Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty & Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.
Contractorfurther warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
Contractor’s Authorized Initials
9.7 Authority to Act on Behalf of Entity.
The person(s) executing this Agreement on behalf of any entity that is a Party hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF ARVIN, a municipal corporation
Olivia Trujillo, Mayor
ATTEST:
Cecilia Vela, City Clerk
APPROVED AS TO FORM
HODGES LAW GROUP
Nathan Hodges, City Attorney
CONTRACTOR:
*By:
Name:
Title:
*By:
Name:
Title:
Address:
*CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE
EVIDENCE OF AUTHORITY TO EXECUTE DOCUMENTS FOR ANY ENTITY CONTRACTOR MUST BE PROVIDED.
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Attachment: Franklin Street PW Srvcs Agmt with CVA updated (Public Works Services Agmt wtih Central Valley Asphalt re Franklin St
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
On , 2023 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) LIMITED
GENERAL NUMBER OF PAGES
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR DATE OF DOCUMENT
OTHER
SIGNER IS REPRESENTING:
SIGNER(S) OTHER THAN NAMED ABOVE
(NAME OF PERSON(S) OR ENTITY(IES))
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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Attachment: Franklin Street PW Srvcs Agmt with CVA updated (Public Works Services Agmt wtih Central Valley Asphalt re Franklin St
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF
On , 2023 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
PARTNER(S) LIMITED
GENERAL NUMBER OF PAGES
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR DATE OF DOCUMENT
OTHER
SIGNER IS REPRESENTING:
SIGNER(S) OTHER THAN NAMED ABOVE
(NAME OF PERSON(S) OR ENTITY(IES))
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
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EXHIBIT “A”
SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the “Special Provisions” and “Technical Provisions” included in the bid documents for the project entitled FRANKLIN STREET RECONSTRUCTION PROJECT, including any documents or exhibits referenced therein.
II. Project Description:
The work to be performed under this Contract consists of furnishing all labor, materials, tools and equipment and constructing complete and in place improvements for the City of Arvin Franklin Street Reconstruction Project as shown in the Contract drawings and as specified herein.
The work shall consist of the reconstruction of existing asphalt concrete roadway using full depth reclamation and hot mix asphalt concrete. Improvements also include construction of raised medians, landscape and irrigation, construction of accessible curb ramps, replacement of severely damaged curb and gutter and valley gutters, and signage and striping improvements including solar powered rectangular rapid flashing beacons.
The work to be done consists of the furnishing by the Contractor of all labor, materials equipment and other facilities necessary in the performance of the work. The Contractor shall perform any work which is not detailed in the Plans and Specifications but which is obviously required to make the project complete and operable. Questions regarding the intent of the Plans and Specifications shall be referred to the City whose decisions thereon shall be final.
Some information pertaining to subsurface and other conditions, which may affect the cost of performing the work, may be shown in the Plans and Specifications. While it is believed that any such information is reasonably correct, the City does not warrant either the completeness or accuracy of such information. It is the responsibility of the Contractor to ascertain the existence of all subsurface and other conditions affecting his cost of doing the work as may be disclosed by a reasonable examination of the site.
III. Contractor’s work shall also conform to all of the standards and specifications in the following documents, incorporated herein by this reference:
A. Special Provisions and Technical Provisions can be found in the Notice Inviting Sealed Proposals (Bids), Special Provisions, Bid Proposal and Contract documents for the FRANKLIN STREET RECONSTRUCTION PROJECT.
IV. The location(s) of the work, its general nature and extent, and the form and general dimensions of the Project and appurtenant work are shown on the Construction Drawings entitled FRANKLIN STREET RECONSTRUCTION PROJECT and are hereby made a part of this Agreement as listed herein:
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List of Construction Drawings
GENERAL
1. C1 – COVER
2. C2 – LEGEND & ABBREVIATION
HORIZONTAL CONTROL
3. C3 – HORIZONTAL CONTROL 9+50 – 29-50
4. C4 – HORIZONTAL CONTROL 29 +50 – 44+50
DEMOLITION
5. C5 – DEMOLITION 9+50 – 19+50
6. C6 – DEMOLITION 19+50 – 29+50
7. C7 – DEMOLITION 29+50 – 39+50
8. C8 – DEMOLITION 39+50 – 44+50
STREET IMPROVEMENT PLANS
9. C9 – FRANKLIN ST STA 9+50 – 19+50
10. C10 – FRANKLIN ST STA 19+50 – 29+50
11. C11 – FRANKLIN ST STA 29+50 – 39+50
12. C12 – FRANKLIN ST STA 39+50 – 50+00
STREET PLAN AND PROFILE
13. C13 – FRANKLIN ST STA 9+50 – 14+50
14. C14 – FRANKLIN ST STA 14+50 – 19+50
15. C15 – FRANKLIN ST STA 19+50 – 24+50
16. C16 – FRANKLIN ST STA 24+50 – 29+50
17. C17 – FRANKLIN ST STA 29+50 – 34+50
18. C18 – FRANKLIN ST STA 34+50 – 39+50
19. C19 – FRANKLIN ST STA 39+50 – 44+50
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DETAILS
20. C20 – SITE DETAIL1
21. C21 – SITE DETAIL2
22. C22 – SITE DETAIL3
23. C23 – SITE DETAIL4
24. C24 – SITE DETAIL5
25. C25 – SITE DETAIL6
26. C26 – SITE DETAIL7
27. C27 – STANDARD DRAWINGS
28. C28 – DETAILS
SIGN AND STRIPING
29. 29 – SIGN AND STRIPING PLAN
30. 30 – SIGN AND STRIPING PLAN
31. 31 – SIGN AND STRIPING PLAN
32. 32– SIGN AND STRIPING PLAN
LANDSCAPING
33. L1 – HYDROZONE PLAN
34. L2 – WATER USE CALCULATIONS
35. L3 – TREE IRRIGATION PLAN
36. L4 – TREE IRRIGATION PLAN
37. L5 – TREE IRRIGATION PLAN
38. L6– TREE IRRIGATION PLAN
39. L7 – SHRUB IRRIGATION PLAN
40. L8 – SHRUB IRRIGATION PLAN
41. L9 – SHRUB IRRIGATION PLAN
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42. L10 – SHRUB IRRIGATION PLAN
43. L11 – IRRIGATION NOTES, LEGEND AND CALCULATIONS
44. L12 – IRRIGATION DETAILS
45. L13 – IRRIGATION DETAILS
46. L14 – TREE PLANTING PLAN
47. L15 – TREE PLANTING PLAN
48. L16 – TREE PLANTING PLAN
49. L17 – TREE PLANTING PLAN
50. L18 – SHRUB PLANTING PLAN
51. L19 – SHRUB PLANTING PLAN
52. L20 – SHRUB PLANTING PLAN
53. L21 – SHRUB PLANTING PLAN
54. L22 – PLANTING LEGEND NOTES AND DETAILS
STORM WATER EROSION
55. S1 – STORM WATER EROSION
56. S2 – STORM WATER EROSION
V. Contractors shall have on file a minimum of one (1) set of Construction Drawings upon which Contractor shall record all variations between the work as built and as originally shown in the Construction Drawings or as otherwise required under this Agreement (“Record Drawings”). Record Drawings must be kept at the work site and be accessible at all times during the construction periods and shall be delivered to the City Engineer within thirty (30) days after completion of the work.
VI. Contractor shall update the schedule on a monthly basis, showing progress on each activity or task. After each monthly update, the Contractor shall submit to the City one (1) print of the last accepted Construction Schedule, marked up in red in accordance with the monthly review.
VII. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.
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Attachment: Franklin Street PW Srvcs Agmt with CVA updated (Public Works Services Agmt wtih Central Valley Asphalt re Franklin St 01159.0006/297008.1 B-1
EXHIBIT “B”
1. Contractor shall provide the following additional documents(s) during construction:
a. Caltrans Exhibit 17-F: Final Report-Utilization Of Disadvantaged Business Enterprises (DBE) And First-Tier Subcontractors.
2. Contractor shall provide the following additional documents(s) with thebid documents:
a. Caltrans Exhibit 12-B Bidder’s List of Subcontractors (DBE and Non-DBE) b. Caltrans Exhibit 15-G: Construction Contract DBE Commitment c. Caltrans Exhibit 15-H: Proposer/Contractor Good Faith Effort (submit if DBE goal not met; may be submitted 5 days post bid)
3. Applicable State or Federal Grant Requirements: Applicable language that must be included from the granting agency are attached herein.
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ATTACHMENT B CONTINUED
REQUIRED FEDERAL CONTRACT PROVISIONS
ACCESS TO RECORDS & RECORD RETENTION (2 CFR 200.336)
Contractor must provide City, the State, and the U.S. Department of Housing and Urban Development (HUD), the FEMA Administrator, the Inspectors General, the Comptroller General of the United States, or any of their pass-through entities or authorized representatives access to any books, documents, papers, and records of the Contractor and its subcontractors which are directly pertinent to this contract/project for the purposes of making/responding to audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to the Contractor’s personnel for the purpose of interview and discussion related to such documents. Contractor must maintain all records pertaining to the project for seven (7) years after receiving final payment and after all other pending matters have been closed.
ACCESSIBILITY (24 CFR 570.614) & SECTION 504 (29 U.S.C. Section 794 and 24 CFR Parts 8‐9)
Contractor shall comply with all federal, state and local laws and regulations which prohibit recipients of federal funding from discriminating against individuals with disabilities.
Applicable laws and regulations with which Contractor shall comply shall include, but arenot limited to, the following: Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794) (24 CFR Parts 8‐9); Title II of the Americans with Disabilities Act of 1990; the Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157); the Uniform Federal Accessibility Standards (Appendix A to 24 CFR Part 40 and Appendix A to 41 CFR Part 101-19, subpart 101-19.6); the Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218, and 225); California Building Code.
BYRD ANTI-LOBBYING AGREEMENT (2 CFR 200 APPENDIX II (J) AND 24 CFR 570.303)
Pursuant to 31 U.S.C.A. § 1352 (2003), if at any time during the contract term funding to contract exceeds $100,000.00, the Contractorshall file with the City the Federal Standard Form LLL titled “Disclosure Form to Report Lobbying.”
Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-federal award.
CIVIL RIGHTS ACT OF 1964 (Title VI 42 U.S.C. § 2000d)
Title VI of the Civil Rights Act of 1964, Section 109 of the Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794) (24 CFR Parts 8‐
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ATTACHMENT B CONTINUED
REQUIRED FEDERAL CONTRACT PROVISIONS
9), and the Americans with Disabilities Act of 1990 (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218, and 225), prohibits Contractors from excluding or denying individuals benefits or participation in this project on the basis of race, color, religion, national origin, sex, or disability. The provisions require that no person in the United States shall on the ground of race, color, religion, national origin, sex, or disability be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds made available pursuant to these Acts.
