Guadalupe City Council
May 23, 2023

May 23, 2023 City of Guadalupe Council Meeting Agenda Page 1 of 5 City of Guadalupe
AGENDA
Regular Meeting of the Guadalupe City Council
Tuesday, May 23, 2023, at 6:00 pm
City Hall, 918 Obispo Street, Council Chambers
The City Council meeting will broadcast 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, May 23, 2023.

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 Christina Hernandez
Council Member Gilbert Robles
Council Member Megan Lizalde
Mayor Pro Tempore Eugene Costa Jr.

Mayor Ariston Julian
May 23, 2023 City of Guadalupe Council Meeting Agenda Page 2 of 5

2. PLEDGE OF ALLEGIANCE

3. MOMENT OF THANKS, APPRECIATION OR CONDOLENCES.

4. 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.

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

Pursuant to the 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 May 15, 2023, and ratify payment of warrants for the period ending May 1, 2023.

C. Approve the Minutes of the City Council regular meeting of May 9, 2023.

D. Adopt on the second reading, Ordinance No. 2023-510 amending Chapter 10.24 of the Guadalupe Municipal Code regarding stopping, standing, and parking concerning parking restrictions at City Hall.

E. Adopt Resolution No. 2023-38 approving the reclassification of the Permit Technician position to the Permit and Planning Technician position and new salary schedule.

F. MONTHLY REPORTS FROM DEPARTMENT HEADS

1. Public Safety Department:
a. Police Department report for April 2023
b. Fire Department report for April 2023
c. Code Compliance report for April 2023

2. Human Resources report for April 2023

7. CITY ADMINISTRATOR REPORT: (Information Only)
May 23, 2023 City of Guadalupe Council Meeting Agenda Page 3 of 5

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

PUBLIC HEARING

9. Public Hearing to consider Conditional Use Permit (2022-048-CUP), Design Review (2022-069 DR), and CEQA Notice of Exemption for Element 7 Guadalupe, LLC, a retail cannabis dispensary at 859 Obispo Street, Guadalupe APN 115-092-016.

Written report: Bill Scott, Contract City Planner
Recommendation: That the City Council:
a. Receive a presentation from staff; and
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. 2023-39 approving Conditional Use Permit 2022-048-CUP, and Design Review 2022-069-DR, including CUP and DR Findings, a CEQA Class 1 Exemption, and the Conditions of Approval.

10. Public Hearing to consider Conditional Use Permit (2023-022-CUP), Lopez H-2A employee housing project for 40 agricultural workers located at 4575 & 4581 Tenth Street, APNs 115-052- 009 and 115-052-010.

Written report: Larry Appel, Contract Planning Director Recommendation: That the City Council:
a. Receive a presentation from staff; and
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. 2023-40 approving 2023-022-CUP, including a parking modification per Section 18.75.050.B.

REGULAR BUSINESS

11. Options to address violations of two (2) hour limited time parking in the Downtown Business District.

Written report: Michael Cash, Director of Public Safety Recommendation: That the City Council:
a. Receive presentation from staff; and
b. Accept public comments: and
c. Deliberate and provide direction to City staff; or
d. Continue to another Council meeting for further discussion and deliberation.

12. FUTURE AGENDA ITEMS

13. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS
May 23, 2023 City of Guadalupe Council Meeting Agenda Page 4 of 5

14. ADJOURNMENT TO CLOSED SESSION MEETING CLOSED SESSION

15. Conference with Labor Negotiators
(Subdivision (a) of Gov. Code Section 54957.6)
Agency designated representatives: City Administrator and Human Resources Manager Employee organizations: Service Employees International Union (SEIU), Local 620 and Guadalupe Police Officers Association (POA)

16. ADJOURNMENT TO OPEN SESSION MEETING

17. CLOSED SESSION ANNOUNCEMENTS

18. 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 18th day of May 2023.
______________________________
Todd Bodem, City Administrator
Todd Bodem
May 23, 2023 City of Guadalupe Council Meeting Agenda Page 5 of 5

PROPOSED FUTURE CITY COUNCIL AGENDA ITEMS
Council Meeting: Date and Subject Department Agenda Category City Council & Recreation Joint Meeting
Facility Fee Schedule Workshop Recreation & Parks Dept. Workshop Tuesday, June 13, 2023, at 6:00 pm / Regular Meeting
CalPERS Comprehensive Finance Plan Presentation Weist Law Firm Presentation Comité Civico Mexicano 15th of September “Fiestas
Patrias” Parade
Consent Calendar
Building Official Agreement Administration Dept. Consent Calendar Recreation and Parks report for April 2023 Recreation Dept. Consent Calendar Establishing an additional residential permit parking pilot Public Safety Department Regular Business Central Coast Processing – Community Benefit
Agreement
Administration Dept. Regular Business
Fiscal Year 2021-2022 Audited Financial Statement and
Single Audit report
Finance Department Regular Business
Waste Management Agreement Extension Public Works Department Regular Business Tuesday, June 27, 2023, at 6:00 pm / Regular Meeting
Tuesday, July 11, 2023, at 6:00 pm / Regular Meeting
Other Unscheduled Items Proposed
Date of Item
Department Agenda Category
Tree Ordinance Public Works New Business
Sidewalk Vending Ordinance Planning Department New Business Food Truck and Special Event Ordinance Planning Dept New Business Gift Policy City Attorney New Business
Benefit for Unrepresented Employees Human Resources New Business Al’s Union Property June 13, 2023 New Business
Rent Stabilization New Business
Central Coast Community Energy 3CE July 25, 2023 Presentation State of City Report July 2023 Admin Dept. New Business Agenda Item No. 6B.

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of May 23, 2023
Prepared b�
Veronica Fabian
Finance Account Clerk
r
Revi� ed by:

Angie ereyra-Leon
Accounting Supervisor
Approved by:

Todd Bodem
City Administrator
SUBJECT:

RECOMMENDATION:

Payment of warrants for the period ending May 01, 2023, to be ratified 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 ratified the listing of hand checks and warrants to be paid on May 10, 2023.

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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Prepared by:

Agenda Item No. 6B

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of May 23, 2023
1ewed by: Approved by:

Veronica Fabian
Finance Account Clerk
Angie Pereyra-Leon
Accounting Supervisor
Todd Bodem
City Administrator
SUBJECT:

RECOMMENDATION:

Payment of warrants for the period ending May 15, 2023, 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 ratified the listing of hand checks and warrants to be paid on May 24, 2023.

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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59 May 9, 2023 City of Guadalupe Council Meeting Minutes Page 1 of 14

MINUTES
City of Guadalupe
Regular Meeting of the Guadalupe City Council
Tuesday, May 9, 2023, at 6:00 pm
City Hall, 918 Obispo Street, Council Chambers

1. ROLL CALL:

Council Member Christina Hernandez
Council Member Gilbert Robles
Council Member Megan Lizalde
Mayor Pro Tempore Eugene Costa Jr.

Mayor Ariston Julian
Mayor Julian called the meeting to order at 6:00 p.m. All members were present. (Note: The abbreviation, “CM”, will be used for “Council Member” in these minutes.)

2. PLEDGE OF ALLEGIANCE

3. MOMENT OF THANKS, APPRECIATION OR CONDOLENCES.

Mayor Julian said, “In the past two weeks, there have been so many deaths. Our hearts go out to all those suffering under these difficult situations.”

4. AGENDA REVIEW
Mayor Julian requested the following change to the agenda:
- Item #15 becomes Item #11: Appeal of Hearing Officer’s Decision on Compliance Order re: 866 Guadalupe Street. Original Items #11 through #14 remain in sequence with Item #11 becoming #12, etc.

5. CEREMONIAL CALENDAR
• Proclamation – Asian American and Native Hawaiian/Pacific Islander Heritage Month – May 2023
Mayor Julian said, “In the past, what we’ve done is those individuals, council individuals, that want to do a proclamation for something, or a community member wants to proclaim something, if it is approved by the City Council, it’s okay to do. Also, I’ll make a few comments after this proclamation is read.

Agenda Item No. 6C
May 9, 2023 City of Guadalupe Council Meeting Minutes Page 2 of 14 CM Robles read the proclamation which, in part, said: “This May, during Asian American and Native Hawaiian/Pacific Islander Heritage month, we recognize the history and achievements of Asian Americans, Native Hawaiians, and Pacific Islanders (AANHPI), across our nation…AANHPI communities make our nation more vibrant through diversity of cultures, languages, and religions…there is no single AANHPI experience…the American story, as we know it, would be impossible without the strength, contributions, and legacies of AANHPIs who helped build and unite this country in each successive generation, from laying railroad tracks, tilling fields and starting businesses, to caring for our loved ones and honorably serving our Nation in uniform…the City of Guadalupe also celebrates and honors the invaluable contributions the AANHPI communities have made to our Nation’s culture and the arts, law, science and technology, sports, and public service – including the courageous AANHPIs who served on the front lines during the COVID-19 pandemic as health care providers, first responders, teachers, and other essential workers…[the City of Guadalupe does] hereby proclaim May 2023 as Asian American and Native Hawaiian/Pacific Islander Heritage Month.”
Mayor Julian then added, “May is a busy month, also with the following: 1) National Nursing Week, from May 8-14. The theme this year is ‘Our Nurses, Our Future’. This theme showcases the many roles that nurses play in a patient’s health-care journey; 2) Public Service Recognition Week – every year since 1985, the first week of May has been set aside as Public Service Recognition Week, a time to thank dedicated public servants from federal, state, and local governments across the country, and 3) Military Appreciation Month – the month of May recognizes those who served and are serving in all of our military forces, here at home and abroad.

6. COMMUNITY PARTICIPATION FORUM
There were two (2) Requests to Speak:

Albert Nunez, Jr. – Rancho de Guadalupe will be installing a display here at City Hall for Asian American, Native Hawaiian and Pacific Islander Month. We’re doing this to honor the month and the long-time residents and their rich legacy here in Guadalupe. If you don’t find names that you would expect there, we look forward to telling more stories throughout the year and next year, as well. One of those stories is Mr. Makato Yoshiharo. A lot of people may not know that name. He was born in 1920 and graduated in 1939 from Santa Maria High School. A few years later, he and his family were taken to an internment camp in Arizona where they remained for three (3) years.

After much pleading to his parents to join the Army, Mr. Yoshiharo joined the Army in 1944. Just three (3) months later, he was killed in Germany by a sniper. His remains were buried 6,000 miles away but were repatriated to our cemetery here in Guadalupe. That’s just one of the stories that make up this beautiful tapestry we call home.

The other thing I want to talk about is the recently approved Social Media Policy. As someone who’s crafted many a social media policy for many universities across this country, one thing that’s always missing is when an organization or legal entity like this puts together a policy on how to govern what you put out on social media, that’s appropriate…because social media is powerful.

But it’s also easy to forget that your entity is made up of people. On your social media sites, it’s okay to photograph and post city workers doing their jobs keeping the City going. It’s okay to photograph and post events of people participating in these City events and telling why they’re there. That just brings social media back to its true meaning, which is to create a digital community that you can connect with other people.”
May 9, 2023 City of Guadalupe Council Meeting Minutes Page 3 of 14 Mayor Julian said, “Al’s grandfather, Eddie San Diego, and a group of Filipinos were instrumental in putting together the Senior Center. So, there’s a lot of history with folks like your grandfather and other Asian Americans here in town.” Mr. Nunez added, “This display won’t contain any Filipinos because we have the month of October for them to be recognized and a lot of stories will be told then.”
George Alvarez – I’d like to add one of the most important elements of Guadalupe is the Mexican population and the history during the Mexican Bracero Program. That’s lacking here. Three (3) restaurants came from the same village: my dad (Jesse’s Café), La Simpatia, Guadalajara, now the Guadalupe. At the center of the Bracero Program, we had 3,000-4,000 people here every week. I experienced it…it was beautiful. I hope in the future we can recognize these people who came here and helped the City.

What I came to talk about is my favorite subject, the levee in Guadalupe that doesn’t exist. Every 20 years or so, we get flooded out. I don’t have much trust in government because it runs show. It took 23 years to figure out we didn’t do the right thing. Now they’re scrambling to figure out if they’re going to buy the property or not…working with the Feds…working with the Army Corps of Engineers. I like to be simplistic with solving problems. Has the City done a survey to see the cost of having a permanent band-aid…not so much a levee, we can’t afford $30M. Twenty-three years ago, it was $5M. Surely, we have buildings that need to be protected. The Boys & Girls Club & Community Center is a #1 priority. Put a moratorium on any form of building on that land. How shameful is it that we don’t have our school built? Twenty+ years and we’re still waiting? Because of lack of competency with the School Board. I was here when you had the joint meeting. They told the City that they wanted more land. So, what did the City do? They worked a deal with the school to buy our property that was supposed to be for City parks. Thank you.

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 May 1, 2023.

C. Approve the Minutes of the City Council regular meeting of April 25, 2023.

D. Accept the April 2023 City of Guadalupe Pioneer Street Flooding Incident After-Action Report.

E. Adopt Resolution No. 2023-32 accepting the donation of a Simpson pressure washer valued at $856.13 to the Guadalupe Police Department from the Guadalupe Hardware Company.

May 9, 2023 City of Guadalupe Council Meeting Minutes Page 4 of 14 F. Adopt Resolution No. 2023-33 filing of a Notice of Completion for the 2022 Pavement Rehabilitation project and authorizing the City Clerk to file it with the County Recorder.

G. Adopt Resolution No. 2023-34 approving an agreement for professional services with the law firm of Bocarsly Emden Cowan Esmail & Arndt LLP for assistance on tax credits for the Royal Theater project.

H. MONTHLY REPORTS FROM DEPARTMENT HEADS

1. Planning Department report for April 2023

2. Building Department report for April 2023

3. Public Works/Engineering Department report for April 2023 Motion was made by Council Member Lizalde and seconded by Council Member Robles to approve the complete Consent Calendar. 5-0 Motion passed.

8. CITY ADMINISTRATOR REPORT: (Information Only)
Mr. Bodem said that, in addition to his written report, when he was not in the office last Thursday and Friday, the internet went down. He said that he discussed an improvement plan with ITECH, the City’s outside IT consultants, and then read a summary of their proposal, which, in part, said the following: “Due to the frequency of the City’s power issues affecting the Network, ITECH has discovered a need for better control of its Networking Infrastructure. This issue has highlighted a barrier with our Vendor that prevents us from remoting in to reset the devices. ITECH has suggested a proposal project to the COG.

Solution: ITECH has purchased a completely new line of Networking equipment to replace the current Networking equipment. A project has been put together to purchase/replace/deploy…at no cost to the City. [All monies have been paid] as a show of good faith and our relationship with the City. Total savings of $7,313. This project…will result in the Network being down during deployment. We ask that the City work with us during this time…to make this as smooth and fast as possible.”
Mr. Bodem has designated himself as the immediate individual for ITECH to contact in the event of another power outage. This project may be deployed in 2-3 weeks’ time. A long-term solution to enhance the speed and reliability of the Network was also discussed with ITECH that dealt with cable runs.

CM Lizalde asked, “On #10 of your report, do you have an update for the meeting with Cal Trans and SBCAG?” Mr. Bodem deferred to Mayor Julian who said, “All of the top echelon were at this meeting. There were eight (8) people…people who make decisions. It was a positive meeting. Cal Trans is taking the lead on projects, including the railroad issue. They’re moving forward to get control. In the next two (2) years, they said that they want Guadalupe to shine.” The mayor then asked if Ms. Sweeney wanted to add anything.” She said, “You summarized things really well. The area at 166 is complicated. There are five (5) stakeholders. Cal Tans wants to consolidate…looking for economy of costs. Cal Trans has reason to proceed. The funding has an end date, so they need May 9, 2023 City of Guadalupe Council Meeting Minutes Page 5 of 14 to get the project done. At the end of May, there’ll be another meeting to see how the project can be funded.” Mr. Bodem said, “Meg Henry, Cal Trans District 5 Project Manager, is pushing the project.” Then the mayor said, “Taylor Farms was there…Pasadera developer, Craig Smith, was there. Everybody who has any skin on the table attended.”

9. DIRECTOR OF PUBLIC SAFETY REPORT: (Information Only) Chief Cash said that he had nothing to report at this time.

Request to Speak
George Alvarez – Over the years, there have been many Grand Jury nods. One of the things is lack of security to have enough police officers out on the streets. It’s U-turn Central here. Because of lack of officers, there’s more theft. I’ve had three (3) burglaries myself. We have beautiful Pasadera. We need protection there and in other areas, too. It takes three (3) of the City Council to discuss to see if we need federal funding. Right now, nothing’s being done.

REGULAR BUSINESS

10. Fee Waiver Request for Use of City Auditorium (Kids Come First Foundation).

Written report: Philip F. Sinco, City Attorney
Recommendation: That the City Council waive or reduce the fees for Kids Come First Foundation to use the City Auditorium for its May 11, 2023, event.

City Attorney Sinco gave a brief explanation of the issue on this fee waiver request. He said, “I’ve been an observer of what proper policy should be for City facility rentals. Staff is recommending the fee be waived and request further guidance on this issue.” He further said that the fee waiver request is due to lack of clarity and citied issues with the Facilities Master Fee Schedule that is on the City’s website. For example, he said that there is a $500 cleaning deposit that could be completely refundable with all provisions met, but the actual refund amount is only $250. He then said there are issues with the non-refundable fee or ‘lock-in fee’ as well as the fee for a building attendant for events not serving alcohol. He suggested those issues be discussed when there is the proposed combined meeting with the City Council and the Recreation & Parks Commission.

Mayor Julian said, “We’re getting into the weeds here. We need to have Recreation & Parks and the public’s input. This is a waiver of a fee tonight. We have a JPA (Joint Powers Authority) with the school district, a sharing of city and school property.” Request to Speak
Dr. Emilio Handall – First, congratulations on painting the building. It’ll make it nicer to come to work each day and see the building. Also, construction will start in June on the new Junior High School, gym, and early learning center. We expect the early learning center to be completed by June 2024 and the Junior High School by Fall 2025.

May 9, 2023 City of Guadalupe Council Meeting Minutes Page 6 of 14 Regarding the waiver and JPA, it behooves both the school district and the City to re-enter into that agreement. The financial cost to host an event seems counter to what the City is all about. I encourage the fee waiver and encourage the City Council to reach reciprocation through the JPA.

Mayor Julian added that the Royal Theatre connects the school and the community to the theatre.

George Alvarez – When you do activities in the auditorium, like I’ve done for the census fair, we paid for liability insurance. I hope we have liability insurance for that event. It’s there to protect the wellbeing of the participants.

CM Hernandez said that there is a facilities workshop coming with both City Council and Recreation & Parks Commission.

CM Lizalde said the fee for this event was less than $1,000. The mayor said, “There’s a cost to provide power and certain other things that need to be covered. Fees and JPA…has to be worked in regardless of entity.” CM Lizalde then said, “I don’t agree with this amount for non-profit, but we need to be fiscally safe.”
CM Lizalde then asked, “Can we allow to have a reduction in fees or is it just to waive the fees?” City Attorney Sinco said, “If the City Council felt that a reduction rather than waiver of fees is something the Council wants to consider, the Council has that option.” Mayor Julian then said, “It could be worked out between the City and the Foundation. On the basic fee, eliminate/reduce to be affordable.”
A motion was being made when City Attorney Sinco asked, “Reduce by how much? There’s a master fee schedule with all of the fees.” Mr. Bodem said, “We’ll work with Hannah (Recreation Services Manager).

Motion was made by Council Member Lizalde and seconded by Mayor Julian to direct staff to negotiate with the Kids Come First Foundation on a reduced fee that is mutually agreeable to parties involved, and staff will report back what those fees will be. 5-0 Motion passed.

11. Elevated Tank Painting.

Written report: Shannon Sweeney, Public Works Director/City Engineer Recommendation: That the City Council provide direction to staff on next steps for the elevated tank painting.

Ms. Sweeney gave a brief explanation of the process she followed, and the direction needed from the City Council. She said, “With the water tank at 303 Obispo Street, the old tank on 10th Street really is no longer needed for water storge. Back in June 2020, bids to complete this work came in at a range high, and the City Council rejected all such bids as funding was not available and not programmed into the water rates. $200,000 has since been programmed into the rate study.” The artwork is same as on the City’s buses. Ms. Sweeney said, “I asked the grant manager what constitutes public art? Does the public need to give input?” May 9, 2023 City of Guadalupe Council Meeting Minutes Page 7 of 14 Then the question is the removal of the antennas. Ms. Sweeney said, The City is likely responsible for moving the antennas off in order to paint the tower. The lease is under one cell phone provider that has equipment mounted on the tower structure. It will cost an estimated $350,000 to relocate the antennas. $924,000 is already in the project budget. Water funds and grant funds can be used for the base coating of the tower, the public art and the costs to temporarily move the antennas to do the work. If he Council is interested to go forward, we would do the painting, etc. now before bidding out for the Central Park project in September.” Mayor Julian asked Ms. Sweeney what was needed from the Council. She said, “I’ve drafted a letter to the owner of the cell tower agreement regarding temporary movement of the antennas.

