Cities Index.
Agenda packet

Vallejo City Council
September 20, 2022

Document
Agenda packet
Meeting
September 20, 2022
Body
Vallejo City Council
Pages
8
Original file
39.9 MB
Text extracted from the city's file for reading and search. Open the original on vallejoca.api.civicclerk.com. That file is the official record.

Previous Code (before 7/22/2021)

16.82.060 Standards and criteria for certain conditionally permitted uses.

V. Retail sales of cannabis. Where this code conflicts with Title 16 and MAUCRSA design and development standards, the more restrictive standards shall apply. All applicable district requirements are met, together with the following requirements:

1. Regulatory Permits. Retail sales of cannabis uses must obtain and main tain all required state and local permits and licenses including the local regulatory permit to operate required under Chapter 7.200 of this code. Revocation of the state cannabis license or the local regulatory permit to operate under Chapter 7.200 of this code shall be grounds for revocation of the minor use permit for the retail sales of cannabis use. Valid and applicable state and local licenses and permits shall be publicly displayed at all times during hours of operation. Operations and location requirements must at all times comply with applicable regulations contained in Title 16 of the California Code of Regulations as those may be updated from time to time by the California Bureau of Cannabis Control.

2. Locational Limitation.
a. Any retail sales of cannabis use may not be located within a six hundred-foot radius of a school providing instruction in kindergarten or any grades one through twelve, day care center, or youth center as defined in Health and Safety Code Section 11353.1. The distance specified in this section shall be the horizontal distance measured in a straight line from the property line of the school or center to the closest property line of the lot on which the permittee is to be located without regard to intervening structures. b. Any applicant for a use permit to conduct retail sales of cannabis, whether for 'adult use' or medicinal purposes, must conduct all retail sales at one site.

3. Development and Operational Standards. Retail sales of cannabis uses shall comply with site development standards specified in the applicable zoning district. Such uses shall also comply with the following standards:
a. General:
i. No person under age eighteen (for medical retail sales of cannabis) or twenty - one (for recreational retail sales of cannabis) shall be allowed on the property. ii. No transactions outside, or partially outside of an enclosed building are permitted. No transactions which are performed through walk-up or drive- through service are allowed.
iii. The property shall not include patio or cafe seating, unless used exclusively for employees in an area not accessible to the general public. iv. No use, inhalation, smoking, eating, ingestion, or other consumption of cannabis in any form shall be allowed on the property, including the parking areas of the property.
v. No alcohol shall be consumed, made available, sold, offered for sale, given, distributed, traded, or otherwise provided to customers, employees, guests, visitors, or volunteers.

Created: 2021-04-08 16:57:09 [EST]
(Update 1-21)

Page 2 of 4 ends

vi. No retail sales of cannabis shall occur, in any form, to anyone between the hours of eight p.m. and nine a.m., except delivery.
vii. The property complies with all applicable California State Building Code provisions, the city's property maintenance ordinance and is maintained free of debris, litter and trash.
viii. All transactions, including but not limited to cash or in-kind contributions, reimbursement or compensation, shall be fully documented. ix. The owner will have a written security plan including procedures for verifying identification and age of purchasers. The plan must include a description of licensed and uniformed security guards who must be present on site during hours of operation, including their number, location and hours, as well as a theft prevention plan including locked exterior doors and windows during the times the business is closed. The licensed and uniformed security guard best practices shall comply with state law.
x. The point of sale software used to track retail sales must be acceptable to the finance director.
xi. Retail sellers of cannabis may only use one name to identify themselves in the minor use permit, the local regulatory permit, the state license and any other state or local permit that may be required.
b. Limitations on retail area in industrial zones. In the Intensive Use-Limited (IU-L), Intensive Use (IU), and Planned Development Industrial (PDI) Districts, no more than fifty percent of the floor area shall be devoted to retail sales.
c. Lighting:
i. Exterior perimeter lighting shall be in place prior to operation; ii. Exterior lighting shall be code compliant LED fixtures or high efficiency luminaries, and shall have an illumination intensity of between one and four foot candles;
iii. Lights shall be directed and shielded so as not to illuminate adjoining properties;
iv. Lights shall include housing to protect against breakage; v. Broken or burnt out lights shall be replaced within forty-eight hours; vi. Transitional lighting shall be incorporated in exterior areas providing access to and from buildings or uses within a site; and
vii. Trees and shrubs shall not interfere with the distribution of lighting as required by this section.
d. Signs:
i. A sign shall be posted on the door or in view of the entrance stating that no person under the age of eighteen (for medical retail sales of cannabis) or twenty-one (for recreational Retail sales of cannabis) is allowed on site. ii. A sign shall be posted stating that the use or consumption of cannabis or cannabis products on or near the premises is prohibited. iii. A sign shall be posted stating loitering on or near the premises is prohibited.

Created: 2021-04-08 16:57:09 [EST]
(Update 1-21)

Page 3 of 4 ends

iv. A sign shall be posted outside the facility in full public view containing city contact information for both emergency situations and information regarding public concern about operations.
v. Other requirements as prescribed in Chapter 16.64.
e. Windows. In order to promote a strong pedestrian connection for retail safety, visibility, crime prevention through environmental design and a positive active environment, support natural lighting, and enhance curb appeal and value of retail space:
i. No display of cannabis or cannabis product shall be permitted within ten feet of the window.
ii. Storefronts must maintain transparent windows that allow visibility into the store, with a minimum of sixty percent transparency on the street frontage at the ground level and allow visibility into the building at a minimum of four feet above the ground.
f. Screening and landscaping:
i. Shrubs located next to pedestrian walkways and other vulnerable areas as determined by the planning manager or his or her designee shall not exceed three feet in height at maturity.
ii. Trees shall be pruned up to six feet above ground.
iii. Trees and shrubs shall be pruned back from windows, doors and walkways. iv. Decorative stone, brick, and other masonry material shall be grouted to prevent removal by hand.
v. Entrances to the site and parking lots shall be defined with landscaping or entry features.
vi. Outdoor waste and recycle bins shall be contained within a locked structure to prevent unauthorized entry.
vii. Other requirements as prescribed in Chapter 16.70. g. Noise:
i. The use of generators is prohibited, except as short-term temporary emergency back-up systems; and
ii. Other requirements as prescribed in Section 16.72.030 shall apply. h. Odor control: A sufficient odor-absorbing ventilation and exhaust system shall be installed and operated to ensure that odor generated by the use is not detected outside the property, anywhere on adjacent properties or public rights -of-way, or within any other separate use or unit located within the same building as the retail sales of cannabis use. i. Maintenance:

1. Property shall be maintained free of debris, litter and trash; and

2. The use shall comply with Chapter 7.54, Property Maintenance. j. Other performance standards: The use shall comply with all requirements prescribed in Chapter 16.72.

