375.50”. All in favor. Motion carried.
ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD AMENDING THE SALARY SCHEDULE AND APPROVING A 4% COST-OF-LIVING ADJUSTMENT FOR THE NONREPRESENTED EMPLOYEES FOR FISCAL YEAR 2023-2024 RESOLUTION #2023-118
Staff report was given by City Manager Wood.
A MOTION by Mayor Pro-tem Rodriguez, seconded by Councilmember Ortiz to adopt Resolution #2023-118, “A Resolution of the City Council of the City of Greenfield Amending the Salary Schedule and Approving a 4% Cost-of-Living Adjustment for the Non-Represented Employees for Fiscal Year 2023-2024”. All in favor. Motion carried.
CONSIDERATION OF FILLING VACANT CITY COUNCIL DISTRICT #1 SEAT Staff report was given by City Attorney Thompson.
Stephanie Garica stated that District #1 had been in limbo for several months and would like to have representation, She asked that Drew Tipton be appointed. She stated that he was an experienced Councilmember and was not in having a special election in March.
Gabby Serrato stated that District #1 had no representation and asked that Drew Tipton be appointed.
Beatriz Diaz stated that she recommended that no appointment be made and that the best thing for everyone was to have an election.
Robert Urquides, resident of District #1, asked that Drew Tipton be appointed to the District #1 seat and stated that he was a good fit until the next election.
Cythina Zavala stated that she did not have a personal agenda and would like Andrew Tipton to be appointed. She stated that he had done the work and it would be fair to give it to him.
John Huerta, Jr. stated that there was one thing he knew for sure and that selection of a Councilmember should not be made by only 3 members of the Council. He stated that a special election would be best.
Raul Tapia stated that he also had shown interest in the position twice and he was hopeful that this would go to a special election. He stated that the Council should do what was best for the entire community.
Councilmember Ortiz stated that she did some canvassing of residents in District #1 and most had concerns that they did not have representation and would like an appointment to be made. She stated that the residents expressed that they wanted more engagement with their representative.
A MOTION by Councilmember Ortiz to appoint Andrew Tipton to fill the vacancy of the City Council District #1 seat.
Mayor Pro-tem Rodriguez stated that Councilmember Ortiz had made it very clear that if this happened again that it should go to election and asked why she had changed her mind. Councilmember Ortiz stated that the people have asked for representation so she was listening to the people. Mayor Pro-tem 25 City Council Minutes
September 12, 2023
Page | 8
Rodriguez stated that all the voters had the opportunity to vote in the last election and the majority of them stated that they did not want Mr. Tipton.
Mayor White asked if the vote to fill the vacancy required a majority of the Council or simply a majority of the members present. City Attorney Thompson stated a simple majority of the members that were present.
Mayor Pro-tem Rodriguez stated that she wanted to make it clear that all the members of the City Council were here for everyone in the City and that they were representatives of the entire City.
Bob Urquides stated that all residents in District #1 should be notified that there was a vacancy in their District.
Stephanie Garcia stated that the majority of the registered voters in District #1 did not care to vote so Council could not use that the majority of the people did not want Drew Tipton.
Gabby Serrato stated that it would be unethical to allow Councilmember Martinez to vote because everyone knew how she would vote.
Raul Tapia stated that this should not be personal and the Council needed to do what was best for the community. He stated that he thought a special election would be the best way to fill the vacancy.
Beatriz Diaz stated that she agreed with Mayor Pro-tem Rodriguez and there should not be a vote of the Council and a special election would be best. She stated that she also had spoken to people in District #1 and they do not want Mr. Tipton, they wanted someone new.
John Huerta, Jr. stated that the personal attacks needed to stop. He stated that the Council had to have a process and did not think a vote should be taken at this time, He suggested that if an appointment was going to be made, that the appointment should be by 4 Councilmembers or it should go to election.
Juergen Smith stated that he would like to have representation in his district. He stated that Drew Tipton was #2 for the results of the last election and that he was experienced. He stated that an appointment needed to be made so that the position was filled so the City could move forward.
Mayor White stated that the Council needed to move forward and District #1 needed representation so he would like to appointment Mr. Tipton
Mayor White seconded the motion to appoint Andrew Tipton. ROLL CALL VOTE: Councilmember Ortiz – Yes; Mayor Pro-tem Rodriguez – No; and Mayor White – Yes. Motion carried.
CONSIDERATION OF WATER RATE INCREASE AND WATER RATE IMPLEMENTATION Staff report was given by City Attorney Thompson and City Manager Wood.
There was discussion among the City Council regarding the different options available for implementation of the water rate increase.
Beatriz Diaz stated that she was aware that something needed to be done; however, some people could not afford the increase.
Juergen Smith stated that water was life and that the City needed to replace the pipes that were very old.
26 City Council Minutes
September 12, 2023
Page | 9
Mayor Pro-tem Rodriguez asked if the City phased out the increase; where else could the money come from. City Manager Wood stated that the Water Fund could get a loan from a different fund, get a bond issuance or a loan from another source.
Mayor White stated that the water pipelines were old and the City needed another well. He stated that the City was using an old system and improvements needed to be made.
Laura Mireles stated there was a lot of overcrowding in homes and that was impacting our water system and now people have to pay higher rates because of it. She asked why the City couldn’t use the cannabis money to fund some projects.
It was the consensus of the City Council to table this item until the next meeting to allow staff to review the different cost options and analyze the essential projects.
A MOTION by Mayor Pro-tem Rodriguez, seconded by Councilmember Ortiz to extend the meeting past 10 p.m. All in favor. Motion carried.
ADJOURN TO CLOSED SESSION
CLOSED SESSION - Government Code Section 54956.9(d)(1)
Conference with Legal Counsel – Existing Litigation
Name of Case: Jose Martinez Guzman v. City of Greenfield CLOSED SESSION - Government Code Section 54957
Public Employee Performance Evaluation
City Attorney
Meeting adjourned at 9:48 p.m.
RECONVENE TO OPEN SESSION
Meeting adjourned at 10:44 p.m.
No reportable action was taken.
CITY ATTORNEY REPORT
No report.
CITY MANAGER REPORT
City Manager Wood stated that staff had been working on a lot of items during the August break and some would be coming before the Council in the future.
ADJOURNMENT
Meeting adjourned at 10:45 p.m.
_________________________
Mayor of the City of Greenfield
____________________________
City Clerk of the City of Greenfield
27 City Council Memorandum 599 El Camino Real, Greenfield CA 93927, 831-674-5591 www.ci.greenfield.ca.us
DATE: September 20, 2023
AGENDA DATE: September 26, 2023
TO: City Council Members
PREPARED BY: Evelin Meza, Assistant Planner
TITLE: ADOPTION OF AN ORDINANCE CANCELLING THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
GREENFIELD AND SECOND SUN, LLC., AND GOLDEN
STATE ALTERNATIVE INC. AT 721 AND 799 EL CAMINO
REAL
BACKGROUND
On September 12, 2023, the City Council voted 3-0 to introduce an ordinance cancelling the Development Agreement between the City and Second Sun, LLC., and Golden State Alternative Care Inc. for a commercial cannabis operation at 721 and 799 El Camino Real.
The ordinance is now before the City Council for adoption.
DISCUSSION
The cancellation of a DA is allowed by mutual consent of all parties to the agreement. In this case, a commercial cannabis operator that in 2017, obtained a DA and CUP for commercial cannabis operations on the site never completed the permitting process to establish such operations. Second Sun is no longer interested in commercial cannabis operation on the site and has requested that the City cancel the Development Agreement.
City staff support the requested Development Agreement cancellation.
No revisions to the draft ordinance were directed at the September 12, 2023 City Council meeting, when the Council introduced the ordinance and conducted first reading of the ordinance. Any cancellation of the existing Development Agreement would be effective 30 days after adoption. The draft City Council ordinance is included as Attachment 1, and the letter from Second Sun, LLC., and Golden State Alternative Care Inc. requesting the cancellation is included as Attachment 2.
28 2
CEQA REVIEW
The requested Development Agreement cancellation is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 of the CEQA Guidelines. Section 15061 states that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The Development Agreement cancellation would allow uses and buildings at the project site that are consistent with the site’s Light Industrial Zoning. The DA cancellation would not facilitate substantial additions or changes in use, and instead removes a use that is currently allowed at the site.
RECOMMENDATION
Staff recommends that the City Council conduct second reading of and adopt an ordinance cancelling the Development Agreement between the City of Greenfield and Second Sun, LLC., and Golden State Alternative Care Inc.
PROPOSED MOTION
ADOPT ORDINANCE NO.567 CANCELLING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF GREENFIELD AND SECOND SUN, LLC., AND
GOLDEN STATE ALTERNATIVE CARE INC FOR COMMERCIAL CANNABIS OPERATIONS AT 721 AND 799 EL CAMINO REAL.
ATTACHMENTS
1. Draft City Council Ordinance No. 567
2. Letter from Second Sun, LLC and Golden State Alternative Care, Inc.
Requesting Cancellation of the Existing Development Agreement 29 Attachment 1
1 ORDINANCE NO.567
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GREENFIELD
APPROVING THE CANCELLATION OF THE EXISTING DEVELOPMENT
AGREEMENT FOR CANNABIS CULTIVATION AND DISTRIBUTION FACILITIES FOR SECOND SUN, LLC, AND GOLDEN STATE ALTERNATIVE CARE INC – (DEVELOPER AND LICENSEE) AT 721 AND 799 EL CAMINO REAL
WHEREAS, Section 65865 of the State of California Government Code provides that cities may enter into a development agreement with any person having legal or equitable interest in real property for the development of property; and WHEREAS, Section 65867.5 of the State of California Government Code provides that development agreements shall be approved by ordinance; and WHEREAS, Sections 16.37.010 and 17.16.160 of the City of Greenfield Municipal Code set forth the procedures for approval of development agreements; and WHEREAS, Section 5.28.090 of the City of Greenfield Municipal Code provides that development agreements may be entered into as a condition of issuance by the City of regulatory permit or permits for cultivation, dispensing, and manufacturing facilities for cannabis authorized under Chapter 5.28 of the City of Greenfield Municipal Code; and WHEREAS, a Development Agreement between the City of Greenfield and Second Sun LLC and Golden State Alternative Care, Inc. was adopted by the City Council via Ordinance No. 525 on August 10, 2017, and subsequently fully executed and recorded with the Monterey County Recorder’s Office on December 11, 2017; and WHEREAS, on August 15, 2023, the City received a letter from Second Sun LLC, and Golden State Alternative Care requesting the cancellation of the Development Agreement between the City of Greenfield and Second Sun LLC, and Golden State Alternative Care with such was request followed by the submittal of the requisite Planning Application and supporting materials; and
WHEREAS, a development agreement may be cancelled by mutual consent of the parties to the development agreement pursuant to Section 16.37.110 of the City’s Municipal Code and Section 10.5 of the Development Agreement; and WHEREAS, the City of Greenfield Planning Commission, at a duly noticed public hearing on September 5, 2023, reviewed the requested Development Agreement cancellation and recommend that it be adopted by the City Council; and WHEREAS, first reading of an Ordinance for the Proposed Development Agreement cancellation was conducted by the City of Greenfield City Council at a duly noticed public hearing on September 12, 2023, and second reading of the Ordinance was conducted by the City Council on September 26, 2023;
30 2
NOW, THEREFORE, BE IT HEREBY RESOLVED, that the City Council of the City of Greenfield has considered all written and verbal evidence regarding the proposed cancellation of the Development Agreement between the City of Greenfield and Second Sun LLC and Golden State Alternative Care Inc. and has made the following findings:
1. FINDING: That the proposed cancellation of the Development Agreement is in conformance with Section 16.37.110 of the City’s Municipal Code that sets forth the process for cancelling development agreements.
EVIDENCE:
(a) The cancellation is requested by mutual consent of the parties to the Development Agreement;
(b) Public hearings on the cancellation of the Development Agreement were conducted by the Planning Commission and City Council, with such public hearings noticed in accordance with the requirements of sections 16.37.080 and 16.37.090 of the City’s Municipal Code and pursuant to sections 65090 and 65091 of the California Government Code;
(c) The cancellation of the Development Agreement would allow other noncommercial cannabis uses to be development on the subject parcel, with such development adhering to the requirements and regulations of the property’s Light Industrial zoning and in compliance with the City’s General Plan.
2. FINDING: That the development agreement is exempt from CEQA pursuant to Section 15061(B)(3) of the State Guidelines for the Implementation of the California Environmental Quality Act under the common-sense exemption which states that CEQA applies only to projects that have the potential for causing a significant effect on the environment and that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
EVIDENCE:
(a) The cancellation of the Development Agreement for commercial cannabis uses would not result in any physical changes to the site or result in any environmental impacts. It would instead allow uses and buildings at the project site that are consistent with the site’s Light Industrial Zoning and that would be subject to project-specific environmental review once proposed. As such, there is no possibility that the Development Agreement cancellation would have a significant effect on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GREENFIELD DOES ORDAIN AS FOLLOWS:
31 3
Section 1. Evidence: The City Council has considered all the evidence submitted into the administrative record, which includes, but is not limited to, public comments, both written and oral, received and/or submitted at, or prior to, the City Council’s consideration of this Development Agreement cancellation.
Section 2. Ordinance Adopting the Cancellation of the Development Agreement: The Development Agreement cancellation is approved and adopted.
Section 3. Severability: If any section, subsection, clause, phrase, sentence, or word of this ordinance is for any reason held invalid by a court of competent jurisdiction or by preemptive legislation, such decision or preemptive legislation shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Greenfield declares that it would have passed this ordinance and each section, subsection, clause, phrase, sentence, or word thereof, irrespective of the fact that one or more sections, subsection, clause, phrase, sentence, or word be declared invalid.
Section 4. Execution and Certification: The City Clerk is directed to do all things necessary to cause the execution of this ordinance immediately upon its adoption and shall thereafter certify to the passage of this ordinance and cause the same to be published and posted according to law.
Section 5. Effective Date: Pursuant to California Government Code Section 36937, this ordinance shall take effect thirty (30) days after its passage and adoption by the City Council of the City of Greenfield.
INTRODUCED at a regular meeting of the City Council of the City of Greenfield on the 12th day of September 2023.
PASSED AND ADOPTED by the City Council of the City of Greenfield at a regular meeting of the City Council held on the 26th day of September 2023, by the following vote:
AYES, and all in favor, therefore, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
__________________________________
Robert White, Mayor
Attest:
___________________________________
Ann F. Rathbun, City Clerk
32 RECORDING REQUESTED BY:
CITY OF GREENFIELD
When Recorded Mail To:
City Clerk
City of Greenfield
599 El Camino Real
P.O. Box 127
Greenfield, CA 93927
Space above this line for
Recorder’s use
Fee Waived per Government Code § 27383
CANCELLATION OF THE DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF GREENFIELD
AND
SECOND SUN, LLC (Developer)
AND
GOLDEN STATE ALTERNATIVE CARE, INC. (Licensee)
33 THE DEVELOPMENT AGREEMENT between the City of Greenfield and Second Sun, LLC and Golden State Alternative Care, Inc. (Developer and Licensee) that was recorded in the Monterey Council Recorder’s Office on December 11, 2017, as Document No. 2017068003 is hereby cancelled by mutual agreement of the parties to the Development Agreement, with the following stipulations.
1. All notices required for the cancellation of the Development Agreement shall be in writing. Notices required to be given to the City shall be addressed as follows:
City Manager
City of Greenfield
599 El Camino Real
P.O. Box 127
Greenfield, CA 93927
Notices required to be given to Developer shall be addressed as follows:
Second Sun, LLC
2570 N. First Street, 2nd Floor, #120716
San Jose, CA 95131
Attn.: Mark Putney
Notices required to be given to Licensee shall be addressed as follows:
Golden State Alternative Care, Inc.
11301 W. Olympic Blvd., #542
Los Angeles, CA 90064
Attn.: Mark Putney
2. The following documents are referred to for the cancelled Development Agreement and are attached hereto and incorporated herein as though set forth in full:
Exhibit A Legal Description of Property
Exhibit B Development Agreement, recorded December 11, 2017
3. The cancellation of the Development Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
4. The City shall record a copy of this Agreement within ten (10) days following execution by all Parties.
[Execution Page Follows]
34 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the date and year first above written.
CITY DEVELOPER and LICENSEE
City of Greenfield Second Sun, LLC and Golden State
Alternative Care, Inc.
By: By:
Robert White Mark Putney, CEO
Mayor
Attest:
Ann Rathbun
City Clerk
Approved as to form:
Jennifer Thompson
City Attorney
(NOTARIZATION ATTACHED)
35 Exhibit A
Legal Description of Property
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF
GREENFIELD, COUNTY OF MONTEREY, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
PARCELS 1, 2, 3 AND 4 AS SAID PARCELS ARE SHOWN AND SO
DESIGNATED ON THE PARCEL MAP FILED FOR RECORD, OCTOBER 1, 2008, VOLUME 22, OF PARCEL MAPS, PAGE 97, OFFICIAL RECORDS.
APN: 109-161-015, 109-161-016, 109-161-017, 109-161-018 LOT 297, AS SAID LOT IS SHOWN ON THE MAP ENTITLED, “MAP OF CLARK COLONY”, FILED FOR RECORD JULY 19, 1905, IN THE OFFICE OF THE
COUNTY RECORDER OF THE COUNTY OF MONTEREY, STATE OF
CALIFORNIA, IN VOLUME 1 OF MAPS, CITIES, AND TOWNS, AT PAGE 64.
EXCEPTING THEREFROM THAT PARCEL OF 1 ACRE CONVEYED BY WILLIAM KOESTER, ET UX., TO DENNIS SIGNOROTTI, BY DEED DATED JULY 2, 1940, AND RECORDED SEPTEMBER 18, 1940 IN VOLUME 634, OFFICIAL RECORDS OF MONTEREY COUNTY AT PAGE 302.
ALSO EXCEPTING THAT PORTION CONVEYED BY WILLIAM KOESTER, ET UX., TO STATE OF CALIFORNIA, BY DEED DATED NOVEMBER 3, 1939 AND RECORDED DECEMBER 15, 1939 IN VOLUME 643, OFFICIAL RECORDS OF MONTEREY COUNTY, AT PAGE 312.
APN: 109-161-005
36 Exhibit B
Development Agreement to be Cancelled
Recorded on December 11, 2017
Monterey County Recorder’s Office Document No. 2017068003 37 38
39 40
41 42
43 44
45 46
47 48
49 50
51 52
53 54
55 56
57 58
59 60
61 62
63 64
August 14, 2023
City Manager Paul Wood
City of Greenfield
599 El Camino Real
Greenfield, CA 93927
Good afternoon Mr. Wood and Mr. Mugan,
My name is Mark Putney. Our company Second Sun, Inc./ Second Sun, LLC/ Golden State Alternative Care, Inc. who is the property owner of 721 and 799 El Camino Real in the City of Greenfield, APN numbers 109-161-005, 109-161-015, 109-161-016, 109-161-017, 109-161-018 and the recipient of the attached Development Agreement and is no longer in business, would respectfully request that this Development Agreement be cancelled, and our CUP rescinded immediately as our company will not be moving forward with cannabis operations at this time referenced in the attached.
Please confirm this request and respond favorably of the cancellation in writing. This is important for our further disposition of our assets.
Sincerely,
Mark Putney, Second Sun, Inc./Second Sun, LLC/Golden State Alternative Care, Inc.
65 City Council Memorandum 599 El Camino Real, Greenfield CA 93927, 831-674-5591 www.ci.greenfield.ca.us
DATE: September 20, 2023
AGENDA DATE: September 26, 2023
TO: City Council Members
PREPARED BY: Evelin Meza, Assistant Planner
TITLE: ADOPTION OF AN ORDINANCE CANCELLING THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
GREENFIELD AND DAVE BOS DETAIL, LLC., AND
EMERALD MISSION AT 801 EL CAMINO REAL
BACKGROUND
On September 12, 2023, the City Council voted 3-0 to introduce an ordinance cancelling the Development Agreement between Dave Bos Detail, LLC., and Emerald Mission for a commercial cannabis operation at 801 El Camino Real. The ordinance is now before the City Council for adoption.
DISCUSSION
The cancellation of a DA is allowed by mutual consent of all parties to the agreement. In this case, a commercial cannabis operator that in 2017, obtained a DA and CUP for commercial cannabis operations on the site, never completed the permitting process to establish such operations. Emerald Mission is no longer interested in commercial cannabis operations on the site and has requested that the City cancel the Development Agreement. City staff support the requested Development Agreement cancellation.
No revisions to the draft ordinance were directed at the September 12, 20223 City Council meeting, when the Council introduced the ordinance and conducted first reading of the ordinance. Any cancellation of the existing Development Agreement would be effective 30 days after adoption. The draft City Council ordinance is included as Attachment 1, and the letter from Dave Bos Detail, LLC. and Emerald Mission requesting the cancellation is included as Attachment 2.
66 2
CEQA REVIEW
The requested Development Agreement cancellation is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(B)(3) of the CEQA Guidelines. Section 15061(B)(3) states that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The Development Agreement cancellation would allow uses and buildings at the project site that are consistent with the site’s Light Industrial Zoning. The DA cancellation would not facilitate substantial additions or changes in use, and instead removes a use that is currently allowed at the site.
