Guadalupe City Council
October 25, 2022

October 25, 2022 City of Guadalupe Council Meeting Agenda Page 1 of 5 City of Guadalupe
AGENDA
Regular Meeting of the Guadalupe City Council
Tuesday, October 25, 2022, at 6:00 pm
City Hall, 918 Obispo Street, Council Chambers
The City Council meeting will broadcast live on Charter Spectrum Cable Channel 20 and live streamed on the City of Guadalupe’s Official YouTube channel:
https://www.youtube.com/channel/UCaxeHWd9JkmvKnGFU8BAYQQ If you choose not to attend the City Council meeting but wish to make a comment during Community Participation Forum or on a specific agenda item, please submit via email to [email protected] no later than 2:00 pm on Tuesday, October 25, 2022.

Please be advised that, pursuant to State Law, any member of the public may address the City Council concerning any item on the Agenda, before or during Council consideration of that item. If you wish to speak on any item on the agenda, including any item on the Consent Calendar or the Ceremonial Calendar, please submit a speaker request form for that item. If you wish to speak on a matter that is not on the agenda, please do so during the Community Participation Forum.

The Agenda and related Staff reports are available on the City’s website: www.ci.guadalupe.ca.us Friday before Council meeting.

Any documents produced by the City and distributed to a majority of the City Council regarding any item on this agenda will be made available the Friday before Council meetings at the Administration Office at City Hall 918 Obispo Street, Monday through Friday between 8:00 am and 4:30 pm, and also posted 72 hours prior to the meeting. The City may charge customary photocopying charges for copies of such documents. Any documents distributed to a majority of the City Council regarding any item on this agenda less than 72 hours before the meeting will be made available for inspection at the meeting and will be posted on the City’s website and made available for inspection the day after the meeting at the Administrator Office at City Hall 918 Obispo Street, Monday through Friday between 8:00 am and 4:30 pm.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, including review of the Agenda and related documents, please contact the Administration Office at (805) 356.3891 at least 72 hours prior to the meeting. This will allow time for the City to make reasonable arrangements to ensure accessibility to the meeting.

1. ROLL CALL:

Council Member Liliana Cardenas
Council Member Gilbert Robles
Council Member Eugene Costa Jr.

Mayor Pro Tempore Tony Ramirez
Mayor Ariston Julian
October 25, 2022 City of Guadalupe Council Meeting Agenda Page 2 of 5

2. PLEDGE OF ALLEGIANCE

3. AGENDA REVIEW
At this time the City Council will review the order of business to be conducted and receive requests for, or make announcements regarding, any change(s) in the order of business.

4. CEREMONIAL CALENDAR
• Certificate of Completion – Public Safety Intern Program o Gabriel Matsuura
o Eric Vera
o Luis Ramos Jr.
• Certificate of Appreciation
o Engineer Jacob Nuno

5. COMMUNITY PARTICIPATION FORUM
Each person will be limited to a discussion of three (3) minutes or as directed by the Mayor.

Pursuant to provisions of the Brown Act, no action may be taken on these matters unless they are listed on the agenda, or unless certain emergency or special circumstances exist. City Council may direct staff to investigate and/or schedule certain matters for consideration at a future City Council meeting.

6. CONSENT CALENDAR
The following items are presented for City Council approval without discussion as a single agenda item in order to expedite the meeting. Should a Council Member wish to discuss or disapprove an item, it must be dropped from the blanket motion of approval and considered as a separate item.

A. Waive the reading in full of all Ordinances and Resolutions. Ordinances on the Consent Calendar will be adopted by the same vote cast as the first meeting unless City Council indicates otherwise.

B. Approve payment of warrants for the period ending October 17, 2022.

C. Approve the Minutes of the City Council regular meeting of October 11, 2022.

D. Adopt Resolution No. 2022-91 authorizing the Mayor to execute a contract with Kinyon Construction for the City Hall Painting Project.

E. MONTHLY REPORTS FROM DEPARTMENT HEADS

1. Public Safety Department:
a. Police Department report for September 2022
b. Fire Department report for September 2022
c. Code Compliance report for September 2022

2. City Treasurer’s report for September 2022

3. Human Resources report for September 2022
October 25, 2022 City of Guadalupe Council Meeting Agenda Page 3 of 5

4. Recreation and Parks report for September 2022

7. CITY ADMINISTRATOR REPORT: (Information Only)

8. DIRECTOR OF PUBLIC SAFETY REPORT: (Information Only)

PUBLIC HEARING

9. Public hearing to consider a Conditional Use Permit (2022-037-CUP) for Hwy 1 General Auto Repair, an automotive repair shop with associated outdoor vehicle staging area on property in the M-C (Industrial Commercial) zoning district at 333 and 363 Guadalupe Street.

Written Report: Bill Scott, City Planner
Recommendation: That the City Council:
a. Receive a presentation from staff;
b. Conduct a public hearing, including 1) an opportunity for the applicant to present the proposed project, and 2) receive any comments from the public; and c. Adopt Resolution No. 2022-92 approving 2022-037 CUP, including CUP Finding, CEQA Class 32 Exemption and Conditions of Approval.

10. Public hearing to consider a Conditional Use Permit (2022-034-CUP), for Central Coast Processing, LLC to allow a cannabis distribution, cultivation-processing, and manufacturing facility at 151 Obispo Street (Assessor’s Parcel Number 115-210-024).

Written Report: Bill Scott, City Planner
Recommendation: That the City Council:
a. Receive a presentation from staff;
b. Conduct a public hearing, including 1) an opportunity for the applicant to present the proposed project, and 2) receive any comments from the public; and c. Adopt Resolution No. 2022-93 approving Conditional Use Permit 2022-034-CUP, including CUP Finding, CEQA Class 1 Exemption, and Conditions of Approval.

REGULAR BUSINESS

11. New Job Description and Classification of Finance Clerk, regular, part-time position in the Finance Department.

Written report: Amelia M. Villegas, Interim HR Manager
Recommendation: That the City Council adopt Resolution No. 2022-94 approving the classification and job description for the regular, part-time Finance Clerk position in the Finance Department and authorizing staff to initiate recruitment.

October 25, 2022 City of Guadalupe Council Meeting Agenda Page 4 of 5

12. Transit Update.

Written report: Shannon Sweeney, Public Works Director/City Engineer Recommendation: That the City Council receive the report for information, general discussion, and input.

13. Main Street/Obispo intersection traffic issues.

Written report: Shannon Sweeney, Public Works Director/City Engineer Recommendation: That the City Council provide direction to staff on next steps for traffic control on Highway 166 (West Main Street) in the vicinity of Obispo Street.

14. FUTURE AGENDA ITEMS

15. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS

16. ADJOURNMENT TO CLOSED SESSION MEETING

CLOSED SESSION

17. Public Employment
(Pursuant to Government Code Section 54957(b)):

Title: City Administrator

18. ADJOURNMENT TO OPEN SESSION MEETING

19. CLOSED SESSION ANNOUNCEMENTS

20. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall display case and website not less than 72 hours prior to the meeting. Dated this 21st day of October 2022.
________________________
Todd Bodem, City Administrator
Todd Bodem
October 25, 2022 City of Guadalupe Council Meeting Agenda Page 5 of 5

PROPOSED FUTURE CITY COUNCIL AGENDA ITEMS
Council Meeting: Date and Subject Department Agenda Category Tuesday, November 8, 2022, at 6:00 pm / Regular Meeting Larry Appel, Integrity Planning- Planning Services
Agreement
Administration Dept. Consent Calendar
September 2022 Financial Report Finance Department Consent Calendar HdL Agreement – Cannabis Management Services Administration Dept. Consent Calendar Cosecha Guadalupe – Guadalupe Farmers Market Recreation Department Regular Business Introduce (First Reading) Ordinance No. 2022-504-
State of California 2022 Building Standards Code
Building Department Regular Business
Tuesday, November 22, 2022, at 6:00 pm / Regular Meeting Second Reading of Ordinance No. 2022-504 – State of
California 2022 Building Standards Code
Building Department Consent Calendar
General Plan Update Hearing Planning Department Public Hearing Solid Waste Contract Public Works Department Regular Business Tuesday, December 13, 2022, at 6:00 pm / Regular Meeting De Lapide & Associates Agreement – Housing Element Administration Dept. Consent Calendar Certification of November 8, 2022, General Municipal
Election
Administration Dept. Regular Business
Appointment of Councilmembers to various boards and
committees
Administration Dept. Regular Business
Other Unscheduled Items Proposed
Date of Item
Department Agenda Category
Tree Ordinance Public Works New Business
Sidewalk Vending Ordinance Planning Department New Business Vacant Property Ordinance Administration Dept New Business Food Truck and Special Event Ordinance Planning Dept New Business Gift Policy City Attorney New Business
Recognizing Food Distribution Volunteers Ceremonial Calendar Benefit for Unrepresented Employees Human Resources New Business Al’s Union Property New Business
Boys and Girls Club Memorandum of
Understanding
Recreation & Parks
Department
Rent Stabilization New Business
r""'\
Agenda Item No. 6B

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of October 25, 2022
Prepar/,d�
Veronica Fabian
Finance Account Clerk Finance Director
Approved by:

Todd Bodem
City Administrator
SUBJECT:

RECOMMENDATION:

Payment of warrants for the period ending October 17, 2022, to be approved for payment by the City Council. Subject to having been certified as being in conformity with the budget by the Finance Department staff.

That the City Council review and approve the listing of hand checks and warrants to be paid on October 26, 2022.

BACKGROUND:

Submittal of the listing of warrants issued by the City to vendors for the period and explanations for disbursement of these warrants. An exception, such as an emergency hand check may be required to be issued and paid prior to submittal of the warrant listing, however, this warrant will be identified as "Ratify" on the warrant listing.
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October 11, 2022 City of Guadalupe Council Meeting Agenda Page 1 of 10

MINUTES
City of Guadalupe
Regular Meeting of the Guadalupe City Council
Tuesday, October 11, 2022, at 6:00 pm
City Hall, 918 Obispo Street, Council Chambers
and
Hilton San Diego Mission Valley
901 Camino del Rio South
San Diego, CA 92108
(room number will be available at the front desk upon request)

1. ROLL CALL:

Council Member Liliana Cardenas
Council Member Gilbert Robles
Council Member Eugene Costa Jr.

Mayor Pro Tempore Tony Ramirez
Mayor Ariston Julian
The meeting was called to order at 6:00 p.m. All members were in attendance with Council Member Ramirez on zoom. (The abbreviation, “CM”, will be used for “Council Member” in these minutes.)

2. PLEDGE OF ALLEGIANCE

3. AGENDA REVIEW
There were no requests to change the agenda.

4. CEREMONIAL CALENDAR
• Hispanic Heritage Month (September 15th through October 15th) CM Cardenas read the proclamation stating September 15th through October 15th as “Hispanic Heritage Month”. The observance of Hispanic Heritage Week started in1968 under President Lyndon Johnson and was expanded by President Ronal Reagan in 1988 to cover a 30-day period . It was enacted into law on August 17, 1988. Mayor Julian then commented that in the mornings, you can see a large number of cars, in the hundreds, going out to Nipomo, coming in from Santa Maria, etc. and then in afternoons, the reverse traffic. These are Hispanics, farmworkers going to work in the mornings and coming back in the afternoons. We owe them our gratitude for what they do each and every day.
• Filipino American History Month – October 2022
Agenda Item No. 6C
October 11, 2022 City of Guadalupe Council Meeting Agenda Page 2 of 10 CM Robles read the proclamation citing October 2022 as “Filipino American History Month”. This month was established in 1988 to commemorate the arrival of the first Filipinos who landed in what is now Morro Bay, California on October 18, 1587. The California Department of Education first recognized October as Filipino American History Month in 2006, while the 111th Congress of the United States and the California State Legislature also gave recognition.

He mentioned the display in the glass case at City Hall with pictures and artifacts representing the first generation, the “Manong (older brother) Generation”, that came here in the 1920s and 1930s.

This was the first labor force on the West Coast. They came here as U.S. nationals, worked hard and made their footing here in the states. The big picture in the glass case was taken at Le Roy Park in 1937 and 1938.” He encouraged all to come to City Hall to view the display.

5. PRESENTATION
• Guadalupe Community Air Monitoring Project – Alhan Diaz-Correa Mr. Diaz-Correa, a Climate Justice Associate with the Community Environmental Council (CEC), gave the presentation. He started by saying that the Community Environmental Council was founded in 1970. (Because Mr. Diaz-Correa had been at a prior City Council meeting giving a presentation on FRESA, he made clear that the subject tonight focusing on air quality was completely separate.) He is working with the Little House by the Park, Community Changers as well as multiple partners on large projects, such as Blue Tomorrow, an environmental consulting group out of Santa Barbara, and California Air Resources Board (CARB), the lead agency in the state for cleaning up the air and fighting climate change.

Guadalupe ranks high with air quality issues. The Air Pollution Control District is one of the local partners providing monitors. “Rooted Language Justice”, provides interpretation to improve language access for CEC’s events and programs so more people can participate in solutions to the climate crisis across multiple languages.

Project partners cited were the Guadalupe School District, Dr. Handel, Family Service Agency, LADG, Dunes Center, etc. Mr. Diaz-Correa stated that the Dunes Center has a history on our climate and educates students, providing tools and materials. Dr. Dina Montague, researcher at UCSB, interviewed volunteers in Guadalupe and farms around the area. It was clear to see that there was a lack of monitors and sensors.

This is a multi-year project. Air monitors will be provided for three (3) years. In March 2022, CEC and Blue Tomorrow were awarded $300,000 for the Guadalupe Community Air Project by CARB. In development now are the website, educational materials and community workshops. It is anticipated that by December 2022, their website will go public, and CEC will begin their outreach.

Updates will be given at schools. The project end date is March 2025.

Half of the budget is to go towards actual sensors. The other half is for outreach, interpretation, feedback, etc. By the end of three (3) years, issues and concerns are to be summarized in a Community Air-Quality Action Plan. The sensors are focused on everyday living, not commercial. Air quality is dynamic…it changes. The intent of this program is not to say what the problem is but to October 11, 2022 City of Guadalupe Council Meeting Agenda Page 3 of 10 give space for individuals to highlight their concerns. The website will provide FAQs on how to use the tools provided on the website. It will be bilingual and can be used on a tablet and other formats.

Tools will be clear and educational.

Mr. Diaz-Correa said that there aren’t any sensors now to determine air quality. Four (4) monitors will be provided for Guadalupe schools and parks. Maintenance on the actual boxes will occur every two (2) weeks. Data will be made available through their website for community members to easily access current and past air quality data. During this project, CEC will recruit a part-time fellow to assist in developing technical skills and putting on workshops on air quality education and outreach processes. They will be involved in schools, educating students, providing benefits to young students, etc. The website’s data will also be helpful to reduce the community’s exposure to harmful air pollution. Budget is available for limited pesticide testing.

To summarize, there is no cost to Guadalupe. This project (air monitor sensors) will provide a baseline to measure impact on air quality. There will be much data collection, outreach and education. Mr. Diaz-Correa said, “Our presentation here tonight at your meeting is the first step in informing the City’s leadership of this major project.” CM Cardenas asked, “How will the internship (fellow) opening being promoted? How will it be advertised?” Mr. Diaz-Correa said, “Details are being finalized now. We’ll be pushing it in the next month or so. I have a short list myself of people we know and some local teachers who are good advocates. For me, I want to get a young person interested in science or maybe just in educating people. Probably up to 15 hours per week, with some flexibility. Hoping to get a local person who is bilingual.”
Mayor Julian asked, “How many monitors will be here and where?” Mr. Diaz-Correa said, “Four (4) monitors were purchased for the community. They will be located at Mary Buren School, McKenzie, Central Park and O’Connell Park. The monitors are not on loan…they’ll stay here.” The mayor made some comments about CalVans passenger vans. He said, “These vans pick up farm workers. There are about 200 cars that cross the bridge to Division Road. There are about 100 cars going to Santa Maria in the morning. No CalVans. There are 158 CalVans vans; 53 in Santa Maria and eight (8) here in Guadalupe. Farmers that create 1,000 acres of produce have their workers drive to work. If you are on 11th Street in the morning, there’s just traffic to San Luis Obispo and around 2:30 p.m. to 3:00 p.m., they’re coming back. That’s pollution. This area’s the highest polluted area in the County. So, it’s good to have a monitor at Mary Buren. The carbon monoxide is pushed into our community with all the cars. CM Robles added, “Most of the vans are used for lettuce workers. About 7-9 years ago, traffic came our way when the huge strawberry crop took over…more labor intensive.”
Dr. Montague was in the audience but declined to speak. Mr. Diaz-Correa said, “I live across the street from Romo’s Market. One question Dr. Handal had was what were the health impacts? We don’t want to be prejudiced on what data we find. This is a first step. We don’t know what pollution there is here in Guadalupe. But our goal, as I said before, is not to make an issue but to give the community a voice. We’re providing an infrastructure, education on what air quality is.” October 11, 2022 City of Guadalupe Council Meeting Agenda Page 4 of 10 Mayor Julian added, “The APCD provided about 100 air purifiers to Guadalupe and about 38-40 were distributed at the Food Bank. Why do we have air purifiers? This is an issue that will get worse if nothing happens to address and provide corrective action.”

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

7. CONSENT CALENDAR
The following items are presented for City Council approval without discussion as a single agenda item in order to expedite the meeting. Should a Council Member wish to discuss or disapprove an item, it must be dropped from the blanket motion of approval and considered as a separate item.

A. Waive the reading in full of all Ordinances and Resolutions. Ordinances on the Consent Calendar will be adopted by the same vote cast as the first meeting unless City Council indicates otherwise.

B. Approve payment of warrants for the period ending October 3, 2022.

C. Approve the Minutes of the City Council regular meeting of September 13, 2022.

D. Approve the Minutes of the City Council regular meeting of September 27, 2022.

E. Adopt Resolution No. 2022-84 authorizing the Guadalupe Public Safety Department to accept the Cal Fire, Rural Fire Capacity (RFC) grant in the amount of $3,500 for structural turnouts.

F. Adopt Resolution No. 2022-85 approving a restatement and continuation of a lease between the City of Guadalupe and Charles A. Pasquini, Jr. for land used by the City for wastewater effluent disposal for an additional 30 years, with an annual lease payment of $5,923.30 the first year and adjusted by CPI each remaining year.

G. Adopt Resolution No. 2022-86 authorizing the Mayor, on behalf of the City, to execute a construction contract with Souza Construction for the 2022 Pavement Rehabilitation Project, and to execute a contract with Filippin Engineering for inspection services on this project.

H. Adopt Resolution No. 2022-87 approving Amendment No. 2 to the agreement for consultant services between City of Guadalupe and Labor Consultants of California for completion of the labor compliance requirements for the Le Roy Park phase 1 project.

I. Adopt Resolution No. 2022-88 approving a partnership agreement with the Regional Climate Collaboratives (RCC), authorizing the City Administrator to execute the partnership agreement, submit a letter of commitment and any other necessary documents to implement the grant.

October 11, 2022 City of Guadalupe Council Meeting Agenda Page 5 of 10 J. Adopt Resolution No. 2022-89 authorizing the City to enter into a new agreement for planning services with Mr. William (Bill) Scott.

K. MONTHLY REPORTS FROM DEPARTMENT HEADS

1. Planning Department report for September 2022

2. Building Department report for September 2022

3. Public Works/Engineering report for September 2022
There were no items pulled. Motion made by Council Member Costa, Jr. and seconded by Council Member Robles to approve the full Consent Calendar. 5-0 Motion passed.

8. CITY ADMINISTRATOR REPORT: (Information Only)
Todd Bodem reported on two items: 1) Teg Butler, new Human Resources Manager, will be starting Monday, October 31, 2022. He most recently was with Curation Foods in Santa Maria. His focus has been primarily human resources and payroll. Amelia Villegas, who has been acting as Interim Human Resources Manager, will stay on for a period of time to help acclimate Teg to the City, and 2) an offer has been made and verbally accepted for the new Lead Maintenance Worker position for facilities and parks. The post-offer processes are now underway.

9. DIRECTOR OF PUBLIC SAFETY REPORT: (Information Only) Chief reported on the success of the “Kids Day at the Park” which was Saturday, October 8th, held at O’Connell Park. He said, “The park was beautiful. The parking situation was professional. Hannah (Sanchez) did a great job. A lot of money was raised. There were officers from Santa Maria PD, Arroyo Grande PD and the CHP. The event was very successful.” Mayor Julian commented, “The El Folklorico dance group, especially the little kids…was really neat to see them dancing. Thank you, Hannah and Public Safety.”

10. MAYOR’S REPORT- UPDATES
CM Cardenas commented on the Recreation & Parks Commission having two (2) open, unfilled seats, whether termed out or resigned. Mayor Julian said that Emily Dreiling is still on the Commission. A notice requesting applicants for these two (2) open seats will be posted by Human Resources.

Applicants will go before the City Council for appointment at a set meeting. The mayor also said that a mural is being painted at Le Roy Park.

REGULAR BUSINESS

11. Facility & Parks Use Fee Schedule Changes.

Written report: Hannah Sanchez, Recreation Services Manager October 11, 2022 City of Guadalupe Council Meeting Agenda Page 6 of 10 Recommendation: That the City Council adopt Resolution No. 2022-90 establishing new fees for the City Facility and Parks Use Schedule.

Ms. Sanchez clarified that what she was looking for at this meeting now was not approval of the fees but rather input and discussion from the Council to bring back to another meeting. What was presented in the staff report were current approved rental fees and proposed fees for: 1) City Auditorium; 2) Senior Center; 3) Council Chambers; 4) Veterans Hall; 5) Le Roy Park; 6) O’Connell Park, and (7) Veterans Memorial Plaza (downtown parking lot).

Discussion centered around proposed changes for:
• City Auditorium: include fee for kitchen use in with cleaning deposit; increase flat fee for “Non-Profit Special Event/Memorial Service”. (Memorial service is new.) Add “Long Term Recreation Rentals” for flat monthly fee.
• Veterans Hall: decrease hourly fee schedule for both residents and non-residents; increase/create flat fee for “Non-Profit Special Event/Memorial Service. (Memorial service is new.)
• O’Connell & Le Roy Parks: eliminate hourly fee for both residents and non-residents; add flat rate for both; increase flat fee for non-profits schools, approved organizations. (Current fees were higher than those for Waller Park and Orcutt Community Park.) • Veterans Memorial Plaza: eliminate refundable amount for cleaning deposit.

There were no recommended changes for current fees charged for renting either or both sections of the City Council chambers or the Senior Center. Ms. Sanchez also stated that the $150.00 flat fee charged for a building attendant did not always cover the cost for events in the City auditorium which would run from 10-12+ hours. It is proposed to use an hourly rate.

CM Cardenas asked, “How many hours for a building attendant?” Ms. Sanchez said, “Typically, for weddings and quincineras, there’s 3-4 hours on Friday, then on Saturday, between 8-10 hours. We’re trying to recruit two (2) now, to split up event hours.” CM Robles asked, “Are we getting a lot of interest more in the auditorium versus the Veterans Hall?” Ms. Sanchez said, “The auditorium has the most requests for sure. There have been a lot of requests for Le Roy Community Center. I haven’t put in anything yet for that as I’m not sure where the Council stands on that. Also, I didn’t want to put anything yet because of issues with the Boys & Girls Club not yet finalized, whether we will be charging them or not, etc.” The mayor said that we’re moving on an MOU for the Boys & Girls Club which gives Guadalupe control who goes in.

October 11, 2022 City of Guadalupe Council Meeting Agenda Page 7 of 10 There was further discussion on various attachments to the staff report relating to youth and school activities as well as non-profits. Examples were shown to highlight the difference for the past practice of waiving fees versus charging specific fees for use of the City’s parks and facilities.

The mayor stressed the need to get monies upfront. He said, “One time, after renters cleaned the auditorium, there were puddles. We need to get monies from the rentals and not just break even.

Ms. Sanchez said, “If we increase the cleaning deposit to $600, there’s the potential for refundable amount of $350.” The mayor added, “We can’t refund any part of the cleaning deposit. It costs the City to make us whole again.”
The discussion then shifted to the barbecue pit at O’Connell Park. The mayor said, “There are no locks on the barbecue there. If you go to Santa Maria, the pits are locked, unless reserved. If people see they’re unlocked, they’ll just use the pit and leave it dirty. We need to charge for use of the pit.

Staff needs to clean it.”
Ms. Sanchez mentioned that fees had been waived in the past for non-profits. She said, “A lot of non-profits want to request to speak before the City Council to justify not having to pay a fee.” Mayor Julian said, “Go to the Vets Hall in Santa Maria – it’s not free. Go to Mussell Senior Center in Santa Maria – it’s not free. Probably the same in Lompoc. In the past, there were no fees charged, but that’s long in the past. There’s wear-and-tear that we need to think about.” Ms. Sanchez added, “Regular rates had been charged for memorial services. Fees should be lowered which is the recommendation of the Recreation & Parks Commission. Have the rate as non-profits.” Mr. Bodem added, “The Veterans Hall is for any veteran or veterans’ group to use.” The mayor said, “Veterans have free use of that building…the Vets Hall.” He added, “We don’t have a lot of resources.

City Hall’s façade needs repair. We need to generate funds on our rentals. People just have to pay more.” Ms. Michaud said, “Our community will go to Santa Maria and Nipomo to pay the rent for barbecues. And now we have nice facilities. I’ll pay to rent the ones here. I don’t feel that nonprofits, if they’re not totally supporting the monies going to the City to support youth activities, should think about going to Santa Maria…but they won’t because they’ll have to pay.” CM Cardenas asked if the City had a study on the cost for building upkeep. Ms. Sweeney said that she had done a study for Le Roy Park and the Vets Hall but had not done one for City Hall. CM Cardenas said, It would be good to show non-profits how much it costs to maintain the auditorium which justifies the fees charged.” Ms. Sweeney commented that it would be difficult to parse out ‘rental’ versus ‘City Hall business’. CM Cardenas suggested creating two (2) separate accounts. Ms.

Sanchez added, “Just ordering supplies would be hard because the supplies are for all.” Ms. Mahoney, LADG, said that she has a large yard at her home which is rented out for a flat $2,000 with a maximum capacity of 150. She felt that the fees charged for the City auditorium were too low for all that comes with this venue and suggested raising them.

October 11, 2022 City of Guadalupe Council Meeting Agenda Page 8 of 10 CM Ramirez suggested that Ms. Sanchez come back with updated information on the fees. Ms.

Mahoney suggested people come in and talk about the fees. The mayor said, “Look at some specifics. We need to be ironclad when we make commitments. You have our backing.” CM Costa, Jr. said, “Prior to being on the City Council, the prior city administrator sat with non-profits to discuss fees. If you go to Santa Maria, it’s $75 per hour for non-profits now. For two hours, that’s $150. That gives me an attendant. I don’t have to open…I don’t have to close…I don’t have to carry keys. That was my issue back then. If you rent a facility in Santa Maria, the people don’t have to set up tables, set up chairs, etc. So, the more you charge, the more you can offer. The City Council should have dealt with this in the past. If I’m going to rent, I just want to come in, have my party, do my clean up, etc. When you go to certain places, an attendant takes the garbage out, puts a new bag so there’s no trash overflow.” Ms. Sanchez responded, “For all private events, we do have a building attendant who does all that. Checks the restrooms, does walk-throughs and checks the trash for possible overflow. We can’t set up tables and chairs because we don’t have enough staff.

That’s why we put the set-up on the renters. Also, Santa Maria offers 20 tables and 200 chairs which are nice.”
CM Costa, Jr. suggested, “Step up the fees gradually. Set a goal. We want to be able to charge more so we can offer more. If I have to pay whatever the fee, what do I get for my money?” The mayor said we have ARPA funds to purchase tables. Ms. Sanchez said, “I can go to the Commission for approval. The ARPA funds were for recreation programs.” Mayor Julian said, “We need to have information cleaned up. There aren’t any objections to what you’ve recommended.” CM Cardenas added, “We do need to do a gradual increase. This is a cultural change. It’s good to have numbers to show how to make money but also to show our cost for upkeep.” The mayor said, “Bring back to Council. Say to non-profits that this is what we’re doing and why.”
CM Robles commented, “I’d like to see a workshop. Put it all on paper and show everything. Lock in fees with understanding with staff. There are five (5) locations to manage/rent. We want people to use the barbecue…people can use but should not abuse it. It’s baby steps now.” The mayor suggested maybe a joint meeting with the Recreation & Parks Commission to discuss all of this. CM Costa, Jr. further suggested making a chart to show Santa Maria fees versus Guadalupe’s so everyone can see the differences. CM Robles added, “Compare us with a community that more closely mirrors us, like Arroyo Grande, Oceano, Grover Beach, etc. Santa Maria may be too large to compare.”
Ms. Mahoney had additional comments. She said, “I’ve been gone a long time but am back now.

The City auditorium is amazing…historical and should be valued for what it is. People from outside will come; It has a stage, bands can play. It’s a great venue. Get people to be proud of what the City has. We have to charge more for total upkeep.”
Mayor Julian concluded saying, “This was complex. Good job, Hannah1” October 11, 2022 City of Guadalupe Council Meeting Agenda Page 9 of 10

12. FUTURE AGENDA ITEMS
There were no new items added for future agendas.

13. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS
CM Cardenas: currently in the process of reviewing applications for micro-enterprise funds.

Shannon Sweeney: there will be public meeting for Central Park, Thursday, October 13th, from 6:00 p.m. to 8:00 p.m.

Hannah Sanchez: tomorrow, Wednesday, 10/12, is the first day of Danza Azteca, free class outside the Cultural Center, from 6:00 p.m. to 8:00 p.m.

Mayor Julian: There was a kick-off project management conference on 9/29/22, Economic Development Administration, with EDA staff, Mayor Julian, Todd Bodem, LADG, etc. on zoom.

Discussion was on the process to move forward with the federal grant. The EDA funds are $4,889,121, and City funds from the former RDA, of $262,379, for a total of $5,151,500. These monies are the Royal Theatre. Plan is to combine the $5,151,500 Phase I with $5M for Phase II Visual Arts 3-story building. The City cannot submit an invoice for reimbursement from a vendor/contractor after the deadline of September 28, 2027. It is anticipated that the project will be done before the deadline date.

On October 3, 2022, SBCAG & APCD held meetings via zoom.