Created: 2021-04-08 16:57:09 [EST]
(Update 1-21)

Page 4 of 4 ends

(Ord. 1552 N.C.(2d) § 4 (part), 2005: Ord. 1524 N.C.(2d) § 8, 2004: Ord. 1368 N.C.(2d) §§ 5 (part), 18, 1996: Ord. 1360 N.C.(2d) §§ 2, 3, 1996: Ord. 1318 N.C.(2d) § 2 (part), 1994: Ord. 1283 N.C.(2d) § 16, 1993: Ord. 1029 N.C.(2d) § 15, 1989: Ord. 906 N.C.(2d) § 1, 1986: Ord. 898 N.C.(2d) § 3, 1986: Ord. 693 N.C.(2d) § 2, 1983: Ord. 649 N.C.(2d) § 23, 1982: Ord. 645 N.C.(2d) § 3, 1982; Ord. 633 N.C.(2d) § 4, 1982: Ord. 627 N.C.(2d) § 3, 1981: Ord. 595 N.C.(2d) § 18, 1981: Ord. 590 N.C.(2d) § 2; 1981: Ord. 578 N.C.(2d) § 2, 1980: Ord. 558 N.C.(2d) § 2 (part), 1980.) ( Ord. No. 1717 N.C.(2d) , § 1, 12-15-2015; Ord. No. 1680 N.C.(2d), § 4, 8-27-2013; Ord. No. 1667 N.C.(2d), § 5, 7- 10-2012; Ord. No. 1630 N.C.(2d), § 11, 12-8-2009; Ord. No. 1761 N.C.(2d), § 9, 6-13-2017; Ord. No. 1810 N.C.(2d) , § 16, 12-18-2018)

1 Jonathan Atkinson
From: Christina Ratcliffe
Sent: Friday, June 25, 2021 5:58 PM
To: Chuck Wesley; Martin Wesley; Robin Lee
Cc: Anne Cardwell; Veronica Nebb; Gillian Hayes; Jonathan Atkinson Subject: Re: VTown Farms

Chuck et all,
Mayor and Council (bcc'd)

Jonathan and I have gone over the plans with your architect on a Zoom meeting. I have reviewed the Planning Commission hearing and the City Council hearings on this issue. I have spoken to the Interim Deputy City Manager and the City Attorney and reviewed the Code requirements with them. City Staff concurs that the minimum 60% window requirement for the storefront on the street frontage is measured as a percentage of the wall area of the storefront in relation to the window area.

"Storefronts must maintain transparent windows that allow visibility into the store, with a minimum of sixty percent transparency on the street frontage at the ground level and allow visibility into the building at a minimum of four feet above the ground."

Your proposed definition of measuring the windows and storefront and taking a linear percentage does not meet the intent of the code. Under that definition, windows could be six inches high, or less. The Code states that the minimum 60% of storefront be windows "In order to promote a strong pedestrian connection for retail safety, visibility, crime prevention through environmental design and a positive active environment, support natural lighting, and enhance curb appeal and value of retail space".

This 60% of wall area is the criteria that was given to your team early on and consistently, as well as other new retail cannabis locations. It was supported and approved by the Planning Commission and the City Council. The current drawings show ~30% windows on the retail storefront. Please revise the drawings to reflect the required 60% transparency. If you do not wish to do this, you may apply for a Variance, which would involve a public hearing.

I also understand that due to the pandemic windows are taking an unusually long time from order to delivery (up to 16 weeks) Since your project was delayed by the appeal, and the City’s urgency ordinance is still in place, I would be willing to grant a Temporary Certificate of Occupancy, and allow you 16 weeks to install the required windows, provided all other Conditions of Approval and Code requirements are met.

If the 16 week extension is not met, your Use Permit and City cannabis license would be subject to revocation.

I believe this allows you the time you need to comply with the code and your conditions of approval, while ensuring that those requirements and conditions are met in a timely manner.

Let me know how you want to proceed.

Christina
2 Christina Ratcliffe, AICP
Interim Planning and Development Services Director
City of Vallejo  | Planning &  Development Services Dept. (707) 648‐4382| [email protected]

****COVID‐19 UPDATE:  As COVID‐19 continues to evolve, the City of Vallejo is doing its part to limit the spread of the virus.  Consistent with State and Federal guidance, and to limit potential exposure for employees and customers, City Hall and the Central Permit Center located at 555 Santa Clara Street will be open to the public for limited services between the hours of 9am to 3pm Monday through Thursday (closed Friday).

During City Hall non‐open to the public hours, routine questions will be responded to via phone Central Permit Center 707‐648‐4328 or email [email protected] and applications may be submitted using one of the following options (payments must be sent using options 1 or 3):

1. Via drop box outside City Hall (555 Santa Clara Street, Vallejo)

2. Via e‐mail to: [email protected], [email protected], or  [email protected] (Central Permit Center)

3. Via regular mail to: Building or Planning Division, 555 Santa Clara St, Vallejo, CA, 94590

4. Via online: http://www.ci.vallejo.ca.us/online_services/central_permit_center

We recommend that you please call 707‐648‐4328 to make an appointment if you need to speak with a specific staff person.

If you need COVID support, we encourage you go to our website https://www.cityofvallejo.net/NCOV or for COVID urgent issues you may call the City's COVID hotline at (707) 648‐8605.

We value your business and your safety, and thank you for your flexibility and patience while we make necessary changes to better serve you. Thank you for being our customer!