RECOMMENDATION
Staff recommends that the City Council conduct second reading of and adopt an ordinance cancelling the Development Agreement between the City of Greenfield and Dave Bos Detail, LLC., and Emerald Mission.
PROPOSED MOTION
ADOPT ORDINANCE NO. 568 CANCELLING THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF GREENFIELD AND DAVE BOS
DETAIL, LLC., AND EMERALD MISSION AT 801 EL CAMINO REAL.
ATTACHMENTS
1. Draft City Council Ordinance No.568
2. Letter from Dave Bos Detail, LLC, and Emerald Mission Requesting Cancellation of the Existing Development Agreement
67 Attachment 1
1 ORDINANCE NO. 568
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GREENFIELD
APPROVING THE CANCELLATION OF THE EXISTING DEVELOPMENT
AGREEMENT FOR CANNABIS CULTIVATION AND DISTRIBUTION FACILITIES FOR DAVE BOS DETAIL, LLC, AND EMERALD MISSION – (DEVELOPER AND LICENSEE) AT 801 EL CAMINO REAL
WHEREAS, Section 65865 of the State of California Government Code provides that cities may enter into a development agreement with any person having legal or equitable interest in real property for the development of property; and WHEREAS, Section 65867.5 of the State of California Government Code provides that development agreements shall be approved by ordinance; and WHEREAS, Sections 16.37.010 and 17.16.160 of the City of Greenfield Municipal Code set forth the procedures for approval of development agreements; and WHEREAS, Section 5.28.090 of the City of Greenfield Municipal Code provides that development agreements may be entered into as a condition of issuance by the City of regulatory permit or permits for cultivation, dispensing, and manufacturing facilities for cannabis authorized under Chapter 5.28 of the City of Greenfield Municipal Code; and WHEREAS, a Development Agreement between the City of Greenfield and Dave Bos Detail, LLC and Emerald Mission was adopted by the City Council via Ordinance No. 525 on August 10, 2017, and subsequently fully executed and recorded with the Monterey County Recorder’s Office on December 11, 2017; and
WHEREAS, on August 15, 2023, the City received a letter from Dave Bos Detail, LLC and Emerald Mission requesting the cancellation of the Development Agreement between the City of Greenfield and Dave Bos Detail, LLC, and Emerald Mission with such was request followed by the submittal of the requisite Planning Application and supporting materials; and
WHEREAS, a development agreement may be cancelled by mutual consent of the parties to the development agreement pursuant to Section 16.37.110 of the City’s Municipal Code and Section 10.5 of the Development Agreement; and WHEREAS, the City of Greenfield Planning Commission, at a duly noticed public hearing on September 5, 2023, reviewed the requested Development Agreement cancellation and recommend that it be adopted by the City Council; and WHEREAS, first reading of an Ordinance for the Proposed Development Agreement cancellation was conducted by the City of Greenfield City Council at a duly noticed public hearing on September 12, 2023, and second reading of the Ordinance was conducted by the City Council on September 26, 2023;
68 2
NOW, THEREFORE, BE IT HEREBY RESOLVED, that the City Council of the City of Greenfield has considered all written and verbal evidence regarding the proposed cancellation of the Development Agreement between the City of Greenfield and Dave Bos Detail, LLC and Emerald Mission and has made the following findings:
1. FINDING: That the proposed cancellation of the Development Agreement is in conformance with Section 16.37.110 of the City’s Municipal Code that sets forth the process for cancelling development agreements.
EVIDENCE:
(a) The cancellation is requested by mutual consent of the parties to the Development Agreement;
(b) Public hearings on the cancellation of the Development Agreement were conducted by the Planning Commission and City Council, with such public hearings noticed in accordance with the requirements of sections 16.37.080 and 16.37.090 of the City’s Municipal Code and pursuant to sections 65090 and 65091 of the California Government Code;
(c) The cancellation of the Development Agreement would allow other noncommercial cannabis uses to be development on the subject parcel, with such development adhering to the requirements and regulations of the property’s Light Industrial zoning and in compliance with the City’s General Plan.
2. FINDING: That the development agreement is exempt from CEQA pursuant to Section 15061(B)(3) of the State Guidelines for the Implementation of the California Environmental Quality Act under the common-sense exemption which states that CEQA applies only to projects that have the potential for causing a significant effect on the environment and that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
EVIDENCE:
(a) The cancellation of the Development Agreement for commercial cannabis uses would not result in any physical changes to the site or result in any environmental impacts. It would instead allow uses and buildings at the project site that are consistent with the site’s Light Industrial Zoning and that would be subject to project-specific environmental review once proposed. As such, there is no possibility that the Development Agreement cancellation would have a significant effect on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GREENFIELD DOES ORDAIN AS FOLLOWS:
69 3
Section 1. Evidence: The City Council has considered all the evidence submitted into the administrative record, which includes, but is not limited to, public comments, both written and oral, received and/or submitted at, or prior to, the City Council’s consideration of this Development Agreement cancellation.
Section 2. Ordinance Adopting the Cancellation of the Development Agreement: The Development Agreement cancellation is approved and adopted.
Section 3. Severability: If any section, subsection, clause, phrase, sentence, or word of this ordinance is for any reason held invalid by a court of competent jurisdiction or by preemptive legislation, such decision or preemptive legislation shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Greenfield declares that it would have passed this ordinance and each section, subsection, clause, phrase, sentence, or word thereof, irrespective of the fact that one or more sections, subsection, clause, phrase, sentence, or word be declared invalid.
Section 4. Execution and Certification: The City Clerk is directed to do all things necessary to cause the execution of this ordinance immediately upon its adoption and shall thereafter certify to the passage of this ordinance and cause the same to be published and posted according to law.
Section 5. Effective Date: Pursuant to California Government Code Section 36937, this ordinance shall take effect thirty (30) days after its passage and adoption by the City Council of the City of Greenfield.
INTRODUCED at a regular meeting of the City Council of the City of Greenfield on the 12th day of September 2023.
PASSED AND ADOPTED by the City Council of the City of Greenfield at a regular meeting of the City Council held on the 26th day of September 2023, by the following vote:
AYES, and all in favor, therefore, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
__________________________________
Robert White, Mayor
Attest:
____________________________________
Ann F. Rathbun, City Clerk
70 RECORDING REQUESTED BY:
CITY OF GREENFIELD
When Recorded Mail To:
City Clerk
City of Greenfield
599 El Camino Real
P.O. Box 127
Greenfield, CA 93927
Space above this line for
Recorder’s use
Fee Waived per Government Code § 27383
CANCELLATION OF THE DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF GREENFIELD
AND
DAVE BOS DETAIL, LLC (Developer)
AND
EMERALD MISSION (Licensee)
71 THE DEVELOPMENT AGREEMENT between the City of Greenfield and Dave Bos Detail, LLC, and Emerald Mission (Developer and Licensee) that was recorded in the Monterey Council Recorder’s Office on December 11, 2017, as Document No. 2017068002 is hereby cancelled by mutual agreement of the parties to the Development Agreement, with the following stipulations.
1. All notices required for the cancellation of the Development Agreement shall be in writing. Notices required to be given to the City shall be addressed as follows:
City Manager
City of Greenfield
599 El Camino Real
P.O. Box 127
Greenfield, CA 93927
Notices required to be given to Developer shall be addressed as follows:
Dave Bos Detail, LLC
5938 Jumilla Avenue
Woodland Hills, CA 91367
Attn.: David Bosworth
Notices required to be given to Licensee shall be addressed as follows:
Emerald Mission
c/o L+G Attorneys
318 Cayuga Street
Salinas, CA 93901
Attn.: Nicholas Craft (c/o Trinh Retterer)
2. The following documents are referred to for the cancelled Development Agreement and are attached hereto and incorporated herein as though set forth in full:
Exhibit A Legal Description of Property
Exhibit B Development Agreement, recorded December 11, 2017
3. The cancellation of the Development Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
4. The City shall record a copy of this Agreement within ten (10) days following execution by all Parties.
[Execution Page Follows]
72 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the date and year first above written.
CITY DEVELOPER and LICENSEE
City of Greenfield Dave Bos Detail, LLC, and Emerald
Mission
By: By:
Robert White David Bosworth
Mayor Owner
Attest:
Ann Rathbun
City Clerk
Approved as to form:
Jennifer Thompson
City Attorney
(NOTARIZATION ATTACHED)
73 Exhibit A
Legal Description of Property
REAL PROPERTY IN THE COUNTY OF MONTEREY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
That portion of Lots 321 and 324, as shown on the “Map of Clark Colony”, filed July 19, 1905 in Book 1, Maps of “Cities and Towns”, at Page 64, in the Office of the County Recorder of the County of Monterey, State of California, described as follows:
Beginning at the point of intersection of the westerly line of the former State Highway (now called El Camino Real) and the northerly line of Cypress Avenue, a county road 40 feet wide, which point is marked by a ¾” pipe tagged “RCE 7915”, as said point is shown as being set on that certain Map filed in Volume X3 of Surveys, at Page 79, Official Records of Monterey County, California; also shown as being found on that certain Map filed March 11, 1964 in Volume 7 of Surveys, at Page 14, Official Records of Monterey County, California: and further, in the most recent Survey filed January 31, 1990 in Volume 16 of Surveys, at Page 77, Official Records of Monterey County, California; that point was found and used as the point of beginning of the parcel created in the Lot Line Adjustment LL089-38 approved by the Monterey County Subdivision Committee on November 30, 1989, thence from said point of beginning, (1) On a circular curve to the right with a radius of 2,574 feet through a central angle of 4° 00’ 54”, for a distance of 180.37 feet a ¾” pipe and plastic plug marked “LS 3772”; thence (2) S. 55° 24’ 00” W., 267.97 feet to a ¾” pipe and plastic plug marked “LS 3772”; thence (3) S. 8° 18’ 02” E., 181.32 feet (formerly recorded as S. 8°16’21” E., as the first course in that certain deed recorded April 20, 1989 in Reel 2355, Page 60 of Official Records), to a ¾” pipe tagged “RCE 7915” buried 20” at the northerly line of Cypress Avenue; thence along that northerly line of Cypress Avenue.
(4) N. 55° 24’ 00” E., 270.24 feet to the point of beginning.
APN: 109-151-021
74 Exhibit B
Development Agreement to be Cancelled
Recorded on December 11, 2017
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DEPOSITORY MATURITY DATE INTEREST RATE DOLLAR/PAR AMOUNT MARKET VALUE State of California Local Agency Investment Fund (LAIF) Immediate $ 13,972,710 13,972,710 $ Laif Interest (April-June 2023) 3.15% 98,069 $ 98,069 $ Total State of California $ 14,070,779 14,070,779 $ Wells Fargo Bank Checking Account Pool Cash Immediate 3,399,872 $ 3,399,872 $ Total Wells Fargo Bank $ 3,399,872 3,399,872 $
N/A Petty Cash General Immediate 1,531 $ 1,531 $
N/A Petty Cash Police Immediate 500 $ 500 $
Total Petty Cash $ 2,031 2,031 $ Pro Equities Cash Balance Cash, Money Funds and Bank Deposits $ 1,899 1,899 $ Pro Equities Money Market Dreyfus Govt Cash Mngt Inv Sh 4.95% 132,268 $ 132,268 $ Pro Equities Certificates of Deposit Eagle CMNTY CR UN Foothill Ranch CALIF SH CTF 5.000% 12/26/2023 5.00% $ 248,000 $ 247,710Pro Equities Certificates of Deposit Beal Bk Plano Tex Ctf Dep 0.550% 12/27/2023 0.55% $ 249,000 $ 245,131 Pro Equities Certificates of Deposit First Natl Bk Amer East Lansing Mich Ctf Dep 0.600% 12/29/2023 0.60% $ 249,000 $ 245,116Pro Equities Certificates of Deposit Washington ST Employees CR UN Olympia WASH SH CTF 5.000% 12/29/2023 5.00% $ 248,000 $ 247,700Pro Equities Certificates of Deposit Beal Bk USA Las Vegas NEV Ctf Dep 0.600% 1/3/2024 0.60% $ 249,000 $ 244,941Pro Equities Bond Federal Home Ln Bks Cons Bd 0.370% 3/8/2024 0.37% $ 570,000 $ 555,060 Pro Equities Treasury Notes United Sts Treas NTS 0.250% 6/15/2024 0.25% $ 600,000 $ 576,330Pro Equities Certificates of Deposit California CR UN Glendale CALIF SH CTF 4.850% 12/27/2024 4.85% $ 244,000 $ 241,819Pro Equities Certificates of Deposit First Natl Bk Damriscotta ME Ctf 0.950% 12/30/2024 0.95% $ 249,000 $ 234,311Pro Equities Certificates of Deposit Medallion BK Salt Lake City Utah CTF DEP 4.500% 12/30/2024 4.50% $ 249,000 $ 245,646 Pro Equities Certificates of Deposit Third Fed SVGS & LN ASSN of Cleveland CTF DEP 0.900% 12/30/2024 0.90% $ 248,000 $ 233,341Pro Equities Certificates of Deposit Morgan Stanley Bk NA Salt Lake City Utah Ctf Dep 1.800% 2/13/2025 1.80% $ 247,000 $ 234,215 Pro Equities Certificates of Deposit Morgan Stanley Private Bk Natl Assn PUR NY Ctf Dep 1.800% 2/13/2025 1.80% $ 247,000 $ 234,215Pro Equities Certificates of Deposit Technology CR UN SAN JOSE CALIF SH CTF 5.000% 2/24/2025 5.00% $ 248,000 $ 246,125 Pro Equities Certificates of Deposit Valley Strong CR UN Bakersfield CALIF SH CTF 4.800% 6/23/2025 4.80% $ 249,000 $ 246,029 Pro Equities Certificates of Deposit Gesa CR UN Richland WA SH CTF 5.500% 7/31/2025 5.50% $ 248,000 $ 248,089Pro Equities Certificates of Deposit Chartway Fed CR UN VA Beach VA SH CTF 5.250% 8/11/2025 5.25% $ 248,000 $ 246,963 Pro Equities Certificates of Deposit Townebank Portsmouth VA CTF DEP 5.050% 8/11/2025 5.05% $ 243,000 $ 241,092 Pro Equities Certificates of Deposit Connexus Cr UN Wausau WIS SH Ctf 3.500% 08/26/25 8/26/2025 3.50% $ 249,000 $ 239,770 Pro Equities Certificates of Deposit Community West CR UN Kentwood MICH CTF 4.650% 12/19/2025 4.65% $ 249,000 $ 244,799Pro Equities Certificates of Deposit Security ST BK Warroad MINN CTF DEP 4.250% 12/22/2025 4.25% $ 249,000 $ 242,633Pro Equities Certificates of Deposit Eaglebank Bethesda MD CTF DEP 4.400% 12/23/2025 4.40% $ 249,000 $ 243,437Pro Equities Certificates of Deposit Synchrony Bk Retail Ctf Dep Fidelity Instl Ctf Dep 1.200% 11/30/2026 1.20% $ 248,000 $ 217,994Pro Equities Certificates of Deposit Sallie Mae Bk Salt Lake City UT Ctf Dep 1.350% 12/15/2026 1.35% $ 248,000 $ 218,800Pro Equities Certificates of Deposit Austin Telco Fed CR UN Tex SH CTF 4.590% 12/16/2026 4.95% $ 248,000 $ 245,456Pro Equities Certificates of Deposit All In Fed CR UN Daleville AL SH CTF 4.450% 12/21/2026 4.45% $ 249,000 $ 242,680Pro Equities Certificates of Deposit DORT FINL CR UN Grand Blanc MI SH CTF 4.400% 12/21/2026 4.40% $ 247,000 $ 240,375Pro Equities Certificates of Deposit State Bk India New York NY Ctf Dep 1.400% 12/30/2026 1.40% $ 248,000 $ 218,796 Pro Equities Certificates of Deposit Texas Exchange Bk SSB Crowley Ctf Dep 1.300% 12/30/2026 1.30% $ 249,000 $ 218,749Pro Equities Certificates of Deposit First UTD BK & TR CO DURANT OK CTF DEP 4.000% 2/8/2027 4.00% $ 249,000 $ 239,112 Pro Equities Certificates of Deposit Latino CMNTY CR UN Durham North Carolina SH CTF 4.500% 12/21/2027 4.50% $ 249,000 $ 242,279Pro Equities Certificates of Deposit Ideal CR UN Woodbury MN SH CTF 4.500% 12/29/2027 4.50% $ 249,000 $ 242,227Pro Equities Certificates of Deposit US Alliance FCU RYE New York SH CTF 4.750% 12/30/2027 4.75% $ 248,000 $ 243,648Pro Equities Certificates of Deposit Liberty First CR UN LINCOLN NEB SH CTF 4.350% 2/3/2028 4.35% $ 249,000 $ 240,527Pro Equities Certificates of Deposit Maine SVGS FCU Hampden ME SH CTF 4.800% 7/21/2028 4.80% $ 249,000 $ 244,082 Total Pro Equities $ 9,493,167 $ 9,173,367 TOTAL Cash and Investments $ 26,646,049 26,965,849 $
CITY OF GREENFIELD
Cash & Investment Report
At August 31, 2023
DESCRIPTION OF SECURITY
105
1 DATE: September 21, 2023
AGENDA DATE September 26, 2023
TO: Mayor and Councilmembers
PREPARED BY: Paul Mugan, Community Development Director TITLE: CONSIDERATION OF A RESOLUTION DENYING A DESIGN
REVIEW AND ASSOCIATED DEVELOPMENT AGREEMENT
FOR A NEW THREE-STORY, 36,410-SQ FT BUILDING
CONSISTING OF 24 MULTIFAMILY RESIDENTIAL UNITS, A
2,700-SQ FT COMMUNITY ROOM, AND COMMERCIAL FLOOR
AREA OF 8,850 SQ FT ON AN UNDEVELOPED 1.42-ACRE
PARCEL ON THE EAST SIDE OF 4TH STREET BETWEEN
APPLE AND PALM AVENUES (APN: 024-151-011)
AUTHORITY AND PROCEDURES
The City’s Zoning Code (GMC) requires Design Review for multi-family residential and/or mixed-use developments. The following describes a Design Review (GMC
17.16.070.A):
The purpose of the design review process is to promote the orderly and harmonious growth of the city, to encourage development in keeping with the desired character of the city; to ensure physical, visual, and functional compatibility between uses; and to help prevent the depreciation of land values by ensuring proper attention is given to site and architectural design.
The appropriate decision-making authority is the City Council, because, the applicant has requested a Development Agreement (DA) to allow for the proposed residential density. The combination of 24 multi-family residential units and 8,885 sq ft of unknown commercial uses is inconsistent with the parcel’s Highway Commercial principal zoning and land use designation. The mixed-use overlay on the site would allow for a maximum of just six units at this location, without the DA. The DA would allow the City City Council Memorandum
599 El Camino Real Greenfield CA 93937 831-674-5591
www.ci.greenfield.ca.us
106
2 Council to exceed the density of the zoning without changing the zoning and General Plan land use designation. Only with a DA approved by the City Council may this project as proposed, be authorized for construction.
Section 17.16.070.E of the GMC requires that this Design Review approval or any modification be granted with the consideration of the Planning Commission’s recommendation. The Planning Commission has recommended that the City Council deny the project. Should the City Council decide to approve this Design Review, then the City Council must make each of the below required findings:
1. Any two-story construction requires notification of property owners pursuant to Section 17.14.040, “Public Notices,” of this title;
2. The proposed project is consistent with the objectives of the general plan, complies with applicable zoning regulations, specific plan provisions, planned unit development provisions, applicable city design guidelines, and improvement standards adopted by the City;
3. The proposed architecture, site design, and landscape design are suitable for the purposes of the building and the site and will enhance the character of the neighborhood and the community;
4. The architecture, including the character, scale and quality of the design, relationship with the site and other buildings, building materials, colors, screening of exterior appurtenances, exterior lighting and signing and similar elements establishes a clear design concept and is compatible with the character of buildings on adjoining and nearby properties;
5. The proposed project addresses vehicular, bicycle, and pedestrian transportation modes of circulation; and
6. For specific plans and planned unit development design review application, the proposed project is well integrated with the City’s street network, creates unique neighborhood environments, employs architectural design that fosters sense of community, and contributes to a pedestrian oriented environment.
The City Council must approve, conditionally approve, or deny the proposed Design Review application. As part of Design Review, the City Council may require that “the applicant modify plans in whole or in part and may condition the Design Review approval to ensure inclusion of specific design features, use of specific construction materials, and conformance with all applicable provisions of this title” (Section
17.16.070.F GMC). The City Council’s failure to approve the required Findings for approval would result in denial of the project and denial of the Design Review.
Development Agreement
Pursuant to the Greenfield Municipal Code, the City Council must approve Development Agreement(s) through City ordinance. Enactment of ordinances requires public hearings before both the Planning Commission and City Council; and, requires an introduction and first reading of the ordinance by the City Council followed by second reading and adoption. Chapter 16.37 and Section 17.16.160 of the City of Greenfield Municipal Code 107
3 sets forth the procedures for approval, amendment, and cancellation of development agreements (DAs). In this case, the DA would supplant the zoning on the parcel, by permitting the residential unit density to exceed the six units currently required by the controlling zoning designation (Highway Commercial) and overlay (Mixed Use Overlay).