For purposes of this Part “program or activity” is defined as any function conducted by an identifiable administrative unit of the recipient, or private Contractor receiving community development funds or loans from the recipient. “Funded in whole or in part with community development funds” means that community development finds in any amount in the form of grants or proceeds from HUD guaranteed loans have been transferred by the recipient or a subrecipient to an identifiable administrative unit and disbursed in a program or activity. A Contractor may not, under any program or activity to which the regulations of this Part may apply directly or through contractual or other arrangements, on the grounds of race, color, national origin, or sex:
a. Deny any facilities, services, financial aid or other benefits provided under the program or activity;
b. Provide any facilities, services, financial aid or other benefits, which are different, or are provided in a different form from that provided to others under the program or activity;
c. Subject to segregated or separate treatment in any facility in, or in any matter of process related to receipt of any service or benefit under the program or activity; d. Restrict in any way access to, or in the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid or other benefits under the program or activity;
e. Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirement or condition which the individual must meet in order to be provided any facilities, services or other benefit provided under the program or activity; and f. Deny an opportunity to participate in a program or activity as an employee.
CLEAN AIR ACT (2 CFR Appendix II to Part 200 (G))
Pursuant to 2 CFR Appendix II to Part 200 (G), if at any time during the contract term funding to contract exceeds $150,000, the Contractor must comply with all provisions of the Clean Air Act (42 U.S.C. 85) and Section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Contractors securing a contract in excess of $150,000.00 shall not expend such funds by making use of subcontracting with facilities included on the Environmental Protection Agency List of Violating Facilities as per Section 306 of the Clean Air Act, Section 508 of The Clean Water Act, Executive Order 11738, and Environmental
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ATTACHMENT B CONTINUED
REQUIRED FEDERAL CONTRACT PROVISIONS
Protection Agency Regulations 40 CFR.
For any subcontractors under this contract receiving contractsin excess of $150,000 Contractor is required to include a provision that requires compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 85) and Section 308 Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (2 CFR Appendix II to Part 200 (E))
Pursuant to 2 CFR 200 Appendix II (E), if at any time during the contract term funding to contract exceeds $100,000, the Contractor must comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C.3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence
(1) Overtime Requirements – No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of anyviolation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to
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ATTACHMENT B CONTINUED
REQUIRED FEDERAL CONTRACT PROVISIONS
work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of thissection. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of thissection.
COPELAND “ANTI-KICKBACK” ACT (40 U.S.C. 3145)
Pursuant to 2 CFR Appendix II to Part 200 (D), Contractor must comply with the provisions of the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each vendor, contractor, subcontractor, or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.
Contractor shall include this provision in all contracts between itself and any subcontractors in connection with the services performed under this Contract. The City shall report all suspected or reported violations to the Federal awarding agency.
COST PLUS CONTRACTING PROHIBITED (2 CFR 200.323(D))
Cost-plus-a-percentage-of-cost (CPPC) contracts are prohibited by 2 CFR 200.323(d). The cost plus a percentage of cost and percentage of construction cost methods of contracting must never be used, including in subcontracts and third-party contracts. A cost-plus contract is one that is structured to pay the contractor or subcontractor their actual costs incurred, plus a fixed percent for profit or overhead.
A cost-plus-a-percentage-of-cost (CPPC) contract is a contract containing some element that obligates the Subrecipient, or Contractor to pay a contractor or subcontractor an amount (in the form of either profit or cost), undetermined at the time the contract was made, to be incurred in the future, and based on a percentage of future costs. The inclusion of an overall contract
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ATTACHMENT B CONTINUED
REQUIRED FEDERAL CONTRACT PROVISIONS
ceiling price does not make these forms of contracts acceptable.
This type of contract is prohibited because there is no incentive for the contractor or subcontractor to keep its incurred costs low. Instead, there is a reverse incentive for the contractor or subcontractor to continue to incur additional costs in order to continue to drive the percentage of cost up. In other words, increased spending by the contractor will yield higher profits. This prohibition applies to all work, regardless of the circumstances, and applies to subcontracts of the contractor cases where the prime contract is a cost-reimbursement type contract or subject to price redetermination.
DEBARMENT / SUSPENSION AND VOLUNTARY EXCLUSION (2 CFR Appendix II to Part 200 (I))
Pursuant to 2 CFR Appendix II to Part 200 (I), a Contract meeting the definition in 2 C.F.R. § 180.220 must not be made to parties listed on the System for Award Management (SAM) Exclusion lists, in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549.
Pursuant to Executive Orders 12549 and 12689, a contract award shall not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235). SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, aswell as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. A contract award must not be made to parties listed in the SAM Exclusions. SAM exclusions can be accessed at www.sam.gov.
Additionally, no contracts shall be awarded to any Contractor that has been debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs, including but not limited to the Department of Health and Human Work (DHHS), Office of Inspector General (OIG) - List of Excluded Individuals & Entities (LEIE); U.S. General Services Administration (GSA) – Excluded Parties List System (EPLS); All States (50) Health & Human Work Commission Medicaid OIG Sanction List; Government Terrorist Watch List (OFAC / Patriot Act); Department of Commerce, Bureau of Industry and Security, Denied Persons List; and Department of Homeland Security, Immigration and Customs Enforcement (ICE) Most Wanted.
This contract is a covered transaction for purposes of compliance with Title 2 C.F.R. parts 180 and 3000, and as such the Contractor is required to verify that none of the contractor, its principals (as defined at 2 C.F.R. § 180.995), or its affiliates (as defined at 2 C.F.R. § 180.905) are excluded (as defined at 2 C.F.R. § 180.940) or disqualified (as defined at 2 C.F.R. § 180.935). These regulations restrict awards, subawards, and contracts with certain parties that
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ATTACHMENT B CONTINUED
REQUIRED FEDERAL CONTRACT PROVISIONS
are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities (See 2 C.F.R Part 200, Appendix II). The Contractor must comply with 2 C.F.R. part 180, subpart C and 2 C.F.R. part 3000, subpart C and shall include this requirement and similar certification in all contracts between itself and any subcontractors in connection with the services performed under this Contract.
The Contractor confirms that it is eligible or otherwise not disqualified or prohibited from participation in federal or state assistance programs under Executive Order 12549, Debarment and Suspension. Additionally, the Contractor warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs, including but not limited to the following: Department of Health and Human Work (DHHS), Office of Inspector General (OIG) - List of Excluded Individuals & Entities (LEIE); U.S. General Services Administration (GSA) – Excluded Parties List System (EPLS); All States (50) Health & Human Work Commission Medicaid OIG Sanction List; Government Terrorist Watch List (OFAC / Patriot Act); Department of Commerce, Bureau of Industry and Security, Denied Persons List; and Department of Homeland Security, Immigration and Customs Enforcement (ICE) Most Wanted. The Subrecipient reserves the right to verify any Contractor’s status and document instances of debarment, suspension, or other ineligibility.
The Contractor shall verify that all subcontractors performing work under this Contract are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. The Contractor further must notify the Subrecipient in writing immediately if Contractor or its subcontractors are not in compliance with Executive Order 12549 during the term of this contract. Contractor shall include this provision in all contracts between itself and any subcontractors in connection with the services performed under this Contract.
If it is found that the Contractor did not comply or is not in compliance with Executive Order 12549 (2 C.F.R. part 180, subpart C and 2 C.F.R. part 3000, subpart C), the Contractor may be subject to available remedies, including but not limited to, refunding the Subrecipient for any payments made to the Contractor while ineligible, and also acknowledges that the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
ENERGY EFFICIENCY (42 U.S.C. 6201 and 2 CFR 200 APPENDIX II (H)) Contractor must comply with the mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201). Contractor must include this
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provision in all contracts between itself and any subcontractors in connection with the services performed under this Contract.
EQUAL EMPLOYMENT OPPORTUNITY (41 CFR 60-1.4(b) and 2 CFR 200 APPENDIX
II (C))
Contractor must comply with, and incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the Equal Employment Opportunity provisions as follows:
During the performance of this contract, the contractor agrees as follows:
1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitmentadvertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of thecontractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
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4. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary ofLabor.
6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
8. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protectthe interests of the United States.
The contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the contractor so participating is a State or local government, the above
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equal opportunity clause is not applicable to any agency, instrumentality or subdivision ofsuch government which does not participate in work on or under the contract.
The contractor agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it willfurnish the administering agency and the Secretary of Laborsuch information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of theExecutive Order. In addition, the contractor agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the contractor under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such contractor; and refer the case to the Department of Justice for appropriate legal proceedings.
Contractor must include the equal opportunity clause in each of its nonexempt subcontracts, and to require all non-exempt subcontractors to include the equal opportunity clause in each of its nonexempt subcontracts.
EQUAL EMPLOYMENT OPPORTUNITY FOR WORKERS WITH DISABILITIES (48 CFR 52.222-36)
During the performance of this contract, the Contractor must comply with required Equal Employment Opportunity for Workers with Disabilities provisions.
Contractor shall include the following equal opportunity clause in each of its covered Government contracts or subcontracts (and modifications, renewals, or extensions thereof if not included in the original contract):Equal opportunity clause. The Contractor shall abide by
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the requirements of the equal opportunity clause at 41 CFR 60-741.5(a), as of March 24, 2014.
This clause prohibits discrimination against qualified individuals on the basis of disability, and requires affirmative action by the Contractor to employ and advance in employment qualified individuals with disabilities.
a. Subcontracts. The Contractor shall include the terms of this clause in every subcontract or purchase order in excess of $15,000 unless exempted by rules, regulations, or orders of the Secretary, so that such provisions will be binding upon each subcontractor or vendor. The Contractor shall act asspecified by the Director, Office of Federal Contract Compliance Programs of the U.S. Department of Labor, to enforce the terms, including action for noncompliance. Such necessary changes in language may be made as shall be appropriate to identify properly the parties and their undertakings.
EQUAL EMPLOYMENT OPPORTUNITY FOR VEVRAA PROTECTED VETERANS (41 CFR 60.300)
During the performance of this contract, the Contractor must comply with required Equal Employment Opportunity for VEVRAA Protected Veterans provisions. Contractor shall include the following equal opportunity clause in each of its covered Government contracts or subcontracts (and modifications, renewals, or extensions thereof if not included in the original contract):
a. The definitions set forth in 41 CFR 60-300.2 apply to the terms used throughout this Clause, and they are incorporated herein by reference.
b. The contractor shall not discriminate against any employee or applicant for employment because he or she is a disabled veteran, recently separated veteran, active duty wartime or campaign badge veteran, or Armed Forces service medal veteran (hereinafter collectively referred to as “protected veteran(s)”) in regard to any position for which the employee or applicant for employment is qualified. The contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified individuals without discrimination based on their status as a protected veteran in all employment practices, including the following:
i. Recruitment, advertising, and job application procedures. ii. Hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff and rehiring.
iii. Rates of pay or any other form of compensation and changes in compensation. iv. Job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists. v. Leaves of absence, sick leave, or any other leave.