I’d need the Council’s approval to go forward with sending the letter and approval on the design.” Mr. Bodem added, “In the past, the City sold the franchises to one provider for a particular sum which, in the long run, probably proved not to be beneficial. Also, why can’t they paint around the antennas?” Ms. Sweeney responded by saying, “Unfortunately, that’s been checked, and it can’t be done.”
CM Lizalde said, “I’m okay with the financials as well as beautifying the park. It’s an opportunity to maximize dollars.” CM Hernandez then asked, “On the grant, does it have to be specific to the water tower?” Ms. Sweeney said the grant is specific to the tower.

The mayor then asked the council members if there was any further discussion which there wasn’t.

He then asked if there was consensus on going forward with Ms. Sweeney sending the letter and consensus on the design. Consensus was reached by the Council for both sending the letter and the design.

12. Approve contact with Roesling Nakamura Terada (RNT) Architects in the amount of $272,592.90 for the development of the City of Guadalupe Facilities Master Plan.

Written report: Shannon Sweeney, Public Works Director/City Engineer Recommendation: That the City Council adopt Resolution No. 2023-35 approving a contract with Roesling Nakamura Terada (RNT) Architects in the amount of $272,592.90 for the development of the City of Guadalupe Facilities Master Plan.

Ms. Sweeney initially said that she struggled with this item…waffled back and forth and didn’t make decisions on this item lightly. She explained, “It will cost $272,592 to develop a Facilities Master Plan. It actually is in our City goals to address facilities. Since I’ve been here, I’ve had to revise, update, etc. existing plans, but I’ve never had to do a facilities master plan from scratch. I googled and saw that schools have similar situations as a city. Schools have many buildings as a city does.”
Ms. Sweeney said, “The proposal accepted was not from one we mailed out. I spoke with Todd, Janice and Hannah, who all agreed to go forward. $90,000 was budgeted in this current budget to complete this task. We can pull other funds to augment total dollars needed. Monies were budgeted for paving Le Roy Park parking lot, but we will be getting monies from FEMA for that.

And there’s also ARPA funding. There was a grant that could have been used for the library, but we don’t have a site or building yet. $30,000 ARPA funding was budgeted for the library.” May 9, 2023 City of Guadalupe Council Meeting Minutes Page 8 of 14 Mayor Julian said, “We’re close to looking at the 23/24 budget. Looks like ARPA monies are moving around. Without knowing what our economic future looks like, I’d rather not move any ARPA monies. Let’s wait until we see what the new budget will be. I’m not comfortable with this before knowing our budget.”
CM Lizalde then said, “I agree. This is a big-ticket item for late in the fiscal year. It needs to be a priority, though. If not now, make this a priority moving forward. We need this type of documentation to be able to apply for possible grants.” Mr. Bodem said, “In the next week, we will start with our budget worksheets. We will be looking at some movements on ARPA. In early June we will have our budget workshop.”
CM Lizalde asked if the staff could look at this again next month. City Attorney Sinco said, “If you’re not moving forward, you would need to pass a motion to reject now.” A comment was made if it was rejected now, there’s be the possibility that the accepted bidder won’t be available.

City Attorney said, “We’d have to continue the item and Shannon would have to ask….” Mayor Julian interrupted and said, “No, we need to see where we are before doing that.” Ms. Janice Davis, Finance Director, added, “I agree that something is needed for funding. We have an ARPA spreadsheet…looking at Le Roy Park and ARPA monies budgeted to pave the parking lot with FEMA now likely funding for that, which leaves $30,000 not there. Those would come from ARPA funds originally intended for the library.” Ms. Sweeney added, “ARPA funds need to be spent by June 2024. I’m not sure of a library location now.” CM Lizalde said that it looks like all monies needed are there.

Motion was made by Council Member Costa, Jr. and seconded by Mayor Julian to reject all proposals discussed during the City Council meeting. Roll Call: Ayes: 4 Nos: 0 Abstain: 1 Lizalde 4-0-1 Motion passed.

13. City Hall Parking Restrictions.

Written report: Philip F. Sinco, City Attorney
Recommendation: That the City Council:

1. Introduce on the first reading, and continue to its meeting of May 23, 2023, for second reading and adoption, Ordinance No. 2023-510 amending Chapter 10.24 of the Guadalupe Municipal Code to restrict twelve (12) designated parking spaces on the east side of Obispo Street between Ninth and Tenth Streets for the use of City of Guadalupe employees and to allow 20-minute limited public parking during hours and/or days of the week as specific by the City Council by resolution or by minute order; and

2. Adopt Resolution No. 2023-31 to establish preferential permit parking for City of Guadalupe employees for the twelve (12) designated parking spaces on the east side of Obispo Street between Ninth and Tenth Streets.

City Attorney Sinco briefly recapped what transpired in the prior City Council meeting regarding this matter. He said, “The resolution is unchanged. There will be 12 Employee parking spots, four (4) limited-time parking spots, and eight (8) public parking spots. To have the ability to issue fines, May 9, 2023 City of Guadalupe Council Meeting Minutes Page 9 of 14 we need parking permits. There’s a change to the ordinance to allow 20-minute parking. Also, hours for the 20-minute parking need to change in the ordinance.” Mayor Julian asked, “What’s the cost of a citation?” Chief Cash said, “$52.50. This amount is set by the courts.” The mayor then said, “When we met with Cal Trans, they had to park a ways away from City Hall.” City Attorney Sinco added, “We also need to change the wording, ‘Twenty minute’ to ‘Limited time’ parking.”
CM Costa, Jr. then said, “With Employee parking, all City staff will park in front of City Hall. Some people park in enclosed parking but not all.” Chief Cash said, “I’m familiar with that situation. I can’t mandate employees where to park. I can make parking available.” CM Lizalde asked Human Resources, “Can we mandate where to park?” City Attorney Sinco said, “We can prevent employees from parking without a permit, but we can’t mandate where to park.” Mr. Teg Butler, Human Resources Manager, said, “We can only tell employees where to park if only on private property.”
Motion was made by Council Member Costa, Jr. and seconded by Council Member Lizalde to approve Resolution No. 2023-31 to establish preferential permit parking for City of Guadalupe employees for the twelve (2) designated parking spaces on the east side of Obispo Street between Ninth and Tenth Streets. Roll Call: Ayes: 5 Nos: 0 Abstain: 0 5-0 Motion passed.

Motion was made by Council Member Costa, Jr. and seconded by Council Member Lizalde to introduce for First Reading Ordinance No. 2023-510 amending Chapter 10.24 of the Guadalupe Municipal Code regarding stopping, standing, and parking and continue to next meeting for Second Reading and adoption. 5-0 Motion passed.

14. Resolution terminating the existence of a Local State of Emergency.

Written report: Todd Bodem, City Administrator
Recommendation: That the City Council adopt Resolution No. 2023-36 terminating the local state of emergency ratified and declared by the City Council at its meeting on January 17, 2023.

Mr. Bodem gave a brief background on this item. He said that because of heavy rains and flooding experienced in the County on January 9, 2023, the County of Santa Barbara Emergency Services issued a proclamation of a local emergency. At a special City Council meeting on January 17, 2023, the City Council adopted Resolution No. 2023-03 which ratified the City Administrator’s proclamation of a local emergency.

Government Code requires the Council to review the need for continuing the local emergency at least once every 60 days until it decides to terminate the local emergency. With heavy rains, though not flooding as with the prior storm, which occurred on Friday, March 10, 2023, and continued into Saturday, March 11, 2023, the Council found that the existence of a local emergency should continue.

May 9, 2023 City of Guadalupe Council Meeting Minutes Page 10 of 14 In the past 60 days, there have not been any significant rains. Staff does not believe that there is a threat to public health, safety or welfare from rains or floods at this time and recommends that the City Council should terminate the local emergency.

Motion was made by Council Member Costa, Jr. and seconded by Council Member Robles to approve Resolution No. 2023-36 terminating the local state of emergency. Roll Call: Ayes: 5 Nos: 0 Abstain: 0 5-0 Motion passed.

15. Appeal of Hearing Officer’s Decision on Compliance Order re: 866 Guadalupe Street.

Written report: Philip F. Sinco, City Attorney
Recommendation: That the City Council deny, by resolution, the appeal filed by Jose Martinez and Ruben Dorado, the responsible party(ies), of a nuisance abatement order issued by the City’s hearing officer (Jack Owen) on a compliance order for a property located at 866 Guadalupe Street.

City Attorney Sinco explained that Wendy Stockton, Assistant City Attorney, who contracts through a different firm, is available via zoom for questions the City Council may have. He said, “I’ve been the attorney in this case, the prosecuting attorney. Fire Captain Patrick Schmitz is the Code Enforcement Officer. If I can’t answer questions, go to Ms. Stockton.” City Attorney Sinco then gave a brief background: This is my first appeal in my career. The record is not complete as there are recordings missing…transcripts from hearings. It’s important for the City Council to remember not to rely on any evidence that wasn’t reasonably presented to hearing officers. The Council cannot make decisions on that information.

The City received a call of illegal work being done onsite. Tools were being washed with water going into the sewer. There was a fence and a retaining wall built. No permits were applied for this. There is a lot of concrete which could cause a problem. The wall is a problem for neighboring property…the height. The City met with the responsible party, gave information and requested plans to legalize things.

Multiple violation notices were sent out to the property owner beginning in December 2020.

Because violations remained uncorrected, a Compliance Order was issued on May 6, 2021. There were seven (7) administrative hearings with the final order presented on February 28, 2023. All violations were to be correct and inspected on or before Monday, May 1, 2023 at 4:00 p.m. If not corrected, penalties would result. All violations were listed from the beginning.

There was a lot of resistance from the appellants saying that improvements to the property should not have to be made. The City tried to work with the appellants, but they thought the work was too expensive. They are before us today to deny the $250 daily penalty.

Mr. Ruben Dorado, agent for the owner, and Mr. Matthew Goodwin, design consultant, were given the opportunity to speak. Mr. Goodwin said, “I’m a design consultant and very familiar with Guadalupe. Certain things are unreasonable. There is rebar used for the fence.” At this point, City Attorney Sinco said, “I object because this information was not presented during hearings.” Mr.

Goodwin then said, “Code Compliance Officer, I can send you pictures to see if rebar is there. This May 9, 2023 City of Guadalupe Council Meeting Minutes Page 11 of 14 property has six+ units. The Municipal Code is required to mitigate noise, etc. If there’s a parking lot, you’re required to put in a fence. [Mr. Goodwin cited Municipal Code 1852.122 – multi-family projects]. Respectfully, allow us to apply with proper permits, so we can comply with what is needed. It’s not unreasonable to show pictures and apply for a permit. We need conclusion on actual height of fence because there’s a slope. Design sets are accurate. I want the opportunity to put these in plan check.”
City Attorney Sinco said, “I’m stunned and dismayed. You had 1.5 years to take care of this. The City tried to work with them. Angry and these last minute…I’m more than happy to do what Mr.

Goodwin is suggesting. The goal has never been to punish but to bring the property into compliance. The City will give support but because of time and energy spent on staff report, etc., I don’t think fees should be waived. Maybe suspend until work is complete…maybe refer back to the Code Compliance Officer.”
Mr. Goodwin said, “I agree. I hope you’ll let us comply. I can get this into plan check by this Monday. I don’t think that arrogance or ignorance should be held again them. Perhaps principles….”
Mayor Julian said, “The Guadalupe Café has been good for Guadalupe. We have code compliance experience in knowing what’s needed. Pictures…you now say that rebar was used?” City Attorney Sinco said, “We didn’t know there were photos. We just needed to know if there was rebar. We didn’t ask to pull up the concrete wall.” Mr. Goodwin responded, “I understand they didn’t bring photos. They didn’t know.”
Mr. Jose Martinez, property owner, then said, “The city attorney said to do what needed to be done would cost $20,000. We couldn’t afford to satisfy request on the fence and wall.” City Attorney said, “The solution wasn’t dictated…it was suggested. We referred them to a person who was free. They were then referred to another person where the $20,000 came up. This was rejected by Mr. Martinez. The City even offered a payment plan.” Mr. Bodem asked, “Did the appellant know what was needed? If so, why wouldn’t you just say so?? Mr. Goodwin replied, “Like I said, they didn’t know.” Mayor Julian then asked, “You have pictures of rebar?” Mr. Goodwin said, “Yes, I have pictures of the whole set. I’d like the opportunity…so the City can inspect…mitigating noise as per ordinance and have the City inspect.

CM Costa, Jr. asked, “How do you not know you need a permit? If it’s a concrete cylinder wall, you need a permit. If Captain Schmitz said you needed a permit, why didn’t the owner go to the Building Department to say that my project was stopped? If you don’t know, why did you continue? They were never in compliance.” Mr. Dorado said, “If it isn’t above six feet, can’t require permit at Building Department.” CM Costa, Jr. then said, “You should have said to the Building Department that you needed it. Tell what you needed to the Building Department so they could give you information on a permit” Mr. Goodwin said, “I agree with what you said.” City Attorney Sinco added, “To CM Costa, Jr.’s comment, if a six feet fence is on top of a concrete fence, a permit is needed.”
May 9, 2023 City of Guadalupe Council Meeting Minutes Page 12 of 14 Mr. Goodwin then said again, “We want an opportunity to correct all of this.” CM Lizalde said, “Nobody enjoys this process. It’s difficult to not support staff’s efforts in trying to get things in compliance. I’m disappointed that this information wasn’t presented to staff before. The staff’s time needs to be recognized. Safety codes are there for a reason.” City Attorney Sinco added, “Depending on what the City Council wants to do, I’d recommend that this can be remanded back to the Code Enforcement Officer. Hold City’s costs. Impose costs subject to appeal. We can negotiate as issue can be avoided.” Mayor Julian said, “There has to be some middle ground. We want it done right by Monday….has to go back…” City Attorney Sinco said, “We can rescind or amend the costs/fees to bring things into compliance. I encourage the Council to discuss with Ms. Stockton.” Ms. Stockton said, “Sounds like the City Council is interested in giving recognition to the City’s efforts. If the City Council says go forward, progress will be made. The City Council may continue the item and with information on what happens, the City Council will be in a better position re:
administrative penalties.” Mayor Julian said, “I really support staff. There’s the Guadalupe style of ‘we don’t need…’, but we do need.”
CM Lizalde asked, “Do we continue with any specific date?” Ms. Stockton said, “Another council meeting to have an overall update from the owner and the Code Enforcement Officer.” City Attorney Sinco asked, “How long?” The mayor said a timeline was needed. Mr. Goodwin said, “Four to six weeks.” Mr. Bodem said, “There’s one dilemma. Mr. Greene, Building Official, is leaving this month.” City Attorney Sinco said, “That shouldn’t be a problem. We can give a 30-day continuance to monitor progress. If no delivery, the City Council can take action.” Motion was made by Council Member Lizalde and seconded by Council Member Robles to continue the appeal of Hearing Officer’s decision on Compliance Order re: 866 Guadalupe Street. 5-0 Motion passed.

Request to Speak
George Alvarez: I have a concern. I’m an ex-Planning Commissioner with the City. There was a separate group to deal with this before it got to you. I attended one of these hearings…it got personal. How are we going to deal with these things without professionals? Mayor Julian asked, “If we opened up the Planning Commission again, would you be interested in participating?” Mr. Alvarez said, “No, I’m too old.”
Steve Olsen: I’m a neighbor of Jose’s. I’ve lived six years in Pasadera. He’s a hard-working fellow.

Truth is in the building. It’s a beautiful building. I’m frustrated at the tone here. He needs to be appreciated for what he’s done.

Brian Kurokawa: My dad bought the building. In 1983, after the police raid, we didn’t have funds to get it back. Jose bought it. He’s hard-working and needs a little leeway.

May 9, 2023 City of Guadalupe Council Meeting Minutes Page 13 of 14 Mayor Julian said, “We’ve given him leeway.”

16. FUTURE AGENDA ITEMS
There were no new items added.

17. ANNOUNCEMENTS – COUNCIL ACTIVITY/COMMITTEE REPORTS
CM Lizalde: Central Coast Water Authority - Ms. Sweeney attended the April meeting. CM Lizalde will attend the April meeting. May 24th is the meeting with the School District re: Parking.

CM Robles: The Bobcats Wrestling Group is going into their final two (2) games. This Friday is the last home match at City Hall. There will be five (5) duals. As a new program, it is doing really well.

They will be competing against Mesa Middle School Hawks at 5:00 p.m. The weight categories range from 74 lbs. to heavyweights, beyond 225 lbs.

CM Costa, Jr.: This Friday, at the Guadalupe Social Club, is “Comedy Night”, an event for the Elks Queen. On Saturday, there will be a pancake breakfast at McKenzie Middle School, at 7:00 a.m.

CH Hernandez: Attended the Twitchell Management Authority meeting. They are requesting someone from the community to be on their water board. On the 20th there will be a free Viva el Arte concert at City Hall.

Mayor Julian: I want to thank the Fire Department who were out at the Cinco de Mayo festivities this Sunday at Le Roy Park. Also, dog food may be back at our monthly Food Bank distribution.

CM Costa, Jr. asked, “When it’s Food Bank time, can some signs be put up saying ‘No Parking’ on Obispo near Ninth Street so those parking in line for the food distribution can easily line up there.”

18. ADJOURNMENT TO CLOSED SESSION MEETING
One item to be discussed in closed session is “Conference with Labor Negotiators”.

Motion was made by Council Member Costa, Jr. and seconded by Council Member Lizalde to adjourn to closed session. 5-0 Motion passed. Meeting was adjourned to closed session at 8:25 p.m.

CLOSED SESSION

19. Conference with Labor Negotiators
(Subdivision (a) of Gov. Code Section 54957.6)
Agency designated representatives: City Administrator and Human Resources Manager May 9, 2023 City of Guadalupe Council Meeting Minutes Page 14 of 14 Employee organizations: Service Employees International Union (SEIU), Local 620 and Guadalupe Police Officers Association (POA)

20. ADJOURNMENT TO OPEN SESSION MEETING
Motion was made by Council Member Costa, Jr. and seconded by Council Member Lizalde to adjourn to open session. 5-0 Motion passed. Meeting adjourned to open session at 9:15 p.m.

21. CLOSED SESSION ANNOUNCEMENTS
“No reportable action”.

22. ADJOURNMENT
Motion was made by Council Member Costa, Jr. and seconded by Council Member Lizalde to adjourn the meeting. 5-0 Motion passed. Meeting adjourned at 9:16 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 May 23, 2023
_______________________________ _________________________________ Prepared by: Approved by:

Philip F. Sinco, City Attorney Todd Bodem, City Administrator SUBJECT: Second Reading of Ordinance No. 2023-510 Concerning Parking at City Hall RECOMMENDATION:

That the City Council adopt, on the second reading, Ordinance No. 2023-510 amending Chapter

10.24 of the Guadalupe Municipal Code regarding stopping, standing, and parking concerning parking restrictions at City Hall.

BACKGROUND:

The City Council introduced Ordinance No. 2023-510 at its meeting on May 9, 2023. This constitutes the second reading of the ordinance.

ATTACHMENTS

1. Ordinance No. 2023-510 entitled “An Ordinance of the City of Guadalupe, California Amending Chapter 10.24 of the Guadalupe Municipal Code Regarding Stopping, Standing, and Parking.”
Philip Sinco

ORDINANCE NO. 2023-510
AN ORDINANCE OF THE CITY OF GUADALUPE AMENDING SECTION 10. OF CHAPTER 10.24 OF THE GUADALUPE MUNICIPAL CODE REGARDING

STOPPING, STANDING, AND PARKING
WHEREAS, City staff met with the Guadalupe Union School District (GUSD) and worked on several proposals to alleviate traffic congestion during morning and afternoon school hours at Mary Buren Elementary School in December 2022, and is still continuing to work with GUSD concerning a traffic plan (as directed by the City Council at its meeting on February 14, 2023); and WHEREAS, as part of this plan and in anticipation of possible parking issues on Obispo Street in front of City Hall, staff proposed that parking permits be issued to City employees only for certain designated spaces, and any vehicles parking in the marked “Employee Parking” spaces without a visible permit, would be subject to citation; and
WHEREAS, part of this plan, some parking spaces were designated to be limited time parking places; and
WHEREAS, under California Vehicle Code section 22507, a city council may designate streets upon which adjacent businesses and residents and their guests as well as other designated groups, including but not limited to school personnel, may have preferential parking privileges via a permit system, while other parking is restricted; and WHEREAS, Section 22507 initially broadly empowered localities to regulate parking within their jurisdictions, and amendments to this section have expanded rather than restricted the powers accorded local government over parking matters (See, Friedman v City of Beverly Hills (1996) 47 Cal.App.4th 436, 443); and
WHEREAS, even though the authority granted by Section 22507 does not clearly state that a city can limit public parking spaces on a public street to a city’s employees only, since Section 22507 provides that a local government can designate public parking on public streets for the use of residents or merchants, or to “other designated groups, including but not limited to school personnel,” and in light of the “grant of power” given to cities to regulate parking within their jurisdictions in general, it appears to be within the authority of a city to limit some public parking spaces for the use of its employees only, so long as the use of permits for such purpose will not adversely affect parking conditions for residents and merchants in the area; and WHEREAS, Vehicle Code section 21458 allows a city council to limit the amount of time a vehicle can be parked in a designated public parking place; and WHEREAS, the City Council has reviewed a proposed parking plan for the area near the Guadalupe City Hall located at 918 Obispo Street, and specifically for the 25 parking spaces located on the east side of Obispo Street between Ninth and Tenth Streets, which plan includes ATTACHMENT 1

designating 12 of the 25 parking spaces for City of Guadalupe employee parking only during the hours of 7:00 a.m. through 5:00 p.m. on Mondays through Fridays, except for legal holidays observed by the City of Guadalupe, and designating four (4) of these parking spaces for 10-minute limited time parking during the hours of 7:00 a.m. through 5:00 p.m. on Mondays through Fridays, except for legal holidays observed by the City of Guadalupe; and WHEREAS, at the City Council meeting held on April 25, 2023, the City Council considered the proposed parking plan for City Hall but rejected the 10-minute limited parking, directing staff instead to limit the parking in the designated four (4) limited time parking spaces at City Hall to 20 minute; and
WHEREAS, also, because the City Council approved of the hours from 7:00 a.m. through 5:00 p.m. (Monday - Friday, except for holidays) for the 20-minute limited time parking at City Hall, it directed that Section 10.24.090 of the Guadalupe Municipal Code be amended to allow 20- minute limited time public parking during specific hours and/or days as determined by City Council resolution or minute order, rather than hours and/or days set forth in this section; and WHEREAS, it is also necessary to add a new section to Chapter 10.24 for violations of the “employee only” parking provisions of the proposed plan.