On October 2, 2022, there was a visit by Senator Monique Limon, for Santa Barbara and San Luis Obispo Counties, 19th District:
• there was a presentation at Escalante Meadows of $3M for the Community Center, plus Representative Carbajal’s commitment of $3M. There is $9M for construction of a 23,000 sq. ft. center for childcare. Fifty-two single family units will be replaced with 80 affordable rental units;
• a check for $5M was presented for the Royal Theatre Phase II Visual Arts Building, and • there was a question-and-answer session at the Senior Center with meals provided by LADG Chef and helper. Senator Limon committed her support to Guadalupe.

The Mayors’ Ball was held on Saturday, October 8, 2022, in support of Northern Santa Barbara County which provided funding assistance to the Guadalupe School District.

At the October 6th Food Bank distribution, there were 200+ families served totaling 302 individuals.

Alejandra Mahoney, Executive Director of Los Amigos de Guadalupe, commented that the Senior Center has been serving about 40 meals on a daily basis.

October 11, 2022 City of Guadalupe Council Meeting Agenda Page 10 of 10

14. ADJOURNMENT TO CLOSED SESSION MEETING
The meeting was adjourned to closed session. Item to be discussed: Public Employment (Pursuant to Government Code Section 54957(b)): Title: City Administrator.

Motion was made by Council Member Costa, Jr. and seconded by Council Member Cardenas to adjourn to closed session. 5-0 Motion passed. Meeting adjourned to closed session at 7:44 p.m.

CLOSED SESSION

15. Public Employment
(Pursuant to Government Code Section 54957(b)):

Title: City Administrator

16. ADJOURNMENT TO OPEN SESSION MEETING
Motion was made by Council Member Costa, Jr. and seconded by Council Member Cardenas to adjourn to open session. 4-0 Absent: Ramirez Motion passed. Meeting adjourned to open session at 8:33 p.m.

17. CLOSED SESSION ANNOUNCEMENTS
“No reportable action.”

18. ADJOURNMENT
Motion was made by Council Member Costa, Jr. and seconded by Council Member Robles to adjourn meeting. 4-0 Absent: Ramirez Motion passed. Meeting adjourned at 8:34 p.m.

Prepared by: Approved by:
________________________________ ___________________________________ Amelia M. Villegas, City Clerk Ariston Julian, Mayor

Agenda Item No. 6D

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of October 25, 2022
_______________________________ _________________________________ Prepared by: Approved by:

Shannon Sweeney, Todd Bodem, City Administrator
Public Works Director / City Engineer
SUBJECT: Authorize Contract for the City Hall Painting Project RECOMMENDATION:

That the City Council adopt Resolution No. 2022-91 authorizing the Mayor to execute a contract with Kinyon Construction for the City Hall Painting Project.

DISCUSSION:

On September 20, 2022, the City solicited a Request for Quote (RFQ) for City Hall painting. The RFQ was sent to a list of eleven potential bidders, all with the required C-33 California painting contractor’s license. The deadline to receive quotes was end of day, October 13, 2022.

The City received one bid, for $57,780. Staff worked with Kinyon Construction on the City Hall Auditorium painting recently and were very satisfied with their performance and work product.

Staff recommends awarding the contract to Kinyon Construction for a total of $57,780. It is also recommended to authorize the City Administrator to approve contract change orders during construction up to 15% over the contract amount if deemed necessary.

FISCAL IMPACT:
$55,000.00 was budgeted from ARPA funds for this project. However, sufficient funds are likely to be available from the roof maintenance ARPA funds to cover this small difference in cost.

ATTACHMENTS:

1. Resolution No. 2022-91

2. Agreement
Shannon Sweeney

RESOLUTION NO. 2022-91

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE

APPROVING A CONTRACT WITH KINYON CONSTRCTION

FOR THE CITY HALL PAINTING
WHEREAS, the City of Guadalupe emailed a Request for Quote for the City Hall Painting Project on September 20, 2022, to eleven qualified companies; and, WHEREAS, the City of Guadalupe received one bid for this project by the deadline of October 13, 2022; and,
WHEREAS, the quote from Kinyon construction in the amount of $57,780 is near the budgeted amount of $55,000 for this project, and additional cost will be covered with funds budgeted for City Hall roof maintenance; and
WHEREAS, staff was very satisfied with recent work by Kinyon construction on the City Hall Auditorium painting project; and
WHEREAS, staff recommends approving this contract with Kinyon construction for a total of $57,780.

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

SECTION 1. Authorize the Mayor to enter into a construction contract with Kinyon Construction on behalf of the City in the amount of $57,780.00, a copy of which is attached to the staff report for this item.

SECTION 3. Authorize the City Administrator to approve change orders to this contract during construction up to 15% of the bid price, if deemed necessary.

SECTION 4. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained.

In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.

PASSED, APPROVED AND ADOPTED at a regular meeting on the 25th day of October 2022 by the following vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTACHMENT 1

I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2022-91, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held October 25, 2022 and that same was approved and adopted.

ATTEST:
______________________________ ____________________________________ Amelia Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
______________________________
Philip Sinco, City Attorney
City Atty Rev 8/21 1

AGREEMENT FOR CONTRACTOR SERVICES

BETWEEN

THE CITY OF GUADALUPE
AND
KINYON CONSTRUCTION INC.

THIS AGREEMENT FOR CONTRACTOR SERVICES (the "Agreement") is made and entered into this 25 day of October, 2022, by and between the CITY OF GUADALUPE, a municipal corporation ("City") and, Kinyon Construction, Inc., a California Corporation ("Contractor").

In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

Section 1. Term of Agreement. Subject to the provisions of Section 19 (Termination of Agreement) of this Agreement, the term of this Agreement shall be for a period of one (1) year from the date of execution of this Agreement, as first shown above. Such term may be extended upon written agreement of both parties to this Agreement.

Section 2. Scope of Services. Contractor agrees to perform the services set forth in Exhibit A (Scope of Services) and made a part of this Agreement.

Section 3. Additional Services. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to or outside of those set forth in this Agreement or listed in Exhibit A, highlighted portions only. unless such additional services are authorized in advance and in writing by the City Council or City Administrator of City. Contractor shall be compensated for any such additional services in the amounts and in the manner agreed to by the City Council or City Administrator.

Section 4. Compensation and Method of Payment.
(a) Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in Exhibit A, highlighted portions only (Compensation) and made a part of this Agreement.
(b) Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories: labor (by subcategory), travel, materials, equipment, supplies, sub-contractor contracts and miscellaneous expenses. City shall independently review each invoice submitted by Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement and Scope of Services. In the event that no charges or expenses are disputed, ATTACHMENT 2
City Atty Rev 8/21 2
the invoice shall be approved and paid according to the terms set forth in subsection (c).

In the event City disputes any charges or expenses, City shall return the original invoice to Contractor with specific items in dispute identified for correction and re-submission.

All undisputed charges shall be paid in accordance with this Agreement and Scope of Services.
(c) Except as to any charges for work performed or expenses incurred by Contractor, which are disputed by City, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor's invoice.
(d) Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor. (e) Contractor shall have the right to suspend services if not paid in accordance with this Agreement.

Section 5. Inspection and Final Acceptance. City may inspect and accept or reject any of Contractor's work under this Agreement, either during performance or when completed, if the work is found to be defective or not in compliance with the defined Scope of Services. Acceptance of any of the Contractor's work by City shall not constitute a waiver of any of the provisions of this Agreement, including but not limited to, Sections 15 and 16, pertaining to indemnification and insurance, respectively. Contractor agrees to cooperate in any such inspection.

Section 6. Ownership of Documents. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Contractor in the course of providing any services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Contractor. Reuse of any materials outside the scope of this Agreement shall be at the sole risk of the City.

Section 7. Contractor's Books and Records.
(a) Contractor shall maintain any and all documents and records demonstrating or relating to Contractor's performance of services pursuant to this Agreement. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to City pursuant to this Agreement.

Any and all such documents or records shall be maintained in accordance with generally accepted accounting principles and shall be sufficiently completed and detailed so as to permit an accurate evaluation of the services provided by Contractor pursuant to this Agreement. Any and all such documents or records shall be maintained for three (3) City Atty Rev 8/21 3
years from the date of execution of this Agreement and to the extent required by laws relating to the audits of public agencies and their expenditures. (b) Any and all records or documents required to be maintained pursuant to this section shall be made available for inspection, audit and copying, upon reasonable notice during regular business hours, upon written request by City or its designated representative. Copies of such documents or records shall be provided directly to the City for inspection, audit and copying when it is practical to do so; otherwise, unless an alternative is mutually agreed upon, such documents and records shall be made available at Contractor's address indicated for receipt of notices in this Agreement. The City shall compensate the Contractor for all costs associated with providing these materials to the City.
(c) Where City has reason to believe that any of the documents or records required to be maintained pursuant to this section may be lost or destroyed due to dissolution or termination of Contractor's business, City may, by written request, require that custody of such documents or records be given to the requesting party and that such documents and records be maintained by the requesting party. Access to such documents and records shall be granted to City, as well as to its successors-in-interest and authorized representatives.

Section 8. Status of Contractor.
(a) Contractor is and shall at all times during the terms of this Agreement remain a wholly independent Contractor and not an officer, employee or agent of City.

Contractor shall have no authority to bind City in any manner, nor to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.
(b) The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control.

Neither City nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Contractor or any of Contractor's officers, employees or agents, except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's officers, employees or agents are in any manner officials, employees or agents of City. (c) Neither Contractor nor any of Contractor's officers, employees or agents shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City's employees. Contractor expressly waives any claim Contractor may have to any such rights.

City Atty Rev 8/21 4
Section 9. Standard of Performance. Contractor represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this Agreement in a thorough, competent and professional manner. Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. In meeting its obligations under this Agreement, Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing services similar to those required of Contractor under this Agreement.

Section 10. Compliance With Applicable Laws, Permits and Licenses.

Contractor shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement applicable to Contractor. Contractor shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable at law or in equity as a result of any failure of Contractor to comply with this section.

Section 11. Nondiscrimination. Contractor shall not discriminate, in any way, against any person on the basis of race, color, religious creed, national origin, ancestry, sex, age, disability, marital status or sexual orientation in connection with or related to the performance of this Agreement.

Section 12. Unauthorized Aliens. Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. sections 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney's fees, incurred by City.

Section 13. Conflicts of Interest. Contractor agrees to at all times avoid conflicts of interest with the interests of the City in the performance of this Agreement.

Section 14. Confidential Information; Release of Information. (a) All information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Administrator, except as may be required by law.

City Atty Rev 8/21 5
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Administrator or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories or other information concerning the work performed under this Agreement. A response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena.
(c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this section, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorney's fees, caused by or incurred as a result of Contractor's conduct.
(d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or sub contractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor.

However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. Contractor shall be compensated for all costs associated with complying with this section.

Section 15. Indemnification.
(a) City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "Indemnitees") shall have no liability to Contractor or any other person for, and Contractor shall indemnify, defend, protect and hold harmless Indemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorney's fees and disbursements (collectively, "Claims") which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by Contractor's performance of or failure to perform any services under this Agreement or by the negligent or willfully wrongful acts or omissions of Contractor, its agents, officers, directors, sub contractors or employees, committed in performing any of the services under this Agreement.

City Atty Rev 8/21 6
(b) If any action or proceeding is brought against Indemnitees by reason of any of the matters against which Contractor has agreed to indemnify Indemnitees as provided above, Contractor, upon notice from City, shall defend Indemnitees at Contractor's expense by counsel acceptable to City, such acceptance not to be unreasonably withheld. Indemnitees need not have first paid for any of the matters to which Indemnitees are entitled to indemnification in order to be so indemnified. The insurance required to be maintained by Contractor under Section 16 shall ensure Contractor's obligations under this section, but the limits of such insurance shall not limit the liability of Contractor hereunder. The provisions of this section shall survive the expiration or earlier termination of this Agreement.
(c) The provisions of this section do not apply to Claims occurring as a result of the City's sole negligence or willfully wrongful acts or omissions. (d) City agrees to indemnify Contractor for any such neglect or willfully wrongful acts committed by City or its officers, agents or employees.

Section 16. Insurance. Contractor agrees to obtain and maintain in full force and effect during the term of this Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work provided by Contractor, its agents, representatives or employees in performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-:VII. All insurance policies shall be subject to approval by City as to form and content.

These requirements are subject to amendment or waiver, if so approved in writing by City Administrator. Contractor agrees to provide City with copies of required policies upon request.

Prior to the beginning of and throughout the duration of the Work, Contractor and its subcontractors shall maintain insurance in conformance with the requirements set forth below.

Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to Contractor or its subcontractors in excess of the limits and coverage identified in this Agreement and which is applicable to a given loss, claim or demand, will be equally available to CITY.

Contractor shall provide the following types and amounts of insurance. Without limiting Contractor’s indemnification of CITY, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to CITY:

A. Minimum Scope of Insurance: Coverage shall be at least as broad as:

City Atty Rev 8/21 7
(1) Insurance Services Office Form Commercial General Liability coverage (Occurrence Form CG 0001).
(2) Insurance Services Office Form No. CA 0001 covering Automobile Liability, including code 1"any auto" and endorsement CA 0025, or equivalent forms subject to written approval of City.
(3) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers' Liability insurance and covering all persons providing services on behalf of the Contractor and all risks to such persons under this Agreement, along with a waiver of subrogation endorsement.
(4) Errors and omission liability insurance appropriate to the Contractor's profession.

B. Minimum Limits of Insurance: Contractor shall maintain limits of insurance no less than:
(1) General Liability Insurance: Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage, and a $2,000,000 completed operations aggregate. The policy shall provide or be endorsed to provide that CITY and its officers, officials, employees, agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. This insurance and any umbrella or excess liability insurance shall be maintained for a minimum of three years or as long as there is a statutory exposure to completed operations claims, with the City and its officers, officials, employees, and agents continued as additional insured.
(2) Automobile Liability: Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (3) Workers' Compensation and Employer's Liability: Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000) for Contractor’s employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall City Atty Rev 8/21 8
require each subcontractor to similarly maintain Workers’ Compensation Insurance and Employer’s Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor’s employees. Contractor shall submit to CITY. (4) Errors and Omissions Liability: $1,000,000 per claim as appropriate for the profession.
(5) Umbrella or excess liability insurance (if needed): Contractor shall obtain and maintain an umbrella or excess liability insurance that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability.

Such policy or policies shall include the following terms and conditions:
• A drop-down feature requiring the policy to respond in the event that any primary insurance that would otherwise have applied proves to be uncollectable in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and
• Insureds under primary policies shall also be insureds under the umbrella or excess policies.
(6) Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on a Contractor’s Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

C. Other Provisions: Insurance policies required by this Agreement shall contain the following provisions:
(1) Notice of Cancellation: Each insurance policy required by this Agreement shall be endorsed and state the coverage shall not be suspended, voided, canceled by the insurer or other party to this Agreement, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested has been given to City. (2) Primary/noncontributing: Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be City Atty Rev 8/21 9
required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured. (3) City’s Rights of Enforcement: In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by Contractor or CITY will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, CITY may cancel this Agreement.
(4) Waiver of Subrogation: All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against CITY, and shall require similar written express waivers. (5) Enforcement of Contract Provisions (non estoppel): Contractor acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform Contractor of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
(6) Requirements not Limiting: Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. (7) Prohibition of Undisclosed Coverage Limitations: None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing. (8) Separation of Insureds: A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured City Atty Rev 8/21 10
against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (9) Pass through Clause: Contractor agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review. (10) City’s Right to Revise Requirements: The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor a ninety (90) day advance written notice of such change. If such change results in substantial additional cost to the Contractor, the CITY and Contractor may renegotiate Contractor’s compensation.
(11) Self-insured Retentions: Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.
(12) Timely Notice of Claims: Contractor shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies.
(13) Additional Insurance: Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work.

Section 17. Assignment. The expertise and experience of Contractor are material considerations for this Agreement. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Contractor under the Agreement. In recognition of that interest, Contractor shall not assign or transfer this Agreement or any portion of this Agreement or the performance of any of Contractor's duties or obligations under this Agreement without the prior written consent of the City Council. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement, entitling City to any and all remedies at law or in equity, including summary termination of this Agreement. City acknowledges, however, that Contractor, in the performance of its duties pursuant to this Agreement, may utilize sub contractors.

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Section 18. Continuity of Personnel. Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor's staff assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor's staff assigned to perform the services required under this Agreement, prior to any such performance.

Section 19. Termination of Agreement.
(a) City may terminate this Agreement, with or without cause, at any time by giving thirty (30) days' written notice of termination to Contractor. In the event such notice is given, Contractor shall cease immediately all work in progress. (b) Contractor may terminate this Agreement at any time upon thirty (30) days' written notice of termination to City.
(c) If either Contractor or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Contractor or City may terminate this Agreement immediately upon written notice. (d) Upon termination of this Agreement by either Contractor or City, all property belonging exclusively to City which is in Contractor's possession shall be returned to City. Contractor shall furnish to City a final invoice for work performed and expenses incurred by Contractor, prepared as set forth in Section 4 of this Agreement.

This final invoice shall be reviewed and paid in the same manner as set forth in Section 4 of this Agreement.

Section 20. Default. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default and may terminate this Agreement immediately by written notice to Contractor.

Section 21. Excusable Delays. Contractor shall not be liable for damages, including liquidated damages, if any, caused by delay in performance or failure to perform due to causes beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts of the public enemy, acts of federal, state or local governments, acts of the City, court orders, fires, floods, epidemics, strikes, embargoes, and unusually severe weather. The term and price of this Agreement shall be equitably adjusted for any delays due to such causes.

Section 22. Cooperation by City. All public information, data, reports and maps as are existing and available to City as public records, and which are necessary for carrying City Atty Rev 8/21 12
out the work as outlined in Exhibit A, shall be furnished to Contractor in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement.

Section 23. Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, or sent by telecopier or United States mail, postage prepaid, addressed as follows:

To City: City Administrator
City of Guadalupe
918 Obispo Street
Guadalupe, CA 93434
To Contractor: Kinyon Construction, Inc.
1533 W. Betteravia Road
Santa Maria, CA 93455
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service.

Section 24. Authority to Execute. The person or persons executing this Agreement on behalf of the Contractor represents and warrants that they have the authority to so execute this Agreement and to bind Contractor to the performance of its obligations hereunder.

Section 25. Binding Effect. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.

Section 26. Modification of Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

Section 27. Waiver. Waiver by any party to this Agreement of any term, condition or covenant of this Agreement shall not constitute a waiver of any other term, condition or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any provisions of this Agreement.

Section 28. Law to Govern; Venue. This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Santa City Atty Rev 8/21 13
Barbara. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Los Angeles.

Section 29. Attorney's Fees, Costs and Expenses. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to any award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.

Section 30. Entire Agreement. This Agreement, including the attached exhibits, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of this Agreement.

No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding. No amendment to this Agreement shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.

Section 31. Severability. If a term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby, and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

Section 32. Preparation of Agreement. This Agreement is the product of negotiation and preparation by and among the parties and their respective attorneys. The parties, therefore, expressly acknowledge and agree that this Agreement shall not be deemed prepared or drafted by one party or another, or any party's attorney, and will be construed accordingly.

CITY: CONTRACTOR:

CITY OF GUADALUPE
By:______________________________ By:_________________________________ Ariston Julian, Mayor
Title:_______________________________
APPROVED AS TO FORM:

By:_________________________________
__________________________________ Title:_______________________________ Philip Sinco, City Attorney
Kinyon Construction, Inc.
1533 West Betteravia Rd.

Santa Maria, Ca 93455
805-938-7990 805-934-9500
Contractors Lic. #728467 A,B, C-33
$28,680.00
$29,100.00
$57,780.00
Fifty Seven Thousand, Seven Hundred and Eighty Dollars $57,780.00

EXHIBIT A

GUADALUPE POLICE DEPARTMENT

MONTHLY ADMINISTRATIVE OPERATIONAL DATA SUMMARY
PART I: CRIMES

TYPE OF CRIMES

REPORTED CLEARED REPORTED CLEARED REPORTED CLEARED REPORTED CLEARED 187 PC HOMICIDE 00000000
261 PC RAPE 00001033
211 PC ROBEBRRY 00000000
242/245 PC ASSAULT 7 6 5 4 29 25 43 37
459 PC BURGLARY 1 0 1 0 13 8 21 2
484/487 PC THEFT 4 0 7 0 40 4 26 2
10851 VC VEH THEFT 0 0 2 0 15 10 30 6
451 PC ARSON 00001000
TOTAL 12 6 15 4 99 47 123 50
PART II: REPORTED CRIMES

REQUEST FOR SERVICE

TOTAL REPORTS TAKEN

TOTAL REQUEST FOR SERVICE

TOTAL ACTIVITY FOR THE MONTH

DOMESTIC VIOLENCE REPORT

TOTAL PROPERTY STOLEN

TOTAL PROPERTY RECOVERED
PART III: ARREST SUMMARY

OFFENCES

ADULTS JUVENILES ADULTS JUVENILES ADULTS JUVENILES ADULTS JUNENILES FELONY 6 0 4 0 27 1 43 3
MISDEMINOR 9 0 11 1 78 4 89 3
TOTAL 15 0 15 1 105 5 132 6
23152(a&b) VC ARREST

WARRANT ARREST
$5,584.00 $2,799.00 $742,814.00 $48,840.00
$0.00 $0.00 $17,400.00 $0.00
302 304 2716 2796
3 2 17 20
68 659 589
207 236 2057 2207
NOTE: DUI AND WARRANT DATA ARE INCLUDED IN ABOVE ARREST TOTALS MONTH OF SEPTEMBER 2022

THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE

THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE

THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE 95 20
9 4
1 2
1 25
9 Agenda Item No. 6E 1a.

GUADALUPE POLICE DEPARTMENT

MONTHLY ADMINISTRATIVE OPERATIONAL DATA SUMMARY
PART IV: NARCOTIC ACTIVITY

TYPE OF NARCOTICS

REPORTED CLEARED REPORTED CLEARED REPORTED CLEARED REPORTED CLEARED HEROIN 00000000
COCAINE 00000000
METHAMPHETAMINE 00000033
MARIJUANA 00002211
PARAPHERNALIA 00003377
TOTAL 0 0 0 0 5 5 11 11
PART V: SPECIAL DATA

OFFICER ASSULTED

INJURY ON DUTY
ADDITIONAL INFORMATION:

STAFFING:                               1 POLICE CHIEF FILLED 2 POLICE LIEUTENANT FILLED
2 POLICE SERGEANTS 1 UNFILLED POSITION
2 AIRPORT POLICE OFFICERS FILLED
10 POLICE OFFICERS 2 UNFILLED POSITIONS
3 OFFICE STAFF PERSONNEL 2 FULL TIME FILLED/ 1 TEMPORARY POSITION FILLED 5 RESERVE POLICE OFFICERS 5 UNFILLED POSITIONS
1 COMMUNITY SERVICE TECHNICIAN FULL TIME POSITION UNFILLED 1 EVIDENCE TECHNICIAN 1 UNFILLED POSITION
2 POLICE VOLUNTEERS 2 UNFILLED POSITIONS
COMMENTS:
005
0000
MONTH OF SEPTEMBER 2022

THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE

THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE 0 Rev: 06/17/2021

GUADALUPE FIRE DEPARTMENT
TO: PUBLIC SAFETY DIRECTOR, MICHAEL CASH
FROM: CAPTAIN PATRICK SCHMITZ
SUBJECT: MONTHLY SUMMARY OF CODE ENFORCEMENT CASES
September 1, 2022 – September 31, 2022
DATE: 10/03/2022
CALLS FOR SERVICE September 2022
INCIDENT TYPE This
Month
Last
Month
Year to Date
(2022-2023)
Year to date
(2021-2022)
Medical 35 38 100 113
Structure Fire 0 0 0 0
Cooking Fire 0 0 0 1
Trash or Rubbish Fire 2 0 4 1
Vehicle Fire 0 0 0 1
Grass/Vegetation Fire 0 0 0 1
Other Fire 0 0 0 0
Motor Vehicle Accidents with Injuries 2 1 6 8
Motor Vehicle Accidents No Injuries 1 1 3 3
Motor Vehicle/Pedestrian Accident 2 0 4 0
Hazardous Materials Spill/Release 1 0 2 0
Hazardous Condition Other 2 0 2 2
Water Problem/Leak 2 0 2 0
Animal Problem 1 0 1 0
Search / Rescue 0 0 0 0
Public Assistance 0 2 7 6
Police Matter/Assistance 2 0 2 2
Illegal Burn 0 0 0 0
Smoke/CO Detector Activation 3 3 8 0
Dispatch and Canceled En-route 0 5 8 10
False Alarm 2 1 4 6
TOTAL 55 51 153 154
Additional Information
STAFFING: 1 Public Safety Director (Police/Fire Chief)
3 Fire Captains
3 Fire Engineers
2 Paid Call Firefighters 4 Position Vacant
Agenda Item No. 6E 1b.

Rev: 06/17/2021

GUADALUPE FIRE DEPARTMENT
Special Assignments / Coverage:
- Food Bank Distribution (09/01)
- Bulldog Football game (09/10)
- Fiestas Patrias Parade/Event (09/11)
- Fire Drill (Mary Buren) (09/23)
CODE COMPLIANCE CASES September 2022
INCIDENT TYPE This
Month
Last
Month
Year to Date
(2022-2023)
Year to date
(2021-2022)
Business License (GMC 5.04.040) 0 0 0 0
Litter Accumulation (GMC 8.12.020) 1 0 1 0
Abatement of Weeds and Rubbish (GMC 8.16.010) 0 6 10 0
Working Without Permits (GMC15.04.020) 1 0 1 0
Address Number (GMC 15.08.020 (505.1)) 3 1 8 0
Complaints (No Violation Found) 3 0 3 2
Apartment Inspections 0 1 1 0
Yearly Business Inspections 7 8 30 3
Other 0 4 6 8
TOTAL 15 20 60 13
Complaints Received 2 2 4 4
Miscellaneous This
Month
Last
Month
Year to Date
(2022-2023)
Year to date
(2021-2022)
Visitors 13 30 76 77
Public Relations 4 5 11 4
School Visits 2 1 3 0

GUADALUPE CODE COMPLIANCE
TO: PUBLIC SAFETY DIRECTOR, MICHAEL CASH
FROM: CODE COMPLIANCE OFFICER, JOSUE MERAZ
SUBJECT: MONTHLY SUMMARY OF CODE ENFORCEMENT CASES
SEPTEMBER 1, 2022 – SEPTEMBER 30, 2022
DATE: 10/01/2022

CODE ENFORCEMENT CASES
INCIDENT TYPE This
Month
Last
Month
Year to Date
(2020-2021)
Business License (GMC 5.04.040) 0 2 3
Animal Nuisance (Odor, Noise) (GMC 6.04.100 (A,E)) 4 0 8 Fowl, Livestock and Wild Animals (GMC 6.04.210) 0 0 2
Litter Accumulation (GMC 8.12.020) 1 2 11
Abatement of Weeds and Rubbish (GMC 8.16.010) 0 0 12
Burning Garbage Prohibited (GMC 8.12.150) 0 0 0
Unlawful Property Nuisance (GMC 8.50.070) 4 3 17
Graffiti Abatement (GMC 9.07.060) 0 0 2
Abandoned Vehicles/ Vehicle Covers (GMC 10.36.010) 2 2 19 Portable/fixed basketball goals (GMC 10.48.050) 0 0 0
Parking of large vehicles/trailers (GMC 10.24.190) 0 2 3 Wall,Fence,or Hedge Requirements (GMC 18.52.121) 0 0 0
Working Without Permits (GMC15.04.020) 3 0 8
Address Number (GMC 15.08.020 (505.1)) 0 0 0
Illegal Garage Conversion (GMC 18.08.120, 18.08.160) 0 0 0 Damage Fence (GMC 18.52.125) 0 0 1
Parking on Front Yard Setback (GMC 18.60.035) 0 0 8
Trailers/Mobile homes as living space (GMC 18.56.030) 0 0 1 Residential Solid Waste Collection (GMC 8.08.070) 0 0 2 Landscape Maintenance Required (GMC 18.64.120) 1 0 15
Discharge of illegal fireworks (GMC 8.24.020) 0 0 8
72hr Parking 8 5 62
Code 60 Citations 2 4 24
TOTAL 25 20 206
Complaints Received 12 10 65
Miscellaneous This
Month
Last
Month
Year to Date
(2020-2021)
Visitors 0 0 0
Public Relations (Food distribution, Covid Vaccination) 1 1 9 School Visits () 0 0 0
Agenda Item No. 6E 1c.

Agenda Item No. 6E 2.

HUMAN RESOURCES MONTHLY REPORT
September 2022

RECRUITMENT
Finance
Part-time, temporary position, Finance Intern, was filled with new employee hired 9/21/22. This is a 4/day a week, 20-week assignment. This is the temporary position being funded through ARPA.

New regular, part-time, 30-hour position being developed to assist with the utility/water payments and customer service. One job description being reviewed for reclassification.

Both planned to be presented for City Council’s review and approval at the October 25, 2022, meeting.

Emergency Preparedness Coordinator
Position was posted the latter part of August. To date there are 18+ resumes received and are currently being reviewed by Chief Cash. Projected interviews for November.

Human Resources
Written offer of employment for HR Manager was extended 9/20/22 and candidate signed and accepted offer on 9/26/22. Live Scan and post-offer physical and screen to follow with potential start date of late October.

Police
At this time there is one (1) Police Officer vacancy that can be backfilled prior to mid-year budget review. Position was posted first of September. Fifteen resumes/applications have been received as of month-end. One candidate was interviewed and had a ridealong. Panel interview to be scheduled late October/early November. A two-part interview process will be implemented.

Agenda Item No. 6E 3.

HR Monthly Report – September

Public Works
The Public Works Intern position had been posted and recruitment remains ongoing. This is a temporary, project-based assignment.

Recreation/Facilities
On Friday, September 16, 2022, panel interviews with five candidates were held for the new Lead Maintenance-Facilities/Parks position. (One candidate was a no-show.) From the four candidates seen, two were invited back to meet individually with Hannah Sanchez, Recreation Services Manager, on Wednesday, September 28, 2022. A final candidate was selected with reference checking in progress.

WORKERS’ COMPENSATION
There was a “report only” back injury in September. The employee did not seek treatment.

One claim is nearing the end of its “90-day delay” period which occurred pending further investigation. We were advised that the claim will likely be accepted by our workers’ compensation carrier, but benefits will be delayed pending a qualified medical evaluation (QME) scheduled for October 26, 2022.

One employee is out on temporary disability with a hip injury, effective 9/19/22. A qualified medical evaluation is likely to be scheduled.