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vi. Fringe benefits available by virtue of employment, whether or not administered by the contractor.
vii. Selection and financial support for training, including apprenticeship, and onthe-job training under 38 U.S.C. 3687, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training. viii. Activities sponsored by the contractor including social or recreational programs.
ix. Any other term, condition, or privilege of employment. c. The contractor shall immediately list all employment openings which exist at the time of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract and including those occurring at an establishment of the contractor other than the one where the contract is being performed, but excluding those of independently operated corporate affiliates, with the appropriate employment service delivery system where the opening occurs. Listing employment openings with the state workforce agency job bank or with the local employment service delivery system where the opening occurs will satisfy the requirement to list jobs with the appropriate employment service delivery system. In order to satisfy the listing requirement described herein, contractors must provide information about the job vacancy in any manner and format permitted by the appropriate employment service delivery system which will allow that system to provide priority referral of veterans protected by VEVRAA for that job vacancy.
Providing information on employment openings to a privately run job service or exchange will satisfy the contractor's listing obligation if the privately run job service or exchange provides the information to the appropriate employment service delivery system in any manner and format that the employment service delivery system permits which will allow that system to provide priority referral of protected veterans. d. Listing of employment openings with the appropriate employment service delivery system pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans and nonveterans. The listing of employment openings does not require the hiring of any particular job applicants or from any particular group of job applicants, and nothing herein is intended to relieve the contractor from any requirements in Executive orders or regulations regarding nondiscrimination in employment. e. Whenever a contractor, other than a state or local governmental contractor, becomes contractually bound to the listing provisions in paragraphs 2 and 3 of this clause, it shall advise the employment service delivery system in each state where it has establishments that: (a) It is a Federal contractor, so that the employment service
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delivery systems are able to identify them as such; and (b) it desires priority referrals from the state of protected veterans for job openings at all locations within the state.
The contractor shall also provide to the employment service delivery system the name and location of each hiring location within the state and the contact information for the contractor official responsible for hiring at each location. The “contractor official” may be a chief hiring official, a Human Resources contact, a senior management contact, or any other manager for the contractor that can verify the information set forth in the job listing and receive priority referrals from employment service delivery systems. In the event that the contractor uses any external job search organizationsto assist in its hiring, the contractor shall also provide to the employment service delivery system the contact information for the job search organization(s). The disclosures required by this paragraph shall be made simultaneously with the contractor's first job listing at each employment service delivery system location after the effective date of this final rule.
Should any of the information in the disclosures change since it was last reported to the employment service delivery system location, the contractor shall provide updated information simultaneously with its next job listing. As long as the contractor is contractually bound to these provisions and has so advised the employment service delivery system, there is no need to advise the employment service delivery system of subsequent contracts. The contractor may advise the employment service delivery system when it is no longer bound by this contract clause. f. The provisions of paragraphs 2 and 3 of this clause do not apply to the listing of employment openings which occur and are filled outside of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, Wake Island, and the Trust Territories of the Pacific Islands.
g. As used in this clause:
i. All employment openings includes all positions except executive and senior management, those positions that will be filled from within the contractor's organization, and positions lasting three days or less. This term includes fulltime employment, temporary employment of more than three days' duration, and part-time employment.
ii. Executive and senior management means: (1) Any employee (a) compensated on a salary basis at a rate of not less than $455 per week (or $380 per week, if employed in American Samoa by employers other than the Federal Government), exclusive of board, lodging or other facilities; (b) whose primary duty is management of the enterprise in which the employee is employed or of a customarily recognized department or subdivision thereof; (c) who customarily and regularly directs the work of two or more other employees; and (d) who has the authority to hire or fire other employees or whose suggestions
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and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees are given particular weight; or (2) any employee who owns at least a bona fide 20-percent equity interest in the enterprise in which the employee is employed, regardless of whether the business is a corporate or other type of organization, and who is actively engaged in its management.
iii. Positions that will be filled from within the contractor's organization means employment openings for which no consideration will be given to persons outside the contractor's organization (including any affiliates, subsidiaries, and parent companies) and includes any openings which the contractor proposes to fill from regularly established “recall” lists. The exception does not apply to a particular opening once an employer decides to consider applicants outside of his or her own organization.
h. The contractor shall comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act.
i. In the event of the contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations,and relevant orders of the Secretary of Labor issued pursuant to the Act. j. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, Office of Federal Contract Compliance Programs, provided by or through the contracting officer. Such notices shall state the rights of applicants and employees as well as the contractor's obligation under the law to take affirmative action to employ and advance in employment qualified employees and applicants who are protected veterans. The contractor must ensure that applicants or employees who are disabled veterans are provided the notice in a form that is accessible and understandable to the disabled veteran (e.g., providing Braille or large print versions of the notice, posting the notice for visual accessibility to persons in wheelchairs, providing the notice electronically or on computer disc, or other versions). With respect to employees who do not work at a physical location of the contractor, a contractor will satisfy its posting obligations by posting such notices in an electronic format, provided that the contractor provides computers that can access the electronic posting to such employees, or the contractor has actual knowledge that such employees otherwise are able to access the electronically posted notices. Electronic notices for employees must be posted in a conspicuous location and format on the company's intranet or sent by electronic mail to employees. An electronic posting must be used by the contractor to notify job applicants of their rights if the contractor utilizes an electronic application process.
Such electronic applicant notice must be conspicuously stored with, or as part of, the electronic application.
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k. The contractor will notify each labor organization or representative of workers with which it has a collective bargaining agreement or other contract understanding that the contractor is bound by the terms of VEVRAA, and is committed to take affirmative action to employ and advance in employment, and shall not discriminate against, protected veterans.
l. The contractor will include the provisions of this clause in every subcontract or purchase order of $100,000 or more, unless exempted by the rules, regulations, or orders of the Secretary issued pursuant to VEVRAA so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Director, Office of Federal Contract Compliance Programs, may direct to enforce such provisions, including action for noncompliance.
m. The contractor must, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants willreceive consideration for employment without regard to their protected veteran status. n. The Contractor shall forfeit as a penalty to the City who administers the subject Project receiving Federal assistance, Sixty Dollars ($60.00) for each worker, employed for each calendar day, or a portion thereof, such worker is paid less than the said stipulated rates for any work done under this Project, by him/her or by any contractor under him/her.
o. All contractors shall keep, or cause to be kept, an accurate record showing the names of all workers, also the actual per diem wages paid to each of suchworkers.
FAIR LABOR STANDARDS ACT
Contractor must comply the Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 etseq.) as now or hereafter amended, which regulates wage, hour and other employment practices that govern the use of funds provided and the employment of personnel under this contract. The Contractor warrants that it will pay all its workers all monies earned by its workers including, but not limited to regular wages, any overtime compensation, or any additional payments pursuant to the Fair Labor Standards Act, 29 United States Code (U.S.C.) Section 207 9a(1), as amended; Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000, et al., as amended; or any applicable provisions of California Labor Laws and regulations set forth by the California Department of Industrial Relations.
FLOOD DISASTER PROTECTION ACT OF 1973 (24 CFR 570.605)
Contractor must comply with the provisions in 24 CFR 570.605, Section 202(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4106), and the regulations in 44 CFR Parts 59-79.
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GREEN BUILDING STANDARDS
At a minimum, Contractors must comply with local codes and any applicable national building codes for any work involving rehabilitation or construction, including design. When a contract is funded, in whole or in part, by HUD funding, Contractors must comply with applicable Green Building standards to the maximum extent feasible. Green Building standards may apply to single-family properties, multifamily properties, or both and may include, but are not limited to best practices defined under LEED, Enterprise Green Communities, or NAHB National Green Building Standards and may include specific measures for water conservation, energy efficiency, and indoor air quality. Contractor must comply with the following standards, as applicable:
• 2009 ICC International Energy Conservation Code (IECC) • ASHRAE 90.1-2007, which sets minimum energy standards for buildings except lowrise residential buildings • ASHRAE 62.1-2010 and 62.2-2010, which set minimum standards for ventilation for indoor air quality for common areas in mid- and high-rise buildings, and low-rise residential buildings, respectively.
• New or replacement residential housing, when funded by CDBG-MIT grants, must adhere to Green Building standards, including Energy Star Certified Homes or Energy Star for Multifamily High Rise and other applicable green building requirements. • Moderate residential housing rehabilitation, when funded by CDBG-MIT grants, must comply with the Community Planning & Development (CPD) Retrofit Checklist and provide Energy Star appliances, Water Sense or FEMP products ifreplaced. • New or replacement residential housing, when funded by CDBG-MIT grants, must adhere to Green Building standards, including Energy Star Certified Homes or Energy Star for Multifamily High Rise and other applicable green building requirements.
HOLD HARMLESS AGREEMENT
Contractor shall indemnify, defend, and hold harmless the Subrecipient from all claims for personal injury, death and/or property damage resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this solicitation, appropriate insurance coverage including, at a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work performed under terms of this solicitation. Certification of such coverage must be provided to the Subrecipient upon request.
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.
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LEAD-BASED PAINT (24 CFR 570.608)
Contractor must comply with the provisions found in 24 CFR 570.608, the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the Residential Lead Based Paint Hazard Reduction Act of 1992 (U.S.C. 4851-4856, and 24 CFR Part 35, subparts A, B, J, K, and R.
This Article 2(f) is to be included in all subcontracts, for work in connection with this Contract, which relate to residential structures.
NON-COLLUSION (The Sherman Act)
Contractor must comply with the requirements of The Sherman Act, which prohibitcollusion.
Collusion occurs when two persons or representatives of an entity or organization make an agreement to deceive or mislead another. Such agreements are usually secretive and involve fraud or gaining an unfair advantage over a third party, competitors, consumers or others with whom they are negotiating. The collusion, therefore, makes the bargaining process inherently unfair. Collusion can involve promises of future benefits, price or wage fixing, kickbacks, or misrepresenting the independence of the relationship between the colluding parties.
The Sherman Act prohibits any agreement among competitors to fix prices, rig bids, or engage in other anticompetitive activity. Collusion, bid rigging, or other anticompetitive activity is considered a felony.
Contractor shall not in any way, directly or indirectly:
a. Collude, conspire, or agree with any other person, firm, corporation, Contractor or potential Contractor to the amount of this Contract or the terms or conditions of this Contract.
b. Pay or agree to pay any other person, firm, corporation Contractor or potential Contractor any money or anything of value in return for assistance in procuring or attempting to procure a contract or in return for establishing the prices in the attached Contract or the Bid of any other Bidder.
c. Assemble in coordination with any other organization in an attempt to fix the price of the work.
