AGENDA NO. 2 REGULAR MEETING OF THE SOLVANG CITY COUNCIL COUNCIL CHAMBERS 1644 OAK STREET. December 10, :30 p.m.

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1 Last Resolution No Last Ordinance No AGENDA NO. 2 REGULAR MEETING OF THE SOLVANG CITY COUNCIL COUNCIL CHAMBERS 1644 OAK STREET December 10, :30 p.m. Please be advised that, pursuant to State Law, any member of the public may address the Council concerning any item on the Agenda. Please be aware that Items on the Consent Calendar are considered to be routine and are normally enacted by one vote of the Council. If you wish to speak on Items 3, 4, 5, or 6 please do so during Public Communications. Regular City Council meetings are broadcast live on Channel 23 in the Santa Ynez Valley, and stream live on the City s website at Council PRESENTATION OF CERTIFICATE OF ELECTION AND ADMINISTERING OF OATH OF OFFICE TO MAYOR ELECT RYAN TOUSSAINT AND COUNCIL MEMBERS ELECT ROBERT CLARKE CHRIS DJERNAES, AND KAREN WAITE BY SANTA BARBARA COUNTY SUPERIOR COURT JUDGE KAY KUNS INVOCATION BY FATHER ROBERT OF OLD MISSION SANTA INES CALL TO ORDER CITY MANAGER S REPORT *** RECONVENE MEETING *** 1. PUBLIC COMMUNICATIONS WRITTEN OR VERBAL At this time, please direct comments to the City Council regarding Consent Calendar Items or matters NOT on the agenda but within the jurisdiction of the Council. (Speakers are limited to five (5) minutes). 2. COUNCIL COMMENTS AND REQUESTS Comments and requests from City Council Members. No action will be taken at this meeting. Council Members may wish to take this opportunity to comment as to their goals for the upcoming year. 3. COUNCIL CORRESPONDENCE

2 SOLVANG CITY COUNCIL AGENDA NO. 2 MEETING OF DECEMBER 10, 2018 Page 2 of 2 4. CONSENT AGENDA a. Approval of Agenda as Presented b. Approval of Budget Adjustment for City Council Training and Laptops Approve budget adjustment in the amount of $6,900 for City Council education and computer equipment c. Cancellation of the December 26, 2018 City Council Meeting REGULAR AGENDA 5. CITY COUNCIL REORGANIZATION Designation of Mayor Pro Tem and appointments to Council committees and agencies. 6. CITY COUNCIL VACANCY Discuss and possibly take action on procedure for filling vacant Council seat. 7. CITY COUNCIL OPPOSITION TO PROPOSED CANNABIS CULTIVATION OPERATION ON FREDENSBORG CANYON ROAD Adopt Resolution No. 18-, a Resolution of the City Council of the City of Solvang expressing its opposition to the consideration and/or approval of land use permits for a Mixed-Light Cannabis Cultivation operation located at 988 Fredensborg Canyon Road. 8. APPOINTMENTS TO BOARDS AND COMMISSIONS Discuss and make selections for appointments to Boards and Commissions. 9. MEDICAL CANNABIS REGULATORY PERMIT APPLICATION PROCESS Approve a medical dispensary application and selection process and adopt Resolution No. 18-, amending the Master Fee Schedule to include a Medical Cannabis Dispensary Application & Processing fee, Regulatory Permit issuance fee, and Regulatory Permit renewal fee. 10. HOURS OF OPERATION FOR BUSINESSES WITHIN THE CITY OF SOLVANG Provide staff direction on any ordinance changes or other restrictions desired by Council to limit the hours of operation of various businesses within the City of Solvang. 11. AGREEMENT FOR INTERIM CITY MANAGER SERVICES Approve agreement with Rick Haydon for Interim City Manager services. 12. ADVANCE CALENDAR Informational calendar only no action. 13. ADJOURNMENT Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 1644 Oak Street, Solvang, during regular business hours and on the City s website in addition, any writings relating to an open session agenda item provided to a majority of the Council that is distributed within 72 hours of the meeting, after the posting of the agenda, will be identified and available separately at City Hall and may be posted to the website. In Compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, you should contact the office of Administrative Services at or the California Relay Service. Notification 48 hours prior to the meeting would enable the City to make reasonable arrangements to ensure accessibility to this meeting.

3 CITY COUNCIL STAFF REPORT/CONSENT AGENDA TO: FROM: SOLVANG CITY COUNCIL MEMBERS Brad Vidro, City Manager MEETING DATE: December 10, 2018 DATE PREPARED: November 30, 2018 SUBJECT: BUDGET ADJUSTMENT FOR CITY COUNCIL EDUCATION & COMPUTERS I. RECOMMENDATION: Approve Budget Adjustment to increase funding for City Council education and computers. II. DISCUSSION: With the addition of new City Councilmembers there is a need to increase the budget available for training opportunities for the City Council. Historically new members attend the League of California New Mayors and Council Members Academy and also the California Joint Powers Authority Newly Elected Officials Academy. Reimbursable expenses are typically around $1,500 per session per attendee. The attached budget adjustment will increase the budget to be able to fund the new council members attendance at these valuable training academies. In accordance with the Electronic Device Policy there will also be a need to purchase new laptops for the new Council members for their use for official city business. The outgoing Councilmembers were using older I pads which will be repurposed within the City. III. ALTERNATIVES: Council could choose not to increase the budget and limit training opportunities. IV. FISCAL IMPACT: 5

4 Solvang City Council Report/Agenda Date: December 10, 2018 Subject: Budget Adjustment Council Training The training budget will be increased by $4,500 and the computer budget will be increased by $2,400. IV. ATTACHMENTS: Budget Adjustment 6

5 City of Solvang Budget Adjustment Request Dept: City Council Agenda Item MO/YR Number 12/ Revenue Adjustments Decrease/ Increase Account/ Project Name Fund Dept Prog. Object Reason for Transaction Current Budget AMOUNT Decrease Increase Revised Budget $ - $ - $ - $ - Total Revenues Increase (Decrease) $ Expense Adjustments Decrease/ Increase Account/ Project Name Fund Dept Prog. Object Reason for Transaction Current Budget AMOUNT Decrease Increase Revised Budget Increase Education New Council Member Training 10,000 4,500 14,500 Computer Equipment/ Increase Supplies New Council Laptops 0 2,400 2, $ 10,000 $ - $ 6,900 $ 16,900 Total Expense Increase (Decrease) $ 6,900 EXPLANATION: Additional funds needed for New Council Member education and laptops. Prepared By: Sandra Featherson Date 11/30/18 Admin. Services Director Approval: Date City Manager Approval: City Council Approval: Posted by: Date Date Date 7 FY Budget Adjustments.xlsx Last revised: 11/30/2018

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7 CITY COUNCIL STAFF REPORT/CONSENT AGENDA TO: FROM: SOLVANG CITY COUNCIL MEMBERS Brad Vidro, City Manager MEETING DATE: December 10, 2018 DATE PREPARED: November 28, 2018 SUBJECT: CANCELLATION OF THE SECOND CITY COUNCIL MEETING IN DECEMBER I. RECOMMENDATION: Cancellation of the December 26, 2018 City Council meeting. II. DISCUSSION: Historically the City Council has cancelled the second meeting in December due to its proximity to the Christmas Holiday. Monday December 24 and Tuesday December 25 are holidays for City staff so the second meeting would be set for Wednesday December 26. Staff does not anticipate any items needing immediate City Council action on that second meeting date in December. Staff is recommending cancellation of second meeting in December. III. ALTERNATIVES: Council could choose not to cancel this meeting. IV. FICAL IMPACT: None 9

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9 Agenda 2 - Item Number: 5 Solvang City Council STAFF REPORT PREPARED BY: Lisa S. Martin, City Clerk/Executive Assistant lisam@cityofsolvang.com MEETING DATE: December 10, 2018 SUBJECT: CITY COUNCIL REORGANIZATION RECOMMENDATION: 1. Designate Mayor Pro Tem for 2019; and 2. Seating Arrangement; and 3. Council Member Appointments to Boards, Committees, and Agencies. DISCUSSION: Council reorganization takes places every year at the first meeting in December. Selection of Mayor Pro Tem The current City Council protocols state: The first criteria for selection of the Mayor Pro Tem shall be that Council Member who has served at least one year on the Council and has not previously served as Mayor Pro Tem. If more than one Council Member has not previously served as Mayor Pro Tem, then from such Council Members, the Council Member with the greatest seniority in terms of consecutive years of service shall be selected. A Council Member shall have the right to decline the position if they so choose. If there is still more than one Council Member eligible according to seniority, the Council Member who received the highest number of votes for the most recent election of each Council Member eligible by reason of seniority shall be selected as Mayor Pro Tem. However, no Council Member shall serve more than one term as Mayor Pro Tem until all of the Council Members have served or declined to serve. The City Council is free to follow the Protocols or can choose to waive the protocols by a majority of the Council Members and choose some other method for determining the Mayor Pro Tem appointment. 11