COVID
• There were no reported cases of COVID or COVID exposures for September. • By the end of September, the number of cases and hospitalizations, on average, in Santa Barbara County were on the decline, similar with San Luis Obispo County. • Current guidelines from both SB and SLO Public Health Departments continue to encourage mask wearing when indoors, but no mask mandate to date. • Bivalent boosters are now available for those 12 years and older. • Masks are encouraged, but not mandated, in both counties.

RECREATION AND PARKS MONTHLY REPORT
For September 2022
Summary of Rentals/Usage for City Facilities & Parks

FACILITY THIS MONTH THIS MONTH

LAST YEAR
THIS YEARTO-DATE
(FY 22/23)
LAST YEARTO-DATE
(FY 21/22)
Auditorium/Gym 19 31 43 74
O’Connell Park 9 2 52 54
LeRoy Park 7 0 23 23
Senior Center 26 24 54 78
Veterans Memorial
Plaza
1 4 5 9
Council Chambers 7 31 15 46
Central Park 0 0 0 0
Veterans Hall 1 1 4 4
Recreation and Parks
918 Obispo Street
P.O. Box 908
Guadalupe, CA 93434
Ph: 805.356.3906
Fax: 805.343.5512
Email: [email protected]
Agenda Item No. 6E 4.

Foodbank Distribution
The Guadalupe Senior Center is one of the four Guadalupe sites used for monthly Food Bank distributions. The distribution at the Senior Center occurs on the first Thursday of every month. The volunteer team has been led by Guadalupe Mayor, Ariston Julian, and his spouse, Lourdes Ramirez.

Community volunteers work alongside city employees. Besides the on-site drive through and walkup distribution, 51 deliveries of food are taken directly to homes of elderly, disabled and/or homebound individuals and families at high risk for COVID-19. In addition to this monthly Food Bank distribution at the center, Los Amigos de Guadalupe coordinates bimonthly Food Bank deliveries to approximately 30 homes of elderly, disabled and/or homebound individuals/families at high risk for COVID-19, every other Wednesday.

For the month of August, here is info for the monthly distribution:

Families Served On Site: 182
Individuals Served On Site: 849
Families Deliveries: 12
Individual Delivered: 20
Total Families: 194
Total Individuals: 869
Facility Usage
Please see the attachments at the end of the report for all scheduled uses of facilities and parks for the month of October.

LeRoy Park
At the request of the city council locks will be placed on the BBQ pits at Jack O’Connell Park. Any and all use will need to be reserved and paid for with the Facility Rental Coordinator, Mayra Figueroa.

Drop-in Sports for ages 16+
Free Drop-in volleyball and basketball for ages 16+ are currently taking place. Drop-in volleyball is being held on Wednesdays from 6:15pm – 8:15pm in the City Hall Auditorium. Drop-in Basketball is being held on Fridays from 5pm – 7pm. The location of drop-in basketball varies depending on the availability of the auditorium on Friday nights. Participants ages 16 & 17 must provide a permission slip/liability waiver signed by a parent/legal guardian in order to participate.

This form can be found on the Recreation Page of the city website. Go to https://ci.guadalupe.ca.us/recreation/
September Events
Pinata Making in Celebration of September 16th
The Recreation and Parks Department put on a free Pinata Making time for children on Wednesday, September 15th from 1:15pm – 2:45pm since Wednesdays are early release days for the Guadalupe Union School District.

October Events

COED Adult Basketball League
The COED Adult Basketball League is cancelled due to lack of registrations.

November Events
Touch of Style Toys for Tots Car Show & Recreation Department Fabulous 50s Dance Guadalupe Sports Hall of Fame in coordination with the Recreation and Parks Department will be running a 50s themed dance as a fundraiser for the Recreation and Parks Department. All funds will go through the Guadalupe Sports Hall of Fame. All proceeds from the event will be donated to the City to be earmarked for Recreation and Parks Department use.

The Dance will take place in the City Hall Auditorium on Saturday, November 12th from 4pm – 8 pm. Kids 15 and under get in free and all other admission will be $20 a ticket. Food, drinks, music, and decorations will be 1950s themed. There will be small prizes given to the best dressed individual, best dressed couple, and best dressed rugrat (15 and under).

December Events
Color Fusion Walk/Run Part II
A second color run is currently being planned for Saturday, December 10th. The cost will be the same and will include the same registration packet. For this run, there will also be the option of participating in a 10k as well as relay races for children.

City Christmas Light Contest
The Recreation and Parks Department will be organizing a city-wide Christmas Light Contest. Nominations for various categories will be accepted from Nov. 23rd to Dec. 15th. To nominate a residence within city limits, residents should email up to three photos of the illuminated display, the address and a contact number for the entry if available to [email protected]. The nominations will be presented to the Recreation and Parks Commission to choose the winners. This will be done at the January Recreation and Parks Commission meeting. More details to come.

Respectfully,
Hannah Sanchez
Recreation Services Manager
CITY ADMINISTRATOR’S REPORT
October 25, 2022
(Information below may be subject to change)

1. City Council Chambers Zoom/YouTube Issues/Feed Drop: ITECH Solutions The City has experienced some intermittent City Council Zoom/YouTube Connection drops.

ITECH Solutions staff monitored the October 11th City Council meeting over ITECH’s RMM software to see if they could spot any drops in the network or narrow this down a bit, from what they can tell the network connectivity of the workstation is stable however they did notice a tad of jitter from the Access Point. Reviewing this further the AP62 is at End of Life as WiFi 6 is becoming the newest standard. ITECH recommends a replacement of the Ap62's ITECH will have on site in phases to get us up to the most stable and secure networking standard.

Staff is obtaining an estimate on this, anticipated cost will be minimal, less than $500. It is acceptable to use ARPA funds.

2. Tyler Financial Software Status
According to the Finance Director, Lorena Zarate, the implementation of the new accounting software, Incode with Tyler Technologies, is underway. Currently, the finance staff is testing the utility billing module and configuring the financial module. The Go-Live date for utility billing is set for end of November and the other modules will proceed subsequently based on a timeline. Staff is scheduling trainings now and the Test environment is being deployed to the workstations.

The next billing cycle, customers will be seeing a different style bill.

3. Contract Planning Director Fall Schedule
Contract Planning Director Larry Appel provided staff with the big picture of his schedule for this fall. His biggest project will be taking the General Plan to Council on November 22nd.

The Principal from EMC Planning Group, Mr. Michael Groves, will be in attendance but Larry is preparing all the staff report materials, Findings, Resolutions, etc. Due to some upcoming trips, it is going to be difficult for Larry to work on anything else. We will be utilizing Bill Scott for various planning matters.

Also, Larry must update our ADU ordinance this fall as well because if we don't, the state could deem our ordinance null and void on January 1, 2023.

4. City Needs Assessment/Grant Writing Round Table Committee On September 30th, the Mayor and City Administrator met with LADG about its future relationship with the city. It was determined that a collective group of city staff, local nonprofits and area agencies meet regularly to discuss community needs and grant possibilities.

It may be a monthly or Quartey meeting. The purpose of this meeting is for the collective Agenda Item No. 7
group to assess community needs and then determine how to pursue grants to fund and implement projects and plans to answer the needs.

City staff sent out a Doodle invite to Department Heads and local non-profits for time slots between November 1 through 7.

5. Al’s Union – Successor Agency Environmental Costs
The City is working with a new group of attorneys and a Recognized Obligation Payment Schedule (ROPS) expert (Cheryl Murase) who will help prepare ROPS 23-24 and any other business items for the Successor Agency that it wants to bring before the Oversight Board in January.

Cheryl suggested a call (like last year) with our environmental consultant (Dave Irwin) so that we can determine if there are additional remediation costs to be added on the ROPS and/or if a No Further Action letter has been issued for Al’s Union.

Tentative meeting schedule: Friday, October 21, or Friday, November 4.

Once all parties have a call regarding the remediation, staff will set up a separate call to discuss the sale of Al’s Union or the transfer to the city. This property is ripe for another economic re-development opportunity.

6. Guadalupe Cannabis Scope (NEW Services)
The City Administrator accepted a new proposal for cannabis management services for the City of Guadalupe. The scope of services for HdL is to conduct a cost-recovery fee study, assist the city with developing benefits agreements, and to conduct pre-license site visits, regulatory compliance inspections and annual revenue audits. The proposal also includes additional hours of general subject matter expertise to be used as needed by the city. The city is interested in offsetting all costs charged by HdL (i.e., development of CBA’s, pre-license site visits, annual revenue audits, compliance inspections, etc.) directly from fees charged to cannabis businesses. The City will incur no upfront or post costs, fees will be paid for by the applicant (s).

This item is scheduled be placed on the November 8, 2022, City Council meeting for consideration.

7. Veterans Building/Le Roy Park - MOU-Lease Boys & Girls Club The City Attorney has filed a complaint to serve the Post to resolve the joint shared use of the building. More to come on this matter.

The City Attorney will finalize his work on the Boys & Girls Club MOU/Lease. The city should be ready to move something forward on the Council's agenda for the November 8 meeting.

8. Historic Royal Theater
The renovation of the existing historic Royal Theater and proposed contemporary style addition attached to the theater will create incredible vibrancy to the downtown corridor.

This project, for performing arts, will create an economic multiplier effect, in the downtown business district. For those of us in front of, and behind the scenes, procuring the necessary grants to bring this project forward to this point now, should be commended.

We don’t want to lose momentum,so the City is revising the LADG contract, leaving the scope of work the same but redoing the budget to cover Mr. Brandeberry and a part-time LADG staff to complete, under his supervision/direction, administrative duties, contract administration, work. On the City side, City staff (me, especially) will be working concert with LADG on this project.

Grant proceeds will cover the cost of project/grant management.

9. Housing Element Cycle 6 – Cal Poly
Professor Cornelius Nuworsoo, Ph.D. AICP from Cal Poly who is the instructor who led the students in preparing multiple planning documents for the City of Guadalupe, which EMC acknowledged as source materials for the 2021 General Plan. The city needs to complete the Housing Element (Cycle 6). Professor Nuworsoo has provided a scope of work proposal, but it needs to be amended to include Spanish translation and publishing costs, so the total cost will be about $66,000. Without a completed Housing Element, the city will not qualify for several grants we all benefit from i.e., REAP, LEAP, CDBG, etc. Leverage a little to gain a lot.

According to the Association of Monterey Bay Area of Governments (AMBAG), the REAP representative, there was $70k unspent in REAP 1 funds. The City can amend its contract to redirect the REAP funds to pay for the Housing Element. Hence, no general funds will be spent to pay for this work. This is staff’s recommendation.

The Contract Planning Director and City Administrator will bring this item for Council to consider in November or early December.

10. Guadalupe Business Association (GBA)
The City Administrator will be talking with the GBA on November 7th. Topic: City Economic Development. This is an area that the City Administrator will take on a more proactive approach. On an ongoing basis, the City Administrator will work to promote economic vitality in Guadalupe by maintaining and expanding partnerships with the GBA, the Economic Alliance, the Santa Maria Valley Chamber of Commerce, and the Santa Maria Economic Development Commission.

2022-037-CUP Page 1 of 4 October 25, 2022
Agenda Item No. 9

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of October 25, 2022

_______________________________ _________________________________ Prepared by: Approved by:

Bill Scott, Contract City Planner Todd Bodem, City Administrator SUBJECT: Public hearing to consider a conditional use permit (2022-037-CUP) for Hwy 1 General Auto Repair, an automotive repair shop with associated outdoor vehicle staging area on property in the M-C (Industrial Commercial) zoning district at 333 and 363 Guadalupe Street.

EXECUTIVE SUMMARY:

The applicant, Mr. Antonio Alvarez Carrillo, owner of Hwy 1 General Auto Repair, is requesting approval of a conditional use permit (CUP) to allow an auto repair businessin an existing 3,500 square-foot garage.

The request includes approximately 3,000 square feet to be used for temporary outdoor vehicle storage and customer parking (Attachment 2 – Aerial Site Map). The applicant has moved into the space and started operating without benefit of a conditional use permit. Municipal Code Section 18.40.030(C) specifies an automotive repair service requires review and approval of a conditional use permit in the M-C (Industrial Commercial) zoning district.

RECOMMENDATION:

It is recommended that the City Council:
1) Receive a presentation from staff;
2) Conduct a public hearing, including a) an opportunity for the applicant to present the proposed project, and b) receive any comments from the public; and 3) Adopt Resolution No. 2022-92 approving 2022-037-CUP, including CUP Findings, CEQA Class 32 Exemption and Conditions of Approval.

BACKGROUND:

The applicant is requesting City Council approval of a conditional use permit to legally establish Hwy 1 Auto Repair in an existing garage at 333 and 363 Guadalupe Street (Attachment 2 – Site Plan). This application for a CUP is the result of a City administrative citation for operating an automotive repair business without benefit of a required conditional use permit or a City business license. Municipal Code Section 18.40.030 (C) specifies approval of a conditional use permit is required to allow an automotive repair business in the M-C (Industrial Commercial) zoning district. The owner submitted the application and fees on April 25, 2022.

Bill Scott
2022-037-CUP Page 2 of 4 October 25, 2022
DISCUSSION:

Project Description
The project site extends across the rear portion of two adjoining properties at 333 and 363 Guadalupe Street. The garage is in the back portion of a larger building identified as the Andres Reality Reserve and Creamery Building. The building is located on the property at 333 Guadalupe Street. An outdoor area, approximately 3,000 square-feet in size, is used to temporarily place the vehicles in line to be serviced.

Most of the vehicle staging area and the customer parking is located on the adjoining property to the north at 363 Guadalupe Street. The landowners of both properties have provided written authorization for use of the properties by the applicant (Attachment 4).

A twenty-foot-wide alley abuts the west side of the garage and vehicle storage area. The backyards of single-family homes are beyond the alley to the west. Various quasi-industrial/commercial uses in the M-C (Industrial Commercial) district are to the north and south of the subject properties. To the east, across Guadalupe Street, is the Amtrak Train station and transit center.

Table 1: Site Information
Location 333 and 363 Obispo Street (rear portion)
APNs 115-163-002 and 003 (rear portion)
Zoning M-C, Industrial Commercial Zoning District
Land Use Designation General Commercial
Project size 6,500 SF portion of two lots that total 1.9 total acres Present Use Hwy – 1 Auto Repair/mostly vacant Building
Surrounding Uses North: M-C, existing industrial/commercial South: M-C, existing industrial/commercial
East: G-I, existing commercial/Guadalupe Train Station
West: R-I, existing residential
CONFORMANCE TO THE ZONING CODE:

Parking: Municipal Code Section 18.60.050(D)(4) specifies auto repair shops should typically provide three (3) parking spaces for each service bay. During a recent site visit, staff observed vehicles in four work areas. Based on the above, a total of twelve (12) parking spaces would typically be required. The applicant has currently reserved three spaces for customer parking. The applicant has advocated that most of the customers receive rides to the facility to drop-off and pick-up their vehicles. No customers were present during several site visits. Therefore, staff concurs that at this time, three parking spaces appears to be sufficient to meet the current parking needs. Furthermore, the location of the auto repair business is isolated at the back side of the larger property. Thus, there is virtually no likelihood for any parking impact upon neighboring properties. The project is conditioned that, if at any time it is determined additional parking is needed, site or operational modifications could be required to accommodate additional parking spaces. Such modifications could include adjustments to the vehicle storage area, to accommodate more parking spaces. Staff believes as proposed, parking provided is adequate and no adverse parking impacts are anticipated. 2022-037-CUP Page 3 of 4 October 25, 2022
Outdoor Vehicle Storage: Approximately 3,000 square-feet has been established for short-term storage of the vehicles in line to be serviced by the mechanic, or to be picked-up by customers. The Municipal Code makes a distinction between short-term storage associated with an auto repair business and the more intensive longer-term storage, associated with a storage yard. For the purposes of this conditional use permit storage of the vehicles is intended to be temporary and associated directly with the automotive repair business. The long-term storage of inoperable, disused, or dismantled vehicles is not permitted by this conditional use permit.

Fencing: A chain-link fence is existing along the common boundary between the alley and the westerly side of the project site. Municipal Code Section 18.52.123 sets a standard for the appearance of walls and fences in the City. In this case, staff has determined that the fence is in fair to moderate condition.

Although the appearance of the fence would not appear to meet the “high standard” set by Code Section

18.52.123, given its location at the rear portion of the property, the existing fence is recommended to remain. A part of the intent of Code Section 18.52.123 is specifically expressed as follows: “Fences shall not detract from neighboring properties…”
The most visually unattractive part of the fence is the sagging three-strand barbed-wire, and the coils of razor wire at the top of the fence. Staff believes the razor wire detracts visually from the livability of the nearby residences. The project is conditioned to require the removal remove the razor wire. The threestrand barbed wire will be allowed to remain but should be tightly restrung to improve its worn and sagging appearance.

General Site Maintenance: Although the primary focus of this permit is to legalize the unpermitted auto repair business at the rear of the properties, staff has observed that the appearance at the front of the properties also warrants attention. There are bare areas where ground cover has dried-up or is missing, and shrubs and landscaped area need maintenance. Staff has noted that directly across Guadalupe Street is the Amtrak station, which now serves as the transit stop for the Guadalupe Flyer and is thus a part of a prominent “gateway” corridor in the City. The project has been conditioned to require the property owner to complete some basic landscape maintenance improvements within 90-days of approval of this conditional use permit.

GENERAL PLAN CONSISTENCY:

The M-C (Industrial Commercial) zone is applied a General Commercial General Plan land use designation. The Land Use Element of the General Plan specifically recognizes automotive services among the variety of uses envisioned for the General Commercial land use designation, it states: The businesses encouraged within this district usually include motels, automobile services and restaurants, in addition to other types of commercial activities. The proposed use is among the uses stated as appropriate for this location; and would support General Plan objectives to encourage small business in the City.

Commercial Policy #12 – “Commercial Areas shall be served by public utility infrastructure without detriment to existing systems.”
The project is located within an established inner-City portion of Guadalupe where municipal services and facilities are already in place. Thus, the project is consistent with this objective. 2022-037-CUP Page 4 of 4 October 25, 2022
-Land Use Policy #2– “To manage development to reduce construction and maintenance costs, improve infrastructure efficiency, prevent urban sprawl support community preferred lifestyles and maintain property taxes.”
The proposed project has would make utilization of an underutilized commercial property on an infill site where facilities and services are in place. The business would provide convenient services to residents who live near the facility. Thus, the project would promote for the efficient use of land and public and private resources.

CEQA REVIEW:

The current project was evaluated for consistency with CEQA, and a Categorical Exemption (Class 32) was prepared for the project. This section is used when a project is considered an “infill” development.

To utilize this exemption, the project must be consistent with applicable General Plan policies (see discussion above), the project is within the City limits and is not more than five acres in size, the site has no value for habitat for rare, endangered or threatened species, the project will not have any significant effects relating to traffic, noise, air quality, or water quality, and finally the site can be adequately served by all required utilities and public services. Since the project met all these criteria, the Class 32 exemption is appropriate.

PUBLIC NOTICE:

Staff published the required Public Hearing Notice in a newspaper of general circulation on October 14, 2022. Copies of the Public Hearing Notice were also mailed to property owners and occupants within a 300-foot radius of the subject property. The notice identified the City Council meeting on October 25, 2022.

CONCLUSION:

This conditional use permit will legally establish Hwy 1 General Automotive Repair in this location at 333 and 336 Guadalupe Street. As conditioned the project will allow for the continuation of this neighborhood serving small business; and yet will ensure the facility operates in a manner that meets applicable safety standards and is a good and compatible neighbor with the surrounding land uses.

ATTACHMENTS:

1. Resolution No. 2022-92

2. Aerial Site Map

3. Project Plans

4. Property Owner Letter Authorizing Use of 333 and 363 Guadalupe Street.

RESOLUTION NO. 2022-92

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR HWY 1 GENERAL AUTO REPAIR (2022-037-CUP) WHEREAS, Mr. Antonio A. Carrillo (the “Applicant”) submitted an application for a conditional use permit (2022-037-CUP), to legalize an unpermitted automotive repair business with associated temporary vehicle storage on the properties identified as 333 and 363 Obispo Street (APNs 115-163-002, and 115-163-003); and
WHEREAS, the properties are located in the M-C (Industrial Commercial) zoning district and Municipal Code Section 18.40.030(C) requires review and approval of a conditional use permit to allow an automobile repair and storage use in the M-C (Industrial Commercial) zone; and WHEREAS, the City Council held a duly-noticed public hearing on October 25, 2022, at which time all interested persons were given the opportunity to be heard, and notice of said hearing was published in the Santa Maria Times at least 10 days prior to the public hearing. Said public hearing notice was also mailed to all property owners within 300 feet of said property; and WHEREAS, the City Council adopts the findings made pursuant to the California Environmental Quality Act (attached as Exhibit 1 to this Resolution); and WHEREAS, after taking public testimony and hearing evidence from City staff, the City Council finds, pursuant to the Findings attached to this Resolution as Exhibit 2 and subject to the project’s Conditions of Approval attached to this Resolution as Exhibit 3, that the approval of the Conditional Use Permit, is consistent with the City’s General Plan, applicable Articles of the City’s Municipal Code.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Guadalupe does hereby find and determine as follows:

SECTION 1. The Findings set forth in Exhibit 2 to this Resolution are true and correct and reflects the independent judgement of the City Council with regard to the conditional use permit, which are hereby adopted and incorporated herein by this reference.

SECTION 2. The conditional use permit is approved, subject to the conditions of approval set forth in Exhibit 3 of this Resolution.

SECTION 3. The City Clerk shall certify as to the adoption of this Resolution.

SECTION 4. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document ATTACHMENT 1

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

PASSED, APPROVED AND ADOPTED at a regular meeting on the 25th day of October 2022 by the following vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2022-92, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held October 25, 2022, and that same was approved and adopted.

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

Notice of Exemption Exhibit 1
To: County Clerk From: City of Guadalupe
County of Santa Barbara 918 Obispo Street
123 E. Anapamu Street Guadalupe, CA 93434
Santa Barbara, CA 93101
Project Title: Hwy 1 General Auto Repair
Project Applicant: Antonio A. Carillo
Project Location-Specific: 333/363 Guadalupe Street
Project Location-City: Guadalupe Project Location-County: Santa Barbara County Description of Nature, Purpose, and Beneficiaries of Project:

The project is a conditional use permit to legally establish an existing auto repair facility in an existing garage and associated outdoor storage of vehicles awaiting repair, on a total of approximately 6,500 square feet, on two adjoining parcels totaling 1.9-acre. This project is deemed minor in nature.

Name of Public Agency Approving Project: Guadalupe City Council Name of Person or Agency Carrying Out Project: Antonio A. Carrillo Exempt Status: (check one)
__Ministerial (Sec. 15268);
__ Declared Emergency (Sec. 15269(a));
__ Emergency Project (Sec. 15269(b)(c));
XX Categorical Exemption. State type and section number: Section 15032 (Class 32) General Exemption (Section 15061(b)(3))
Reasons why project is exempt:

The primary auto repair business will occur within an enclosed garage. The building is already existing. No new construction is proposed or would occur in association with the project. An outdoor area, roughly 3,000 square-feet in size, is designated for parking and staging of vehicles waiting to be serviced or picked-by customers. The project is of negligible size on an already developed site; within an urbanized portion of the City of Guadalupe. There are no protected habitat areas in or near the project vicinity. After reviewing this minor project completely, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and therefore the activity is not subject to CEQA.

Contact Person: Bill Scott (Area Code) Phone Number/Ext: (805) 478-4778 Signature: _______ Title: Contract City Planning
Date received for filing at County Clerk’s Office: ________________ (Form prepared March 2018)

Exhibit 2

FINDINGS FOR APPROVAL
CONDITIONAL USE PERMIT (2022-037-CUP)
HWY 1 GENERAL AUTO REPAIR

1.0 CEQA Findings

1.1 CONSIDERATION OF THE CEQA EXEMPTION AND FULL

DISCLOSURE
The City Council has considered the Categorical Exemption (Class 32) together with the comments received and considered during the public review process for the project. The Categorical Exemption have been completed in compliance with CEQA and is adequate for this proposal.

1.2 FINDING OF NO SIGNIFICANT EFFECT
On the basis of the whole record, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and therefore the activity is not subject to CEQA.

1.3 LOCATION OF DOCUMENTS
The documents and other materials which constitute the record of proceedings upon which this decision is based are in the custody of the City of Guadalupe, 918 Obispo Street, Guadalupe, CA 93434.

2.0 Administrative Findings

2.1 CONDITIONAL USE PERMIT FINDINGS
Pursuant to City of Guadalupe Municipal Code, Section 18.72.050, a Conditional Use Permit shall be approved only if all of the following findings can be made:

A. The project is consistent with the General Plan.

The property has a General Commercial General Plan land use designation. The Land Use Element of the General Plan specifically recognizes automotive services among the variety of uses appropriate in the General Commercial land use designation, it states:

The businesses encouraged within this district usually include motels, automobile services and restaurants, in addition to other types of commercial activities. Thus, this automotive repair service is among those uses recognized as appropriate for this site designated under the General Commercial land use designation and zoned for M-C (Commercial Industrial) use. Furthermore, the proposed project has would make utilization of an underutilized commercial property on an infill site. The business would provide convenient services to residents who live near the facility. Thus, the project would promote for the efficient use of land and public and private resources. This is consistent with Land Use Policy #2 which states: “To manage development to reduce construction and maintenance costs, improve infrastructure efficiency, prevent urban sprawl support community preferred lifestyles and maintain property taxes.” B. That the project will not be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood of such proposed use, or whether it will be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the City.

The project has been designed and conditioned to ensure its operations will function in harmony with the neighboring residential properties. Conditions have been applied to limit work to indoor areas, ensure proper disposal of waste materials; and visual standards will restrict outdoor storage, remove unsightly razor wire, and landscape and other visual improvements will be completed. Based on the above, the project will not be detrimental to the health, safety, and general welfare of the persons residing or working in the neighborhood. The use will not be injurious or detrimental to property and in the neighborhood or to the general welfare of the City.

Exhibit 3

CONDITIONS OF APPROVAL
HWY 1 GENERAL AUTO REPAIR
(2022-037-CUP)

GENERAL CONDITIONS

1. Project Description: Subject to the conditions set forth below, this permit authorizes the improvements and uses requested by Application No. 2022-037-CUP, shown in the project plans on file with the City of Guadalupe. The project includes approval of an automotive service and repair business within and existing garage. Adjacent to the north side of the garage is an area roughly 3,000 square-feet in size, that is designated for associated temporary vehicle storage and parking. Three parking spaces are provided. The existing garage contains up to four vehicle work areas. As a part of the business operation, customers typically are provided rides to drop-off and pick-up their vehicles. The vehicles in the staging area are those waiting to be repaired or serviced and will be rotated through the shop within a reasonable timeframe. No salvage or storage yard or automobile wrecking operations are approved by this conditional use permit. The activities and uses shall operate and within the locations as shown on the approved Plans dated, September 1, 2022, attached hereto, and incorporated.

Deviations may require amendments to the permit, including CEQA review. Deviations without the above-described approval will constitute a violation of the permit approval.

2. Legal Challenges: In the event that any condition imposing a fee, exaction, or dedication is challenged by the project sponsors in an action filed in a court of law or threaten to be filed therein which action is brought within the time provided for by law, this approval shall be suspended pending dismissal of such action, the expiration of the limitation period applicable to such action, or final resolution of such action. If any condition is invalidated by a court of law, the entire project shall be reviewed by the City and substitute conditions may be imposed.

PLANNING DEPARTMENT CONDITIONS

3. Visual Site Improvements: The front area of the property currently exhibits a degree of disrepair and lack of maintenance. The site is directly across the street from the Amtrak station, which now serves as the transit stop for the Guadalupe Flyer and is thus a “gateway” corridor in the City. Within 90-days of approval of this conditional use permit the property owner shall complete the following:
• remove weeds from driveways.
• prune/trim large bushes.
• sweep dirt off sidewalk.
• Place drought tolerant groundcover in the area occupied by lawn; or otherwise maintain existing lawn in green and living condition.
• Place one or two drought tolerant specimen plants in middle of lawn area to improve appearance.
• Install drought tolerant shrubs in the dirt area at the front of the building at 363 Guadalupe Street.

In accordance with Municipal Code Section 18.64.120 all landscaped areas are to be maintained by the property owner in perpetuity.

4. Hours of Operation: Hours of operation shall be limited to 7:00 a.m. to 7:00 p.m.

Monday through Saturday.

5. Outdoor Storage Prohibited: Long-term-storage of inoperable vehicles or storage dismantled vehicles is not approved under this conditional use permit. a. Vehicle Staging Area: An outdoor area, approximately 3,000 square-feet in size is provided to accommodate the short-term storage; and primarily temporary storage of the vehicles dropped off for servicing and the vehicles awaiting customer pick-up. Short-term storage shall be limited to the areas as shown on the approved Site Plan.
b. General Site Maintenance: Outdoor Areas shall be maintained in a clean and orderly manner. Vehicles in the staging area shall not be haphazardly located but shall be arranged in a well-organized manner only within the designated staging area. The site shall be maintained free from unused or unnecessary materials and shall remain free from weeds and litter.

6. Razor Wire Prohibited: A chain link fence is existing along the common boundary between the alley and the vehicle staging area is permitted to remain. However, the worn and misshapen razor wire shall be removed from the top of the fence within 90 days of approval of this conditional use permit. The existing three-strand barbed-wire shall be allowed. Any barbed wire shall be tightly strung free from drooping or rust.

Windblown debris or litter shall be promptly removed from fencing.

7. Hazardous Materials: Use and storage of hazardous materials are limited to those small amounts of materials associated with this three-service bay automotive repair business.

All hazardous waste materials shall be properly disposed of in full accordance with state and City requirements, including but limited to Guadalupe Health and Safety Code Section 18.12.130.

8. Parking: Three (3) parking spaces are provided. This CUP recognizes, most customers will receive rides to the facility to drop-off their vehicles to be serviced and to pick-up their repaired vehicles.
a) If at such time it is determined by the City that additional parking is needed, a site or use modification shall be required by the applicant. As an example, additional parking spaces could be required within the vehicle staging area or elsewhere on the property. The site or use modification shall provide additional parking spaces to satisfy the additional parking needs as specified by Municipal Code standards.

9. Business License: A Business License is required. The applicant shall obtain a City Business License within 30-days of approval of this conditional use permit.

10. Fees: Prior to Zoning Clearance, the applicant shall pay all applicable permit processing fees in full, including but not limited to building permit fees.

11. Landscape Maintenance: In accordance with Municipal Code Section 18.64.120, all required landscaping shall be maintained in good condition. Such maintenance shall include, where appropriate, pruning, moving, weeding, cleaning, fertilizing, and watering. Whenever necessary, plant materials shall be replaced, and any structural materials included in the basic landscaping design shall be repaired or replaced.