Contractors are expected to report any suspected fraud, collusion, or impropriety from the inception of solicitation through the end of the contract term.
NON-SEGREGATED FACILITIES
“Prohibition of Segregated Facilities”
a. Segregated facilities means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by
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explicit directive or are in fact segregated on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin because of written or oral policies or employee custom. The term does not include separate or single-user rest rooms or necessary dressing or sleeping areas provided to assure privacy between the sexes.
Sexual orientation has the meaning given by the Department of Labor's Office of Federal Contract Compliance Programs, and is found at
www.dol.gov/ofccp/LGBT/LGBT_FAQs.html.
b. The Contractor agrees that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Contractor agrees that a breach of this clause is a violation of the Equal Opportunity clause in this contract. c. The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity clause of this contract.
PARTICIPATION BY MINORITY & WOMEN-OWNED BUSINESS ENTERPRISES (2 CFR 200.321)
Contractor must comply with the Minority and Women-owned Business Enterprise participation requirements under 2 CFR 200.321. Contractors must take all affirmative steps necessary to subcontract with Minority and Women-owned Business Enterprises (MWBEs) to assure that MWBEs are used when possible. These affirmative steps shall include:
A. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;
B. Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources;
C. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;
D. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises; and
E. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.
Contractor and subcontractors must facilitate Minority & Women-Owned Business Enterprise participation and take all affirmative steps to utilize MWBEs / HUB firms as subcontractors, subconsultants, or suppliers throughout the life of the Contract.
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POTENTIAL CONFLICTS OF INTEREST
Pursuant to 2 CFR 200.112, Contractor must comply with conflict of interest disclosure requirements. Contractor shall not use funds to directly or indirectly pay any person for influencing or attempting to influence any public employee or official in connection with the awarding of any contract or the extension, continuation, renewal, amendment or modification of any contract.
Additionally, Pursuant to 24 CFR 570.611, no member, officer, or employee of the Grantee, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercise or have exercised any functions or responsibilities with respect to CDBG activities assisted under this part, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity, or have a financial interest in any contract, subcontract or agreement with respect to a CDBG-assisted activity or its proceeds, either for themselves or those with whom they have business or immediate family ties, during their tenure or for one (1) year.
PROCUREMENT OF RECOVERED MATERIALS (2 CFR 200.322)
Pursuant to 2 CFR 200.322, Contractor must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962). As such, any contractors awarded under this contract opportunity is subject to the requirements of Section 6002, which include procuring only items designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS
Contractor must comply with 31 U.S.C. Chapter 38, Administrative Remediesfor False Claims and Statements, which shall apply to the activities and actions of the Contractor and its subcontractors pertaining to any matter resulting from the contract.
RESTRICTIONS ON PUBLIC BUILDINGS AND PUBLIC WORKS PROJECTS
CERTIFICATION
a. Definitions. The definitions pertaining to this provision are those that are set forth on the clause entitled “Restrictions on Public Works Projects.” (Set out under “Contract Clauses” below.)
b. Certification. Except as provided in paragraph (C) of this provision, Contractor
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REQUIRED FEDERAL CONTRACT PROVISIONS
certifies that it:
i. Is not a Contractor of a foreign country included on the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR) (see paragraph (H) of this provision); ii. Has not or will not enter into any subcontract with a subcontractor of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR, and
iii. Will not provide any product of a country included on the list of foreign countries that discriminate against the U.S. firms published by the USTR. c. Inability to certify. A Contractor unable to certify in accordance with paragraph (b) of this provision shall submit with its offer a written explanation fully describing the reasons for its inability to make the certification. d. Applicability of 18 U.S.C. 1001. This certification is paragraph (B) of this provision concerns a matter within the jurisdiction of an agency of the United States, and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 U.S.C. 1001. e. Notice. Contractor shall provide written notice to the Contracting Officer if, at any time before the contract award, Contractor learnsthat its certification was erroneous when submitted or has become erroneous by reason of changedcircumstances. f. Restrictions on contract award. Unless a waiver to these restrictions is granted by the Secretary of Housing and Urban Development, no contract will be awarded to a Contractor (1) who is owned or controlled by a citizen or national of a foreign country included on the list of foreign countriesthat discriminate against U.S. firms published by the USTR, (2) whose subcontractors are owned or controlled by citizens or national of a foreign country on the USTR list or, (3) who incorporates any product of a foreign country on the USTR list in the public works project. g. USTR List. The USTR published an initial list in the Federal Register on December 30, 1987 (53 FR 49244), which identified one country-Japan. The USTR can add countries to the list, and remove countries from it, in accordance with section 109 (C) of PUB. L. 100-202.
RESTRICTIONS ON PUBLIC BUILDINGS AND PUBLIC WORKS PROJECTS a. Definitions. “Component”, as used in this clause, means those articles, materials, and supplies incorporated directly into the product. “Contractor or subcontractor of a foreign country,” as used in this clause, means any Contractor or subcontractor that is a citizen or national of a foreign country or is controlled directly or indirectly by citizens or nationals of a foreign country. A contractor or subcontractor shall be considered to be a citizen or national of a foreign country, or controlled directly or indirectly by citizens or nationals of a foreign country:
i. If 50 percent or more of the Contractor or subcontractor is owned by a citizen or a national of the foreign country;
ii. If the title to 50 percent of more of the stock of the Contractor or
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ATTACHMENT B CONTINUED
REQUIRED FEDERAL CONTRACT PROVISIONS
subcontractor is held subject to trust or fiduciary obligation in favor of citizens or nationals of the foreign country.
iii. If 50 percent or more of the voting power in the Contractor or subcontractor is vested in or exercisable on behalf of a citizen or national of the foreign country;
iv. In the case of a partnership, if any general partner is a citizen of the foreign country;
v. In the case of a corporation. If its presidents or other chief executive officer or the chairman of its board of directors is a citizen of the foreign country or the majority of any number of its directors necessary to constitute a quorum are citizens of the foreign country or the corporation is organized under the laws of the foreign country or any subdivision, territory, or possession thereof; or
vi. In case of a contractor or subcontractor who is a joint venture, if any participant firm is a citizen or national of a foreign country or meets any of the criteria in subparagraphs (A) 1 through 5 of this clause. “Product”, as used in this clause, means construction materials, i.e. articles, materials and supplies brought to the construction site for incorporation into the public works project, including permanently affixed equipment, instruments, utilities, electronic or other devices, but not including vehicles or construction equipment. In determining the origin of a product, the Subrecipient will consider a product as produce in a foreign country if it has been assembled or manufactured in the foreign country, or if the cost ofthe components mined, produced, or manufactured in the foreign country exceed 50 percent of the cost of all its components.
b. Restrictions. The Contractor shall not (1) knowingly enter into any subcontract under this contract with a subcontractor of a foreign country included on the list of countries that discriminate against U.S. firms published by the United States Trade Representative (see paragraph (C) of this clause, or (2) supply any product under this contract of a country included on the list of foreign countries that discriminate against U.S. firms published by the USTR.
c. USTR List. The USTR published an initial list in the Federal Register on December 30, 1987 (53 FR 49244), which identified one country-Japan. The USTR can add other countries to the list, or remove countries from it, in accordance with section 109 (C) of PUB. L. 100-102.
d. Certification. The Contractor may rely upon the certification of a prospective subcontractor that it is not a subcontractor of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR and that products supplied by such subcontractor for use on the Federal public works project under this contract are not products of a foreign country included on the list of
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ATTACHMENT B CONTINUED
REQUIRED FEDERAL CONTRACT PROVISIONS
foreign countries that discriminate against U.S. firms published by the USTR, unless such Contractor has knowledge that the certification is erroneous. e. Subcontractors. The Contractor shall incorporate this clause, modified only for the purpose of properly identifying the parties, in all subcontracts. This paragraph (E) shall also be incorporated in all subcontracts.
RIGHTS TO INVENTIONS (2 CFR Appendix II to Part 200 (F)) Any discovery or invention that arises during the course of the contract shall be reported to the Subrecipient. This clause requires the Contractor to disclose promptly inventions to the City (within 2 months) after the inventor discloses it in writing to Contractor personnelresponsible for patent matters. The awarding agency shall determine how rights in the invention/discovery shall be allocated consistent with "Government Patent Policy" and Title 37 C.F.R. § 401.
If the Federal award meets the definition of “funding agreement” under 37 C.F.R. §.401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of Title 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.
SECTION 109 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 (24 CFR 570.602)
Section 109 of the Act requires that no person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federalfinancial assistance made available pursuant to the Act. Section 109 also directs that the prohibitions against discrimination on the basis of age under the Age Discrimination Act and the prohibitions against discrimination on the basis of disability under Section 504 shall apply to programs or activities receiving Federal financial assistance under Title I programs. The policies and procedures necessary to ensure enforcement of section 109 are codified in 24 CFR part 6.
SECTION 3 ACT OF 1968 (12 U.S.C. 1701u and 24 CFR Part 135) For any HUD-funded contract with a value in excess of $100,000, Contractor and subcontractors must comply with the Section 3 Act of 1968. The purpose of Section 3 is to
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ATTACHMENT B CONTINUED
REQUIRED FEDERAL CONTRACT PROVISIONS
ensure that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, and consistent with existing Federal, State and local laws and regulations, be directed to low- and very low income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low- and very low-income persons. Section 3 is triggered when the normal completion of construction and rehabilitation projects creates the need for new employment, contracting, or training opportunities.
For any Section 3 Covered Contracts, Contractor and subcontractors must comply with all provisions of the Section 3 Act of 1968, contained under 24 CFR 135. Contractor and subcontractors must include the Section 3 Clause in its entirety, in every subcontract subject to compliance with regulations in 24 CFR 135.
Contractor and subcontractors must assure that to the greatest extent feasible, contracts for work to be performed in connection with the project are awarded to Section 3 Business Concerns. Contractor and subcontractors must post all new hire opportunities in accordance with 24 CFR 135.
TERMINATION FOR CAUSE & CONVENIENCE (2 CFR Appendix II to Part 200 (A) and (B))
Pursuant to 2 CFR Appendix II to Part 200 (A), Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, shall address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.
Pursuant to 2 CFR Appendix II to Part 200 (B), all contracts in excess of $10,000 shall address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. The Subrecipient shall have the right to terminate this contract for cause and convenience.
In the event of a failure by Contractor to satisfactorily perform the services specified herein and/or a default by Contractor in abiding by the other terms and conditions of this Contract, the Subrecipient may terminate the Contract on written notice to Contractor and Contractor shall be liable for all damages, costs, and expenses (including attorney fees) incurred by City related to this default. Such termination is in addition to and not in lieu of any other remedies that the Subrecipient may have in law or equity. Administrative remediesfor non-performance, violation or breach of contract terms, or termination of contract for default may include suspension and debarment. The Subrecipient may assessliquidated damagesfor failure to meet completion deadlines, contract breaches, or performance failures of the Contractor or its Subcontractors.