NOW, THEREFORE, the City Council of the City of Guadalupe does hereby ordain as follows:

SECTION 1. Section 10.24.085 is hereby added to Chapter 10.24 of the Guadalupe Municipal Code to read as follows:

10.24.085 Parking—City Hall district—Designated spaces for City employees only.

It is unlawful for any person, except a City of Guadalupe employee who has been issued a permit by the Director of Public Safety or designee, to park any vehicle in a parking space designated as “Employee Parking” on the east side of Obispo Street between Ninth and Tenth Streets during the hours between 7:00 a.m. through 5:00 p.m. of any day except Saturdays, Sundays, or legal holidays observed by the City of Guadalupe. Signs shall be erected, and the curbs shall be painted with black letters, designating the restricted parking spaces under the provisions of this section as “Employee Parking.”
SECTION 2. Section 10.24.090 of Chapter 10.24 of the Guadalupe Municipal Code is hereby amended to read as follows:

10.24.090 Parking—Limited time areas—Green marking.

The City Council shall have the power to locate and designate parking spaces upon the public streets of the City, in which it is unlawful for any person to park any vehicle for a period longer than 20 minutes between the hours of 9:00 a.m. and 6:00 p.m., Sundays and legal holidays

excepted, by order duly entered in the minutes of a regular or adjourned regular meeting. Such spaces so located and designated shall be painted with green paint on the curb surface and plainly marked “20 minute parking.” It is unlawful for any person to park any vehicle in any space so located, designated, painted, and marked as provided in this section for a period longer than 20 minutes.

SECTION 3. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA guidelines, and has been found to be exempt pursuant to §15306 of the CEQA Guidelines(Information Collection) because it does not have the potential to create a physical environmental effect.

SECTION 4. The City Council declares that each section, subsection, paragraph, subparagraph, sentence, clause, and phrase of this Ordinance is severable and independent of every other section, subsection, paragraph, subparagraph, sentence, clause, and phrase of this Ordinance. If any section, subsection, paragraph, subparagraph, sentence, clause, or phrase of this Ordinance is held invalid, the City Council declares it would have adopted the remaining provisions of this Ordinance irrespective of the portion held invalid, and further declares its express intent that the remaining portions of this Ordinance should remain in effect after the invalid portion has been eliminated.

SECTION 5. 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.

INTRODUCED at a regular meeting of the City Council on the 9th day of May 2023, by the following roll call vote:

MOTION: EUGENE COSTA JR. / MEGAN LIZALDE
AYES: 5 Councilmembers: Costa Jr., Hernandez, Julian, Lizalde, Robles NOES: 0
ABSENT: 0
ABSTAINED: 0
PASSED AND ADOPTED at the regular meeting of the City Council on the 23rd day of May 2023, by the following roll call vote:

MOTION:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTEST:

Amelia M. Villegas, City Clerk Ariston Julian, Mayor
APPROVED AS TO FORM:
_________________________________
Phillip F. Sinco, City Attorney

Agenda Item No. 6E

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of May 23, 2023
_______________________________ _________________________________ Prepared by: Approved by:

Tegnear Butler, Human Resources Manager Todd Bodem, City Administrator SUBJECT: Proposed reclassification for the Building & Planning Technician Job Description within the Building and Planning Department
BACKGROUND:

The Building and Planning Department has been staffed with a Planning Director and a Planner (both of which are independent contractors). City Council recently just approved the Associate Planner position to no longer outsource the role of planning functions. For many years the labor costs for this position were split between the Building and Planning department and Public Safety Department. Labor costs for the last two years have been solely with the Building and Planning department.

DISCUSSION:

The position has been a growing support function for the planning side of the department. Staff is recommending that the title of this position be changed to Building & Planning Technician and that the job description be amended to show the additional duties (including planning) that incumbent is responsible for performing/completing.

SALARY SURVEY:

The following information below shows neighboring cities in Santa Barbara and San Luis Obispo Counties having comparable positions similar to the Building & Planning Technician for City of Guadalupe.

Agency
Hourly Monthly Annual Hourly Monthly Annual Hourly Monthly Annual Hourly Monthly Annual Hourly Monthly Annual Hourly Monthly Annual Hourly Monthly Annual Job Classification
Building & Planning Technician 26.650 4,619.333 55,432.000 29.019 5,029.960 60,359.520 28.111 4,872.573 58,470.880 25.640 4,444.267 53,331.200 26.654 4,620.000 55,440.000 27.846 4,826.640 57,919.680 28.413 4,924.920 59,099.040 Agency
Hourly Monthly Annual Hourly Monthly Annual Hourly Monthly Annual Hourly Monthly Annual Hourly Monthly Annual Hourly Monthly Annual Hourly Monthly Annual Job Classification
Building & Planning Technician 32.395 5,615.133 67,381.600 35.273 6,113.987 73,367.840 33.821 5,862.307 70,347.680 31.166 5,402.107 64,825.280 32.394 5,615.000 67,380.000 33.846 5,866.640 70,399.680 34.536 5,986.153 71,833.840 Santa Maria
Step A Step A Step A Step A Step A Step A Step A
Guadalupe Buellton Lompoc Arroyo Grande Grover Beach Pismo Beach Santa Maria
Step E Step E Step E Step E Step E Step E Step E
Guadalupe Buellton Lompoc Arroyo Grande Grover Beach Pismo Beach Teg Butler

FISCAL IMPACT
The salary range for the prior Permit Technician position was at range 181 at $25.113 to $33.656. The proposed salary range for the reclassified Permit & Planning Technician position is range 184 at $26.650 to $35.715. With this reclassification the incumbent (at L2 Step) would be receiving $1.05 more per hour for the added duties not previously listed on Job Description and currently performing.

ATTACHMENTS:

1. Resolution No. 2023-38 Approving the reclassification of the Permit & Planning Technician position and classification for salary schedule.

RESOLUTION NO. 2023-38

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE APPROVING THE

RECLASSIFICATION OF THE PERMIT TECHNICIAN POSITION TO THE PERMIT AND PLANNING

TECHNICIAN POSITION AND NEW SALARY SCHEDULE
WHEREAS, Service Employees International Union Local 620 (“SEIU”) is the recognized employee representative for employees in the general employee’s representation unit; and WHEREAS, the City of Guadalupe and SEIU were signatories to a 2021-2023 Memorandum of Understanding (MOU) which expires on June 30, 2023; and WHEREAS, the City and SEIU established Salary Range 181 for Permit Technician in 2007, and has represented this position since its inception; and
WHEREAS, the City and SEIU met and conferred about the proposed reclassification of the Permit Technician position to the Permit and Planning Technician, and SEIU agreed to the reclassified job description/title with Salary Range 184; and
WHEREAS, this position will allow for continuous services and employment contingent upon adoption of the Permit and Planning Technician job description, attached hereto as Exhibit No. 1.

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

SECTION 1. That the City of Guadalupe hereby adopts the classification and job description (attached hereto as Exhibit A) for Permit and Planning Technician position effective May 23, 2023, and approves Salary Range 184 for this classification for the purpose of salary administration.

SECTION 2. 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 AND ADOPTED at a regular meeting on the 23rd day of May 2023, by the following vote:

Motion:

AYES:

NOES:

ABSENT:

ABSTAINED:

ATTACHMENT 1

I, Amelia M. Villegas, City Clerk of the City of Guadalupe DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2023-38, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held May 23, 2023, 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
1 CITY OF GUADALUPE
Building & Planning Technician
SEIU Range 184

JOB DESCRIPTION
5/11/2023
DEFINITION:

Under direction of the Associate Planner, this non-exempt (hourly) position provides customer service to process building & planning permit applications, building inspections, contractor license verifications, and certificates of occupancy. The Permit Technician help maintain building safety databases and property files.

ESSENTIAL FUNCTIONS:
• Serves as the first point of contact for customers with providing assistance pertaining to building permit policies and procedures.
• Processes building permits, encroachment permits, and business license applications (also administrative use permits when applicable).
• Assist public with submission of zoning clearance applications assigned to planning department. • Schedules inspections and works closely with Inspector. • Routes lot mergers, maps, and covenant agreements to county for recording. • Take responsibility to preliminarily review the submittal of zoning clearance applications for paving permits & accessory structures (requires extensive knowledge of Guadalupe Municipal Code Chapter 18). • Collects all building permit data for planning’s annual housing report for the State. • Distributes all revised plan submittals to appropriate staff. • Informs project applicants of city requirements, processes, and deadlines from time of initial contact to completion of the project.
• Verifies that zoning clearance has been issued prior to issuance of building or grading permit. • Issues building permits for approved plans and certificates of occupancy for completed projects. • Identifies and resolves customer problems; directs customers to the proper person or determines information required.
• Performs other duties as assigned.

OTHER FUNCTIONS:
• Receptionist for the department phone lines and services front counter. Screens calls and questions.

Refers to appropriate staff or department if needed.
• Complete monthly and yearly reports for US Census Bureau. • Works closely with public safety regarding Code Compliance issues. • Scans documents for storage in electronic content management (ECM) database. • Maintain permanent records of all planning files (hard and electronic) • Store and make planning reports available to visitors at counter. • Creates street files for new homes and businesses.
• Updates property files and notifies other departments of property address changes. • Accept and transmit business licenses to contract or staff planner(s) for review and signoff. Return signed forms to Finance department.
• Records permit information into permitting software database and maintains electronic and hard file property information.
• Processes payments and refund requests for department-related fees.

EXHIBIT A
2 CITY OF GUADALUPE
Building & Planning Technician
SEIU Range 184

JOB DESCRIPTION
• Coordinates with the City Postmaster, County Assessor’s office, property developer, County Safety Dispatcher and Sheriff’s Officer on all new addresses in the City. • Orders and maintains office supplies. Receives and distributes internal and external mail. • Participates in the administration of assigned activities; recommends and participates in the implementation of policies and procedures. Takes lead in mailing out legal project public notices for environmental documents and city council meetings.
• Arranges issued permits & plans for County Assessor’s office pickup. • Intakes planning discretionary applications & fees. Routes all plans to city departments (including check payments to the Finance Department).
• Collaborates with the Plans Examiners to respond to permit inquiries and assesses appropriate project valuations and permit fee.
• Respects the needs and objectives of applicants while working with them to make changes in project applications in order to comply with building plans, policies, codes, and criteria. • Coordinates with planners when technician will not physically be in office, and have them provide/forward contact information.
• May serve as permit coordinator for special projects.

PERFORMANCE STANDARD:

Employees at all levels are expected to effectively work together to meet the needs of the community and the organization through work behaviors demonstrating the City’s values. Employees are also expected to lead by example and demonstrate the highest level of ethics.

KNOWLEDGE/SKILLS:
• Operations, services, and activities of a building services program. • Organization, procedures, and operating details of the division. • Basic knowledge of building codes.
• City government organization, functions, policies, rules, and regulations. • Office procedures, methods, and equipment including computers and applicable software applicationssuch as word processing, spreadsheets, and databases.
• Basic accounting skills.
• Principles and procedures of record keeping and filing.

Ability to:
• Understand the organization and operation of the City and of outside agencies as necessary to assume the assigned responsibilities.
• Read and identify geographical specifications.
• Operate office equipment including computers and supporting word processing, spreadsheet, and database applications.
• Type or enter data at a speed necessary for successful job performance. • Understand and follow oral and written instructions.
• Work independently in the absence of supervision.
• Communicate clearly and concisely, both orally and in writing. • Establish and maintain effective working relationships with those contacted in the course of work. 3 CITY OF GUADALUPE
Building & Planning Technician
SEIU Range 184

JOB DESCRIPTION
EDUCATION/EXPERIENCE:

High School diploma or GED and two years of administrative experience or two years of experience in the building construction industry required; experience in a municipal building department preferred.

PHYSICAL REQUIREMENTS:

The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
• Requires the ability to exert light physical effort in sedentary to light work. • Some lifting, carrying, pushing and/or pulling of objects and materials of light weight (5-10 pounds). • Tasks may involve extended periods of time at keyboard or workstation. • Some tasks require the ability to perceive and discriminate sounds and visual cues or signals. • Some tasks require the ability to communicate orally.

WORK ENVIRONMENT:

The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
• Essential functions are regularly performed without exposure to adverse environmental conditions.

The noise level in the work environment is usually quiet in the office and moderate to loud in field settings.

SALARY RANGE & BENEFITS:

HOURLY SALARY: $26.65 - $35.715, Plus Benefits
BENEFITS: Vacation, Sick Leave, and Holidays. Medical/Dental/Vision/Life Insurance. 2% @ 55 for “Classic” employees; 2% @ 62 for “PEPRA” employees.

This job description is not intended to be all-inclusive. The employee may also perform other reasonably related duties as assigned.

The City of Guadalupe provides equal employment opportunities to all employees and applicants for employment and prohibits discrimination and harassment of any type without regard to race, color, religion, age, sex, national origin, disability status, genetics, protected veteran status, sexual orientation, gender identity or expression, or any other characteristic protected by federal, state, or local laws.

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 00001100
211 PC ROBEBRRY 00000000
242/245 PC ASSAULT 5 3 4 4 13 11 12 11
459 PC BURGLARY 1 0 1 0 10 4 6 3
484/487 PC THEFT 1 0 2 0 12 1 21 2
10851 VC VEH THEFT 0 0 4 0 8 0 13 9
451 PC ARSON 00000010
TOTAL 7 3 11 4 44 17 53 25
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 0 0 1 0 12 0 9 0
MISDEMINOR 8 1 7 0 28 3 30 1
TOTAL 8 1 8 0 40 3 39 1
23152(a&b) VC ARREST

WARRANT ARREST
12 2
3 1
2 1
5 5
$1,200.00 $4,202.00 $8,425.00 $16,846.00
$0.00 $0.00 $25.00 $400.00
260 346 500 1267
2187
90 241 310
170 256 687 957
NOTE: DUI AND WARRANT DATA ARE INCLUDED IN ABOVE ARREST TOTALS MONTH OF APRIL 2023

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 90 Agenda Item 6F. 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 00001100
MARIJUANA 00110011
PARAPHERNALIA 00110022
TOTAL 00221133
PART V: SPECIAL DATA

OFFICER ASSULTED

INJURY ON DUTY
ADDITIONAL INFORMATION:

STAFFING:                               1 POLICE CHIEF FILLED 1 POLICE LIEUTENANT FILLED
2 POLICE SERGEANTS 1 UNFILLED POSITION
2 AIRPORT POLICE OFFICER FILLED
10 POLICE OFFICERS 3 UNFILLED POSITIONS
3 OFFICE STAFF PERSONNEL 2 FULL TIME FILLED/1 TEMPORARY POSITION FILLED 5 RESERVE POLICE OFFICERS 5 UNFILLED POSITIONS
1 COMMUNITY SERVICE TECHNICIAN FULL TIME POSITION UNFILLED 1 EVIDENCE TECHNIAN 1 UNFILLED POSITION
2 POLICE VOLUNTEERS 2 UNFILLED
COMMENTS:
000
0000
MONTH OF APRIL 2023

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

THIS MONTH THIS MONTH LAST YEAR THIS YEAR TO DATE LAST YEAR TO DATE 0 Rev: 12/01/2022

GUADALUPE FIRE DEPARTMENT
TO: PUBLIC SAFETY DIRECTOR, MICHAEL CASH
FROM: CAPTAIN PATRICK SCHMITZ
SUBJECT: MONTHLY SUMMARY OF CODE ENFORCEMENT CASES
April 1, 2023 – April 30, 2023
DATE: 05/01/2023
CALLS FOR SERVICE April 2023
INCIDENT TYPE This
Month
Last
Month
Year to Date
(2022-2023)
Year to date
(2021-2022)
Medical 30 38 286 326
Structure Fire 0 0 3 0
Cooking Fire 0 0 1 4
Trash or Rubbish Fire 0 1 9 9
Vehicle Fire 0 0 2 4
Grass/Vegetation Fire 0 0 1 3
Other Fire 0 0 3 4
Motor Vehicle Accidents with Injuries 2 0 9 20
Motor Vehicle Accidents No Injuries 1 1 12 21
Motor Vehicle/Pedestrian Accident 0 0 4 0
Hazardous Materials Spill/Release 0 0 3 4
Hazardous Condition Other 1 1 21 9
Water Problem/Leak 0 0 4 6
Animal Problem 0 0 1 1
Search / Rescue 0 0 3 0
Public Assistance 2 4 18 33
Police Matter/Assistance 0 2 6 10
Illegal Burn 0 0 0 0
Smoke/CO Detector Activation 1 1 19 8
Dispatch and Canceled En-route 3 3 19 35
False Alarm 1 1 11 14
TOTAL 41 52 435 511
Additional Information
STAFFING: 1 Public Safety Director (Police/Fire Chief)
3 Fire Captains
3 Fire Engineers
0 Paid Call Firefighters 6 Position Vacant
Agenda Item No. 6F 1b.

Rev: 12/01/2022

GUADALUPE FIRE DEPARTMENT
Special Assignments / Coverage:
- School Visit (Mary Buren, 04/06)
- Food Distribution (04/06)
- Fire Drill (McKenzie Jr. High, 04/18)
- School Visit (Mary Buren, 04/21)
- Fire Drill (Mary Buren, 04/27)
- Strawberry Festival EMT Coverage (04/28, 04/29, 04/30) CODE COMPLIANCE CASES ` April 2023
INCIDENT TYPE This
Month
Last
Month
Year to Date
(2022-2023)
Year to date
(2021-2022)
Business License (GMC 5.04.110) 0 0 0 2
Animal Nuisance (Odor, Noise) (GMC 6.04.100 (A, E)) 0 0 - - Fowl, Livestock, and Wild Animals (GMC 6.04.210) 0 0 2 - Residential Solid Waste Collection (GMC 8.08.070) 0 0 - - Litter Accumulation (GMC 8.12.020) 3 1 6 0
Burning Garbage Prohibited (GMC 8.12.150) 0 0 - -
Abatement of Weeds and Rubbish (GMC 8.16.010) 17 0 29 0 Discharge of Illegal Fireworks (GMC 8.24.020) 0 0 - -
Unlawful Property Nuisance (GMC 8.50.070) 0 0 - -
Graffiti Abatement (GMC 9.07.060) 0 0 - -
Parking of Large Vehicles / Trailers (GMC 10.24.190) 0 0 - - Abandoned Vehicles (GMC 10.36.010) 1 2 4 -
Portable/fixed basketball goals (GMC 10.48.050) 0 0 - - Address Number (GMC 15.08.020 (505.1)) 10 12 33 0
Illegal Garage Conversion 0 2 2 -
Wall, Fence, or Hedge Requirements (GMC 18.52.121) 1 0 1 - Damage Fence (GMC 18.52.125) 0 0 - -
Trailers / Mobile Homes as Living Space (GMC 18.56.030) 0 0 - - Parking on Front Yard Setback (GMC 18.60.040) 3 3 22 -
Landscape Maintenance Required (GMC 18.64.120) 0 0 - -
Working Without Permits (GMC15.04.020) 0 1 3 0
Complaints (No Violation Found) 0 0 6 5
Apartment Inspections 0 0 91 80
Yearly Business Inspections 0 1 49 48
Other 2 1 14 12
TOTAL 37 23 262 147
Complaints Received 1 3 11 10
Miscellaneous This
Month
Last
Month
Year to Date
(2022-2023)
Year to date
(2021-2022)
Visitors 40 66 337 215
Public Relations 2 6 53 38
School Station Visits 2 0 6 4

GUADALUPE CODE COMPLIANCE
TO: PUBLIC SAFETY DIRECTOR, MICHAEL CASH
FROM: CODE COMPLIANCE OFFICER, JOSUE MERAZ
SUBJECT: MONTHLY SUMMARY OF CODE ENFORCEMENT CASES
APRIL 1, 2023 – APRIL 30, 2023
DATE: 5/01/2023

CODE ENFORCEMENT CASES

INCIDENT TYPE
This
Month
Last
Month
Year to Date
(2020-2021)
Prohibition of illicit discharge (GMC 13.24.050) 0 0 0
Animal Nuisance (Odor, Noise) (GMC 6.04.100 (A,E)) 0 0 3 Fowl, Livestock and Wild Animals (GMC 6.04.210) 1 0 1
Litter Accumulation (GMC 8.12.020) 0 0 1
Abatement of Weeds and Rubbish (GMC 8.16.010) 3 0 5
Unsafe Buildings-Collecting Rent for (GMC 8.40.030) 0 1 1 Unlawful Property Nuisance (GMC 8.50.070) 0 1 2
Graffiti Abatement (GMC 9.07.060) 0 0 0
Abandoned Vehicles/ Vehicle Covers (GMC 10.36.010) 6 0 6 Portable/fixed basketball goals (GMC 10.48.050) 0 0 0
Parking of large vehicles/trailers (GMC 10.24.190) 0 0 1 Wall,Fence,or Hedge Requirements (GMC 18.52.121) 0 0 0
Working Without Permits (GMC15.04.020) 0 0 0
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 0
Parking on Front Yard Setback (GMC 18.60.035) 1 0 3
Trailers/Mobile homes as living space (GMC 18.56.030) 0 0 1 Residential Solid Waste Collection (GMC 8.08.070) 0 0 0 Landscape Maintenance Required (GMC 18.64.120) 1 0 1
Discharge of illegal fireworks (GMC 8.24.020) 0 0 0
72hr Parking 20 4 27
Code 60 Citations 19 1 20
TOTAL 51 7 72
Complaints Received 3 4 17
Miscellaneous This
Month
Last
Month
Year to Date
(2020-2021)
Visitors 0 0 0
Public Relations (Food distribution, Covid Vaccination) 1 1 3 School Visits () 0 0 0
Agenda Item No. 6F 1c.