12. Compliance with Conditions: The applicant shall comply at all times with these conditions. If complaints are filed with the City, staff will review the complaints and determine if a meeting with the applicant and complainants can resolve the issue(s). If no resolution is reached, a hearing will be scheduled before the City Council for staff to present a recommendation to resolve the issue(s). The applicant shall be responsible for the fees to cover staff’s time.

13. Construction Hours: The Owner /Applicant, including all contractors and subcontractors shall limit construction activity, including equipment maintenance and site preparation, to the hours between 7:00 a.m. and 5:00 p.m. Monday through Friday. No noisegenerating construction shall occur on weekends or State holidays. Non-noise generating interior construction activities such as plumbing, electrical, drywall and painting (which does not include the use of compressors, tile saws, or other noisegenerating equipment) are not subject to these restrictions. The applicant is advised that building inspectors and planning staff will spot check and respond to complaints.

BUILDING DEPARTMENT CONDITIONS

14. Restroom: A restroom is required to be provided for the automotive repair garage employees. [C.P.C., §422].

15. Flammable Materials: Any Flammable or Combustible Liquids used or stored in the building shall not exceed the maximum allowable quantities per control area as indicated in the California Building Code (C.B.C.) Table 414.2.5(2), provided that the materials are displayed and stored in accordance with the California Fire Code. Control areas shall comply with C.B.C., §414.2.1 through 414.2.5 and the California Fire Code.

16. Control Area: Control areas shall be separated from each other by fire barriers constructed in accordance with C.B.C. §707 or horizontal assemblies constructed in accordance with C.B.C. §711, or both as applicable. [C.B.C., §414.2]

17. Building Permit: A building permit application, plans and specifications demonstrating compliance with current California Building, Fire, Plumbing, Mechanical, Electrical, Green Building and Energy Standard Code requirements is to be submitted, and permits obtained prior to any new construction.

FIRE DEPARTMENT CONDITIONS

18. CFC 304.3.4 Dumpsters: Capacity of 1 cubic yard or more. Dumpsters with an individual capacity of 1.0 cubic yard [200 gallons] or more shall not be stored in buildings or placed within 5 feet of combustible walls, openings, or combustible roof eave lines.

19. CFC 305.1 Clearance from ignition sources: Clearance between ignition sources, such as luminaires, heaters, flame-producing devices, and combustible materials, shall be maintained in an approved manner.

20. CFC 311.2.3 Fire separation: Fire-resistance-rated partitions, fire barriers and fire walls separating vacant tenant spaces from the remainder of the building shall be maintained.

Openings, joints, and penetrations in fire-resistance-rated assemblies shall be protected in accordance with Chapter 7.

21. CFC 315.3 Storage in buildings: Storage of materials in buildings shall be orderly and stacks shall be table. Storage of combustible materials shall be separated from heaters or heating devices by distance or shielding so that ignition cannot occur.

22. CFC 315.3.1 Ceiling clearance: Storage shall be maintained 2 feet or more below the ceiling in non-sprinklered areas of buildings or not less than 18 inches below sprinkler head deflectors in sprinklered areas of buildings.

23. CFC 315.3.2 Means of egress: Combustible materials shall not be stored in exits or enclosures for stairways and ramps

24. CFC 315.4 Outside storage: Outside storage of combustible material s shall not be located within 10 feet of a lot line.

25. 407.2 Safety Data Sheets: Safety Data Sheets (SDS) for all hazardous materials shall be either readily available on the premises as a paper copy, or where approved, shall be permitted to be readily retrievable by electronic access.

26. 503.3 Marking: Where required by the tire code official, approved signs or other approved notice or markings that include the words NO PARKING-FIRE LANE shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof

27. CFC 503.4 Obstruction of fire apparatus access roads: Fire apparatus access roads shall not be obstructed in any manner including the parking of vehicles.

28. GMC 15.08.020 (503.6.2) Manually Operated Gates: All manually operated gates installed across required fire access roads or pathways and which are locked shall have a Knox brand padlock installed. The Knox padlock shall be integrated with any other lock in such a manner as to allow the gate to be opened by unlocking the Knox padlock only.

29. GMC 15.08.020 (505.1) Address Numbers: New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 6 inches (152 mm) high with a minimum stroke width of 0.75 inch (19 mm) for commercial and industrial occupancies. Where access is by means of a private road and the building cannot be viewed from the public way, a monument pole or sign or means shall be used to identify the structure. Address identification shall be maintained.

30. GMC 15.08.020 (505.1.1) Rear Door Address Numbers: All commercial and industrial buildings with access via an alley or other similar roadways shall have the address number, unit or suite number, and street name provided on or adjacent to the rear door of the building or tenant space. These numbers shall contrast with their background.

Address and suite numbers shall be Arabic numerals or alphabet letters, shall be a minimum of 6 inches (152 mm) high with a minimum stroke width of 0.75 inch (19 mm).

The street name shall be a minimum of 4 inches in height with a minimum stroke width of 0.5 inch (12.7 mm). Numbers and/or letters of larger size may be required based on the size and design of the building or group of buildings.

31. GMC 15.08.020 (505.1.2) Address Directory: All buildings, or groups of buildings served by an alley, private driveway, or similar roadway system, shall be provided with an address directory at every entrance to the property. The design of the directory shall be in accordance with standards set forth by the Fire Code Official. The directory shall be maintained by the property owner, Homeowner’s Association, or other individual or group in charge of the property.

32. GMC 15.08.020 (506.1) Where required: All new commercial occupancies shall have a Knox brand key box installed as directed by the Fire Code Official. Existing commercial occupancies shall install a Knox key box as directed by the Fire Code Official when a Building Permit is obtained for any work. The key box shall contain keys that will allow the Fire Department access to all portions of the building. The keys shall have a tag affixed identifying their purpose.

33. GMC 15.08.020 (506.1.1) Locks: All gates or similar barriers across required Fire Department access roads or pathways shall have a Knox brand padlock installed in addition to any lock placed by the property owner or tenant. The Knox padlock shall be integrated with any other lock in such a manner as to allow the gate to be opened by unlocking the Knox padlock only.

34. GMC 15.08.020 (509.1.1) Utility Identification: Where required by the fire code official, gas shutoff valves, electric meters, service switches and other utility equipment shall be clearly and legibly marked to identify the unit or space that it serves. Identification shall be approved by the Fire Code Official, readily visible and shall be maintained. (Provide a minimum of 1-inch letters for Gas utilities, a 2 inch letters for Electrical and Water utilities)

35. CFC 604.5 Extension cords: Extension cords and flexible cords shall not be a substitute for permanent wiring.

36. CFC 906.2 General requirements: Portable fire extinguishers shall be selected, installed, and maintained in accordance with this section and California Code of Regulations, Title 19, Division 1, Chapter 3. (Provide a fire extinguisher with a minimum rating of 4A:80B:C for every 50 foot of travel distance.)

37. CFC 2311.2.2 Class IIIB Liquids: Waste oil, motor oil and other Class IIIB liquids. Waste oil, motor oil and other Class IIIB liquids shall be stored in approved tanks or containers, which are allowed to be stored and dispensed from inside repair garages.

38. CFC 2311.3 Sources of ignition: Sources of ignition shall not be located within 18 inches (457 mm) of the floor and shall comply with Chapters 3 and 35.

39. CFC 2311.3.2 Smoking: Smoking shall not be allowed in repair garages except in approved locations. (Post No Smoking sign at entrance and inside facility)

40. CFC 310.3 "No Smoking" signs: The fire code official is authorized to order the posting of "No Smoking" signs in a conspicuous location in each structure or location in which smoking is prohibited.

41. CFC 2311.7 Fire extinguishers: Fire extinguishers shall be provided in accordance with Section 906.

End of Conditions
ATTACHMENT 2

SITE MAP
ATTACHMENT 3
Mr. Bill Scott &
Ms. Alice Saucedo

ANDRES REALY COMPANY
a California Corporation
1336 Morro Street
San Luis Obispo, CA 93401
(805)541-5763 Fax(805)547-1608
[email protected]
June 9, 2022
Building & Planning Department
City of Guadalupe
918 Obispo Street
Guadalupe, CA 93434
ATTACHMENT 4
Re: Application of Mr. Antonio Alvarez Carrillo and Mr. Ignacio Farias [Hwy I General Auto Repair] for a Conditional Use authorization at 333 Guadalupe Street, and the small portion of the parking/equipment yard at 363 Guadalupe Street.

Dear Mr. Scott and Ms. Saucedo:

Mr. Scott's emails received May 23, 2022, indicated a need for authority to include in the Conditional Use Permit being applied for by Mr. Antonio Alvarez Carrillo and Mr. Ignacio Farias to use the small pottion of parking/equipment yard they lease at 363 Guadalupe Street for their vehicle parking and equipment storage. Their use of that portion of parking/equipment yard is related to their service and repair of auto, truck and farm equipment in the Back Bay of 333 Guadalupe Street.

Andres Realty Company, owner of 333 Guadalupe Street is a family corporation wholly owned by Beverly Ann Andres which also manages 363 Guadalupe Street. Mrs. Andres is my mother-in-law, and my spouse, Diane Sue Jenkins, and I serve as Directors and Onicers of the Andres Realty Company.

The 363 Guadalupe Street (APN 115-163-02) is owned by the Trustees of the Revocable Living Trust of Beverly A. Andres (who I also represent). And the Trustees have authorized the Andres Realty Company to manage that industrial property. Both properties have been managed, and f
r
equently leased, together for many decades.
www.stewjenkins.com
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Agenda Item No. 10

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of October 25, 2022

_______________________________ _________________________________ Prepared by: Approved by:

Bill Scott, Contract City Planner Todd Bodem, City Administrator SUBJECT: Public Hearing to consider a Conditional Use Permit (2022-034-CUP), for Central Coast Processing, LLC to allow a cannabis distribution, cultivation-processing, and manufacturing facility at 151 Obispo Street (Assessor’s Parcel Numbers(115-210-024).

EXECUTIVE SUMMARY:

The applicant Central Coast Processing, LLC is requesting City Council approval of a conditional use permit (CUP) to allow a cannabis distribution, cultivation-processing, and manufacturing operation in an existing 60,920 building at 151 Obispo Street (Attachment 2 - Aerial Site Map). The 6.20-acre property is located in the G-I (General Industrial) zoning district. Municipal Code Section 18.44.030 requires conditional use permit review and approval for a commercial cannabis businesses involving the distribution, manufacturing, or processing, of cannabis products in the G-I (General Industrial) zone. A Categorical Exemption was prepared for the project in accordance with State CEQA Guidelines.

RECOMMENDATION:

It is recommended that the City Council:
1) Receive a presentation from staff;
2) Conduct a public hearing, including a) an opportunity for the applicant to present the proposed project, and b) receive any comments from the public; and 3) Adopt Resolution No. 2022-93 approving Conditional Use Permit 2022-034-CUP, including CUP Findings, CEQA Class 1 Exemption, and Conditions of Approval.

BACKGROUND:

State Regulations established:

On November 8, 2016, California voters approved Proposition 64, the California Marijuana Legislation Initiative, which legally established adult-use of cannabis products for adults 21 years of age and over.

The Bureau of Cannabis Control (BCC) is the lead agency that implements the cannabis statutes enacted under Business and Professions Code (26000 – 26260). Under the BCC the Department of Cannabis Control (DCC) is the state agency that licenses and regulates cannabis businesses. The DCC requires city or county permit approval before a state license will be issued. According to the DCC website, 44% of the cities and counties in the state have enacted local ordinances to permit and regulate cannabis products in their jurisdictions.

Bill Scott

City Regulations Established:

Beginning in 2021, the Guadalupe City Council initiated an extensive process to solicit public input and to assess the facts relevant to considering cannabis related businesses in the City. Among those proceedings were the following:
• March 9, 2021: The City Council opened public discussions to consider the potential for enacting local cannabis legislation.
• April 13, 2021: The City Council heard a presentation by HdL Associates, a consulting firm providing processing and tax support information to communities considering cannabis legislation.
• May 12, 2021: A noticed cannabis education and outreach workshop was held. The workshop was attended by 35 to 40 individuals. Significant discussion ensued and a substantial majority of participants expressed support for an ordinance to permit stringently controlled cannabis businesses in the city.
• May 25, 2021: The City Council adopted Ordinance No. 2021-494, repealing Municipal Code Chapter 9.21 (which prohibited cannabis uses), and adding Chapter 9.22 to Title 9 of the Guadalupe Municipal Code which allowed some types of commercial cannabis businesses. This ordinance concurrently amended sections of Title 18 of the Guadalupe Municipal Code (Zoning) to designate specific commercial and industrial zoning districts to allow commercial cannabis businesses, only upon review and approval of a conditional use permit. • August 24, 2021: The City Council adopted Resolution No. 2021-63, approving the application procedures and guidelines for commercial cannabis permits. The resolution focused largely on the competitive process for retail dispensary permits. However, it also briefly outlined the path to obtaining cannabis permits for other types of allowed uses (e.g., industrial processing), that do not require the competitive process.

Application and Selection Process:
• October 1 - November 15, 2021: The City opened up and accepted applications for commercial cannabis business permits during this time period, and Central Coast Processing, LLC (which had a different name at the time) timely submitted an application for a cannabis distribution, cultivation-processing, and manufacturing operation along with five (5) applications for retail commercial cannabis business permits. All six (6) applicants were advanced to the next stage in the process, which was an interview before the City Council. • February 6, 2022: As required by the City’s Commercial Cannabis Business Ordinance (GMC Chapter 9.22), a public meeting was held by the City Planning Director’s designees to obtain input from the community concerning the applications submitted, which information was summarized and subsequently provided to the City Council.
• April 12, 2022: Central Coast Processing, LLC and the five (5) applicants for retail commercial

cannabis business permits were interviewed by the City Council. Since Central Coast Processing, LLC was the only applicant for a cannabis distribution, cultivation-processing, and manufacturing operation CCB permit, the Council authorized it to move forward with the process, including filing for a required conditional use permit. Decisions on the remaining five (5) retail applicants was continued to allow additional documentary materials to be released to the public.

Current Proposal:

On April 18, 2022, Central Coast Processing, LLC filed conditional use permit application (2022-034-CUP) with the Department of City Planning to allow the following: 1) cannabis cultivation-processing, 2) cannabis distribution; and 3) manufacturing of certain cannabis products at the 151 Obispo Street location. Manufacturing uses will occur in the future. Under Chapter 9.22 of the Guadalupe Municipal Code, these non-retail activities did not require a competitive process. Therefore, the process to obtain a City Commercial Cannabis Business (CCB) Permit requires:
a) Conditional Use Permit (CUP) review and approval;
b) A Community Benefit Agreement;
c) An Approved Building Permit.

Project Vicinity:

As noted, Central Coast Processing, LLC proposes to reuse the existing building on the 6.2-acre property at 151 Obispo Street for its industrial cannabis operations. Directly on the north and west sides of the property is the corporate campus of Taylor Farms, a produce processing and distribution enterprise. To the south is an undeveloped lot used for truck parking by Taylor Farms. Taylor Farm’s properties are also located in the G-I (General Industrial) zone. Currently, Taylor Farms has truck access to its properties across portions of the 151 Obispo Street property through a lease agreement. To the east, across Obispo Street, are single-family residential neighborhoods in the R-1 (low density) single-family residential zoning district. State Highway Route 166 (Main Street) is approximately 400 feet to south; and State Highway One is 700 feet to the west of the subject property (Attachment 2 - Aerial Site and Vicinity Map).

Building Interior Remodel:

The 60,920 square-foot building was most recently used by a produce refrigeration and cold storage company (formerly Obispo Street Cooling). Therefore, an extensive interior remodel will be required to accommodate the cannabis processing use. Sealing the building for airtight odor control, security upgrades, and removal of abandoned or nonessential mechanical equipment are among some of the needed interior modifications. Attachment 3 - Sheets A2.0 and A2.1 provides the existing and proposed conceptual Floor Plans. The facility operations are described in detail the Discussion section below.

Exterior/Site Improvements:

Exterior improvements will include installation of perimeter security fencing, outdoor security lighting, parking lot striping, perimeter landscape upgrades and possibly additional paving and sidewalk improvements along the Obispo Street side of the property. In addition, some general site cleanup, such as removal of outmoded outdoor mechanical equipment and removal of several concrete blocks left by the previous occupant will be part of the exterior site improvement work. Furthermore, weathered portions of the building exterior will be refurbished, and the building will be repainted by the new owner/operator.

Work Shifts and Number of Employees:

The project operations will entail up to two (2) work shifts with approximately forty (40) employees during each regular work shift. Occasional Holiday/Peak season work shifts will entail approximately sixty (60) employees. Typical hours of operation are from 6:00 am. to 7:00 pm. seven days a week.

Operations and Phasing:

The operational portion of the Project will be implemented in two stages as follows:

Phase One:
• Distribution, (transportation, testing, product storage) • Processing
• Packaging
Phase Two:

Includes additional manufacturing operations, such as:
• Cartridge Filling
• Crude Oil Extraction
• Distillation
• Ice Water Hash
• Rosin
Most or all site improvements will be completed prior to occupancy clearance. The building will be repainted within one year of the approval of this conditional use permit. Interior improvements will be made in association with each Phase.

State Licensing
As noted, the activities proposed by Central Coast Processing will likely require three state license types:
1) cultivation-processing, 2) distribution, and 3) manufacturing, as follows:
1) Cultivation-Processing ( California no longer identifies a processing License by Type number).

Processing in this project will be limited to drying, trimming, and bagging cannabis. 2) Distribution (CA Type 11): The Type 11 license permits distributors to: (a) move cannabis and cannabis products between cultivation, manufacturing, or distribution locations; (b) move finished cannabis goods to retail locations; (c) provide storage services to other licensees; and (c) arrange for testing of cannabis goods.
3) Manufacturing (CA Type 6 - Non-volatile): Type 6 manufactures can use non-volatile solvents for extraction or post processing; and (a) use mechanical methods for extraction (b) make cannabis products through the infusion process; and (c) package and label cannabis products.

Non-volatile solvents are chemicals that do not produce a flammable gas or vapor. Examples include: (a) ethanol; (b) carbon dioxide; (c) cooking oils; (d) butter.

Mechanical extraction uses pressure, heat or cold to extract cannabinoids instead of using chemicals. Examples include: (a) rosin presses; or (b) dry ice.

California has a dual licensing structure; meaning, an applicant must first receive a permit from a local jurisdiction (e.g., a conditional use permit); then apply for a state license. The conditional use permit

recognizes the State Department of Cannabis Control may occasionally amend license types. The project will remain in compliance as long as a valid license/permit has been issued by the state for each of the above described uses and activities.

DISCUSSION:

The four main issues identified in association with this conditional use permit are: 1) facility operations; 2) security; 3) compatibility with the neighboring properties; and 4) Zoning Code conformance.

FACILITY OPERATIONS
Material Delivery: A maximum of four semi-tractor trailer trucks per day will deliver raw material from the various licensed grow-sites owned and operated by Central Coast Processing. The tractor-trailer trucks with covered / box beds will back up to the existing loading dock on the northwest side of the building. A “bumper" (an odor control chamber) will be installed as part of the building renovations so that the back of the truck is provided a seal to the rear of the building. The door of the truck will be opened, and the door of the building will be opened, cannabis will be unloaded through this sealed space. A truck takes approximately one hour to unload. Four trucks will be unloaded daily.

This portion of the operation has the highest potential for odor release which reduces as the plants dry.

As such, the doors will be fitted with new seals and the building will have an odor control system installed. The odor control measures are discussed in more detail in the Neighborhood Compatibility discussion below.

During Conditional Use Permit discussions, the applicant requested that deliveries be allowed to begin at 6:00 am. It is noted a noise report has concluded that, given the location of the loading dock, the 6:00 am delivery time would not have an adverse impact on the nearby residential properties. Therefore, staff concurs, and the permit is conditioned to establish hours of operation between 6:00 am and 7:00 pm seven days per week. A state license will be obtained by the owner/operator prior to commencement of the delivery operations. The applicant has indicated a Type 11 Transportation Permit is the anticipated license type required for the material delivery operations.

Drying and Bucking: The semi-tractor trailers will be unloaded, and raw plant material will be moved from the initial receiving area to the interior locations be dried. Plants will be stacked on palettes to be dried, not putting any weight on the ceiling. Once dried the plant material will be moved to the bucking room where the buds will be removed from the stems. Drying, bucking, and packaging are all part of the operations that occur typically under the State Cultivation Processing Permit.

Trimming and Packaging: Once the material has been bucked it is moved to be trimmed and packaged.

Central Coast Processing will trim the buds and package them in bulk. Material will be tested by a state licensed testing laboratory prior to release into distribution. Material will then be moved from storage areas to the loading area by Central Coast Processing personnel.

Distribution: Central Coast Processing and / or other licensed distributors will come to the facility in box trucks or vans to pick up the product and take it to locations where it will be packaged for retail delivery.

Approximately three (3) outgoing delivery box-trucks will leave the site each day. These trucks will follow the reverse of the loading procedure.

Manufacturing: No manufacturing will occur at this time. Specific manufacturing procedures will be reviewed and by staff with HdL consultantssupport prior to commencing manufacturing operations. The future manufacturing process will produce Refined Live Rosin which will be used to create a distillate of approximately 25 % to 40% THC concentration. This oil will be used to fill cartridges; no edibles or infused pre-rolls will be made. Oils distilled by others may also be utilized. If this is the case, they will enter the building through the Distribution area, under a valid CA Distribution License. All Manufacturing processes will be limited to those involving non-volatile solvents and/or mechanical methods for extraction or post processing. These processes will occur upon issuance of a Type 6 State manufacturing permit.

Cannabis Ordinance Compliance: The operations listed above will occur only in full compliance with Municipal Code Section 9.22.027 (Cannabis Ordinance). This section requires the following:

A. A valid cannabis business permit from the City.

B. A valid State of California seller’s permit; and
C. As stated above, the owner/operator shall obtain any required State licenses.

Facility Operations Conclusion: In summary, each of the cannabis cultivation-processing, distribution, and manufacturing operations proposed under this conditional use permit will occur only in the designated locations shown on the approved Plan Set and any outdoor operations will occur within the specified hours between 6:00 am, and 7:00 pm. . Each of these operations will occur in full compliance with the specifications of Municipal Code Chapter 9.22 (Cannabis Ordinance) and state licensing requirements.

SECURITY
Cameras: A 24-hour high-definition security camera system will be provided. The camera system will monitor all entrances, exits and interior spaces where cannabis or cash / currency are being stored. The system will be remotely accessible by the Police Department and will be compatible with City software and hardware. Color recordings will be available for a minimum of 90 days. A power generator capable of providing power for a minimum of 24 hours will be installed, to ensure that video equipment and door locks remain operational. See Condition 35 Camera Plan.

Sensors: Sensors will be installed to detect entry and exit from all secure areas. The sensors will be monitored by a licensed security company. A panic button will be provided.

Security Personnel: State Licensed Security Personnel will be on site 24 hours per day and will have a verified response security patrol when closed.

Entrances: Except for administrative entry, all doors will be always locked from the outside and provided with self-closing mechanisms.

Age Restrictions: As specified by Municipal Code Section 9.22.360, no persons under the age of 21 will be allowed on the premises.

The security measures listed above are consistent with Municipal Code Section 9.22.360 and have been endorsed by the City’s Public Safety Director. All the above-listed measures will be implemented continuously for the duration of the project.

Solid Waste:

Cannabis waste is that is not hazardous as defined in Public Resources Code Section 40141. Organic Cannabis Waste from this site will be blended and incorporated with non-cannabis organic material, organic waste, organic absorbents and similar. Organic material will not be co-mingled with non-organic material.

All cannabis waste will be managed, secured, and stored in designated cannabis containers, accessed by authorized company and waste hauler personnel to the satisfaction of waste hauler, and applicable state law. Cannabis waste (primarily trimmings) will be rendered to be unrecognizable and unusable, being mixed with other organics. It should be noted that most cannabis buds have a 60% to 65% water to weight ratio; much of the raw volume is lost during the drying process. Cannabis waste will be stored in labeled “Cannabis Waste Bins.” During peak production season it is estimated that one 8-yard dumpster will be picked up every two weeks by Waste Management Guadalupe.

NEIGHBORHOOD COMPATIBILITY
An established single-family residential neighborhood is near the east; and the prevailing wind typically blows from west to east in the direction of the homes. Furthermore, the driveways that provide access to the property have historically been shared by the neighboring industrial users on the north and west sides of the subject property. Thus, cannabis odors, industrial noise; and the usage of vehicle access and circulation routes are among the primary neighborhood compatibility considerations associated with this conditional use permit.

Odor Control
The Guadalupe Municipal Code Section 9.22.380 provides a standard for odor control. It provides direction as to allowable smell as follows:
“Cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the cannabis business that is distinctive to its operation is not detected outside the facility, anywhere on adjacent property or public rights-of way …” Section 9.22.380 requires the following equipment, or more effective method or technology:

1. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally.

2. An air system that creates negative air pressure between the cannabis business’s interior and exterior so that the odors generated inside the cannabis business are not detectable on the outside of the cannabis business.

In accordance with Municipal Code Section 9.22.380 outside odors will minimized to the maximum extent practicable. As a first measure, odors will be contained within the building and Central Coast Processing will seal all buildings, making them airtight. This is particularly important in the area where

tractor-trailer trucks will be unloaded. See Material Delivery, above. Should odor be detected at the property boundary, mitigation shall be as described in Conditions of Approval, No. 39, attached.

Secondly, an air filtration system with carbon scrubbers and air curtains at man-doors. Scrubbers have been sized specific to air volume in each space. A maintenance and service plan will be put in place (see Conditions of Approval, No. 39.e attached).

Field Visits:

As has been noted above, cannabis processing (drying, trimming, packaging) is a post cultivation process with limited odor production which diminishes as the plant dries. During project evaluation, Staff visited a Cultivation Processing facility in Nipomo and two greenhouse cultivation facilities in Nipomo. No odor was present at the fence of the cultivation facility. At the greenhouses, Staff was able to observe one from the right of way immediately adjacent to the facility and the other from the end of the driveway approximately 100 yards from the nearest greenhouse. No odor was experienced. However, that area of Nipomo (between Mesa Road and Eucalyptus Road) has several greenhouses. Intermittent, minor whiffs of cannabis of was present, apparently dependent on wind direction and gusts.

Based on the odor control methods applied and the site observations cited above, staff believes that potential odor impacts will be made to be minimal to the nearby residential properties.

Noise
The activities routinely associated with industrial operations can be anticipated to generate potentially disturbing noise impacts. The Plans Set indicates three 45-ton air handlers will be installed on the east side of the building. The mechanical equipment will be roughly 100 feet from the closest residential property. To ensure potential noise impacts are reduced to a level on insignificance the mechanical equipment will be contained within sound absorbing barriers.

Industrial operations, particularly outdoor operations such as operating of forklifts, are recognized to potentially result in noise impacts on neighboring residential properties. For the hours of operation, the applicant has requested to begin delivery operations at 6:00 am. A noise report has concluded the location of the loading dock, on the northwesterly side of the building, would protect the neighborhood from potential shipping and delivery noise impacts. Based on the conclusions of the noise analysis, staff concurs delivery hours may begin at 6:00 am, with no adverse noise impacts anticipated.

Community Contact: The project will provide a community contact which will be available to receive notice of any issue and the contact will work diligently to resolve any issue, including but not limited to odor or noise complaints immediately upon notice. A description of the specific measures contained in the community contact procedure will be provided to the City upon request.

Based on the above, potentially adverse odor and noise impacts are anticipated to be negligible on the neighboring residential properties.

Transportation/Driveways
As noted, four (4) semi tractor-trailer trucks are anticipated to bring raw material to the site daily; and three (3) smaller box trucks are anticipated to leave the site with finished material. A maximum of 80 employees (2 shifts of 40) is anticipated. Van pool will be emphasized, 3 to 4 vans are being considered, allowing transportation of 42 to 56 employees (14 per van).

Driveways and Vehicle Circulation Routes:

A Traffic Study projects that the current project would result in fewer vehicle trips than the previous use. Currently, a total of seven driveways provide roadway connections to the project site. However, only four (4) of the existing driveways will be used to provide accessfor the current project. All four driveways extend from Obispo Street on the east side of the property. The hierarchy of usage of the four driveways is provided as follows:

Main Driveways: As shown on the Plan Set (Sheets A1.1 and A1.2), two driveways provide for the main ingress and egress routes onto the property. The northernmost driveway and the southernmost driveway on Obispo Street, are connected within the site; and are both identified as Driveway “C” in the Plan Set (Sheet A1.2). The two driveways form a circular “loop” through the property. The southernmost driveway which is closest to State Highway 166 (Main Street) is the primary entrance for tractor-trailer trucks, workers, and most delivery vehicles. The northernmost driveway functions for trucks exiting the property. The driveway widths allow for two-way vehicle travel and ingress/egress will occur from either driveway as needed.

Limited Access Driveways: Immediately south of the northernmost Driveway “C” are two gated driveways identified as Driveways “D.” Both of these driveways provide access to an enclosed “courtyard” area. These driveways will be used to provide limited access for administrative and office personnel and for small delivery vehicles.

Closed Driveways: Immediately to the south of the Driveway’s “D” is another partially enclosed area.

Two gated driveways identified as Driveways “E” provide access to this area. Except for occasional maintenance in the area, those driveways will remain gated and locked and will not be used for daily operations.

Taylor Farms Access: The cooperate campus of the Taylor Farms produce processing and distribution enterprises are directly on the north and west sides of the project site. The trucking operations of Taylor farms has historically had agreements to access its properties across the 151 Obispo Street property. To allow for the continuation of the Taylor Farms truck access, the project will provide a through connection, across the westerly portion of the 151 Obispo site. The through connection will be established exclusively for use by Taylor Farms. The Taylor Farms access route will connect the existing driveway extending from State Highway 166 (Main Street), on the south, to the Taylor Farms receiving area on the north side of the 151 Obispo Street property.

The applicant has indicated an agreement has been reached to complete a subsequent Lot Line adjustment to reconfigure property lines and permanently establish the Taylor Farms accessway. The conditional use permit is conditioned to recognize a subsequent Lot Line Adjustment that will be submitted by the applicant. In the interim, the design of the project will allow for the continuation of both operations with no conflict in their respective access routes. Attachment 4 depicts the preliminary “lot swap” configurations proposed for the Lot Lite Adjustment. As noted, the Driveway and Vehicular

circulation plan is provided on Sheet A1.1 and Sheet A1.2 in Attachment 3. All routes established for motor vehicle access or circulation must be fully paved to City standards.