10 Agenda Date: December 10, 2018 Page 2 Seating Arrangement The current City Council Protocols indicate that the seating arrangement is determined in the following manner: At the time of Council reorganization, the Mayor shall have the prerogative to designate the seating order for the Council dais. Otherwise, the seating order shall be alphabetical beginning to the Mayor s right, with the Mayor seated in the center position and the Mayor Pro Tem to the Mayor s immediate right. Council Representatives on Boards and Committees Another housekeeping action that occurs the first meeting of December is the designation of Council representatives to serve on various boards/committees. The list of 2017/2018 Boards and Commission members is attached. ALTERNATIVES: None. FISCAL IMPACT: None. ATTACHMENTS: 2017/2018 Boards and Committees 12

11 2017/2018 COUNCIL REPRESENTATION ON BOARDS AND COMMITTEES (Revised 10/23/17) S.B. COUNTY ASSOCIATION OF GOVERNMENTS Jim Richardson Joan Jamieson - Alternate S.B. COUNTY AIR POLLUTION CONTROL BOARD Jim Richardson Joan Jamieson - Alternate CALIFORNIA JPIA Neill Zimmerman Ryan Toussaint - Alternate MULTI-JURISDICTIONAL SOLID WASTE TASK GROUP Karen Waite JOINT WASTEWATER COMMITTEE Ryan Toussaint Joan Jamieson AD HOC FINANCE COMMITTEE Jim Richardson Ryan Toussaint AD HOC SUBCOMMITTEE SANTA YNEZ BAND OF CHUMASH INDIANS Jim Richardson Joan Jamieson INDIAN GAMING LOCAL BENEFIT COMMITTEE Joan Jamieson LEAGUE OF CALIFORNIA CITY REPRESENTATIVE Karen Waite AD HOC SUBCOMMITTEE CCWA MEMBERSHIP Neill Zimmerman Ryan Toussaint AD HOC LIBRARY SUBCOMMITTEE Ryan Toussaint Joan Jamieson 13

12 ECONOMIC DEVELOPMENT COMMITTEE Jim Richardson Ryan Toussaint PARKS & RECREATION AD HOC SUBCOMMITTEE Karen Waite Ryan Toussaint GROUNDWATER SUSTAINABILITY AGENCY REPRESENTATIVE Karen Waite Ryan Toussaint - Alternate 14

13 CITY COUNCIL STAFF REPORT TO: FROM: SOLVANG CITY COUNCIL MEMBERS Brad Vidro, City Manager MEETING DATE: December 10, 2018 DATE PREPARED: November 28, 2018 SUBJECT: CITY COUNCIL VACANCY I. RECOMMENDATION: Discussion on procedure for filling City Council vacancy. II. DISCUSSION: Councilmember Toussaint was elected as Mayor at the November 6, 2018 election. This creates a vacancy on the Solvang City Council. There are two years left on his term. The California Government Code addresses vacancies for cities in California. Government Code Section (it is attached in its entirety) provides in pertinent part as follows: If a vacancy occurs in an elective office, the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. The commencement of the vacancy is December 10, 2018 after Mayor Toussaint is sworn in to office. When the last City Council vacancy occurred, the City Council modified the adopted Protocols to remove the process that provided for the position to be offered to the runner up from the last election under certain conditions. Currently there is no written process for Solvang to use for the filling of a City Council members seat. Several options are available: 15

14 Solvang City Council Report/Agenda Date: December 10, 2018 Subject: Council Vacancy Page 2 of 5 Appoint Runner up The City Council could appoint the runner up from the recent election or one of the other candidates that ran for the position. Application Process The Council could establish a process to accept applications from the public and select a Councilmember from the applicant pool. If this option is chosen, the City Council should define the timeline for accepting applications and the process for selection. This could potentially include the requirement for applicant presentations or interviews before the City Council. Also the voting procedure for the actual selection. For example the City Council may want to consider a ranked choice voting system for the selection from multiple applicants. Special election If a special election is utilized to determine the person to fill the vacancy, in accordance with the California Government Code that person would serve out the remainder of the vacant seat s term. In this case it would be until the November 2020 election. A special election must done at the next regular election which is more than 114 days from the call for a special election. The next regular election is March 5, 2019, but that does not meet the 114 day requirement. So it would not be until the following regular election which is June 4, This would mean that there would only be four seated City Councilmembers until that election is completed and results certified, approximately six months. The City currently purchases election supplies from Martin-Chapman and they historically have offered election consulting services to municipalities, but with recent changes in legislation they are unsure if they will continue this service. If an election is required two methods would be available. The City could administer a regular ballot on its own which would involve renting voting machines, hiring polling personnel, and utilizing the County for verification of signatures. The other would be a mail in ballot which would have similar needs, excluding the voting machines but adding additional costs. Using a consultant will likely be in the $35,000-$40,000 range. If the City chose to do a mail ballot election it would be first Tuesday after the first Monday of May, which would be May 7, III. ALTERNATIVES: Any of the methods could be utilized to fill the upcoming vacancy. If not completed within the sixty day time frame a special election would be required to fill the vacancy. 16

15 Solvang City Council Report/Agenda Date: December 10, 2018 Subject: Council Vacancy Page 3 of 5 IV. FISCAL IMPACT: A special election would cost from $35,000 to $40,000. V. ATTACHMENTS: Government Code

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17 Government Code (a) If a vacancy occurs in an appointive office provided for in this chapter, the council shall fill the vacancy by appointment. A person appointed to fill a vacancy holds office for the unexpired term of the former incumbent. (b) If a vacancy occurs in an elective office provided for in this chapter, the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. (1) If the council calls a special election, the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. A person elected to fill a vacancy holds office for the unexpired term of the former incumbent. (2) If the council fills the vacancy by appointment, the person appointed to fill the vacancy shall hold office pursuant to one of the following: (A) If the vacancy occurs in the first half of a term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until the next general municipal election that is scheduled 130 or more days after the date the council is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office. (B) If the vacancy occurs in the first half of a term of office, but less than 130 days prior to the next general municipal election, or if the vacancy occurs in the second half of a term of office, the person appointed to fill the vacancy shall hold office for the unexpired term of the former incumbent. (c) Notwithstanding subdivision (b) and Section 34902, a city may enact an ordinance that does any of the following: (1) Requires that a special election be called immediately to fill every city council vacancy and the office of mayor designated pursuant to Section The ordinance shall provide that the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. (2) Requires that a special election be held to fill a city council vacancy and the office of mayor designated pursuant to Section when petitions bearing a specified number of verified signatures are filed. The ordinance shall provide that the special election shall be held on the next regularly established election date not less than 114 days from the filing of the petition. A governing body that has enacted such an ordinance may also call a special election pursuant to subdivision (b) without waiting for the filing of a petition. 19

18 (3) Provides that a person appointed to fill a vacancy on the city council holds office only until the date of a special election which shall immediately be called to fill the remainder of the term. The special election may be held on the date of the next regularly established election or regularly scheduled municipal election to be held throughout the city not less than 114 days from the call of the special election. (d) (1) Notwithstanding subdivision (b) and Section 34902, an appointment shall not be made to fill a vacancy on a city council if the appointment would result in a majority of the members serving on the council having been appointed. The vacancy shall be filled in the manner provided by this subdivision. (2) The city council may call an election to fill the vacancy, to be held on the next regularly established election date not less than 114 days after the call. (3) If the city council does not call an election pursuant to paragraph (2), the vacancy shall be filled at the next regularly established election date. (e) (1) If the city council of a city that elects city council members by or from districts elects to fill a vacancy on the city council by appointment as a result of a city council member resigning from office, the resigning city council member may cast a vote on the appointment if the resignation will go into effect upon the appointment of a successor. A city council member shall not cast a vote for a family member or any other person with whom the city council member has a relationship that may create a potential conflict of interest. (2) If a city council member elects to cast a vote under this subdivision, the city council member shall be prohibited from the following actions for a period of two years after the appointment of a successor: (A) Advocating on any measure or issue coming before the city council in which the city council member may have a personal benefit. (B) Entering into a contract of any kind with the city or a city vendor. (C) Accepting a position of employment with the city or a city vendor. (D) Applying for a permit that is subject to the approval of the city council. (3) This subdivision shall not apply to any city council member who is resigning from the city council due to charges of, or conviction for, corruption or criminal behavior, or who is subject to a recall election. 20