From: [email protected] <[email protected]>
Sent: Friday, June 25, 2021 2:54 PM
To: Jonathan Atkinson <[email protected]>; Christina Ratcliffe <[email protected]> Cc: 'Chuck Wesley' <[email protected]>; 'Work' <[email protected]> Subject: VTown Farms

Jonathon/Christina,

Thank you for reviewing the transparency issue relative to VTown’s exterior elevation. 3 To recap, the elevations submitted (updated elevation attached for clarity) represents a solution designed to meet the intent of the code by providing the following:

1. 60% transparency along the entire length of the retail dispensary

2. 29% of the surface area of the exterior elevation

3. A structurally feasible alternative to rebuilding the entire storefront

Our concern is that the additional glazing would put the store operations at greater risk for crime, and at greater expense, without adding value in terms of visibility, or even daylight, given the soffited overhang running the length of the entry.  We understand that  your interpretation of this code requires additional glazing; but we’d like you to consider that it actually runs counter to the intent of the code.

Vallejo Zoning Code 16.82.060 Ve:
e. Windows. In order to promote a strong pedestrian connection for retail safety, visibility, crime prevention through environmental design and a positive active environment, support natural lighting, and enhance curb appeal and value of retail space:
i. No display of cannabis or cannabis product shall be permitted within ten feet of the window. ii. Storefronts must maintain transparent windows that allow visibility into the store, with a minimum of sixty percent transparency on the street frontage at the ground level and allow visibility into the building at a minimum of four feet above the ground.

We appreciate your consideration.

Robin Tibbetts
Studio Benavente Architects Inc.
580 Lennon Lane
Walnut Creek, CA 94598
925‐934‐7778

****************** This is an EXTERNAL EMAIL. Stop and think before clicking links or opening attachments. *******************

582 Market Street, Suite 1402 | San Francisco, CA 94104 | T 415-466-2997 | www.BASEDesignInc.com

September 9, 2021

City of Vallejo
Planning & Development Services Department
555 Santa Clara Street #3
Vallejo, CA
94590

RE: V-Town Farms
5184 Sonoma Boulevard
Vallejo, CA 94589

BASE Design Project No. 21087

To Whom it May Concern,

BASE Design has performed an assessment of the existing building at 5184 Sonoma Boulevard in Vallejo, CA for V-Town Farms, which is a new dispensary at this location. To comply with the City of Vall ejo Planning Department, V-Town Farm’s build-out includes extensive openings in the existing exterior wall to allow for visibility into the dispensary space. The exterior walls of this building are constructed of concrete masonry units (CMU).

The building at 5184 Sonoma Boulevard is a single-story structure. The building’s gravity load supporting system is open web joists at the roof supported by glulam beams and by the exterior CMU walls. The existing seismic force resisting s ystem is entirely comprised of the exterior CMU walls. The plywood diaphragm at the roof transfers seismic forces to these walls.

Because the exterior CMU walls are the seismic-force resisting system, installing new openings in these walls weakens the building’s ability to resist loads during an earthquake. Not only do these walls support seismic loads from the roof, which are parallel to the plane of the wall, but they a lso must resist seismic loads perpendicular to the plane o f the wall and created by the heavy weight of concrete masonry walls themselves.

All new openings in the exterior CMU walls need to be analy zed for both their effect on the building ’s overall seismic-force resisting capacity and for their lo calized effect on the wall’s ability to resist seismic loads due to its own weight.

Based on our analysis of the existing CMU walls and the new proposed openings shown in the architectural drawings prepared by Studio Benavente Architects Incorporated dated August 9, 2021, the existing walls require strengthening. Steel channels are proposed to assist in supporting out-of-plane seismic loads due to the weight of the CMU walls around new openings. Additionally, new jamb reinforcing steel is required to ensure that the portions of CMU walls that remain have adequate capacity to resist seismic loads from the building a s a w hole. With the current proposed new opening s, the remaining portions of CMU wall have just enough capacity to resist seismic loads from the building as a whole. Additiona l openings will require additional, more invasive strengthening of the portions of the CMU walls to remain . This strengthening would likely involve adding shotcrete to the face of the CMU walls and strengthening the existing roof.

Furthermore, due to a lack of as -built drawings for the existing building, BASE Design does not advise installing new openings within the 16 feet of wall between the two existing doors. The configuration of the RE: V-Town Farms Storefront

September 9, 2021 Page 2 of 2

582 Market Street, Suite 1402 | San Francisco, CA 94104 | T 415-466-2997 | www.BASEdesigninc.com

reinforcing steel around the existing openings is not known and cutting into the portion of wall between these openings would further weaken the building.

Please do not hesitate to contact me if you have any questions.

Very truly yours,

BASE Design

Kathryn Briggs, SE 5732
Principal
REG

ISTERED

PROFESSIONAL

ENGINEER

KATHRY BR IGGS
RT
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TS

FLCA IF
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ORNIA
S AL
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NO. 5732
Exp. 12-31-22

From: Chuck Wesley
To: Robert H. McConnell; Rozzana Verder-Aliga; Pippin Dew; Mina Loera-Diaz; Katy Miessner; Tina Arriola Cc: Christina Ratcliffe
Subject: V-Town Farms - May 10th City Council Meeting
Date: Monday, May 2, 2022 7:55:46 AM
Mayor, Vice Mayor & Councilmembers,
Respectfully... On May 10th, the City Council will hear our Request for two changes to the existing Use Permit Conditions for V-Town Farms. Prior to the meeting, you will receive our packet of materials from Ms. Ratcliffe.

We believe you will find our requests to be worthy.

One of the requested changes pertains to the $600,000 annual donation requirement. We are requesting that it be changed to 1% of Revenue. A key point we will make is that this was presented and agreed to in

the context of a $60 Million revenue business. Presently, we are only a $10 Million revenue business with no apparent chance of achieving even $20 Million. $60 Million is no longer realistic.

Prior to the meeting of the 10th, we believe it is important that you have an opportunity to confirm our assertion that the $600K was presented and agreed in the context of V-Town Farms being a $60 Million business. And you can do this, as follows...

The City Council Meeting of May 25th can be viewed at... https://vallejoca.civicclerk.com/Web/Player.aspx?id=1378&key=-1&mod=-1&mk=-1&nov=0 At 4:05:25 of the City Council Meeting on May 25th, Councilmember Dew raised the matter for the first time and, in the context of V-Town Farms producing "double" the revenues of CoCo Farms in Antioch, asked if we could agree to donate $600K per year. (CoCo Farms generates $30 Million per year in revenue.)
I agreed. Again... in the context of V-Town Farms producing twice the revenue of CoCo Farms.