Circulation and Driveway Conclusion: The project is designed and conditioned to ensure compatibility with the neighboring industrial property to the north and west. The project is accessed by four driveways on Obispo Street on the east side of the property. However, it is noted, that the close proximity to State Highway 166 (Main Street) will limit truck traffic to a relatively short segment of Obispo Street. This segment of Obispo street has historically accommodated industrial traffic. Furthermore, a traffic study prepared for the project has concluded that substantially fewer truck trips and fewer vehicle trips overall would result compared to the traffic trips generated by the previous use. Thus, adverse traffic impacts to neighboring properties are anticipated to be negligible.

ZONING CODE CONFORMANCE
Parking:

As noted in the Project Description, the maximum peak work shift would entail 60 workers. A total of sixty (60) parking spaces will be provided in accordance with Municipal Code Section 18.60.020(D). This code section stipulatesthe required number of parking spaces can be based on the number of employees during the maximum work shift. Parking space and driveway aisle striping will be installed to meet this City standard prior to commencement to facility operations.

Surface Paving:

Municipal Code Section 18.60.030(J) specifies all designated vehicle circulation routes shall be fully paved with asphalt or an equivalent paving surface to City standards. Although most of the site is already sufficiently paved, an unpaved area roughly 35,000 square-feet in size is located on the southeasterly portion of the project site. The unpaved area is directly adjacent to the main Obispo Street driveway identified as “Driveway C.” on the Plan set. This area is conditioned to be paved to City standards prior to its usage for vehicle access. Paving of the area will also be subject to Low Impact Development (LID) stormwater control measures.

Landscape:

In this case, most of the property is already substantially covered, or will be covered with paved surfaces (Attachment 3 – Sheet A1.1 Site Plan). Furthermore, the site will be fully enclosed by slatted security fencing; and public access to the facility will be restricted. Therefore, landscaping in internal portions of the site is deemed to be impractical. Instead, the project will strive to maximize the amount of landscaped area that can be placed along the Obispo Street frontage, the most visible portion of the site.

Attachment 3 – Sheet A1.3, provides the preliminary Conceptual Landscape Plan for the project. Staff believes the easterly perimeter landscaping provides the most practical solution for this industrial site which has historically been designed to accommodate trucking operations. As shown, staff believes the landscape plan will meet the intent and purpose of landscape provisions of the Municipal Code.

Sidewalk Improvements:

The City Engineer has recommended a sidewalk should be installed along Obispo Street at the easterly project frontage. Condition 26 establishes the sidewalk requirement. The City Engineer envisions relocating an existing bus stop that is currently roughly 200 feet south of the project site to be adjacent

to the 151 Obispo Street property. The relocated bus stop and sidewalk are anticipated to better accommodate workers who may potentially use public transit to get to work. It is recognized that the sidewalk may potentially reduce the amount of space available for landscaped areas along Obispo Street.

Because of this, the applicant has expressed some reservations about installing the sidewalk. On the other hand, the sidewalk and bus stop would support the project’s Transportation Management Plan (TMP). The TMP establishes a series of measures to encourage alternative transit modes for employees; and the TMP particularly encourages bus transit for workers. The current plan set (Attachment 3 – Sheet A1.3) depicts landscape area in the easterly edge of the project site. The applicant has stated that a survey will be needed to determine the exact edge of the property where a sidewalk would be located.

Thus, to allow for the project to move forward; the project has been conditioned to require a plan revision to depict the easterly improvements at the building permit stage. The revised plans must be to the satisfaction of the City Engineer and the Planning Director and approved by them prior to building permit issuance. Condition 43 reflects the requirement for the final plan revision.

Fencing:

As noted, a slatted 6-foot chain-link fence will be established around the site perimeters to secure the property. The applicant is proposing to retain a chain-link fence with barbed wire already existing along the Obispo Street side of the property. While chain-link fencing and barbed wire is typically discouraged along public street frontages, in this case, the fence is already existing. Therefore, the fencing will be allowed to remain with some upgrades. Municipal Code Section 18.52.125 requires all fencing, particularly along public streets, to be maintained in good repair. The project is conditioned to require upgrades to the existing fencing as needed. Existing barbed-wire will be limited to three-strands and shall be replaced as needed and maintained in a tightly-strung- manner, without drooping, curing rust or other signs of wear. New fencing will be installed in other areas where no fencing is currently existing (Attachment 3- Sheet A1.2- Fencing and Security Plan). Based on the above, and given the unique security needs of the facility, the chain-link perimeter fencing is considered to be acceptable.

Outdoor Storage:

In accordance with Municipal Code 18.37.010(B), the project is conditioned to require any outdoor storage of materials or equipment must be properly screened from view off-site.

Other Site Improvements:

As noted, the site will undergo a general clean-up. Other site improvements including removal of unused mechanical equipment and the many concrete blocks previously used for bollards will be removed from the property. Portions of the metal building exterior will be refurbished or replaced, and the building will be repainted within one year of approval of this permit.

Based on the above, the project will meet applicable Municipal Code standards and the upgrades will be implemented to improve the appearance of the property.

GENERAL PLAN CONFORMANCE
The Economic Development Element of the City’s General Plan recognizes: A significant percentage of (the City’s potential) retail expenditures “leak” to Santa Maria. Furthermore, the Economic Element

notes: Jobs outside of farm work are currently somewhat limited. Thus, while residents need and deserve the usual compliment of City services, the financial base to pay for them is limited.

The project will create over 60 new industrial jobs; and thus, the project is anticipated to contribute to an improved economic base for the City. As a result, the project would support the stated Goals of the General Plan Economic Element.

Industrial Land Use Policy #23 specifies: Proposed industrial activities shall be served by service infrastructure without detriment to existing service systems.

The Land Use Element recognizes, there is a finite amount of industrial land in the City. The 151 Obispo Street project will reuse and revitalize an underutilized property that is planned and zoned for general industrial use. The 6.2-acre project site is an infill site where City services and infrastructure are already in place. Therefore, the project will support this General Plan objective to efficiently use the existing City infrastructure and service systems.

Industrial Land Use Policy # 27 states: Industrial areas should be located in an immediate vicinity of a major circulation collector and have direct access to it.

The project site is in proximity to convenient public transit service for employees. Furthermore, the property has direct access to State Highway Route 166; and State Highway One is only 700 feet to the west. The project will take advantage of its proximity to these major transportation and shipping routes to support Land Use Policy #27.

Industrial Land Use Policy #20 states: The City will provide for the quality of industrial development through the use of performance standards.

Through this conditional use permit the project is conditioned to ensure that any potential adverse impacts have been considered and appropriately mitigated. The project will meet the procedures and specifications of Municipal Code Chapter 9.22 (Cannabis Ordinance); and the use and development standards of Title 18 (Zoning). Furthermore, the design of the project has included measures to promote a harmonious interface with the neighboring properties. As designed and conditioned, the project is anticipated to be a good neighbor in this established portion of the City of Guadalupe.

Conclusion: In summary, the Central Coast Processing facility will make improvements to and reuse a vacant industrial site. The facility is anticipated to generate a workforce of 60 industrial employees in support of the General Plan Economic Element. The project is designed and conditioned and to ensure compatibility with the neighboring land uses to the east and to the west. The Central Coast Processing facility can be expected to function in a manner that will not be detrimental to the immediate neighborhood and yet will be an asset to the City as a whole.

CEQA REVIEW
An environmental assessment entitled 151 Obispo Street, Central Coast Processing Facility, was prepared by EMC Planning Group, Inc., for this project, and is dated October 11, 2022. The report

evaluated the potential environmental impacts that would result from the project; particularly in areas, including but limited to traffic, noise, and potential odor impacts. The Report determined that, as designed and conditioned, no adverse impacts would result. Furthermore, the scope of the project consists of the minor alteration and subsequent operation of an existing facility involving no expansion of the former use and no expansion of the existing structure’s footprint would occur. Thus, the new cannabis processing facility is characterized as involving no expansion of use.

Additionally, a trip generation comparison was conducted as part of the vehicle miles traveled analysis to determine if the proposed use, and its operations, would result in substantially more vehicle trips than the previous use. The analysis concluded that substantially fewer vehicle trips would be generated than was created by the former use. Therefore, the proposed project would not result in an expansion of use. It has been conclusively found that the project would not result in any intensification of use. It can be seen with certainty that there is no possibility that the use and the improvements in question would have a significant effect on the environment. Therefore, the project is not subject to CEQA. A Class 1 Notice of Exemption has been prepared for the project in accordance with Section 15391 (Existing Facilities) of CEQA Guidelines.

PUBLIC NOTICE:

Staff published the required Public Hearing Notice in a newspaper of general circulation on October 14, 2022. Copies of the Public Hearing Notice were also mailed to property owners and occupants within a 300-foot radius of the subject property.

FISCAL IMPACTS:

Adverse fiscal impacts are anticipated to be negligible. As noted, the project will re-use an already developed infill site where City infrastructure and services are already in place. The project developer will install public sidewalk and sanitary sewer improvements to the specifications of the City Engineer.

The facility will create over 60 new industrial high paying jobs; and thus, the project is anticipated to provide support to the City’s economic base consistent with the stated Goals of the General Plan Economic Element. There will be significant economic ‘spin off’ from this project. Moreover, the City is in the process of negotiating with the 151 Obispo applicant to develop a compensation agreement as a means to provide an agreed-upon community benefits, including significant revenues for the City.

ATTACHMENTS:

1. Resolution No. 2022-93, including CEQA Notice of Exemption (Exhibit 1), Approval Findings (Exhibit 2), and Conditions of Approval (Exhibit 3).

2. Aerial Site - Vicinity Map

3. Project Plans

4. Preliminary Lot Line Adjustment

5. Security Plan

6. Applicant’s Operating Plan

RESOLUTION NO. 2022-93

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT (2022-034-CUP) FOR CENTRAL COAST PROCESSING, LLC, TO

ESTABLISH A COMMERCIAL CANNABIS CULTIVATION - PROCESSING, DISTRIBUTION, AND MANUFACTURING FACILITY ON PROPERTY LOCATED AT 151 OBISPO STREET WHEREAS, Mr. Chris Bellamy representing Central Coast Processing, LLC, (the “Applicant”) has applied to the City of Guadalupe for a conditional use permit to establish a commercial cannabis cultivation-processing, distribution, and manufacturing facility in an existing 60,920 square-foot building on a 6.2-acre property at 151 Obispo Street (APN 115-210-24); and WHEREAS, the property is located in the G-I (General Industrial) zoning district and Municipal Code Section 18.44.030 specifies commercial cannabis businesses involving cultivationprocessing, distribution, manufacturing, and testing requires conditional use permit approval in the G-I (General Industrial) zoning district; and
WHEREAS, in accordance with Municipal Code section 18.72.010 the uses proposed in association with conditional use permit 2022-034-CUP have been considered by the City and the project is conditioned to ensure a secure and compatible environment is maintained for the residents and businesses in the project vicinity; and
WHEREAS, the City Council held a duly-noticed public hearing on October 25, 2022, at which time all interested persons were given the opportunity to be heard, and notice of said hearing was published in the Santa Maria Times at least 10 days prior to the public hearing. Said public hearing notice was also mailed to all property owners within 300 feet of said property also receiving notice; and
WHEREAS, after hearing evidence from City staff and taking public testimony, the City Council finds, pursuant to the Findings attached to this Resolution as Exhibit 2, including findings made pursuant to the California Environmental Quality Act, and subject to the project’s Conditions of Approval attached to this Resolution as Exhibit 3, that the approval of the Conditional Use Permit, is consistent with the City’s General Plan, applicable Articles of the City’s Municipal Code; and WHEREAS, the City Council has considered the entire administrative record, including application materials, staff report, the California Environmental Quality Act determination, and oral and written testimony from interested persons; and
WHEREAS, the City Council finds that after completely reviewing this conditional use permit, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and therefore the activity is not subject to CEQA per CEQA Guidelines Section 15301, Existing Facilities, Exhibit 1; and WHEREAS, the City Council finds that approval of the Conditional Use Permit would be consistent with the City’s General Plan, the provisions of Title 18 (Zoning Code) and Chapter 9.22 (Cannabis ATTACHMENT 1

Ordinance) of the City of Guadalupe Municipal Code; and the Council therefore has the ability to make the required findings, including findings pursuant to the California Environmental Quality Act; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Guadalupe does hereby find and determine as follows:

SECTION 1. The Findings set forth in Exhibit 2 to this Resolution are true and correct in regard to Conditional Use Permit 2022-034-CUP which is hereby adopted and incorporated herein by this reference.

SECTION 2. After reviewing the revised project description and this conditional use permit completely, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and therefore the activity is not subject to CEQA per CEQA Guidelines Section 15301, Existing Facilities.

SECTION 3. The Conditional Use Permit (2022-034-CUP) is approved, subject to the Conditions of Approval set forth in Exhibit 3 of this Resolution.

SECTION 4. The City Clerk shall certify as to the adoption of this Resolution.

SECTION 5. The Planning Director shall file Exhibit 1, Notice of Exemption, with the Santa Barbara County Clerk.

SECTION 6. The City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the City Clerk shall consult with the City Administrator and City Attorney concerning any changes deemed necessary.

PASSED, APPROVED, AND ADOPTED at a regular meeting on the 25th day of October 2022 by the folowing vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2022-93 has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held October 25, 2022, and that same was approved and adopted.

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

Notice of Exemption Exhibit 1
To: County Clerk From: City of Guadalupe
County of Santa Barbara 918 Obispo Street
123 E. Anapamu Street Guadalupe, CA 93434
Santa Barbara, CA 93101
Project Title: Conditional Use Permit for Central Coast Processing, LLC Project Applicant: Chris Bellamy
Project Location-Specific: 151 Obispo Street
Project Location-City: Guadalupe Project Location-County: Santa Barbara County Description of Nature, Purpose, and Beneficiaries of Project:

The Project involves reuse of an existing 60,920 square foot building to establish a cannabis cultivationprocessing, distribution, and manufacturing facility. The building is located in the G-I (General industrial) zoning district at 151 Obispo street in the City of Guadalupe, The building previously housed a produce cooling and distribution operation (formerly Central Coast Cooling), The current project would generate approximately 60 new industrial jobs in the G-I (General Industrial) district. Consistent with the Economic Development objectives of the City’s General Plan, the project is anticipated to provide an economic benefit for the residents of the City.

Name of Public Agency Approving Project: Guadalupe City Council Name of Person or Agency Carrying Out Project: Bill Scott, Contract City Planner Exempt Status: (check one)
__Ministerial (Sec. 15268);
__ Declared Emergency (Sec. 15269(a));
__ Emergency Project (Sec. 15269(b)(c));
XX Categorical Exemption. State type and section number: Class 1 (15301) for Existing Facilities __ General Exemption (Section 15061(b)(3))
Reasons why project is exempt:

The project consists of the minor alteration and subsequent operation of an existing facility involving no expansion of the former use. No expansion of the existing structure’s footprint would occur. Only negligible improvements to the exterior of the structure would occur (e.g., new doors, improved equipment enclosures, roof repair and repainting). For these reasons the project is categorically exempt as the new cannabis processing facility is characterized as involving no expansion of use.

Additionally, a trip generation comparison was conducted as part of the vehicle miles traveled analysis to determine if the proposed use, and its operations, would result in substantially more vehicle trips than the previous use. The analysis concluded that substantially fewer vehicle trips would be generated than was created by the former use. Therefore, the proposed project would not result in an expansion of use. It has been conclusively found that the project would not result in any intensification of use. It can be seen with

certainty that there is no possibility that the use and the improvements in question would have a significant effect on the environment. Therefore, the project is not subject to CEQA.

Contact Person: Bill Scott (Area Code) Phone Number/Ext: (805) 478-4778 Signature: _______ Title: Contract City Planner
Date received for filing at County Clerk’s Office: ________________ (Form prepared March 2018)

Exhibit 2

FINDINGS FOR APPROVAL

CENTRAL COAST PROCESSING, COMMERCIAL CANNABIS CULTIVATION-PROCESSING,

DISRIBUTION AND MANUFACTURING FACILITY
2022-034-CUP

1.0 CEQA Findings

1.1 CONSIDERATION OF THE CATEGORICAL EXEMPTION AND FULL

DISCLOSURE
The City Council has considered the Categorical Exemption (Class 1) together with the comments received and considered during the public review process for the project. The Categorical Exemption has been completed in compliance with CEQA and is adequate for this proposal.

1.2 FINDING OF NO SIGNIFICANT EFFECT
On the basis of the whole record, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and therefore the activity is not subject to CEQA.

1.3 LOCATION OF DOCUMENTS
An Environmental Assessment entitled: 151 Obispo Street, Central Coast Processing Facility, dated October 11, 2022, was prepared for the project by EMC Planning Group, Inc. The documents and other materials which constitute the record of proceedings upon which this decision is based are in the custody of the City of Guadalupe, 918 Obispo Street, Guadalupe, CA 93434.

2.0 Administrative Findings

2.1 CONDITIONAL USE PERMIT FINDINGS
Pursuant to City of Guadalupe Municipal Code, Section 18.72.050, a Conditional Use Permit shall be approved only if all of the following findings can be made:

A. The project is consistent with the General Plan.

The industrial processing facility is anticipated to employ approximately 60 individuals; and thus, the project is anticipated to support to the City’s economic base consistent with the stated Goals of the General Plan Economic Element.

Furthermore, the 151 Obispo Street project will reuse and revitalize an underutilized industrial property. The vacant building is on a 6.2-acre infill site where City services and infrastructure are already in place. The proposed use is consistent with the property’s GI (General Industrial) zoning district. Therefore, the project will support General Plan Industrial Land Use Policy #23 to efficiently make beneficial use existing City service systems.

Moreover, the project has been designed, conditioned and will be licensed by the state to ensure that any potential adverse impacts are mitigated to promote a harmonious compatibility with the surrounding land uses. As conditioned, the project is anticipated to be a good neighbor, consistent with Industrial Land Use Policy #20, which states: The City will provide for the quality of industrial development through the use of performance standards.

B. That the project will not be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or whether it will be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the City.

As noted, consistent with Industrial Land Use Policy #20 the project has been designed to ensure its operations are fully controlled to maintain compatibility with the properties in the immediate neighborhood. An Environmental Report prepared for the project assessed potential impacts; including but not limited to traffic, noise and odor; and the report concluded the project will result in no significant adverse environmental impacts.

Furthermore, this conditional use permit (2022-034-CUP) has been conditioned to ensure full compliance with the applicable provisions of Municipal Code Chapter 9.22 (Commercial cannabis Businesses), including a Community Benefit Agreement; and Title 18 (Zoning). Moreover, the enterprise will operate in full compliance with all requisite State licensing requirements pertaining to the commercial cannabis operations. Based on the above, the project will not be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood or injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the City.

Exhibit 3

CONDITIONS OF APPROVAL
2022-034-CUP

CENTRAL COAST PROCESSING, LLC

GENERAL CONDITIONS

1. Project Description: The permittee shall comply with the project description, and the approved Plan Set entitled: Central Coast Processing Cannabis Processing Facility and T.I., 151 Obispo Street, Guadalupe CA, (Attachment 3), last revised October 11, 2022.

Any changes from the project description, or conditions may require a permit amendment as determined by the Planning Director. Contact the Planning Department prior to changing anything onsite or a change in use. The property shall be maintained, operated, sold, leased, or financed in compliance with this project description, the approved plan set and conditions of approval. This Project Description establishes the general use parameters for a cannabis processing facility in the GI (General Industrial) zoning district, on the 6.2-acre property at 151 Obispo Street (APN 115-210-024).

Facility Operations: This conditional use permit establishes a cannabis cultivationprocessing, distribution, and manufacturing facility in an existing 60,920 square-foot building at 151 Obispo Street. The facility will operate under three licenses: (1) Distribution (Type 11), (2) Cultivation (Processing Only), and (3) Manufacturing (Type 6 - Non-Volatile Solvent Extraction). Activities will include, and are limited to transportation of crop materials, dry curing of the product, additional processing (trimming), and bulk packaging, as follows:

Material Delivery: Approximately four semi-tractor trailer trucks per day will deliver raw material from the various grow-sites in the region. All material deliveries will occur at the existing loading dock at the northwesterly side of the building.

This permit is conditioned to limit deliveries to the hours of between 6:00 am to 6:00 pm. All material delivery operations will occur in full accordance with the requirements of a state-issued Transportation Permit. Currently, a stateissued Type 11 Transportation Permit is required to perform these delivery operations.

Covered semi-trucks will back up to “bumpers” (a sealed odor control chamber) at the existing loading docks on the northwest side of the building and the roll up doors will open to allow forklifts to unload palettes of the plant material to be processed.

Some of these trucks will be refrigerated. It is anticipated that one truck will be unloading at one time. Unloading time is approximately one hour per truck. This portion of the operation has the highest potential for odor release. The applicant has indicated that the loading doors will be fitted with new seals which will be of benefit after material has been unloaded and the doors are closed. The building will have an odor control system installed. Refer to Odor Control - Condition 39 below. Furthermore, the City’s

odor ordinance Code Section 9.22.380 establishes odor at the limits of the property.

Please refer to Attachment 5, the Operations Plan for more details.

Drying and Bucking: The semi-tractor trailers will be unloaded, and raw plant material will be moved from the initial receiving area to the interior building dry room locations to be dried. Once dried the plant material will be moved to the bucking room where the buds can be removed from the stems. Drying, Bucking and Packaging are all part of the operations that occur under the state-issued Cultivation Processing Permit.

Trimming and Packaging: Once the material has been bucked it is moved to be trimmed and packaged. Central Coast Processing will trim the buds and package them in bulk. Material will be tested by a licensed testing laboratory prior to release into distribution. Material will then be moved from storage areas to the loading area by Central Coast Processing personnel. The locations of the delivery area and trimming and processing rooms is shown on Attachment 3- Sheet A2.1 Distribution: Central Coast Processing and / or other licensed distributors will come to the facility in box trucks or vans to pick up the product and take it to locations where it will be re-packaged for retail delivery. Approximately three outgoing delivery boxtrucks will leave the site each day.

Manufacturing: Manufacturing will occur as a later phase. Future manufacturing activities will be limited to non-volatile production techniques; and will include two types of production. Currently, both types of manufacturing processes occur under a CA Type 6 (non-volatile) Permit, as follows:
1) Ice Water Hash Rosin: A process that places the dried material into filter bags and then immerses them in cold water. The resinous trichomes (resin glands of the plant where the cannabinoids are located) are then scooped out and placed in freeze dryers to evaporate the moisture. This creates "bubble hash” a solventless concentrate that is extracted via ice water. The hash is put into pressure and heat which presses out the cannabinoids which are collected in parchment paper.
2) Distillate: Central Coast Processing will obtain bulk cannabis oil from others.

The cannabis oil is produced with an ethanol process. The oil will be placed in a rotary evaporator which spins off the oil and heats it up (to approximately 150 degrees) so that approximately 99% of the ethanol is removed from the oil. The remaining oil is run through a distillation machine several times, each pass pulls off additional fats and terpenes leaving “distillate”. Distillate will be used to fill cartridges.

Although manufacturing is envisioned to occur at a later time, all of the abovedescribed operations and activities have been analyzed and are approved under this conditional use pemit. This permit recognizes the Department of Cannabis Control

(DCC) may choose to change the name or “Type” of a permit or license. As noted, all of the above-described activities shall occur under the appropriate state licensing approval, as determined to be applicable by the DCC. Attachment 3 - Sheet A2.1 provides the Floor Plan that depicts the specific where these manufacturing activities will occur
PHASING:

The operational portion of the Project will be implemented in two stages as follows:

Phase One:
• Processing (includes packaging of raw product)
• Distribution, (Transportation, Testing, Product Storage) Phase Two:

Includes the Additional Operations of:
• Manufacturing
o Cartridge Filling
o Crude Oil Extraction
o Distillation
o Ice Water Hash
o Rosin
As noted above, each of the above-described uses, activities and operations is approved under this conditional use permit.

Work Shifts/Employees: The project operations will entail up to two (2) shifts with approximately forty (40) employees during each regular work shift. Occasional Holiday/Peak season work shifts will entail approximately sixty (60) employees.

Parking: A total of sixty (60) parking spaces are provided in accordance with Municipal Code Section 18.60.020(D). This code section establishes for required parking spaces based on the number of employees during the maximum work shift. Parking space and driveway aisle striping will be installed to City standards prior to commencement to facility operations.

Transportation: The facility will have approximately four (4) semi tractor-trailer trucks incoming and approximately three (3) outgoing vans or box trucks per day during peak season. In addition to daily employees, occasional vendors delivering ancillary materials typical of business office operations will make up the bulk of the vehicle trips generated by the facility.

Transportation Reduction Measures (TRM): The project will provide designated parking for low-emitting, fuel-efficient and carpool/van pool vehicles. The TRM measures will be implemented to the standards of the California Green Building Code

(GBC) and based on the July 2021 Amendments and updated GBC Table 5.106.5.2. In addition, the following Transportation Reduction Measures shall be implemented:
• The project will implement a program to encourage bus travel to the specifications of the Director of Public Works.
• The project will provide secure bicycle storage for a minimum of six (6) bicycles.
• The employer will provide employees with bus passes.
• The employer will provide rewards and incentives to employees who voluntarily participate in additional traffic reductions (bus, carpool, bike, etc.).

The above-described measures will be implemented as an integral part if the facilities operations.

Driveway Access and Vehicle Circulation Routes:

Currently there is a total of seven existing driveways that provide access to the 151 Obispo Street property. Four (4) of which will be used to provide access onto the Central Coast Processing project site. All four access routes are from Obispo Street on the east side of the property. The hierarchy of the use of the driveways is as follows:

Main Driveways: As shown on the Plan Set (Sheets A1.1 and A1.2), two driveways provide for the main ingress and egress. The northernmost driveway and the southernmost driveway on Obispo Street, are both identified as Driveway “C” in the Plan Set (Sheet A1.2). The northernmost driveway and southernmost driveways are connected to establish a circular “loop” through the property. The southernmost driveway which is closest to State Highway 166 (Main Street) is the primary entrance route for tractor-trailer trucks, workers, and most delivery vehicles. The northernmost driveway is providing for trucks exiting the property. Two-way travel will occur as needed.

Limited Access Driveways: Immediately south of the northernmost driveway are two gated driveways identified as Driveways “D.” Both of these driveways provide access to an enclosed “courtyard” area. These driveways will be used to provide limited access for administrative and office personnel and for small delivery vehicles.

Closed Driveways: Immediately to the south of the Driveway’s “D” is another partially enclosed area. Two gated driveways identified as Driveways “E” will provide access to this area. With the exception of occasional maintenance in the area, those driveways will remain gated and locked and will not be used for daily operations.

Taylor Farms Access: The cooperate campus of the Taylor Farms produce processing and distribution enterprises are directly on the north and west sides of the project site. The trucking operations of Taylor farms has historically had agreements to access its properties across the 151 Obispo Street property. To allow for the continuation of

the Taylor Farms truck access, the project will provide a through connection across the westerly portion of the 151 Obispo site. The through connection will be established exclusively for use by Taylor Farms. The Taylor Farms access route will connect the existing driveway extending from State Highway 166 (Main Street) on the south, to the Taylor Farms receiving area on the north side of the 151 Obispo Street property. The applicant has indicated an agreement has been reached to complete a subsequent Lot Line adjustment to reconfigure property lines and permanently establish the Taylor Farms accessway.

Condition 42 below recognizes a Lot Line Adjustment that will be submitted by the applicant within six months of the approval of this permit. In the interim, the design of the project will allow for the continuation of both operations with no conflict in their respective access routes. Attachment 4 depicts the preliminary “lot swap” configurations proposed for the Lot Lite Adjustment. As noted, the Driveway and Vehicular circulation plan is provided on Sheet A1.1 and Sheet A1.2 in Attachment 3.

All routes established for motor vehicle access or circulation will be fully paved to City standards.

Security: The Project will comply with the security requirements of Municipal Code Section 9.22. 360. Specific Security Plan details are provided in Condition 35 (Security Measures), below. Furthermore, a security plan submitted as part of the project.

Please refer to Attachment 5 - Operations Plan.

Odor Abatement: The facility and its operations will comply with the requirements of Municipal Code Section 9.22.380 (Odor Control); and will implement substantial odor control measures; including but not limited to: product delivery and shipping odor controls and specific improvements to the building to seal, contain and filter odors.

The specific odor control measures are described in Condition 39 below.

Community Contact: As noted, Central Coast Processing will provide a community relations contact to receive all notice of problems. The contact’s name and contact phone number will be provided to all residents within 1000-feet of the property boundary. Additionally, the contact names shall be provided to all businesses immediately adjacent to the project site.

The general use parameters described above in this Project Description are endorsed by the applicant and stipulate the operational specifications for the Central Coast Processing facility (2022-034-CUP) at 151 Obispo Street.

2. Indemnity: The Applicant agrees, as a condition of approval of this resolution to indemnify, defend and hold harmless, at Applicant’s expense, City and agents, officers, and employees from and against any claim, action or proceeding to attack, review, set aside, void, or annul the approval of this permit or to determine the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify the Applicant of any such claim, action or proceeding, to which City

receives notice, and City will cooperate fully with Applicant in the defense thereof.

Applicant shall reimburse the City for any court costs and attorney’s fees that the City may be required to pay because of any such claim, action or proceeding, but such participation shall not relieve Applicant of the obligation of this condition. Applicant’s acceptance of this permit approval or commencement of construction or operations under the approval shall be deemed to be acceptance of all conditions of approval.

3. Commercial Cannabis Ordinance: The uses, operations and activities approved by this conditional use permit shall take place in full accordance with the applicable provisions of the City of Guadalupe Municipal Code Chapter 9.22 Commercial cannabis Businesses. The owner/operator shall implement the provisions of Municipal Code Chapter 9.22 as determined to be applicable by the City Administrator or the City Administrator’s designee. The timing for completion each of the measures contained in Municipal Code Chapter 9.22 shall be as specified by said ordinance to the satisfaction of the City Administrator or the City Administrator’s designee.

4. Legal Challenges: If any condition imposing a fee, exaction, or dedication is challenged by the project sponsors in an action filed in a court of law or threaten to be filed therein which action is brought within the time provided for by law, this this approval shall be suspended pending dismissal of such action, the expiration of the limitation period applicable to such action, or final action. If any condition is invalidated by a court of law, the entire project shall be reviewed by the City and substitute conditions may be imposed.