HUMAN RESOURCES MONTHLY REPORT
April 2023

RECRUITMENT
Finance 0 Inactive Employees
All positions are filled in this department with Finance Director and Finance clerk hired and starting within the last 6 months. Interim Finance Director finished all duties in early April.

Police 2 Inactive Employees
One remaining funded Police Officer position for recruitment. Candidates are being reviewed currently by Chief of Police.

Emergency Preparedness Coordinator – Funding for this position (per City Council) has been put on hold until the next fiscal year (July 2023).

Fire 0 Inactive Employees
All positions filled within this department. Not actively recruiting for any budgeted positions.

Public Works 0 Inactive Employees
Engineering Technician position filled and started on 3/8/23.

Maintenance Worker – Conditional offer accepted by candidate with a proposed start date in early May. Pre-employment requirements pending
Agenda Item No. 6F. 2.

HR Monthly Report – April 2023

Recreation/Facilities 0 Inactive Employees
Lead Maintenance position - Position currently has for a fifth time been offered and accepted to a candidate who is currently completing pre-employment requirements.

Building Attendant – Secondary interviewing completed in late March with hiring manager selecting candidate to give conditional job offer. To date, the position has not yet been accepted.

Building & Planning 0 Inactive Employees
Associate Planner – Position is being actively recruited after City Council Approved resolution on 4/25/23 Council Meeting allowed city to no longer outsource the position.

Accepting Applications since the end of April.

WORKERS’ COMPENSATION
One employee remains out on temporary total disability with a hip injury. A qualified medical evaluation (QME) occurred in January to determine the temporary total disability. Periodic follow-up appointments are scheduled with Akeso, City’s local health clinic. Workers’ compensation approved physical therapy, too.

CITY ADMINISTRATOR’S REPORT
May 23, 2023
(Information below may be subject to change)

1. Revenue Augmentation – City Administrator Options
In previous discussions with the City Council and Interim City Administrator Bob Perrault, over the years, the City has made significant improvements to its financial condition. The fact that the City had reserves sufficient to cover the costs of storm impacts is a testament to these improvements. Looking at the General Fund, it has been subsidized during the last two years with ARPA funding at about $600,00 per year. These funds will no longer be available after FY

24. The Public services, provided by the General Fund that seem to be most critical to the public are Public Safety Services and Parks and Recreation Facilities and Programing. These combined services account for 67% of the General Fund Budget. Cutting the costs of other Departments to ensure the maintenance of Public Safety/ Parks and Recreation programs is not viable. Revenues from the Cannabis industry have been slow to materialize and are not likely to contribute the revenues needed to meet the cost demands of delivering critical services.

What may need to be explored is for the City to seriously look at augmenting the General Fund with either a parcel tax or the implementation of a “Mello Roos” Community Service Facilities District with proceeds from these sources used to augment the General Fund specifically for the delivery of Public Safety/ Parks and Recreation services. This recommendation deserves a detailed review. It would be a heavy lift. Both alternatives would require a 2/3 majority at the poll. Keep in mind the recent ballot measure to raise the Transient Occupancy Tax failed but by only 4 votes. The success of such a ballot measure would be dependent on the level of public education regarding the necessity of augmenting existing funding sources. In the event one of these revenue-raising options is successful it would sole source the funding for critical services leaving the remainder of General Fund revenues to fund other core services.

2. Transportation Committee Meeting
The City Administrator met in the city council chambers for the 2023’s 2nd Transportation Committee Meeting on May 17th from 5:30 - 7:30. Various Community Stakeholders were present including Cory Bantilan, Office of Supervisor Lavagnino. Topic: January 9th Floods and the Guadalupe Area Caltrans Projects. Following up on our conversation, we are looking forward to continued meetings about transportation topics each month.

3. Diablo Canyon Power Plant (DCPP) Site Visit ono June 8 In anticipation for PG&E upcoming site visit to Diablo Canyon Power Plant (DCPP) on Thursday, June 8 ---- PG&E reached out to the City Administrator to obtain some required Agenda Item No. 7
information from him to obtain the necessary security clearance for him to lead a team for this visit.

4. Business Access Concerns (Between 9th and 10th Streets) As you may know, the Mayor, City Administrator, and Brook Van Wingerden/Lexie (partner) of the social club business located on Guadalupe Street met to discuss vehicle access to the rear of businesses especially behind the Social Club related to problems the Club has delivering large equipment for events.

At the time this report was written, another meeting was scheduled with a larger business group, city staff, Mayor, and property owners for May 19th, 11:00 a.m. to discuss options to improve access. The City Administrator will ask the City Attonrey to see if Pioneer Street can be used. We think Pioneer Street was probably a paper street on a plat design of the past and never was physically used. An existing APN site plan will be handed out at the meeting showing property ownership. The City will probably ask the property owner(s) to pay for a title report.

5. Royal Theater Temporary Face Lift – Volunteers
The City Administrator and the Mayor were approached by a group of private citizens (in particular, Garret Matsuura) who want to donate paint, supplies, and time, to repaint the front of the Royal and replace some of the plywood so it doesn't look as bad as it does now.

This is a temporary facelift as the overall remodel of the project will commence in about 1 year.

The group of volunteers will coordinate with Recreation and Parks Manager Hannah Sanchez and the new Maintenance Lead to coordinate liability waiver forms and to ensure the volunteers are in unison with city staff.

6. Chevron Guadalupe Project Site Tour.

On Monday, May 22nd (2 p.m.), the Mayor, City Administrator, and others are tentatively partaking in a tour of the Chevron/Guadalupe Restoration Project Site. The Mayor signed an agreement, and the city will receive a $90,000 check for the annual expenses for Chevrons yearly use of the local streets.

7. Large People Sign Cutouts
Mayor Julian and his wife Lourdes received sign images from residents showing the large farm worker murals one sees in the Salinas Valley area. The Mayor stated that this would be a good idea to display coming in from the North and on Degasperis property, adjacent to Le Roy Park. The City Administrator has been in contact with the Artist to see about costs.

8. Highways 1 and 166 Consolidated Project Update
Caltrans are working on the cost estimate for a consolidated project (Caltrans CAPM with the SBCAG and Pasadera improvements incorporated). They are aiming for a meeting with City of Guadalupe, SBCAG and CT at the end of May so that we can review the 30% design that they have developed for the consolidated project and discuss the coast responsibilities that would be shared between CT, SBCAG and Pasadera.

CT need to double check with two CT staff, but think these are the best meeting options:

May 30: 3:30-5 pm
May 31: 2:30-4:30 pm

9. Santa Barbara County Economic Development & Housing Roundtable Notes – May 5th Below are some reflections and next steps from the Santa Barbara County Economic Development & Housing roundtable that was had in Buellton on May 5th. For all those involved, the engagement and commitment during the meeting was greatly appreciated. The group is also very appreciative of Congressman Carbajal and Colonel Long’s efforts and the work of many of them to catalyze this discussion.

Economic Development Gallery Walk Highlights:
• Highlighted the importance of broad-based engagement to develop the potential of our major Innovation Hubs - Clean Tech Innovation & Commercial Space • Showcased the new campaign identity and regional marketing strategy to garner attention and interest and encourage business relocation and expansion on the Central Coast
• Awareness about the immense economic opportunities these initiatives could unlock for jobs in our region.
• Identified the lack of workforce housing as a significant risk to the success of these initiatives
• Highlight efforts to attract planning and implementation grant funds from State and Federal sources via the Community Economic Resilience Fund (CERF) and Comprehensive Economic Development Strategy (CEDS).

Insights from Workforce Housing Brainstorm:

A common thread that emerged from the discussions was the recognition and consensus on the need for regional strategies, regional commitments, and regional planning when addressing workforce housing. This united approach was echoed across all groups, underlining the importance of collective efforts in solving our housing crisis. • The importance of a regional approach, acknowledging that the region’s smaller communities’ efforts are challenging without such a strategy. • An emphasis on maintaining the voice of individual communities while also identifying common pain points.
• The need for greater coordination between regional agencies, developers, and private companies to build affordable by design and employer sponsored housing • The necessity to address infrastructure, water, and challenged areas as part of a comprehensive regional plan.
• The urgency to gather qualitative and quantitative data to inform our approach and strategies.
• The recognition of the fiscal benefits and the creation of jobs and thriving communities that would come from a robust regional housing strategy

Agenda Item No. 9

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of May 23, 2023

_______________________________ _________________________________ Prepared by: Approved by:

Bill Scott, Contract City Planner Todd Bodem, City Administrator SUBJECT: Public Hearing to consider Conditional Use Permit (2022-048-CUP), Design Review (2022-069-DR), and a CEQA Notice of Exemption for Element 7 Guadalupe, LLC, a retail cannabis dispensary at 859 Obispo Street (Assessor’s Parcel Numbers 115-092-016).

EXECUTIVE SUMMARY:

The applicant, Element 7 Guadalupe, LLC is requesting City Council approval of a conditional use permit (CUP), a design review (DR); and a CEQA Notice of Exemption, to allow a retail cannabis dispensary in a 2,500 square-foot ground floor tenant space at 859 Obispo Street (Attachment 2 - Aerial Site Map). The building is located in the Downtown Mix-Use zoning district. Municipal Code Section 18.35.030(5) requires conditional use permit review and approval for a cannabis dispensary in the Downtown MixUse zone. Municipal Code Section 18.73.010.10 specifies design review is required on properties fronting Guadalupe Street in the City’s Downtown. Furthermore, Chapter 9.22, the Cannabis Business Permit Ordinance applies to the review and operation of a dispensary use. A Class 1 Categorical Exemption (Reuse of Existing Facilities) 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. 2023-39 approving Conditional Use Permit 2022-048-CUP, and Design Review 2022-069-DR; including CUP and DR Findings, a CEQA Class 1 Exemption, and the conditions of approval.

BACKGROUND:

On August 17, 2022, Element 7 Guadalupe, LLC filed conditional use permit application (2022-048-CUP) and Design Review (2022-069-DR) with the Department of City Planning to allow a retail cannabis dispensary at 859 Guadalupe Street. As provided under Chapter 9.22 of the Guadalupe Municipal Code, (Cannabis Business Permit Ordinance) Element 7 Guadalupe, LLC was a finalist selected through the City’s retail competitive process. As the next steps, the process to obtain a City Commercial Cannabis Business (CCB) Permit requires:
a) Conditional Use Permit (CUP) approval;
Bill Scott

b) A Community Benefit Agreement;
c) An Approved Building Permit.

Project Site:

As noted, Element 7 Guadalupe, LLC proposes a retail cannabis dispensary in the vacant 2,500 squarefoot ground floor space in a multi-level building at 859 Guadalupe Street. The lease space was previously occupied by a sports bar (Anthony’s Sports Bar). Secondary use areas include a 558 square-foot covered patio on the west side of the retail space and a basement directly beneath the retail lease space. Use of the basement will be limited to deliveries of inventory and secondary egress. The applicant envisions use of the patio for special group events subject to issuance of a conditional use permit or an Administrative Temporary Use Permit (if available) by the Planning Department Three upper floor apartments will not have any association with the cannabis facility operations and are provided with their own separate external access stairway(s). Minor exterior improvements are envisioned including outdoor security lighting, new signage, and decorative landscape planter boxes.

Product Inventory:

The Element 7 dispensary proposes to offer a mix of cannabis products that are commonly purchased at retail dispensaries, including: flower, concentrates, edibles, topicals and lotions, tinctures, pre-rolls, and accessories. The applicant has indicated a wide range of topicals will be offered for elderly and retired locals. Product delivery will also be a part of the business operation. A more detailed list of items allowable for merchandising are listed in Condition 7 of Exhibit 3, of the draft Conditional Use Permit.

State Licensing:

The dispensary will operate under a State of California Type 10 (Storefront Retailer), license; or equivalent licensing as determined by the state for retail dispensary sales and delivery, serving both medical patients and adult-use customers.

DISCUSSION:

The two main issues identified in association with this conditional use/design review permit are: 1) compatibility with the neighboring properties; and 2) Municipal Code conformance, specifically conformance with Chapter 9.22 of Title 9 (Commercial Cannabis Business Ordinance), and Title 18 (the Zoning Ordinance).

Compatibility With The Neighboring Properties:

Sensitive Land Use Survey:

As is typical with any conditional use, and particularly those conditional uses that cater exclusively to adults, compatibility with neighboring land uses is a primary consideration. As the first criteria, proximity to sensitive land uses was evaluated. Municipal Code Section 9.22.330 of City’s cannabis ordinance (Location and Design) identifies certain land uses that are designated as “sensitive land uses.” The ordinance establishes a dispensary shall be no closer than 600 feet from any parcel in the City designated by the City and State law as a sensitive use. Among those identified as a sensitive land use are:
• A school providing instruction in kindergarten or any grades 1 through 12 (whether public, private, or charter, including pre-school, transitional kindergarten, and K-12);

• A commercial daycare center licensed by the State, County or City which is in existence at the time the license is issued;
• A youth center that is in existence prior to the submittal of the initial cannabis application or at the time the license is issued.

Based on this requirement, as a first measure City staff conducted a land use (Zoning Verification) survey in late 2021. The results of the survey concluded no use designated as sensitive land use is within a 600- foot radius of the proposed dispensary site at 859 Guadalupe Street. Thus, it was found that a cannabis dispensary at this location would have no direct impact on a designated sensitive land use.

Neighborhood Compatibility:

The variety of usesthat make up this part of Downtown Guadalupe are in close proximity to the proposed dispensary site. The Royal Theatre and various retail shops are to the east. A two-story building abuts 859 Obispo Street on the south and attached apartment units are directly above the dispensary space.

Residential properties surround the parking lot on the west and a supermarket is further south. Among the primary issues are ensuring the facility is secure and that the anticipated flow of visiting customers is managed with no disturbance to neighboring properties. For example, staff noted the size and location of the parking area on the rear-side of the dispensary could potentially be an attractive place for people lingering or use of merchandise in parked vehicles after purchase. Other potential neighborhood impacts resulting from added outdoor security lighting and indoor odor were considered by staff.

The conditional use permit and design review incorporates both industry standards identified by HdL Associates and Scott Bruce (the City’s cannabis consultants) and site-specific conditions identified by contract City Planning staff. As a standard requirement the facility will be well Illuminated from the hours of dusk to dawn 365 days per year. The conditional use permit is conditioned to ensure outdoor security lighting will be properly located and shielded to minimize potential light and glare impacts on neighboring uses. The final lighting plan will be evaluated prior to issuance of a building permit.

Consultant Scott Bruce determined that potential odor impacts to neighboring uses would be minimal due to the relatively small scale of the dispensary and its inventory. As a contingency measure, Condition 21 has been added to address odor just in case odor complaints do arise. Furthermore, the CUP is conditioned to require security personnel to be on duty, 30-minutes before, during and 30-minutes after, all hours of operation to ensure no disorderly activity occurs around the building or in or around the parking areas to the rear of the dispensary.

Industry standard “hardening” measures recommended by HdL are applied to ensure the facility is properly secured during nighttime hours. Other operational controls include: an indoor and outdoor camera plan, area access restrictions plan, a product delivery plan, a customer identification and monitoring system, and City Police Department coordination are all part of the overall facility operations plan. Each of these measures is specified in detail in the preliminary draft of the conditional use/design review permit attached to the City Council Resolution as Exhibit 3. Requisite measures applicable to the retail dispensary are further summarized in the Municipal Code conformance discussion below.

Land Use Compatibility Conclusion: The 859 Obispo Street location wasfound to meet or exceed the 600- foot radius sensitive land use and site design criteria established by Municipal Code Section 9.22.330.

Through diligent management by the operator; and as stipulated by this CUP/DR permit, the facility is anticipated to be a secure and compatible addition to the area. Based on the above, the dispensary use

should relate to the neighborhood and its occupants no differently than any typically permitted retail use in the area.

Municipal Code Conformance:

Cannabis Ordinance Conformance:

Chapter 9.22 of the City of Guadalupe Municipal Code (Cannabis Business Permit Ordinance) regulates all requests for commercial cannabis businesses in the City. Among the stated purposes of Chapter 9.22 is to: …Regulate the Adult Use Cannabis Act (“Proposition 64” approved by California voters in 2016), while imposing sensible regulations on the use of land to protect the City’s residents, neighborhoods, and businesses… Portions of this Chapter applicable to the Element 7 dispensary are summarized as follows:

Prior to commencing operation Section 9.22.027 requires all commercial cannabis business in the City must receive:
a) A valid cannabis business permit from the City.
b) A valid State of California seller’s permit; and
c) The owner/operator shall obtain the required State licenses.

Additionally, Municipal Section 9.22.400 sets specific minimum standards for retail dispensaries.

Municipal Code Section 9.22.400 regulates the following:
• Hours of operation;
• Age Restrictions;
• Access restrictions;
• Packaging requirements;
• Signage standards and limitations;
• Security; and
• Reporting and tracking of merchandise.

The requirements for those and other standards contained in Chapter 9.22 are conditions in the conditional use/DR permit. The procedural details necessary to implement some requirements will be established by the Applicant and the City Administrator, or the City Administrator’s designee after conditional use permit/design review approval. Examples of measures that require further coordination include: Police Department security coordination, inventory tracking and reporting to the City, and establishing a dispensary community contact person and citizen contact procedure. Those procedures would be more precisely defined by the Applicant and the City prior to final issuance of the cannabis business permit.

Community Benefit Agreement:

Section 9.22.110 (Community Benefit) of the cannabis ordinance establishes that each commercial cannabis application must include a community benefit component. This code section recognizes a wide range of beneficial opportunities are available; from in-kind donations; to sponsorship of community events; or financial support for a variety of special community events ranging from fairs and afterschool programs to community centers park and recreation programs. Prior to approval of a commercial cannabis business permit, the owner/operator of the Element 7 dispensary will enter into a community

benefit agreement with the City. In addition, this community benefit agreement must be entered into with the City no later than by September 30, 2023.

Conclusion: Chapter 9.22 of the Guadalupe Municipal Code provides the regulatory methods to ensure that commercial cannabis dispensaries in the City are a good fit for the immediate neighborhood and add benefit for the larger community as well. Furthermore, the ordinance ensures the City’s commercial cannabis application process is fully aligned with state law. The operations associated with the Element 7 dispensary will comply fully with the specifications of Municipal Code Chapter 9.22, Cannabis Business Permit Ordinance.

Conformance to the Zoning Ordinance:

As noted, the dispensary will occupy the vacant tenant space previously occupied by a sports bar and restaurant. Therefore, except for the conditional use itself, there are relatively few improvements that require zoning code review.