Before acting on the DA, the City Council must make certain findings as set forth in Section 17.16.160.C. These findings include:
1. The development agreement is consistent with the general plan objectives, policies, land uses, and implementation programs and any other applicable specific plans;
2. The development agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole; and
3. The development agreement will promote the orderly development of property or the preservation of property values.
Staff’s recommendation provides consistency with the Planning Commission’s recommendation to deny the Design Approval. Also, unless the City Council decides differently, staff also agrees that making the three findings above to approve preparation of a DA for this project, remains difficult to make. Should the City Council disagree with staff’s recommendation by directing staff to prepare a Development Agreement for approval of the proposed project, the City Council’s decision must make the above findings. Below is a summary discussion of areas that the City Council would need to consider when making findings for consistency.
The points below also include the concerns expressed by the Planning Commission, as found in the attached minutes of Planning Commission proceedings. (1) The project is inconsistent with both the General Plan and Zoning Code attached to the subject parcel: (i)Highway Commercial and (ii) the Mixed Use Overlay district. The maximum number of residential units on the site cannot exceed six (6) total under current zoning. To accommodate six, the project also would have to have three stories. Here, the apartments consist of 24 units and 8,850 sf of commercial. The only way the project could be approved, is if the City Council approved a Development Agreement. A Development Agreement is a legislative act only the City Council can approve. In effect, the Development Agreement would place existing zoning in abeyance, and supplant the existing zoning with limitations and standards codified in the Development Agreement. As the project stands, it is inconsistent with its General Plan land use designation (Commercial) and also, inconsistent with its zoning; Highway Commercial and Mixed Use Overlay.
108
4 (2) General Welfare/General Convenience – This is a subjective determination the City Council may make, rooted in the question as to whether the project “sits right” in the community, or neighborhood. Here, the broad legal standards of Health Safety and Welfare are implicated. As lead agency under the California Environmental Quality Act, the city prepared an Initial Study for the project. Regarding the traffic/circulation issues, the proposed is an in-leiufee to address potential adverse impacts. This is an appropriate mitigation; however, staff would point out that an in lieu fee does little to mitigate project specific adverse impacts of added circulation, congestion, and demand for on street parking caused by the project. In other words, the analysis on traffic and parking mitigation is dependent merely on paying the city an impact fee, rather than addressing project-specific issues. With 8,850 sf of commercial that has not been identified, the question of parking requirements is not sufficiently addressed because the applicant really does not know their impacts. Second, the 24-unit residential units never were anticipated to abut the single family residential to the east, and south. Regardless of what the parking/circulation plan may be, the intensity of parking and multifamily residential activity never had been previously contemplated in the General Plan or zoning at this site. The project will cause additional traffic and circulation and on street parking. It remains unknown the true impacts on the ground, even with an Initial Study pursuant to the California Environmental Quality Act. The applicant maintains it can be properly managed.
Even the CEQA document fails to mitigate for project specific impacts, most likely, because with 24 units of multifamily residential apartments and 8,850 square feet of commercial the applicant sincerely does not know the answer to basic questions. The mixed use project with a predominant residential component never has been anticipated at this site; quadruple what could be built with the zoning attached to the parcel. To approve the DA for this project, the City Council needs to make the finding that the project conforms to the public convenience and public welfare and is not “… detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city…”. The presumption underlying staff recommendation for denial is that this standard includes on-street parking, circulation, and internal parking on the 1.43 acre site, along with the proximity of this additional activity on abutting residential streets.
(3) Orderly Development/Property Values. Without a zoning code and General Plan amendment, a Development Agreement is the only way this project can be approved. The Development Agreement is a separate legislative action which can permit the development, should the City Council find that the project promotes orderly development and property values. In both project proposals which the Planning Commission considered – and denied -- the multifamily residential component predominated. Table 1 on the following pages notes their particular, but nominal differences. The projects were, and remain, fundamentally multi-family residential. Fundamentally the 109
5 development is a residential development on a commercial parcel. Here, the City Council may decide that this project is acceptable, by making the aforenoted findings, and direct staff to return to Council with the appropriate Development Agreement prepared. During preparation of the city’s previous General Plan and Zoning Code in effect today, this parcel was thought to have particular attributes for commercial development, such as proximity to the 101 interchange, and proximity to low density residential development.
These attributes may support both resident-serving and also, regional commercial uses. The irregular elongated parcel also lends itself to a myriad of possible commercial developments such as high-tech facilities to include recharging stations. As the city continues to grow, commercial parcels will always be limited. At this time, this parcel is designated as a commercial parcel.
BACKGROUND AND PROJECT DESCRIPTION
Project Setting
The project site is a 1.42-acre property on the east side of 4th Street between Palm and Apple Avenues (APN: 024-151-011 (see Figure 1 below)). The project site is undeveloped and is elongated in shape along its 4th Street frontage. Surrounding land Figure 1 –Location Map
Project Site
110
6 uses include residential uses to the east and southeast, commercial uses to the south, 4th Street and Highway 101 to the west, and an undeveloped portion of the Walnut Avenue Specific Plan area to the north. The project site is currently designated and zoned Highway Commercial with a Mixed Use Overlay on the City’s General Plan Land Use Map and Zoning Map, respectively.
Background
Twelve months ago, on September 6, 2022, the applicant requested that the Planning Commission recommend approval of a three-story, 36,410-sq ft mixed use development. That 2022 project proposed 32 residential units and 3,200 sq ft of commercial development. Under the existing zoning, only six residential units would be permitted at the site, at most, pursuant to the overlay district allowance. Because the 2022 project exceeded the allowed density for residential development under current zoning, the applicant also proposed a General Plan and Zoning Code Amendment to rezone the site from Highway Commercial/Mixed Use Overlay to Multi-Family Residential. During this period, the City worked collaboratively with the property owner (see 11MAR22 correspondence) to advance a project, knowing from the outset it required the zoning and General Plan land use designation in order to build.
The Planning Commission expressed numerous concerns with the 2022 proposal and voted 4-0 to recommend denial to the City Council. (See Attachment 2; Minutes). The minutes list the Planning Commission’s concerns. On September 8, 2022, staff memorialized the Planning Commission’s action with a letter noting the Planning Commission’s concerns (see Attachment 3). Between November 2022 and June 2023, the applicant team and City again attempted to produce a project that incorporated the input from the Planning Commission. Throughout a long period of time, the developer/applicant had solid limitations regarding any reduction in the high-unit residential component. During this period, various proposals never deviated materially from a predominantly residential multi-family project with nominal changes to the commercial component. and submitted a revised project for Commission action.
The current proposal adds 5,650-sq ft of commercial development and reduces residential units by eight, from 32 to 24 units. Pursuant to the existing zoning on the site, no more than six units would be permitted. Until now, never has the City contemplated siting 24 residential units on the small commercially zoned parcel. The overlay would permit just six residential units, because its principal zoning is commercial. In short, the property is zoned for commercial uses.
The applicant maintained throughout this period that they were modifying the project to be in accordance with Planning Commission direction. The question is to what degree has the new project adhered to its existing zoning regulations? On a recurring basis, City staff informed the development team that the most serious issue involved the fact that the parcel is zoned Highway Commercial. Even with the mixed-use overlay, only six residential units would be permitted on-site. Despite urgent recommendations by staff, the applicant has stated that they wish to “take their chances” regarding the modified 111
7 project proposal. Table 1 provides a summary of the differences between the 2022 project and the 2023 project currently before the City Council.
Table 1
PROJECT CHANGES PROJECT
ONE
PROJECT
TWO
Building Square Feet 36,410 36,410
Parking Spaces 82 82
Residential Housing Units 32 24
Commercial Floor Area 3,200 8,850 1
1 the 2,700-sq ft community room is a resident-serving use, and not counted as commercial.
Revised 2023 Project
The project consists of a three-story, 36,410-sq ft building with 24 multi-family residential units and approximately 8,885-sq ft of commercial floor area for future, unidentified uses. Eighty-two parking spaces are proposed. The resident-serving community room is 2,700 sq ft in area. To work around the zoning problem, the applicant implicates Section 17.42.030(D) wherein the code states that, “[a]dditional units may be granted in accordance with the state density bonus provision, any density bonus ordinance enacted by the City, or by means of a development agreement adopted pursuant to Section 17.16.160.” Ony with an approved Development Agreement adopted by the City Council may the subject project proposal move forward to obtain Building Permits.
The purpose of the Development Agreement option is to provide one additional tool for decision-makers to make exceptions to the typical zoning code regulations. Staff recognizes the utility of permitting decision-makers the ability to consider particular projects on a case-by-case basis apart from its underlying zoning. This is such a project. For example, if the City’s RHNA production were deficient, then a stronger justification could be advanced to support rezoning the property or utilizing a Development Agreement to permit denser housing development. The present zoning would permit just six residential units. The presumption is that six residential units would be subordinate to more muscular commercial uses on the site. From the outset, the City has viewed development on this parcel as challenged because of the parcel’s shape.
The parcel nearly abuts the Oak Avenue interchange for an ideally situated Highway Commercial development opportunity, which likely explains its Highway Commercial zoning designation.
The proposed residential units include six 1,050-sq ft three-bedroom, two-bath apartments, fourteen 1,100-sq ft two-BR, 1 ½-bath townhomes, and four 1,050-sq ft two-BR, 1 ½-bath accessible apartments. All units have in-unit laundry facilities. The building design, square footage, and footprint appear unchanged from the 2022 proposal. The two- and three-story components reach a maximum height of 38 feet.
The building faces the Fourth Street frontage with a 82-space parking lot situated ar the rear, easterly portion of the parcel. A 25-foot-wide drive aisle traversing the eastern 112
8 boundary of the property between Apple and Palm Avenues provides access. The project includes new sidewalk, curb, gutter, and street landscaping along the Apple Avenue and Fourth Street frontages. The project would construct new driveway access and install utility service laterals for storm, water, sanitary sewer, and gas and electric.
The proposed stormwater control plan directs runoff to bio-retention areas prior to entering the City’s storm drainage system. A new 620-foot long, six-foot high concrete masonry wall is proposed along the project site’s eastern property line. Landscaping includes a grass planter with trees along the project’s 4th Street, Apple and Palm Avenue frontages, and plantings in the parking lot landscape fingers. Grading includes 350 cu yd of cut, 225 cu yd of fill, and 125 cu yd of export. The project architect is David Elliott, AIA. The property owners and applicants are Eduardo and Helia Couttolenc.
PROJECT ANALYSIS
Analysis of the 2022 project centered around General Plan and Zoning Ordinance policies and standards as noted in the September 6, 2022 staff report, presented to the Planning Commission. The subject analysis in this report focuses on the degree to which each of the material Planning Commission comments on the previous project presented to the Planning Commission have been addressed or not addressed in the subject proposal before the City Council.
Design Review Request
Approving Design Review for the project would require the City Council to make the required findings in Section 17.16.070.E of the City’s Zoning Code, discussed supra in the Authority and Procedures section of the report.
Development Agreement Request
The applicant has requested a Development Agreement to allow for additional units beyond what is permitted in the Mixed Use Overlay (one unit per floor per 3,000 sq ft of commercial development). Pursuant to Section 17.42.030.D of the City’s Zoning Code, additional units beyond the one unit per floor per 3,000 sq ft of commercial development ratio may be allowed only with the approval of a Development Agreement. Without the Development Agreement, the multi-family residential development would be limited to a total of six units, and only if all such units were located on the second and third floors.
The granting of a Development Agreement requires that the City Council make four additional findings as set forth in Section 17.16.160.C of the City’s Zoning Code, as discussed supra in the Authority and Procedures section.
Project Revisions in Response of Commission Comments from Sept. 6, 2022 The Planning Commission input in recommending denial of the planning entitlements for the previous project were noted in a September 8, 2022 letter from the City (see Attachment 3), as follows:
1) The loss of Commercial Zoning development opportunities along the Highway 101 Corridor as a result of the proposed redesignation and rezoning of the project site;
113
9 2) The need for clarity on the proposed improvements to the 4th Street Right-of-Way via an exhibit more clearly depicting the existing ROW improvements and the proposed ROW, including all amenities (curb and gutters, planter areas, planter area, travel lanes, on-street parking areas, etc.);
3) The overall proposed density of the project; and the adequacy of the proposed parking;
4) The impact of the project on local roadways and intersections, particularly for the 4th Street/Oak Avenue/Highway 101 intersections area;
5) The number of parking spaces proposed for a development of that scale as well as challenges in managing how parking is controlled with the proposed mix of residential and commercial uses;
6) The 3-BR, 1-BA units having only one bathroom;
7) The lack of in-unit clothes washer and dryer amenities for the proposed dwelling units;
8) The inclusion of the laundromat in the proposed project and the allowance for laundromats as a limited commercial use for the Multifamily Residential Zoning District; and
9) The proposal for alcohol sales from the convenience store.
Each of these issues are analyzed below.
Loss of Commercial Zoning Development Opportunities
This was a key concern for the Planning Commission during the September 6, 2022 hearing. As indicated by Table 1 above, the new project resembles the project previously rejected by the Planning Commission because it remains predominantly a residential multi-family project with nominal commercial.
The 2022 project consisted of 36,410-sq ft of development with 32 multi-family residential units and 3,200 sq ft of commercial floor area. The revised project consists of 24 multi-family residential units and 8,850 sq ft of commercial floor area. The 2,700-sq ft community room supports the residential use. The applicant reduced residential units by eight and increased the commercial floor area by 5,650 sq ft. Given that the current zoning only allows six total residential units, staff’s recommendation for denial reflects the nominal changes to the project.
The site is zoned Highway Commercia. Under General Plan policies, areas assigned for future commercial development are supposed to be protected and reserved for longterm economic interests. The property also has a Mixed Use Overlay; however, under the standard allowance for residential uses in the Mixed Use Overly, the 8,850 sq ft of commercial area would allow a total of six residential units, and these units would have to rely on a three-story building. Instead of the zoning code amendment to address the zoning issue, the applicant has requested a Development Agreement. As discussed supra, this approach should be rejected by the City Council to preserve the finite parcels which lend themselves toward commercial development, especially Highway Commercial zoned parcels. Approximately 60,000 vehicle trips pass by the Oak Avenue interchange daily.
114
10 Approval of the Development Agreement would require the City Council to make four additional findings in addition to the Design Review findings discussed supra. Staff’s recommendation for a denial reflects staff’s assessment that the requisite findings cannot be made for seamless, harmonious, and orderly development of the subject property.
Clarity on Proposed Improvements to the 4th Street Right-of-Way The applicant’s November 29, 2022 letter refers to revisions on Sheets C2.0 and C6.0 for clearer indications of the proposed changes to the 4th Street Right-of-Way. Staff reviewed the subject revisions and maintain that the existing and proposed improvements are not clear. Staff requested a separate exhibit more clearly showing these specific improvements. The applicant team indicated that they would prepare such an exhibit; however, as of the date of this staff report, it has not yet been received.
Proposed Density and Adequacy of Parking
The revised project has not changed the location, size, or height of the proposed building, nor has it increased the number of proposed off-street parking spaces. It remains a 36,410-sq ft, three-story building with 82 off-street parking spaces. The project includes 244 residential units. The parking demand calculation included in the revised plan set on Sheet A0.1 notes that 82 parking spaces are required by the City’s Zoning Code. However, this is the minimum required number of off-street parking spaces. The City may require more than the minimum number of spaces depending on the circumstances. This amount of parking may not be insufficient for the mixed uses and depends on information that the City lacks at this time. The applicant would not have additional areas to add off-street parking or mitigate should parking become problematic. Were the project to move forward as proposed, the City Fire Chief has recommended that 4th Street be marked for no parking to ensure adequate access for emergency responders. This would eliminate most on-street parking nearest the site.
Overflow parking likely would spill over onto neighboring residential streets.
Impact of the Project on Local Roadways and Intersections The applicant submitted an updated traffic analysis. Despite few project changes, the impacts are reduced by approximately 1/3 compared to the 2022 project. Both studies fail to identify project-specific impacts, and instead rely on required impact fees for mitigation. The City, as lead agency, can and should properly weigh the utility of the study, because this weakness in the study further underscores the underlying commercial zoning in contrast to residential uses, especially multi-family uses, as presented in the subject project.
As is seen with projects in the Walnut Avenue Specific Plan, a typical traffic impact analysis considers build-out conditions; for example, the assignment of cost-sharing by projects for identified circulation improvements.
Challenges in Managing Parking for Commercial and Residential Uses 115
11 The revised project maintains the same 82-space parking lot. No parking management plan has been submitted for review. If approved by the City Council, a parking management program should be a condition of approval. This weakness in the current project underscores the contrasting parking and circulation impacts between residential and commercial uses. With commercial uses, the public benefits from well clarified controls over parking spaces. With residential uses, many inimical circulation and onstreet parking problems likely may occur. A review of the site plan reveals very limited area for circulation, due to the narrowness of the parcel. It is never clarified how, if at all, the residential and commercial spaces may be apportioned. The necessary tools, such as gates, or assigned parking and enforcement required to mitigate the on-site parking challenges amplifies the contrasting substantive detrimental impacts which can occur between dense residential development and commercial development.
Proposal for 3-BR, 1-BA Units
There are six three-BR units in the current project design. An additional full bath is now proposed for these six units, such that they will be three-BR/two-bath units.
Lack of In-Unit Laundry Appliances
The revised project includes stacked washer/dryer units in each residential unit.
Proposed Laundromat and New Uses in Multi-Family Residential Zoning District The subject project fails to identify any commercial uses. This underscores the predominance and inappropriateness of the proposed, primarily residential development. The parcel is zoned Highway Commercial because this is what the City has deemed in its General Plan process to the predetermined use of the site, which is what the H-C zoning reflects. Previously, the applicant proposed a laundromat and convenience store.
Proposed Alcohol Sales from Convenience Store
The subject property fails to identify any commercial uses. This underscores the predominance of the residential units in the proposal. It remains primarily a multi-family residential project. A retail store is an allowed use in this district, and any proposed alcohol sales would be subject to the normal permitting and licensing requirements for alcoholic beverages sales.
Conclusion
Staff supports the Planning Commission’s recommendation of denial for the project because the residential/commercial mix is inordinately weighted towards residential uses, and therefore remains inconsistent with the underlying zoning at the site, which would permit just six residential units. The predominant multi-family residential project with 24 units offers a dense residential development, in contrast to a wide range of acceptable commercial uses with great access to Highway 101, which is codified as the preferred use in the General Plan and Highway Commercial zoning of the site. The proposed Development Agreement does not change this. The applicant would be correct that the Planning Commission and City Council may approve the subject project as proposed. However, staff analyzed the project’s compatibility with the existing and 116
12 adjoining area and formulated its professional recommendation to deny premise upon the purpose of Desing Review to “promote the orderly and harmonious growth of the City.” As proposed, this project neither is orderly nor is it harmonious.
This is reflected in the review of the Findings and Evidence in the resolution (Attachment 1). These findings were reviewed and affirmed by the Planning Commission in their September 5, 2023 review of the revised project, as summarized below in Planning Commission Review.
As detailed supra, the project is significantly more dense than was anticipated in the General Plan and Zoning Code. The Planning Commission provided explicit direction regarding their concerns situating a predominantly residential project on this commercially zoned parcel and, after reviewing the current project, reaffirmed that with their unanimous vote recommending that the City Council deny the Design Review for the revised project. The City Council may disagree with the Planning Commission’s recommendation and approve the project. This would require staff to return with revised findings for approval.
PLANNING COMMISSION REVIEW
The Planning Commission reviewed the current (2023) version of the project on September 5, 2023, and on a 5-0 vote, adopted a resolution recommending that the City Council deny the proposed Design Review and attendant Development Agreement. The Commission noted that the project revisions that were made by the applicant in an attempt to address the Planning Commission’s comments and concerns on a prior (September 2022) version of the development were not adequate and reiterated concerns with the project’s consistency with the underlying Highway Commercial zoning and land use designations. The Commission also expressed skepticism that the parking lot operations could be effectively managed. The Commission expressed that the project site was a key commercially-zoned site with excellent visibility from Highway 101 and convenient access from Highway 101 and the surrounding streets.
FISCAL IMPACT
The cost of reviewing the various project proposals is the responsibility of the applicant.
There is no impact to the City’s General Plan for the review of the project.
CEQA REVIEW
The City, as lead agency, performed an Initial Study on the project, resulting in a draft Mitigated Negative Declaration (MND) pursuant to CEQA. Because this is a recommendation for denial of the Design Review, the City Council is not being requested to adopt an environmental document.
RECOMMENDATION
It is recommended the City Council adopt Resolution 2023-### denying the Design Review and rejecting the draft Development Agreement for the proposed Las Palmas project.
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13 ALTERNATIVES
1. Adopt Resolution No. 2023-###, with revisions to the resolution or findings
2. Continue the item for additional information or to allow the applicant to make City-directed changes to the project
3. Provide direction to staff to return with a resolution approving the project’s Design Review and an ordinance for adoption of the associated Development Agreement
PROPOSED MOTION
I MOVE THAT THE CITY COUNCIL ADOPT RESOLUTION 2023-120 DENYING
A DESIGN REVIEW AND REJECTING A DRAFT DEVELOPMENT AGREEMENT FOR A PROPOSED THREE-STORY, 36,410-SQ FT BUILDING WITH 24 MULTIFAMILY RESIDENTIAL UNITS, A 2,700-SQ FT COMMUNITY ROOM, AND 8.850 SQ FT OF COMMERCIAL FLOOR AREA ON A 1.42-ACRE UNDEVELOPED SITE ON THE EAST SIDE OF 4TH STREET BETWEEN APPLE AND PALM AVENUES (APN: 024-151-011).