The City Council Meeting of June 7th can be viewed at... https://vallejoca.civicclerk.com/Web/Player.aspx?id=1660&key=-1&mod=-1&mk=-1&nov=0 At 37:05 of the City Council Meeting on June 7th, I requested that the $600,000 requirement be changed to 1%. And again clarified that the $600,000 was one percent of the planned $60 Million in annual revenue for V-Town Farms.

The requested edit was denied.

Thank you for your time and consideration.

Regards,
Chuck
Charles M. ("Chuck") Wesley
Managing Member
480-225-1167 mobile
Kolaboration Vallejo LLC
****************** This is an EXTERNAL EMAIL. Stop and think before clicking links or opening attachments. *******************

V-Town Farms City Council Presentation
May 10, 2022

Page 1 of 3 ends

● Recap of where the business is at…
○ Monthly Retail revenues are approximately $700K.
○ Monthly Wholesale revenue is approximately $300K.
○ Monthly cannabis fees to the City are approximately $50K ○ 47 Employees… 44% are Vallejo residents (55% of hires have been Vallejo residents) ■ 14 in Manufacturing & Packaging
■ 33 in Retail
● Pertaining to the 800 Number for Neighborhood complaints… ○ Nine months of operation… not one neighborhood complaint ○ Two customer complaints pertaining to service.
● Pertaining to the Community Outreach Program…
○ In as much as there have been no neighborhood complaints, this may be moot. ● Pertaining to Donations to Non-Profits…
○ Preliminary List is attached.
○ Solano AIDS Coalition is the only beneficiary to-date.

V-Town Farms City Council Presentation
May 10, 2022

Page 2 of 3 ends

● Pertaining to the 60% transparency requirement…
○ This requirement is not in the code.
○ Meeting it will damage the aesthetics of the building; not improve them. And it will surely diminish Safety & Security.
○ If we were applying today, it would be with a minor use permit and we would not be required to meet this requirement.
○ The building as it now exists is both conforming and legal . ● BASE Structural Engineers…
○ Two approaches to achieving 60%
○ Approach #1… $329,000 and closed for 6 weeks (Jim Garton Construction) ○ Approach #2… $278,000 and closed for 6 weeks (Jim Garton Construction) ○ Neither approach is affordable for the company.
● 60% Plan B…
○ Reconfigure the Retail floor from 9,000sf to 1,500sf and add one 4 x 10 window in the front.
○ The reduced Retail area will reduce the Distribution and Manufacturing areas. ○ Distribution would be resized from 1,500sf to 450sf. Manufacturing from 500sf to 150sf. ○ The downsized areas will not support current staffing.

V-Town Farms City Council Presentation
May 10, 2022

Page 3 of 3 ends

● Pertaining to the $600,000 Donation requirement…
○ We did not offer this. We agreed to it in the context of a $60 Million revenue business. ■ At 4:05:25 of the City Council Meeting on May 25th, Councilmember Dew raised the matter for the first time and, in the context of V-Town Farms producing "double" the revenues of CoCo Farms in Antioch, asked if we could agree to donate $600K per year. ■ I agreed. Again... in the context of V-Town Farms producing twice the revenue of CoCo Farms.
■ At 37:05 of the City Council Meeting on June 7th, I requested that the $600,000 requirement be changed to 1%. And again clarified that the $600,000 was one percent of the planned $60 Million in annual revenue for V-Town Farms.
■ The requested edit was denied.
○ So again…
■ We did not "offer" it.
■ We agreed to it in the context of V-Town Farms doubling the revenues of CoCo Farms.

Effectively, $60 Million in annual revenues.
■ We requested that the $600,000 be changed to 1%, and the request was denied. ○ No other cannabis company is required to make donations. ○ We are offering 1% of Revenue. This would be approximately $100,000 this year. ○ If at some point we ARE a $60 Million business, then the donation would be $600,000; which is what was contemplated during the City Council meetings.

Special City Council Meeting Minutes
May 3, 2022
Page | 1

VALLEJO CITY COUNCIL

SPECIAL MEETING MINUTES
MAY 3, 2022

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California

1. CALL TO ORDER
The meeting was called to order at 4:36 p.m.

2. ROLL CALL

Present: Mayor McConnell, Vice Mayor Verder-Aliga (arrived at 4:40 p.m.), Councilmembers Arriola, Brown, Dew (arrived after roll call), Loera-Diaz, and Miessner (arrived at 4:39 p.m.)

Absent: None
Staff present: City Manager Malone, City Attorney Nebb, City Clerk Abrahamson, Assistant City Manager Hayes, Special Advisor to City Manager/Economic Development Manager Kelley.

The City Council convened into Closed Session in the Conference Room at 4:39 p.m.

3. CLOSED SESSION
A. Conference with Real Property Negotiators (Government Code section 54956.8) Property: Assessor Parcel Numbers 0182-291-020, -030; 0182-292-010, -020, - 030, -040, -050, -060, -070, -080, -090, -100; 0182-293-010, -020, -030, -040, - 050, -060, -070, -080, -090, -100; 0182-301-010, -020, -030, -040, -050, -060, - 070, -080, -090, -100, -110, -120. -130, -140, -150, -160, -170, -180, -190, -200, - 210, -220, -230, -240, -250, -260, -270; 0182-302-010, -020, -030, -040, -050, - 060, -070, -080, -090, -100; 0182-310-010, -030, -040, -060, -070, -080, -090, - 100, -110, -120, -150, -180, -200, -220, -230, -250, -270, -290, -300, -310, -320, - 330, -340, -350, and -360
Agency Negotiators: Gillian Hayes, Interim Assistant City Manager; Paul Kelley, Spec. Advisor to City Manager - Economic Development Manager; and Acting Real Property & Asset Manager
Negotiating Parties: City of Vallejo and County of Solano Under Negotiation: Price and Terms of Payment

4. ADJOURNMENT
The meeting adjourned at 5:01 p.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
Special City Council Meeting Minutes
May 3, 2022
Page | 2
ATTEST:
________________________________
DAWN G. ABRAHAMSON

CITY CLERK

Special City Council Meeting Minutes
May 3, 2022
Page | 1

VALLEJO CITY COUNCIL

SPECIAL MEETING MINUTES
MAY 3, 2022

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California

1. CALL TO ORDER
The meeting was called to order at 5:03 p.m.

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

Present: Mayor McConnell, Vice Mayor Verder-Aliga, Councilmembers Arriola, Brown, Dew, Loera-Diaz, and Miessner

Absent: None
Staff present: City Manager Malone, City Attorney Nebb and City Clerk Abrahamson City Attorney Nebb reported Council provided direction to its real property negotiators with respect to Closed Session Item 3A that was held prior to the start of this special meeting.