Parking: Municipal Code Section 18.60.050(D)(6) requires one (1) off-street parking space for each 260 square feet of retail floor area. Off-street parking needs are based on the 2,500 square-foot retail store space and the 558 square-foot covered patio that will accommodate occasional events. Based on the 3,058 total square-foot retail floor area, a total of twelve (12) parking spaces is required to meet the offstreet parking needs of the dispensary. A common twenty-nine (29) space surface parking lot is already in place to serve the dispensary. The 29-space shared parking lot is determined by Planning to provide the parking spaces needed to meet the Municipal Code requirement for off-street parking.

As noted, the code required off-street standard has been met. It also is noted that at this downtown location supplemental use of marked on-street parking spaces by dispensary customers is supported.

The use of on-street parking by some portion of the dispensary customers is expected to introduce new consumers to the many other shops, restaurants and attractions available in Downtown Guadalupe.

Service Vehicle Parking, Loading and Storage: The facility will have one to two delivery vehicles (e.g., delivery vans). On-street, storage, loading or non-delivery related parking of company vehicles is prohibited. In accordance with Municipal Code 18.37.010(B), the property manager will establish a designated storage location for company vehicles in the parking lot behind the 859 Guadalupe Street building.

Landscape: Municipal Code Chapter 18.64.030 typically requires a landscape plan when a new use is established in a building. However, in this fully urbanized downtown location opportunities for new landscaping are limited. In this case, sidewalk landscape planters would provide a satisfactory landscape enhancement. A condition has been added to the conditional use/DR permit to require decorative landscape planter boxes in locations at the front of the dispensary where pedestrian access clearances can be maintained.

Design Review: As specified by Municipal Code Section 18.73.010.(10), a design review is required at this Downtown Guadalupe Street location. In this case design review mainly addresses exterior and aesthetic improvements. The main aesthetic consideration is the existing metal security gates that cover the three archways at the entry to the dispensary suite. HdL has advised that roll-up window coverings should be installed for nighttime security; and thus, the existing security bars are not needed. Planning staff

believes that the appearance of the existing security bars defeats the “Harmonious Design” findings requirement of the Design Review; and is recommending removal of the metal gates. The building owner is advocating that the metal gates should remain citing encroachment, loitering, and urinating in the storefront arcade area behind the gates if the metal security gates are removed.

Staff believes that once the suite is not vacant and is operational with the requisite security measures in place, any problems will be minimized. The storefront will be maintained by the operator. The objective of the “Harmonious Design” finding of the design review is for the facility to appear as safe and “fitting” like the majority of retail shops downtown. The vast majority of stores downtown don’t have metal bars prominently covering their storefront. The large metal gates appear to be contrary to General Plan objectives for a downtown that appears to be safe and appealing to visitors.

Otherwise, only minor exterior modifications such as new security lighting, minor fencing, new signage and decorative planter box design are envisioned. The placement, design, color, and materials selection of all exterior modifications are a part of the Design Review.

Zoning Clearance: As specified by Municipal Code Section 18.12.010; a Zoning Clearance shall be required prior to the issuing of building permits. The Planning Department has established a specific process for the zoning clearance review. The zoning clearance provides assurance that all of the requirements of the conditional use permit have been fulfilled prior to building permit issuance; and that the building plan submittal is fully aligned with the parameters established by the conditional use permit. The zoning clearance application and review process is relatively brief and is described in Condition 19 of the conditional use permit.

Municipal Code Conformance Conclusion: The Element 7 retail cannabis dispensary will comply fully with all applicable provisions of the City of Guadalupe Municipal Code, particularly as specified by Municipal Code Chapters 9.22 (Cannabis Business Permit Ordinance) and Title 18 (Zoning Ordinance).

GENERAL PLAN CONFORMANCE:

General Plan Economic Development Policy ED-1.1 states: The City’s primary Economic Development Strategy is to create a vibrant mixed-use downtown and promote a young, educated workforce to live in Downtown Guadalupe as a precondition to attracting base industry.

As conditioned, the Element 7, dispensary is anticipated to be a good downtown neighbor and will broaden the variety of goods and services made available in the City’s downtown. Thus, the project has the potential to attract new retail consumers, both young and old, to Downtown Guadalupe. Some or many can be expected to linger, to dine, shop or visit other attractions in Downtown Guadalupe.

Economic Development Policy ED-1.5 states: The City will encourage new types of industrial and commercial uses in order to diversify the City’s economic base.

As noted, the Element 7 dispensary would contribute toward a more diverse variety of goods and services offered in the City. Thus, potentially attracting new consumers from Santa Maria and other outside areas. As a result, the project could begin to reverse some of the retail revenue “leakage” occurring to retail markets outside of the City.

CONCLUSION:

In summary, the successful planning and operation of the Element 7 dispensary requires cooperation between the applicant and the City. Diligent management by the owner/operator is a large part of this success. Element 7 has a proven and successful track record in other jurisdictions. The dispensary will meet the standards of Municipal Code Chapter 9.22 (Cannabis Business Permit Ordinance) and Title 18 (Zoning). Consistent with the General Plan economic objectives, the dispensary is anticipated to draw new retail customers to Downtown Guadalupe. Furthermore, the dispensary will finance a Community Benefit Agreement to benefit the larger community. As conditioned by Conditional Use Permit 2022- 048-CUP and Design Review 2022-069-DR, the Element 7 dispensary should be a “good fit” for the immediate neighborhood and be an asset to the City as a whole.

FISCAL IMPACTS:

Fiscal impacts are anticipated to be negligible. As noted, the project will re-use a vacant tenant space in an already developed infill site where City infrastructure and services are already in place. The project has been thoroughly reviewed and endorsed by the City’s Public Safety Director and no substantial public safety servicing impacts are anticipated.

CEQA REVIEW:

Physical construction is limited predominantly to an interior tenant improvement on an 0.08-acre infill property. 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 Friday, May 12, 2023. Copies of the Public Hearing Notice were also mailed to property owners and occupants within a 300-foot radius of the subject property at least ten (10) days prior to the hearing.

ATTACHMENTS:

1. Resolution No. 2023-39, including CEQA Notice of Exemption (Exhibit 1), Approval Findings (Exhibit 2), and Conditions of Approval (Exhibit 3).

2. Aerial Site Map

3. Element 7 Plans

4. Letter from Element 7 – Requested items for cannabis permit processing 859 Guadalupe St.

RESOLUTION NO. 2023-39

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA, APPROVING A NOTICE OF EXEMPTION (FROM CEQA), A CONDITIONAL USE PERMIT (2022-048-CUP), AND DESIGN REVIEW (2022-069-DR) FOR ELEMENT 7 GUADALUPE, LLC, TO ESTABLISH A RETAIL CANNABIS DISPENSRY ON PROPERTY LOCATED AT 859 GUADLUPE STREET WHEREAS, Mr. Robert DiVito representing Element 7 Guadalupe, LLC, (the “Applicant”) has applied to the City of Guadalupe for a conditional use permit and design review to establish a retail cannabis dispensary (“the Project”) in an existing building on a 0.08-acre property at 859 Guadalupe Street (APN 115-092-016); and
WHEREAS, the property is located in the Downtown Mixed-Use zoning district and Municipal Code Section 18.35.030(5) states a retail cannabis dispensary requires conditional use permit approval in the Downtown Mixed-Use zoning district; and Municipal Code section 18.73.010(10) specifies design review is required at this downtown Guadalupe Street location; and WHEREAS, in accordance with Municipal Code section 18.72.010, the uses proposed in association with conditional use permit 2022-048-CUP have been considered by the City and the Project is conditioned to ensure a compatible and secure environment is maintained for the residents and businesses in the project area; and
WHEREAS, in accordance with Municipal Code section 18.73.0100, the visual components of the facility proposed by Design Review 2022-069-DR have been considered by the City and are found to be harmonious with the surrounding neighborhood; and WHEREAS, Chapter 9.22 of the City of Guadalupe Municipal Code establishes the regulations, procedures, and standards for permitting commercial cannabis facilities in the City and the application for the Element 7 dispensary has been evaluated and processed to comply with said Municipal Code Chapter 9.22; and
WHEREAS, the City Council held a duly-noticed public hearing on May 23, 2023, 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 and posted in in three public places in the City (including at the project areaand the owners of all properties within 300 feet of said property also receiving mailed notice of the public hearing; 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 and Design Review is consistent with the City’s General Plan, applicable Articles of the City’s Municipal Code; and
ATTACHMENT 1

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 and design review, 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 and design review would be consistent with the City’s General Plan, the provisions of Title 18 (Zoning Code), and Chapter 9.22 (Cannabis Business Permit 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.

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 2022-048-CUP and Design Review 2022-069-DR which is hereby adopted and incorporated herein by this reference.

SECTION 2. After reviewing the project description and this conditional use permit and design review 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 2022-048-CUP and Design Review 2022-069-DR 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 23rd day of May 2023 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. 2023-39, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held May 23, 2023, 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
Exhibits:

Exhibit 1 - CEQA Categorical Exemption
Exhibit 2 - Findings
Exhibit 3 - Conditions of Approval

Notice of Exemption Exhibit 1
To: County Clerk From: City of Guadalupe
County of Santa Barbara 819 Obispo Street
123 E. Anapamu Street Guadalupe, CA 93434
Santa Barbara, CA 93101
Project Title: Element 7 LLC Dispensary
Project Applicant: Robert DeVito
Project Location-Specific: 859 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 and design review to allow occupancy of a vacant 2,500 square-foot tenant space for a retail cannabis dispensary in an existing building on a 0.08-acre site. The building is located in the Downtown MIX zoning district at 859 Guadalupe Street in the City of Guadalupe. Consistent with the Economic Development objectives of the City’s General Plan, the project is anticipated to provide several economic benefits including new retail and service jobs and new retail revenue in support of municipal service provision. Thus, service provision benefits are anticipated 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., exterior security lighting and new signage).

It has been conclusively found that the project would not result in any intensification of use. For these reasons the project is categorically exempt. 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 1

EXHIBIT 2, FINDINGS FOR APPROVAL
ELEMENT 7 RETAIL CANNABIS DISPENSARY
2022-048-CUP AND 2022-069-DR

1.0 CEQA Findings

1.1 CONSIDERATION OF THE CATEGORICAL EXEMPTION AND FULL

DISCLOSURE
The City Council has considered the (Class 1) Categorical Exemption 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
The project consists of a 2,500 square-foot tenant improvement and minor building exterior improvements to accommodate a change from a permitted use to a conditional use in an existing building on a 0.08-acre site. No expansion of the existing structure would occur. 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.

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 overall design of the new structure(s} and the architectural style.

The building is existing. The project consists of a change in the use of an existing structure. No change in the existing architectural style will occur.

B. Physical and design relationship with existing and proposed structures on the same site and in the immediately affected surrounding area.

No new structures are proposed. Minor exterior modifications are proposed that will enhance the appearance of the existing building. Removal of existing metal gates at the storefront would further be consistent with the buildings in the immediate area.

EXHIBIT 2

C. Site layout, orientation and location of buildings and structures and relationship with open areas and topography.

No new development is proposed. The project consists of a change of use and tenant improvement in an existing building. Existing parking and infrastructure are available to serve the project. Minor exterior improvements will improve the site appearance over the existing condition.

D. Colors, types and variation of building materials.

As noted above, the building exists. With the exception of new signage and exterior lighting. No substantial change to the style or color of the building is proposed at this time.

E. Height, bulk scale and area coverage of buildings and structures and other site improvements.

The 2-story building contains a ground floor commercial space and three upper floor apartments with balconies. The building type and scale is consistent with the other nearby structures at this downtown City location.

F. Potential interference with scenic views.

The project site is a fully urbanized infill site in inner City and would have no impact on natural scenic views.

G. Height, materials, colors and variations in boundary walls, fences or screen planting.

As noted, the primary structures exist. Minor enhancements, including landscape planter boxes will further improve the appearance of the site.

H. Location and type of existing and proposed landscaping.

The project site is a fully urbanized downtown location where opportunities for new landscaped areas are very limited. Landscape planter boxes will be installed at the project frontage.

I. Reduction or elimination of required off-street making in the downtown MIX zoning district.

J. In this case a common parking lot is existing and available to meet the off-street parking needs of the project. Thus, findings for a formal parking reduction are not requested or needed at this time. It is noted that the project is anticipated to bring new consumers into the City. On-street parking is encouraged to supplement the off-

street parking as method to encourage visiting dispensary customers to interact with other businesses in the area.

2.2 DESIGN REVIEW FINDINGS
Pursuant to City of Guadalupe Municipal Code, Section 18.73.100, a Design Review Permit shall be approved only if all of the following findings can be made:

A. The buildings, structures, and landscaping are appropriate and of good design in relation to other buildings, structures, and landscaping on-site or in the immediate vicinity of the project.

The project will occupy a currently vacant tenant space in an existing building in the City’s downtown. No substantial changes are proposed to the building. Minor exterior improvements such as new signage, lighting and decorative landscape planter boxes will be compatible with immediate surroundings. As such, the proposed project would be harmonious with the existing visual character in the City’s downtown.

B. That the development will be compatible with the neighborhood, and its size, bulk and scale will be appropriate to the site and the neighborhood.

The project consists of the addition of a conditionally permitted use in a vacant tenant space in an existing building. No new buildings or structures are proposed by the project.

The proposed retail cannabis dispensary use is found to support the stated objectives of the General Plan to provide a wide variety of uses and retail opportunities in the City’s Mixed-Use Downtown.

C. There is harmony of material, color, and composition of all sides of a structure or building as well as consistency and unity of composition and treatment of exterior elevation.

The building is existing. The project will make minor exterior enhancements to the appearance of the building. Minor improvements include outdoor security lighting, compatible signage and decorative landscape planters. The final design of each feature is subject to zoning clearance review by the Planning Department. Thus, the project will further promote visual harmony over the existing condition.

D. Any mechanical or electrical equipment is well integrated into the total design concept and screened from public view to the maximum extent practicable.

All mechanical and electrical equipment has been properly screened from view.

E. All visible on-site utility services are appropriate in size and location.

The project consist of an interior tenant improvement on an already developed site where facilities, services and infrastructure are already in place. Electrical and utility

improvements are underground and thus will not be visible from the adjacent public roadways or nearby land uses.

F. The grading will be appropriate to the site.

At this fully urbanized infill location no grading will be the result from the project.

G. Adequate landscaping is provided in proportion to the project and the site with due regard to the preservation of existing trees, and existing native vegetation, and adequate provision will be made for the long-term maintenance of such landscaping.

Based on the existing site conditions and the scope of the project, new landscaping will be limited to decorative planter boxes at the front of the dispensary. Parking lot landscaping is existing. The proposed exterior and landscape treatment is deemed appropriate for the scope of the project. A City street tree at the Obispo street fontange will remain.

H. The development will not adversely affect significant public scenic views.

This project site is in an urbanized area and does not contain any significant public scenic views.

I. All exterior site, structure and building lighting is well-designed and appropriate in size and location.

The project will install new security lighting. All exterior security lighting is conditioned to ensure it will be appropriately located and shielded to ensure no adverse impact will occur to neighboring properties.

J. The proposed development is consistent with any additional design standards as expressly adopted by the City Council.

No additional design standards were required by the City Council.

K. The project architecture will respect the privacy of neighbors and is considerate of solar access.

The building is existing, and no substantial physical changes are proposed to the building architecture.

L. The project will provide for adequate street design and sufficient parking for residents and guests in a safe and aesthetically pleasing way.

No new roadways are proposed or required. The project site is an infill site where roadways are already in place. Existing parking facilities will provide adequate parking for the new dispensary use.

M. The proposed development as shown on the project plans is in conformance with all applicable policies of the General Plan and the requirements of this title.

The staff report provides evidence that the project is consistent with state law as well as applicable goals and policies of the General Plan and is consistent with the zoning ordinance.

EXHIBIT 3

CONDITIONS OF APPROVAL
ELEMENT 7 DISPENSARY, GUADALUPE LLC
2022-048-CUP/2022-69-DR

GENERAL CONDITIONS

1. Project Description: The permittee shall comply with the project description, and the approved Plan Set entitled: Element 7 Guadalupe LLC, Proposed Property Development Cannabis Retail Dispensary & Delivery, 859 Guadalupe Street, Guadalupe CA, dated May 19, 2022. Any changes to 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 retail cannabis dispensary and delivery business on an 0.08-acre property in the Downtown Mix-Use zoning district at 859 Guadalupe Street (APN 115-092-016), as follows:

Building and Facility Operations: This conditional use permit and design review permit approves a retail cannabis dispensary and delivery facility in approximately 2,500 square-feet of ground floor space at 859 Guadalupe Street. Permitted secondary use areas include an adjacent 558 square-foot ground floor covered patio on the west side of the retail space; and a basement directly beneath the ground floor retail space. Use of the basement will be limited to deliveries of inventory and secondary egress. Use of the outdoor covered patio will be limited to special group events subject to issuance of a Conditional Use Permit or an Administrative Temporary Use Permit (if available) by the City. Upper floor apartments will have no association with the cannabis facility operations and are provided with their own separate external access stairway(s). The primary ground-floor use area and patio are as shown on Sheet AO4 of the approved plan set; and the basement is shown on Sheet A02 of the approved plan set.

State Licensing: The dispensary will operate under a Type 10 (Storefront Retailer), license; or equivalent license as deemed appropriate by the State of California for retail dispensary sales and delivery, serving both medical patients and adult-use customers.

Retail Merchandise: The facility will offer a product mix that represents the types of cannabis products that are commonly purchased at retail dispensaries; including:
flower, concentrates, edibles, topicals and lotions, tinctures, pre-rolls, and accessories; and a wide range of topicals will be offered for elderly and retired locals.

A more detailed list of items allowable for merchandising are listed in Condition #7 below.

Retail Facility Access: The front entrance of the retail facility is on the east (Guadalupe Street) side of the building and will provide customer access. The entrance will have a lobby which will be staffed by a receptionist and security guard during all hours of operation. Receptionists will confirm age and identity verification, as well as new patient and customer intake. Every customer must present a valid ID Card and sign-in prior to entry. Any persons without a valid ID Card will be immediately dismissed from the premises. The conceptual lobby area is as shown on the approved Floor Plan. The final Floor Plan details are subject to minor revisions by the City prior to final approval of a Cannabis Business Permit.

Parking: For retail uses, Municipal Code Section 18.60;050(D)(6) requires one (1) offstreet parking space for each 260 square feet of retail use area. The two primary use areas are the main 2,500 square-foot retail area and the 558 square-foot outdoor patio. Based on the total 3,058 square-foot retail floor area, a total of twelve (12) offstreet parking spaces is required. A 29-space shared parking lot, on the west side of the building is managed by the building owner. The common parking lot will be available to meet the off-street Municipal Code requirement for the dispensary. It is also recognized that in this downtown location use of designated on-street parking spaces by dispensary customers is a convenient supplement for additional customer parking with negligible neighborhood impacts. On-street parking by dispensary customers is anticipated to encourage more customer interaction with other businesses in the downtown area.

Service Vehicles Storage: The facility will have one to two delivery vehicles (e.g., delivery vans). Delivery vehicles shall be stored in the parking lot behind the building.

The property owner will designate secure on-site parking space(s) for company delivery vehicles.

Product Delivery Route: All products will be delivered to the rear (west side) of the building and then walked up a staircase to Element 7’s rear exit door. All products are then immediately moved to a secure product intake room where products are checked against the manifest in a secure setting. All products are then stored in the secure product vault. The preliminary Path of Travel and Deliveries Plan is contained in Exhibit 4 attached hereto and incorporated by reference.

Security Personnel: The owner/operator is responsible for managing its clientele to ensure customers conduct themselves in an orderly manner, arriving, during, and leaving the facility. The Project will comply with the security requirements of Municipal Code Section 9.22.360 (Security Measures). Security personnel will be on duty to ensure orderly facility operations at all times. Security personnel qualification, staffing and deployment details are further described in Conditions #15 and #16 below.

Community Contact: The Element 7 Dispensary will provide a community relations contact to receive all notice of problems. The contact’s name and contact phone number will be made available to residents and business owners. Additionally, 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 general operational parameters for the Element 7 retail cannabis dispensary (2022-048-CUP and 2022-69-DR) at 859 Guadalupe Street.

2. Cannabis Business Permit Ordinance: The uses, operations and activities approved by this conditional use/DR permit shall take place in full accordance with the applicable provisions of the City of Guadalupe Municipal Code Chapter 9.22 Cannabis Business Permit Ordinance. 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 and as specified in this conditional use/design review permit.

The timing for completion of each of the measures contained in Municipal Code Chapter 9.22 shall be as specified by said ordinance and/or this conditional use/DR permit to the satisfaction of the City Administrator or the City Administrator’s designee(s).

3. 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.

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.

PLANNING DEPARTMENT CONDITIONS

SPECIAL PLANNING CONDITIONS

5. Retail Dispensary: Operations at the facility shall be limited to retail sales and delivery of merchandise in accordance with a Type-10 Retail Cannabis Dispensary (with delivery) serving both medical patients and adult-use customers, or equivalent licensing as specified by the State of California.