ATTACHMENTS
1. City Council Resolution No. 2023-120
2. Planning Commission minutes from September 6, 2022
3. City letter dated September 8, 2022
4. City letter dated November 12, 2022 on revised project
5. Applicant letter dated November 29, 2022 and revised June 27, 2023, summarizing project modifications
6. Project Plan Set (webpage link)
7. Draft Development Agreement
8. Draft MND Documents (webpage link)
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Attachment 1
CITY OF GREENFIELD CITY COUNCIL
RESOLUTION NO. 2023- 120
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD
DENYING A DESIGN REVIEW AND DEVELOPMENT AGREEMENT
FOR A PROPOSED THREE-STORY, 36,410-SQ FT BUILDING WITH 24 MULTI-FAMILY RESIDENTIAL UNITS, A 2,700-SQ FT COMMUNITY ROOM, AND 8,850 SQ FT OF COMMERCIAL FLOOR AREA ON A 1.42- ACRE UNDEVELOPED SITE. THE PROJECT IS LOCATED ON THE
EAST SIDE OF 4TH STREET BETWEEN APPLE AND PALM AVENUES
(APN: 024-151-011; PERMIT PLN #20018)
WHEREAS, the current revised project was submitted to the city on or about May 2023, and the applicant has proposed various projects since 2018, for which none complied with the parcel’s underlying zoning and land use designation established by the City of Greenfield’s General Plan and Zoning Ordinance as amended: and WHEREAS, the subject project and past projects always required a legislative remedy such as a zoning code amendment and redesignated land use designation to comply with applicable regulations, at present the parcel is zoned Highway Commercial with a Mixed Use Overlay, which expands the orbit of development slightly, and WHEREAS, Section 17.16.060 of the City’s Zoning Code requires Design Review for all mixed use developments; and
WHEREAS, on or about January 2019, the applicant first approached the city and proposed development at the subject site; and
WHEREAS, various iterations of projects have been presented to the city since none of the proposals have been consistent with its Highway Commercial zoning; and WHEREAS, the project site is Zoned Highway-Commercial (C-H) with a Mixed-Use Overlay, which allows one residential unit per floor for every 3,000 sq ft of commercial development; and
WHEREAS, pursuant to Section 17.42.030.D of the City’s Zoning Code, additional units beyond the one unit per floor per 3,000 sq ft of commercial development may be allowed by means of a Development Agreement adopted pursuant to Section
17.16.160; and
WHEREAS, Section 17.16.160.B of the City’s Zoning Code designates the City Council as the approving authority for Development Agreements, after review and 119
2 recommendations by the Community Development Director and the Planning Commission; and
WHEREAS, Section 17.14.050 of the City’s Zoning Code states in part that when a proposed project require more than one permit with more than one approving authority, final action shall be taken by the highest level approving authority, which in this case, is the City Council; and
WHEREAS, the City Council shall approve, conditionally approve, or deny the proposed Design Review and Development Agreement requests in accordance with the requirements of the City’s General Plan and Zoning Code; and WHEREAS, California Environmental Quality Act (CEQA) requires an assessment of the environmental impacts of a proposed project and the adoption of all feasible measures to mitigate those impacts; and
WHEREAS, City staff determined that an Initial Study (IS)/Mitigated Negative Declaration (MND) was the required CEQA documentation for the project and prepared and circulated for review a Draft IS/MND pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. ("CEQA"), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.) and the City's local standards, with the MND evaluating the environmental impacts of the project and identifying mitigation measures to reduce potential significant environmental impacts to a less than significant level; and
WHEREAS, the current project is a revision to a similar mixed-use project at the project site, which was considered by the Planning Commission on September 6, 2022, and recommended for denial by the City Council on a 4-0-1 vote of the Planning Commission; and WHEREAS, the current project was reviewed by the Community Development Director and through interdepartmental review with a recommendation for denial of the project; and
WHEREAS, the application for the proposed Design Review and Development Agreement was considered by the Planning Commission at duly-noticed public hearing on September 5, 2023, and recommended for denial by the City Council on a 5-0 vote of the Planning Commission
WHEREAS, the City Council has considered all written and verbal evidence attendant to Permit No. 20018 regarding Design Review and the Development Agreement application during public hearing, and considered commercial and mixed use development in the City’s General Plan and the requirements of City of Greenfield Municipal Code Chapter Sections 17.16.070; 17.16.160; 17.42.030.C; 17.26; 17.32, and
17.72; and
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3 WHEREAS, the City Council has considered the below Findings.
NOW, THEREFORE, BE IT HEREBY RESOLVED, by the City Council of the City of Greenfield, after consideration of all written and verbal evidence regarding this matter at the public hearing, does hereby make the following findings:
(1) FINDING: That any two-story construction requires notification of property owners pursuant to Section 17.14.040, “Public Notices,” of this title.
EVIDENCE: Notice of the proposed development and both the Planning Commission and City Council meetings where hearings were held on the design review application was properly given to all property owners of record within 500 feet of the project site via U.S. Mail, posting on site in a location clearly visible to the public, and publication in the local newspaper of general circulation, as required by Section 17.14.040 of the City of Greenfield Zoning Code.
(2) FINDING: That the proposed development is consistent with the objectives of the general plan, complies with applicable zoning regulations, specific plan provisions, planned unit development provisions, applicable City design guidelines, and improvement standards adopted by the City.
EVIDENCE: The proposed site is designated by the general plan for Highway Commercial Uses and is in the Highway Commercial (C-H) Zoning District with a Mixed Use Overlay. The Mixed Use Overlay allows a limited amount of residential development for sites with predominantly commercial development. One residential unit per floor is allowed for every 3,000 sq ft of commercial floor area. Since the project is proposing 11,550 sq ft (minus 2,700 sf) of commercial floor area, under the City’s Mixed Use Overlay, the project would be allowed a maximum of six residential units for a three-story development. The project proposes 24 residential units, which far exceeds the allowable residential development standards under the Mixed Use Overlay. As such the applicant is requesting approval of a Development Agreement for the additional residential units pursuant to Section
17.42.030.D. The granting of a Development Agreement is a discretionary action of the City Council, and the City is under no obligation to enter into a Development Agreement. The City Council would prefer to see a larger proportion of commercial development for the project site and does not support the requested Development Agreement. As such, this finding fails because it cannot be made.
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4 (3) FINDING: That the proposed architecture, site design, and landscape design are suitable for the purposes of the building and the site and will enhance the character of the neighborhood and the community.
EVIDENCE: The architecture of the proposed building is well-articulated and designed, with the two-story components on the ends of the building and the three-story components towards the center of the building. Approximately 25% of the total site area will be landscaping and open space, which complies with the landscaping coverage requirements for the Highway Commercial Zoning District. Although the project meets the required minimum number of off-street parking spaces in Table 17.58-1 (Parking Requirements by Land Use) of the City’s Zoning Code, Section 17.58.050.C (Minimum/Maximum Parking Requirements) states, in part, that the number of off-street parking spaces required in Table 17.58-1 shall be considered the minimum necessary for each use and that the approving authority may increase these parking requirements if it is determined that these requirements are inadequate for a specific project. The Planning Commission voiced concerns regarding the sufficiency of off-street parking provided, and how parking spaces will be allocated and/or reserved for the residential and commercial uses, and the City Council has similar concerns. Accordingly, this finding cannot be made.
(4) FINDING: That the architecture, including the character, scale and quality of the design, relationship with the site and other buildings, building materials, colors, screening of exterior appurtenances, exterior lighting and signing and similar elements establishes a clear design concept and is compatible with the character of buildings on adjoining and nearby properties.
EVIDENCE: The architecture of the proposed building is well-articulated with a cohesive design. of a ranch style and utilizes a light and neutral color palette. Exterior elevations and detailing are appropriate for the proposed design theme. The architecture of the new mixed-use building, its scale, relationship with the site and neighboring single- and multi-family residences, building materials, and colors establishes a clear design concept and is compatible with other single- and multi-family residences in the surrounding and nearby neighborhoods. Exterior lighting is downward-directed and shielded to prevent light intrusion onto adjacent properties. The proposed exterior lighting is appropriate for the type and scale of the proposed mixeduse development. 122
5 (5) FINDING: That the proposed project addresses vehicular, bicycle, and pedestrian transportation modes of circulation.
EVIDENCE: The number of on-site bicycle parking spaces exceeds the requirements of the Zoning Code. Public sidewalks will be constructed along the 4th Street frontage where there currently is not a sidewalk. The new sidewalk along 4th Street will connect to the existing sidewalks to the south to provide a more continuous sidewalk between Apple and Oak Avenues.
However, as discussed supra, the Planning Commission voiced concerns regarding the sufficiency of the number of off-street parking provided, as well as how parking spaces will be allocated and/or reserved for the proposed residential and commercial uses, and the City Council has similar concerns with parking. Accordingly, evidence is lacking that this finding can be made. (6) FINDING: The development agreement is consistent with the general plan objectives, policies, land uses, and implementation programs and any other applicable specific plans.
EVIDENCE: The discussion of Commercial Uses in the City’s General Plan Land Use Element notes that the provision of commercial land use designations is critical for the long-term economic success of the City. The City’s Land Use Element encourages further commercial development on its commercially zoned properties. The proposed project is a primarily residential mixed-use development on a key undeveloped Highway Commercial site.
The requested Development Agreement may allow a larger proportion of residential development than would be permitted under the City’s Mixed-Use Overlay. Use of a Development Agreement to deviate from the base zoning to such degree, is contrary to the objectives of developing commercial projects on commercially designated sites to maintain the long-term economic success of the City. Accordingly, this finding cannot be made. (7) FINDING: The development agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the City as a whole.
EVIDENCE: The project site is a key Highway Commercial zoned parcel visible to Highway 101 and serving both City residents and the regional area.
It is one of the few remaining vacant commercially zoned properties on the 123
6 east side of Highway 101 other than the areas within the Walnut Avenue Specific Plan. The approval of the requested Development Agreement would allow a primarily residential mixed use project, rather than a predominantly commercial mixed use project that could be developed without the Development Agreement. The dominant multifamily residential nature of the proposed project would drastically limit new commercial development at the site sufficient that a predominantly commercial development is impossible; and in so doing, the consequences would have a detrimental impact on public convenience and general welfare of persons residing in the immediate area. There is no evidence in the record that this development will support the general neighborhood or general welfare of the surrounding areas, given the expectation in the city’s General Plan policies that the parcel host commercial development with at-most, nominal residential, not the reverse. (8) FINDING: The development agreement will promote the orderly development of property or the preservation of property values.
EVIDENCE: There is a single-story residential neighborhood easterly and southeast of the project site. The Development Agreement is requested to allow the development of a primarily residential multifamily development (24 units) on a site zoned for Highway Commercial uses. The resultant project – essentially an apartment building - would not contribute to the orderly development of the site because the underlying zoning is Highway Commercial. Even the overlay district only permits a maximum six residential units. Use of a Development Agreement to quadruple the maximum residential density permitted by its zoning, turns the General Plan land use designation and highway commercial zoning designation upside down.
Approval would effectively replace a commercially zoned property with an apartment building. Use of the Development Agreement for this purpose is inimical to orderly development, because the “DA” is a tool intended to allow decision-makers to accommodate unique, exceptional development opportunities that normal zoning leaves in abeyance; and not to enable excessive residential densities that otherwise is not permitted. The parcel is properly zoned Highway Commercial.
EVIDENCE: Planning Commission deliberations at both the September 6, 2022 and September 5, 2023 meetings emphasize the Planning Commission’s expectation that development on the parcel retain its basic character as a commercially zoned property. The City Council concurs that 124
7 the parcel should retain its basic character as a commercially zoned property.
EVIDENCE: None of the traffic reports attendant to the project identified project-specific mitigation resultant from residential development. There is no evidence in the record demonstrating that the anticipated excess demand for off street parking would not saturate the surrounding residential neighborhoods with increased parking conflicts. This may become an actual catalyst for accelerated deterioration of the existing neighborhoods, due to inadequate residential parking for units on the project site. This in turn, typically lowers property values. Consequently, this finding cannot be made.
EVIDENCE: Administrative Record - PERMIT PLN #20018
(9) FINDING: That the proposed project is consistent with the Permitted Uses set forth in Section 17.42.030.C for the Mixed Use Overlay:
EVIDENCE: The site’s current zoning designation is Highway Commercial with a Mixed Use Overlay. The Mixed Use Overlay allows a limited amount of residential development only for sites with predominantly commercial development. The project lacks predominantly commercial development.
One residential unit per floor is allowed for every 3,000 sq ft of commercial floor area. Since the project is proposing 8,850 sq ft of commercial floor area, under the Mixed Use Overlay, the project would be allowed a maximum of six residential units for a three-story development. The project proposes 24 residential units, which far exceeds the allowable residential development under the Mixed Use Overlay. As such the applicant is requesting approval of a Development Agreement for the additional residential units pursuant to Section 17.42.030.D. The granting of a Development Agreement is a discretionary action of the City Council, and the City is under no obligation to enter into a Development Agreement. The City Council prefers to see commercial development on the site, or a dramatically larger proportion of commercial development than is proposed; and does not support the requested Development Agreement. Therefore, this finding cannot be made.
EVIDENCE: Administrative record for Permit file PLN #20018 (10) FINDING: That the proposed project is consistent with the characteristics of the Highway Commercial Zoning District as set forth in Section 17.32.020.C, 125
8 which states in part: Development in the highway commercial district is expected to be grouped near State Highway 101. Uses in this district should be designed to serve primarily city residents but have regional draw. Uses in the C-H zone should be destination places with a diverse mix of uses and activities. Potential uses within the zone may include gas stations, restaurants, large scale retail, hotels, and entertainment venues. These uses benefit from proximity to freeway interchanges to accommodate higher traffic volumes associated with "destination" places.
EVIDENCE: The project is east of and adjacent to the Highway 101 corridor.
With only the 4th Street Right-of-Way separating the proposed mixed use development from the Highway, and the location of the site between the Walnut Avenue and Oak Avenue highway interchanges, the project site is a prime location for highway commercial development. The Zoning Code demonstrates the site may support a variety of commercial uses serving both the City residents and the region, as intended by its General Plan designation. Here, the dense residential development/apartment building, exceeds the density allowed under the Mixed Use Overlay without the granting of a Development Agreement. The Planning Commission would prefer to see a larger proportion of commercial development for the project site and does not support the requested Development Agreement.
Consequently, this finding cannot be made.
EVIDENCE: Planning Commission proceedings of September 6, 2022 and September 5, 2023.
EVIDENCE: City of Greenfield General Plan and Zoning Code EVIDENCE: Administrative record for Permit file PLN #20018 (11) FINDING: That both the Planning Commission and City Council of the City of Greenfield has conducted a duly noticed public hearing on the proposed project, its planning entitlements, and the associated Initial Study/Mitigated Negative Declaration prepared for the project and has considered all written and verbal evidence regarding the project, its planning entitlements, and the associated IS/MND at the public hearing.
EVIDENCE: Administrative Record for Permit file PLN #20018 (12) FINDING: That pursuant to Section 15270 of the State Guidelines for the Implementation of CEQA, CEQA does not apply to projects which a public agency rejects or disapproves.
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9 EVIDENCE: Since the City Council is denying the proposed project, Section 15270 of the State CEQA Guidelines is applicable, and no action on any CEQA document is necessary.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Greenfield has considered all written and verbal evidence regarding this Design Review and Development Agreement (PLN Permit 20018) at the public hearing and does hereby:
1. Takes no action on the Initial Study/Mitigated Negative Declaration prepared for the project; and
2. Denies said Design Review and Development Agreement for the 1.42-acre parcel located on the east side of 4th Street between Apple and Palm Avenues (APN: 024-151-011).
PASSED AND ADOPTED by the City Council of the City of Greenfield, at a regularly scheduled meeting of the City Council held on the 26th day of September 2023, by the following vote:
AYES, and all in favor, therefore, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
____________________________________
Robert White, Mayor
Attest:
____________________________________
Ann F. Rathbun, City Clerk
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1 City of Greenfield
Greenfield Civic Center
599 El Camino Real
Greenfield, CA 93927
Planning Commission Minutes
Tuesday, September 6, 2022
6:00 p.m.
CHAIR STEPHANIE GARCIA
VICE CHAIR TINA MARTINEZ
COMMISSIONER ERNEST GALLARDO
COMMISSIONER ROBERT URQUIDES
COMMISSIONER CYNTHIA ZAVALA
A. CALL TO ORDER
Meeting called to order by Chair Garcia at 6:00 p.m.
B. ROLL CALL
Present: Chair Garcia, Vice Chair Martinez (arrived at 6:03 p.m.), Commissioner Zavala, Commissioner Gallardo
Absent: Commissioner Urquides
Staff Present: Community Development Director Paul Mugan, Building Official Gabriel Martinez, Acting Chief Police Guillermo Mixer, Management Analyst Yesenia Attachment 2
128
2 de la Torre, Consulting Planner Rob Mullane, AICP, Consulting Permit Technician Austin Arabia
C. PLEDGE OF ALLEGIANCE
Pledge led by Chair Garcia.
D. PUBLIC COMMENTS FROM THE AUDIENCE REGARDING ITEMS NOT ON THE AGENDA
Speaker: Laura, Greenfield Resident, expressed her concern for fixing 12th Street after Magnolia Apartments are completed and for the Greenfield sign being delayed.
E. CONSENT AGENDA
1. Adoption of the August 2, 2022, Planning Commission Minutes
2. Approval of Numerical Addresses for Woodridge Townhomes Project
3. Approval of Numerical Addresses for Walnut Grove Phases II and III Project Motion by Commissioner Zavala to approve the August 2, 2022, Planning Commission Meeting Minutes, to approve the Numerical Addresses for Woodridge Townhomes Project, and to approve the Numerical Addresses for Walnut Grove Phases II and III Project; seconded by Commissioner Gallardo.
VOTE
Ayes: Zavala, Gallardo, Martinez, Garcia
Noes: None
Absent: Urquides
Motion carried 4-0-1
F. PUBLIC HEARINGS
1. Consideration of a Resolution Recommending that the City Council Approve a Rezone and General Plan Amendment for a 0.41-acre project site at the southeast corner of Elm Avenue and St. Charles Place; APNs: 024-392-001 through -006
a. Staff Report
b. Open/Close Public Hearing
c. Planning Commission Discussion
Consulting Planner Rob Mullane presented the staff report. He stated that Hugh Walker is requesting a minor change to allowable uses for the project due to its current commercial base zoning.
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3 Public Hearing opened by Chair Garcia
Hugh Walker, Vice President of Stonebridge, explained that it is difficult to market the townhomes as live/work and expressed concerns with parking issues if businesses are required on site.
Seeing no other speakers, Chair Garcia closed the Public Hearing.
Commissioner Gallardo stated he saw no effect from rezoning the site and recommended that the project move forward.
Vice Chair Martinez expressed her support for the requested change in zoning.
Chair Garcia asked if this change would affect future projects.
Mr. Mullane explained the rezoning will only affect this project.
Motion by Commissioner Zavala that the Planning Commission Adopt Resolution 2022-09 recommending that the City Council (1) Amend the City of Greenfield General Plan to reclassify certain real property at the southeast corner of Elm Avenue and St Charles Place from downtown commercial to medium density residential and, (2) Amend the City of Greenfield Zoning Map to rezone the subject property from retail business with a gateway and mixed-use overlay to multiple family residential; seconded by Vice Chair Martinez.
VOTE
Ayes: Zavala, Martinez, Gallardo, Garcia
Noes: None
Absent: Urquides
Motion carried 4-0-1
2. Consideration of a Resolution Recommending that the City Council Approve a Rezone, General Plan Amendment/land use designation change, Zoning Code Text Amendment, Conditional Use Permit, and Design Review Permit for the development of a three-story, 36,410-sq ft building with 32 multi-family residential units, a convenience store, and laundromat on a 1.42-acre project site on the east side of 4th Street between Apple and Palm Avenues (APN:024-011). a. Staff Report
b. Open/Close Public Comments
c. Planning Commission Discussion
Mr. Mullane presented the staff report. He explained the proposed project includes 32 multi-family units and two commercial spaces: a laundromat and a convenience 130
4 store with alcohol sales. He noted that both commercial uses would be open to the public.
Public Hearing opened by Chair Garcia
Jessica Bautista, a Greenfield resident, expressed her concerns about the sales of alcohol. She also mentioned that the apartments should have washer and dryer hook ups.
Seeing no other speakers, Chair Garcia closed the public hearing.
Chair Garcia stated a concern about the loss of prime Highway Commercial Zoned lands, particularly along the Highway 101 corridor. Commissioner Gallardo asked where the laundromat will be located.
Mr. Mullane responded the laundromat will be located on the first floor.
Commissioner Gallardo asked if residents will be living on top of laundromat.
Mr. Mullane responded that residents will be living on top of laundromat.
Commissioner Zavala asked if laundromat will be open for everyone and if apartments will have hook ups.