19 CITY COUNCIL STAFF REPORT TO: FROM: SOLVANG CITY COUNCIL MEMBERS Dave Fleishman, City Attorney MEETING DATE: December 10, 2018 DATE PREPARED: December 4, 2018 SUBJECT: CITY COUNCIL OPPOSITION TO PROPOSED CANNABIS CULTIVATIONOPERATION ON FREDENSBORG CANYON RD I. RECOMMENDATION: Adopt Resolution No. 18-, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLVANG EXPRESSING ITS OPPOSITION TO THE CONSIDERATION AND/OR APPROVAL OF LAND USE PERMITS FOR A MIXED-LIGHT CANNABIS CULTIVATION OPERATION LOCATED AT 988 FREDENSBORG CANYON ROAD II. DISCUSSION: City staff has become aware of a pending County of Santa Barbara land use permit application under application number 18LUP for a 15,648 square foot mixed-light cannabis cultivation/processing operation located at 988 Fredensborg Canyon Road immediately adjacent to the Solvang city limits. Neighbors of the proposed project site have previously communicated with the City Council regarding the anticipated impacts of such an operation, which impacts may include additional commercial vehicle traffic, potential offensive odors, substantial increase in water usage, impacts to existing City water sources, increased opportunity for criminal activity, and incompatibility of commercial and residential uses. At its November 26 meeting, Council directed staff to return to Council with a resolution expressing the Council s opposition to the proposed project. Attached is a proposed resolution setting forth the Council s opposition to the project. 21

20 Solvang City Council Report/Agenda Date: December 10, 2018 Subject: Council Opposition to Mixed-Light Cannabis Cultivation proposal Page 2 of 2 As additional information attached is the County s regulations summary for AG zones. III. ALTERNATIVES: Council could opt not to pass the resolution. IV. FISCAL IMPACT: No fiscal impact is anticipated from the adoption of the resolution. V. ATTACHMENTS: Resolution No. 18- Cannabis Cultivation Regulations Summary for AG Zones in the Inland Area Zoning map in the vicinity of 988 Fredensborg Canyon Way 22

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22 County of Santa Barbara Planning and Development Dianne M. Black, Director Steve Mason, Assistant Director CANNABIS CULTIVATION REGULATIONS SUMMARY FOR AG ZONES IN THE INLAND AREA AG-I All cultivation premises in the AG-I zone must be more than 750 feet from a lot developed with a school, day care center or youth center. OUTDOOR CULTIVATION Not allowed within 1,500 feet of a residential zone, school, day care center or youth center Not allowed on AG-I-5 or AG-I-10 zoned lots Not allowed on AG-I-20 zoned lots that are less than 20 acres Allowed on AG-I-20 zoned lots more than 20 acres and AG-I-40 zoned lots* *A Conditional Use Permit (CUP) is required if the site is within or accessed via an EDRN MIXED LIGHT CULTIVATION and INDOOR CULTIVATION Allowed on AG-I zoned lots* *A Conditional Use Permit (CUP) is required if the site is within or accessed via an EDRN NURSERY Not allowed within 600 feet of a lot developed with a school, day care center or youth center A Conditional Use Permit (CUP) is required if the site abuts or can only be accessed via an EDRN AG-II OUTDOOR CULTIVATION, MIXED LIGHT CULTIVATION and INDOOR CULTIVATION All cultivation premises must be more than 750 feet from a lot developed with a school, day care center or youth center A Conditional Use Permit (CUP) is required if the site abuts an Urban Rural Boundary A Conditional Use Permit (CUP) is required if the site abuts or can only be accessed via an EDRN NURSERY Not allowed within 600 feet of a lot developed with a school, day care center or youth center 123 E. Anapamu Street, Santa Barbara, CA Phone: (805) FAX: (805) W. Foster Road, Santa Maria, CA Phone: (805) FAX: (805)

23 RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLVANG EXPRESSING ITS OPPOSITION TO THE CONSIDERATION AND/OR APPROVAL OF LAND USE PERMITS FOR A MIXED-LIGHT CANNABIS CULTIVATION OPERATION LOCATED AT 988 FREDENSBORG CANYON ROAD WHEREAS, the City Council has become aware of a pending County of Santa Barbara land use permit application under application number 18LUP for a 15,648 square foot mixed-light cannabis cultivation/processing operation located at 988 Fredensborg Canyon Road immediately adjacent to the Solvang city limits; and WHEREAS, the City Council is deeply concerned about the potentially negative impacts to an existing rural residential neighborhood served by a single arterial road, Fredensborg Canyon Road, which impacts include additional commercial vehicle traffic, potential offensive odors, substantial increase in water usage, impacts to existing City water sources, increased opportunity for criminal activity, and incompatibility of commercial and residential uses; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Solvang opposes the consideration and/or approval of any land use permits for a mixed-light cannabis cultivation operation located at 988 Fredensborg Canyon Road. BE IT FURTHER RESOLVED that the City Clerk is directed to forward a copy of this resolution to appropriate staff members at the County of Santa Barbara to be included as part of the application process for application number 18LUP PASSED AND ADOPTED by the City Council of the City of Solvang on this the 10 th day of December, 2018, by the following vote: AYES: NOS: ABSTAIN: ABSENT: ATTEST: Ryan Toussaint, Mayor By: Lisa Martin, City Clerk 1 25

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25 CITY COUNCIL STAFF REPORT TO: FROM: SOLVANG CITY COUNCIL MEMBERS Lisa S. Martin, City Clerk/Executive Assistant MEETING DATE: December 10, 2018 DATE PREPARED: November 28, 2018 SUBJECT: APPOINTMENTS TO BOARDS AND COMMISSIONS I. RECOMMENDATION: Discuss and make selections for appointments to Boards and Commissions. II. DISCUSSION: Terms for members of the City s Planning Commission and Board of Architectural Review expire at the end of the calendar year. Historically, new appointments are made at the first City Council meeting in December to allow members to be ready to serve in January. Staff has contacted the current serving members of the Boards and Commissions as to their interest in continuing for another term. New applications are not required for existing Board and Commission members requesting to serve new terms however, several have submitted applications. Planning Commission Five (5) Planning Commissioners are appointed individually by a Council Member and are ratified by the entire Council. Existing Council Members were encouraged to contact existing Planning Commissioners to discuss potential reappointment. Existing Planning Commissioners are: Aaron Petersen Gay Infanti Robert Clarke Daniel Johnson Jack Williams 27

26 With Ryan Toussaint s Mayoral election and Robert Clarke s election to the City Council, and Commissioners Infanti, Johnson, and Williams City Council appointors vacating their Council seats, all five seats on the Planning Commission will be vacant. It is staff s understanding that Council Member Clarke would like to nominate Justin Rodriguez. Mr. Rodriguez did complete and submit an application, which is attached. Gay Infanti, Aaron Petersen, Jack Williams, and Daniel Johnson have all expressed a desire to serve another term on the Planning Commission. Their applications are also attached. Each City Council Member should appoint an individual to serve, or the Council could choose to first accept applications for consideration. Board of Architectural Review Consider re-appointing the current members, all of whom have indicated that they wish to serve another term. Existing members are: Melissa DeLeon Mark Infanti Elsemarie Petersen Patrick Cavanaugh Susan Williams New applications are not required of board members wishing to serve another term however, Mark Infanti has submitted an application and it is attached. Parks and Recreation Commission The Parks & Recreation Commission was placed on Hiatus by the Council on October 23, III. ALTERNATIVES: The City Council could allow the current Planning Commissioners and Board of Architectural Review members to stay in place and advertise for new applicants until there is a full five member Council. IV. FISCAL IMPACT: None. V. ATTACHMENTS: 28

27 of SOl lifor 9 APPLICATION FOR CITY OF SOLVANG COMMISSION, BOARD OR COMMITTEE RECEIVED NOV 1 l 2018 CITY OF ROLVANG Please return to: City Clerk 1644 Oak Street Solvang, Ca Applying for ( Use specific title) 2. Today' s date: K OVIA vl", 5510v\ 1 / Z-6 001` 3. Name: 4. Telephone: Home: cy, 1636 IZOcZ z Ju, l-, p/, Business (, 5-32 Z Last First Middle Cell: rja< u C (, 0, 5. Address: 6. Occupation: Number City I vaii 1i Street q3463 Zip Code 7. Availability for meetings: ( Please check) Any Days timex Only Evenings Only Any combination- Explain5 p%, L- L. to. r ( I AVLu( GtL, 1 8. Additional information: ( Give any information explaining your qualifications, experience, education, volunteer activities, organization training, community memberships, or personal interests which bear on your application ( Attach additional sheets as necessary. i x^ 01 C, CIS I or 0 Q/ rao O.A. G- 19 ( Af-k1 rot, spa e, T Iod1` ga,,&a CIAs<, t 11% P( An# I," 011d- Lf r69a ef, Qn i, L a 1 t t L-' 014C,./ I- C4 4411, 106ROIIJ 6114, ignature of App scant 29