4. ACTION CALENDAR
A. FISCAL YEAR 2022-23 OPERATING BUDGET WORKSHOP AND

DEPARTMENT BUDGET UPDATES
Recommendation: Provide input to staff regarding any amendments to the Proposed Budget. There is no staff report associated with this item.

Contact: Rekha Nayar, Finance Director, (707) 648-4592
[email protected]
Finance Director Nayar reviewed the budget process and shared budget at a glance graphics and charts, discussed General Fund Revenue and Expenditure Trends, General Fund proposed budgets by departments and Fund Balance, outlined proposed changes for FY 2022-23 Services and Supplies and proposed FTE changes.

City Manager Malone reviewed the proposed FY 2022-23 General Fund Budget for the Administration Department, shared the Department’s FY 2021-22 accomplishments and discussed projects for FY 2022-23.

City Attorney Nebb shared the City Attorney’s Office accomplishments for FY 2021-22 and discussed projects for FY 2022-23.

Assistant City Manager Davis shared the Human Resource Department’s FY 2021-22 accomplishments and discussed projects for FY 2022-23.

Special City Council Meeting Minutes
May 3, 2022
Page | 2
Chief Innovation Officer & IT Director Ashraf shared the IT Department’s FY 2021-22 accomplishments and discussed projects for FY 2022-23.

Fire Chief Long reviewed the proposed FY 2022-23 General Fund Budget for the Department, shared the Department’s FY 2021-22 accomplishments and discussed projects for FY 2022-23.

Assistant City Manager Hayes reviewed the proposed FY 2022-23 Housing budget, shared the Housing Division’s FY 2021-22 accomplishments and discussed projects for FY 2022-23.

Planning & Development Services Director Ratcliffe reviewed the proposed FY 2022-23 General Fund Budget for the Department, shared the Department’s FY 2021-22 accomplishments and discussed projects for FY 2022-23.

Special Advisor to City Manager/Economic Development Manager Kelley shared the Division’s FY 2021-22 accomplishments and discussed projects for FY 2022-23.

Police Chief Williams reviewed the proposed FY 2022-23 General Fund Budget for the Department, shared the Department’s FY 2021-22 accomplishments and discussed projects for FY 2022-23.

Public Works Director Tigbao reviewed the proposed FY 2022-23 General Fund Budget, Fleet Fund Budget, Gas Tax Budget and Road
Maintenance/Rehabilitation Budget for the Department, shared the Department’s FY 2021-22 accomplishments and discussed projects for FY 2022-23.

Water Director Schoenberger reviewed the proposed FY 2022-23 Water Enterprise Fund budget for the Department, shared the Department’s FY 2021- 22 accomplishments and discussed projects for FY 2022-23.

Finance Director Nayar provided closing comments noting the adoption of the FY 2022-23 budget would come before Council for its consideration on May 24, 2022.

Speakers: Ruscal Cayangyang, David Haldane, Jacquelyn Fonbuena, and Anne Carr.

5. ADJOURNMENT
The meeting adjourned at 8:50 p.m.
________________________________
ROBERT H. MCCONNELL, MAYOR
Special City Council Meeting Minutes
May 3, 2022
Page | 3
ATTEST:
________________________________
DAWN G. ABRAHAMSON

CITY CLERK

Special City Council Meeting Minutes
May 10, 2022
Page | 1

VALLEJO CITY COUNCIL

SPECIAL MEETING MINUTES
MAY 10, 2022

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California

1. CALL TO ORDER
The meeting was called to order at 4:30 p.m.

2. ROLL CALL

Present: Mayor McConnell, Vice Mayor Verder-Aliga (arrived at 4:36 p.m.), Councilmembers Arriola, Brown (arrived at 4:35 p.m.), Dew (arrived at 4:38 p.m.), Loera- Diaz, and Miessner

Absent: None
Staff present: City Manager Malone, City Attorney Nebb, City Clerk Abrahamson, Assistant City Managers Hayes and Davis.

The City Council convened into closed session in the Council Conference Room at 4:37 p.m.

3. CLOSED SESSION
A. Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8
Property: APN 066-050-170, 1100 Railroad Avenue, Building 46, Vallejo, CA and 1065 & 1075 Walnut Avenue, Quarters A & B, Vallejo CA City Negotiators: Mike Malone, City Manager; Gillian Hayes, Assistant City Manager; and Veronica Nebb, City Attorney
Negotiating Party: Nimitz, LLC.

Under Negotiations: Price and Terms of Lease and Transfer B. Conference with Legal Counsel - Anticipated Litigation Significant Exposure to Litigation pursuant to Government Code Section 54956.9(d)(2): One Case

4. ADJOURNMENT
The meeting adjourned at 6:00 p.m.
_______________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:

Special City Council Meeting Minutes
May 10, 2022
Page | 2
________________________________
DAWN G. ABRAHAMSON

CITY CLERK
Regular City Council Meeting Minutes
May 10, 2022
Page | 1

VALLEJO CITY COUNCIL

REGULAR MEETING MINUTES
MAY 10, 2022

COUNCIL CHAMBERS
555 Santa Clara Street, Vallejo, California

1. CALL TO ORDER
The meeting was called to order at 7:00 p.m.

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

Present: Mayor McConnell, Vice Mayor Verder-Aliga, Councilmembers Arriola, Brown, Dew, Loera-Diaz, and Miessner (arrived at 7:02 p.m.)

Absent: None
Staff present: City Manager Malone, City Attorney Nebb and City Clerk Abrahamson

4. REPORT OUT OF CLOSED SESSION
City Attorney Nebb reported Council provided direction to its real property negotiators with respect to Closed Session Item 3A and legal counsel with respect to Closed Session Item 3B.