Mr. Mullane responded that laundromat will be open for the public, and that the applicant should be able to field the question regarding laundry hook ups.
Commissioner Zavala expressed her concern regarding adequacy of parking spaces and how the site will be managed with both commercial users and residents.
Chair Garcia asked where the customer parking will be located.
Mr. Mullane explained that that is not specified on the plans, but that there would be a parking management plan as a condition of approval for City staff review and approval.
Commissioner Gallardo stated that he is concerned with the proposed alcohol sales and about impacts on water supply, particularly from the laundromat use.
Vice Chair Martinez expressed her concerned about safety in that area.
Planning Commission approved a 5-minute recess to allow the project applicant to join the meeting.
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5 Chair Garcia re-opened the Public Hearing at 6:59 p.m.
David Elliott, Project Architect, joined the meeting via zoom. Mr. Elliot explained that there are no laundry units in the residences and residents will have to use the laundry facility downstairs.
Chair Garcia asked if there is an elevator.
Mr. Elliot responded that there is no elevator.
Chair Garcia asked if there will be residents on ground level.
Mr. Elliot responded that there are units at the ground level and that four of these are reserved as ADA-compliance apartments.
Chair Garcia asked if there are parking restrictions to public.
Mr. Elliot responded that the project has adequate parking according to the City’s off-street parking requirements.
Chair Garcia asked why the 3-bedroom units have only one bathroom.
Mr. Elliot responded there is no building code requirement on more than one bathroom per unit.
Commissioner Gallardo asked if there is a possibility for laundry hook ups.
Mr. Elliot provided additional information on the laundry concept.
Chair Garcia asked if residents will have to pay for laundry.
Mr. Elliot responded that residents will have to pay to use the laundry facility.
Commissioner Zavala asked if there will be a manager on site.
Mr. Elliot responded there will be a manager on site.
Commissioner Zavala asked if units will have air conditioning.
Mr. Elliot responded units will not have air conditioning units.
Commissioner Zavala asked if there will be surveillance. 132
6 Mr. Elliot responded there will be surveillance installed to meet Police Department requirements.
Chair Garcia stated opposition to the inclusion of laundromats as an allowed limited commercial use in the proposed zoning code text amendment.
Motion by Chair Garcia that the Planning Commission recommend denial of the proposed General Plan map amendment, Land Use Element text amendment, rezone, and Zoning Ordinance text amendments and direct the applicant to redesign the project in accordance with the existing General Plan designation and Zoning.
VOTE
Ayes: None
Noes: Garcia, Martinez, Zavala, Gallardo
Absent: Urquides
Motion approved 4-0-1
G. OTHER BUSINESS
1. Code Enforcement Efforts Status Report
a. Staff Report
b. Open/Close Public Comments
c. Planning Commission Discussion
Acting Chief Mixer addressed the Commission. He explained there are 2 Code Enforcement Officers and 2 Animal Control Officers. He also explained all four officers will be crossed trained to Community Services to have continuous people all 7 days a week.
Public comments opened by Chair Garcia.
Speaker 1: Jessica Bautista expressed her concerns with the dissolution of the code enforcement advisory board and code enforcement response in general. She recommended amendments to the City’s Municipal Code to improve Code Enforcement efforts.
Speaker 2: Laura (no last name given), expressed her concern about Code Enforcement response to complaints from residents.
Speaker 3: Gabby (no last name given), expressed a desire to have better follow-up on code enforcement complaints
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7 The Commission had comments on code enforcement efforts and the need for better code enforcement follow-up. The Commission expressed support for the operational changes that the Police Department has recently implemented. Commissioner Zavala suggested that the City should utilize social media to assist in better communication of code enforcement issues and responses. The Commission also welcomed website additions related to code enforcement. Community Director Mugan noted that staff could include Code Enforcement as a standing or periodic agenda item.
2. Workshop on Possible Changes to the Hours and Days for Construction Activities
a. Staff Report
b. Open/Close Public Comments
c. Planning Commission Discussion
Mr. Mullane presented the staff report.
The Commission was supportive of offering Saturday work hours for most planning projects. Chair Garcia advised that staff should post allowable construction hours on City’s website.
3. Workshop on Use of Artificial Grass in Landscaping
a. Staff Report
b. Open/Close Public Comments
c. Planning Commission Discussion
Mr. Mullane presented the staff report.
The Commission noted no major concerns with the use of artificial grass but expressed the importance of properly maintaining such turf.
4. COMMENTS FROM PLANNING COMMISSION AND STAFF
Chair Garcia mentioned that she watched the AMBAG Appeal meeting presented by Paul Mugan and complimented the City’s presentation.
Commissioner Gallardo requested that Commissioners, if participating from home because of an illness, be allowed to fully participate via Zoom as a panelist.
Commissioner Zavala noted a need for streetlights along 12th Street for the Magnolia Place project.
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8 Mr. Mugan agreed that the City can do more outreach through social media and stated that the Community Development Department plans to get more information out to the community via various social media platforms.
5. ADJOURNMENT
Meeting Adjourned by Chair Garcia at 8:36 p.m.
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City of Greenfield PO Box 127 / 599 El Camino Real
Greenfield CA 93937
Phone: 831-674-5591 Fax: 831-674-3149
www.ci.greenfield.ca.us
September 8, 2022
Mr. David J. Elliott, AIA Via Email: [email protected] David J. Elliott & Associates
17800 Cunha Lane
Salinas, CA 93907
Mr. Eduardo Couttolenc Via Email: [email protected]
1054 University Ave.
Salinas, CA 93901
Re: Planning Commission Action – Palmas de Greenfield Mixed-Use Project General Plan Amendment, Rezone, Conditional Use Permit, and Design Review; Planning Permits #20018 and #21034
Dear Mr. Elliott and Mr. Couttolenc:
On September 6, 2022, the Planning Commission considered the various planning entitlements for the Palmas de Greenfield Mixed-Use Project and recommended denial of the project to the City Council. The Planning Commission’s action was on a 4-0 vote, with the specific motion being:
That the Planning Commission recommend denial of the proposed General Plan map amendment, Land Use Element text amendment, rezone, and Zoning Ordinance text amendments and direct the applicant to redesign the project in accordance with the existing General Plan designation and Zoning.
The specific concerns expressed by the Commission in recommending denial of the planning entitlements included the following:
1) The loss of Commercial Zoning development opportunities (particularly along the Highway 101 Corridor) as a result of the proposed redesignation and rezoning of the project site;
2) The need for clarity on the proposed improvements to the 4th Street Right-of-Way via an exhibit more clearly depicting the existing ROW improvements and the proposed ROW, including all amenities (curb and gutters, planter areas, planter area, travel lanes, on-street parking areas, etc.);
3) The overall proposed density of the project and the adequacy of the proposed parking; Attachment 3
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Mr. David Elliott and Mr. Eduardo Couttolenc
Planning Commission Action - Las Palmas Mixed-Use GPA, Rezone, CUP, and Design Review September 8, 2022
4) The impact of the project on local roadways and intersections, particularly for the 4th Street/Oak Avenue/Highway 101 intersections area;
5) The number of parking spaces proposed for a development of that scale as well as challenges in managing how parking is controlled with the proposed mix of residential and commercial uses;
6) The 3-BR, 1-BA units having only one bathroom;
7) The lack of in-unit clothes washer and dryer amenities for the proposed dwelling units; 8) The inclusion of the laundromat in the proposed project and the allowance for laundromats as a limited commercial use for the Multifamily Residential Zoning District; and
9) The proposal for alcohol sales from the convenience store.
The minutes of the September 6, 2022 will be transmitted separately once they are approved by the Commission. In the meantime, the applicant team should advise City staff on the desired next step(s) for the project. The options for the applicant team include the following:
1) Withdraw the project and its various planning applications from consideration. 2) Withdraw the General Plan Amendment application, the Zoning Ordinance Amendment, and Conditional Use Permit applications, and submit a revised project for Design Review consideration by the Planning Commission in accordance with the allowable uses and development standards of the project site’s existing Highway Commercial zoning. 3) Amend the project to address some or most of the Planning Commission concerns regarding the current proposal, and inform staff that you would like the revised project to be considered by the City Council.
4) Inform staff that you would like to have the project as currently proposed to be considered by the City Council.
For Option #2, staff would analyze the revised project and make a recommendation to the Planning Commission as appropriate. For Option #4, based on the Planning Commission’s unanimous motion, staff would be recommending denial of the proposed project to the City Council. For Option #3, staff would review the extent of the proposed project revisions and present these to the City Council. However, given the Planning Commission’s motion, which includes direction to redesign the project to conform with the Highway Commercial Zoning District, the staff recommendation to the City Council would likely be to deny the project.
Please advise the City on the applicant team’s designed next step. Once City staff has received this direction and has had a chance to review any resubmitted planning application materials, staff can advise you on the anticipated timing for scheduling the project for consideration by either the Planning Commission or the City Council.
The project is currently noticed for a public hearing before the City Council on September 13, 2022. However, given the Planning Commission’s recommendation for denial of the project and the need for guidance from the applicant team on next step(s), staff will be requesting a continuance of the item to a date uncertain and will re-notice either the Planning Commission or City Council hearing as a subsequent action.
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Planning Commission Action - Las Palmas Mixed-Use GPA, Rezone, CUP, and Design Review September 8, 2022
Please let me or Community Development Director Paul Mugan know if you have any questions. I may reached at [email protected] or (805) 350-3282, and Mr. Mugan may be reached at [email protected] or (831) 304-0333. Thank you.
Sincerely,
Robert A. Mullane, AICP,
Consulting Planner
cc: Paul Mugan, Community Development Director
Paul Wood, CPA, City Manager
Jamie Tugel, Public Works Director
Gabe Martinez, CBO, Building Official
Travis Cochrane, City Attorney
Austin Arabia, Contract Permit Technician
138
City of Greenfield PO Box 127 / 599 El Camino Real
Greenfield CA 93937
Phone: 831-674-5591 Fax: 831-674-3149
www.ci.greenfield.ca.us
November 11, 2022
Mr. David J. Elliott Via Email: [email protected]
David J. Elliott & Associates
17800 Cunha Lane
Salinas, CA 93907
Re: Project Modification – Palmas Mixed-Use Project General Plan Amendment, Rezone, and Design Review; Planning Permits #20018 and #21034 Dear Mr. Elliott:
Thank you for your October 6, 2022 letter noting project revisions that the applicant team would like to make to the Las Palmas Project for Planning Commission reconsideration. The City received the requisite application payment on October 13, 2022, which initiated a 30-day application review of the revised application. City staff have reviewed the summary of proposed project revisions and have determined that the revised application is deemed incomplete, pending the submittal of additional information in support of the request. City staff have the following comments on the revised submittal, many of which we discussed in our recent phone conversation with you and Paul Mugan on Friday, November 4, 2022.
1. City staff continues to maintain that a commercial only project that meets the allowed uses for the site’s Highway Commercial zoning is what the Planning Commission is looking for, in view of the Commission’s comments from their September 6, 2022 review of the project. We recommend that you revise the project accordingly (to be a primarily commercial project, rather than a primarily residential project).
2. In support of Item #2 in the City’s September 8, 2022 letter regarding the Planning Commission consideration of the project, provide a clear site plan enlargement and a cross section of the project’s 4th Street frontage showing, noting, and dimensioning as appropriate all existing and proposed improvements in the Right of Way. The additional exhibits should clearly denote, the property line, centerline of 4th Street, and the Caltrans Right-of-Way, in addition to existing and proposed improvements.
3. City staff recommend in addition to the additional exhibit noted in Item 2, that the applicant team provide a revised narrative of the proposed project revisions, as the October 6, 2022 letter has a few typos and should also respond to this letter.
4. To address Planning Commission concerns regarding the impact of the project on local Attachment 4
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Mr. David Elliott
Revised Las Palmas Mixed-Use Project - GPA, Rezone, CUP, and Design Review November 11, 2022
roadways and intersections, City staff recommend that the applicant team provide a summary of the traffic report’s analysis of these impacts. Should the applicant team not provide this, City staff will provide such a summary for the staff report; however, it may be best to have the project traffic engineer provide this information.
5. Please provide a revised floor plan for any units that are revised in response to Planning Commission comments on the September 2022 proposed project. For example, since the accessible units are now proposed to include 1 ½ baths, provide a revised floor plan exhibit for these units. If other units are modified, an exhibit with the modified floor plan should be provided.
6. For the proposed change in the intended users for the laundromat facilities, a revised project description should be provided noted theses changes. As discussed with you on November 4, 2022, a convenience store with or without alcoholic beverage sales would not be allowed in the Highway Commercial zoning district. The other 1,600-sq ft space should be noted as a community center or other allowed residential-serving use, and a revised project description should be submitted for staff, Planning Commission, and City Council review. The convenience store use should be removed from the proposal, as should the beer and wine sales. Having these uses available only to the residents of the project is still a commercial use and is not allowed in the proposed Highway Commercial Zoning District.
We look forward to receiving and reviewing these additional clarifications and application materials, and once received and reviewed, can advise you on a tentative date for reconsideration by the Planning Commission. It is our understanding that such a review by the Planning Commission would be conceptual in scope, and if received well, a full revised submittal, including a revised environmental analysis, would be required prior to formal consideration of the project’s planning entitlements by City decision-makers. Please do not hesitate to contact me at [email protected] or (805) 350-3282 should you have any questions regarding this letter. Thank you.
Sincerely,
Robert A. Mullane, AICP,
Consulting Planner
cc: Paul Mugan, Community Development Director
Jamie Tugel, Public Works Director
Doug Pike, PE, City Engineer
Gabriel Martinez, CBO, City Building Official
Jim Langborg, Fire Chief
Jim Dias, Contract Fire Marshal
140
Mr. David Elliott
Revised Las Palmas Mixed-Use Project - GPA, Rezone, CUP, and Design Review November 11, 2022
Bill Mixer, Acting Police Chief
Paul Wood, CPA, City Manager
Austin Arabia, Contract Permit Technician
Eduardo Couttolenc, Property Owner and Applicant
141
Attachment 5
142
143
Attachment 6
Palmas de Greenfield Project Plan Set
The Palmas de Greenfield Project Plan Set is available on the City’s webpage at the following link:
https://ci.greenfield.ca.us/DocumentCenter/View/3508/Plan-Set---1439-052523 Please note that the Plan Set files are large, so they may take a few minutes to download. 144
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RECORDING REQUESTED BY:
CITY OF GREENFIELD
When Recorded Mail To:
City Clerk
City of Greenfield
599 El Camino Real
P.O. Box 127
Greenfield, CA 93927
Space above this line for Recorder’s use
Fee Waived per Government Code § 27383
DEVELOPMENT AGREEMENT
BETWEEN THE
CITY OF GREENFIELD
(City)
AND
EDUARDO A. COUTTOLENC and HELIA R. COUTTOLENC, Trustees of the
EDUARDO AND HELIA COUTTOLENC FAMILY TRUST
(Owner)
FOR THE
PALMAS DE GREENFIELD PROJECT
CITY PLANNING NUMBER 21034
APN 024-151-011
(Project)
Attachment 7
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THIS DEVELOPMENT AGREEMENT (this “Agreement” or this “Development Agreement”) is made and entered in the City of Greenfield on this ____ day of ___________, 20___ by and among the City of Greenfield, a Municipal Corporation (hereafter “City”), and Eduardo A. Couttolenc and Helia R. Couttolenc, Trustees of the Eduardo and Helia Couttolenc Family Trust (hereafter “Owner” or “Couttolenc”), pursuant to the authority of Section 65864 et seq. of the California Government Code and Greenfield Municipal Code, Section 17.16.160.
City and Owner are, from time-to-time, individually referred to in this Agreement as a “Party,” and are collectively referred to as “Parties.”
RECITALS AND FINDINGS
A. California Government Code Section 65864 et seq. (“Development Agreement Statute”) and Section 17.16.160 of the Greenfield Municipal Code (hereafter “Section
17.16.160”) authorize the City to enter into a Development Agreement for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property.
B. This Development Agreement has been prepared in accordance with the requirements of the Development Agreement Statute and Section 17.16.160.
C. Owner has an interest in that certain real property consisting of approximately
1.42 acres of land located on Fourth Street between Apple Avenue and Palm Avenue in the City, also known as APN 024-151-011, and more particularly described in Exhibit A attached hereto and incorporated herein by reference (“the Property”).
D. Owner proposes to develop the Property with new 24 multi-family residential units with commercial area and resident common room, as more particularly described on the Site Plan, Building Elevations and Project Plans (see Plan Sheets A0.1; A0.2; A1.1; A2.1; A2.2; A2.3; A2.4; A2.5; A3.1; A3.2; A3.3; A3.4) attached hereto as Exhibit B and incorporated herein by reference, and the final approved plans on file with the City (“the Project”).
E. The applicable base zoning district for the property is Highway Commercial (C-H) City Code Chapter 17.32 (section 17,32,020.C; 17.32.030; 17.32.040; Table 17.32-2) with a Mixed Use Overlay (MUO) City Code Chapter 17.42 (section 17.42.030), which MUO allows an increased residential density in the C-H zoning district with a Development Agreement (section
17.42.030(D)), adopted pursuant to section 17.16.160. The City’s General Plan Goal 21,Policy 2-19 also encourages infill development, which allows the Project to be developed as proposed, and such development is consistent with the General Plan and Zoning, even though the Project includes more residential development than would normally be allowed in the C-H zoning district. The Project complies with the City zoning code and C-H zoning standards set forth in Chapters: 17.32 (C-H Zoning District), 17.26 (Allowable Land Uses), 17.46 (Accessory Structures), 17.52 (Fences and Walls), 17.54 (Landscaping), 17.55 (Resource Efficiency), 17.56 (Lighting), 17.58 (Parking), 17.60 (Performance Standards), 17.62 (Signs), and 17.63 (Undergrounding of Utilities) of the Greenfield Municipal Code, except as otherwise set forth on the Project plans, attached hereto and incorporated herein by reference. The applicable City Zoning Codes as set forth above and as codified by the City through Ordinance 556, passed April 12, 2022, along with the Project Plans described in Exhibit B, attached hereto, constitute the Project Specific Zoning and Development Standards (“Project Specific Zoning and Development Standards”).
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F. City and Owner desire the timely, efficient, orderly and proper development of the Project site.
G. Owner and the City have created this Agreement in order to facilitate the buildout the Project. The Project as proposed will create a beneficial physical impact as set forth in the City’s adopted General Plan and the Mixed Use Overlay purpose and intent to provide housing opportunities without reducing available land for commercial uses professional offices. The Project is intended to blend residential and commercial uses where those functions are physically and functionally integrated, allows people to live and work in the same area, increases the presence of people during extended hours, and provides a greater housing variety.
H. As part of this Development Agreement adoption process the City Council has required the preparation of a CEQA Evaluation to identify any potentially significant environmental effects arising from the Project. The City has carried out all requirements of the California Environmental Quality Act (“CEQA”) of 1970, as amended. The following actions were taken with respect to this Agreement, the Project, and all such approvals collectively, together with any approvals or permits now or hereafter issued with respect to the Project, are referred to as the “Project Approvals”.
H-1 On _________, 2023, following a duly noticed and conducted public hearing, the City Planning Commission recommended that the City Council adopt the CEQA ______by adoption of its Resolution No. ____ and making the findings of fact thereto;
H-2 On _________, 2023, following a duly noticed and conducted public hearing, the City Planning Commission recommended that the City Council approve the Project by adoption of its Resolution No. ____ and making the findings of fact thereto; H-3 On _________, 2023, following a duly noticed and conducted public hearing, the City Planning Commission recommended that the City Council approve this Agreement by adoption of its Resolution No. ____ and making the findings of fact thereto;
H-4 On ____________, 2023, following a duly noticed public hearing and pursuant to CEQA, the City Council adopted the CEQA _________ by adoption of its Resolution No. ____ and making the findings of fact thereto; H-5 On _________, 2023, following a duly noticed and conducted public hearing, the City Council approved the Project by adoption of its Resolution No. ____ and making the findings of fact thereto;
H-6 On ____________, 2023, following a duly noticed public hearing, the City Council determined that the provisions of this Agreement are consistent with the General Plan of the City, made the findings of fact thereto, and introduced Ordinance No.________ approving and authorizing the execution of this Agreement; and on ____________, 2023, the City Council adopted the Ordinance, a copy of which is on file with the City Clerk of the City, and the findings and conditions pertaining thereto. Said ordinance will become effective on _________________, 2023 (“the Effective Date”). 147
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I. City and Owner have reached agreement and desire to express herein a Development Agreement that shall facilitate development of the Project within the City.
J. Pursuant to the Development Agreement Statute, City has agreed that, except as provided for by this Agreement, the rules, regulations and official policies governing permitted uses of land, governing density, and governing design, improvement, and construction standards and specifications, applicable to development of the Property shall be those rules, regulations, and official policies of the City of Greenfield in force as of the Effective Date.
NOW, THEREFORE, with reference to the foregoing recitals and findings, and in consideration of the mutual promises, obligations, and covenants herein contained, City and Owner agree as follows:
AGREEMENT
1. Description of Property and Project
1.1. The Property that is the subject of this Agreement is described in Exhibit A.
1.2. The Project that is the subject of this Agreement is described in Exhibit B.
2. Interest of Owner
2.1. The Owner has a legal interest in the Property.
3. Relationship of City and Owner
3.1. It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by the City and Owner, and that the Owner is not an agent of the City.