6. Use Areas: The primary component of the Element 7 Dispensary shall be limited to the 2,500 square-foot first-floor indoor retail space at 859 Guadalupe Street. Secondary use areas include:
a) Covered Patio: A 558 square foot covered patio on the west side of the retail space may be used for occasional temporary events. Contact the Planning Department [(805) 356-3903] prior to any use or activity in the outdoor patio area.
b) Lower Basement: A lower basement area shall be used only for product delivery.
c) Outdoor Display Prohibited: At no time shall display or sales of any cannabis product occur in the covered patio or any outdoor area.

7. Types of Merchandise: Retail sale of cannabis goods that have passed State of California testing and quality assurance review, such as:
• Packaged flower.
• Pre-rolls
• Topicals
• Edibles
• concentrates
• beverages
a) Cannabis accessories, such as:
• Pipes
• Rolling paper
• Vape products.
b) Branded merchandise for a state licensed business
The operator is provided the flexibility to make minor additions or modifications to its sales inventory at any time as long as the overall operational parameters and state licensing requirements for a retail dispensary are maintained as specified by this conditional use/DR permit.

8. Inventory Track and Trace System:
a) The Applicant shall utilize the TREEZ point of sale system or equivalent to the satisfaction of the City.
b) Inventory shall be reconciled at least once every 14 days.

c) The Applicant shall notify the City of any significant discrepancies between actual inventory and POS system records within 24-hours of discovery.

The final specifications for the inventory tracking and reporting system are subject endorsement by the City Administrator or the City Administrator’s designee(s), prior to commencement of operations.

9. Hours of operation: Hours of operation and sale of cannabis goods shall be limited to occur between 9:00 a.m. and 9:00 p.m. An in-store sales transaction must be finished by 9:00 p.m.
a) Delivery drivers shall return to the retail premises no later than 10:00 p.m.

10. Customer age verification: Cannabis can only be purchased by:
a) Adult-use customers, age 21 and older
b) Medicinal patients age; 18 or older with a physician’s written recommendation. c) The retailers shall verify the age of their customers by checking their ID. Acceptable forms of ID include:
• Government-issued photo ID card, such as a driver’s license; • Military photo ID card;
• Passport.

11. Limits of Permitted Space: Access to restricted rooms will be controlled by utilizing an RFID card system or an equivalent to the satisfaction of the City. Employees shall be designated a Level of Access based on their job scope, title, and responsibilities.

12. State Licenseing Compliance: The CUP/DR 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 if the state permit is not reinstated or reissued. The operator shall be responsible for all fees associated with the revocation hearing.

13. State and Local Permits: In accordance with Municipal Code Section 9.22.027, no person shall engage in any form of cannabis related use or activity until the business owner/operator possess the following:
a) A valid commercial cannabis business permit from the City. b) Valid State of California Seller’s permit(s).

c) The owner/operator is current 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.

14. Community Benefit Agreement: In accordance with Municipal Code Section 9.22.110 the owner/operator shall enter into a Community Benefit Agreement with the City prior to issuance of a cannabis building permit.

15. Security Personnel: During all hours of operation, security measures shall be implemented by the owner/operator to the specifications of Municipal Code Section

9.22.360 (Security Measures) and the specifications contained herein this conditional use/DR permit, including but not limited to the following:
a) Uniformed security guards shall patrol the business, including the parking area behind the business, during all hours of operation.
b) Security Guards shall be on-site 30-minutes before opening daily operations and 30-minutes after closing 7-days a week.
c) All security guards shall be at least 21 years of age, have undergone a criminal history background check through the California Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI), and complete the established Power to Arrest Training.
d) All security personnel and guards shall be licensed by the State Bureau of Security and Investigative Services with a valid Department of Consumer Affairs Security Guard License.
e) A designated manager shall be on duty during business hours and will be responsible for monitoring all customer and employee activities. f) An off-site surveillance provider shall monitor the facility during non-operational hours. The specifications for any off-site monitoring system are subject to approval by the City.
g) The applicant shall identify a designated security representative/liaison to the City.

The security representative shall be reasonably available to meet with the City Administrator or the City Administrator’s designee.
h) To the maximum extent practicable, security personnel will be hired from a local licensed security firm chosen in consultation with the City Guadalupe Police Chief.

i) Guards shall not be armed unless otherwise requested by the Chief of Police.

16. Security Patrolling - Rear Parking Lot: During all hours of operation the dispensary owner/operator shall provide an adequate security presence in the rear (west-side) parking lot area(s). Security personnel will ensure no loitering, use of merchandise, or other disorderly activity occurs, in or around, the rear parking lot area(s) on the west side of the dispensary.

17. Camera Plan (Interior/Exterior) and Tape Storage: Prior to operating, a camera plan shall be implemented to the satisfaction of the City Administrator; and/or the City Administrator’s designee. The camera plan shall include both indoor and outdoor camera surveillance, including but not limited to the following:
a) Surveillance cameras shall record video footage of the facility 24 hours per day, 7 days per week. All video footage will be stored on hard disc for a minimum of 90 days.
b) Each room in the facility shall have two (2) cameras for full 360-degree viewing; and all exterior building locations shall be further monitored by all-weather outdoor 4K cameras.
c) Outdoor cameras will be provided at each entry and provide visual surveillance of the parking areas behind the building.
d) The Police Chief or a Department representative designated by the Police Chief shall have immediate access to all security video monitoring systems upon request.

18. Security for Windows and Doors:
a) The Applicant shall install roll-down security gates to protect the exterior windows and door located at the front of the facility. The roll-down gates shall be to the specifications of the City.
b) Any storefront door and window security hardening shall be raised and/or removed during operating hours to expose storefront.
c) Existing metal gates/bars at the front of the building entry shall be removed prior to facility operations.
d) All security systems at the site shall be attached to an uninterruptible power supply that can provide continuous power.
e) The facility alarm system shall be professionally installed and include surveillance cameras, glass break detectors, panic buttons, smart-card readers and motion detectors strategically located throughout the facility.

f) “Mosquitos” (high-pitch frequency devices) shall be installed as a deterrent to vandalism/loitering.
g) The Applicant shall install self-closing, self-latching doors equipped with commercial grade locks at the following locations:
• All exterior/perimeter and entry and exit doors;
• Door between the Retail Area and Product Intake Room; • Door between the Product Intake room and the Secure Cannabis Storage Room;
• Door between the Retail Area and the Data Room.

19. Zoning Clearance: As specified by Municipal Code Chapter 9.22.310 and prior to commencing operations, a cannabis business must obtain a zoning clearance from the Planning Director or the Planning Director’s designee(s); and pursuant to Guadalupe Municipal Code section 18.12.010 no building permit shall be issued until a zoning clearance has first been issued by the City.

Prior to a building permit submittal, the applicant shall submit an application for a zoning clearance to the Planning Department. The zoning clearance application shall include the following materials:
a) Ministerial application (online) for zoning clearance. b) Two copies of site plan, final landscape and irrigation plan (so far, no landscaping is identified - probably planters), color board, if not submitted already, and floor plans.
c) Fees: Contact Alice Saucedo, Permit Technician at: (805) 356-3903 [email protected] for retail commercial ZC processing fees. d) Signed Agreement to comply with conditional use permit/DR permit conditions.

20. Outdoor Lighting: The facility will be lit by exterior lighting between the hours of dusk and dawn, 365 days a year.
a) The front and rear of the facility will be equipped with security lighting as approved by the city. The entrance and rear of building lighting will be continuously illuminated. Each light will provide at a minimum 1-foot candle intensity.

b) The facility will be Illuminated between the hours of dusk to dawn 365 days per year.
c) All outdoor lighting used for security purposes will be shielded and downward facing and placed to minimize glare on neighboring properties. d) The placement and specifications for the outdoor lighting shall be shown on the plans submitted for zoning clearance. The outdoor lighting plan will be established to the satisfaction of the Planning Director or the Planning Director’s designee prior to issuance of a building permit.

21. Odor (Contingency Measures): Based on the relatively small quantities of product and sealed storage locations no significant odor impacts are anticipated, and no structural odor treatment mechanisms are currently provided. It is noted, residential uses are in close proximity, particularly apartments that are on the second floor above the dispensary; and a residential and commercial building is next door. a) As a contingency, if odor complaints are identified by neighboring businesses or residents, a supplemental method to mitigate odor problems may be required. b) If odor complaints were to arise, the operator shall work with the City to establish a method of abating odor impacts. The review will be based on the extent and nature of any complaints; and implemented to the satisfaction of the City. c) The project will provide a community contact which will be available to receive notice of any issue and the contract will work diligently to resolve any issue immediately upon notice.
d) 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.

22. Site Maintenance: The outside premises shall be maintained in a clean and orderly manner at all times. The owner/operator shall ensure a routine maintenance program is implemented to include, but not be limited to: routine power washing at building entries, routine removal of trash and litter, immediate graffiti removal, and general routine maintenance of all outdoor use areas, including, building exterior, outdoor storage areas, pedestrian travel areas and landscaping.

23. Landscape Planters: Prior to occupancy the applicant shall establish decorative landscape planter boxes around the project entry. Planter box placement shall not obstruct required pedestrian clearances. Vegetation in decorative planters shall be maintained in perpetuity by the business owner.

24. Access and Egress: The facility shall only have two means of access and ingress / egress.

The front (easterly) ingress/egress route is solely for employees, patrons and members

of the public. The back (westerly) ingress/egress route is solely for employee/delivery access, as follows:

A. General Access:
a) Customers shall only obtain access to the facility through the front door facing Guadalupe Street which would lead to the lobby area.
b) The lobby area will be staffed by a receptionist and security guard during all hours of operation.
c) A locked door shall separate access to the retail area from the lobby area. d) The receptionist shall verify a customer’s age and identity. Once verified, the receptionist will then grant customers access through the locked door to the retail area via remote control.

B. Delivery Access:
a) Delivery drivers shall access the facility through the rear door of the building and then walk up a staircase to the facility’s rear exit door. b) All products shall then be moved to the secure product intake room. c) The basement and upper levels of the facility shall not be accessible from the retail area.

The final delivery access plan is subject to approval by the City prior to final approval of a Cannabis Business Permit.

25. Path of Travel for Product (From Vehicle to Store and Internal):
a) Distribution vehicles shall park in a designated parking space at the rear of the building.
b) Drivers shall bring the product to the rear entrance of the facility. c) Products shall then be transported from the rear entrance of the facility to the secure product intake room where they will be verified. d) After verification, the products shall be moved to the secure product vault.

26. Project Revisions: As provided by Municipal Code Chapter 9.22 this Conditional Use Permit/Design Review Permit recognizes that the commercial cannabis application process involves City-Applicant coordination through all stages of the approval process. The Applicant and the City will hold discussions to prepare a Community Benefit Agreement and to discuss procedural methods to implement certain conditions that require additional City-Applicant coordination.

As part of those communications, the applicant will provide clarification for following items identified by the transmittal provided by HdL Associates, entitled “Security Plan,” dated April 3, 2023.

The following items will be addressed to the satisfaction of the City Administrator or the City Administrator’s designee, prior to the issuance of a Cannabis Business Permit:

A. Delivery Path of Travel:
a) The applicant shall provide a method of how the delivery driver’s identification will be verified prior to opening the rear door.

B. Security Plan:
a) The Applicant shall provide a detailed description to clarify how an off-site surveillance provider would monitor the facility during non-operational hours.
b) The applicant shall provide a detailed description of how security personnel would be available as needed 24 hours a day, 7 days a week. c) The Applicant identify a designated security representative/liaison to the City, who would be reasonably available to meet with the City Administrator or the City Administrator’s designee.
d) The applicant shall clarify how the safe(s) and/or Vault(s), which are utilized to store cannabis products, will be compliant with Underwriter Laboratories burglary-resistant and fire-resistant standards. e) The applicant shall provide the City with an amended Security Plan that describes how the men’s and woman’s restroom would remain locked and under the control of management.

C. Plan Revisions:
a) Per HdL letter; “the floor plan shall include the location of all limited access areas.”
b) Per HdL letter; “change the term “Restricted Access Area” to “LimitedAccess Area”. The amended Security Plan should also identify the location of the Surveillance Recording Equipment.”
c) Per HdL letter; “the Proposed Security Plan shall properly identify all “Limited-Access” areas. Sheet #A06 identifies the Product Intake, Secure Cannabis Storage, and Vault as “RESTRICTED ACCESS AREA.”

d) Per HdL letter; “the Applicant shall provide a legible Premise Diagram within the Security Plan that identifies all attributes required in CCR §15006.”
Prior to issuance of a Cannabis Business Permit, the final details of the above-cited items, including any revisions to diagrams, sketches plans, or narrative descriptions shall be provided by the applicant, as deemed to be necessary, to the satisfaction of the City Administrator, or the City Administrator’s designee.

STANDARD PLANNING CONDITIONS

27. 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 is 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.

28. 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.

29. 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.

30. 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 the building inspector and planning staff will spot check and responds to complaints.

31. 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.

32. 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.

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

34. 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.

35. 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.

36. 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.

37. 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.

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

18.52.150). A zoning clearance shall be processed prior to installation of any signage. for all requested signs.

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

40. Fencing/Gates: All fencing and gates require prior design review from the Planning Department. Any fencing shall comply with Municipal Code Chapter 18.52.

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

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

If a 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.

43. 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 operation 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.

44. Expiration Date: GMC 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 City Council. (Ord. 189 Art. 5 §4, 1980)

45. Agreement to Comply: Approval of this Conditional Use/Design Review 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 the Planning Department prior to issuance of a Zoning Clearance.

46. 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.

BUILDING DEPARTMENT

47. Basement Use Occupancy: The first floor and basement use of the building is approved by the Building Department as an M Occupancy for a Retail Cannabis Dispensary.

48. Building Permit/Plan Required: Building permit application, construction drawings and specifications demonstrating compliance with the current California Building, Fire, Plumbing, Mechanical, Electrical, Green Building and Energy Standard Code requirements are to be submitted for review and approval prior to construction as applicable.

49. Additional Plan Requirements: In addition, the construction drawings when submitted for building permits, shall include the following:
a. Second floor as-built floor plan documenting the use above the first floor with separate exiting shown.

b. The building is not currently fire sprinklered, as such a 2-hour fire resistive floor/ceiling assembly with an STC of 50 minimum is required to be provided and shown between any residential occupancy above the M (Retail) occupancy. [C.B.C., Table 508.4 & §1206]
c. Provide a Building Code Data Legend on the Cover Sheet of the plans that identifies:
i. Description of Use: Retail Cannabis Dispensary
ii. Occupancy Group(s): M / R-2
iii. Type of Construction: V-B
iv. Fire Sprinklers: NO
v. Proposed Floor Area (sq. ft.): 3,138 [Verify this includes the basement, 1st & 2nd stories]
vi. Number of Stories: 2
vii. Occupant Load: _______ [Architect to Determine and complete] viii.Number of Exits Required: ____ [Architect to Determine and complete] ix. Number of Exits proposed: ______ [Architect to Determine and complete] x. Seismic Design Category: D
xi. Risk Category: II
d. Provide and show an accessible path of travel from the public way to the main entry/exit.
e. Provide and show accessible restrooms and accompanying features. f. The first-floor interior spaces and counters shall be shown to be accessible.

PUBLIC SAFETY DEPARTMENT (FIRE - POLICE) CONDITIONS

50. 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.

51. Digital Site Plan: Prior to Fire Department final approval, a site plan in a PDF format shall be provided with the following information if applicable: On site hydrants, FDC/OS&Y locations, Standpipes, Sprinkler Control Valves (Riser), Fire alarm panel (FACP) Utilities (Gas/Electric/Water) Knox box/switch location(s), Ingress/Egress, Stairwells, Individual floor control valves, Individual floor plans including unit numbers, Laundry room(s), Elevator room(s), Roof access, Solar Panels and DC shutoff locations.

52. Outdoor Display/Sales Prohibited: At no time shall display or sales of any cannabis product occur in any outdoor area.

END OF CONDITIONS
ATTACHMENT 2
ATTACHMENT 3

February 14, 2023
Mr. Scott Bruce
Earth Design International
Sent by Email
cc: Bill Scott, Matt Eaton, City of Guadalupe
RE: REQUESTED ITEMS FOR CANNABIS PERMIT PROCESSING: 859 GUADALUPE ST.

Dear Scott,
I am writing with regards to your letter dated 2/9/23 and your request for certain information as it relates to Element 7’s cannabis permit at 859 Guadalupe St.

Our responses within this letter have been developed in line with DCC Regulations and the City’s Municipal Code. As part of the CUP process, I understand that the City requires a statement indicating that you intend to comply with all applicable portions of this Code – please accept this signed letter as confirmation that we have read and understood these regulations and intend to maintain full compliance at all times.

In addition, please see below our responses to the specific information requests in your letter.

1. Verification of the Proposed Uses
Element 7’s use will be limited to a Type-10 Retail Cannabis Dispensary (with delivery) serving both medical patients and adult-use customers.

2. Camera Plan (Interior / Exterior) and Tape Storage
Security video surveillance is an integral component of dispensary security systems and plans.

Being able to record and monitor live footage allows our Company to track and identify individuals that enter our facility, record situations and events that would not have been captured or seen without cameras and allows for law enforcement to access our cameras and monitor our feeds securely. Security cameras also provide an omniscient presence that is proven to prevent diversion, deter theft, robbery, loitering, vandalism and other related criminal activities. We have identified the HIK camera and recording system as our equipment of choice for this. Each room will have two (2) cameras for full 360-degree viewing and all exterior building locations are further monitored by all-weather outdoor 4K cameras.

ATTACHMENT 4
Video Camera and Building Surveillance Plan
All video surveillance will be monitored by security personnel at the Check-In Desk located in the Lobby of the building. Security personnel will have direct contact lines to local law enforcement to report any suspicious activities and/or emergency situations. The Police Chief or a Department representative will have access to all security video monitoring systems (as and if required).

The digital video surveillance system will have a minimum 100' of night vision capability, resolution of 1280 × 720 pixels, 80 pixels per foot and 100 pixels per foot for internal and external targeted viewing areas, record at a minimum of 15 frames per second, and recordings will be HD and in color. Recorded images will clearly and accurately display the time and date.

Time will be measured in accordance with the standards issued by the United States National Institute of Standards and Technology Additionally, the system will be equipped with a failure notification system that provides notification of any interruption or failure of the system and storage devices. Two (2) cameras will be present in each room of the facility, including hallways, and cameras will be placed on the external structure, as shown below (C1 – C27):

Security cameras will be installed on the property, maintained in good condition, and will provide a clear, unobstructed view of the parking area, all entrances, loading areas, bays, windows and any other areas as determined by the City. Cameras will be placed in fixed positions that allows clear recording from 20 feet of all points of entry and exit on the premises.

All regular surveillance will record continuously 24 hours per day and stored on hard disc for a minimum of 90 days. The storage device on which surveillance recordings are stored will be secured in a manner to protect the recording from tampering or theft. The surveillance-system storage device and cameras will be remote accessible through transmission control protocol (TCP).

The system will be capable of recording video in standard MPEG formats for transfer to another format such as DVD or USB. We will maintain a log of all person(s) who have accessed surveillance recordings—access to recordings are granted to Owners, General Managers and Head of Security.

In addition, all security systems at the site are attached to an uninterruptible power supply that can provide continuous power. Daily surveillance reports are created and stored by the security personnel which are then shared with the General Manager for review. All reports will be available to the Police Chief at any time.

Security Camera Placement
As mentioned above, two (2) cameras will be installed in each room throughout the premises and on the exterior of the facility. All points of exterior and interior ingress and egress will be monitored, including limited and restricted access areas, such as the reception area, retail floor area, each point-of-sale register, cannabis product and waste storage areas, main office, reinforced vault, break room, count/quarantine room, loading and unloading area, parking lot and the exterior of the facility, including the roof.

Cameras will be securely mounted in designated areas of the facility that remain unobstructed. The quality of the images will enable our Company, law enforcement and the Department to obtain clear images, including facial features and license plates.

In addition, and specifically to address the Supplemental Security Requirements:

1. The entire opening of all entry and exit doorways will be captured as primary views.

Primary views are provided of all Lobby doors that provide entry from the building’s exterior space into the lobby.

2. The entire lobby space will be monitored by security video cameras. All required views of the lobby space, primary or incidental, will be captured by cameras located within the lobby space.

3. The entire reception desk area will be monitored and recorded by the security video system to produce primary views.

4. The entire reception desk area will be monitored by a security video primary camera and recorded.

5. The field of view for the reception desk camera will include the area directly in front of the reception desk, including a clear view of both the face of the persons standing in that location and a view of items they are holding.

6. All persons entering the employee space from the lobby will be monitored by security video cameras and recorded.

7. A dedicated incidental video camera will be placed on the outside of the storage room.

The camera will be located on the unsecured side of the door with an unobstructed view of both the doorway and the card reader. The field of view for this camera will provide a clear view of both the face of the person entering and a view of items being carried into the premises by that person. This field of view will be limited to the doorway only, in order to provide full-size images. It will not be possible for any person to enter using the door from any angle without being captured and identified on camera.

8. An incidental camera will also be located within the room and positioned to view the entire room and the entry door to the room.