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ATTACHMENT B CONTINUED
REQUIRED FEDERAL CONTRACT PROVISIONS
Contractor shall be provided the opportunity to cure certain performance failures or instances of default as described in the contract documents. The legal dispute resolution process shall be as prescribed in the contract documents, and as required under applicable California and or Federal Law.
WHISTLEBLOWER PROTECTION ACT
Contractor, subcontractors, and employees working on this Project shall be subject 41 U.S.
Code § 4712, which requires that an employee of a contractor, subcontractor, grantee, or subgrantee or personal services contractor may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing information that the employee reasonably believes is evidence of gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of authority relating to a Federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant.
The Contractor shall inform its employees and subcontractors in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 41 U.S.C. 4712, as described in section 3.908 of the Federal Acquisition Regulation. The Contractor shall insert the substance of this clause, including this paragraph, in all subcontracts providing services for this Project.
GRANTEE REPORTING
Grantee, sub-recipients, consultants, contractors and their sub-contractors shall be subject to requirements as established by 24 CFR 85.36 and 24 CFR 570.502. Said statutes include requirements for regular reporting to the granting agency, patent rights related to discovery or inventions during the project, copyrights and rights in data, and making all files associated with the project to be made available to the granting agency and other authorities having jurisdiction.
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ATTACHMENT B
Federal Labor Standards Provisions U.S. Department of Housing and Urban Development
Office of Labor Relations
Applicability
The Project or Program to which the construction work
covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract
pursuant to the provisions applicable to such Federal
assistance.
A. 1. (i) Minimum Wages. All laborers and mechanics
employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account
(except such payroll deductions as are permitted by
regulations issued by the Secretary of Labor under the
Copeland Act (29 CFR Part 3), the full amount of wages
and bona f ide fringe benefits (or cash equivalents thereof) due at t ime of payment computed at rates not less than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a
part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or
costs reasonably anticipated for bona f ide fringe benefits under Section l (b)( 2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR
5. 5(a)(1 )(iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which
cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5. 5( a)( 4).
Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the t ime actually worked therein:
Provided, That the employer’ s payroll records accurately set forth the t ime spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5. 5 (a)(1 )(ii) and the Davis-Bacon poster (WH1321 ) shall be posted at all t imes by the contractor and i ts subcontractors at the site of the work in a prominent and accessible, place where i t can be easily seen by the
workers.
(ii) (a) Any class of laborers or mechanics which is not l isted in the wage determination and which is to be
employed under the contract shall be classified in
conformance with the wage determination. HUD shall
approve an additional classification and wage rate and
fringe benefits therefor only when the following criteria have been met:
(1) The work to be performed by the classification
requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the
construction industry; and
(3) The proposed wage rate, including any bona f ide
fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.
(b) I f the contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and HUD or i ts designee agree on the
classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or i ts designee to the Administrator of the W age and Hour Division,
Employment Standards Administration, U. S. Department of Labor, W ashington, D. C. 20210. The Administrator, or an authorized representative, will approve, modify, or
disapprove every additional classification action within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30 -day period that additional t ime is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-
0140.)
(c) In the event the contractor, the laborers or mechanics to be employed in the classification or their
representatives, and HUD or i ts designee do not agree on the proposed classification and wage rate (including the amount designated for f ringe benefits, where appropriate), HUD or i ts designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or i ts designee, to the Administrator for
determination. The Administrator, or an authorized
representative, will issue a determination within 30 days of receipt and so advise HUD or i ts designee or will notify HUD or i ts designee within the 30-day period that
additional t ime is necessary. (Approved by the Office of Management and Budget under OMB Control Number
1215 -0140.)
(d) The wage rate (including fringe benefits where
appropriate) determined pursuant to subparagraphs
(1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the f i rst day on which work is performed in the classification.
(iii) W henever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona f ide fringe benefit or an hourly cash equivalent thereof.
(iv) I f the contractor does not make payments to a trustee or other third person, the contractor may consider as part Previous editions are obsolete Page 1 of 5
form HUD-4010 (06/2009)
ref. Handbook 1344.1
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of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona f ide fringe benefits under a plan or program, Provided, That the
Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the DavisBacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and
Budget under OMB Control Number 1215- 0140.)
1. Withholding. HUD or i ts designee shall upon i ts own action or upon written request of an authorized
representative of the Department of Labor withhold or
cause to be withheld from the contractor under this
contract or any other Federal contract with the same prime contractor, or any other Federally-assisted contract
subject to Davis-Bacon prevailing wage requirements,
which is held by the same prime contractor so much of the accrued payments or advances as may be considered
necessary to pay laborers and mechanics, including
apprentices, trainees and helpers, employed by the
contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or i ts designee may, after written notice to the contractor,
sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such
violations have ceased. HUD or i ts designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or
subcontractor to the respective employees to whom they
are due. The Comptroller General shall make such
disbursements in the case of direct Davis-Bacon Act
contracts.
2. (i) Payrolls and basic records. Payrolls and basic
records relating thereto shall be maintained by the
contractor during the course of the work preserved for a period of three years thereafter for all laborers and
mechanics working at the site of the work. Such records shall contain the name, address, and social security
number of each such worker, his or her correct
classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona f ide fringe benefits or cash equivalents thereof of the types described in Section l(b)(2 )(B) of the Davis-bacon Act), daily and weekly number of hours worked, deductions made and
actual wages paid. W henever the Secretary of Labor has found under 29 CFR 5. 5 ( a)(1 )(iv) that the wages of any laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan or program described in Section l (b)(2 )(B) of the DavisBacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is
enforceable, that the plan or program is f inancially
responsible, and that the plan or program has been
Previous editions are obsolete
communicated in writing to the laborers or mechanics
affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits.
Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of
Management and Budget under OMB Control Numbers
1215 -0140 and 1215- 0017.)
(ii) ( a) The contractor shall submit weekly for each week in which any contract work is performed a copy of all
payrolls to HUD or i ts designee i f the agency is a party to the contract, but i f the agency is not such a party, the contractor will submit the payrolls to the applicant
sponsor, or owner, as the case may be, for transmission to HUD or i ts designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5. 5( a)( 3)(i) except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e. g., the last four digits of the employee’ s social security number). The required weekly payroll
information may be submitted in any form desired.
Optional Form W H-347 is available for this purpose from the W age and Hour Division W eb site at
http:// www. dol. gov/ esa/whd/forms/ wh347instr. htm or i ts successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full
social security number and current address of each
covered worker, and shall provide them upon request to
HUD or i ts designee i f the agency is a party to the
contract, but i f the agency is not such a party, the
contractor will submit the payrolls to the applicant
sponsor, or owner, as the case may be, for transmission to HUD or i ts designee, the contractor, or the W age and Hour Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage requirements. I t is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime
contractor for i ts own records, without weekly submission to HUD or i ts designee. (Approved by the Office of
Management and Budget under OMB Control Number
1215 -0149.)
(b) Each payroll submitted shall be accompanied by a
“Statement of Compliance,” signed by the contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract
and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5. 5
(a)(3)(ii), the appropriate information is being maintained under 29 CFR 5. 5( a)(3)(i), and that such information is correct and complete;
form HUD-4010 (06/2009)
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(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages
earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or
indirectly from the full wages earned, other than
permissible deductions as set forth in 29 CFR Part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination
incorporated into the contract.
(c) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the “Statement of Compliance” required by subparagraph
A. 3.(ii)(b).
(d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section
231 of Title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the
records required under subparagraph A. 3.(i) available for inspection, copying, or transcription by authorized
representatives of HUD or i ts designee or the Department of Labor, and shall permit such representatives to
interview employees during working hours on the job. I f the contractor or subcontractor fails to submit the required records or to make them available, HUD or i ts designee may, after written notice to the contractor, sponsor,
applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records
available may be grounds for debarment action pursuant to 29 CFR 5.12.
3. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they
performed when they are employed pursuant to and
individually registered in a bona f ide apprenticeship
program registered with the U. S. Department of Labor,
Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the
Office, or i f a person is employed in his or her f i rst 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually
registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency ( where
appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to
journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker l isted on a payroll at an apprentice wage rate, who Previous editions are obsolete
is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the
applicable wage rate on the wage determination for the
work actually performed. Where a contractor is performing construction on a project in a locality other than that in which i ts program is registered, the ratios and wage rates (expressed in percentages of the journeyman’ s hourly
rate) specified in the contractor’ s or subcontractor’ s registered program shall be observed. Every apprentice
must be paid at not less than the rate specified in the registered program for the apprentice’ s level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. I f the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits l isted on the wage determination for the applicable
classification. I f the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State
Apprenticeship Agency recognized by the Office,
withdraws approval of an apprenticeship program, the
contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is
approved.
(ii) Trainees. Except as provided in 29 CFR 5. 16,
trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant ‘ , to and individually registered in a program which has received prior approval, evidenced by formal certification by the U. S. Department of Labor,
Employment and Training Administration. The ratio of
trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the
Employment and Training Administration. Every trainee
must be paid at not less than the rate specified in the approved program for the trainee’ s level of progress,
expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the
provisions of the trainee program. I f the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits l isted on the wage
determination unless the Administrator of the Wage and
Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman
wage rate on the wage determination which provides for
less than full fringe benefits for apprentices. Any
employee l isted on the payroll at a trainee rate who is not registered and participating in a training plan approved by form HUD-4010 (06/2009)
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the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the
event the Employment and Training Administration
withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment
opportunity requirements of Executive Order 11246, as
amended, and 29 CFR Part 30.
4. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract
5. Subcontracts. The contractor or subcontractor will
insert in any subcontracts the clauses contained in
subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or i ts designee may by appropriate instructions require, and a copy of the applicable
prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower t ier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower t ier
subcontractor with all the contract clauses in this
paragraph.
6. Contract termination; debarment. A breach of the
contract clauses in 29 CFR 5. 5 may be grounds for
termination of the contract and for debarment as a
contractor and a subcontractor as provided in 29 CFR
5. 12.
7. Compliance with Davis-Bacon and Related Act Requirements.
All rulings and interpretations of the Davis-Bacon and
Related Acts contained in 29 CFR Parts 1, 3, and 5 are
herein incorporated by reference in this contract
8. Disputes concerning labor standards. Disputes
arising out of the labor standards provisions of this
contract shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of
Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes
within the meaning of this clause include disputes between the contractor (or any of i ts subcontractors) and HUD or i ts designee, the U. S. Department of Labor, or the
employees or their representatives.