The City and Owner hereby renounce the existence of any form of joint venture or partnership between or among them, and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making the City and Owner joint ventures or partners.
4. Effective Date and Term
4.1. Effective Date. The effective date of this Agreement shall be as set forth H-6 above.
4.2. Term. The term of this Agreement shall commence on the Effective Date and extend ten (10) years thereafter, which term may be extended for another 10 years, unless said term is otherwise terminated or modified by circumstances set forth in this Agreement. The Project Specific Zoning and Development Standards set forth herein shall run with the land and shall continue in force and effect beyond termination of this Agreement.
4.3. Extension. Owner may request up to, and upon receipt of a written request from Owner, the City shall grant the ten (10) year extension, that extends the Term of this Agreement for a total of ten (10) additional years.
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5. Use of the Property
5.1. Right to Develop. Owner shall have the vested right to develop the Project in accordance with the terms and conditions of this Agreement, including the Project Specific Zoning Standards, the Project Approvals, and any amendments to any of them as shall, from time to time, be approved pursuant to this Agreement (such amendments once effective shall become part of the law Owner is vested into without an additional amendment of this Agreement). For any discrepancies or conflicts between City Zoning and the Project Approvals, the terms of this Agreement and Project Approvals shall take precedence.
5.2. Permitted Uses. The permitted uses of the Property, the density and intensity of use, the maximum height, bulk and size of proposed buildings, provisions for parking, landscaping, setbacks, lot coverage, and location and maintenance of on-site and off-site improvements, location of public utilities (operated by the City), and other terms and conditions of development applicable to the Property, shall be as set forth in the City’s zoning code and as set forth in this Agreement, the Project Approvals, and any amendments to this Agreement or the Project Approvals. For any discrepancies or conflicts between City Zoning and the Project Approvals, the terms of this Agreement and Project Approvals shall take precedence.
6. Applicable Rules, Regulations and Official Policies
6.1. Rules Regarding Permitted Uses. Unless otherwise expressly provided in this Agreement, including Exhibit B, attached hereto and incorporated herein by reference, for the term of this Agreement, the City’s ordinances, resolutions, rules, regulations and official policies governing the permitted uses of the Property, governing density and intensity of use of the Property and the maximum height, bulk and size of proposed buildings shall be those set forth in the City Zoning code and in this Agreement, including Exhibit B, the Project Approvals, and those in force and effect on the earlier of either the Effective Date of the Agreement or the date the City approves the first discretionary approval for the Project. For any discrepancies or conflicts between City Zoning and the Project Approvals, the terms of this Agreement and Project Approvals shall take precedence.
6.2. Rules Regarding Design and Construction. Unless otherwise expressly provided in this Agreement, including Exhibit B, attached hereto and incorporated herein by reference, the ordinances, resolutions, rules, regulations and official policies governing design, improvement and construction standards and specifications applicable to the Property shall be those set forth in the City’s Zoning Code and in this Agreement, including Exhibit B, the Project Approvals, and those in force and effect on the earlier of either the Effective Date of the Agreement or the date the City approves the first discretionary approval for the Project.
Ordinances, resolutions, rules, regulations and official policies governing design, improvement and construction standards and specifications applicable to public improvements to be constructed by Owner shall be those set forth in the City Codes and this Agreement, including Exhibit B, the Project Approvals, and those in force and effect on the earlier of either the Effective Date of the Agreement or the date the City approves the first discretionary approval for the Project. For any discrepancies or conflicts between City Zoning and the Project Approvals, the terms of this Agreement and Project Approvals shall take precedence.
6.3. Uniform Codes Applicable. Unless expressly provided in this Agreement, the Project shall be constructed in accordance with the provisions of the California Building, Mechanical, Plumbing, Electrical and Fire Codes and Title 24 of the California Code of Regulations in effect in 2022, relating to Building Standards, when the Project Building Plans 149
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were submitted to the City in 2022 for approval of the appropriate building, grading, or other construction permits for the Project.
7. Subsequently Enacted Rules and Regulations
7.1. New Rules and Regulations. During the term of this Agreement, the City may apply new or modified ordinances, resolutions, rules, regulations and official policies of the City to the Property or the Project which were not in force and effect on the Effective Date of this Agreement to ensure that the operation of the Project is consistent with the protection of the health, safety and welfare of the community and will not adversely affect the surrounding uses.
However, any such new requirements will not be applied to the Property, the Project or the Project Subdivision if: (a) the application of such new or modified ordinances, resolutions, rules, regulations or official policies would impose a substantial burden on, or materially delay development, or unreasonably impair development or completion of the Project as contemplated by this Agreement and the Project Approvals, (b) if such ordinances, resolutions, rules, regulations or official policies impose a limit on the number of units that can be constructed, or place a moratorium, ban, or other prohibition on the development and construction of the Project, and (c) if such ordinances, resolutions, rules, regulations or official policies do not have general applicability.
7.2. Approval of Application. Nothing in this Agreement shall prevent the City from denying or conditionally approving any subsequent new land use permit or authorization for the Property that is not in substantial compliance with this Agreement or the Project on the basis of such new or modified ordinances, resolutions, rules, regulations and policies, except that such subsequent actions shall be subject to any conditions, terms, restrictions, and requirements expressly set forth herein.
7.3. Moratorium Not Applicable. Notwithstanding anything to the contrary contained herein, in the event an ordinance, resolution or other measure is enacted, whether by action of the City, by initiative, referendum, or otherwise, that imposes a building moratorium, a limit on the rate of development, or a voter-approval requirement which affects the Project on all or any part of the Property, the City agrees that such ordinance, resolution or other measure shall not apply to the Project, the Property, this Agreement, or the Project Approvals unless the building moratorium is imposed as part of a declaration of a local emergency or state of emergency as defined in Government Code Section 8558.
8. Fees and Subsequently Enacted or Revised Fees, Assessments and Taxes
8.1 Application/Regulatory Permit Fees. Owner agrees to pay application, processing, inspection and plan check fees, and charges, including but not limited to permit issuance fees for the Project that are required by the City of Greenfield, unless otherwise specifically addressed in Exhibit C (“Application/Regulatory Permit Fees”).
8.2 Development Mitigation Fees. Owner agrees to pay applicable development fees, impact fees, and other such fees levied or collected by the City or other regional authorities, to offset or mitigate the impacts of development of the Project and Project Subdivision that are required by the City or other agencies, unless otherwise specifically addressed in Exhibit C ("Development Mitigation Fees").
8.3 New Taxes. Any subsequently enacted city-wide taxes shall apply to the Property provided: (1) the application of such taxes to the Property is prospective; and (2) the 150
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application of such taxes would not prevent, impose a substantial financial burden on, or materially delay development or operation of the Project in accordance with this Agreement.
8.5 Assessments. Nothing herein shall be construed to relieve the Property from assessments levied against it by the City pursuant to any statutory procedure for the assessment of property to pay for infrastructure and/or services which benefit the Property.
8.6 Vote on Future Assessments and Fees. In the event any tax, assessment, fee, or charge which is applicable to the Property is subject to Article XIIIC or XIIID of the California Constitution and Owner does not return its ballot, Owner agrees, on behalf of itself and its successors, that the City may count Owner’s ballot as affirmatively voting in favor of such tax, assessment, fee, or charge.
9. Amendment or Cancellation
9.1. Modification Because of Conflict with State or Federal Laws. In the event state or federal laws or regulations prevent or preclude compliance with one or more provisions of this Agreement, or require changes in plans, maps or permits for the Project approved by the City, or prevent or preclude the development of the Project as provided for in this Agreement, the parties shall meet and confer in good faith in a reasonable attempt to modify this Agreement to comply with such federal or state law or regulation. Any such amendment of this Agreement shall be subject to approval by the City Council in accordance with Section 17.16.160 of the Municipal Code.
9.2. Amendment by Mutual Consent. This Agreement, including, but not limited to, the term of this Agreement, may be amended in writing from time to time by mutual consent of the parties hereto and in accordance with the procedures of State law and Section 17.16.160 of the Municipal Code.
9.3. Insubstantial Amendments. Notwithstanding the provisions of the preceding Section 9.2, any amendments to this Agreement which do not relate to (a) the term of the Agreement, as provided in Section 4.2; (b) the permitted uses of the Property as provided in Section 5.2; (c) provisions for “significant” reservation or dedication of land; (d) conditions, terms, restrictions or requirements for subsequent discretionary actions; (e) the Project Approvals or the density or intensity of use of the Project; (f) the maximum height or size of proposed buildings; or (g) monetary contributions by Owner as provided in this Agreement (collectively “Insubstantial Amendments”), shall not, except to the extent otherwise required by law, require notice or public hearing before either the City Planning Commission or the City Council before the parties may execute an amendment hereto. The City Manager, or his or her designee, shall be delegated the authority to determine whether a reservation or dedication is “significant” and to execute Insubstantial Amendments.
9.4. Amendment of Project Approvals. Any amendment of Project Approvals relating to: (a) the permitted use of the Property; (b) provision for reservation or dedication of land; (c) conditions, terms, restrictions or requirements for subsequent discretionary actions; (d) the density or intensity of use of the Project; (e) the maximum height or size of proposed buildings; (f) monetary contributions by the Owner or City; or (g) public improvements to be constructed by Owner, shall require an amendment of this Agreement. Such amendment shall be limited to those provisions of this Agreement which are implicated by the amendment of the Project Approvals. Any other amendment of the Project Approvals, or any of them, shall not require 151
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amendment of this Agreement unless the amendment of the Project Approval(s) relates specifically to some provision of this Agreement.
9.5. Cancellation by Mutual Consent. Except as otherwise permitted herein, this Agreement may be canceled in whole or in part only by the mutual consent of the parties or their successors in interest, in accordance with the provisions of Section 17.16.160 of the Municipal Code.
10. Annual Review
10.1. Review Date. The first annual review date for this Agreement shall be within twelve (12) months of its execution by all parties hereto, and at least every twelve (12) months thereafter during the Term as required under Section 17.16.160 of the Greenfield Municipal Code.
10.2. Initiation of Review. The City Manager, or his or her designee, shall initiate the annual review, as required under Section 17.16.160 of the Greenfield Municipal Code, by giving to Owner sixty (60) days’ written notice that the City intends to undertake such review. Owner shall provide evidence to the City Manager, or his or her designee, prior to the hearing on the annual review, as and when reasonably determined necessary by the City Manager, or his or her designee, to demonstrate good faith compliance with the provisions of the Agreement. The burden of proof by substantial evidence of compliance is upon the Owner.
10.3. Staff Reports. To the extent practical, the City shall deposit in the mail and email to Owner a copy of all staff reports and related exhibits concerning contract performance at least five (5) days prior to any annual review.
10.4. Costs. Costs reasonably incurred by the City in connection with the annual review shall be paid by Owner in accordance with the City’s schedule of fees in effect at the time of review, or paid as otherwise determined by the City.
11. Default
11.1. Other Remedies Available. Upon the occurrence of an event of default, the parties may pursue all other remedies at law or in equity which are not otherwise provided for in this Agreement or in the City’s regulations governing development agreements, expressly including the remedy of specific performance of this Agreement.
11.2. Notice and Cure. Upon the occurrence of an event of default by either party, the non-defaulting Party shall serve written notice of such default upon the defaulting Party. If the default is not cured by the defaulting Party within sixty (60) days after service of such notice of default, the non-defaulting Party may then commence any legal or equitable action to enforce its rights under this Agreement; provided, however, that if the default cannot be cured within such sixty (60) day period, the non-defaulting Party shall refrain from any such legal or equitable action so long as the defaulting Party begins to cure such default within such sixty (60) day period and diligently pursues such cure to completion.
12. Estoppel Certificate
12.1. Either Party may, at any time, and from time to time, request written notice from the other Party requesting such Party to certify in writing that: (a) this Agreement is in full force 152
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and effect and a binding obligation of the Parties, (b) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, and (c) to the knowledge of the certifying Party, the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, to describe therein the nature and amount of any such defaults. A Party receiving a request hereunder shall execute and return such certificate within thirty (30) days following the receipt thereof, or such longer period as may reasonably be agreed to by the Parties. The City Manager shall be authorized to execute any certificate requested by Owner. Should the Party receiving the request not execute and return such certificate within the applicable period, this shall not be deemed to be a default, provided that such Party shall be deemed to have certified that the statements in clauses (a) through (c) of this section are true, and any Party may rely on such deemed certification.
13. Severability
13.1. The unenforceability, invalidity or illegality of any provisions, covenant, condition or term of this Agreement shall not render the other provisions, covenants, conditions or terms unenforceable, invalid or illegal.
14. Attorneys’ Fees and Costs
14.1. If the City or Owner initiates any action at law or in equity to enforce or interpret the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs in addition to any other relief to which it may otherwise be entitled. If any person or entity not a party to this Agreement initiates an action at law or in equity to challenge the validity of any provision of this Agreement or the Project Approvals, the Parties shall cooperate in defending such action. Owner shall bear its own costs of defense as a real party in interest in any such action, and shall reimburse the City for all reasonable court costs and attorneys’ fees expended by the City in defense of any such action or other proceeding.
15. Transfers and Assignments
15.1. The Owner may transfer, delegate, or assign its or their interest, rights, duties and obligations under this Agreement, whether in whole or in part, without the prior written consent of the City.
16. Agreement Runs with the Land
16.1. All provisions, rights, terms, covenants and obligations contained in this Agreement shall be binding upon the Parties and their respective heirs, successors and assignees, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever. All provisions of this Agreement shall be enforceable as equitable servitude and shall constitute covenants running with the land pursuant to applicable laws, including, but not limited to, Section 1468 of the Civil Code of the State of California. Each covenant to do, or refrain from doing, some act on the Property hereunder, or with respect to any owned property, (a) is for the benefit of such properties and is a burden upon such properties, (b) runs with such properties, and (c) is binding upon each party and each successive owner during its ownership of such properties or any portion thereof, and shall be a benefit to and a burden upon each party and its property hereunder and each other person succeeding to an interest in such properties. 153
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17. Bankruptcy
17.1. The obligations of this Agreement shall not be dischargeable in bankruptcy.
18. Indemnification
18.1. Owner agrees to indemnify, defend with counsel acceptable to City and hold harmless the City, and its elected and appointed councils, boards, commissions, officers, agents, employees and representatives from any and all claims, costs (including legal fees and costs) and liabilities of any kind for any personal injury or property damage which may arise directly or indirectly as a result of any actions or inactions by the Owner, or any actions or inactions of Owner’s contractors, subcontractors, agents or employees in connection with the construction, improvement, operation or maintenance of the Project, except to the extent such costs and liabilities are caused by the sole negligence or willful misconduct of the City.
19. Insurance
19.1. Public Liability and Property Damage Insurance. At the time of the issuance of the Building Permit under this Agreement and until the final Certificate of Occupancy is issued for the last building on the Property, or this Agreement terminates, whichever occurs first, Owner shall maintain in effect a policy of comprehensive general liability insurance with a peroccurrence combined single limit of not less than two-million-dollars ($2,000,000.00) with a twenty-five-thousand-dollar ($25,000) self-insurance retention per claim. The limit requirement above may be met with a combination of general, excess, and/or umbrella liability. The policy so maintained by Owner shall name the City as an additional insured and shall include either a severability of interest clause or cross-liability endorsement.
19.2. Worker’s Compensation Insurance. At the time of the issuance of a Building Permit under this Agreement and until the final Certificate of Occupancy is issued for the last building on the Property, or this Agreement terminates, whichever occurs first, Owner or his agents, shall maintain Worker’s Compensation insurance for all persons employed by Owner for work at the Project site. Owner shall require each contractor and subcontractor similarly to provide Worker’s Compensation insurance for its respective employees. Owner agrees to indemnify the City for any damage resulting from Owner’s failure to maintain any such insurance during the term of this provision.
19.3. Evidence of Insurance. At the time of the issuance of a Building Permit under this Agreement, Owner shall furnish the City satisfactory evidence of the insurance required in Sections 19.1 and 19.2 and evidence that the carrier is required to give the City at least fifteen days prior written notice of the cancellation or reduction in coverage of a policy. The insurance shall extend to the City, its elective and appointive boards, commissions, officers, agents, employees and representatives and to Owner performing work on the Project, as named additional insureds.
20. Notices
20.1. All notices required or provided for under this Agreement shall be in writing.
Notices required to be given to the City shall be addressed as follows:
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30348\003\1713014.8:41823 11
City Manager
City of Greenfield
599 El Camino Real
P.O. Box 127
Greenfield, CA 93927
20.2. Notices required to be given to Owner shall be addressed as follows:
Eduardo and Helia Couttolenc
1054 University Avenue
Salinas, CA 93901
20.3. A Party may change address by giving notice in writing to the other Party and thereafter all notices shall be addressed and transmitted to the new address. Notices shall be deemed given and received upon personal delivery, or if mailed, upon the expiration of 48 hours after being deposited in the United States Mail. Notices may also be given by overnight courier which shall be deemed given the following day or by email transmission which shall be deemed given upon verification of receipt.
21. Agreement is Entire Understanding
21.1. This Agreement constitutes the entire understanding and agreement of the Parties.
22. Exhibits
22.1. The following documents are referred to in this Agreement and are attached hereto and incorporated herein as though set forth in full:
Exhibit A – Legal Description of Property
Exhibit B – Project Site Plan, Elevations, and Project Plans Exhibit C – Applicable Application and Development Fees Exhibit D – Project Specific Zoning and Development Standards
23. Counterparts
23.1. This Agreement may be executed in multiple counterparts, each of which is deemed to be an original and all of which together shall constitute one agreement.
24. Recordation
24.1. The City shall record a copy of this Agreement within ten (10) days following the Effective date.
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the date and year first above written.
CITY OWNER
City of Greenfield EDUARDO AND HELIA COUTTOLENC
FAMILY TRUST
By: By:
Eduardo A. Couttolenc, Trustee
By:
Helia R. Couttolenc, Trustee
Attest:
City Clerk
Approved as to form:
City Attorney
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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 ___________________________________, Notary Public, personally appeared EDUARDO A. COUTTOLENC and HELIA R.
COUTTOLENC, 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.
(Seal)
Signature
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EXHIBIT A
Legal Description of Property
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159
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160
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EXHIBIT B
Project Site Plan, Elevations & Project Plans
(Plan Sheets A0.1; A0.2; A1.1; A2.1; A2.2; A2.3; A2.4; A2.5; A3.1; A3.2; A3.3; A3.4) 161
30348\003\1713014.8:41823 30
EXHIBIT C
DEVELOPMENT APPLICATION FEES
The Owner will pay all applicable City approved Application Fees as of the effective date of this Agreement.
MITIGATION FEES
1. WATER AND SEWER FEES. Owner will pay all applicable City approved water and sewer connection fee at the time of obtaining building permits.
2. OTHER PERMIT AND IMPACT FEES. Owner will pay all applicable City approved development fees and statutory fees at the time of obtaining building permits from the City, including park fees, school fees and inclusionary housing fees, if required.
3. TRAFFIC IMPACT FEES. Owner will pay the City’s approved standard traffic mitigation fees at the time of obtaining building permits.
4. POLICE FACILITIES FEES. Owner will pay the City’s approved standard police fees at the time of obtaining building permits.
5. FIRE MITIGATION FEES. Owner will pay the City’s approved standard fire fees at the time of obtaining building permits.
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Exhibit D
Project Specific Zoning and Development Standards
The applicable base zoning district for the property is Highway Commercial (C-H) City Code Chapter 17.32 (section 17,32,020.C; 17.32.030; 17.32.040; Table 17.32-2) with a Mixed Use Overlay (MUO) City Code Chapter 17.42 (section 17.42.030), which MUO allows an increased residential density in the C-H zoning district with a Development Agreement (section
17.42.030(D)), adopted pursuant to section 17.16.160. The City’s General Plan Goal 21,Policy 2-19 also encourages infill development, which allows the Project to be developed as proposed, and such development is consistent with the General Plan and Zoning, even though the Project includes more residential development than would normally be allowed in the C-H zoning district.
The Project complies with the City zoning code and C-H zoning standards set forth in Chapters:
17.32 (C-H Zoning District), 17.26 (Allowable Land Uses), 17.46 (Accessory Structures), 17.52 (Fences and Walls), 17.54 (Landscaping), 17.55 (Resource Efficiency), 17.56 (Lighting), 17.58 (Parking), 17.60 (Performance Standards), 17.62 (Signs), and 17.63 (Undergrounding of Utilities) of the Greenfield Municipal Code, except as otherwise set forth on the Project plans, attached hereto as Exhibit B and incorporated herein by reference.
The applicable City Zoning Codes as set forth above and as codified by the City through Ordinance 556, passed April 12, 2022, along with the Project Plans described in Exhibit B, attached hereto, constitute the Project Specific Zoning and Development Standards. 163
Draft Mitigated Negative Declaration
The Palmas de Greenfield Project Draft Mitigated Negative Declaration (Draft MND) is available on the City’s webpage in two separate documents: one for the main Draft MND document and the other for the MND appendices. The link to the Draft MND page is:
https://ci.greenfield.ca.us/472/CEQA
Please note that the Draft MND files are large, so they may take a few minutes to download. 1 Attachment 8
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1 DATE: September 21, 2023
AGENDA DATE September 26, 2023
TO: Mayor and Councilmembers
PREPARED BY: Paul Mugan, Community Development Director TITLE: CONSIDERATION OF A RESOLUTION APPROVING A DESIGN REVIEW PERMIT FOR NEXT WAVE PHASE 2 COMMERCIAL
CANNABIS OPERATION AT 689 EL CAMINO REAL
AUTHORITY AND PROCEDURES
The City’s Zoning Code (GMC) requires design review for all commercial development.