Camera Capabilities
Cameras will have night vision capabilities and be able to record images in high definition at 15 frames per second. The surveillance feed will be accessible via secure web-access that requires specific authorizations and permissions that will be enforced via security code. The Police Chief will be provided with a security code in order to access surveillance cameras and live feeds, including permissions for reverse functionality.

Cameras will continuously record and monitor the exterior and interior of the facility 24/7.

Supplemental lighting required to ensure proper illumination will be installed throughout the facility where needed to ensure that image and recording quality exceeds standards mandated by law. Lighting will be designed to support security video surveillance by avoiding fixture placement that results in high glare or extreme ranges of luminance in the view of any camera.

Camera capabilities externally will be enabled to read car plates where required for any law enforcement actions required. Images are attached below so that you can see the quality of the camera footage on playback from almost 70 feet.

Element 7 Camera Footage (Playback Mode)
Security Surveillance Footage Formatting and Storage
Footage will be maintained on a secure cloud-based data storage system and on a secure physical storage device that will be kept in the Data Room for at least 90-days, unless investigations into diversion, theft, loss, robbery, burglary or other criminal activity requires footage to be maintained for a longer period of time. Synchronized date and time stamps are included in the footage formatting in a manner that does not obscure the images.

All footage will be stored as an MP4 or AVI file and images will be stored and maintained as a .jpeg file. All live streams and recordings can produce clear, still photos. Images from surveillance footage can be exported in industry standard formats including .jpg, .bmp and .gif.

The Main Office will have a photo printer attached to the monitoring system if a clear image needs to be printed for investigations, audits, or at the request of law enforcement or the Department. All recordings will have the ability to be archived in a proprietary format that ensures authentication of the video and can be saved in an industry standard file format capable of being played on a standard computer operating system.

Equipment Inspections, Maintenance and Testing
All surveillance cameras will be inspected daily by security officers. During daily inspections, cameras will be tested via monitor surveillance testing. Inspections include making sure each camera’s view remains unobstructed and recordings are being uploaded to the physical storage device and the cloud-based data system. In the event that a camera’s view is found to obstructed, security officers are authorized to remove the obstruction.

Cameras that are found to be malfunctioning will be replaced or repaired, whichever can be done immediately. When a camera is being replaced or repaired by our contracted security surveillance contractor, supplemental security measures will be deployed to ensure that secure and compliant operations are maintained until the camera is replaced or repaired.

Logs pertaining to security surveillance camera inspections, maintenance and testing will be maintained on file for two (2) years.

3. Description of Track and Trace
Element 7’s preferred point-of-sale system (POS) is TREEZ, which we utilize across all our dispensaries in California. TREEZ is a point-of-sale system that hosts and maintains the servers, databases and code that constitutes the point-of-sale system. The system is customizable and compliant with local and state laws and regulations and has an API integration key with METRC which is managed by our Head of Technology. The POS provides intuitive, reliable and scalable solutions for Element 7.

We ensure cannabis products are not diverted through the following policies:

1. We only purchase products from State Licensed Distributors

2. All products are brought into the dispensary using METRC and TREEZ.

3. All products are tagged with a METRC compliant tag.

4. Access to storage rooms is highly restricted and controlled through an access control system.

5. All access to restricted rooms is controlled by the access control system integrating with the HIK camera system – unauthorized use of another employee’s access control card creates a ‘flag’ in the system.

6. Inventory counts are conducted bi-weekly and monthly.

7. All discrepancies are reported to the City and DCC.

TREEZ has streamlined data entry, inventory management and reporting by developing Stash, a mobile inventory management application that requires the use of a handheld scanning device that easily identifies, records and manages inventory. In a highly regulated industry that depends on accurate reporting, being able to utilize state-of-the-art technology that can push/pull data, in real time, towards the State’s mandated track and trace system, METRC, is a powerful tool that ensures compliance and success. Records pertaining to customer transactions, denials of sale, inventory acquisitions, management, movement, cannabis waste disposal, incident reports and corrective actions can be migrated from electronic devices that are used to perform functions through the POS onto our secure and encrypted cloud-based data system via file migration, which is facilitated by our data system.

All Inventory Associates and Managers will hold their own Login for METRC and undergo mandatory training. These employees will also be trained across all METRC functions by Nick Tsambazis and Amber Norwood, Element 7’s product knowledge experts on METRC and TREEZ.

Inventory Reconciliation
Close attention to inventory is tantamount to Element 7’s successful and compliant operations. As a licensed dispensary, Element 7 will be the last point in the chain-of-custody and must ensure that all inventory is accurately represented and reported. To ensure strict compliance with local and state regulations, Element 7 has developed a comprehensive inventory management plan that consists of the following:

1. Element 7 will reconcile all the inventories of cannabis goods at least once every 14 days.

2. If Element 7 finds a discrepancy between the inventory of stock and the inventory log or track and trace system that is outside of normal weight loss caused by moisture loss, Element 7 will commence a full audit of the batch in which the discrepancy was found.

3. Element 7 will notify licensing authorities and local law enforcement within 24 hours of discovery of a significant discrepancy. A significant discrepancy in inventory means a difference in actual inventory compared to records pertaining to inventory of at least $1,000 or 1 percent (1%) of the average monthly sales of the licensee, whichever is less.

Element 7 will notify the licensing authority and local law enforcement within 24 hours of discovery of any of the following situations:
- Element 7 discovers a significant discrepancy in its inventory. - Element 7 becomes aware of or has reason to suspect diversion, theft, loss, or any other criminal activity pertaining to the operations of the licensee. - Element 7 becomes aware of or has reason to suspect diversion, theft, loss, or any other criminal activity by an agent or employee of the licensee pertaining to the operations of the licensee.
- Element 7 becomes aware of or has reason to suspect the loss or unauthorized alteration of records related to cannabis goods, customers, or the licensee’s employees or agents.
- Element 7 becomes aware of, or has reason to suspect, any other breach of security.

4. Outdoor Lighting
The front and rear of the Facility will be equipped with security lighting as approved by the city. The entrance and rear of building lighting will be continuously illuminated. Each light will provide at least 1-foot candle intensity.

The Facility will be lit by exterior lighting between the hours of dusk and dawn, 365 days a year. There may be occasions (e.g., inclement weather) when the lights are required to be used during the day, which will be at the judgement of the General Manager. All outdoor lighting used for security purposes will be shielded and downward facing. In any case, we will adjust our external lighting to the city’s guidance. We will be using LED Flood Lights supplied by GE. These lights offer 11 years of light life (50,000 hours) and are widely used to illuminate similar buildings in the industry. The LED lighting solution selected considers security and safety requirements, design, energy efficiency (reduced carbon footprint) and a uniform distribution of light (to aid security cameras and minimize ‘dark areas’ which become potential security breaches).

The lights have a die-cast aluminium housing and a slim architectural design that incorporates an integral heat sink and light engine, ensuring maximum heat transfer, long LED life and a reduced Effective Projected Area (EPA). Lights meet 2g Vibration level per ANSI (C136.31 – 2010). The lights are rated at -40 degrees to 50 degrees Celsius and are fully compliant with all industry standards. The lights will be mounted on the building exterior and wired with cable to the building power.

5. Path of Travel for Product Deliveries
All product deliveries will be delivered to the rear of the building and then walked up a staircase to Element 7’s rear exit door. All products are then moved to a secure Product Intake room where are they checked against the manifest in a secure setting. After that all products will be stored in the Secure Product Vault, as demonstrated below through a series of images showing the flow of products.

6. Floor Plan
A Floor Plan was sent to the City in August last year – I have attached a copy of this again for your records. The main features are:

1. Dedicated Data Room for all security / safety / camera devices and hardware storage.

2. Separate Product Intake Room so products can be checked for METRC compliance as they are delivered and separate to any other storage area.

3. Dedicated Product Storage and Cash Vault rooms.

4. Check-in Counter so that customers can be checked for compliance prior to entering the retail store.

7. Security for Windows and Doors
The only exterior windows at the facility are at the front of the building on Guadalupe St. These windows will be upgraded with security film to limit breakage and then further secured by using roll-down security gates at night which have been very effective for us in other locations across California. These gates roll-down at night and completely enclose the window from almost every form of entry. A 3rd layer of security exists at the site as the front of the building has a decorative gate system across the front of the property, as shown below.

8. All Access and Egress (Interaction with Upper and Lower Floors) The property only has 2 means of access and ingress / egress – the front door on Guadalupe Street and the rear exit door that leads down a set of stairs to the rear parking area. The basement and upper levels cannot be accessed from within the store – i.e., there is no internal staircase and the floor and ceiling are both slab.

9. Signage Examples
Element 7 is looking to submit a Signage Permit so that two (2) signs can be installed at the front of the property – one illuminated sign on the face of the building and then a small perpendicular sign as shown in the images below.

Illuminated Building Facia Signage (left) and Perpendicular Sign (right)

10. Security Personnel
All security personnel and guards employed for security work at Element 7 will be licensed by the State Bureau of Security and Investigative Services (BSIS) with a valid Department of Consumer Affairs Security Guard License (‘Security Guard Card’) which is obtained by completing the annual pre-licensing course.

These personnel will be hired from a local licensed security firm chosen in consultation with the Police Chief, with such guards reporting to the Chief Security Officer at Element 7, and a functional reporting line to the General Manager of the business. Such guards will be first onsite each day, and will remain at the premises until closing, escorting all staff to their vehicles at the end of the night, before closing the premises and activating the alarm system.

Element 7 Security Guards will also undertake pre-work training with GSG who conduct advanced training covering threat assessment, risk mitigation, customer management, systems and hardware and incident management. GSG are a Bureau-certified training provider.

All security guards must be at least 21 years of age, have undergone a criminal history background check through the California Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI), and complete the Power to Arrest Training, which includes:
• 40 hours of training in security officer skills; and
• 8 hours of continual training which must be completed during the second year of service.

Element 7 will implement a policy that requires Security Guards to patrol the business during all hours of operation. All guards will be issued with a hand-free single wire earpiece with Push-to-Talk function for covert communications. Guards will not be armed unless the Police Chief requires this condition.

Number of Security Guards
Element 7 will have one (1) security personnel on-site during its hours of operation. Our preference is to work with a security company that is as ‘local as possible’. Guards will only be armed if permitted by the City and Police Chief.

Security Guards will be on-site 30-minutes before opening daily operations and 30-minutes after closing – i.e., guards will be on site from 8.30am each day to 9.30pm at night, 7 days a week), and an off-site surveillance provider will monitor the store during non-operational hours. This will ensure and perpetuate safe operations and provide additional security to the surrounding community.

Locations Guard is Positioned
During operational hours, one guard will be continuously positioned in the lobby area and responsible for surveilling the lobby and carpark (camera records). This person, working in conjunction with the receptionist, will manage entry into the facility. Receptionists will be responsible for checking ID Cards – guards are present as a deterrent and to visually inspect the building and premises.

11. Types of Products Being Sold
Once inside the Dispensary, a range of shopping options from quick-serve grab-and-go, through to customized shopping guidance will be available. Our facility will sell flower, concentrates, edibles, topicals and lotions, tinctures, pre-rolls, and accessories (a wide range of topicals will be sold for elderly and retired locals). In compliance with state regulations and industry best practices, our product offerings will only be sourced from licensed and compliant distributors. Our product mix represents cannabis products that are commonly purchased at retail dispensaries. Based on our experience, we anticipate selling:
• Concentrates: 10%
• Edibles: 15%
• Flower: 40%
• Pre-rolls: 15%
• Vape Products: 15%
• Beverages: 5%
Element 7 will stock a range of industry-leading branded products from across California as demonstrated on the image to the left. We have relationships in place with a number of leading distributors including Nabis, Herbl, KSS, Humboldt Brands, Falcon, Mammoth, and other smaller brands – we have negotiated terms with all of these suppliers and a centralized buying team that manage the relationships across all Element 7 stores.

Major product categories sold by Element 7 will include:

1. Pre-packaged Flower - Pre-packaged Flower products are loose flower buds that have passed mandatory product testing and are pre-packaged in compliant packaging.

Flower is considered a combustible product that is typically smoked using a pipe or bong and can be rolled into cone-like cannabis cigarettes.

2. Pre-packaged Pre-Rolls - Pre-Rolls are loose flower buds that have passed mandatory product testing and are rolled into cone-like cannabis cigarettes.

3. Vaporizer Pens, Cartridges and Batteries - Cannabis concentrate is placed into cartridges and attached to a vaporizing device that is typically the size of a ballpoint pen.

4. Concentrates - Cannabis concentrates are proven to have a higher percentage of cannabinoids due to the extraction process and are typically ‘dabbed’ which requires the product to be heated and inhaled.

5. Cannabis-infused Edibles - Ingestion of cannabis-infused food products is an alternative, non-combustible form of consumption. Typical consumer-grade cannabisinfused edible products include gummies, chocolates, cookies, and brownies.

6. Tinctures, Topicals, Balms, Ointments, and Creams - These products are infused with cannabis concentrate that has passed mandatory product testing. Topicals and ointments are usually sold at dispensaries as cannabis-infused lotions, massage oils, transdermal patches, lubricants, balms and ointments.

We will have a preference for small / craft cultivators, manufacturers, and distributors located in the County. Our existing best-practice product procurement plans in Element 7 stores include clearly defined commercial terms, template supply agreements, vendor risk management assessments (i.e., are they a stable supplier), cost expectations, defined vendor management plans, and annual KPI’s set for each vendor to ensure shelf space is maximized.

All vendors are subject to our Preferred Vendor Program which scores existing and potential vendors on a 100-point scale, taking into account their compliance, sustainability, product quality, reliability, and brand innovation. All vendors are required to be tested by State Licensed Testing Labs and Element 7 also maintains its own internal Quality Control Program ensuring packaging, labeling, product materials, ingredients, and claims are substantiated and correct, and that consumers are getting what they expect – trusted and consistent brands.

Our expected ‘first order’ will be approximately $150,000 based on our market experience ($350,000 retail sales value). We expect to replenish stock weekly and continuously monitor market trends to ensure we are offering our customers the best products on the market.

12. Limits of Permitted Space
The entire facility consists of limited access areas, which are areas where customers will be allowed under supervision of an employee; and restricted access areas, which are areas that are only accessible to authorized personnel with specific permissions (restricted rooms must be accessed with a RFID card and our HIK camera system has a second verification system that ensures only authorized persons access these rooms and do not ‘share’ cards).

Restricted Access Areas will be identified by signage of no less than 12 inches by 12 inches, indicating: "Do Not Enter - Restricted Access Area - Authorized Personnel Only". The sign will utilize lettering with a font size no less than 1 inch in height (as shown above). We define rooms as either Limited Access or Restricted Access:

Limited Access Areas

1. Parking Lot

2. Secured Reception Area / Lobby

3. Retail Sales Floor

4. Restroom (door will be locked and requires approved access) Restricted Access Areas

1. Cannabis Secured Product Storage

2. Vault

3. Cash Registers (Retail POS)

4. Product Intake

5. Janitor Closet
Employees will be designated a Level of Access based on their job scope, title, and responsibilities. They will then be assigned a personalized security pass (with name, photo and Access Level boldly displayed) for movement within the Facility. Every employee will be trained on Element 7’s strict “anti-piggybacking” rules and procedures which prevent unauthorized persons accessing areas within the Facility that they are not approved for.

Anybody caught in an Access Level beyond their assigned level will be immediately taken to a meeting room with the General Manager for an explanation and investigation of consequences of such security breach. Any serious breaches could result in immediate suspension and up to termination of the employee from the Facility. All security passes given to employees must be returned to the on-site security guard prior to exiting the facility.

Retail Facility Access
The front of the retail facility will have a Lobby which will be manned by a Receptionist and Security Guard during all hours of operation. Receptionists facilitate age and identity verification, as well as new patient and customer intake. All persons must present their ID Card and sign-in to the Facility at this point. Any persons without a valid ID Card will be asked to leave the facility immediately.

The lobby area shall be secured and within view of the receptionist with doors configured for remote release by using a card reader located on the underside of the reception desk. The receptionist(s) will use this card reader to remotely release the doors as required, allowing entry to visitors. If multiple doors require remote release, each door must have a separate card reader on the underside of the desk, configured for remote door release of the corresponding door. Individual remote door release card readers must be spaced a sufficient distance from one another to prevent accidental release of an unintended door.

Limited Access Areas Policies
Element 7 will ensure that any person on the business premises, except for employees and contractors of Element 7 are always escorted by at least one employee of the licensee when in the limited-access areas of the premises.
• Element 7 will establish limited-access areas and permit only authorized individuals to enter the limited-access areas. An example of the type of signage used by Element 7 is demonstrated below.
• Authorized individuals include employees as well as any outside vendors, contractors, or other individuals conducting business that requires access to the limited-access area.
• An individual who enters the limited-access areas will be at least 21 years of age. • Element 7 will maintain a log of all authorized individuals who are not employees that enter the limited-access area. These logs will be made available to licensing authorities upon request.
• Element 7 will not receive consideration or compensation for permitting an individual to enter the limited-access area.

Access Controls
The overall design of the security plan is based on Levels of Access designation, with levels assigned to each person and situation, setting the basis for control and access. This system provides the following benefits:
• Assists in outlining access rights to be administered and monitored; • When combined with rules and policies it delineates clarity for purposes of compliance and enforcement; and
• System allows for training of employees and staff with ease of operation assisting with enforcement.

To ensure that accurate and reliable logs of access to restricted areas are monitored and recorded, the facility will be installed with an electronic access system. This system requires dual factor authentication via Company-issued access cards and facial recognition software.

Passwords are sufficient in maintaining an effective dual factor authentication process but can be easily stolen or retrieved by unauthorized individuals. Facial recognition reduces the chances of replicating an individual’s facial features and provides a more robust security measure that is more difficult to circumvent.

Electronic Access Systems record information pertaining to the access of areas controlled by its system (Brivo). This means that we will be able to identify which employees access certain limited and restricted access areas, the time and date they accessed the area and how much time was spent in that particular area. This system complies with current regulatory requirements and ensures accurate and reliable reporting.

Please do not hesitate to contact me at any time if you require any additional information. I can be reached at [email protected] or (312) 823 7638.

Kind Regards,
Robert DiVito
CEO
Element 7
Lopez H-2A CUP May 23, 2023 Page 1
Agenda Item No. 10

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of May 23, 2023
________________________________ __________________________________ Prepared by: Approved by:

Larry Appel, Contract Planning Director Todd Bodem, City Administrator SUBJECT: Public hearing to consider the Lopez H-2A employee housing project for 40 agricultural workers located at 4575 & 4581 Tenth Street, APNs 115-052-010, - 009, 2023-022-CUP
EXECUTIVE SUMMARY:

The proposed project is a request to modify two existing buildings and convert them in to H-2A living quarters. The project is being designed to meet the City’s employee housing requirements (GMC Chapter 18.75) along with state and federal regulations. These buildings have been vacant or underutilized for over ten years. In the past the buildings were the local clinic for CHC and a pharmacy. A General Exemption has been prepared for the project in accordance with 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. 2023-40 approving 2023-022-CUP, including a parking modification per Section 18.75.050.B.

BACKGROUND:

This property was sold around the end of 2022 to Daniel Lopez and his wife, Rosio Ibarra, for the purpose of converting the structures into employee housing for nonimmigrant agricultural employees pursuant to the H-2A visa program. Their plan is to convert the buildings into employee housing and then contract out the buildings with a farming company. The property is in an ideal location with a park nearby as well as a short walking distance to the downtown. Over the past 5-6 years, there have been a number of different types of projects brought to the Planning Department for consideration. For one reason or another, no formal applications were Lopez H-2A CUP May 23, 2023 Page 2
ever submitted. Early review of the building plans has revealed that the main building is too close to the property line, so as part of this modification of the existing building, the owner will be required to process a merger or a lot line adjustment.

The State of California, our new 2042 General Plan, and draft Housing Element encourage local agencies to make the processing of affordable housing a high priority. We have done so with this project. It was submitted on April 6th, deemed Complete for Processing on April 27th and is now being considered for approval on May 23rd, less than four weeks after being deemed Complete.

DISCUSSION:

The applicant/owner desires to demolish portions of the interior of the two structures onsite and remodel with the purpose of providing H-2A farmworker housing. There are specific requirements and performance standards contained within the municipal code to address the process, approval, and operation of such a facility. The property was originally zoned G-C (General-Commercial), but the recent 2042 General Plan amended the land use to High Density Residential with a consistency rezoning to R-3 (Multi-family). Under R-3, the two buildings could have been converted to single family housing with just a building permit and zoning clearance, which would have allowed up to six (6) employees to be housed in each structure, butsince there are going to be greater than six employees in each unit, a CUP was required.

Performance Standards:

The employee housing ordinance, adopted as Ordinance No. 2019-482, included a number of performance standards which were introduced with the following statement, “In order to prevent the operation of employee housing from creating situations or impacts beyond that which is normal, expected, and consistent with the general welfare, owners and operators of an employee housing facility shall ensure continued compliance with the following criteria:” We will use those development standards to evaluate this project. All standards will be included as Conditions of Approval.