9. (i) Certification of Eligibility. By entering into this contract the contractor certifies that neither i t ( nor he or she) nor any person or f i rm who has an interest in the contractor’ s f i rm is a person or f i rm ineligible to be awarded Government contracts by virtue of Section 3 (a) of the Davis-Bacon Act or 29 CFR 5. 12 (a)(1 ) or to be
awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24.
(ii) No part of this contract shall be subcontracted to any person or f i rm ineligible for award of a Government
contract by virtue of Section 3 (a) of the Davis-Bacon Act or 29 CFR 5. 12( a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24 . (iii) The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U. S. C. 1001. Additionally, U. S. Criminal Code, Section 1 01 0, Title 18, U.S.C.,
“Federal Housing Administration transactions”, provides in part: “W hoever, for the purpose of . . . influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be f ined not more than $5, 000 or imprisoned not more than two years, or both.”
10. Complaints, Proceedings, or Testimony by
Employees. No laborer or mechanic to whom the wage,
salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any
subcontractor because such employee has f i led any
complaint or instituted or caused to be instituted any
proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards
applicable under this Contract to his employer.
B. Contract Work Hours and Safety Standards Act. The
provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms “laborers” and “mechanics” include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives
compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek.
(2) Violation; l iability for unpaid wages; l iquidated damages. In the event of any violation of the clause set forth in subparagraph (1 ) of this paragraph, the contractor and any subcontractor responsible therefor shall be l iable for the unpaid wages. In addition, such contractor and
subcontractor shall be l iable to the United States (in the case of work done under contract for the District of
Columbia or a territory, to such District or to such
territory), for l iquidated damages. Such l iquidated
damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards,
employed in violation of the clause set forth in
subparagraph ( 1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth in sub paragraph ( 1) of this paragraph.
Previous editions are obsolete
form HUD-4010 (06/2009)
ref. Handbook 1344.1
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Attachment: Franklin Street PW Srvcs Agmt with CVA updated (Public Works Services Agmt wtih Central Valley Asphalt re Franklin St 01159.0006/297008.1
B-1
(3) Withholding for unpaid wages and liquidated
damages. HUD or i ts designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally- assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be
determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in
subparagraph ( 1) through (4 ) of this paragraph and also a clause requiring the subcontractors to include these
clauses in any lower t ier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower t ier subcontractor with the clauses set forth in subparagraphs (1) through ( 4) of this paragraph.
C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are
unsanitary, hazardous, or dangerous to his health and
safety as determined under construction safety and health standards promulgated by the Secretary of Labor by
regulation.
(2) The Contractor shall comply with all regulations
issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of
sanctions pursuant to the Contract W ork Hours and Safety Standards Act, (Public Law 91- 54, 83 Stat 96). 40 USC
3701 et seq.
(3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall
take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the
Secretary of Labor shall direct as a means of enforcing such provisions.
4.K.3
Attachment: Franklin Street PW Srvcs Agmt with CVA updated (Public Works Services Agmt wtih Central Valley Asphalt re Franklin St C
-1
Previous editions are obsolete
4.K.3
Attachment: Franklin Street PW Srvcs Agmt with CVA updated (Public Works Services Agmt wtih Central Valley Asphalt re Franklin St C- 1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates on the Bid Sheet submitted as part of Contractor’s Proposal, incorporated herein by this reference.
II. A retention of five percent (5%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.
III. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the Contract Officer, funds may be shifted from one item’s sub budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10.
IV. The City will compensate Contractor for the work performed upon submission of a valid invoice pursuant to Section 2.4.
V. Additional work shall be authorized only by a change order approved by the City Manager or City Council. Line item costs shall be used to determine quantity adjustment changes.
Otherwise, markups on such work shall be limited as follows:
• Labor: 30%
• Materials: 10%
• Equipment: 10%
4.K.3
Attachment: Franklin Street PW Srvcs Agmt with CVA updated (Public Works Services Agmt wtih Central Valley Asphalt re Franklin St 01159.0006/297008.1 D- 1
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. The Contractor shall begin work within Fourteen (14) calendar days after receipt of official Notice to Proceed from the Owner, unless otherwise mutually agreed to in writing between the Contractor and the City of Arvin.
II. Contractor shall perform all work timely in accordance with the following schedule:
The Contractor shall substantially complete all work within ninety (90) calendar days unless the period for completion is extended otherwise by the Contract Documents.
The work shall be finally complete within an additional thirty (30) calendar days. The Contractor shall diligently prosecute the work to completion on or before the completion date indicated on the Notice to Proceed.
A. Work shall only be performed between the hours of 7:00 a.m. and 7:00 p.m., on weekdays.
B. Work shall not be performed on Saturdays, Sundays or legal holidays.
C. Exceptions to the above hours of work will be permitted only after obtaining written authorization from the City Engineer.
I. Contractor shall deliver the following tangible work products to the City by the following dates.
A. N/A
II. The Contract Officer may approve extensions for performance of the services in accordance with Special Provisions, Part I, Section 01 31 19.
III. THE GRANT DEADLINE TO COMPLETE ALL WORK IS AUGUST 1, 2023.
ALL FINAL INVOICES MUST BE SUBMITTED TO THE CITY OF ARVIN NO LATER THAN AUGUST 7, 2023.
4.K.3
Attachment: Franklin Street PW Srvcs Agmt with CVA updated (Public Works Services Agmt wtih Central Valley Asphalt re Franklin St 01159.0006/297008.1 E- 1
EXHIBIT “E”
PUBLIC CONTRACT CODE SEC. 9204
NEW PUBLIC WORKS CLAIMS
PROCEDURE
AB 626, signed by the Governor on September 29, 2016, created a new Public Contract Code Section 9204, which specifies new procedural requirements for claims submitted by a contractor on any public works project. These new requirements contain burdens for both private contractors and public entities. The text of this new legislation is set forth below:
Public Contract Code § 9204.
Legislative findings and declarations regarding timely and complete payment of contractors for public works projects; claims process
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a
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Attachment: Franklin Street PW Srvcs Agmt with CVA updated (Public Works Services Agmt wtih Central Valley Asphalt re Franklin St 01159.0006/297008.1 E- 2
charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the
4.K.3
Attachment: Franklin Street PW Srvcs Agmt with CVA updated (Public Works Services Agmt wtih Central Valley Asphalt re Franklin St 01159.0006/297008.1 E- 3
claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits
4.K.3
Attachment: Franklin Street PW Srvcs Agmt with CVA updated (Public Works Services Agmt wtih Central Valley Asphalt re Franklin St 01159.0006/297008.1 E- 4
of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tiersubcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2021. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
4.K.3
Attachment: Franklin Street PW Srvcs Agmt with CVA updated (Public Works Services Agmt wtih Central Valley Asphalt re Franklin St City of Arvin
Franklin Street Reconstruction Project
Performance Bond
PRBD - 1
Performance Bond
WHEREAS, the CITY OF ARVIN, (“City”), has awarded to
DOUG ROSS, INC. DBA CENTRAL VALLEY ASPHALT as Contractor (“Principal”), a Contract for the work entitled and described as follows:
FRANKLIN STREET RECONSTRUCTION PROJECT
WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of TWO-MILLION-THREE HUNDRED
FIFTEEN-THOUSAND-THREE HUNDRED-FORTY-EIGHT DOLLARS AND NINE CENTS ($ 2,315,348.09), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things stand and abide by, well and truly keep and perform all undertakings, terms, covenants, conditions, and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.
Executed in four original
counterparts on 20 .
PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal)
4.K.3
Attachment: Franklin Street PW Srvcs Agmt with CVA updated (Public Works Services Agmt wtih Central Valley Asphalt re Franklin St City of Arvin
Franklin Street Reconstruction Project
Performance Bond
PRBD - 2
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of
process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.
4.K.3
Attachment: Franklin Street PW Srvcs Agmt with CVA updated (Public Works Services Agmt wtih Central Valley Asphalt re Franklin St City of Arvin
Franklin Street Reconstruction Project
Payment Bond
PYBD - 1
Payment Bond
(Labor and Material Bond)
WHEREAS, the CITY OF ARVIN, (“City”), has awarded to
as Contractor (“Principal”), a Contract for the work
entitled and described as follows:
FRANKLIN STREET RECONSTRUCTION PROJECT
WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum TWO-MILLION-THREE HUNDRED FIFTEENTHOUSAND-THREE HUNDRED-FORTY-EIGHT DOLLARS AND NINE CENTS ($ 2,315,348.09), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any work, materials, services, provisions, provender, or other supplies, or for the use of implements of machinery, used in, upon, for, or about the performance of the work to be done, or for any work or labor thereon of any kind; (2) for work performed by any of the persons named in Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract; and/or (4) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon the bond. Moreover, if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.
Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.
4.K.3
Attachment: Franklin Street PW Srvcs Agmt with CVA updated (Public Works Services Agmt wtih Central Valley Asphalt re Franklin St City of Arvin
Franklin Street Reconstruction Project
Payment Bond
PYBD - 2
Executed in four original
counterparts on , 20 .
PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:
No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.
4.K.3
Attachment: Franklin Street PW Srvcs Agmt with CVA updated (Public Works Services Agmt wtih Central Valley Asphalt re Franklin St City of Arvin
Franklin Street Reconstruction Project
Contractor’s Certificate Regarding Worker’sCompensation CCRWC - 1
Contractor’s Certificate Regarding Worker’s Compensation Description of Contract:
City of Arvin
FRANKLIN STREET RECONSTRUCTION PROJECT
Labor Code Section 3700 Provides (in part):
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to selfinsure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees."
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
Dated: , 20
(Contractor)
By
(Official Title)
(SEAL)
(Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the City prior to performing any work under this contract.)
4.K.3
Attachment: Franklin Street PW Srvcs Agmt with CVA updated (Public Works Services Agmt wtih Central Valley Asphalt re Franklin St City of Arvin
Franklin Street Reconstruction Project
Certificate of Insurance
CCRWC - 2
Certificate of Insurance
Description of Contract: City of Arvin
FRANKLIN STREET RECONSTRUCTION PROJECT
Type of Insurance: Workers' Compensation and
Employers' Liability Insurance
THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner.
The Company will give at least 30 days' written notice to the City and Engineer/Architect priorto any cancellation of said policy.
POLICY NUMBER EXPIRATION DATE LIMITS OFLIABILITY
Workers' Compensation:
Statutory Limits Under the Laws
of the State of California
Employers' Liability:
$ Each Accident
$
Policy Limit
$
Each Employee
Disease -
Disease -
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON NEXT PAGE)
4.K.3
Attachment: Franklin Street PW Srvcs Agmt with CVA updated (Public Works Services Agmt wtih Central Valley Asphalt re Franklin St City of Arvin
Franklin Street Reconstruction Project
Certificate of Insurance
CCRWC - 3
Insurance Company Agent for Service
of Process in California:
Name
Agency
Street Number
City and State
Telephone Number
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed herein.