The purpose of Design Review is as follows (GMC 17.16.070.A):
The purpose of the design review process is to promote the orderly and harmonious growth of the city, to encourage development in keeping with the desired character of the city; to ensure physical, visual, and functional compatibility between uses; and to help prevent the depreciation of land values by ensuring proper attention is given to site and architectural design.
The appropriate decision-making authority is the City Council, because the project is for a commercial cannabis operation, which has a Regulatory Permit, Conditional Use Permit, and Development Agreement approved by the City Council. Pursuant to GMC
17.14.050, when a proposed project includes permits at both the Planning Commission and City Council levels, final action on all associated permits must be taken by the highest level approving authority. While no changes are required to the previously approved Regulatory Permit, Conditional Use Permit, and Development Agreement for the proposed Phase 2 development, the Development Agreement should be updated as part of its regular review.
Section 17.16.070.E requires that Design Review approval or any modification thereto may be granted only when the Planning Commission, as noted supra, the Greenfield City Council makes each of the below required findings:
City Council Memorandum
599 El Camino Real Greenfield CA 93937 831-674-5591
www.ci.greenfield.ca.us
165
2 (1) Any two-story construction requires notification of the property owners pursuant to Section 17.14.040, “Public Notices,” of this Title;
(2) The proposed project is consistent with the objectives of the general plan, complies with applicable zoning regulations, specific plan provisions, planned unit development provisions, applicable City design guidelines, and improvement standards adopted by the City;
(3) The proposed architecture, site design, and landscape design are suitable for the purposes of the building and the site and will enhance the character of the neighborhood and the community;
(4) The architecture, including the character, scale, and quality of the design, relationship with the site and other buildings, building materials, colors, screening of exterior appurtenances, exterior lighting and signing and similar elements establishes a clear design concept and is compatible with the character of buildings on adjoining and nearby properties;
(5) The proposed project addresses vehicular, bicycle, and pedestrian transportation modes of circulation; and
(6) For specific plans and planned unit development design review application, the proposed project is well integrated with the city’s street network, creates unique neighborhood environments, employs architectural design that fosters sense of community, and contributes to a pedestrian oriented environment.
BACKGROUND AND PROJECT DESCRIPTION
Project Setting
The project site is a 3.18-acre site located at 689 El Camino Real (APN: 109-162-030); see Figure 1 below. The property is zoned Light Industrial with an Industrial Park Overlay. Surrounding properties are also zoned Light Industrial, with primarily industrial uses. There is one residence to the northwest of the project site on an industrially zoned parcel. The nearest residential neighborhood is the single-family residential neighborhood along Orchard and Apricot Streets, approximately 500 ft to the southeast of the site. The recently approved Woodridge Townhomes project on the north side of Orchard St is approximately 450 ft to the east at its nearest point to the proposed project. No schools are within 1000 feet of the project site.
Background
The 689-701 El Camino Real site has an approved Conditional Use Permit, Design Review, and Development Agreement for commercial cannabis operations from 2017.
The associated Regulatory Permit, which was for cultivation and manufacturing operations for Zen Brand/Mazel Tech, was approved on February 27, 2017. The Development Agreement and Conditional Use Permit were approved on June 27, 2017.
A prior Design Review for full build-out of the 689, 699, and 701 El Camino Real 166
3 properties was approved on September 12, 2017, and subsequently expired after the applicant did not proceed through the building permit and construction processes.
Distribution uses were added for this site and other commercial cannabis sites on November 11, 2017, via Resolution No. 2017-86 (Attachment 3).
Figure 1 – Project Location
Starting in 2020, the applicant and property owner refocused efforts at developing the site. The current plan is for a phased development, with the first three phases on the 689 El Camino Real property, and a fourth phase for the 701 El Camino Real Property (see Figure 2, below). The overall, phased development of the 689 and 701 El Camino Real site is largely consistent with the original Design Review and Conditional Use Permit approvals.
A Design Review and Lot Merger for the first phase of development were approved by the City Council on November 9, 2021. The 2021 approval included the renovation of the existing 14,093-sf commercial building for cultivation uses, and in October 2022 a revised Design Review was approved to allow limited manufacturing operations. The Phase 1 work included tenant improvements to the existing building for cultivation, manufacturing, and distribution operations, along with a new parking lot, new landscaping, 1,060 linear feet of decorative wrought iron fencing with security gates along the northeast and southeasterly property lines, and a new 1,400 square feet of 167
4 sidewalk along the El Camino Real frontage. Construction was complete in February 2023, and operations commenced on February 24, 2023.
Figure 2 – Phasing Plan for 689 El Camino Real
The currently requested Design Review is for approval of Phase 2 of the site’s build-out.
The Phase 2 development includes the construction of a new approximately 20,000-sq ft steel building on the southern portion of the project site for additional commercial cannabis cultivation operations.
PROJECT DESCRIPTION
This Design Review is for the second phase of development for Next Wave commercial cannabis operations. The site previously dba Mazel Tech. The project includes construction of a new approximately 20,000-sq ft pre-fabricated, steel building on the southern portion of the project site adjacent to an existing 14,093-sq ft cultivation and manufacturing building, a new paved parking lot with 24 parking spaces including one ADA-compliant space, and additional landscaping including new pathways.
The proposed uses are indoor commercial cannabis cultivation and office space.
Cultivation areas consist of a 1,990-sq ft veg/mother cultivation room, a 292-sq ft clone propagation room, and six flower rooms ranging from 1,925 sq ft to 1,942 sq ft and average 1,939 sq ft for a total floor area of 11,635 sq ft. There will also be two 621-sq ft drying rooms, a 512-sq ft fertilizer and irrigation room, a 388-sq ft vault, a 550-sq ft trim/packaging area, a 198-sq ft break room, a 781-sq ft deliveries room, and a unisex bathroom for the employees. The building would have grey ribbed sheet metal siding, a Phase 1 Development
689 El Camino Real
Future Phase 3 Phase 2
Development
168
5 low-pitched gabled roof with a peak height of 28 ft 6 inches, no windows, two regular doors, and a roll-up door at the delivery areas.
The existing six-ft high wrought-iron perimeter gate stays, and the southern gated entrance fronting El Camino Real would be shifted approximately 100 feet north to align with the southern end of the paved parking area. The driveway apron from which the gate is being relocated would be restored with a new curb, gutter, and sidewalk. New landscaped areas would be added along the front of the property primarily on the east side of the parking lot and in front of the new proposed building. New crushed rock in a tan color would be installed along the south side of the existing building and along the south, west, and north sides of the proposed building.
Employees for both the existing and proposed buildings would park in the paved parking lot in front and to the north of the existing building. Delivery trucks would enter the property off the driveway on the south side of the project site through an existing wrought iron gate at the rear of the proposed building on a crushed gravel base. Odor mitigation/elimination will be achieved with the use of carbon filters in a completely sealed environment.
The construction phase is anticipated to be approximately 12 months, with an average of 10 workers on-site during construction days (7:00 am to 6:00 pm Monday through Saturday). Construction storage and lay-down areas will be within the project site, and gates will be locked at night. During the operational phase, the proposed building will be occupied between 6:00 am and 8:00 pm, with security personnel on-site in the evenings and overnight. Approximately six full-time employees would be present on-site, seven days per week with an additional ten to twelve temporary hires working during the harvesting and trimming stages.
The plan set, which includes the site plan, floor plan, and elevations for the proposed site improvements, is included as Exhibit 2 to the draft City Council Resolution (Attachment 1 of this staff report).
PROJECT ANALYSIS
The proposed Design Review consists of a new ~20,000-sq ft building immediately south of the existing building at 689 El Camino Real (see Figure 1, below). The site is bounded by El Camino Real to the east and Pine Avenue to the north. The project site is zoned Light Industrial (I-L) with an Industrial Park Overlay. Adjacent properties are Light Industrial zoned with the same overlay. There are Professional Office zoned properties and residential properties to the southerly and easterly of El Camino Real.
Conformance with General Plan and Zoning Code
The City’s Light Industrial (I-L) Zoning District allows the cannabis cultivation, manufacturing, and distribution uses on the subject property. This zoning allows indoor cultivation uses proposed for this Phase 2 development. 169
6 Height, Setbacks, and Resource Efficiency
Development standards for the I-L Zoning District are set forth in Section 17.36.050 of the City’s Zoning Code. The I-L Zoning District allows for zero-foot interior side and rear yard setbacks, a height limit of 40 feet for primary structures and 16 feet for accessory structures. The proposed building is 28.5 feet in height and meets these requirements.
Compliance issues with the City’s Resource Efficiency Standards are not anticipated, as current Building Code energy efficiency requirements provide for energy efficient measures. Exterior lighting would be downward directed and energy efficient.
Fire Sprinklers
The new building would require installation of a fire sprinkler system. Compliance with this requirement will be confirmed as part of the building plan check process.
Parking, Landscaping, and Circulation
The site proposes a total of 24 parking spaces onsite in a new paved parking lot in front and to the north of the existing building. This meets the required number of parking for the proposed cultivation, manufacturing, and office uses for both the existing and proposed buildings. 24 parking spaces are required, and 24 parking spaces are proposed.
New landscaping would be planted and maintained between the buildings and the existing El Camino Real frontage and along the expanded parking lot perimeter. Three vehicular accesses are currently existing, and the southern access along El Camino Real would be moved approximately 100 feet north of its existing location to provide improved circulation into the proposed parking lot. During the construction phase, additional open areas within the project site would be available for construction workers and for material holding areas. During the operations phase, approximately six additional staff would be required for the Phase 2 operations, or a total of 10 to 12 employees on-site for the combined operations of the existing and proposed buildings.
All staff would utilize the proposed 24-space parking lot. The project is not anticipated to result in parking issues or major disruption to traffic flow on El Camino Real or the surrounding roadway network.
Signage
No new signage has been proposed as part of this project. Should signage be proposed, staff will review for compliance with the Zoning Code signage standards and the sign development standards in Chapter 5.28.
PLANNING COMMISSION REVIEW
The Planning Commission reviewed the Phase 2 development on September 5, 2023, and on a 5-0 vote, adopted a resolution recommending that the City Council approve the proposed Design Review.
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7 FISCAL IMPACT
The cost of reviewing the Phase 2 Design Review proposal is the responsibility of the applicant. There is no impact to the City’s General Plan for the review of the project.
Should the project be approved by the City Council, there would be additional tax revenues anticipated once the Phase 2 operations had commenced. The Phase 2 development would contribute approximately 12,000 sq ft of new commercial cannabis cultivation floor area to the existing ~6,000 sq ft of cultivation floor area. The combined cultivation floor area for Phases 1 and 2 would trigger the City’s cap for small cultivation operations but would increase the cultivation-related taxes due to the City from approximately $90,000/year to $120,000/year.
CEQA
A programmatic Mitigated Negative Declaration (MND) was prepared in 2017 for several of the original commercial cannabis developments in Greenfield, including the original development proposed for the 689, 699, and 701 ECR combined site. Given that this project is a partial buildout of that prior-reviewed project, the 2017 MND suffices for the environmental review, and no subsequent CEQA analysis is required.
RECOMMENDATION
It is recommended that the City Council approve the Design Review Permit for the proposed Phase 2 development. The resolution includes as Exhibit 2 conditions of approval to address potential issues identified by staff and the City’s Interdepartmental Review Team.
ALTERNATIVES
1. Deny the proposed Design Review. A denial should be based on specific findings of inconsistency with State law, the General Plan, Zoning Regulations and/or other pertinent City standards.
2. Approve the Design Review with revisions and/or additions or revisions to the project’s conditions of approval.
PROPOSED MOTION
I MOVE THAT THE CITY COUNCIL OF THE CITY OF GREENFIELD ADOPT RESOLUTION NO. 2023-121 APPROVING A DESIGN REVIEW PERMIT FOR THE NEXT WAVE PHASE 2 IMPROVEMENTS AT 689 EL CAMINO REAL.
ATTACHMENTS
1. Resolution No. 2023-121, including:
Exhibit A: Conditions of Approval
Exhibit B: Project Plan Set
2. 2017 Design Review Plan Set
3. Resolution No. 2017-86
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1 RESOLUTION NO. 2023-121
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GREENFIELD APPROVING A DESIGN REVIEW FOR THE NEXT WAVE PHASE 2
COMMERCIAL CANNABIS DEVELOPMENT AT 689 EL CAMINO REAL;
APN: 109-162-030
PERMIT #: PLN 23034
WHEREAS, in February. June, and September of 2017, the City Council approved various entitlements for construction and operation of a commercial cannabis facility at 689, 699, and 701 El Camino Real in the City of Greenfield, with such entitlements including a Regulatory Permit for commercial cannabis operations, a Conditional Use Permit, a Development Agreement with Zen Brand/Mazel Tech, and a Design Review; and WHEREAS, Section 17.16.070 of the City of Greenfield Zoning Code requires Design Review for all non-residential development, including industrial development; and WHEREAS, a programmatic Initial Study/Mitigated Negative Declaration was prepared for the development of the site and a Mitigated Negative Declaration adopted by the City Council in June 2017, as the requisite environmental review pursuant to the California Environmental Quality Act (CEQA); and
WHEREAS, the City Council approved commercial cannabis operations at the 689- 701 El Camino Real site in June 2017, which the approved operations including cultivation, manufacturing, and distribution, and with such operations having been issued the requisite Regulatory Permits on May 1, 2018, which allowed the commencement of manufacturing and distribution operations on the project site; and
WHEREAS, after the first year of limited operations, the Regulatory Permit lapsed, and operations ceased; and
WHEREAS, an application filed by Next Wave, a new business entity that includes the same principals as Mazel Tech and Flash Management, for Design Review and a lot merger for the first phase of development of the previously-approved commercial cannabis cultivation operation was approved in November 9, 2021, and subsequently a revised Design Review for the Phase 1 operations was approved on October 25, 2022; and WHEREAS, an application for Design Review for the construction of a new ~20,000-sq ft building to the south of the existing building at 689 El Camino Real was filed in July 2023 by Next Wave; and
WHEREAS, by operation of Section 17.10.050 of the City of Greenfield Zoning Code, the City Council is the designated approving authority for Design Review of the proposed expanded commercial cannabis cultivation facilities, after review and recommendation of the Planning Commission; and
WHEREAS, the current Design Review application is for additional commercial cannabis cultivation facilities on an existing, permitted commercial cannabis facility site for cultivation, manufacturing, and distribution operations, which fall within the category of industrial development; and
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2 WHEREAS, the application for the Phase 2 Design Review was reviewed by City staff including the Community Development Director, who recommends approval of the design review; and
WHEREAS, the Phase 2 Design Review request was considered by the Planning Commission at a duly-noticed public hearing on September 5, 2023, with the Planning Commission on a 5-0 vote, recommending that the City Council approve the proposed Design Review permit; and
WHEREAS, the City Council shall grant Design Review approval only after making certain designated findings as set forth in Section 17.16.070 of the City of Greenfield Zoning Code, and that the Planning Commission has considered these findings as part of the Commission’s recommendation;
NOW, THEREFORE, BE IT HEREBY RESOLVED, that the City Council of the City of Greenfield has considered all written and verbal evidence regarding this Design Review application at the public hearing and has made the following findings pursuant to Section
17.16.070 regarding the proposed development:
1. FINDING: That the proposed development is consistent with the objectives of the general plan, complies with applicable zoning regulations, specific plan provisions, planned unit development provisions, applicable city design guidelines, and improvement standards adopted by the City.
EVIDENCE:
a. The proposed site is designated by the general plan for light industrial uses and is in the I-L, Light Industrial zoning district. Light industrial uses of the type proposed are allowed uses in these general plan and zoning code districts. b. Chapter 5.28 of the municipal code and the land use table of Chapter 17.26 of the zoning code specify that cannabis cultivation, distribution, and manufacturing facilities are allowed uses in the I-L, Light Industrial zoning district. c. The proposal to include additional cannabis cultivation operations for an existing, permitted commercial cannabis operation would be consistent with prior Planning permit approvals for the project site.
d. The proposed project is consistent with general plan policies that call for the recruitment of businesses, industries, and other employers whose operations are consistent with long-term economic development goals of the City; the proposed project provides new jobs to further the City’s jobs to housing goals; the proposed project supports an important existing industry in the City that provides a greater diversity of the type of industrial development and employment opportunities available in the community. It will also provide a significant source of revenue to the City that will continue to enable the City to provide services and benefits to the community that are otherwise challenging to provide because of budget limitations and insufficient revenues.
e. The general plan encourages development of commercial and industrial uses that are consistent with the scale and character of surrounding land uses. The proposed project is for the second phase of full build-out of the project site with the build-out previously approved by the City Council. The proposed scale and intensity of the development are appropriate for a light industrial development and are similar to nearby industrial and commercial cannabis cultivation and manufacturing facilities. 173
3 f. Continued light industrial development at this location will support the vitality of the City’s north light industrial district and further light-industrial development along and adjacent to the El Camino Real light-industrial corridor. g. The preliminary site plans and building drawings for the proposed project conform to the zoning code requirements and commercial development standards for the light industrial zoning district and Industrial Park Overlay relating to minimum lot size and building coverage, building and site setback, building height, fences and walls, landscaping, lighting, parking, signage, and aesthetics.
2. FINDING: That the proposed architecture, site design, and landscape design are suitable for the purposes of the building and the site and will enhance the character of the neighborhood and the community.
EVIDENCE:
a. The proposed architecture for the project site is consistent with the design of contemporary light industrial facilities in the industrial park overlay (IPO) zoning district.
b. The proposed design and its use of color and material is reflective of the higher attention to design required for facilities in the industrial park overlay (IPO) zoning district.
c. The site design is in conformity with the requirements of the zoning code and is an appropriate site layout for a commercial cannabis cultivation, manufacturing, and distribution facility.
3. FINDING: That the architecture, including the character, scale and quality of the design, relationship with the site and other buildings, building materials, colors, screening of exterior appurtenances, exterior lighting and signing and similar elements establishes a clear design concept and is compatible with the character of buildings on adjoining and nearby properties.
EVIDENCE:
a. The proposed architectural design for the site improvements adheres to a clear design concept appropriate for light industrial facilities.
b. The existing building’s appearance will be improved, and additional landscaping, new fencing, and a parking lot will improve the aesthetics of the site. c. Exterior lighting and signage will be appropriate for the type and scale of the proposed light industrial development and the signage requirements of chapter 5.28 of the municipal code.
4. FINDING: That the proposed project addresses vehicular, bicycle, and pedestrian transportation modes of circulation.
EVIDENCE:
a. The proposed project continues to provide on-site parking for employees, and a condition of approval has been added to incorporate bicycle parking facilities, in compliance with the parking requirements of the City’s Zoning Code. b. A public sidewalk is included along the project site’s El Camino Real frontage, thereby providing safe and convenient pedestrian access from the City’s existing sidewalk system.
c. Primary vehicle access is from El Camino Real.
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4 5. FINDING: That the prior Initial Study/Mitigated Negative Declaration for the initial development of the commercial cannabis facility on the project site, adopted in June 2017, provides the requisite environmental review for the proposed site improvements for the Phase 2 development, such that no further CEQA review is required.
EVIDENCE:
The construction of buildings for indoor cultivation at the area of the project site for the Phase 2 development was previously included in the MND prepared for the commercial cannabis facilities in Greenfield, including the 689, 699, and 701 El Camino Real site.
Commercial cannabis operations at the site were analyzed in the MND, and the proposed Phase 2 operations do not involve hazardous substances, nor do they introduce new hazards or hazardous conditions. The commercial cannabis cultivation processes would comply with all applicable City and State requirements, including those of the City’s Building and Fire Codes.
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Greenfield approves the Design Review application in accordance with the requirements of Sections 17.16.070 of the City of Greenfield Municipal Code, subject to the conditions of approval incorporated into Exhibit A of the Resolution.
PASSED AND ADOPTED by the City Council of the City of Greenfield, at a regularly scheduled meeting held on the 26th day of September 2023, by the following vote:
AYES, and all in favor, therefore, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers
____________________________________
Robert White, Mayor
Attest
____________________________________
Ann F. Rathbun, City Clerk
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Planning Commission Reso. No. 2023-18
Exhibit A - Conditions of Approval
COA Number Condition of Approval (COA)/Mitigation Measure Party Responsible for Compliance Timing Verification of Compliance (Initials/Date)
1 The project applicant shall comply with all provisions of the approved Design Review Permit and all pertinent provisions of the Municipal Code. No work shall commence on the subject property until issuance of the associated Building Permit, unless otherwise approved by the City Engineer and Building Official.
Applicant/owner, contractors,
operators
Throughout entirety of project
2 The use shall be conducted in compliance with all appropriate Local, State, and Federal laws and regulations, and in conformance with the approved plans.