CITY ENGINEER CONDITIONS

5. General: All engineering submittals and drawings prepared by the applicant’s engineer shall be signed and sealed by a California licensed Civil Engineer.

6. Title Report: Prior to construction, the developer shall provide a copy of a preliminary Title Report, no more than 6 months old to the City Engineer.

7. Fees: Park development and public facilities fees shall be paid per the master fee schedule.

8. Grading and Drainage: Submit grading and drainage plans, including a geotechnical report providing technical specifications for grading of the site and prepared by a Geotechnical Engineer, to the City and Santa Barbara County Flood Control District for plan checking and comment. Before building permits are issued, address all comments to the satisfaction of the City Engineer.

9. Improvement Plans: Upon approval of the improvement plans, the applicant shall provide a scanned pdf of the signed plans and three sets of prints of the signed improvement plans for inspection purposes.

10. Site Maintenance: The entire site shall be permanently maintained free of accumulated dirt and litter and in an otherwise neat and attractive manner and adhere to the requirements of the City of Guadalupe Municipal Code. Any graffiti on the property shall be promptly painted out. All landscaping areas in the property shall be permanently maintained with healthy, growing plant material, free from weeds.

Dead or dying plant material shall be replaced within one month of plant deterioration. Failure to comply with this condition is a public nuisance and is subject to the adopted citation ordinance of the City of Guadalupe.

11. Bonding: The applicant shall provide an engineer’s estimate for all work included on the public improvement plans. Bonds or other forms of securities shall be submitted as a guarantee for the construction of infrastructure improvements before the issuance of building permits.

12. Dedication: Before final inspections and acceptance of the public improvements, the applicant shall provide to the City Engineer record as-built drawings, signed by the engineer of record in the following method: one set of scanned pdfs, and one set of reproducible mylars.

Developer agrees to dedicate Public Works improvements to the City.

Infrastructure Improvements

13. Public infrastructure improvements shall be designed and constructed in accordance with the City of Santa Maria standards (adopted by the City of Guadalupe), and the City of Guadalupe standard drawings when available. The decision of the City Engineer shall be final regarding the specific standards that shall apply.

The developer shall obtain an encroachment permit from the Building/Planning Department prior to any work in public streets, right-of-way, or easements.

Water

14. No certificate of occupancy shall be issued until adequate fire flows are verified.

All water meters shall be placed in the parkway, adjacent to the curb. Landscape area greater than 5,000 square feet requires a separate, appropriately sized irrigation meter.

15. For service lines already connected to the utility system, water and wastewater connection fees shall be based solely on an increase in water meter size and shall be calculated and collected prior to installation of the larger meter. For new water meters (except for ADUs) full connection fees shall apply, per the 2022-2023 master fee schedule. The owner shall pay for meter and all connection fees prior to issuance of the Building Permit.

16. MWELO - show landscape square footage. Complete Appendix D, available upon request, for landscape under 2500 ft.², submit checklist, also available upon request, for landscape over 2500 ft.²
Sewer

17. All sewer lines on-site shall be privately owned and maintained. Drawings shall label all privately owned lines as such. Private sewer lines shall tie into the public sewer main using a wye connection. Sewer laterals shall not be connected to the public sewer main with a manhole.

18. City standard S – 10, Section 1.B.2 requires minimum size of 8-inch sanitary sewer for multi-residential, commercial, and industrial property. The sewer main serving this property is 6-inch. The sewer main from the property to the 12-inch sewer main on Guadalupe Street needs to be upgraded to minimum 8-inch. Alternatives the City is willing to consider include the applicant accepting the 6-inch main as a private lateral after moving any other customers off the line or restricting water capacity to only two 1-inch meters, rather than the 1.5-inch and 2-inch meters that currently exist.

Storm

19. The project shall comply with all Municipal Separate Storm Sewer System (MS4) requirements. Low Impact Development, best management practices and similar regulations and guidelines shall be met. The design shall comply with the Santa Barbara County Post Construction Requirements, Stormwater Technical Guide, and all future updates.

20. Stormwater control plans are required for all projects with new and replaced impervious surface greater than 2500 ft.² Applicant needs to include new and replaced impervious surfaces square footage on drawings and to meet all post construction requirements as required for the square footage of new and replaced impervious surfaces.

The applicant shall submit drainage calculations or an updated drainage report with the public improvement plans.

21. Submit an Erosion and Drainage Control Plan to the City Engineer for review and approval prior to construction. The plan shall reflect “Best Management Practices” as proposed in the California Regional Water Quality Control Board Erosion and Sediment Control Field Manual and shall include both temporary measures (to be used during construction, and until permanent measures are completed/established) and permanent measures. Erosion control measures shall be in place and approved by the City before the start of construction. The plan shall include both source control and perimeter containment measures. All Drainage and Erosion Control Measures shall be designed and sized by a qualified professional.

22. All storm drain infrastructure located on-site and required by the Post-Construction Requirements (PCRs) adopted by the California Regional Water Quality Control Board for the Central Coast Region shall be privately owned and maintained. a) Install Storm Drain Markers on all drainage inlets and bioretention signage on all bioretention areas.

23. Prior to final occupancy, an “Owner’s Agreement to Construct and Maintain Private Drainage Improvements for Water Quality” on all private lots where LID measures are required must be approved, signed by the owner and City, and recorded. A template is available from the City Engineer.

24. Prior to final occupancy and if required, a “Storm Water Control Measures Certification of Approval” must be signed and stamped by a California Registered Engineer, Architect, Geologist and/or Landscape Architect and submitted to the City Engineer. A template is available from the City Engineer.

Street/sidewalk

25. Applicant shall repair any cracked or broken curb, gutter, driveway, and sidewalk within the project frontage. Public Works staff will determine the extent of the sidewalk and curb and gutter repair in the field prior to construction. Driveways shall be flush with adjacent sidewalk.

26. Project requires a minimum 5-foot sidewalk along the Obispo Street frontage to facilitate use of public transit.

PLANNING DEPARTMENT CONDITIONS

SPECIAL PLANNING CONDITIONS

27. Phasing and Use Limitations: Project operations include and are limited to drying, trimming, and processing, bulk packaging, and shipping of cannabis for farms in the area. No phase of operation, activity or use shall commence until all the building, site, infrastructure, and landscape improvements associated with Conditional Use Permit 2022-034-CUP have been fully installed and completed to the satisfaction of the City.

No Commercial Cannabis Business Permit shall be issued until a Community Benefit Agreement has been executed. A final walkthrough with City Staff and HdL Consultants will be required prior to issuance.

28. Additional Permits Required: The use and/or construction of any structures or improvements authorized by this approval shall not commence until all necessary planning and building permits are obtained. Before any Permit will be issued by the Building Department, the Owner/Applicant must obtain written clearance from all City Departments having conditions. Such clearance shall indicate that the that the Owner/Applicant has satisfied all pre-construction conditions.

29. Activities Limitation: The uses, activities, processes, and operations to occur that the 151 Obispo Street facility are limited only to those as specified by this conditional use permit. All of the activities and operations approved under this conditional use permit; including but not limited to material delivery, drying and bucking, trimming, and packaging, distribution, and manufacturing shall occur only in those locations as shown on the approved Floor Plan (Attachment 3 Sheet A2.1).

30. Non-Volatile Manufacturing: Manufactures shall be limited to non-volatile solvents and/or mechanical methods for extraction or post processing.

31. Age Restrictions: As specified by Municipal Code Section 9.22.360, no persons under the age of 21 will be allowed on the premises.

32. Deliveries: The Applicant has requested that deliveries to the facility for processing shall be allowed between the hours of 6 am and 6 pm. A noise report prepared for the project, concluded that the location of the loading area would result in a negligible noise impact on neighboring properties. Therefore, delivery hours shall be permitted between the hours of 6 am and 6 pm. A Type 11 Distribution Permit, or state authorized equivalent; is required to perform delivery operations. All material delivery operations will occur in full accordance with the requirements of the applicable Distribution Permit.

33. State Licensing: The CUP shall become null and void if at any time the owner/operator fails to comply with state or City requirements for operating under a State Cannabis

Control License. Upon notice of non-compliance, the City will give the operator thirty (30) days to resolve conflicts with the state such that the permit is reinstated or reissued. A hearing for revocation will be scheduled of the state permit is not reinstated or reissued. The operator shall be responsible for all fees associated with the revocation hearing.

34. Commerical Cannabis Business Permit: In accordance with Municipal Code Section

9.22.027, no person shall engage in any form of cannabis related use or activity shall on the property until the following are implemented to the satisfaction of the City Administrator, or the City Administrator’s Designee(s). a) A valid commercial cannabis business permit from the City. b) A valid State of California permit(s); and
c) The owner/operator Is currently in compliance with all applicable State and local laws and regulations pertaining to the cannabis business and the cannabis activities, including the duty to obtain any required State licenses. d) The State of California Permit and the City Of Guadalupe Cannabis Business Permit shall be clearly displayed within the facility.

35. Security measures: Security measures shall be implemented by the owner/operator to the full specifications of Municipal Code Section 9.22.360 and the Operations Plan, attached hereto and incorporated. Immediate security measures shall include but are not limited to the following:

a) Cameras: A 24-hour high-definition security camera system will be provided.

The camera system will monitor all entrances, exits and interior spaces where cannabis or cash / currency are being stored. The system will be remotely accessible by the Police Department and will be compatible with City software and hardware. Color recordings will be available for a minimum of 90 days. A power generator capable of providing power for a minimum of 24 hours will be installed, to ensure that video equipment and door locks remain operational.
b) Sensors: Sensors will be installed to detect entry and exit from all secure areas.

The sensors will be monitored by a licensed security company. A panic button will be provided.
c) Security Personnel: State Licensed Security Personnel will be on site 24 hours per day and will have a verified response security patrol when closed. d) Entrances: All doors will be always locked from the outside and provided with self-closing mechanisms.

e) Perimeter security fencing: Security Fencing will be installed substantially in locations as shown on Plan Set Sheet A1.2 - Site Fencing and Security Plan. f) Camera Locations: Cameras will provide 24-hour security surveillance. The cameras will be of high-definition (HD) quality and will monitor: a) all entrances and exits, to and from the premises; b) all interior spaces within the cannabis business that are open and accessible to the public; c) all interior spaces where cannabis or currency is being stored for any period of time on a regular basis; and d) all interior spaces where diversion of cannabis could reasonably be expected to occur.
g) Additionally, the owner/operator shall ensure the following are implemented:
• All cameras will record in color:
• All exterior cameras shall be in weather-proof enclosures, shall be located to minimize the possibility of vandalism, and shall have the capability to automatically switch to black and white in low light conditions. • All camera surveillance equipment will be routinely maintained to ensure they are always in operational working order.
• The security surveillance cameras will be remotely accessible the City. • The applicant will ensure that security footage will be compatible with the City’s software hardware.
• Security system will be capable of remote and real-time access by the City. • Video recordings will be maintained for a minimum of 90 days and will be made available to the City upon request.
• Videos will be of sufficient quality for effective prosecution of any crime found to have occurred on the site if the cannabis business and shall be capable of enlargement via projection and/or other means. • Sensors will be installed to detect entry and exit from all secure areas and will be monitored in real time by a security company licensed by the State of California Bureau of Security and Investigative Services. • Security personnel will be on-site 24-hours a day and will have a verified response security patrol when closed.
• The project will install a power generator capable of providing power for a minimum of 24-hours to ensure all security features shall remain functioning and that locks are not released.

The above-cited security measures shall be implemented to the satisfaction of the City Administrator or the City Administrator’s designee(s) prior to commencing business operations. The requisite security measures shall be implemented 24-hours per day/ seven days per week for the duration of the facility operations, unless otherwise specified by the City.

36. Operations Plan: An Operations Plan establishes detailed procedures that the applicant proposes for management of the facility. The Operations Plan is provided as Attachment 5; and is incorporated herein by reference. Implementation of any procedure or measure described in the Operations Plan is subject to interpretation by the City and must be found to be consistent with applicable Municipal Code specifications.

37. Commercial Cannabis Business Permit: The facility at 151 Obispo Street shall operate in full compliance with a City Commercial Cannabis Business Permit.

38. Product Display of Prohibited: At no time shall there be any sign or logo on the premises which displays or exhibits any representation of a cannabis leaf, plant, or any cannabis product. A sign permit is required for any type of signage or exterior display in accordance with Municipal Code Section 18.52.140.

39. Odor Control: The owner/operatorshall be responsible to ensure odors resulting from the any part of the facility operations do not adversely affect neighboring properties.

The facility and operations approved for 151 Obispo Street will implement all the following odor control measures.

Operational:
a) Raw material will arrive in covered semi-trucks, a maximum of four (4) in one day.

The truck will be backed up against the “bumper” which provides a seal at the rear of the truck and around the roll up doors of the dock. Once the seal is complete the roll up door of the truck and of the building can be opened. Doors will not be opened until trucks are ready for unloading, doors will be closed immediately upon completion.
b) Box vans with outgoing material will be loaded in the same location. Outgoing material will be sealed in polyurethane containers. Loading will minimize the length of time that the roll up doors to the building are open. c) Cannabis waste shall be stored inside the building until it is to be removed from the property.
d) Roll-up door and shipping and receiving doors shall remain shut when not in use. e) Cannabis Waste: Waste Product containing THC will be stored in containers clearly marked Cannabis Waste. During peak season it is anticipated that a maximum of one (1) eight cubic yard dumpster will be removed every two weeks. Cannabis Dumpsters can be emptied a maximum of once per week.

Building and Structural:
a) All buildings and doors will be sealed to make them airtight to minimize the level of odor to be released to a level that does not adversely affect neighboring properties.
b) Odor control measures for the project will be designed and installed to ensure thorough and complete odor control by employing interior air filtration via Byers Scientific MT-Series carbon scrubbers, or equivalent measures, in addition to air curtains on each man door that egresses to the atmosphere. c) Calculations of the interior door volume of each separate space shall ensure the appropriate number and size of the scrubbers will achieve maximum air exchanges per hour (e.g., the main processing area in the mechanical room will contain three 6,000 CFM scrubbers), ensuring over seven exchanges per hour. d) A consistent measurement approach will be applied to all odor emitting spaces. e) Additionally, a maintenance and service plan on the odor control system will be implemented to include semi-annual testing of carbon occurs to ensure all scrubbers are operational to the maximum degree of effectiveness.

Programmatic:
a) Prior to the City approving a Community Benefit Agreement as required by the City’s Application Procedures and Guidelines for a Commercial Cannabis Business (CCB) Permit; and required by the Guadalupe Municipal Code Section 9.22.110, and prior to issuance of a CCB Permit, the City and the Applicant will work in good faith and reach an agreement to specifically identify a method to quantify odor.

This method will be used to objectively determine the amount of odor as measured at the property boundary. The agreed upon method will also determine the trigger for such a measuring evaluation and the allowable threshold of smell.

In addition, the Applicant and the City will reach agreement on how any public odor nuisances will be addressed and determine the amount of time that will be allowed to achieve a satisfactory remedy, as required by Guadalupe Municipal Code Section 9.22.489.e.2. The agreed upon method and how odor nuisances will be addressed will be incorporated in the terms of the CCB Permit.

Contingency Measures:
a) If odor is detected at the property boundary the method of abating odor will be as identified in the above-cited Community Benefit Agreement. b) The project will provide a community contact which will be available to receive notice of any issue and the contact will work diligently to resolve any issue immediately upon notice.

The above-cited measures shall be implemented to the satisfaction of the City Administrator, or the City Administrator’s designee for the duration of the project.

40. Outdoor Lighting: The preliminary outdoor lighting plan is provided in Attachment 3 - Sheet A1.2. Outdoor lighting fixtures shall meet full cutoff dark-sky specifications. To the maximum extent practicable outdoor lighting fixtures shall be motion detection.

Outdoor lighting fixtures shall not exceed twelve (12) feet in height. An outdoor lighting plan shall be submitted to the City for review and approval prior to issuance of a building permit.

41. Site Driveways: Seven driveways currently provide access to the 151 Obispo Street property. Four (4) driveways will provide for routine daily vehicular access to the project site. The four driveways access the property from Obispo Street on the east side of the property; and are identified on Attachment 3 - Sheets A1.1 and A1.2 of the approved plan set as follows:
a) Primary Driveway – Obispo Street South: The primary access route to accommodate semi tractor-trailer trucks, workforce vehicles; and most service and delivery vehicles shall be provided by the southernmost driveway on Obispo Street. This southernmost ingress/egress route is identified as “Driveway C” on the approved plan set.
b) Secondary Driveway – Obispo Street North: Secondary ingress/egress is provided from the northernmost driveway on Obispo Street (also Identified as Driveway “C” on Plan Sheet A1.2). This gated driveway will mainly provide for truck egress. However two-way access will occur as needed. c) Limited Access: Two driveways identified as Driveways “D” in the approved plan set will be gated and will provide limited access to the northerly enclosed “courtyard” area. These driveways will be used primarily by administrative and office staff and forsmaller service and delivery vehicles. A parking striping plan for the area shall be provided prior to builsinf permit approval d) Driveways Closed: Two driveways, identified as Driveways “E” on the approved plan set provide access to an enclosed gated area just south of the designated “Driveway “D” service area. The area accessed by the two “E” driveways shall not be used for daily operations. Except for use for occasional service or maintenance operations, those driveways shall remain gated and locked.

Emergency Fire department access shall be made available to all gated areas. e) Taylor Farms Access: As shown on the approved plan set, a through driveway and truck parking connection will be established for use exclusively by the neighboring Taylor Farms cooperation. The Taylor Farms access route will connect the existing driveway extending from State Highway 166 (Main Street) to the south to the Taylor Farms receiving area on the north side of the 151

Obispo Street property. The alignment and boundaries of the Taylor Farms access route and parking area shall be as shown on the approved Plan Set, Attachment 3 - Sheet A1.1, attached hereto and incorporated by reference.

The locations and usage of each of the driveways is as shown on the approved plan set Attachment 3 – Sheets A1.1 and A1.2 and incorporated herein by reference.

42. Lot Line Adjustment: Within six months of the approval of this conditional use permit, the applicant shall submit to the City, an application for a Lot Line Adjustment. The Lot Line Adjustment will modify the lot lines between the 151 Obispo Street property (APN 115-210-024) and the adjoining Taylor Farms properties (APNs 115-210-020 and
115-210-026). The property boundaries to be modified by the Lot Line Adjustment are as shown preliminary on Attachment 4; and incorporated herein by reference.

43. Plan Revisions: This conditional use permit recognizes minor plan revisions may be required upon completion of a final survey of the property by a licensed land surveyor. Revisions to areas including, but not limited to landscaped areas, potential sidewalk placement, and fencing alignments may be considered prior to the building permit review process. Any Plan revisions shall be found by the Zoning administrator or the Zoning Administrator’s designee to be in substantial conformance with the plan set and Exhibits approved by the City Council.

44. Parking: A total of sixty (60) parking spaces are provided to accommodate workforce parking needs. All required parking spaces shall be striped to Municipal Code standards, prior to an occupancy clearance. Parking spaces shall be double striped to City standards.
a) Additional parking spaces may be required in the area on the east side of the building recently designated for administrative and office personnel access and deliveries.
b) The final parking and striping plan shall be provided to the Planning Department for review and approval prior to issuance of a Zoning Clearance.

45. Driveway Standards: In accordance with Municipal Code Section 18.60.140 all driveway aisles shall have a minimum width of twenty (20) feet for two-way vehicle circulation and one-way-driveways shall be a minimum of twelve (12) feet in width.

46. Paving Required: All driveways, vehicle circulation areas, parking areas and motor vehicle storage areas shall be fully paved to the specifications of Municipal Code Section 18.60.030(J). Any such unpaved surfaces shall be fully paved to City standards prior to any vehicular access use.

47. Unpaved Areas: Unpaved areas shall not be used for motor vehicle access or vehicle circulation routes. Any unpaved surfaces shall be leveled and maintained in a manner to eliminate the potential for lingering puddles or ponding water.

48. Truck/Vehicle Storage: Vehicle storage on Obispo Street is prohibited. All trucks and vehicles associated with the facility at 151 Obispo Street shall be staged or stored onsite.

49. Noise Mitigation: The following measures shall be implemented to ensure noise impacts are minimized on neighboring residential properties:

a. Mechanical Equipment: Mechanical equipment including but not limited to air handlers shall be contained in sound reduction enclosures or equivalent measures to ensure noise impacts are minimized to the neighboring residential properties. b. Hours of Operation: A noise report concluded no noise impact would result from the 6:00 am delivery time. Therefore, deliveries shall be limited to the hours of 6:00 am. to 6:00 pm. Oterwise, general hours of operation are from 6:00 am. to 7:00 pm.

50. Concrete Block Removal: Within ninety days of approval of this permit the nonuniform blocks of concrete provisionally used as bollards by the previous occupant shall be removed from the project site.

51. Outdoor Storage: Outdoor storage of goods, materials, equipment, and vehicles shall only occur in designated areas screened from public view.

52. Building Exterior: The building exterior shall be refurbished. Exterior improvements shall include, but are not limited to repair, or replacement of worn, weathered or damaged metal siding and/or exterior roof panels, and repainting of the entire structure. The exterior improvements and repainting shall be completed to the satisfaction of the Planning Department within one-year of the approval of conditional use permit 2022-034-CUP.

53. Landscape: Prior to an occupancy clearance, landscape materials shall be planted to the satisfaction of the Planning Director or the Planning Director’s designee. A conceptual landscape plan is provided as Attachment 3 – Sheet A1.3). The Zoning Administrator or the Zoning Administrator’s designee shall retain the discretion to require amendments to the conceptual landscape plan prior to building permit approval.
a) Final landscape and irrigation plans shall be submitted by the Applicant to the City for review and approval prior to issuance of building permit(s). All landscaping and irrigation shall be completed and installed prior to the first

Occupancy Clearance. Failure to comply with the requirements could jeopardize issuance of the occupancy clearance.
b) Trees and larger shrub plantings shall be selected to be generally symmetrical and installed in healthy condition. Any damaged or otherwise unhealthy plant material shall be immediately removed and replaced.
c) To minimize the potential for bent or leaning, or misshapen trees, tree plantings shall be firmly staked until determined to be established as vertical and upright, and not susceptible to wind damage or leaning. d) All shrubs and plants shall be of a minimum size of one gallon, or equivalent, at the time of installation, and all trees shall be of a minimum size of fifteen (15) gallons, or equivalent, at the time of installation. e) The Property Owner(s) and their successors shall be responsible for the longterm maintenance of the landscaped areas. All required landscaping shall be maintained in good condition. Such maintenance shall include, where appropriate, pruning, moving, weeding, cleaning, fertilizing, and watering.

Whenever necessary, plant materials shall be replaced, and any structural materials included in the basic landscaping design shall be repaired or replaced.

54. Fencing/Gates: Fences and gates shall be installed substantially as shown on the approved Plan set. Fencing, approved to remain along the Obispo Street frontage, shall be repaired or otherwise upgraded and maintained to exhibit a high-quality appearance. In accordance with Municipal Code Section 18.52.125(B) any existing fencing proposed to remain on-site shall be not reflect any substantial wear or damage. All parts of perimeter fencing, including, but not limited to posts, slats, and fencing, shall be maintained in good repair and in a directly vertical position to the satisfaction of the Planning Department. The final alignment and design of all fencing shall be submitted for review and approval by the Planning Department prior to issuance of a a building permit.

55. Barbed-Wire: A maximum three-strand barbed-wire fencing is permitted on the top of permitted fencing. Barbed wire shall be maintained in a tightly strung manner, rustfree, without sagging or drooping. Any wind-blown litter or debris shall be promptly removed from fencing. Any existing barbed wire shall be removed and replaced. Razor wire is prohibited.

56. Revocation: In accordance with Municipal Code Section 18.72.140 (A), this conditional use permit may be revoked by the City Council in the manner hereinafter set forth if any of the conditions or terms of such permits are violated. Before the City Council considers revocation of any permit, the City Administrator or his/her designee shall hold a hearing thereon after giving written notice thereof to the permittee at least 10

days in advance of the hearing. Within 5 days after the hearing, the City Administrator, or his/her designee shall transmit a report of its findings and its recommendations on the revocation to the City Council.

STANDARD PLANNING CONDITIONS

57. Commencement of work: The applicant shall notify City Planning Department and City Building Department staff of the start date for construction at least five (5) working days in advance of the start of work. This notification shall also include an estimated construction schedule and a truck haul route for demolished and recycled materials.

The applicant shall also notify City staff of the completion of construction and demolition work no more than one working day upon completion.

58. Plans Requirements: The Owner/Applicant shall ensure all applicable final conditions of approval are printed in their entirety on applicable pages of grading/construction or building plans submitted to the Building Department.

59. Contractor and Subcontractor notification: The Owner/Applicant shall ensure that potential contractors are aware of City conditions and requirements.

Owner/Applicant shall notify all contractors and subcontractors in writing of the site rules, restrictions, and Conditions of Approval and submit a copy of the notice to Planning Staff.

60. Construction Hours: The Owner/Applicant, including all contractors and subcontractors shall limit construction activity, including equipment maintenance and site preparation, to the hours between 7:00 a.m. and 5:00 p.m. Monday through Friday. No-noise generating construction shall occur on weekends or state holidays.

Non-noise generating interior construction activities such as plumbing, electrical, drywall and painting (which does not include the use of compressors, tile saws, or other noise- generating equipment) are not subject to these restrictions. The applicant is advised that building inspector and planning staff will spot check and responds to complaints.

61. Fees: Prior to issuance of a building permit, the applicant shall pay all fees due to the Planning Department and those applicable fees to Building at the time of permit issuance.

62. Recycling: Excess construction materials and demolition materials shall be recycled to the extent feasible and proof of recycling in the form or receipt from the recycling facility noting recycled materials and amounts shall be provided to City staff.

63. Security: Any identified illegal activity shall be immediately addressed and terminated by the property management.

64. Fence and Wall Maintenance: Fences and walls shall be maintained in an upright vertical and unbroken condition and in accordance with Municipal Code Chapter

12.52.125. Any graffiti shall be removed within 48-hours.

65. Plans Requirements: The Owner/Applicant shall ensure all applicable final conditions of approval are printed in their entirety on applicable pages of grading/construction or building plans submitted to the Building Department.

66. Time Limitation: This conditional use permit is valid for a period of two years from the date of its issuance. The permit shall become null and void if a building permit is not implemented, to the satisfaction of the Planning Director, within the two-year period.

67. Time Extensions: All Projects: The Owner/Applicant may request a time extension prior to the expiration of the permit or entitlement for development. The review authority with jurisdiction over the project may, upon good cause shown, grant a time extension in compliance with City rules and regulations, which include reflecting changed circumstances and ensuring compliance with CEQA. If the Owner/Applicant requests a time extension for this permit, the permit may be revised to include updated language to standard conditions and/or mitigation measures and additional conditions and/or mitigation measures which reflect changed circumstances or additional identified project impacts.

68. Site Maintenance General: The site shall be kept clean with regular pick up of any trash accumulating on the property as stipulated under the provisions of Municipal Code Section 8.50.070.

69. Zoning Clearance: No Building Permit shall be issued until a Zoning Clearance has first been issued by the City.

70. Compliance with Conditions: The applicant shall always comply with these conditions.

If complaint is filed with the City, staff will review the complaints and determine if a meeting with the applicant and complainants can resolve the issue(s). If no resolution is reached, a hearing will be scheduled before the City Council for staff to present a recommendation to resolve the issue(s) The applicant shall be responsible for the fees to cover staff time.

71. Public Nuisance: Any public nuisance determined to be significant by the City can result in a public hearing before the City Council. The Council, after revieing staff input and public comment will determine if the facility is operating within the approved conditions of approval. If the operations is found not to be compliant with the conditions, a decision could be made to amend or add conditions or to revoke the permit altogether. The operator is responsible for City fees to process the nuisance hearing.

72. Expiration Date: 18.72.130 Any conditional use permit or variance granted in accordance with the terms of this title shall be null and void if not used within one year from the date of the approval thereof, or within any shorter or longer period of time if so designated by the Planning Commission or City Council. (Ord. 189 Art. 5 §4, 1980)

73. Agreement to Comply: Approval of this Conditional Use Permit is not valid until the property owner or authorized agent signs and returns the Agreement to Comply form, agreeing to the terms and Conditions of Approval. The signed form must be submitted to Planning Department prior to issuance of a Zoning Clearance.

74. Signs: All proposed signs shall comply with the sign ordinance (Municipal Code Section

18.52.150). A zoning clearance shall be processed for all requested signs.

BUILDING DEPARTMENT

75. Accessibility: Identify an accessible path of travel from the public way to the accessible building entrance.

76. Hazardous Materials: The provisions of C.B.C., §414.1 through §414.6 shall apply to buildings and structures occupied for manufacturing, processing, dispensing, use or storage of hazardous and flammable materials or liquids. a) Prior to the Building Department’s First Phase Building Permit approval, a report shall be submitted to the building official identifying the maximum expected quantities of hazardous materials to be stored, used in a closed system, and used in an open system, and subdivided to separately address hazardous material classification categories based on C.B.C., Tables 307.1(1) and 307.1(2).
b) The methods of protection from such hazards, including but not limited to control areas, fire protection systems and Group H occupancies shall be indicated in the report and on the construction documents. The opinion and report shall be prepared by a qualified person, firm or corporation approved by the building official and provided without charge to the enforcing agency. c) A complete inventory of Types, Quantities and Stored Locations of Hazardous, Flammable Materials and Liquids are to be identified. Material Safety Data Sheets are to be provided for each Hazardous, Flammable Material, or Liquids to be used or stored.

77. Design Professional Required: Construction plans for the project shall be prepared signed and sealed by a California registered design professional, i.e., architect or engineer.

78. Permits: A building permit application, plans and specifications demonstrating compliance with current California Building, Fire, Plumbing, Mechanical, Electrical, Green Building and Energy Standard Code requirements is to be submitted, and permits obtained prior to construction.

PUBLIC SAFETY DEPARTMENT (FIRE - POLICE) CONDITIONS

79. Public Safety Impact Fee: The project applicant shall contribute the necessary funding to provide improvements necessary to meet demands created by such development at established City service level standards. The applicant shall pay a fee equal to $0.10 per sq, ft. of proposed project for the Public Safety Department prior to the issuance of a certificate of occupancy.

80. Fire Codes: The project applicant shall comply with all adopted 2019 California Fire Codes requirements as well as all adopted code amendments under Guadalupe Municipal Code section 15.08.020 and 15.08.030 at the time of plan review.

81. Plans: Provide final layout Site Plans with the location of Utilities, Services, Special Traffic Patterns (If applicable), and unit layouts by floor in PDF format to the Fire Department.