5. PRESENTATIONS AND COMMENDATIONS
Action: Presentation was made by Mayor McConnell and Fire Chief Long.

A. CITIZEN AWARD & SPECIAL RECOGNITION TO TWO LOCAL HEROES FOR

THEIR LIFE SAVING EFFORTS

6. FIRST COMMUNITY FORUM
Speakers: Thomas Prebula,, Ryan Messano, Kimberly Nunez-Brandao, David Haldane, and Andrea Sorce.

7. PUBLIC COMMENT REGARDING CONSENT CALENDAR ITEMS
Speakers: None.

8. CONSENT CALENDAR AND APPROVAL OF AGENDA
Action: Moved by Vice Mayor Verder-Aliga and carried unanimously to adopt the Agenda as revised reordering the Action Calendar making Item 9D as the first item with all other items to follow in the order as they appeared on the Agenda, and approval of the Consent Calendar with the removal of items 8C, 8D and 8G making them items 8.1,

8.2 and 8.3 respectively.

A. APPROVAL OF MINUTES
Regular City Council Meeting Minutes
May 10, 2022
Page | 2
Recommendation: Approve minutes for the joint special meeting of the City Council and Planning Commission of April 18 and the special and regular meetings of April 26, 2022
Contact: Dawn G. Abrahamson, City Clerk (707) 648-4527
[email protected]
Action: Approved minutes.

B. WAIVE FULL READING AND AUTHORIZING INTRODUCTIONS AND/OR

ADOPTION OR ORDINANCES BY TITLE ONLY
Recommendation: Waive reading and authorize introductions and/or adoption of any and all ordinances on this Agenda, if any, by title only. This is a standard procedural action so the City Council does not have to read an ordinance in its entirety.

Contact: Dawn G. Abrahamson, City Clerk (707) 648-4527
[email protected]
Action: Waived reading and authorized introductions and/or adoption of any and all ordinances on this Agenda, if any, by title only. This is a standard procedural action so the City Council does not have to read an ordinance in its entirety.

C. ADOPT A RESOLUTION AMENDING THE FISCAL YEAR 2021-2022 CAPITAL IMPROVEMENT PROJECT BUDGET BY ALLOCATING $1,000,000 FROM THE GENERAL FUND TO THE PW9819 NORTH MARE ISLAND

BUILDING DEMOLITION PROJECT FUND
Recommendation: Adopt a Resolution to amend the FY 2021-22 Capital Improvement Project budget to allocate General Fund balance in the amount of $1,000,000 to PW9819 North Mare Island Building Demolition.

Contact: Melissa Tigbao, Public Works Director, 707-648-4085 [email protected]
Action: Item was removed from the Consent Calendar at the request of Councilmember Arriola.

Public Works Director Tigbao provided an overview of the staff report and outlined the recommendation.

Staff responded to questions from Councilmembers.

Speakers: David Haldane.

Action: Following discussion, it was moved by Vice Mayor Verder-Aliga and carried to adopt Resolution No. 22-078 N.C. (Noes – Arriola).

D. NOTICE OF INTENT TO AMEND CAPITAL IMPROVEMENT PROJECT

BUDGET FOR POLICE DEPARTMENT AND JFK LIBRARY RELOCATION

FEASIBILITY STUDY
Recommendation: Receive the Notice of Intent to amend the Capital Regular City Council Meeting Minutes
May 10, 2022
Page | 3
Improvement Project budget to allocate $500,000 from the General Fund to Project PW9818 to cover the costs of the feasibility study requested by the City Council.

Contact: Melissa Tigbao, Public Works Director, 707-648-4085 [email protected]
Action: Item was removed from the Consent Calendar.

Public Works Director Tigbao provided an overview of the staff report and outlined the recommendation.

Speakers: David Haldane and Ruscal Cayangyang.

Staff responded to questions from Councilmembers.

Action: Moved by Vice Mayor Verder-Aliga and carried to receive the Notice of Intent to amend the Capital Improvement Project budget to allocate $500,000 from the General Fund to Project PW9818 to cover the costs of the feasibility study requested by the City Council (Noes – McConnell).

E. ISSUE A PROCLAMATION RECOGNIZING MAY 2022 AS "OLDER
AMERICANS MONTH"
Recommendation: At the request of Carquinez Village, issue a proclamation recognizing May 2022 as "Older Americans Month"
Contact: Mayor McConnell
[email protected]
Action: Issue a proclamation recognizing May 2022 as "Older Americans Month.”
F. ISSUE A PROCLAMATION COMMEMORATING 45 YEARS OF THE

FLORENCE DOUGLAS CENTER
Recommendation: At the request of Center Director Peter Wilson, issue a proclamation commemorating 45 years of the Florence Douglas Center Contact: Mayor McConnell
[email protected]
Action: Issue a proclamation commemorating 45 years of the Florence Douglas Center.

G. ISSUE A PROCLAMATION DECLARING WEEK OF MAY 15 AS "NATIONAL PUBLIC WORKS APPRECIATION WEEK"
Recommendation: At the request of Public Works Director Tigbao, issue a proclamation declaring the week of May 15 as "National Public Works Appreciation Week"
Contact: Mayor McConnell
[email protected]
Action: item was removed from the Consent Calendar.

Regular City Council Meeting Minutes
May 10, 2022
Page | 4
Speaker: David Haldane.

Action: Moved by Vice Mayor Verder-Aliga and carried unanimously to issue a proclamation declaring the week of May 15 as "National Public Works Appreciation Week"
H. ISSUE A PROCLAMATION RECOGNIZING NATIONAL NURSES MONTH - MAY 2022
Recommendation: At the request of Kaiser Permanente Napa-Solano Public Affairs Director Shiyama Clunie, issue a proclamation recognizing National Nurses Month - May 2022
Contact: Mayor McConnell
[email protected]
Action: Issue a proclamation declaring National Nurses Month – May 2022.

9. ACTION CALENDAR
Items on the Action Calendar were taken out of order with Action Item 9D being the first item and all other items following in the order as they appeared on the Agenda with Item 9C as the last item. The minutes reflect the items in the order as they appeared on the Agenda.