28 Justin Rodriguez 1217 Olesen Drive, Solvang, CA ) com 11/ 26/ 2018 City Clerk City of Solvang 1644 Oak Street Solvang, CA Dear City Clerk, My name is Justin Rodriguez and I have been a resident of the City of Solvang for over three years. My wife and I moved from Santa Barbara to the beautiful Skytt Mesa neighborhood in It has been a joy and blessing to call Solvang home for these last few years as we raise our new family. I am the proud father of two daughters, one who is 4 years old and the second who is 2 years old, currently attending Presbyterian pre-school. I grew up in Santa Barbara and graduated from Dos Pueblos High School. From there I went on to study at California State University, Long Beach where I graduated with a Bachelor of Arts in Geography. During my geography studies at CSU, Long Beach I took classes in urban planning and development, watershed management and climatology among other topics. I also served as the president of the Surf Club for two years during my tenure at CSU, Long Beach. After graduating from university, I began working for my family asphalt paving business in Santa Barbara. I stayed with my family' s business for 10 years until my father retired and in 2017 began a new asphalt paving business here in the Santa Ynez Valley called Central Coast Paving, Inc. I hold a C- 12 paving contractors license with the Sate of California. The asphalt paving business has given me vast experience with building development, current laws, codes and regulations for the State of California, its cities and agencies and with Americans with Disabilities Act with regards to parking lot, sidewalk and driveway improvements. Thank you for your consideration. Sincerely, Justin Rodriguez 30

29 r RECEIVED NOV CITY OF SOLVANG APPLICATION FOR CITY OF SOLVANG COMMISSION, BOARD OR COMMITTEE Please return to: City Clerk 1644 Oak Street Solvang, Ca Applying for( Use specific title) 2. Today' s date: Planning Commissioner / 24/ Name: 4. Telephone: Home:( 805) Infanti, Gay M. Business: Last First Middle Cell:( 714) ginfanti@comcast. net 5. Address: 6. Occupation: 920 Nysted Drive Retired Number Street Solvang, CA City Zip Code 7. Availability for meetings: ( Please check) Any time X Days Only Evenings Only Any combination Explain 8. Additional information: ( Give any information explaining your qualifications, experience, education, volunteer activities, training, community organization memberships, or personal interests which bear on your application ( Attach additional sheets as necessary.) Solvang Planning Commissioner 2015 through 2018 Please see also the attached page for additional information. Sign re of Applicant 31

30 Planning Commission Application Attachment for Item # 8 Gay Infanti My relevant experience includes working, as both a private citizen and a board member of the Bolsa Chica Land Trust ( BCLT), with the Huntington Beach ( HB) Planning Commission and HB City Council on a number of efforts. I spoke before both several times concerning the issuance of conditional use permits CUP) for local development projects and changes to the Huntington Beach zoning code. I am familiar with the CECIA process. On behalf of the BCLT I updated a Mitigated Negative Declaration, to incorporate public comments, in order to obtain a CUP for restoration of the Lower Mesa of the Bolsa Chica Ecological Reserve located within Huntington Beach. I also worked with the California Coastal Commission ( CCC), the CA Wildlife Conservation Board, and the CA Dept. of Fish and Wildlife on this project. In addition, I spoke before the CCC and HB City Council concerning developments proposed for land adjacent to protected coastal wetlands. I also worked with neighborhood groups to prevent construction of cell towers within low- density R- 1 neighborhoods and within ecological buffer zones required by the HB Local Coastal Program. Just as my husband and I began house- hunting in Solvang, I received a call from Huntington Beach City Council Member, Joe Shaw, asking me to accept appointment to the Huntington Beach Planning Commission. ( HB Planning Commissioners were each appointed by an elected City Council Member). Regretfully, I turned down the appointment because of our pending move to Solvang, which occurred within the next three months. I am a life- long resident of California and a graduate of UCLA. My professional experience includes employment at Dean Witter& Co., in San Francisco, and at Nichols Institute, as Controller, and I subsequently retired after a 30- year career with Northrop Grumman. Initially, I was employed by Logicon Inc., a $ 113 company, in various capacities leading to my appointment as VP of Finance and Administration for the Logicon Information Technology Group. After Northrop' s acquisition of Logicon, during the subsequent 15 years, I worked as VP of Business Operations for the Logicon Advanced Technology Division, and subsequently as Director of Contracts and Pricing for the Northrop Grumman IT Sector. During my final four years at the Northrop Grumman Corporate Office, I served as Deputy Director of Cost Estimating, Pricing and Program Control. In addition to finance, contracting, estimating, MIS and human resources, I had significant responsibility for program management policy and process, including project planning, scheduling and cost estimating, as well as project risk management and mitigation. I served on the Board of the Program Management Systems Committee of the National Defense Industrial Association for over 10 years, working with federal government policy- makers to develop and write program management guidance for industry and government for use in managing major projects for the Dept. of Defense and Civilian Agencies. I was also a frequent speaker and served on the faculty of the Project Management Institute' s ( PMI) College of Performance Management. I am currently serving as a Solvang Planning Commissioner ( ). 1 am a volunteer at the UC Sedgwick Reserve, and recently received my CA Naturalist certification from the University of California Naturalist Program. I will be joining the Board of the Elverhoj Museum in January and currently volunteer there as a Docent, as well as, working on cataloging the museum' s collection. I am also a supporting member of the SYV Natural History Society, the SYV Historical Society, and the Wildling Museum. 32

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32 SOL DEC IFOR APPLICATION FOR CITY OF SOLVANG COMMISSION, BOARD OR COMMITTEE Please return to: City Clerk 1644 Oak Street Solvang, Ca Applying for( Use specific title) 2. Today' s date: Planning Commissioner 12/4/ Name: 4. Telephone: Williams Jack T Home: Last First Middle Business: NA Cell: Jack@wanderingdogwinebar. com 5. Address: 6. Occupation: 1951 Viborg Rd local business owner Number Street Solvang City Zip Code 7. Availability for meetings: ( Please check) Any time_ X Days Only Evenings Only Any combination Explain 8. Additional information: ( Give any information explaining your qualifications, experience, training, education, volunteer activities, community organization memberships, or personal interests which bear on your application ( Attach additional sheets as necessary.) 33 years in SY Valley including 18 years as a resident of Solvang, Planning Commissioner since 2013, Board member and Treasurer of Solvang Chamber of Commerce, 30 years management experience with NASA, Hughes& Raytheon, 12 years in various capacities with County of SB including 6 years as County Facilities Manager, Owner of Wandering Dog Wine Bar since 2007, Member of Viking Charities 34

33 of.. So U n IFOR I believe Solvang has a unique place in the Tourist industry and would like to be a part of the planning process that will build on that foundation as the City continues to grow and diversify. t ignature of Applicant 35

34 4 Sol LIFOR RECEIVED DEC CITY OF SOWNG APPLICATION FOR CITY OF SOLUANG COMMISSION, BOARD OR COMMITTEE Please return to: City Clerk 1644 Oak Street Solvang, Ca Applying for( Use specific title) 2. Today' s date: 3. Name: 4. Telephone: Home: p- 0 S-- D A" A/ /\ Business: Last First Middle Cell: A4 5. Address: 6. Occupation: t// csz f9 - W/ _ 7-0f' 7 G2 SES 9 / 1'1, V/ c,. c oe) 8/ j Number Street So z,l/ oti G c v, 93 City Zip Code 7. Availability for eetings: ( Please check) Any time Days Only Evenings Only Any combination- Explain 8. Additional information: ( Give any information explaining your qualifications, experience, education, volunteer activities, training, community organization memberships, or personal interests which bear on your application ( Attach additional sheets as necessary.) TTo i y- 36

35 0 Soli U IFOR Signature of Applicant 37

36 Please return to: City Clerk 1644 Oak Street Solvang, Ca APPLICATION FOR CITY OF SOLVANG COMMISSION, BOARD OR COMMITTEE 1. Applying for (Use specific title) 2. Today s date: Board of Architectural Review Dec 4, Name: 4. Telephone: Home: Infanti, Mark Lewis_ Business: N/A Last First Middle Cell: _minfanti@verizon.net 5. Address: 6. Occupation: 920 Nysted DR Number Street Solvang 93463_ City Zip Code Retired Management Consultant 7. Availability for meetings: (Please check) Any time X Days Only Evenings Only Any combination Explain 8. Additional information: (Give any information explaining your qualifications, experience, training, education, volunteer activities, community organization memberships, or personal interests which bear on your application (Attach additional sheets as necessary.) I have been on the BAR since This gives me 4 years of experience in this role. I studied Architecture and was a draftsman for an architectural firm in my first couple of years of college. Consequently, I can read architectural drawings. I am a UCSB certified California Naturalist, which provides me with knowledge of native and drought tolerant plants. This allows me to make knowledgeable decisions about landscaping. I see that as the role of the BAR, to keep Solvang Hygge (hue-ga) which in Danish means comfortable. This means walking a line between granting businesses requests and maintaining Solvang s historic Danish character. Signature of Applicant 38