Applicant/owner, contractors,
operators
Throughout entirety of project
3 The issuance of a permit or approval of plans and specifications shall not be construed as a permit or an approval of any work that violates the Greenfield Municipal Code. Applicant/owner/developer Throughout entirety of project 4 Modifications to the project or to the conditions imposed may be considered in accordance with the City Zoning Ordinance. All revisions shall be submitted to the Building Division prior to field changes and are to be clouded or otherwise identified on the plans submitted with the request for modification.
Applicant/owner/developer Throughout entirety of project 5 Minor plan changes shall be subject to review and approval by the Community Development Director and/or City Engineer as appropriate, prior to implementation. Major plan changes may also require review and approval of the Planning Commission and/or City Council. The Community Development Director shall determine whether review and approval by the Planning Commission and/or City Council is required.
Applicant/owner, contractors,
operators
Throughout entirety of project
6 This Design Review Permit is for the following project description:
The project is the second phase of development for the Next Wave commercial cannabis operations (previously dba Mazel Tech). The project site is a 3.18-acre site at 689 El Camino Real (APN: 109-162-030. The project includes construction of a new approximately 20,000-sq ft pre-fabricated, steel building on the southern portion of the project site adjacent to an existing 14,093-sf building, a new paved parking lot with 24 parking spaces including one ADAcompliant space, and additional landscaping including new pathways. The proposed uses are indoor commercial cannabis cultivation and office space. Cultivation areas consist of a 1,990-sq ft veg/mother cultivation room, a 292-sq ft clone propagation room, and six flower cultivation rooms that range from 1,925 sq ft to 1,942 sq ft for a total floor area of 11,635 sq ft. There will also be two 621-sq ft drying rooms, a 512-sq ft fertilizer and irrigation room, a 388-sq ft vault, a 550-sq ft trim/packaging area, a 198-sq ft break room, a 781-sq ft deliveries room, and a unisex bathroom for the employees. The building would have grey ribbed sheet metal siding, a low-pitched gabled roof with a peak height of 28 ft 6 in, no windows, two regular doors, and a roll-up door at the deliveries area.
The existing 6-ft high wrought-iron perimeter gate would remain, and the southern gated entrance fronting El Camino Real would be shifted approximately 100 feet north to align with the southern end of the paved parking area. The driveway apron from which the gate is being relocated would be restored with a new curb, gutter, and sidewalk. New landscaped areas would be added along the front of the property primarily on the east side of the parking lot and in front of the new proposed building. New crushed rock in a tan color would be installed along the south side of the existing building and along the south, west, and north sides of the proposed building.
Employees for both the existing and proposed buildings would park in the paved parking lot in front and to the north of the existing building. Delivery trucks would enter the property off the driveway on the south side of the project site through an existing wrought iron gate to the rear of the proposed building on a crushed gravel base. Odor mitigation/elimination will be achieved with the use of carbon filters in a completely sealed environment. The construction phase is anticipated to be approximately 12 months, with an average of 10 workers on-site during construction days (7:00 am to 6:00 pm Monday through Saturday). Construction storage and lay-down areas will be within the project site, and gates will be locked at night. During the operational phase, the building will be occupied between 6:00 am and 8:00 pm, with six regular employees and an additional ten to twelve temporary hires during harvesting and trimming stages and security personnel on-site in the evenings.
Applicant/owner/developer Throughout entirety of project 7 For the operational phase, the hours of operation shall be from 6 am to 8 pm, Monday through Saturday. A small number of employees would be needed on-site on Sundays, including for security purposes. Applicant/owner/developer Throughout entirety of project
GENERAL
AUTHORIZED DEVELOPMENT
176
Planning Commission Reso. No. 2023-18
Exhibit A - Conditions of Approval
COA Number Condition of Approval (COA)/Mitigation Measure Party Responsible for Compliance Timing Verification of Compliance (Initials/Date)
8 The Design Review Permit shall expire three years from the date of final approval, or on September 26, 2026, and become null and void, unless exercised through the issuance of the associated Building Permit(s). N/A N/A 9 The project applicant shall pay all applicable fees, to be calculated using the fee scale in place at the time of application for a Building Permit, including impact fees for fire, regional transportation agency and schools for each lot or parcel as it is developed. Fees due prior to issuance of the Building Permit include any balance due for processing of the Planning permit and all plan-check related fees. Prior to issuance of a Certificate of Occupancy, all other required impact fees including but not limited to sewer, water, traffic, general facilities, community center and police impact fees shall be paid.
Applicant/owner/developer Prior to issuance of grading and building permits
10 The Building Permit submittal set shall include on one or more full size sheets these conditions of approval and shall reference the associated approving resolution number and date.
Applicant/owner, contractors,
operators
Prior to issuance of grading and
building permits and throughout
entirety of project
11 The Building Permit submittal set shall include the detail of the approved exterior lighting fixtures. In addition, these fixtures shall be depicted on the floor plan sheets for the architectural set and electrical set, as well as on the architectural elevations
Applicant/owner/developer Prior to issuance of grading and building permits
12 A final landscape plan shall be included with the Building Permit submittal. The final landscape plan shall meet all requirements for final landscape plans as set forth in Chapter 17.54 of the City Municipal Code and shall include the necessary documentation for compliance with the City’s Model Water Efficiency Ordinance.
Applicant/owner, contractors,
operators
Prior to issuance of grading and
building permits
13 Prior to issuance of Building Permits, a construction-phase traffic control plan shall be submitted to City Public Works staff for review and approval. Applicant/owner/developer Prior to issuance of grading and building permits 14 Prior to issuance of Building Permits, the construction plan set shall indicate the location and number of bicycle parking facilities, in compliance with the parking requirements of the City’s Zoning Code Applicant/owner, contractors,
operators
Prior to issuance of grading and
building permits and during
construction, prior to final
inspection
PRIOR TO THE ISSUANCE OF GRADING AND BUILDING PERMITS
177
Planning Commission Reso. No. 2023-18
Exhibit A - Conditions of Approval
COA Number Condition of Approval (COA)/Mitigation Measure Party Responsible for Compliance Timing Verification of Compliance (Initials/Date)
15 For the proposed building, the City requires an automatic fire sprinkler system that is in accordance with 2022 California Fire Code as amended. The system shall meet the requirements of NFPA-13 for an Ordinary Hazard Group 2. Prior to issuance of Building Permits, the project applicant shall include on the pertinent plan sheets in the plan set the requisite fire sprinkler system(s).
Applicant/owner/developer Prior to issuance of grading and building permits
16 A fire alarm system providing complete occupant notification shall be installed in all structures in accordance with §907 of the Fire Code and NFPA 72. (Greenfield City Fire Code §901.11.3.2 Fire Alarm Systems). Prior to issuance of Building Permits, the pertinent sheets in the plan set shall reflect this requirement.
Applicant/owner/developer Prior to issuance of grading and building permits
17 On-site storm water detention facilities shall be designed, constructed, and maintained in accordance with City regulations, subject to the final review and approval of the City Engineer or Building Official. If storm water detention/percolation facilities are not constructed at the beginning of the project construction process, temporary storm water detention facilities shall be implemented to collect runoff and sediment during the grading and construction on site.
Applicant/owner/developer Prior to issuance of grading and building permits
18 The construction plans shall be revised to address the comments in the 8/24/2023 review memo from the Building Official, with respect to the noted occupant loads, the need for a separate bathroom, and exit requirements.
Applicant/owner/developer Prior to issuance of grading and building permits
19 A note shall be placed on the plans stating that all utilities shall be placed underground and any associated easements for utilities shown on the appropriate civil sheets in the construction plan set. Any above ground appurtenant equipment shall be screened to the extent possible from public view through discreet placement and landscaping or fencing.
Applicant/owner/developer Prior to issuance of grading and building permits
20 While a prior comment from the Public Works Director noted that a 10-ft wide sidewalk shall be provided along the El Camino Real frontage within the El Camino Real right-of-way, City staff intends to bring a Circulation Element amendment for this northern portion of El Camino Real that would revise the required sidewalk width to 6 feet with a 4-ft wide landscaped planter, which is currently depicted in the project plan set. Should the City not amend the Circulation Element by the end of 2028, the property owner shall submit an Encroachment Permit application showing the 10-foot wide sidewalk for review and approval by the Public Works Director, and shall complete the new frontage improvements by September 30, 2029.
Applicant/owner/developer Prior to issuance of grading and building permits
21 On-site storm water detention facilities shall be designed, constructed, and maintained in accordance with City regulations, subject to the final review and approval of the City Engineer or Building Official. If storm water detention/percolation facilities are not constructed at the beginning of the project construction process, temporary storm water detention facilities shall be implemented to collect runoff and sediment during the grading and construction on site.
Applicant/owner/developer Prior to issuance of grading and building permits
22 All plans and specifications for public works improvements shall be approved by the City Engineer prior to the issuance of a building permit, the construction of said improvements shall be in accordance with the City Specifications and shall be inspected by the Director of Public Works or his authorized agent.
Applicant/owner/developer Prior to issuance of grading and building permits
23 Fire hydrants shall be provided by the project applicant at locations within the project area to be approved by the Fire Chief and the City Engineer, and shown on the construction plans. Applicant/owner/developer Prior to issuance of grading and building permits 24 If required by the City, a Lighting and Landscape Maintenance District (LLMD) shall be created by the project applicant, subject to approval by the City Attorney and City Engineer. All costs associated with the creation of the LLMD by the City shall be the responsibility of the project applicant. The LLMD shall include an escalation clause to address increases in the future cost of maintenance and replacement. The LLMD shall address maintenance and operation of all public landscaping and irrigation improvements and street lighting of a local nature in public right of ways, parks, and open space; maintenance of sound walls and community fences; and metering and irrigation for all landscaping strips between the sidewalk and street and open space/park; and other maintenance items as may be required by the Public Works Director or City Engineer. The project applicant shall be responsible for maintaining the items included within the LLMD during the applicable warranty period(s).
Applicant/owner/developer Prior to issuance of grading and building permits
178
Planning Commission Reso. No. 2023-18
Exhibit A - Conditions of Approval
COA Number Condition of Approval (COA)/Mitigation Measure Party Responsible for Compliance Timing Verification of Compliance (Initials/Date)
25 If required by the City, a Street and Drainage Maintenance District (SDMD) shall be created by the project applicant, subject to approval by the City Attorney and City Engineer. All costs associated with the creation of the SDMD by the City shall be the responsibility of the project applicant. The SDMD shall include an escalation clause to address increases in the future cost of maintenance and replacement. The SDMD shall address the maintenance and operations of streets, roads and highways; the maintenance and operation of drainage and flood control facilities and detention basins; and other maintenance and operation items as may be required by the Public Works Director or City Engineer. The project applicant shall be responsible for maintaining the items included within the SDMD during the applicable warranty period(s).
Applicant/owner/developer Prior to issuance of grading and building permits
26 No work shall commence on the subject property until required improvement plans and performance bonds have been submitted to the City and appropriate grading, building or other permits have been issued. Applicant/owner/developer Prior to issuance of grading and building permits 27 The project applicant shall prepare a Public Works Improvement Plan to be approved by the Public Works Director and City Engineer. The Plan shall include all required on- and off-site public improvements including, but not limited to the water system, sanitary sewer system, storm water drainage system including a detention basin (if required), street improvements and other utilities, fire hydrants, street lights, parking lot lights, street landscaping, and project fencing
Applicant/owner/developer Prior to issuance of grading and building permits
28 Provide recorded documentation of the stated driveway access easement in the South side of the property. Applicant/owner/developer Prior to issuance of grading and building permits 29 A detailed soils report shall be prepared by a qualified soils engineer and the recommendations of the engineer, as contained in the report, shall be followed for site preparation, grading, foundation support and structural loading designs so that all future site development designs shall be able to withstand earthquake ground movement as required by the most recent edition of the California Building Code (CBC) consistent with the location of the project in relation to known earthquake faults. All excavated and graded material shall be sufficiently watered, using non-potable water when logistically possible, to prevent excessive dust Applicant/owner/developer Prior to issuance of grading and building permits
30 Site grading and any required storm water detention basin shall be constructed in accordance with the approved improvement plan to collect runoff and sediment during the grading and construction on site. Applicant/owner/developer Prior to issuance of grading and
building permits; during
construction
31 The project applicant shall prepare a Waste Management Recycling, Material Recovery, and Diversion Program for review and approval by the Public Works Director and City Engineer. The program shall include all elements and requirements of chapter 15.24 “Deconstruction, Demolition and Construction Material Recovery and Diversion from Landfills” of the City of Greenfield Municipal Code. Except for self-haul, all material hauling shall be by Tri-Cities Disposal, the exclusive franchisee for waste and recycling hauling in the City of Greenfield.
Applicant/owner/developer
Prior to issuance of grading and
building permits; during
construction
32 The project applicant shall prepare an Erosion and Sediment Control Plan for review and approval by the Public Works Director and City Engineer. The Plan shall include appropriate site-specific construction site Best Management Practices (BMPs); the rationale used for selecting BMPs including supporting soil loss calculations, if necessary; features and facilities to ensure runoff is treated before leaving the site and an evaluation of the feasibility of storage for later use; list applicable permits directly associated with the grading activity including, but not limited to, any permits required by the State Water Board, U.S. Army Corps of Engineers, and California Department of Fish and Game along with documentation that the required permits have been obtained prior to commencing any grading activity; and drawings and specifications necessary to implement the Plan.
Applicant/owner/developer
Prior to issuance of grading and
building permits; during
construction
179
Planning Commission Reso. No. 2023-18
Exhibit A - Conditions of Approval
COA Number Condition of Approval (COA)/Mitigation Measure Party Responsible for Compliance Timing Verification of Compliance (Initials/Date)
33 Construction activities shall be limited to daylight hours between 7:00 a.m. and 6:00 p.m. excluding Sundays and holidays. The developer may request in writing from the Community Development Director or Public Works Director, as applicable, authorization for construction activities on other than weekdays. If any extremely loud noises (noises which exceed the NUC General Performance Standards for noise, section 17.60.030 of the City Municipal Code) are to occur and are known beforehand (i.e., continuous drilling and/or large earthmoving) 24- hour notice shall be given to all neighbors within 500 feet of the project site, as well as posting a notice on site.
Contractor(s), developer(s),
owner/builder(s)
During Construction and Prior to
Final Inspection
34 The project applicant shall obtain an Encroachment Permit from the Public Works Department for all work constructed in the public right-of-way. This permit shall be obtained prior to commencement of any work in the public right-of-way.
Contractor(s), developer(s),
owner/builder(s)
During Construction and Prior to
Final Inspection
35 No person shall place or maintain a container in the public right-of way without an Encroachment Permit. Contractor(s), developer(s), owner/builder(s)
During Construction and Prior to
Final Inspection
36 Trash, scrap, and debris shall be stored in a container(s) on the construction site. Bins shall be provided by the contractor if self-haul, otherwise by the exclusive trash, scrap, and debris hauler franchisee in the City of Greenfield.
Contractor(s), developer(s),
owner/builder(s)
During Construction and Prior to
Final Inspection
37 No person shall place, install, or maintain a portable sanitary facility on a construction site closer to the property line than the building setback line.
Contractor(s), developer(s),
owner/builder(s)
During Construction and Prior to
Final Inspection
38 All rubbish and dead vegetation shall be removed from the site prior to final inspection by the Building Official. Contractor(s), developer(s), owner/builder(s)
During Construction and Prior to
Final Inspection
39 The project applicant shall post a publicly visible sign that specifies the telephone number and person to contact regarding dust and other construction related complaints. This person shall respond to complaints and take corrective action within 48 hours. The phone number of the Monterey Bay Unified Air Pollution Control District shall be visible to ensure compliance with Rule 402 (Nuisance).
Contractor(s), developer(s),
owner/builder(s)
During Construction and Prior to
Final Inspection
40 The site shall be properly maintained during construction, or a Stop-Work Order will be issued by the Building Official (i.e., refuse shall be discarded promptly, construction materials shall be neatly stored, and the public right-of-way shall not be encroached upon).
Contractor(s), developer(s),
owner/builder(s)
During Construction and Prior to
Final Inspection
41 All fixtures and appliances shall be water conserving and low-flow, subject to the approval of the Building Official and consistent with the City’s water conservation ordinance and regulations of the State Water Resources Control Board. Toilets shall have maximum water usage of 1.6 gallons per flush. Showers shall consume a maximum of 2.5 gallons per minute.
Contractor(s), developer(s),
owner/builder(s)
During Construction and Prior to
Final Inspection
42 The City may temporarily prohibit or restrict stopping, parking or standing of vehicles along a street abutting a construction project where necessary for public safety. Any such parking restriction shall not be effective until the City places a sign(s) or marking(s) at the site. Any such parking restriction shall be limited to the duration of the project.
Contractor(s), developer(s),
owner/builder(s)
During Construction and Prior to
Final Inspection
43 The City may designate a truck route for ingress and egress from the property during the term of the building permit to minimize the impact of the construction such as noise, dust, traffic safety hazards and potential damage to pavement on a residential street; provided designation of the truck route will not unreasonably impair the contractor's access to the site or cause undue economic hardship.
Contractor(s), developer(s),
owner/builder(s)
During Construction and Prior to
Final Inspection
DURING CONSTRUCTION AND PRIOR TO FINAL BUILDING INSPECTION
180
Planning Commission Reso. No. 2023-18
Exhibit A - Conditions of Approval
COA Number Condition of Approval (COA)/Mitigation Measure Party Responsible for Compliance Timing Verification of Compliance (Initials/Date)
44 Construction sites within the entire project area shall be watered each day during construction and all unpaved roads shall be watered twice a day during grading activities to minimize the generation of fugitive dust. In addition, travel on unpaved roads in the construction area shall be limited to 15 miles per hour or less. All stationary and mobile construction equipment shall be properly maintained to minimize exhaust during construction.
Contractor(s), developer(s),
owner/builder(s)
During Construction and Prior to
Final Inspection
45 Damage to public roads caused by construction of applicant's project shall be repaired to the satisfaction of the Public Works Department at the applicant's expense prior to final building inspection. The project applicant shall post a bond to secure payment for damage to a city street caused by construction activity in connection with work authorized by the permit.
Contractor(s), developer(s),
owner/builder(s)
During Construction and Prior to
Final Inspection
46 The project applicant may not place, maintain or operate steel-tracked grading or construction equipment with cleats on a public or private street without placing protective material beneath the equipment to protect the surface of the street.
Contractor(s), developer(s),
owner/builder(s)
During Construction and Prior to
Final Inspection
47 For new construction, the City shall require the applicant for a building or grading permit to rehabilitate the street pavement along the frontage of the property from the edge of the street to the center of the right-of-way.
Contractor(s), developer(s),
owner/builder(s)
During Construction and Prior to
Final Inspection
48 The project applicant shall be responsible for designing, constructing, and paying for all off-site utility, roadway, and storm water system improvements necessary to provide required services to the project.
All utility and infrastructure improvements will be designed and constructed in conformance with City Standards.
Contractor(s), developer(s),
owner/builder(s)
During Construction and Prior to
Final Inspection
49 All public improvements including the installation of landscaping, construction of storm water detention basins, installation of street improvements, installation of utilities, and installation of fencing shall be completed to the satisfaction of the Public Works Director and City Engineer. The project applicant shall be responsible for maintaining such public improvements until accepted by the City.
Contractor(s), developer(s),
owner/builder(s)
During Construction and Prior to
Final Inspection
50 Installation and testing of the sewer lines, water systems and fire hydrants must be conducted in accordance with AWWA and standard specifications.
Contractor(s), developer(s),
owner/builder(s)
During Construction and Prior to
Final Inspection
51 All grading within the boundaries of the project area shall be done under the direction and supervision of a soils engineer. Upon completion of all grading, a final soils report shall be submitted to the Public Works Department by the soils engineer. The report shall include locations and elevations of field density tests, summaries of field and laboratory tests, and any other substantiating data developed by the soils engineer.
Contractor(s), developer(s),
owner/builder(s)
During Construction and Prior to
Final Inspection
52 The project applicant shall prepare a Post-Construction Stormwater Management Plan in accordance with the requirements of the Regional Water Quality Control Board, Central Coast Region, Resolution No. R2-2013-0032. The Plan shall be reviewed and approved by the Public Works Director and City Engineer. The City’s standard Agreement for Maintenance of Storm Water Facilities shall be executed with the City and recorded with the Monterey County Recorder’s Office.
Contractor(s), developer(s),
owner/builder(s)
During Construction and Prior to
Final Inspection
53 Ensure that a Knox Box is installed and equipped with a set of keys that enables the Fire Department to access all areas of the building. An existing Knox Box located on another building will be sufficient but keys to the proposed building shall be added to the existing key set.
Contractor(s), developer(s),
owner/builder(s)
During Construction and Prior to
Final Inspection
54 If, during construction, cultural, archaeological, historical, or paleontological resources are uncovered at the site (surface or subsurface resources), work shall be halted immediately within 50 meters (165 feet) of the find until a qualified professional archaeologist can evaluate it. The Community Development Director or Public Works Director, as appropriate, and a qualified archaeologist (i.e., an archaeologist registered with the Society of Professional Archaeologists) shall be immediately contacted by the responsible individual present on-site. When contacted, the archaeologist shall immediately visit the site to determine the extent of the resources and to develop proper mitigation measures required for the discovery, prior to the City authorizing the resumption of grading activities.
Contractor(s), developer(s),
owner/builder(s)
During Construction and Prior to
Final Inspection