82. Operational Permits: Obtain all required Operational permits as required by Section 105.6 of 2019 California Fire Code.

83. Containers: CFC 304.3.3 Capacity exceeding 1.5 cubic yards. Dumpsters and containers with an individual capacity of 1.5 cubic yards or more shall not be stored in buildings or placed within 5 feet of combustible walls, openings, or combustible roof eave lines.

END OF CONDITIONS
ATTACHMENT 2

SITE MAP

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CENTRAL COAST PROCESSING

CUP/ RENOVATION

PROCESSING FACILITY
151 OBISPO STREET
GUADALUPi:, CA
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ATTACHMENT 5

14 | P a g e
2) Schedule
a) The project will be completed in two stages
i) Phase One will see a potential finished buildout in April of 2022 with a proposed operation start date of July 2022
(1) Phase One will consist of a microbusiness with Distribution (transportation, COA testing, product storage), Cultivation (processing only), and Manufacturing (packaging) ii) The buildout for Phase Two will be completed April 2023 (1) An additional building used for extraction and C1D1 will be added and permitted Daily Operations
1) Summary of Operations
a) 151 Obispo, LLC will engage in a microbusiness with the activities of distribution, cultivation (processing), and manufacturing (extraction)
b) Up to 80 employees will be contracted out through local temp agencies and will be hired through job fairs
c) Phase One includes
i) Distribution
ii) Cultivation Processing
iii) Manufacturing
(1) Cartridge filling
d) Phase Two includes the additional operations
(1) Manufacturing
(a) Crude Oil Extraction
(b) Distillation
(c) Ice Water Hash
(d) Rosin
2) Distribution Daily Operations
a) Drivers
i) 151 Obispo, LLC will employ up to ten drivers at max operation capacity. Upon commencement of operations, four drivers will be employed b) Hours of Delivery
i) Deliveries to the facility will occur from 6 am to 6 pm ii) Deliveries to other facilities will be scheduled no later than 6 pm c) Vehicles
i) The following vehicles will be leased to 151 Obispo, LLC 1997 Peterbilt 379
License: WP29300
2017 Peterbilt 579
License: WP29300
2012 Peterbilt 386
License: XP45866
2018 Ford F450
License: 53271U2
2015 Freightliner Cascadia
License: F8574585
2019 Peterbilt 389
License: XP95879
2015 Freightliner Cascadia
License: XP37318
2020 Peterbilt 389
License: XP78443
2016 Freightliner Cascadia
License: XP95870
2022 Peterbilt 389
License: YP13427
ATTACHMENT 6
15 | P a g e
d) Transportation Security
i) Vehicles will be equipped with an alarm system, and alarm systems that will make piercings sounds if the vehicle has been compromised either by burglary or destruction ii) An alert system will also notify owners and drivers of any breeches of security iii) Drivers will ensure that all door locks are secured before leaving the facility for delivery or pick up
iv) Drivers will make sure that they are asked for verification whenever arriving at another facility
v) Drivers will also ask employees of other facilities to provide their identification for verification
vi) Drivers will always make sure to have the following in their vehicle:
(1) Completed Shipping Manifest for all products to be transported to or picked up from a licensee (2) Proof of Registration for the vehicle under the name 151 Obispo, LLC (3) Proof of insurance for the vehicle under the name 151 Obispo, LLC (4) Copy of Motor Carrier Permit
(5) State Distributor License
(6) Transportation Procedures
e) Inventory Procedures (Distribution)
i) When receiving shipments of product:
(1) Verify integrity of cannabis products and cannabis components using the Quality Control Plan to inspect incoming shipments
(2) Enter in all the required information into the Track and Trace software (3) Each batch/lot will need an Inventory Disposition Form to document the location of each as it moves throughout the facility. It will need to record the following information (a) Batch or Lot Number
(b) UID Number
(c) Date of receipt
(d) Location
(e) Consecutive dates when moved
(f) Location where product is moved to
(g) Date of Packaging
(h) Date of Labeling
(i) Date of exit from facility
ii) Inventory Accounting
(1) 151 Obispo, LLC will be able to account for all inventory and provide the status and disposition of all goods to regulators upon request.
(2) Accounting of all inventories will be conducted, at a minimum, every 30 days (or more frequently as needed)
(3) If 151 Obispo, LLC finds a discrepancy between the inventory of stock and the inventory log (or Track and Trace system) that is outside of 3% of the stock inventory, the Compliance/ Inventory Manager will commence a full internal audit of its inventory. (4) Where a discrepancy remains, 151 Obispo, LLC will initiate an internal investigation to identify the source of the discrepancy.
(5) If the discrepancy is discovered to be a true discrepancy, the Department and local law enforcement will be notified within 24 hours and a police report will be filed. (6) Records will be kept accurately and legibly, and shall be available to the Department and city of Guadalupe at their request
f) Quality Control Procedures (Distribution)
i) Upon delivery of incoming stock items from manufacturers/cultivators (vendors), it is the responsibility of the inventory associate to quarantine the received items and check the quality of all incoming goods to ensure that proper quality control standards are maintained in accordance with 151 Obispo, LLC's policy.
ii) The Inventory associate is to open all received boxes/packages of product and then visually and physically inspect items in accordance with the expected quality of the specific line item received 16 | P a g e
iii) When inspecting packaged edibles, packaging and quantities must be validated to ensure packaging meets all regulations and standards in accordance with current California law iv) You must inspect that the dosage is accurate and that the packaging is properly sealed and labeled according to California regulations and company standards. v) When inspecting packaged flower, packaging must meet and adhere to all the state mandated regulations; you must ensure that quantities and descriptions are accurate as reflected by the vendor invoice.
vi) If flower is not packaged yet, each container must have a batch label with the following information:
(1) Name of Cultivator
(2) Batch Number
(3) UID Number
(4) Date harvested
(5) Date Received (filled in during delivery)
vii) If no batch label is attached, 151 Obispo, LLC will attach their own batch label viii)When inspecting cartridges, packaging must meet and adhere to all state mandated regulations; you must visually inspect overall color, clarity, and quality, as well as spot checking for any noticeable leaks and/or defects. You also need to check that all the regulatory labeling and packaging requirements have been met.
ix) Use the Packaging and Labeling Checklists and the Prop 65 Checklist for each incoming batch. x) The Cannabis Packaging and Labeling Checklist is used for unmanufactured cannabis products, and the Manufactured Product Packaging and Labeling Checklist is used for all manufactured cannabis products to make sure that each unit in a batch adheres to the Packaging and Labeling Standards of the DCC.
xi) The Prop 65 Checklist is used to make sure that the Prop 65 state requirements have been met. xii) For purposes of accuracy, net weight of cannabis in packaged flower can be within 3% of the reported weight
g) Lab Sampling Procedures (Distribution)
i) Testing Arrangements
(1) 151 Obispo, LLC will contact a licensed laboratory and arrange for sample collection and testing within 3 business days of receiving cannabis goods from another licensee. (2) Before arranging for a new lab to pick up samples, 151 Obispo, LLC will request from the lab a sample Certificate of Analysis to ensure compliance with Phase 3 of testing. ii) Sample Collection
(1) Video surveillance will document the entire sample collection process as follows:
(2) The batch number will be superimposed as text into the beginning of each video. (3) Recordings will be stored for 180 calendar days per Guadalupe Municipal Code (4) Cannabis goods will be removed from Quarantine using the Inventory Disposition Form and will be moved into the lab sampling area.
(5) An employee of 151 Obispo, LLC will accompany the employee from the licensed lab collecting the sample for the duration of the visit and shall ensure the following:
(6) A compliant ID badge must be easily identifiable on each employee that enters the room. (7) Sample increments are taken from throughout the batch (8) After the sample has been collected, the employees from 151 Obispo, LLC and the laboratory will sign the laboratory-provided Chain-of-Custody form.
(9) If this form is not provided, send an email to the DCC right away for liability reasons. (10)Cannabis goods that are awaiting test results will be moved into a designated portion of Quarantine dedicated to goods awaiting results
(11)A batch that has already been tested under the provisions for compliance regulatory standards shall not be re-tested, unless circumstance allows (such as after an approved remediation plan has been executed
iii) Sample Passes
(1) Once a batch has passed testing, the final cannabinoid content label will be affixed to the cannabis goods
(2) Products will be moved from Quarantine into the Packaging and Labeling Area. (3) Once products are labeled and have undergone Quality Assurance, they will be moved into the Inventory Storage Area
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iv) Sample Fails
(1) If a batch fails testing, the originating licensee will be informed within 24 hours. (2) If remediation is requested, 151 Obispo, LLC will Quarantine the batch in question until a remediation plan has been approved
(3) Once approved, 151 Obispo, LLC will arrange a date to deliver the cannabis goods to the licensee for remediation
(4) If remediation is not approved, 151 Obispo, LLC will enter the batch into Metrc as cannabis waste and will arrange for a pickup from our waste disposal provider. v) Documentation
(1) 151 Obispo, LLC will fill out a Testing Record Form for each batch that comes into the facility without Compliance Regulatory Testing with the following information:
(a) Date of Sample Collection
(b) Name, license #, and address of lab collecting sample (c) Name of lab employee(s)
(d) Batch size
(e) # sample units taken
(f) Date COA received
(g) Results of COA
vi) Re-testing
(1) Once samples from a batch have been collected by a laboratory, 151 Obispo, LLC will not arrange for re-sampling unless the laboratory is unable to complete the compliance regulatory testing (2) 151 Obispo, LLC will submit a request to the BCC for approval to re-sample the batch h) Conformation with Local and State Laws
i) 151 Obispo, LLC employs a Compliance/ Metrc Specialist responsible for keeping the company up to date on the most current local and state laws applicable to cannabis distribution in the city of Guadalupe
3) Cultivation Processing Operations
a) Products
i) 151 Obispo, LLC will receive fresh cut cannabis flower from outsourced cultivators (growers)
ii) Cannabis will be hung for drying and curing purposes in this facility iii) Future Operations
(1) Cured cannabis will be packaged into pre-rolls or jars of eighths b) Quality Control Procedures (Cultivation)
i) Packaging Materials
(1) All packaging protects cannabis and pre-rolls from contamination and shall not expose the cannabis to any harmful substance
(2) All packaging includes a tamper-evident seal
(3) Packages containing more than one serving will be resealable (4) All packaging will be child-resistant until it has been opened (5) Packages will be labeled with the statement “This package is not child-resistant after opening” (6) Pre-rolls will be rolled and labeled before compliance regulatory testing ii) Testing
(1) 151 Obispo, LLC will partner with Merso Labs, Niva Labs, or another equivalent local lab to perform R&D testing for product at the various stages of drying and curing (2) Testing will be performed either at partial or full spectrum, that of Compliance Regulatory Testing iii) Transportation
(1) When the product is being delivered, the Shipping and Receiving (SR) manager will perform a quality assurance inspection of both the transporting vehicle and of the cannabis product, filling out the Incoming Goods Receiving Form, Packaging and Labeling Checklists, and (if applicable) the Transport Truck Rejection Form.
(2) Items that require refrigeration will be removed from the vehicle and verified one batch number at a time to prevent degradation.
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(3) Once all items have been quality assured and temperature-dependent products have been properly put away, the SR manager and distribution employee will sign the Shipping Manifest and the SR manager will make a copy for 151 Obispo, LLC’s records. (4) Cannabis goods will be added into the inventory accounting software and will be given its own batch file to follow its disposition throughout its life at the facility c) Inventory Control Procedures (Cultivation)
i) When receiving shipments of product:
(1) Verify integrity of cannabis products and cannabis using the Quality Control Plan to inspect incoming shipments
(2) Enter in all the required information into the Track and Trace software (3) Each batch/lot will need an Inventory Disposition Form to document the location of each as it moves throughout the facility. It will need to record the following information (a) Batch or Lot Number
(b) UID Number
(c) Date of receipt
(4) Location
(5) Consecutive dates when moved
(6) Location where product is moved to
(7) Date of Packaging
(8) Date of Labeling
(9) Date of exit from facility
ii) Inventory Accounting
(1) 151 Obispo, LLC will be able to account for all inventory and provide the status and disposition of all goods to regulators upon request.
(2) Accounting of all inventories will be conducted, at a minimum, every 30 days (or more frequently as needed)
(3) If 151 Obispo, LLC finds a discrepancy between the inventory of stock and the inventory log (or Track and Trace system) that is outside of 3% of the stock inventory, the Compliance Director will commence a full audit of its inventory.
(4) Where a discrepancy remains, 151 Obispo, LLC will initiate an internal investigation to identify the source of the discrepancy.
(5) If the discrepancy is discovered to be a true discrepancy, the Department and local law enforcement will be notified within 24 hours and a police report will be filed. (6) Records will be kept accurately and legibly, and shall be available to the Department and city of Guadalupe at their request
d) Processing Activities
i) Drying
(1) Cannabis will be hung in designated drying areas with their UID package tag attached to each plant
(2) Cannabis will dry for 7 to 14 days and will be inspected periodically (3) There will be four main drying rooms in the facility ii) Curing
(1) Once cannabis is dried, it will be cured in sturdy black bins with yellow lids (2) Each bin will have a package tag assigned to it, created from the source plants inside the bin (3) Cannabis will be cured in Product Storage while awaiting orders iii) Grading and Trimming
(1) Employees will undergo proper safety training before operating trimming machinery to trim and buck cannabis once it has been cured
(2) Cannabis will be trimmed and bucked inside a designated trimming area (3) Trimmers will trim one black bin at a time to keep track of inventory (4) One room is designated specifically for trimming; trimming may also occur in the multi-purpose Mechanical Room
iv) Rolling Pre-Rolls
(1) Rolling will occur in the Packaging and Labeling Area (2) Preparation
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(a) Sanitize your workstation with Isopropyl alcohol and a single-use paper towel. (b) Discard the paper towel into the Hazardous Waste Bin (c) Set up the Pre-roll vibration machine by plugging it in and making sure that there is no debris or malfunctions of the equipment.
(d) A manager will check out and weigh out product one batch at a time and document the following on the Production Log as applicable:
(i) Name of Weighing Manager
(ii) Name of Employee
(iii) Date
(iv) Strain Name
(v) Batch Number
(vi) UID Number
(vii)Weight given
(viii) # Pre-rolls or Eighths created
(ix) Weight of Waste Produced
(e) Sanitize the stainless-steel chopstick with Isopropyl alcohol and a single-use paper towel and put on single-use nitrile gloves.
(3) Weighing and Grinding
(a) The Manager will have weighed out cannabis according to the following steps:
(b) Before beginning, wash and sanitize hands, then place gloves on and sanitize the gloves. (c) Make sure the workstation is clean by sanitizing.
(d) Make sure that the scale is plugged in.
(e) Wipe the scale with Isopropyl Alcohol and a single-use paper towel (f) Turn on the scale
(g) Place a plastic bin on the scale and press the Tare button. (h) Using small nugs that were separated when cannabis was weighed out for pre-packaged eighths, weigh out the desired amount and record the weight on the Production Log. (i) The Manager will fill out the appropriate information on the Production Log and bring the cannabis over to the grinder for an employee to grind up. (j) The cannabis will be placed into the chamber of the grinder and the lid will be firmly shut. (k) The employee will grind the cannabis and collect in in a turkey bag pre-labeled with the following and then will bring it back to the manager to be weighed out. (i) Batch number
(ii) Date ground
(iii) Weight
(iv) Employee Initials
(4) Rolling
(a) Dump the ground cannabis into the top of the pre-roll machine and make sure that it is evenly distributed on top.
(b) Turn the machine on and it will fill the pre-rolls and vibrate slightly to evenly distribute the cannabis.
(c) Carefully (by hand), remove the pre-rolls one at a time and press the ends into itself using a stainless-steel utensil.
(d) Place the finished Pre-roll directly into the pop top joint tubes and close the lid. (5) Packaging and Labeling (Pre-Rolls)
(a) Place the label and heat-sealing plastic onto the tube. (b) Once 100 joints have been prepared, lay them in a box with the plastic heat-seal sticking up. (c) Turn on the heat-sealing gun and hold it in two hands as you run it across the group of prerolls to seal them. (d) Inspect each one for a complete seal before placing it in the shipping or storage box. v) Packaging Eights
(1) Preparation
(a) Sanitize your workstation with Isopropyl alcohol and a single-use paper towel. (b) Discard the paper towel into the Hazardous Waste Bin (c) Set up your workstation with the materials to be used to weigh out and package eighths of cannabis:
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(i) Clean and sanitized collection container
(ii) Stainless steel utensils
(iii) Paper towels
(iv) Isopropyl alcohol
(v) Jars to place cannabis inside of
(vi) Lids for the jars
(vii)Labels for the jars
(d) A manager will check out and weigh out product one batch at a time and document the following on the Production Log as applicable:
(i) Name of Weighing Manager
(ii) Name of Employee
(iii) Date
(iv) Strain Name
(v) Batch Number
(vi) UID Number
(vii)Weight given
(viii) # Pre-rolls or Eighths created
(ix) Weight of Waste Produced
(e) Sanitize the stainless-steel chopsticks with Isopropyl alcohol and a single-use paper towel and put on single-use nitrile gloves.
(2) Weighing
(a) The Manager will have weighed out cannabis according to the following steps:
(b) Before beginning, wash and sanitize hands, then place gloves on and sanitize the gloves. (c) Make sure the workstation is clean by sanitizing it with Isopropyl alcohol and a single use paper towel.
(d) Make sure that the scale is plugged in.
(e) Wipe the scale with Isopropyl Alcohol and a single-use paper towel (f) Turn on the scale
(g) Place a plastic bin on the scale and press the Tare button. (h) Weigh out the desired amount for each employee and record the weight on the Production Log.
(i) The Manager will fill out the appropriate information on the Production Log and bring the cannabis over to each employee and make sure that each employee is set up properly. (j) Lay the flower out (either on the bottom of the box or on a clean, flat surface so that it can be accurately assessed for size range)
(k) Lay the collection container on the scale and set adjacent the first jar to be filled with cannabis.
(l) Tare the scale to begin weighing out the flower.
(m) When selecting nugs, alternate with one larger sized nug, then one medium-sized nug and repeat until the scale reads 3.5 grams. If the weight is over by more than .05 grams (3.55 grams), replace a large nug with a slightly smaller nug until it reaches the desired weight. (n) When weighing mostly smaller nugs, use the same method to reach no more than .1 grams above the desired weight. (3) Packaging and Labeling (Eighths) (a) Carefully pour the cannabis into the jar, then screw on the lid and attach all labels and the tamper-evident seal.
(b) Place the jars into pre-labeled boxes and check to make sure that the correct batch is going into the correct box.
(c) Most of the time, the flower will have been processed due to an order received, at which point the sealed box will be affixed with a destination label by the Supervisor vi) Storage
(1) Cannabis is stored on shelves at least 2 inches off the ground (2) Shelves are stainless steel and plastic bins are sanitized regularly and inspected for deterioration of the container
(3) Rooms are kept below 65 degrees to prevent deterioration of the product 21 | P a g e
e) Sanitation Practices
i) 151 Obispo, LLC’s microbusiness facility is located entirely indoors, but is still responsible for maintaining parking lots and external areas of the premises. ii) Grounds have adequate draining area to prevent pooled or standing water iii) Weeds, grass, and vegetation shall be routinely maintained for presentation, and to minimize the potential for grounds to attract and host pests.
iv) Litter and waste shall be removed regularly, and any equipment will be stored properly. v) Roads, yards, and parking lots will be regularly monitored for cleanliness and cleared from debris to prevent contamination during the handling or transporting of cannabis products. vi) Weekly inspections will be conducted for all the above and corrective measures will be taken and recorded
vii) All openings to the building excluding doors (such as windows, vent coverings, plumbing vent pipes) shall be screened and/or sealed to prevent the intake of pests or air pollutants. viii)Waste treatment and disposal systems shall be periodically monitored and cleaned to prevent contamination.
ix) Walls, ceilings, and floors will be constructed using smooth and nonporous materials that will also be easily cleanable, corrosion-resistant, and suitable to the manufacturing activities. x) Fixtures, ducts, and pipes will not drip or allow for condensation xi) Interior lighting shall be shatter-resistant and meet all the requirements of section 114252 of the Health and Safety Code
xii) There shall be an adequate plumbing system
xiii)Running water shall be available to employees and shall be potable. xiv) The sewage system shall be cleaned and maintained in good repair. xv) Clean and sanitary toilet facilities will be provided for employees to use. xvi) Clean and sanitary handwashing stations will be provided for employees. xvii) All areas have sufficient ventilation and airflow such that each employee feels comfortable and capable to perform their individual job duties. xviii) Bathrooms will have an exhaust fan or ventilation to the outside air. xix) Ventilation systems will be installed and maintained to prevent contamination of cannabis and cannabis products.
xx) Trash and refuse shall be disposed of in a timely manner to avoid build up and opportunity for infestation or mold (and other environmental risks). xxi) Cleaning equipment and supplies will be stored safely and separately as required. xxii) There shall be a designated janitorial area for the storage of cleaning materials and supplies.
xxiii) Poisonous or toxic materials shall be handled and stored according to the requirements of the Health and Safety Code, such that each is properly labeled and has an SDS Sheet in a location known to every employee
xxiv) Utensils
(1) All utensils will meet the requirements of the Health and Safety Code sections 114130.1- 114130.4, such that materials prevent adulteration of the products. (2) 151 Obispo, LLC ensures that the only equipment and utensils used are:
(a) Stainless steel or aberration-free plastic laboratory-grade (b) Kept in good stock and replaced as often as necessary (3) No utensils are to be stored wet; they must be completely dry and ready for the next use. (4) Gloves must be worn whenever cleaning any type of utensil. (5) Utensils are to be cleaned at the beginning of each shift, and at the end of each shift. Utensils are also to be cleaned (or exchanged for a clean one) at least once every two hours. (6) Metal Utensils will be Corrosion-resistant stainless steel. (7) Plastic utensils will be laboratory-grade and OSHA compliant xxv) Illness
(1) If symptoms of illness occur (are onset at) work:
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(a) Stop work immediately
(b) Report to management
(c) See a medical provider/physician if symptoms do not subside within 24 hours of onset (d) Go home, return to work after 48-72 hours have passed since symptoms subsided (e) If symptoms occur before reporting to work:
(f) Do not report to work until at least 48 hours have passed since symptoms have subsided (g) Seek help from a medical professional if symptoms do not subside within 24 hours of onset (2) Calling in/ out from Work Procedure
(a) When possible, give your manager a 2-hour notice if you will not be able to report to work (b) The manager will maintain a detailed record of all employee sick leave instances related to gastrointestinal symptoms, also documenting any action taken. (c) Managers need to give Final Approval on all employees returning to work by verifying that the employee has been symptom-free for at least 48 hours prior. (3) If an Illness is Diagnosed:
(a) If the employee is restricted from work, with approval they are allowed to return to work and perform limited work duties, excluding food-handling, utensils-handling, and interacting with products or their components in any way.
(b) If the employee is excluded from work, they are NOT allowed to return to work for any reason.
(c) If exclusion is due to being diagnosed with one of the aforementioned illnesses, the employee shall not be allowed to return to work until the local Health Department and a Health Officer issues approval for them to return to work.
(d) A manager may restrict or exclude an employee from work based on the type of symptoms reported and the severity (CALCODE Section 113950).
(e) It is the policy of 151 Obispo LLC to not allow any employee exhibiting any symptoms to perform any cultivation duties, per employee policy, and State and Local Health Department food safety regulations.
xxvi) Hand Washing Policy
(1) Post handwashing signs or posters in a language understood by all foodservice staff, placed near all handwashing sinks, product preparation areas, and inside the restroom on the doors. (2) Designated handwashing sinks are to be used exclusively for handwashing. Do not wash anything else in these sinks. Similarly, do not use any other kind of sink to wash hands. (3) Provide warm and running potable water, soap, and a means to dry hands. If using paper towels (as opposed to pressurized air), a waste receptacle must be provided to hold the refuse near each handwashing station.
(4) Keep all handwashing sinks readily available and access to them clear at all times to any employees present in the facility.
(5) Wash hands:
(a) Before starting work
(b) During product preparation
(c) When moving from one preparation area to another
(d) Before putting on gloves (includes changing gloves) (e) After using the restroom
(f) After sneezing, coughing, or using a handkerchief or tissue (g) After touching hair, face, or body
(h) After smoking (cigarettes only), eating, drinking, or chewing gum or tobacco (i) After any cleaning activity such as sweeping, mopping, wiping counters, dusting (j) After touching any equipment, utensils, storage bins, or lab equipment (k) After handling trash
(l) After handling money
(m) After any instance in which hands could become contaminated (6) Proper handwashing procedures are as follows:
(a) Wet hands and forearms with warm, running water at least 100 and then apply soap. (b) Lather up and scrub hands and forearms, under fingernails, and between fingers for at least 10-15 seconds
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(c) Rinse thoroughly under warm, running water for 5 to 10 seconds, or until all soap has been rinsed off
(d) Dry hands and forearms thoroughly with single-use paper towels or a pressurized air dryer, until hands and forearms are completely dry
(e) Turn off water, open the door, and use a paper towel any other contaminated surface you may touch before you can put gloves on.
(f) Follow CA Food Code requirements when using hand sanitizers, including:
(g) Use hand sanitizer only after hands have been properly washed and dried (h) Hand sanitizer must be listed on the FDA publication Approved Drug Products with Therapeutic Equivalence Evaluations or have antimicrobial ingredients that are listed in the FDA monograph for OTC Healthcare Antiseptic Drug Products as an antiseptic hand wash (i) Hand sanitizer must be approved for food contact by complying with 21 CFR 170.39, 21 CFR 178, or 21 CFR 182, and documentation must be kept onsite xxvii) Glove Usage
(1) Employees must wear disposable/ single use gloves when handling cannabis components. (2) Employees must wash hands thoroughly each time they are required to put on new gloves. (3) Employees must wear gloves in the following areas:
(a) Pre-production batch preparation
(b) During Production
(c) When performing primary packaging duties or running the standard manufacturing equipment (d) When handling any cannabis or cannabis product
(e) During the cleaning of equipment and daily clean up (f) When handling utensils and equipment during washing, drying, and preparing for the next product to be processed using manufacturing equipment
(g) When handling tamper evident seals, labels, or any part besides the external packaging (4) Employees must change their gloves when they become worn or punctured. Even a small tear can lead to cross-contamination (the introduction of undesirable substances to another substance).