37 CITY COUNCIL STAFF REPORT TO: FROM: SOLVANG CITY COUNCIL MEMBERS Lisa S. Martin, City Clerk/Executive Assistant MEETING DATE: December 10, 2018 DATE PREPARED: December 01, 2018 SUBJECT: MEDICAL CANNABIS DISPENSARY PRE-APPLICATION PROCESS I. RECOMMENDATION: Approve a medical dispensary pre-application and selection process, and adopt Resolution No. 18- amending the Master Fee Schedule to include a Medical Cannabis Dispensary Application & Processing fee and an Annual Regulatory Permit issuance fee. II. DISCUSSION On August 27, 2018, the City Council adopted Ordinance No to comprehensively regulate cannabis within the City of Solvang and establishing the allowance of medical cannabis dispensaries within the C-3 zone and to allow other commercial medical cannabis uses in the same location and associated with the dispensary, such as manufacture, production, testing and distribution. The ordinance became effective on September 27, On October 22, 2018, the City Council adopted Resolution No allowing one (1) Medical Cannabis Dispensary in the city and directed staff to return with specifics of the application and selection process. Staff has consulted with other agencies, the City Attorney, and the consulting firm HdL to develop the proposed application qualification and selection process. 39

38 Solvang City Council Report/Agenda Date: December 10, 2018 Subject: Medical Cannabis Dispensary Pre-Application Process Page 2 of 4 In order to operate a commercial medical cannabis business, all applicants will be required to obtain a Regulatory Permit approved by the City Council that would establish the medical cannabis retailer and types of uses allowed with the permit and to assure that all regulatory requirements are met before the applicant could begin operating the business. In addition, the selected business would be required to obtain a Land Use Clearance from the Planning Department, a Tenant Improvement building permit for alterations to the building and/or suite to meet requirements of the California Building and Fire Codes, a Business Certificate, and obtain a State license for all proposed cannabis uses within one year of issuance of the regulatory permit from the City of Solvang. Dispensary Pre-Application Process In anticipation of high demand for the dispensary, staff has prepared criteria to qualify eligible applicants for the regulatory permit. The purpose of the qualification process is to review the applications for completeness, compliance with regulations, and satisfaction of benchmarks to increase the probability of having a responsible and successful operation. A three-phase process is proposed. Phase 1: Preliminary Determination of Eligibility. The purpose of this phase is to determine whether the application is complete (Initial Review) and that the applicants have passed the Live Scan and background check and there is no good cause for disqualification. Applicants that do not pass this phase would be disqualified. Phase 2: Application Review and Qualification. The purpose of this phase is to have the Cannabis Application Review Committee comprehensively review the plans and documentation submitted with the application, interview the applicants, if necessary, and ensure that appropriate application benchmarks are met. This step will result in a qualified pool of applicants. Phase 3: Approval of Qualified Applicants and Selection of Permittee. The purpose of this phase is for staff to present the final list of qualified applicants to the City Council and for the Council to select by lottery method the recipient of the regulatory permit from the pool of qualified applicants. A complete application will include an Operations Plan, Business Plan, Site and Floor Plans of the proposed dispensary, Security Plan, Quality Control Plan, Inventory Control Plan, Odor Management Plan, Waste Management Plan, Resumes of all principals and operators including experience and qualifications relating to medical cannabis, and Demonstration of Local Enterprise detailing the extent to which the dispensary will be a locally managed and sourced enterprise. 40

39 Solvang City Council Report/Agenda Date: December 10, 2018 Subject: Medical Cannabis Dispensary Pre-Application Process Page 3 of 4 Satisfaction of Benchmark Criteria will be required for the following sections of the application: 1) Security Plan, 2) Medical Cannabis Experience and Qualifications, and 3) Demonstration of Local Enterprise. Specific benchmark criterion are: 1) Meet or exceed 80% of the State requirements for security measures; 2) Prove 85% or more of employees reside in Solvang or Santa Barbara County, 50% or more of third-party contractors/vendors utilized are located in Solvang/Santa Barbara County, and 50% of cannabis product, goods, and supplies are purchased from Solvang or Santa Barbara County businesses; 3) An applicant must include in their application a description of any and all experience and qualifications in developing and implementing a medical cannabis business which meets or exceeds one of the following criteria: a. Has engaged in a medical cannabis business as an owner, manager, or supervisor of a lawful medical cannabis dispensary or cooperative within the last five years verified with permits, licenses, or other written forms of permission for such activity by a local or state government entity. b. At least one of the applicants has one of the following types of experience: A minimum of twelve consecutive months within the previous five years as a manager with managerial oversight or direct engagement in the day to day operation of a lawful commercial cannabis business must be of a type substantially similar to that allowed by the Solvang Regulatory Permit for which the applicant is applying. The Preliminary Determination of Eligibility phase (Phase 1) will be completed by the City Clerk/Executive Assistant and the Solvang Chief of Police. The Review and Qualification phase (Phase 2) will be performed by the Cannabis Application Review Committee, which will consist of the City Manager, the City Clerk/Executive Assistant, the Planning & Economic Development Director, and the Solvang Chief of Police (Lieutenant Sheriff). It should be noted that the City Attorney has purposefully been left off of the committee as he needs to remain separate from the application review process in the event of an appeal. The Selection process will be completed by the City Council. Staff would recommend that the method of lottery selection consist of all applicants being preassigned a number, the numbers being placed in a container, and the Mayor drawing a number from the container. The number on the paper would coincide with the name of an applicant, to which the Regulatory Permit would be offered. That applicant would then be free to submit for Land Use and Building permits, and to finalize their State license(s). 41

40 Solvang City Council Report/Agenda Date: December 10, 2018 Subject: Medical Cannabis Dispensary Pre-Application Process Page 4 of 4 Applicants will be subject to annual financial audits to ensure compliance with City of Solvang tax and municipal codes. Staff is recommending a five-week timeframe for acceptance of applications. The application period would run from January 21, 2019 to 5:00 p.m. on February 22, An announcement and all applications and submittal requirements would be posted on the City website by January 2, The Cost Recovery analysis performed by HdL Consultants has determined Cannabis application and permit fees should be: Application & Processing fee: $ 5, Annual Regulatory Permit fee: $10, ALTERNATIVES: The City Council could revise the application, pre-qualification, or selection process, or the members of the Cannabis Application Review Committee as they see fit. III. FISCAL IMPACT: A positive impact may derive from passage of the taxation initiative at the November election, however, permit processing fees by Constitution and by State Law may recover actual costs but may not profit the general fund itself. Fiscal impact is therefore neutral. IV. ATTACHMENTS: A. Medical Cannabis Retailer Application Process B. Medical Cannabis Permit Application C. Owner/Operator/Employee Background Application D. Medical Cannabis Permit Submittal Checklist E. Medical Cannabis Fee Recovery Spreadsheet 42

41 Exhibit A Medical Cannabis Retailer (Dispensary) Application Process APPLICATION REQUIREMENTS Applicants must submit two (2) copies of the complete Medical Cannabis Permit Application and all items on the Submittal Checklist in a binder under numerated tabs that correlate to the item numbers on the checklist, and one (1) flash drive containing a pdf format version of the complete application, during the application period running from Monday, January 21, 2019 through 5:00 p.m. on Friday, February 22, A complete application will consist of the following: Medical Cannabis Permit Application form; City Indemnification form; Owner/Operator/Employee Background Application form; Application & Processing fee of $5,240.00; All Submittal Requirements on Medical Cannabis Permit Submittal Checklist. Applicants will not be allowed to make amendments to their application or to supplement their application once submitted. EVALUATION AND QUALIFICATION PROCEDURES The evaluation and qualification process shall consist of the following three phases: Phase 1: Preliminary Determination of Eligibility The purpose of this phase is to determine that a complete application with all the required information has been submitted, and the applicant(s) have passed the Live Scan and background check and there is no good cause for denial of the permit as defined in Municipal Code Section Applicants that do not pass this phase will be disqualified. This application intake and preliminary review phase will be performed by the City Clerk. Phase 2: Application Review and Qualification Process The purpose of this phase is to have a Cannabis Application Review Committee comprehensively review the applications, interview the applicants, and ensure that appropriate application benchmarks are met. Submittal Items 8 (Security Plan), 12 (Demonstration of Local Enterprise), and 14 (Medical Cannabis Experience and Qualifications) will require a minimum benchmark to be considered qualified. Those benchmarks are quantified below: 1) Meet or exceed 80% of the State requirements for security measures; 43