This is to certify that the policy has been issued to the named insured for the policy period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions of such policy.
NOTICE:
No substitution or revision to the above certificate form will be accepted. If the insurance called for is provided by more than one insurance company, a separate certificate in the exact above form shall be provided for each insurance company.
4.K.3
Attachment: Franklin Street PW Srvcs Agmt with CVA updated (Public Works Services Agmt wtih Central Valley Asphalt re Franklin St City of Arvin
Franklin Street Reconstruction Project
Insurance Endorsement
CCRWC - 4
Insurance Endorsement
Description of Contract: City of Arvin
FRANKLIN STREET RECONSTRUCTION PROJECT
Type of Insurance: Workers' Compensation and
Employers' Liability Insurance
This endorsement forms a part of Policy No. .
ENDORSEMENT
It is agreed that with respect to such insurance as is afforded by the policy, the Company waives any right of subrogation it may acquire against the City, the Engineer/Architect, the City's Representative, and their consultants, and each of their directors, officers, volunteers and employees by reason of any payment made on account of injury, including death resulting therefrom, sustained by any employee of the insured, arising out of the performance of the abovereferenced contract.
The additional premium for this endorsement shall be %* of the California Workers' Compensation premium otherwise due on such remuneration.
This endorsement does not increase the Company's total limits of liability.
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON PAGE 2)
* - Contractor's insurance company to fill in this percentage.
NOTICE:
No substitution or revision to the above endorsement form will be accepted. If the insurance called for is provided by more than one policy, a separate endorsement in the exact above form shall be provided for each policy.
4.K.3
Attachment: Franklin Street PW Srvcs Agmt with CVA updated (Public Works Services Agmt wtih Central Valley Asphalt re Franklin St City of Arvin
Franklin Street Reconstruction Project
Insurance Endorsement
CCRWC - 5
Certificate of Insurance
Description of Contract: City of Arvin
FRANKLIN STREET RECONSTRUCTION PROJECT
Type of Insurance: Liability Insurance
THIS IS TO CERTIFY that the following policies have been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and are in force at this time:
POLICY EXPIRATION LIMITS OF LIABILITY
NUMBER DATE In Thousands (000)
A. GENERAL LIABILITY
General Aggregate
Products-Comp Ops
Aggregate
$
$
Personal and
Advertising
Injury $
Each Occurrence
Fire Damage
(any one fire)
Medical Expense
(any one person)
$
$
B. EXCESS GENERAL LIABILITY
Each
Occurrence
$
Article I. Aggregate
$
C. AUTOMOBILE LIABILITY
Bodily Injury
(Each Person)
Bodily Injury
(Each Accident
Property Damage
$
$
$
Or
Bodily Injury and
Property Damage
Combined Single Limit $
D. Article II. EXCESS
AUTOMOBILE LIABILITY
Each
Occurrence
$
Article III. Aggregate
$
4.K.3
Attachment: Franklin Street PW Srvcs Agmt with CVA updated (Public Works Services Agmt wtih Central Valley Asphalt re Franklin St City of Arvin
Franklin Street Reconstruction Project
Insurance Endorsement
CCRWC - 6
The following types of coverage are included in said policies (indicate by "X" in space):
A. GENERAL LIABILITY
Commercial Form ............................................................................ YES NO Premises-Operations ........................................................................ YES NO Explosion and Collapse Hazard....................................................... YES NO Underground .................................................................................... YES NO Products/Completed Operations ...................................................... YES NO Contractual Insurance ...................................................................... YES NO Broad Form Property Damage......................................................... YES NO Independent Contractors .................................................................. YES NO Personal Injury and Advertising Injury ........................................... YES NO B. EXCESS GENERAL LIABILITY
Following Form .............................................................................. YES NO C. AUTOMOBILE LIABILITY
Business Auto Form Including Loading and Unloading ................. YES NO Owned.............................................................................................. YES NO Hired ................................................................................................ YES NO Non-Owned...................................................................................... YES NO D. EXCESS AUTOMOBILE LIABILITY
Following Form ............................................................................... YES NO
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Attachment: Franklin Street PW Srvcs Agmt with CVA updated (Public Works Services Agmt wtih Central Valley Asphalt re Franklin St City of Arvin
Franklin Street Reconstruction Project
Insurance Endorsement
CCRWC - 7
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the policies listed herein.
This is to certify that the policy has been issued to the named insured for the policy period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such policies.
The Company will give at least 30 days' written notice to the City and the Engineer/Architect prior to any cancellation of said policies.
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON NEXT PAGE)
Insurance Company Agent for Service
of Process in California:
Name
Agency
Street Number
City and State
Telephone Number
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Attachment: Franklin Street PW Srvcs Agmt with CVA updated (Public Works Services Agmt wtih Central Valley Asphalt re Franklin St City of Arvin
Franklin Street Reconstruction Project
Insurance Endorsement
CCRWC - 8
NOTICE:
No substitution or revision to the above certificate form will be accepted. If the insurance called for is provided by more than one insurance company, a separate certificate in the exact above form shall be provided for each insurance company.
Insurers must be authorized to do business and have an agent for service of process in California and have a "B+" policyholder's rating and a financial rating of at least Class VIII in accordance with the most current Best's Rating.
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Attachment: Franklin Street PW Srvcs Agmt with CVA updated (Public Works Services Agmt wtih Central Valley Asphalt re Franklin St
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Staff Report Ordinance Amending Title 8 To Permit A Limited Number of Store Front Sales of Commercial Cannabis.
CITY OF ARVIN
Staff Report
Meeting Date: March 28, 2023
TO: City Council
FROM: Jake Raper, Consultant Planner
Jeffrey Jones, City Manager
SUBJECT: An Ordinance of the City Council of the City of Arvin Amending Ordinance 2022-479 Which Established Title 8, Chapter 8.29, Section 8.29.05 Commercial Cannabis Activity of the Arvin Municipal Code To Permit a Limited Number of Type 10 or Type 12 Store Front Sales of Commercial Cannabis and may permit Store Front Sales in the Industrial, Agricultural and Bear Mountain Central Business District.
BACKGROUND:
The City Council adopted Ordinance No. 479 on March 22, 2022 establishing Chapter 8.29 Marijuana, Section 8.29.05 Commercial Cannabis Activity and said Ordinance became effective on April 22, 2022. The City Council is requested to further amend Ordinance No. 2022-479 to permit a limited number of Type 10 or Type 12 Store Front Sales of Commercial Cannabis.
The public hearing notice for this item was published in the Bakersfield Californian on March 03, 2023 in accordance with Government Code 36933. The proof of publication of the public notice is on file in the Arvin City Clerk’s office.
DISCUSSION:
The number of permitted Store Front Sales is recommended to be limited to a ratio of one store front sales per 10,000 population or portion thereof. The proposed amendments will allow two and up to three Store Front Sales to be established within the City of Arvin based upon the current population of 19,522. The location of the Store Front Sales is limited per the existing ordinance and restricts the locations to the Industrial, M-1, M-2, and M-3, Zones and the Agricultural, A-1- A-2, Zones and may be permitted within the Bear Mountain Central Business District as established by Chapter 17.68. Minor amendments proposed will not require the Store Front Operation site to be fenced but will require all existing security measures per the existing ordinance. The amendments will not eliminate the safeguards nor reduce operational standards required by State Law, current ordinances, or proposed ordinance amendments.
The proposed ordinance amendment for the selection of a Store Front Sales applicant will require the submittal of an application “Proposal for Operation and Contribution to Community Benefit”.
Due to the limited number of Store Front Sales, it is anticipated that there will be more than two interested in obtaining the Store Front Sales allocation. The proposed ordinance amendment
5.A.1
Attachment: 1 - Staff Report Ordinance Amending Title 8 Store Front Sales Commercial Cannabis_032823 (Public Hearing - First Reading
Staff Report Ordinance Amending Title 8 To Permit A Limited Number of Store Front Sales of Commercial Cannabis.
requires the applicant to be selected by the City Manager and approval of the Proposal for Operation and Contribution to Community Benefit prior to the submittal of a Commercial Cannabis Application. Further the code amendment will continue to retain the definitions, enforcement, violations, insurance coverage limits, application review and approval procedures.
In addition, all other commercial cannabis activity, including but not limited to cultivation, delivery, and dispensing, not specifically allowed by the Ordinance shall be prohibited. Personal cannabis activity, both recreational and medical, shall remain governed by the requirements of Chapter 8.29 of Title 8 of the Arvin Municipal Code.
The proposed amendments, Attachment 1- Inserted Proposed Text Amendments to Ordinance No. 479, have been underlined, Bolded and highlighted in yellow, and have been inserted into Ordinance No. 2022-479 so that the proposed amendments may be distinguished from the existing ordinance.
ENVIRONMENTAL:
The proposed ordinance amendment is exempt from the California Environmental Quality Act ("CEQA") because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment, as this Ordinance merely amends the Arvin Municipal Code to establish new and amended procedures and requirements for the permitting and regulation of certain commercial cannabis activities, the environmental impacts of which will be assessed on a use-specific basis. (CEQA Guidelines § 15061(b)(3)). Furthermore, the City Council finds and determines the Ordinance would also be subject to Categorical Exemptions under CEQA Guidelines sections 15307 and 15308, as it consists of regulations and restrictions on activities to assure the maintenance, restoration, or enhancement of natural resources and the environment by prohibiting environmentally destructive components of unregulated cannabis cultivation. (CEQA Guidelines §§ 15307 and 15308.) Finally, none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines Section 15300.2 apply to this Ordinance. Upon adoption of the ordinance, it is recommended that the City Clerk file the Notice of Exemption with the Kern County Clerk’s Office.
RECOMMENDATION:
Staff recommends the City Council open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve the introduction of an Ordinance of the City Council of the City of Arvin Amending Ordinance 2022-479 Which Established Title 8, Chapter
8.29, Section 8.29.05 Commercial Cannabis Activity of the Arvin Municipal Code To Permit a Limited Number of Type 10 or Type 12 Store Front Sales of Commercial Cannabis and may permit Store Front Sales in the Industrial, Agricultural and Bear Mountain Central Business District.
FISCAL IMPACT:
There were consultant staff costs involved in the preparation of the Ordinance amendment. A separate fee and cost recovery for all Commercial Cannabis applications were previously adopted and the application fee and cost recovery fees are anticipated to be full cost recovery for future Commercial Cannabis applications. The overall impact of the Ordinance is anticipated to have a positive financial impact by encouraging an increase in retail sales tax. In addition, the existing ordinance requires the forward payment of $25,000.00 per quarter for each Commercial Cannabis permit issued by the City Manager. This payment is to be credited against the future Commercial
5.A.1
Attachment: 1 - Staff Report Ordinance Amending Title 8 Store Front Sales Commercial Cannabis_032823 (Public Hearing - First Reading
Staff Report Ordinance Amending Title 8 To Permit A Limited Number of Store Front Sales of Commercial Cannabis.