Gloves must also be changed:
(a) Before handling money
(b) (Remove before and change) after using the restroom (c) After emptying or taking out the trash
(d) After handling any chemicals, including those used for cleaning (5) When an employee is interrupted during production, or anything that requires them to leave the task and return to it later
(a) Anytime a glove is damaged, torn, or soiled
(b) Anytime possible contamination of the glove(s) may have occurred (6) In addition to the above situations, employees must also change gloves at minimum once every two hours.
(7) For employees with injuries or illnesses, the following requirements apply:
(a) Any employee with a contagious illness or infected wound that has pus or drainage will not be allowed to perform any processing duties until that wound has scabbed over or is no longer secreting pus.
(b) For open cuts and wounds on the hands or wrists, an impermeable cover (such as a finger cot) must protect the wound and allow for a single-use glove to be worn over the top. (c) For wounds on exposed parts of the body, an impermeable cover must be worn. xxviii) PPE
(1) All employees must wear required PPE for all tasks at all times. (2) A manager will conduct weekly checks and record their findings to ensure that all employees and products are receiving the greatest safety
(3) Employees must remove all loose jewelry and other objects that may fall into cannabis product(s) or packaging materials.
(4) Hand jewelry that cannot be sanitized must be completely covered with gloves and shall not tear through the glove at any point.
(5) Hair must be tied back and out of the way and may additionally require the use of a hair net. (6) Employees are to store clothing and personal belongings not required for the job in areas separate from those where cannabis products and utensils are being processed. 24 | P a g e
(7) Employees are not to bring any food, drink, tobacco, or chewing gum into areas where cannabis products are being processed
(8) While handling product, components, packaging materials, or chemicals, employees must wear the proper PPE (Personal Protective Equipment) to prevent cross-contact and contamination, as well as to protect the employee from certain exposure.
(9) Any task that handles product, components, or packaging materials requires:
(a) Employees to wear protective outer clothing. This can be heavy duty aprons, lab coats, or hazmat ‘coveralls’, depending on the nature of the activity. (b) Employees to wear single-use gloves.
(c) Employees to wear medical-grade shoe covers
(d) Employees to wear hair nets, caps, beard covers, or other hair restraints as necessary. (e) Any employees that use tobacco (chewing or smoking) are required to wear a particle face mask whenever handling product
(f) Any task that handles a potential danger or hazard requires the above PPE, and may also include:
(i) Protective eyewear
(ii) Dust masks
(iii) Ventilators (breathing apparatus)
(iv) Heavy-duty gloves
f) Conformation with Local and State Laws
i) 151 Obispo, LLC employs a Compliance/ Metrc Specialist responsible for keeping the company up to date on the most current local and state laws applicable to cannabis distribution in the city of Guadalupe
g) Odor Nuisances
i) 151 Obispo, LLC will have an open-door policy that encourages members of the surrounding community to report any odor nuisances they detect
ii) Regular surveys will be conducted by 151 Obispo, LLC to ensure continual satisfaction of the surrounding community
4) Manufacturing Extraction Operations
a) Products Phase One
i) Cartridge Filling
b) Products Phase Two
i) Crude Oil
ii) Distillate
iii) Ice Water Hash
iv) Rosin
c) Quality Control Procedures
i) Allergen Control Methods
(1) Equipment Needed
(a) (Large) heavy-duty plastic bags
(b) Color-identifiable mops, brooms, ‘squeegees’, and buckets designated solely for use during allergen clean-up
(c) Disposable towels
(d) PPE:
(i) Disposable gloves
(ii) ‘Coveralls’
(iii) Arm-covers
(iv) Impermeable footwear (or impermeable shoe covers that provide adequate protection to feet and ankles)
(v) Protective eyewear
(2) Types of Possible Spills
(a) Liquids
(b) Semi-liquid/solid (insoluble)
(c) Powder
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(d) Solid
(3) Area Control
(a) If gaseous or emitting any kind of vapor, all employees will then be instructed to vacate the facility. STOP following these procedures and refer to the Emergency Evacuation Procedures. (b) For anything not gaseous or emitting vapor, proceed to step 4.3. (c) Trained employees will establish barriers to control the pattern of traffic and to prevent the spill from being carried beyond the initial affected area. (d) The controlled area will be at least ten feet in all directions when applicable from the center of the spill. Managers will use their discretion to determine if a larger area should be quarantined.
(4) Clean Up
(a) Liquids
(i) Depending on the size of the liquid spill, you may need buckets, mops, towels, or a combination thereof.
(ii) If there are any nearby drains and it is an approved material that can enter the sewage system, use a squeegee to deposit as much of the material as possible into the drain. (iii) Do not use hoses or brooms, or add any other material to the spill unless directed to do so.
(iv) If using a mop and bucket, wipe up as much of the spill as possible by soaking up the liquid into the mop and squeezing the liquid into the bucket. You may need to use protective eyewear or gloves depending on the hazard level of the material. (v) Once the majority of the material has been removed, the area shall be thoroughly washed with a detergent, and sanitized if necessary.
(vi) Remove all materials used for cleaning the spill by placing them in heavy duty plastic bags or tarps, or by using other safe removal methods that do not pose further risk to the facility.
(vii)Employees involved in the clean-up should remove any protective clothing used, and if continuing work, shall put on clean PPE. Any non-disposable items need to be completely removed from the facility and be thrown away or washed. (viii) A reinspection of the area shall be conducted at this point to ensure proper decontamination. These activities shall be recorded as necessary (b) Semi-Liquid/Solid
(i) Depending on the size of the spill, you may need buckets, mops, towels, or a combination thereof. If there is no liquid, skip to step (c).
(ii) If using a mop and bucket, wipe up as much of the spill as possible by soaking up the liquid into the mop and squeezing the liquid into the bucket. You may need to use protective eyewear or gloves depending on the hazard level of the material. (iii) To remove the solid material after the liquid has been cleaned up, use the designated broom and sweep the material into heavy-duty garbage bags and remove the material from the facility.
(iv) Once the majority of the material has been removed, the area shall be thoroughly washed with a detergent, and sanitized if necessary.
(v) Remove all materials used for cleaning the spill by placing them in heavy duty plastic bags or tarps, or by using other safe removal methods that do not pose further risk to the facility.
(vi) Employees involved in the clean-up should remove any protective clothing used, and if continuing work, shall put on clean PPE. Any non-disposable items need to be completely removed from the facility and be thrown away or washed. (vii)A reinspection of the area shall be conducted at this point to ensure proper decontamination.
(c) Powders
(i) Extra care must be taken when cleaning up powder spills, as there is a risk for potential airborne capabilities. When possible, cover the area in a tarp or by using damp disposable towels. Move slowly so that the powder does not spread. (ii) Carefully and slowly use a broom to sweep the material into a heavy-duty plastic bag. 26 | P a g e
(iii) Employees are to wear particle dust masks when cleaning up any powder spill, in addition to any other necessary PPE.
(iv) Once the majority of the material has been removed, the area shall be thoroughly washed with a detergent, and sanitized if necessary.
(v) Remove all materials used for cleaning the spill by placing them in heavy duty plastic bags or tarps, or by using other safe removal methods that do not pose further risk to the facility.
(vi) Employees involved in the clean-up should remove any protective clothing used, and if continuing work, shall put on clean PPE. Any non-disposable items need to be completely removed from the facility and be thrown away or washed. (vii) A reinspection of the area shall be conducted at this point to ensure proper decontamination.
ii) Instructions when Receiving Cannabis Goods
(1) Note the outside condition of the carrier and inspect for:
(a) Holes, cracks or broken panels (permitting the passage of other sources of contamination). (b) Doors or hatches that do not close adequately.
(c) Refrigeration unit not working (when applicable).
(2) All shipments of cannabis and cannabis products must meet the following requirements:
(a) Be stored in a separate box/cage/container that is not a part of the vehicle (car trunk is acceptable)
(b) Have an intact, unbroken seal or a lock
(c) Have all required paperwork
(3) Open the door or locker/box/cage (if inspecting cannabis) and inspect for:
(a) Temperature out of specification.
(b) Foreign / off-odors (e.g. chemical/solvent smell, fishy odor, rotten/spoilage odor). (c) Insect / pest activity.
(d) Molds.
(e) The condition of the shipment e.g. damaged or dirty packaging, exposed product. (f) Water damage.
(g) Contaminated product (when you have reason to believe that the product is contaminated). (h) Unlabeled products (labels, production date, best before date , code date etc.). (i) Products from unapproved suppliers (check supplier list or check with purchaser). (j) Pesticides
(k) Any other material or contaminant that could affect cannabis or cannabis products. (4) If you suspect a problem like damage, contamination, filth, or odors, notify your supervisor and/or QA manager immediately.
(5) All materials shipped in damaged, dirty, or infested vehicles will be rejected. (6) Record the non-compliance in the Transport Truck Rejection Form (7) Unload the shipment and transfer to raw material staging area. (8) Inform QA Designate of the shipment.
(9) Fill out the Inventory Disposition Log to mark the product’s entrance into the facility (10)Ensure the number of items, product type, product code, and shelf life match the packing slip and shipping manifest. If the shelf life is less than 75%, inform the QA designate for further action, which may include rejecting the shipment or accepting based on shelf life and production requirements.
(11)Visually inspect the product for visible micro-organisms. (12)All cannabis or cannabis products need an accompanying Certificate of Analysis. (13)Material deemed unacceptable (out of specification) will be tagged as such with a “HOLD” sign by the QA designate.
(14)The product will be unloaded and staged in the receiving area. (15)Only clean and contaminant-free cannabis and cannabis products will be accepted. (16)Store ingredients, finished goods, packaging and other items off the floor and at least 18 inches (50 cm) away from ceilings.
(17)Maintain adequate space between the rows of stored products for cleaning, monitoring, and inspection.
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(18)Undertake proper rotation of cannabis products, packaging supplies and other materials on First In, First Out basis.
(19)Only clean and undamaged wooden or plastic pallets are allowed in the facility. (20)Slip-sheets are required to be used between double stacked pallets to protect product containers from damage by pallets.
(21)Ensure that the storage area has an adequate light and ventilation (22)Ensure that there is no condensation on the ceiling, piping etc that can lead to product contamination
d) Inventory Control Procedures (Manufacturing)
i) When receiving shipments of product:
(1) Check that each batch/lot has an accompanying Batch Label. If there is not one present, a 151 Obispo, LLC employee will place a Batch Label with the following information:
(a) Company Name
(b) License Number (received from)
(c) License Type (received from)
(d) Distributor Name
(e) Distributor License Number
(f) UID Number
(g) Batch Number
(h) Description of Cannabis Goods
(i) Date Received
(j) Weight or Quantity of Units in Batch
(k) Weight or Quantity of Units in This Box
(2) Verify integrity of cannabis products and cannabis components using the Quality Control Plan to inspect incoming shipments
(3) Enter in all the required information into the Track and Trace software (4) Each batch/lot will need an Inventory Disposition Form (Attachment A) to document the location of each as it moves throughout the facility. It will need to record the following information (a) Batch or Lot Number
(b) UID Number
(c) Date of receipt
(d) Location
(e) Consecutive dates when moved
(f) Location where product is moved to
(g) Date of Processing
(h) Date of Packaging
(i) Date of Labeling
(j) Date of exit from facility
(5) Documentation needs to be completed for each formulation (a) Crude Oil
(b) Distillate
(c) Cartridges
(6) All batch production research shall be recorded on the Batch Production Record to document the production processes, procedures, preventative measures, and master manufacturing protocol. (7) The Batch Production Record shall be accurate and legible (8) All potential hazards shall be documented on the accompanying Batch Production Hazards (9) Documentation shall be performed during performance, and not after the fact e) Extraction Process- Phase One
i) Cartridges
(1) Preparation
(a) Sanitize your work station with Isopropyl alcohol and a single-use paper towel. (b) Discard the paper towel into the Hazardous Waste Bin (c) Set up your workstation with the materials to be used to fill cartridges (d) Scale
(e) Small container
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(f) Sterile syringes
(g) Empty cartridges
(h) Cartridge caps
(i) Bulk cannabis oil
(j) Paper Towels
(k) Isopropyl Ethanol
(2) Filling
(a) Place the empty cartridge in the small container
(b) Place the small container on the scale and press Tare (c) Using the syringe, suck up cannabis oil
(d) Slowly begin transferring the oil into the cannabis container (e) Fill the container to the desired weight of cannabis oil for the cartridge (f) Set the syringe down on a paper towel
(g) Carefully place the cap on the cartridge
(h) Put the cartridge inside its packaging
(i) Place the packaged cartridge in a box labeled with batch number and UID number (j) Repeat until the box is full
(3) Sealing
(a) Close the cartridge container and place the plastic on the end (b) Turn on the heat sealing gun and hold it in two hands as you run it across the group of cartridges to seal them.
(c) Inspect each one for a complete seal before placing it in the shipping or storage box. (d) Fill out the applicable information on the Production Log f) Extraction Process- Phase Two
i) Equipment and Location
(1) Extraction Equipment will be located within the Ice Injector room (a) Centrifugal Separator
(b) Rotary Pump
(c) Rotary Evaporator
(d) Convection Oven
(e) Wiped Film Machine
ii) Crude Oil
(1) Extraction- Centrifugal Separator located in the fume hood inside of the extraction room (a) 90 pounds of biomass will be checked out from the secured biomass intake area and brought into the Extraction Room and placed in centrifuge (b) 30 gallons of ethanol will be brought into the Extraction Room from the Chemical Storage Area in a 55 gallon drum which is located in a flammable storage cabinet (c) In 30 pound increments, the biomass is placed into the Centrifuge located in the extraction room
(d) The same 30 gallons of ethanol will be used for each of the three cycles (the ethanol that is not in use will be stored within one of the flammable cabinets located in the room)
(e) Ethanol is then pumped into the centrifuge by a rotary pump (this entire process is done inside the fume hood)
(f) Press ‘Start’ on the Centrifuge to run the automatic cycle of 30 minutes: the first 15 minutes will be an agitation cycle and the last 15 minutes will be a spin cycle. (g) Repeat steps (c-f) for the two remaining 30 pound biomass bags (h) The solvent outlet valve will then be opened using the centrifuge to assist the solvent through the outlet valve into a clean 55 gallon drum once all three batches have gone through the Centrifuge
(2) Extraction- Rotary Evaporator
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(a) The 55 gallon container with the oil and solvent mixture will be put in the fume hood through the use of a dolly.
(b) The chiller for the condenser coils on the Rotary Evaporator (used to get down to proper cooling temperature to condense the solvent) and the warm water bath is turned on at this point (to heat the water in order to evaporate the solvent). (c) A rotary drum pump will be used to transfer the mixture of solvent and oil into the filter
(d) Use the diaphragm pump to pump the solvent and oil mixture through the filter into a clean 55 gallon drum from which the material will be transferred to the Rotary Evaporator
(e) The cannabis oil and solvent mixture is then drawn into the Rotovape through tubing by pressing the start button that will automatically start the distimatic pumping into the machine and start the process of evaporating the ethanol (this whole process is completed within a fume hood)
(f) The Rotovape will automatically stop once the process has been completed. Upon completion, the evaporated ethanol will be transferred back into a clean 55 gallon drum using the distimatic pump tubing (all completed within the fume hood) leaving ‘Crude Oil’
(g) The cleaned ethanol will be wheeled into the Chemical Storage Area and stored in one of the flammable cabinets located in the room to be used for the next step of processing.
(h) The Crude Oil is carefully poured from the 20L rotary flask into stainless steel pots with a 16 quart capacity.
iii) Distillation- Convection Oven and Wiped Film Machine) (1) The oven is heated to 150 fahrenheit; at the same time, all heaters and chillers will be turned on in the Wiped Film Machine
(2) Winterized crude is placed in the oven for 30 minutes to soften the oil into a viscous liquid that can be easily (and carefully) poured into the Wiped Film Machine. A foodgrade rubber spatula is used to scrape all of the oil. (3) The machine will output 5 to 10 liters an hour; 1st pass removes terpenes (terp strip:
output deposited into Hazardous Waste Receptacle), second pass creates distillate, third pass is for refinement
(4) Once a pass has been completed, pour the output of desired distillate back into the Wiped Film machine and run each pass process the same as the first (5) After the Distillate has been refined to the desired result, it will be poured into labeled glass jars. These jars will be stored in the Secure Storage Area until it is time to fill cartridges or be sold and transported to another manufacturer as wholesale product. iv) Bubble Hash and Live Rosin
(1) A Batch Production Record will be produced to record each process (2) A Master Manufacturing Protocol for each product will be followed during the Batch Production Record data retention
(3) Material Preparation
(a) Before using any material, weigh the batch the ensure it is accurate to what was received
(b) Record the starting weight of the material on the BPR (c) Break down material
(d) Material should be broken down into golf-ball sized chunks (e) Always wear gloves when handling cannabis and cannabis goods (f) Lay out the material on a metal tray and, using your hands, break apart the material (g) Remove all foreign objects and stems from the material (h) Any foreign object other than cannabis plant material will need to be investigated 30 | P a g e
(i) After the material has been broken down and prepared, weigh the new total for the product
(j) Load the material into clean and sterile 220 Micron work bags (k) Store the loaded bags in small totes on top of the rolling cart (l) Label each tote with
(i) Strain Name
(ii) UID Label
(iii)Date Prepared
(iv) Full Weight of material
(m) Store material in the freezer storage until it is ready for the next step (4) Basic Wash
(a) Prepare the machine
(b) Rinse the wash vessel and filtering vessel with clean RO water (c) Discard the water down the city drain
(d) Fill the wash vessel halfway with clean RO water
(e) Pour ice into the wash vessel until it has reached 75% capacity (f) Pull out one of the material bags from the freezer and place it into the vessel (g) Submerge completely and let it sit for 5 minutes
(h) Use a stainless steel rod to agitate the material
(i) Use an up-and-down and back-and-forth motion to completely work the material bag into the ice
(j) You will notice the color and clarity of the liquid changing as it is worked (k) Continuously do this for 15-20 minutes, tagging out with employees as needed (l) Let the solution sit for 60 seconds to let the collected heads settle to the bottom of the wash vessel
(m) Transfer the washed water and plant mixture to the filter vessel into the filter bags (n) The bags are stacked highest to lowest micron in the filter vessel (o) Pull each bag out slowly to collect any heads that landed in the filter bags (p) Use RO water to clean and collect any remaining heads and plant material when using large bags
(q) Pull each individual micron of separated heads from the bags using a stainless steel rod
(r) Label each tray beforehand with
(i) Micron bag Size
(ii) Date of Wash
(iii)UID number
(s) Transfer the worked and filtered wash liquid from the filter vessel back to the wash vessel
(t) Make sure the ratio of ice and RO water is consistent for all washes (u) Repeat the following steps up to 5 more times:
(i) Use a stainless steel rod to agitate the material
(ii) Use an up-and-down and back-and-forth motion to completely work the material bag into the ice
(iii)You will notice the color and clarity of the liquid changing as it is worked (iv) Continuously do this for 15-20 minutes, tagging out with employees as needed (v) Let the solution sit for 60 seconds to let the collected heads settle to the bottom of the wash vessel
(vi) Transfer the washed water and plant mixture to the filter vessel into the filter bags
(vii) The bags are stacked highest to lowest micron in the filter vessel (v) Pull each bag out slowly to collect any heads that landed in the filter bags 31 | P a g e
(w) Use RO water to clean and collect any remaining heads and plant material when using large bags
(x) Pull each individual micron of separated heads from the bags using a stainless steel rod
(y) Label each tray beforehand with
(i) Micron bag Size
(ii) Date of Wash
(iii)UID number
(z) Transfer the worked and filtered wash liquid from the filter vessel back to the wash vessel
(aa)Make sure the ratio of ice and RO water is consistent for all washes (5) Rosin Preparation
(a) Prepare glass mason jar(s) depending on the yield and amount of strains that were washed
(b) Prep the work area with a fresh piece of parchment paper (c) Place material in the freeze dryer for one whole cycle (d) When pulling out a tray, immediately begin to break up the hash into smaller pieces that will fit into the glass jars
(e) These jars will store the material until it is ready for further processing (f) Bend the parchment paper to form a funnel where you can easily pour the chunks of material into the glass jars
(g) Pre-label the jars with the following information:
(i) UID Number
(ii) Strain Name
(iii)Date of Freeze and Rosin Prep
(iv) Wash Number
(h) Return the jars to the freezer for an additional 10-15 minutes (i) Pull the jar from the freezer and hold it sideways while shaking for 10 to 15 seconds (i) This breaks up the heads into a fine sand-like consistency (j) Prepare another fresh sheet of parchment paper on the scale and tare to zero (k) Weigh out 14 grams of the material
(l) Load rosin bags and set to the side on a clean sheet of parchment paper (m) Double bag each rosin bag and press it into a hard, compact hockey puck-shaped disk (6) Pressing Rosin
(a) Turn on the rosin press and heat it to 120 degrees F to 250 degrees F (b) Use a pre-cut piece of parchment paper to load the top and the bottom (c) Secure with a magnet on either end
(d) Load one 14 gram pressed disk into the center of the press (e) Slowly compress the plates down to the puck and pre-heat the material for 15 to 20 seconds
(f) After pre-heating, bring the press all the way down with minimal Psi to ensure to puck stays secured in the center and that no edges are visible (g) Start adding 10 Psi every 20 to 30 seconds
(h) Increase to the full Psi within 90 seconds to 3 minutes (i) Release the press and immediately remove the parchment from the equipment (j) Discard the used puck and rosin bags into a container labeled with (i) Strain
(ii) UID Number
(iii)Date of Press
(iv) Weight Collected
(k) Fold the parchment in half, label and set to the side 32 | P a g e
Section B: Labor, Equity, Diversity, & Inclusion Plan
1) Employees
a) 151 Obispo, LLC, is committed to heightened pay and benefits standards and practices. The starting hourly pay for an employee with no pre-existing cannabis industry experience, to encourage a more diverse labor force, is $15/ hour, about 30% higher than minimum wage, or an annual starting wage of $31,200. Other salaries and wages will be based on employee’s education, training, and experience. 151 Obispo, LLC is committed to providing a Living Wage to its employees.
b) The National Labor Relations Act gives employees the right to bargain collectively with 151 Obispo, LLC, through a representative chosen by them. The Union and 151 Obispo, LLC will bargain in good faith about wages, hours, and other conditions of employment until an agreement has been reached or reach a stand-off/ impasse. If negotiations reach an impasse, 151 Obispo, LLC can impose terms and conditions so long as they were submitted to the Union before the impasse was reached. Once a contract is in place, neither party can deviate from the terms without the other party’s consent, absent extraordinary circumstances. If a contract expires before a new contract is drawn up, the terms of the contract will continue while the parties negotiate (the exceptions being union security, management rights, no-strike/ no-lockout, and arbitration provisions).
c) 151 Obispo, LLC will employ four to six employees at the time of initial opening and will contract work from up to 80 employees at full capacity. Full time employees will be the only ones with access to distribution and extraction
2) Diversity and Inclusion Programs
a) The Discrimination, Harassment, and Retaliation Prevention Policy reflects 151 Obispo, LLC’s commitment to equal employment opportunity and a respectful workplace. It details 151 Obispo, LLC’s program for carrying out that commitment by preventing unlawful discrimination, harassment, and retaliation from occurring in the work environment. This policy protects individuals who perform services for 151 Obispo, LLC in the workplace, including Company employees, contractors, interns, and volunteers. This policy refers to this broad category of protected persons as “individuals”.
b) State and federal law protect individuals from workplace discrimination and harassment based on certain legally protected characteristics. This policy uses the term “Legally Protected Characteristics” to encompass all legally protected categories, including i) Race
ii) Sex (including pregnancy, childbirth, and related medical conditions) iii) Gender
iv) Religion (including religious dress and grooming practices) v) Color
vi) National Origin
vii) Ancestry
viii) Physical or Mental disability
ix) Medical condition
x) Marital status
xi) Registered domestic partner status
xii) Sexual orientation
xiii) Gender identity and gender expression
xiv) Age
xv) Genetic information
xvi) Military and/ or veteran status
xvii) Lawful change of name
xviii) Social security number or federal employment authorization document 33 | P a g e
xix)Receipt of Medi-cal coverage
xx) California driver’s license with a ‘federal limits apply’ notation xxi)Any other basis prohibited by state or federal law
c) 151 Obispo, LLC’s Policy prohibits all employees, including supervisors and managers, from engaging in unlawful discrimination and harassment of any individual based on any Legally Protected Characteristic. We also prohibit retaliation against any individual who makes a complaint or who participates in an investigation under this policy. d) This Policy also applies to conduct by any third parties with whom individuals may come into contact in the workplace such as clients, customers, vendors, and suppliers. e) 151 Obispo, LLC does not discriminate on any basis protected by state and federal law, meaning that we do not base employment decisions on any Legally Protected Characteristic possessed by the employee or any persons with whom the employee is associated. f) 151 Obispo, LLC’s Equal Employment Opportunity Policy governs all aspects of employment, including hiring, assignments, training, promotions, compensation, employee benefits, employee discipline and discharge, and all other terms and conditions of employment. It prohibits supervisors and managers from making such decisions based in any way on any Legally Protected Characteristic.
g) 151 Obispo, LLC offers reasonable accommodations to qualified employees with physical or mental disabilities to the extent the accommodation will enable them to perform the essential functions of the job and will not create an undue hardship. h) 151 Obispo, LLC offers reasonable accommodation for an employee’s religious beliefs or observances.
3) Job Positions and Responsibilities
a) Employees are given an Employee Manual with descriptions of benefits, operating procedures, and other required training materials. It is the employee’s responsibility to read and understand before commencing job duties. Managers will ensure that proper training has occurred before employees start working.
b) Management Positions
i) Chief Operations Officer
(1) Design, plan and implement business strategies, plans and procedures (2) Set comprehensive goals for business growth and success (3) Establish policies and procedures that promote company culture and vision (4) Oversee daily operations and the work of executives (5) Lead employees with an example
(6) Be a motivator for other employees
(7) Analyze and interpret data and metrics
(8) Create reports for the management
(9) Take the lead in expansion activities
(10)Maintain relationships with partners and vendors
ii) Chief Financial Officer
(1) Drive the company’s financial planning
(2) Perform risk management by analyzing the organization’s liabilities and investments (3) Decide on investment strategies by considering cash and liquidity risks (4) Control and evaluate the organization’s fundraising plans and capital structure (5) Ensure cash flow is appropriate for the organization’s operations (6) Supervise all finance personnel (controllers, treasurers etc.) (7) Manage vendor relationships
(8) Prepare reliable current and forecasting reports
(9) Set up and oversee the company’s finance IT system
(10)Ensure compliance with the law and company’s policies (11)Manage team of financial controllers and financial analysts. 34 | P a g e
iii) Plant Manager
(1) Work with team supervisors and middle management to develop and implement workflows, performance metrics, and standards of accountability across facilities and production teams; direct workforce planning efforts and manage training and development for production staff (2) Direct and manage team supervisors for each stage of production: warehouse/intake, extraction lab, primary and secondary packaging, and order fulfillment (3) Oversee and manage all day -to -day manufacturing and facility operations (4) Develop implement and ensure adherence to quality assurance programs and manufacturing best practices for all company product lines and production processes (5) Oversee facilities-related compliance matters, including physical security, HAZMAT and waste management, and workplace safety issues
(6) Maintain and implement all required regulatory plans and documents, including Master Manufacturing Protocols, Product Quality Plans, manufacturing training programs and records, etc.
(7) Coordinate with Finance Department to analyze all production -related costs and ensure production operations are within allocated budget
(8) Direct all cannabis product transport, transfer, testing, and tracking operations, including administration of the Company's METRC track -and -trace accounts and both internal and external laboratory testing
(9) In coordination with the Legal Department, ensure adherence to all compliance requirements applicable to licensed California manufacturing and distribution operations (10)Direct operational improvements to improve efficiencies, including implementation of automation solutions, optimizing scale, and other projects
(11)Provide strategic guidance within the Executive Team on developing production infrastructure and processes
(12)Identify and implement projects to increase operational efficiencies, reduce costs, and improve production and product quality
(13)Advise on production and operational elements of strategic growth projects such as new product development, new market entry, and M&A opportunities
(14)Implement procurement strategies and processes to ensure biomass, hardware, packaging, and all other inputs sufficient to meet production and market demands, and to minimize costs (15)Direct all inventory tracking and control processes (16)Coordinate with Product, Sales and Marketing Departments to meet all market demands, including ensuring timely product launches, achieving product mix goals, and maintaining alignment between production practices
iv) Compliance/ Inventory Management
(1) Manage inventory control of both cannabis and non-medicated supplies (2) Lead and Own METRC operations and ensure all production activities are correctly recorded Perform inventory audits and identify discrepancies
(3) Manage inventory reconciliations and cycle counts
(4) Track expiration dates and create contingency plans to avoid loss (5) Create reports to track inventory throughput
(6) Provide recommendations about strategic inventory control initiatives (7) Communicate with METRC Support to troubleshoot issues and ensure METRC is always in compliance
(8) Develop SOPs for inventory control and reconciliation procedures (9) Understand DCC and CDPH regulations for inventory control and be the subject matter expert on compliant operations
(10)Support shipping and receiving operations including the scheduling of shipments (11)Manage cannabis waste procedures and relationships with vendors (12)Perform quality control inspections on products to ensure they meet specifications (13)Assist with forecasting by providing inventory analytics and reports 35 | P a g e
c) Employee Positions
i) Accountant
(1) Provides financial information to management by researching and analyzing accounting data; preparing reports.
(2) Prepares asset, liability, and capital account entries by compiling and analyzing account information.
(3) Documents financial transactions by entering account information. (4) Recommends financial actions by analyzing accounting options. (5) Summarizes current financial status by collecting information; preparing balance sheet, profit and loss statement, and other reports.
(6) Substantiates financial transactions by auditing documents. (7) Maintains accounting controls by preparing and recommending policies and procedures. (8) Guides accounting clerical staff by coordinating activities and answering questions. (9) Reconciles financial discrepancies by collecting and analyzing account information. (10)Secures financial information by completing database backups. (11)Maintains financial security by following internal controls. (12)Prepares payments by verifying documentation, and requesting disbursements. (13)Answers accounting procedure questions by researching and interpreting accounting policy and regulations.
(14)Complies with federal, state, and local financial legal requirements by studying existing and new legislation, enforcing adherence to requirements, and advising management on needed actions. (15)Prepares special financial reports by collecting, analyzing, and summarizing account information and trends.
(16)Maintains customer confidence and protects operations by keeping financial information confidential.
ii) Bud Trimmer
(1) Must confirm that there is a written plant weight on each tag. (2) Mark trimmer column with designated trimmer number. (3) Start removing large fan leaves using your hands and discard them into the plant waste trash.
(4) Begin removing branches and start trimming buds.
(5) Manually trim marijuana plants using shears, scissors, hands, etc. (6) Responsible for maintaining quality products while reaching daily quotas. (7) Work space/Material Maintenance
(8) Responsible for maintaining the organization and cleanliness of the warehouse while performing trimmings.
(9) Responsible for ensuring the cleanliness of all staging areas. (10)Regularly cleaning scissors using rubbing alcohol.
(11)Communication and Compliance
(12)Work with management to assure all steps are being taken to assure company compliance.
(13)Take instructions and follow directions as delegated by managers to complete the weekly team quota.
iii) Extraction Engineer
(1) Preparing equipment and plant materials for extraction (2) Operating highly sophisticated extraction equipment (3) Processing concentrates and extracts
(4) Cleaning and maintenance of extraction equipment and laboratory facilities. (5) Maintaining strict inventory records of all plant materials, chemicals and equipment used in the laboratory.
(6) Operating, maintaining, and making adjustments and repairs to laboratory equipment such as liquid chromatography systems, pumps, microscopes, balances, centrifuges, and other laboratory equipment
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(7) Maintaining inventory records of supplies, materials, and equipment, and preparing requisitions as needed.
(8) Storing supplies and equipment, disposal of waste according to guidelines, and keeping laboratory, storerooms and working areas immaculate.
(9) Washing and sterilizing laboratory glassware.
(10)Performing clerical work related to laboratory activities such as word processing, record keeping, filing, and answering telephone inquiries.
(11)Maintaining Safety Data Sheets for all department chemicals and products. (12)Other duties as assigned
iv) HR/ Office Assistant
(1) Perform administrative duties, such as maintaining employee database and sorting emails for the HR department
(2) Maintain proper records of employee attendance and leaves (3) Assist HR Manager in policy formulation, hiring and salary administration (4) Submit online job postings, shortlist candidates and schedule job interviews (5) Coordinate orientation and training sessions for new employees (6) Ensure smooth communication with employees and timely resolution to their queries 4) Continuing Education
a) New Employee Orientation: Each new employee will be required to attend twelve hours of paid new employee orientation which will introduce the employee to all aspects of the company’s operations, an in-depth review of the workplace policies and procedures, an introduction to other staff members, the health aspects of cannabis and the human endocannabinoid system, and a detailed review of all our products, services, and pricing b) In-House Education: 151 Obispo, LLC will host weekly workshops on various topics related to the business operations, new technology, the human endocannabinoid system, and topics pertaining to new customer acquisition and new products under development. All employees will be required to attend during paid working hours
c) External Continuing Education: Employees may attend up to ten hours of paid outside continuing education per year after six months of employment, provided that such courses are germane to their job classification subject to approval by the Company. Such approval will include Company payment or reimbursement for the cost of the course(s), and payment of the hourly wage. 5) Employee Benefits
a) 151 Obispo, LLC intends to create an employee-owned company within two years of commencing operations
b) 151 Obispo, LLC provides an “Exceptional Conduct Instant Bonus” of $25 to $100 per incident (up to one time per month per employee) to be paid to the individual performing exceptional service to his or her fellow workers, vendors, or for successfully completing self-study. Such bonuses are in the discretion of the supervisor/ manager. The employee will be recognized with a Certificate acknowledging such exemplary conduct at the next regular 151 Obispo, LLC Staff meeting.
c) Sick Leave
d) Leaves of Absence
i) Family, Medical, and Pregnancy Disability Leave
ii) Family Care Leave
iii) Medical Leave
iv) Military Exigency Leave
v) Military Caregiver Leave
vi) Leave for Court Proceedings
vii) Bereavement Leave
viii) School and Childcare
ix) Vacation
e) State-Mandated Benefits
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i) CA State Disability Insurance
ii) Worker’s Compensation Insurance
iii) Paid Family Leave Benefits
iv) Consolidated Omnibus Budget Reconciliation Act (COBRA) 6) Local Owners
a) All owners of 151 Obispo, LLC reside in the county of Santa Barbara i) Chris Bellamy (CFO)
ii) Sean Hecht (Owner)
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Section C: Safety Plan
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