42 2) Prove 75% or more of employees reside in Solvang/Santa Barbara County, 50% or more of third-party contractors/vendors utilized are located in Solvang/Santa Barbara County, and 50% of cannabis product, goods, and supplies are purchased from Solvang/Santa Barbara County businesses; 3) An applicant must include in their application a description of any and all experience and qualifications in developing and implementing a medical cannabis business which meets or exceeds one of the following criteria: a. Has engaged in a medical cannabis business as an owner, manager, or supervisor of a lawful medical cannabis dispensary or cooperative within the last five years verified with permits, licenses, or other written forms of permission for such activity by a local or state government entity. b. At least one of the applicants has one of the following types of experience: A minimum of twelve consecutive months within the previous five years as a manager with managerial oversight or direct engagement in the day to day operation of a lawful commercial cannabis business must be of a type substantially similar to that allowed by the Solvang Regulatory Permit for which the applicant is applying. This review and qualification phase will be performed by a committee consisting of the City Manager, the City Clerk, the Planning Director, and the Sheriff. Phase 3: City Council Approval of Qualified Applicants and Selection of Regulatory Permit Recipient The purpose of this phase is to have the City Manager present the list of final qualified applicants to the Council for approval. The City Council will select by lottery method the recipient of the Regulatory Permit from the pool of qualified applicants. LAND USE CLEARANCE AND STATE LICENSE PROCEDURES The applicant selected to receive the Regulatory Permit may proceed to submit a Land Use Clearance or Development Plan application to the Planning Department. A Building Permit Application for Tenant Improvement must also be submitted for the required construction permit. Please note that being selected to receive the Regulatory Permit does not constitute approval of the Land Use or other Development permit and does not waive or remove the requirements of applying for and receiving construction permits prior to any tenant improvements being made within the building or lease space. It also does not guarantee that the preliminary plans submitted for the dispensary application process meet the standards or requirements of the City s building code ordinance or the California Building Code. If the selected applicant does not file for the appropriate Planning permit within sixty (60) days of Council approval, the applicant will be disqualified and removed from the Qualified Applicant list. 44

43 Applicant shall apply for all appropriate State licenses within ninety (90) days and shall demonstrate reasonable progress in obtaining those licenses. Should the applicant not be able to obtain the appropriate licenses within 180 days for any reason it may be just cause for disqualification for a permit unless the deadline is extended by the City Manager. 45

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45 City of Solvang Administration Division MEDICAL CANNABIS PERMIT APPLICATION 1644 Oak Street * Solvang, CA * Phone (805) * Please complete this application form and submit with all required submittal information. If you have any questions regarding the project information required to be submitted with this application, please contact the City Clerk at (805) FOR STAFF USE ONLY Date Application Submitted: Application Number: Receipt Number/Accepted By: Project Address & Information Project Address or Location: Assessor Parcel No.: Legal Name and any other names, under which the Facility will Operate: Lot Size: Zoning: Please indicate all the State cannabis licenses that you hold or are seeking: General Information Applicant: Mailing Address: Business Owner(s): Mailing Address: Authorized Agent/Representative: Mailing Address: State of California Seller s Permit Number: State of California Employer Identification Number: Phone: Phone: Phone: If known, list any and all business partners with 5% or more ownership interest who have been found guilty of, pled guilty to, entered a plea of nolo contendere or has a criminal record expunged that involved a felony or misdemeanor involving fraud, deceit, embezzlement, violent behavior, moral turpitude, or the illegal use, possession, transportation, distribution or similar activities related to controlled substances as defined in the Federal Controlled Substance Act, with the exception of medical cannabis related offenses for which the conviction occurred after the passage of the Compassionate Use Act of Page 1 of 2

46 Owner/Applicant Authority to File Application Please read carefully before signing this application. Submission of this application does not imply approval by the Administration Division, Planning Commission, or the City Council. APPLICANT/REPRESENTATIVE: By signing this application I certify that the information provided is accurate to the best of my knowledge. Signature Date Print Name PROPERTY OWNER AUTHORIZATION By signing this application I certify that I am the legal owner of the property that is the subject of this application and that I have read this completed application and attached materials and consent to its filing. I agree to allow the City to duplicate and distribute plans to interested persons as it determines is necessary for the processing of the application. If the undersigned is different than the legal property owner, the City s Agent Authorization form must accompany this application. Signature Date Print Name AGREEMENT TO PAY APPLICATION FEES I (we) hereby agree to pay all personnel and related direct and indirect costs for the review and processing of the Development Application for the subject property, at such time as requested by the Community Development Director, or designee. Direct costs include, but are not limited to, the review of the application for completeness and Code compliance by all applicable City departments; telephone or written communication with applicant/property owner/architect, engineer, noticing, outside consultants, etc.; preparation of staff reports; and attendance by staff at public hearings. Deposits paid at the time of application are estimates based on the typical amount of staff time and other costs required to process an application. In the event the deposit is not sufficient to reimburse the City for processing the application, the applicant shall provide additional deposits to the City to complete the processing of the application. The City shall not perform any further review of the application until the applicant submits the required deposit. No interest shall accrue on amounts deposited. Any unused portion of the deposit will be returned to the applicant. I (we) hereby certify that the information stated on forms, plans and other materials submitted herewith in support of the application is true and correct to the best of my knowledge. It is my (our) responsibility to inform the City, through the assigned project planner, of any changes to the information represented in these submittals. If there are multiple owners/authorized agents of the property, by signing below you are acknowledging that you have been provided authorization to sign by the other owners/authorized agents. Signature Date Print Name 48 Page 2 of 2

47 City of Solvang Medical Cannabis Dispensary OWNER/OPERATOR/EMPLOYEE BACKGROUND APPLICATION Name: APPLICANT INFORMATION LAST NAME FIRST NAME MIDDLE NAME BUSINESS/EMPLOYER INFORMATION NAME OF CANNABIS BUSINESS BUSINESS ADDRESS BUSINESS PHONE APPLICANT OR EMPLOYEE INFORMATION Social Security Number LAST NAME ON SOCIAL SECURITY CARD FIRST NAME ON SOCIAL SECURITY CARD MIDDLE NAME ON SOCIAL SEC. CARD State Driver s License Number LAST NAME ON DRIVER S LICENSE FIRST NAME ON DRIVER S LICENSE MIDDLE NAME ON DRIVER S LIC SEX Male Female AGE DATE OF BIRTH PLACE OF BIRTH HEIGHT WEIGHT HAIR COLOR EYE COLOR LIST YOUR CURRENT HOME ADDRESS, CITY, ZIP CODE (NO P.O. BOXES ALLOWED) CELL PHONE # LIST ANY OTHER NAMES YOU HAVE EVER USED (Maiden, Married, Nicknames, etc.) LANGUAGES SPOKEN PREVIOUS RESIDENCES Please list all previous home addresses in the past 5 years, attached additional sheets if needed. ADDRESS, CITY, ZIP CODE (NO P.O. BOXES ALLOWED) ADDRESS, CITY, ZIP CODE (NO P.O. BOXES ALLOWED) ADDRESS, CITY, ZIP CODE (NO P.O. BOXES ALLOWED) ADDRESS, CITY, ZIP CODE (NO P.O. BOXES ALLOWED) STATEMENT OF PERJURY I DECLARE UNDER THE PENALTY OF PERJURY, UNDER THE LAWS OF THE STATE OF CALIFORNIA AND THE CITY OF SOLVANG, THAT THE FOREGOING IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. APPLICANT S SIGNATURE JOB TITLE (POSITON ON THE APPLICATION) DATE 49

48 Commercial Cannabis Employee / Owner Background Information Page 2 CRIMINAL HISTORY List all arrests and/or convictions other than infractions for traffic violations) IF ADDITIONAL SPACE IS NEEDED, ATTACH ADDITIONAL SHEETS TO THE APPLICATION. PLEASE NOTE ANY FALSE STATEMENTS, MISLEADING STATEMENTS OR OMISSIONS ON THIS APPLICATION OR THE CANNABIS PERMIT SHALL BE GROUNDS FOR DISQUALIFICATION. ARREST DATE ARRESTING AGENCY / LOCATION / COURT NAME CHARGE / REASON FOR ARREST 1 DISPOSITION (WHAT WAS THE OUTCOME OF THE CASE: Were you sentenced? Did you have to pay a fine? Probation? Parole? Etc.) ARREST DATE ARRESTING AGENCY / LOCATION / COURT NAME CHARGE / REASON FOR ARREST 2 DISPOSITION (WHAT WAS THE OUTCOME OF THE CASE: Were you sentenced? Did you have to pay a fine? Probation? Parole? Etc.) ARREST DATE ARRESTING AGENCY / LOCATION / COURT NAME CHARGE / REASON FOR ARREST 3 DISPOSITION (WHAT WAS THE OUTCOME OF THE CASE: Were you sentenced? Did you have to pay a fine? Probation? Parole? Etc.) ARREST DATE ARRESTING AGENCY / LOCATION / COURT NAME CHARGE / REASON FOR ARREST 4 DISPOSITION (WHAT WAS THE OUTCOME OF THE CASE: Were you sentenced? Did you have to pay a fine? Probation? Parole? Etc.) ARREST DATE ARRESTING AGENCY / LOCATION / COURT NAME CHARGE / REASON FOR ARREST 5 DISPOSITION (WHAT WAS THE OUTCOME OF THE CASE: Were you sentenced? Did you have to pay a fine? Probation? Parole? Etc.) ARREST DATE ARRESTING AGENCY / LOCATION / COURT NAME CHARGE / REASON FOR ARREST 6 DISPOSITION (WHAT WAS THE OUTCOME OF THE CASE: Were you sentenced? Did you have to pay a fine? Probation? Parole? Etc.) ARREST DATE ARRESTING AGENCY / LOCATION / COURT NAME CHARGE / REASON FOR ARREST 7 DISPOSITION (WHAT WAS THE OUTCOME OF THE CASE: Were you sentenced? Did you have to pay a fine? Probation? Parole? Etc.) ARREST DATE ARRESTING AGENCY / LOCATION / COURT NAME CHARGE / REASON FOR ARREST 8 DISPOSITION (WHAT WAS THE OUTCOME OF THE CASE: Were you sentenced? Did you have to pay a fine? Probation? Parole? Etc.) STATEMENT OF PERJURY I DECLARE UNDER THE PENALTY OF PERJURY, UNDER THE LAWS OF THE STATE OF CALIFORNIA AND THE CITY OF SOLVANG, THAT THE FOREGOING IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. APPLICANT S SIGNATURE JOB TITLE (POSITON ON THE APPLICATION) DATE 50