A. ADOPT RESOLUTION APPROVING A PROFESSIONAL SERVICES
AGREEMENT WITH ECONOMIC FORENSICS AND ANALYTICS, INC. FOR DEVELOPMENT OF THE 2022 VALLEJO ECONOMIC DEVELOPMENT
STRATEGIC PLAN IN AN AMOUNT NOT TO EXCEED $245,000 AND
ALLOCATING $155,000 TO IMPLEMENT THE PROJECTS RECOMMENDED

BY THE PLAN
Recommendation: Adopt a resolution authorizing the city manager to execute a professional services agreement with Economics, Forensics & Analytics, Inc. (EFA) for development of the Economic Development Strategic Plan in an amount not to exceed $245,000 and allocate $155,000 to implement the projects recommended by the plan.

Contact: Emi Thériault, Economic Development Program Manager (707) 649- 5454
[email protected]
Paul Kelley, Special Advisor to City Manager - Economic Development Manager (7070 648-4109
[email protected]
Gillian Hayes, Assistant City Manager (707) 648-4163
[email protected]
Special Advisor to City Manager-Economic Development Manager Kelly and Economic Development Program Manager Thériault outlined the recommendation, provided an overview of the background and project summary and discussed the schedule and budget. Dr. Eyler (President, Economics Forensics and Analytics) presented Vallejo as a City economy, provided context and forecast information and discussed the approach to developing a strategic Regular City Council Meeting Minutes
May 10, 2022
Page | 5
plan for Vallejo including tools for accountability and momentum, community outreach, social equity/inclusiveness, focusing on community ascension and concluding with a visual roadmap illustration.

Speakers: Andrea Sorce, Chris Platzer and David Haldane.

Staff and Dr. Eyler responded to questions from Councilmembers.

Councilmembers provided comment.

Action: Moved by Vice Mayor Verder-Aliga and carried to adopt Resolution No. 22-079 N.C. (Noes – Arriola and Loera-Diaz).

B. INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING CHAPTER 12.28 OF THE VALLEJO MUNICIPAL CODE RELATING TO

FIREWORKS
Recommendation: Introduction and First Reading of an Ordinance Amending Vallejo Municipal Code by Repealing and Replacing Chapter 12.28 Relating to Fireworks.

Contact: Vincent Sproete, Fire Prevention Manager (707) 648-4566 [email protected]
Fire Chief Long discuss the purpose to repeal and replace Chapter 12.28, provided background information and discussed the proposed changes including clarifying permit requirements, violations and fines.

Speakers: David Haldane.

Councilmembers provided comment.

Action: Moved by Vice Mayor Verder-Aliga and carried unanimously to introduce and hold first reading of an Ordinance Amending Vallejo Municipal Code by Repealing and Replacing Chapter 12.28 Relating to Fireworks.

C. PUBLIC HEARING OF APPEAL OF PLANNING COMMISSION DENIAL OF

REQUEST TO MODIFY CONDITIONS OF APPROVAL OF MAJOR USE
PERMIT #20-0008 AUTHORIZING V-TOWN FARMS TO OPERATE A RETAIL CANNABIS BUSINESS LOCATED AT 5184 SONOMA BOULEVARD, SUITE 300
Recommendation: Conduct the public hearing and adopt a Resolution denying Appeal (APP) #22-0001, and uphold the Planning Commission denial of a request to amend Major Use Permit (UP) #20-0008 for V-Town Farms at 5184 Sonoma Boulevard, Suite 300.

Contact: Christina Ratcliffe, AICP, Planning and Development Services Director [email protected]
Councilmember Brown recused himself due to a Conflict of Interest related to a financial interest as a business owner of a collective in town and left the dais Regular City Council Meeting Minutes
May 10, 2022
Page | 6
and Council Chamber and was excused for the remainder of the meeting.

Planning & Development Services Director Ratcliffe provided an overview of the purpose of the item, discussed the project history and setting, reviewed V-Town Farms operation, outlined the existing conditions and requested proposed amendments, including transparency and community benefit, summarized the Planning Commission hearing and decision, addressed staff responses to Appellant’s claims, outlined the public notification and written communications process, and concluded with staff’s recommendation.

Mayor McConnell opened the public hearing. Councilmembers disclosed receiving written communication from the Appellant/Applicant.

Charles Wesley (Appellant/Applicant) provided a business update and addressed the 60% transparency and the $600K donation requirements.

Staff addressed comments made by the Appellant/Applicant.

Staff and the Appellant/Applicant responded to questions from Councilmembers.

Speakers: David Haldane, Kimberly Nunez-Brandao, Mishel Deniz Adolph, Garrett Toles, Lawrence Ornelas, Sandy Wesley, Rhonda Chadwick, Kenneth P., and Anne Carr.

There being no further speakers, Mayor McConnell closed the public hearing.

An additional question and answer period followed. Councilmembers provided comment.

Action: Straw vote requested by Councilmember Loera-Diaz that Council is in agreement with $300,000 flat fee for the 1st year (July 30, 2021 – July 29, 2022) and will address further adjustments when the matter returns to the Council on September 20, 2022 (Abstain Due to Conflict of Interest – Brown).

Moved by Mayor McConnell and carried unanimously by Councilmembers present to continue the matter to a special Council meeting scheduled for September 20, 2022 for further discussion (Abstain Due to Conflict of Interest – Brown).

D. INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING CHAPTER 7.68 OF THE VALLEJO MUNICIPAL CODE RELATED TO THE

PROHIBITION OF SMOKING
Recommendation: Introduce an ordinance amending Chapter 7.68 of the Vallejo Municipal Code, Regulation of Smoking in Public Places and Work Places, to prohibit smoking in and around multi-unit residences and other publically accessible places and to update outdated provisions of the Chapter to conform with State law.

Regular City Council Meeting Minutes
May 10, 2022
Page | 7
Contact: Veronica Nebb, City Attorney (707) 648-4545
[email protected]
Mayor McConnell recused himself due to a Conflict of Interest due to a business relationship with a business that would be impacted by this item and left the dais and the Council Chamber. Vice Mayor Verder-Aliga resumed residing over the meeting.

Councilmember Brown recused himself due to a Conflict of Interest – Economic matter.

City Attorney Nebb noted this item was continued from the Council’s April 26 meeting and summarized the staff report and recommendation.