1. State and federal compliance – The owner has indicated that they have been working with the State Workforce Agency and other state and federal agencies to ensure that the project has been designed, and will be constructed and operated according to these standards. It will be the applicant’s responsibility to provide evidence of compliance prior to occupancy.

2. Maintenance of building and grounds - The standards require that the property not become a public nuisance. The site needs to be permanently maintained (structural, grounds and landscaping).

3. Residential development standards – The project will be reviewed by the Planning Department to ensure compliance with Title 18 (zoning ordinance) including parking standards. The project is providing 11 parking spaces of which two are carports.

4. Garages – The standards prohibit the use of any garages or accessory buildings not already legally converted to housing to be used as housing for the project. In this case there are Lopez H-2A CUP May 23, 2023 Page 3
two structures onsite that qualify for single family housing and are therefore consistent with the provisions of the ordinance.

5. Common living area – The ordinance is clear that certain areas of a standard living unit not be converted to additional sleeping areas. In this case, since the interiors are being remodeled, sleeping areas and other non-sleeping areas (lounge, kitchen, and bathroom) are not going to be converted.

6. Dwelling appearance – The structures are quite old and require exterior upgrades and paint. Staff has reviewed the plans and feel that the improvements will enhance the buildings yet not make it look any differently than the surrounding single and multi-family housing.

7. Commercial signs – The project will be conditioned to not include any signage on the buildings, fences or vehicles parked on the property. The project will be conditioned for any transportation vans to utilize magnetic signs that will be removed when the vehicle(s) are parked on the property.

8. Vehicle use – This standard makes sure that vehicles associated with the facility do not impact the surrounding neighborhood. The property will have 11 parking spaces so in addition to the transportation van(s), a limited number of employees may be allowed to have private vehicles on the property. The service contract between the property owner and the agricultural labor contractor is very clear on the use of vehicles. All facility vehicles (company and private) are required to park on the property and not on the two side streets.

9. Large capacity vans/buses – The standards prohibit vehicles with a capacity of 16 or larger to be parked on the property.

10. 24-hour emergency number – It will be important for our Police and Fire departments to have a contact number that they can reach at all times. We don’t know if there will be a manager present on the property or what sort of supervision will be provided, but staff will ensure that this standard is met.

Modification Request: Section 18.75.050.B allows an applicant to request modifications to the ten performance standards reviewed above. In this case, Mr. Lopez has asked to be able to include transportation vehicles in excess of 16 passengers. The reason is that at this time he does not know what farming employee contractor would be leasing his facility, so it may be possible that the company utilizes larger transport vehicles. The property is surrounded by six foot solid wood fencing, so there would be appropriate screening from the surrounding neighborhood. In this case, staff supports the Modification request.

Interior Uses:

The interior of the larger (3,470 sq.ft.) building will house up to 40 employees in ten bedrooms ranging in size from 72 sq.ft. to 900 sq.ft. The smallest rooms will house two employees while Lopez H-2A CUP May 23, 2023 Page 4
the largest will contain 16. There are four bathrooms with a shower proposed. A small kitchen and dining room allows an area for employees to store personal food and perhaps reheat previous meals. All breakfasts and dinners are provided through a vendor who will drive to the site twice a day. Lunches are also provided by a vendor in the field. There are a number of tables and chairs, lounge chairs and couches and tables and TVs throughout the building’s interior. The applicant states that Wi-Fi will be available along with a number of computers for employees.

The small 585 sq.ft. building will have similar amenities for the eight employees that will be living in that unit.

Exterior uses:

The application states that the exterior (that is mostly asphalt parking) will be modified to limit parking to 11 spaces including two carports. Recreational areas are proposed to include picnic tables, expanded landscaping, and bike racks. Staff would normally request these amenities to be expanded. However, Central Park is located less than a block away. The park is scheduled for a major update due to grant funding. The property is also less than a block away from Guadalupe Street and the downtown corridor.

Compatibility with the neighborhood:

In order to recommend approval of the CUP, staff must show that certain Findings can be made (Section 18.72.080.A.2). Compatibility with the neighborhood is critical to ensure that the project, and its proposed density of residents will not impact the surrounding area. To the north of the site, there is a large apartment complex. To the immediate east of the site is a four unit apartment. The other two sides contain primarily single family housing. The applicant/owner has taken this issue to heart and has prepared a very detailed leasing contract that addresses many topics that could lead to problems. Staff believes that with use of this lease contract along with required Conditions of Approval, the project could be compatible with the surrounding neighborhood.

GENERAL PLAN CONFORMANCE
The 849 Guadalupe Street Apartment project would provide direct support to the following General Plan Land Use Goals and would be consistent with all three:

LU Goal 5: To develop vacant and underutilized land within existing urban and suburban areas with a mix of land uses to provide benefit to the community.

LU Goal 8: To promote quality, attractive and self-sustaining residential development at all levels of affordability for all segments of the population.

LU Policy 1.9 The City will promote density bonuses, incentives, and accessory dwelling units consistent with the provisions of state housing law in order to encourage investment, building of affordable housing, and efficient use of existing infrastructure.

CEQA Review
This project is a reuse of two existing buildings that have been on the property for many years.

CEQA allows the use of a categorical exemption when it can be show that there is no possibility of the project causing significant environmental impacts. CEQA Section 15303 (Class 3) exemption covers conversion of small structures. It specifically discusses conversions of existing Lopez H-2A CUP May 23, 2023 Page 5
small structures from one use to another where only minor modifications are made to the exterior of the structures.

PUBLIC NOTICE:

Staff noticed the required public hearing in three public locations in the City no later than May 13, 2023. Copies of the Notice of Public Hearing were also mailed to property owners and occupants within a 300-foot radius of the subject property.

ATTACHMENTS:

1. Resolution No. 2023-40
Exhibit 1- CEQA Exemption
Exhibit 2- Findings
Exhibit 3- Conditions of Approval

2. Project Plans

RESOLUTION NO. 2023-40

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GUADALUPE, CALIFORNIA, APPROVING

A CONDITIONAL USE PERMIT TO ALLOW EMPLOYEE HOUSING WITHIN THE CITY OF GUADALUPE, LOCATED AT 4575 & 4581 TENTH STREET IN THE CITY OF GUADALUPE, APNs 115-052-009, -010
WHEREAS, Mr. Daniel Lopez and Ms. Rosio Ibarra submitted an application for the City to consider approval of a Conditional Use Permit that would allow the use of two existing building to house up to 40 agricultural employees allowed to work in the United States pursuant to the H-2A visa program; and
WHEREAS, the project was deemed complete for processing on April 27, 2023and staff has analyzed the project for consistency with applicable Goals and Policies of the 2042 General Plan as well as applicable sections of the Guadalupe Zoning Ordinance; and WHEREAS, the City Council held a duly-noticed public hearing on May 23, 2023, at which time all interested persons were given the opportunity to be heard; and WHEREAS, the project has been found to be consistent with various goals and policies of the 2042 General Plan as presented in the staff report, and HCD has stated that H-2A units qualify towards an agency’s RHNA counts.

WHEREAS, notice of said hearing was posted in three public locations at least 10 days prior to the public hearing and was mailed to all property owners within 300 feet of said property; and WHEREAS, after taking public testimony and hearing evidence from City staff, the City Council finds, pursuant to the Notice of Exemption, Exhibit 1, Findings Exhibit 2 and subject to the project’s Conditions of Approval Exhibit 3, all attached to this resolution, that the approval of the Conditional Use Permit, is consistent with the City’s 2042 General Plan, applicable Articles of the City’s Municipal Code, and including findings pursuant to the California Environmental Quality Act; and
WHEREAS, the City Council has considered the entire administrative record, including application materials, staff report, the California Environmental Quality Act Notice of Exemption, and oral and written testimony from interested persons.

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 regards to Conditional Use Permit 2023-022-CUP, which is hereby adopted and incorporated herein by this reference.

ATTACHMENT 1

Section 2. After reviewing this project, 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 conditional use permit, the activity is not subject to CEQA per CEQA Guidelines Section 15303, Existing Structure Conversion, Exhibit 1.

Section 3. The conditional use permit, 2023-020-CUP is approved, subject to the Conditions of Approval set forth in Exhibit 3 of this Resolution, including a parking modification per Section 18.75.050.B.

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 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 23rd day of May 2023 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. 2023-40, has been duly signed by the Mayor and attested by the City Clerk, all at a regular meeting of the City Council, held May 23, 2023 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 819 Obispo Street
123 E. Anapamu Street Guadalupe, CA 93434
Santa Barbara, CA 93101
Project Title: Lopez Employee Housing
Project Applicant: Daniel Lopez and Rosio Ibarra
Project Location-Specific: 4575 & 4581 Tenth Street, Guadalupe, CA 93434 Project Location-City: Guadalupe Project Location-County: Santa Barbara County Description of Nature, Purpose, and Beneficiaries of Project:

The project includes remodeling of two existing structures into employee housing that will contain 40 farmworkers. The project meets all requirements of the Class 3 CEQA Exemption.

Name of Public Agency Approving Project: Guadalupe City Council Name of Person or Agency Carrying Out Project: City of Guadalupe 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 3 (Section 15303) General Exemption (Section 15061(b)(3))
Reasons why project is exempt:

This proposed project is located in an urbanized area on approximately one third acre where all services ae provided and no rare or endangered plants or animals are known to exist. 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: Larry Appel (Area Code) Phone Number/Ext: (805) 287-9494 Signature: Title: Contract Planning Director
Date received for filing at County Clerk’s Office: ________________ (Form prepared March 2018)

EXHIBIT 2

FINDINGS FOR APPROVAL

LOPEZ EMPLOYEE HOUSING
2023-022-CUP

1.0 CEQA Findings

1.1 CONSIDERATION OF THE CATEGORICAL EXEMPTION AND FULL

DISCLOSURE
The City Council has considered the Class 3 Exemption per CEQA Section 15303 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
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 Conditional Use Permit Findings
The City Council shall determine whether or not the establishment, maintenance or operation of the use which is applied for will be consistent with the Findings below:

1. The project or use shall be consistent with applicable provisions of the General Plan and Zoning Ordinance.

The project has been found to be consistent with applicable provisions of the general plan and zoning ordinance.

2. The project or use shall 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 analyzed for operation of the employee housing in light of being located within a neighborhood of mixed high and low density residential uses. The property is located on a corner, so only two sides are adjacent to residential uses. One side contains a large apartment complex parking lot which should not impact anyone.

The west side has a single family residence. Staff has conditioned the project to prohibit the use of the narrow side yard except for routine maintenance. That should minimize impacts to that residence. The owner has drawn up a very strict leasing contract that will go a long way to lessen or eliminate any problems with the surrounding neighborhood. Staff supports this project knowing that everything that can be done to minimize impacts to the neighborhood has been considered.

3. Should the Zoning Ordinance require both a CUP and Design Review, Section

18.73.030.A states that only the CUP shall be processed by the City Council. However, in such cases, the Findings for Design Review (Section 18.73.100) shall be required as part of the CUP approval process.

No Design Review is proposed for this project.

EXHIBIT 3

CONDITIONS OF APPROVAL

LOPEZ EMPLOYEE HOUSING
2023-022-CUP

GENERAL CONDITIONS

1. Project Description: The project consists of remodeling two buildings to provide housing for H2A workers. The CUP could permit the housing of 32 workers in the main building (3,470 sq.ft) and an additional eight workers in the smaller structure (585 sq.ft.). The applicant is proposing new outdoor seating areas with enhanced landscaping and two carports. All facilities would be required to comply with the City’s employee housing standards and all federal standards for labor camp housing. The project appears to provide 12 parking spaces, two being the required carports. The project shall be constructed as shown on Sheets A 0.0-A 4.1, dated May 23, 2023. Deviations may require amendments to the permit, including additional CEQA review. Deviations without the above-described approval will constitute a violation of the permit approval.

2. The Applicant agrees, as a condition of approval of this resolution, to indemnify, defend and hold harmless, at Applicant’s expense, City and City’s 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 attach hereto. City shall promptly notify 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 as a result of any such claim, action or proceeding. City may, in its sole discretion, participate in the defense 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. 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 period 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.

CITY ENGINEER CONDITIONS

4. All of the following conditions shall be completed to the satisfaction of the City Engineer prior to issuance of certificate of occupancy, unless otherwise stated herein.

Drawings/Administrative

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

6. 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 and adjacent to 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. Keep vegetation trimmed within landscaped areas so as not to encroach upon the sidewalk. Failure to comply with this condition is a public nuisance and is subject to the adopted citation ordinance of the City of Guadalupe.

Infrastructure improvements

7. 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.

8. 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

9. MWELO – For new landscape area under 2500 ft.², complete and submit Appendix D, attached.

Street/sidewalk

10. Applicant shall repair any cracked or broken curb, gutter, driveway, and sidewalk within the project frontage (two locations). 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.

11. Upgrade adjacent curb ramps to current ADA standards at the northwest and northeast corners of 10th Street and Olivera Street.

PLANNING DEPARTMENT CONDITIONS

12. Commencement of work. The applicant shall notify City Planning Department and City Building Department staff of the start date for construction at least 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.

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

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

15. Zoning Clearance. No Building Permit including grading shall be issued until a Zoning Clearance has first been issued by the Planning Department.

16. 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 the Zoning Clearance.

17. Compliance with Conditions. The applicant shall be in compliance 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.

18. 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 noise-generating equipment) are not subject to these restrictions. The applicant is advised that building inspectors and planning staff will spot check and respond to complaints.

19. Landscaping. Prior to issuance of Zoning Clearance, the applicant shall submit a Final Landscape Plan for review and approval by the Planning Director. Prior to the first occupancy clearance, the project shall have all landscaping planted. Landscaping shall be installed and maintained per the City-approved landscape and irrigation plan and maintained for the life of the project. The type, size, density and configuration of new

plants shall be selected to maximize successful establishment and growth to achieve this landscaping objective within a reasonable period of time after installation. Final landscape and irrigation plans shall be submitted by the Applicant to the City for review and approval prior to Issuance of Zoning Clearance. All landscaping and irrigation shall be completed and installed prior to the Occupancy Clearance of either building. Plant locations may be adjusted in the field (as directed by Planning staff) to achieve landscaping objectives. The applicant shall contact City Planning staff at least 48 hours prior to request for occupancy clearance in order to verify that landscaping and irrigation has been installed according to the approved plans. Failure to comply with the requirement could jeopardize issuance of the occupancy clearance.

20. 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 departments having conditions. Such clearance shall indicate that the Owner/Applicant has satisfied all pre-construction conditions.

21. Conditional Use Permit Expiration. Any conditional use permit or variance granted in accordance with the terms of this title shall expire if not initiated within one year from the date of the approval thereof, or within any shorter or longer period of time if so designated by the City Council, unless the applicant applies for and obtains an extension from the City Council. If the required Zoning Clearance is not issued within the 12 months following the effective date of this Conditional Use Permit, or within such extended period of time as may be authorized in compliance with Section 18.72.190 of the Guadalupe Municipal Code, and an application for an extension has not been submitted to the Planning Department, then the Conditional Use permit shall be considered void and of no further effect.

22. Conditional Use Permit-Void. This Conditional Use Permit shall become void and be automatically revoked if the development and/or authorized use allowed by this Conditional Use Permit is discontinued for a period of more than 12 months, or within such extended period of time as may be authorized in compliance with Section

18.73.120.B of the Guadalupe Municipal Code. Any use authorized by this Conditional Use Permit shall immediately cease upon expiration or revocation of this Conditional Use Permit. Any Zoning Clearance approved or issued pursuant to this Conditional Use Permit shall expire upon expiration or revocation of the Conditional Use Permit. Renewals must be applied for prior to expiration of the permit.

23. 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.

24. 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 prior to the start of building/grading activities onsite.

25. 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.

26. All newly planted and existing landscaping shall be maintained for the life of the project.

27. In the unexpected event archaeological or paleontological resources are unearthed during project construction, all earth disturbing work within the project area of potential effect (APE) must be temporarily suspended until an archaeologist has evaluated the nature and significance of the find. After the find has been appropriately mitigated, work in the area may resume. A Native American representative should monitor any archaeological field work associated with Native American materials.

28. Prior to Occupancy of either building, the owner shall have recorded either a Merger or Lot Line Adjustment that will bring the larger building into compliance with setbacks.

29. State and federal compliance – The owner shall work with the State Workforce Agency and other state and federal agencies to ensure that the project has been designed, and will be constructed and operated according to these standards. The applicant shall be responsible to provide evidence of compliance prior to occupancy.

30. Maintenance of building and grounds - The property shall not become a public nuisance.

The site shall be permanently maintained (structural, grounds and landscaping).

31. Residential development standards – The project shall comply with all applicable sections of Chapter 18.53.

32. Garages – The project site is required to provide at least two carports prior to occupancy.

33. Common living area – None of the kitchen, lounge or bathroom areas shall be converted to sleeping quarters.

34. Dwelling appearance – The exterior of the buildings and perimeter fencing shall be upgraded as part of the renovation process and completed prior to the first occupancy clearance.

35. Commercial signs – No signs other than street numbers shall be permitted. Any transportation vans or buses shall utilize magnetic signs that will be removed when the vehicle(s) are parked on the property.

36. Vehicle use –The property shall provide 11 parking spaces which can be utilized by the employees with private vehicles. All facility vehicles (company and private) are required to park on the property and not on the two side streets.

37. Large capacity vans/buses – The standards prohibit vehicles with a capacity of 16 or larger to park on the property, unless a modification has been approved by City Council.

38. 24-hour emergency number – The owner shall provide a 24-hour emergency number for use by the Police and Fire Departments.

ATTACHMENT 2

1 Agenda Item No. 11

REPORT TO THE CITY COUNCIL OF THE CITY OF GUADALUPE
Agenda of May 23, 2023

________________________________ __________________________________ Prepared by: Approved by:

Michael Cash, Director of Public Safety Todd Bodem, City Administrator SUBJECT: Options to address violations of two (2) hour limited time parking in the Downtown Business District
BACKGROUND:

Public Safety received concerns from the owner of Romo’s Market (who also spoke at a recent Guadalupe City Council meeting) concerning the issue of vehicles not complying with the two (2) hour limited time parking in front of his business located at 727 Guadalupe Street. This report is to provide information to the City Council concerning available options to address these concerns.

RECOMMENDATION:

It is recommended that the City Council:
1) Receive presentation from staff; and
2) Accept public comment; and
3) Deliberate and provide direction to City staff; or
4) Continue to another Council meeting for further discussion and deliberation.

DISCUSSION:

The business at 727 Guadalupe Street, Romo’s Market, is in the Downtown Business District of the City of Guadalupe, per sec�on 10.24.080 of the Guadalupe Municipal Code (GMC), designated as Guadalupe Street between 6th Street and 12th Street, which includes parking restric�ons that prohibit any vehicle from being parked longer than two (2) hours between the hours of 9:00 a.m. and 6:00 p.m. of any day except Sunday and legal holidays. The business owner’s concern is that individuals park their vehicles in front of his business all day without moving them. He believes this adversely affects the financial opera�ons of his establishment as other patrons do not have easy, frequent access to his place of business. He requests that the City study the parking situa�on in this area and take appropriate ac�on to allow more patron traffic at his business and other businesses in the vicinity. The business has parking directly in front with space for two vehicles to legally park. Currently, there are no parking signs, parking meters, or official markings in front or near this loca�on. GMC sec�on 10.24.080 provides that signs no�fying the public about the two (2) hour �me limit for parking are to be posted at least every Michael Cash
2 300 feet. It is unclear if there is such a sign within 300 feet of Romo’s Market. The nearest one appears to be located between Masatani’s Market and La Pasadita Oaxaqueña Restaurant.

The state has assumed all legal authority for enac�ng laws concerning parking on public streets, but it has delegated much of this power to local jurisdic�ons. While that is the case, since Guadalupe Street is a state highway, any parking restric�ons must be approved by Caltrans, which has already approved the two (2) hour limited �me parking restric�on in the Downtown Business District as evidenced by Sec�on 10.24.080.

One way to address concerns about viola�ons of the two (2) hour parking restric�on would be for the City Council to direct staff to install addi�onal signage in the Downtown Business District to ensure each sign is no more than 300 feet apart and/or to authorize addi�onal signage less than 300 feet apart where appropriate (such as in front of Romo’s Market).

Another op�on would be to install parking meters in front of Romo’s Market. GMC sec�on

10.28.040 authorizes parking meters to be installed on Guadalupe Street between Third St. and the end of the 700 block (which happens to include Romo’s Market). If the Council wished to authorize parking meters in other areas of the Downtown Parking District (e.g., from the 800 block to 12th St.), this sec�on would need to be amended, and it would likely need to be approved by Caltrans. If the Council is interested in installing parking meters in the loca�ons where they are currently allowed (and/or in other loca�ons along Guadalupe St.), the Council should also consider raising the rate of five (5) cents per 12 minutes set forth in GMC sec�on 10.28.090 (established in 1983).

FISCAL IMPACT:

Unknown at this �me depending on the direc�on provided by the City Council in rela�on to pos�ng signs, or purchasing parking meters, or pain�ng of curbs.