49 Commercial Cannabis Employee / Owner Background Information Page 3 EMPLOYMENT HISTORY List employment history within the last five years and all regulated commercial cannabis employment history regardless of timeframe. BUSINESS NAME ADDRESS PHONE POSITION START DATE END DATE STATEMENT OF PERJURY I DECLARE UNDER THE PENALTY OF PERJURY, UNDER THE LAWS OF THE STATE OF CALIFORNIA AND THE CITY OF SOLVANG, THAT THE FOREGOING IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE. APPLICANT S SIGNATURE JOB TITLE (POSITON ON THE APPLICATION) DATE 51

50 Commercial Cannabis Employee / Owner Background Information Page 4 ADDITIONAL BACKGROUND INFORMATION PLEASE ATTACH SEPARATE SHEET, AS NECESSARY List whether you have had any other Cannabis licenses and/or permits issued to and/or revoked from any agency, in the three years prior to the date of this application. Please list the type of, current status of, issuing/denying agency for each license/permit. List whether you have had any involvement with any other retail business in the City of Solvang, including the name and address of such business, the type of business, the capacity in which you were involved; and whether the business is or was the subject of any criminal investigation or prosecution, civil investigation, administrative action or civil lawsuit; or whether you have ever been denied registration, a permit, or a license required to operate a business in any other city, county, or state. BACKGROUND INVESTIGATION RELEASE To Whom It May Concern: I am an applicant / employee for a Medical Cannabis Business in the City. I desire and request the City Manager or Sheriff of the City of Solvang, and/or his/her agents, employee or lawful representative(s) to take my photograph and fingerprints or use the information in this application for the purpose of conducting a background check to verify that I meet the qualifications required to obtain a Medical Cannabis Permit to operate or to be employed with such business as required by the Solvang Municipal Code and State Law. I agree to provide any information requested or deemed necessary to provide the State of California Department of Justice and the Federal Bureau Investigation, or any other law enforcement agency or third party consultant authorized by the City Manager or Sheriff. I understand this will serve to disclose any record of arrests to which I have been the subject that resulted in conviction. I further agree to hold the City of Solvang, its officers, agents, or lawfully delegated representatives, harmless from any action(s), or damages whatsoever or at all, which may result from the taking of such fingerprints or forwarding them to the appropriate law enforcement agency for a record s check and/or obtaining access to any other documentation which pertains to meeting the qualification for a Medical Cannabis Permit. By signing this form I acknowledge and agree to comply with all the conditions and terms of this application. I also understand that falsifying and/or omitting any information on this application may be grounds for denial of a permit or is grounds for termination of employment per the Solvang City Ordinance. APPLICANT S SIGNATURE JOB TITLE (POSITON ON THE APPLICATION DATE 52

51 City of Solvang Administration Department MEDICAL CANNABIS PERMIT SUBMITTAL CHECKLIST 1644 Oak Street - Solvang, CA Phone (805) The information on this checklist must be submitted with your Medical Cannabis Permit application to be accepted for review. These are the minimum requirements and additional information and plans may be required to evaluate your application following initial review by staff. A copy of this list will be used to check your application for completeness after it is submitted. Applications not containing the necessary information as shown on this checklist will not be accepted for review. If you believe an item is not applicable to your application, please indicate. If you have any questions regarding this form or uncertain if a specific requirement applies to your project, please contact the planning staff at (805) The following items shall be submitted: FOR CITY USE ONLY ITEM SUBMITTAL ITEM REQUIRED NUMBER 1 Completed Medical Cannabis Application form for each license required by the State. 2 Completed Medical Cannabis Owner/Operator/Employee Background Application form for all applicants, including a copy of government-issued identification. 3 Provide a description of the Commercial Cannabis Business organizational status and provide proof of status, such as articles of incorporation, by-laws, partnership agreements, and other documentation as may be necessary. This shall include a list of all owners/entities that have an interest of 5% or greater in the business. 4 Payment of Application & Processing fee as established by the Fee Schedule. 5 An Operations Plan including a list of the names, addresses, 24-hour telephone numbers, and responsibilities of each owner and manager of the facility; day to day operations which meet industry best practices for medical cannabis dispensaries; the hours and days of operation of the facility; the number of employees, a full description of the proposed activities and products of the commercial cannabis operation; water conservation measures to be taken (if cultivation is proposed), the method and extent of delivery services outside of the medical cannabis facility; procedures for transportation of medical cannabis and product from cultivation and manufacturing facilities to the retail dispensary (facility) including quality assurance and inspection by the distributor, transport to and from a medical cannabis testing facility; and/or cultivation and manufacturing procedures (non-volatile only) to be utilized (if applicable) including chemicals and fertilizer storage, handling, and use; and extraction and infusion methods. 6 A Business Plan including policies and procedures for adopting, monitoring, implementing, and enforcing all requirements of City of Solvang Municipal Code Section ; a Business Model detailing product display, customer interaction, and method of point of sale transactions; proposed vertically integrated uses; a schedule for submittal of construction plans, construction timing, and dispensary opening; and a proposed Budget for construction, operation, maintenance, employee compensation, equipment costs, utility costs, etc. The budget must demonstrate sufficient capital for startup and at least three months of operating costs, as well as a description of the sources and uses of funds and the name and account number of all savings and checking accounts, investment accounts, and trusts associated with the operation of the facility. 53

52 7 Site (minimum scale 1 =10 ) and preliminary Floor (minimum scale ¼ = 1 ) plans of the facility denoting the layout of all areas of the facility including, as applicable, retail sales, storage/warehousing, cultivation, office, reception/waiting, dispensing, manufacturing, testing, distribution, and all ancillary support spaces. 8 A Security Plan complying with State law and the City of Solvang Municipal Code (Solvang Ordinance No ). 9 A Quality Control Plan including procedures for testing and demonstration of compliance with state standards for non-contamination. 10 An Inventory Control Plan to prevent diversion of medical cannabis to nonmedical use, track and trace program and procedures, employee screening, storage of medical cannabis, personnel policies, and recordkeeping procedures. 11 An Odor Management Plan detailing steps that will be taken to ensure that the odor of medical cannabis will not emanate beyond the exterior walls of the facility, including vestibules and, if necessary, the use of air purification or scrubber systems. 12 Demonstration of Local Enterprise including the extent to which the dispensary will be a locally managed enterprise including employees residing within Solvang or Santa Barbara County and the source of the medical grade cannabis product. 13 A Waste Management Plan meeting the standards of state regulations including identifying, managing, and disposing of contaminated, adulterated, deteriorated or excess medical cannabis product. 14 Resumes detailing the qualifications and experience of all principals including experience operating a Medical Cannabis dispensary facility, and information regarding special experience or professional qualifications or licenses regarding medical cannabis such as scientific or health care fields. 15 Copy of Business Operating Procedure Manual. 16 Evidence of fingerprint-based criminal history records check (Live Scan) conducted by the Solvang/County of Santa Barbara Sheriff s Department for all business owners, operators, managers, and employees. The background check should disclose no felonies in accordance with California Business and Professions Code section 26057, as may be amended. 17 Completed and Signed Indemnification Agreement I, the undersigned Applicant/Representative, have verified that all the submittal items required on this checklist are included in the application materials and/or plans. Signature Date Print Name [Revised November 2018] 54

53 Application Fee Cost Summary Application & Processing Fee Phase 1 $ 1, Phase 2 $ 2, Phase 3 $ LiveScan Fee Inspection Fee , ( or$ 5, ) Annual Regulatory Permit 10, Appeal Fee 1,