Speakers: Joseph Hayden, Brian Davis, Calyn Kelley, Jimmy Ancira, David Haldane, Decontee Moses, Kristen Vinluan, Maricruz Octaviano, Genesis Miguel, Heidi Wohlwend, Annabelle Salvatierra, Kelley Farias, Ruscal Cayangyang, Tino Ratliff, Rhonda Chadwick, Sarah Armstrong, Teresa, Tracy Nachand, Vinita Verma, Tony Bowles, Amaya Wooding, Sam Houston, and Liz Williams.

Staff responded to questions from Councilmembers. Councilmembers provided comment.

Action: Moved by Councilmember Miessner and carried unanimously by Councilmembers present to introduce an ordinance amending Chapter 7.68 of the Vallejo Municipal Code, Regulation of Smoking in Public Places and Work Places, to prohibit smoking in and around multi-unit residences and other publically accessible places and to update outdated provisions of the Chapter to conform with State law as amended to add the following language to Section

7.68.020 (Q): “Private smokers lounge – means any enclosed area in or attached to a retail tobacco shop or licensed retail cannabis business that is dedicated to the use of tobacco products or cannabis, including, but not limited to, cigars and pipes.” (Abstain Due to Conflicts of Interests – McConnell and Brown).

The meeting recessed at 9:24 p.m. and reconvened at 9:34 p.m.

Mayor McConnell and Councilmember Brown resumed their seats at the dais.

Action Calendar Items 9A through 9C were taken up.

10. INFORMATION CALENDAR
A. QUARTERLY COUNCIL UPDATE FROM THE PLANNING AND

DEVELOPMENT SERVICCES DEPARTMENT AND THE ECONOMIC

DEVELOPMENT DIVISION
Recommendation: Item is for informational purpose only and no action is required. There is no staff report associated with this item.

Regular City Council Meeting Minutes
May 10, 2022
Page | 8
Contact: Christina Ratcliffe, Planning & Development Services Manager (707) 648-4326
[email protected]
Paul Kelley, Special Advisory to City Manager/Economic Development Director (707) 649-5452
[email protected]
Action: item was continued to a future meeting.

11. CITY MANAGER’S REPORT – None.

12. CITY ATTORNEY’S REPORT – None.

13. COMMUNITY FORUM
Speakers: Kenneth P. and Rhonda Chadwick.

14. REPORT OF THE PRESIDING OFFICER AND MEMBERS OF THE CITY COUNCIL Councilmembers reported on various community events and meetings attended.

15. ADJOURNMENT
The meeting adjourned at 12:59 a.m.
_______________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
________________________________
DAWN G. ABRAHAMSON

CITY CLERK

V-Town Farms TCO Work List
Updated August 26, 2022
Complete
Item Who is
Handling
Condion Acons Status
INT - Odor Control
See Use Permit wording
below.

Chuck Can smell cannabis just outside the
entrance.

So, the current condion meets the Use
Permit requirement. See below.

Complete
INT - Customer Path of
Travel
Mike Need to ensure for the Final Inspecon
that…
a. There is a 4 foot wide path of travel
from the sidewalk on Broadway to
the store entrance.
b. The ADA path of travel is marked in
the parking lot.
c. There are no drops or risers in the
ADA path of travel.
a. Ensure tenant tables
and planters are not
obstrucng.
b. Paint ADA paths of
travel on the parking
lot in two locaons.
c. Add “dome” material
to the two cleanout
lids at the entrance.

Complete
Do a final walk the day of
the Final Inspecon before
the inspecon.

INT - Path of Travel to the
Trash Bins
Chuck Door to the Trash bin area needs to swing
IN.

Get a contractor to install
a door that swings IN.

Complete
Aguilar Handyman
Services 707-373-7783
INT - Path of Travel at
Sushi Grille
Chuck There is not a 4 foot path to the east of
the Sushi Grille door.

Clean out the area in the
path of travel and pour
concrete there.

Complete
Aguilar Handyman
Services 707-373-7783
INT - Path of Travel at Antonio The door stop needs to be removed from Remove the door stop Complete Item Who is
Handling
Condion Acons Status
Distro Door the door. from the door.

Use a brick or other
means to hold the door
open.

INT - Unauthorized
Parking signs
Mike Missing. Must mount at each handicap
parking spot or at each entrance.

Mount a sign at each
entrance.

Complete
INT - Perimeter Wall
Extensions
SBA
Mike
The perimeter walls must be extended to
the ceiling.

Must use material that meets the fire
code. Sheetrock. Soundboard? Metal?
Get a plan from the
architect for perming.

Then get permied and
construct.

Plans have been
submied and approved.

Geng quote for work.

Work will be complete by
the end of October.

INT - Photometric of the
Parking Lot
Steve Need to produce a Photometric Plan for
the parking lot.

Produce the plan. In process.

Will be complete by the
end of September.

MEC - Install the HVAC
System
Chuck
Chess Air
Steve
Need to have Heat. AC is oponal. Have Chess Air install the equipment that has
already been purchased.
5 units are installed and
working. 4 others are
on-site and pending
installaon.

TRASH - Complete the
build.

Steve
Jim Garton
Need to add the metal to the large
enclosure per the permit.

Need to schedule the
work.

Work has begun and will
be complete by the end of
September.

TRASH - Remove the small
trash enclosure from the
Chuck
SBA
The small trash enclosure is not part of
the project or V-Town premises.

Circle it on the plan and
notate as such. Remove
Complete
Item Who is
Handling
Condion Acons Status
plan. any TI details from the
plan.

The plan is being
uploaded on 7/18.

ROOF - Check For Leaks Chuck Need to check to ensure that all leaks have been fixed.

Get roofer out there. Complete
Aguilar Handyman
Services 707-373-7783
60% - Negoate and
Complete
Chuck Need to negoate the 60%, then get
permits and complete.

Waing for the City to
assign a negoator.

Odor Control Requirement: Odor Control. A sufficient odor-absorbing venlaon and exhaust system shall be installed and operated to ensure that odor generated by the cannabis business is not detected outside of the property , anywhere on adjacent properes or public rights-of-way, or within any other separate use or unit located within the same building as the cannabis business.

INT - Permit BP-2021-0468 - Interior Tenant Improvements MEC - Mechanical (HVAC)
DEMO - Demolion - Complete
TRASH - Trash Enclosure
ROOF - Roof Repair
60% - 60% Transparency (No permit)

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