54 Medical Cannabis Retailer Application Process Phase- 1: Preliminary Determination of Eligibilty HOURS FOR NAME RATE PHASE 1 TOTAL Staff City Manager $ City Clerk $ 1, Planning Director $ Police Chief( Sheriff Lt) $ HdL Companies Subject matter expertise and technical support $ 1, Cost recovery fee analysis $ 3, Subtotal 5, Total 5, Per applican $ 1, assuming 4 appli 56

55 Medical Cannabis Retailer Application Process Phase- 2 Application Review and Qualification Process HOURS FOR NAME RATE PHASE 2 TOTAL Staff City Manager $ 3, $ City Clerk $ 1, $ Planning Director $ 2, $ Police Chief( Sheriff Lt) $ 2, $ HdL Companies Subject Matter Expertise& Technical Support $ Subtotal 10, $ Total 10, Per applican $ 2, Assumes 4 applicants 57

56 Medical Cannabis Retailer Application Process Phase- 3: City Council Approval and Selection HOURS FOR NAME RATE PHASE 3 TOTAL Staff City Manager $ $ City Clerk $ $ Planning Director $ $ Police Chief( Sheriff Lt) $ $ Subtotal 1, $ Total 1, Per applican $ assuming 4 applicants 58

57 REGULATORY PERMIT Hourly Hours Staff Burder Estimate Subtotal Description of Work Scope City Manager $ Misc management/ supervision of cannabis program, dealings with Cannabis Business City Clerk $ 1, Basic management of Cannabis business and program and enforcement of Muni Code Administration Dept/ Dir. $ $ 5, Annual audit of financial records and monthly accounting activity regarding tax collect[ Sheriff CRD $ 2, Site compliance and other inspections of Cannabis business and enforcement of Muni City Attorney $ 1, Legal consult on issues relating to Cannabis business Total $ 10,

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59 RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOLVANG, CALIFORNIA, ADOPTING CANNABIS DISPENSARY APPLICATION AND REGULATORY FEES WHEREAS, the City Council approved and adopted Ordinance No (Comprehensive Cannabis Regulations) on August 27, 2018 and the ordinance became effective September 27, 2018; and WHEREAS, the City Council contracted with HdL Companies to conduct a Cost Recovery Analysis to develop an appropriate fee schedule for commercial cannabis permits; and WHEREAS, the City Council approved the proposed fees and the Medical Cannabis Dispensary Application and Selection Process at the City Council meeting of December 10, 2018; and WHEREAS, the fee schedule is attached as Exhibit A. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Solvang, that the City of Solvang approves a Medical Cannabis Dispensary Application & Processing fee of $5, and a Medical Cannabis Annual Regulatory Permit fee of $10, PASSED, APPROVED AND ADOPTED this 10th day of December, 2018, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Ryan Toussaint, Mayor ATTEST: Lisa S. Martin, City Clerk 61

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61 CITY COUNCIL STAFF REPORT TO: FROM: SOLVANG CITY COUNCIL MEMBERS Dave Fleishman, City Attorney MEETING DATE: December 10, 2018 DATE PREPARED: December 4, 2018 SUBJECT: HOURS OF OPERATION FOR BUSINESSES WITHIN THE CITY OF SOLVANG I. RECOMMENDATION: Provide staff direction on any ordinance changes or other restrictions desired by Council to limit the hours of operation of various businesses within the City of Solvang. II. DISCUSSION: At its November 26 meeting, Council directed staff to return to Council with an agenda item regarding limiting the hours of operation of various businesses. Several members of the public have raised concerns regarding the impact of 24- hour operations for businesses within the City, including excessive noise, disruptive lighting and possible criminal activity. The limitation of business hours for businesses within the City is within the police power of the City Council, and there are examples of time limitations for businesses imposed both in other cities, and by the State of California. For example, Business & Professions Code Section limits the hours in which alcohol may be served by licensed premises such as bars and restaurants. Solvang Municipal Code Section requires billiard and pool rooms to close between 2:00 a.m. and 5:00 a.m. Section limits massage establishments from providing massage therapy between the hours of 10:00 pm. and 7:00 a.m. The issue to be decided by the City Council is whether it wishes to focus on specific types of businesses, like billiard rooms or massage establishments as noted above, 63

62 Solvang City Council Report/Agenda Date: December 10, 2018 Subject: Limitation of hours of operations for businesses Page 2 of 2 and impose hours of operation restrictions on specific classes of businesses, or whether the Council wants to impose a blanket prohibition of operation during specified hours for all businesses. Currently, the only business of which staff is aware that is operational 24 hours per day is the gas station on Mission Drive, but only for operation of the fueling pumps. Council could also provide direction regarding exemptions from a blanket closure requirement. Once Council has provided staff direction regarding the issues noted above, staff will return with an appropriate ordinance to implement Council s direction. III. ALTERNATIVES: Council could decline to change existing code regarding hours of operation. IV. FISCAL IMPACT: No fiscal impact is anticipated from the discussion of this issue, but depending on the ordinance changes requested by Council, additional code enforcement expenses might be incurred in enforcing newly adopted code provisions limiting hours of operation by businesses. V. ATTACHMENTS: None 64

63 CITY COUNCIL STAFF REPORT TO: FROM: SOLVANG CITY COUNCIL MEMBERS Brad Vidro, City Manager MEETING DATE: December 10, 2018 DATE PREPARED: November SUBJECT: AGREEMENT FOR INTERIM CITY MANAGER SERVICES I. RECOMMENDATION: Approve agreement with Rick Haydon for Interim City Manager services. II. DISCUSSION: The City Manager will be retiring effective December 28, In anticpation that the recruitment and hiring process may not be completed by that time staff contacted retired City of Santa Maria City Manager, Rick Haydon. Mr. Haydon assisted the Solvang City Council in April of this year with a goal setting workshop process. His work was well recieived by the City Council. As a member of the California Public Employees Retirement System (CalPERS) there are limitations on the City s use of CalPERS retirees. The rate of pay must be the base salary as listed in the employer s publicly available salary schedule. Also the retiree cannot work more than a total of 960 hours per fiscal year. The published pay rate for the City Manager position is $85.61 per hour. It is anticipated that the interim position would work well under the 960 hour cap as a new City Manager should be hired soon. Government Code Section has specific requirements regarding the hiring of CalPERS retirees. There must be an open recruitment to permanently fill the position. The appointment must be for a limited duration. The retiree s work history must show that they have the skill set to perform the work of the position. Solvang s plan to fill the city manager 65

64 Solvang City Council Report/Agenda Date: December 10, 2018 Subject: Interim City Manager Agreement Page 2 of 2 position on an interim basis with a retired city manger until the current recruitment is complete meets those requirements. III. ALTERNATIVES: The City Council could choose to appoint one of the Department Heads to serve as interim City Manager. This would require that person to serve both the role of their current title and city manager which can be a considerable burden. IV. FISCAL IMPACT: There will be offsetting savings from the City Manager vacancy effective the date of retirement that can be used to fund the interim position. V. ATTACHMENTS: Agreement 66

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69 December 4, 2018 ADVANCE CALENDAR Below is an Advance Calendar of anticipated agenda items. The dates are tentative but reflect an overview of items to come. Items on this advance calendar are subject to change. Final agendas will be available on-line and at City Hall at least 72 hours prior to the meeting date. MEETING DATE AGENDA ITEM ACTION December 26, 2018 (Cancelled?) January 14, 2019 Water Supply Management Plan Receive Award Construction Contract, Tennis Courts Approve January 28, 2019 WWTP Upgrade Alternatives Consider February 11, 2019 Mid-Year Budget Adjustments Approve February 25, 2019 First Reading of Accessory Dwelling Unit Zoning Ordinance Approve Comprehensive Annual Financial Report Approve *Public Hearing Notice Measure A 5-Year Local Program of Projects Approve March 11, 2019 Investment Policy Annual Review Consider March 25, 2019 SB1 RMRA Project List Approve Solvang Mesa LLMD Resolution of Initiation Adopt April 08, 2019 *Public Hearing Notice Solvang Mesa LLMD Resolution Confirming Assessments Adopt April 22, 2019 TDA Grant Funding Approve Annual/Future Scheduled *Post Notice 15 days Prior Amend Appropriation Limit (June) Adopt FTA 5311 Grant Agreement (June) Adopt Annual Budget (June) Adopt Conflict of Interest Code Review (June 2020) Discuss Appointment to Library Advisory Committee (July 2019) Approve *Public Hearing Notice Capital Improvement Program (August) Approve Stormwater Management Program Annual Report (November) Receive Appointment of Mayor Pro Tem (December) Approve Comprehensive Annual Financial Report (February) Receive Mid-Year Budget Adjustments (1 st mtg in Feb) Approve 71