Cannabis Tax as established by Tile III, Chapter 3.19 Commercial Cannabis Tax. In addition, in as much as the City has limited the total Commercial Cannabis square footage and limited the Type 12 Microbusiness to 10, the failure to implement and operate an approved Commercial Cannabis permit within two (2) years the forward payment will not be entitled to a refund.
EXHIBIT:
Ordinance No. 479, adopted on March 22, 2022, establishing Chapter 8.29 Marijuana, Section
8.29.05 Commercial Cannabis Activity and said ordinance became effective on April 21, 2022.
The City Council is requested to further amend Ordinance No. 2022-479 to permit a limited number of Type 10 or Type 12 Store Front Sales of Commercial Cannabis.
ATTACHMENTS:
1- Inserted Proposed Text Amendments to Ordinance No. 479 2- Public Hearing Notice: On file at the City Clerk’s Office 3- Notice of Exemption – Store Front Sales Commercial Cannabis 4- Application Operational and Contribution to Community Benefit
5.A.1
Attachment: 1 - Staff Report Ordinance Amending Title 8 Store Front Sales Commercial Cannabis_032823 (Public Hearing - First Reading
Ordinance Amending Title 8 to Permit A Limited Number of Type 10 & Type 12 Store Front Sales of Commercial Cannabis.
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARVIN
AMENDING ORDINANCE 2022-479 WHICH ESTABLISHED TITLE 8,
CHAPTER 8.29, SECTION 8.29.05 COMMERCIAL CANNABIS
ACTIVITY OF THE ARVIN MUNICIPAL CODE TO PERMIT A LIMITED NUMBER OF TYPE 10 AND TYPE 12 STORE FRONT SALES OF
COMMERCIAL CANNABIS AND MAY PERMIT STORE FRONT SALES
IN THE INDUSTRIAL, AGRICULTURAL AND BEAR MOUNTAIN
CENTRAL BUSINESS DISTRICT.
WHEREAS, the City of Arvin ("the City") has the authority under Article XI, Section 7 of the California Constitution, to enact regulations for the public peace, morals, and welfare of the City; and
WHEREAS, on March 22, 2022, the City Council adopted Ordinance No. 2022-479 establishing Chapter 8.29 Marijuana, Section 8.29.05 Commercial Cannabis Activity and said ordinance became effective on April 22, 2022; and
WHEREAS, the City Council desires to further amend Ordinance No. 2022-479 to permit a limited number of Type 10 or Type 12 Store Front Sales of Commercial Cannabis; and WHEREAS, the City Council desires to further amend Ordinance No. 2022-479 to permit Store Front Sales within the Industrial, Agricultural, and Bear Mountain Central Business District as established by Chapter 17.68; and
WHEREAS, all citations and references stated and referenced in the adoption of Ordinance 2022-479 are hereby incorporated herein; and
WHEREAS, the City has a compelling interest in protecting the public health, safety, and welfare of its citizens, residents, visitors and businesses, and in preserving the peace and quiet of the neighborhoods within the City by regulating commercial cannabis activities; and WHEREAS, based on the foregoing and pursuant to the above-described express statutory authority and its police power, the City desires to explicitly prohibit certain cannabis activities, outdoor cultivation (for both medicinal and adult-use), and to enact reasonable regulations for other commercial cannabis activities in order to protect and promote public health, safety and welfare; and
WHEREAS, the City Council now sees fit to further amend Ordinance No. 2022-479, establishing limited opportunity for Type 10 or Type 12 Store Front Sales of Commercial Cannabis and further amending and adding new regulatory language within Chapter 8.29 "Commercial Cannabis Activity" of the Arvin Municipal Code, and to amend and supplement the regulations imposed by said chapter on commercial cannabis businesses and applicants in the City; and
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Attachment: 2 - Ordinance Amending Title 8 Store Front Sales Commercial Cannabis_032823 (Public Hearing - First Reading Ordinance
Ordinance Amending Title 8 to Permit A Limited Number of Type 10 & Type 12 Store Front Sales of Commercial Cannabis.
WHEREAS, nothing in this Ordinance shall be construed to: (1) allow any person to engage in conduct that endangers others or causes a public nuisance; or (2) allow any activity relating to the cultivation, manufacturing, testing, distribution, or consumption of cannabis which is illegal under state or federal law; and
WHEREAS, all legal prerequisites to the adoption of this ordinance have occurred.
NOW THEREFORE, the City Council of the City of Arvin does hereby ordain as follows:
SECTION 1. The above recitals are true and correct and are incorporated herein.
SECTION 2. The City Council finds and determines that the Ordinance is exempt from the California Environmental Quality Act ("CEQA") because it can be seen with certainty that there is no possibility that it will have a significant effect on the environment, as this Ordinance merely amends the Arvin Municipal Code to establish new and amended procedures and requirements for the permitting and regulation of certain commercial cannabis activities, the environmental impacts of which will be assessed on a use-specific basis. (CEQA Guidelines § 15061(b)(3)). Furthermore, the City Council finds and determines the Ordinance would also be subject to Categorical Exemptions under CEQA Guidelines sections 15307 and 15308, as it consists of regulations and restrictions on activities to assure the maintenance, restoration, or enhancement of natural resources and the environment by prohibiting environmentally destructive components of unregulated cannabis cultivation. (CEQA Guidelines §§ 15307 and 15308.) Finally, none of the exceptions to Categorical Exemptions set forth in the CEQA Guidelines Section 15300.2 apply to this Ordinance. Therefore, the City Council also adopts Categorical Exemptions for this Ordinance, pursuant to CEQA Guidelines sections 15307 and 15308.
SECTION 3. Chapter 8.29 Marijuana of the Arvin Municipal Code, entitled "Marijuana” Section 8.29.05 Commercial Cannabis Activity," as added to the Arvin Municipal Code by City Ordinance No.2022-479 adopted March 22, 2022. and is amended to read as follows:
Chapter 8.29 MARIJUANA
SECTION 8.29.05 COMMERCIAL CANNABIS ACTIVITY
1. Section 8.29.05.04 - Permitted Types of Commercial Cannabis Businesses, subsection a 16 and 18 is amended and subsection 22 is added to read as follows:
16. Type 10 = Retailer (subject to Section 8.29.050, i.e. delivery only). See below for exception.
18. Type 12 = Microbusiness (subject to Sections 8.29.05.04(c) and 8.29.050). See below for exception.
5.A.2
Attachment: 2 - Ordinance Amending Title 8 Store Front Sales Commercial Cannabis_032823 (Public Hearing - First Reading Ordinance
Ordinance Amending Title 8 to Permit A Limited Number of Type 10 & Type 12 Store Front Sales of Commercial Cannabis.
22. Types 10 and 12 Retailer – Store Front Sales: "Storefront sales" means the retail sale of cannabis or cannabis products directly to customers from a storefront, dispensary, or other permanent building or structure, or in any manner that does not constitute delivery.
2. Section 8.29.05.04 - Permitted Types of Commercial Cannabis Businesses, subsection d is added as follow:
d. The number of Store Front Sales: One Store Front Sales per 10,000 population or portion thereof. NOTE: Based upon this ration the City population would permit two (2) possible three (3) Store Front Sales. The City of Arvin's 2020 Population is 19,552 – The most recent population determination shall determine the number of Store Front Sales to be permitted.
Issuance of a Commercial Cannabis Permit for Store Front Sales shall be selected based upon completion of the preliminary review “Proposal for Operation and Contribution to Community Benefit” application. Approval and selection of a proposed Store Front operator by the City Manager is required prior to the submittal of a Commercial Cannabis Permit application.
3. Section 8.29.050.05 - Prohibited Types of Commercial Cannabis Businesses, Subsection a – 6 is deleted:
6. Type 10 and 12 (Storefront sales prohibited.)
4. Section 8.29.05.06 - Required Licenses and Permits, Subsection c -2 is amended to read as follows: .
2. No commercial cannabis permit shall authorize public access to any commercial cannabis business. Only persons involved in the bona fide business activities of a commercial cannabis business shall be authorized to access the premises of a commercial cannabis business. Store Front Sales shall allow public access permitted under Section 8.29.05.04 (d).
5. Section 8.29.05.08 - Security Measures, Subsection a – 11a is added as follows:
(11a) Fencing of site and/or facility shall not be required for Store Front Sales, however, the City Manager may require additional security measures to be implemented as provided in Chapter 8.29.05.
6. Section 8.29.05.110 - Location of Commercial Cannabis Business - Proximity to Sensitive Uses, subsection d is amended as follows:
(a) Commercial cannabis activity shall be authorized within the following zoning districts of the City: M-1, M-2, M-3, A-1 and A-2 zoning districts and in addition, Store Front Sales may be
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Attachment: 2 - Ordinance Amending Title 8 Store Front Sales Commercial Cannabis_032823 (Public Hearing - First Reading Ordinance
Ordinance Amending Title 8 to Permit A Limited Number of Type 10 & Type 12 Store Front Sales of Commercial Cannabis.
authorized within the Bear Mountain Central Business District as established by Chapter
17.68. Commercial cannabis activity is prohibited in all other zoning districts of the City. (d) A commercial cannabis business generally may not operate adjacent to, across a street or alley from, or within two hundred feet (200') of, any residential zoning district or area of the City. Location distance and/or separating commercial cannabis business, as described above, shall be measured from the exterior of the structure(s). Applicant shall prepare locational map verifying locational distance and shall certify that the structure locations meet the two hundred feet separation. However, if a proposed building or an existing building or facility in a City zoning district enumerated in subsection (a) is located adjacent to or across a street or alley from a residential zoning district or area of the City, a commercial cannabis business may be permitted to operate in such location if, in the opinion of City Manager, the operation of a commercial cannabis business in such location would not tend to cause a public nuisance, nor a situation which may result in repeated police department responses or a negative impact on the adjacent residential units or dwellings. Any subsequent expansion of a commercial cannabis business permitted to operate in such a location, which expansion requires a new or amended commercial cannabis permit, shall also be subject to a determination by the City Manager that the expansion would not tend to cause a public nuisance or a situation which may result in repeated police department responses or a negative impact on the adjacent residential units or dwellings.
7. Section 8.29.05.160 - Fees and Charges, Subsection c-4 Added as follows:
4. Pursuant to Section 8.29.05.04(d), the City has limited the Type 10 and 12 Store Front Sales based upon the ratio of 1 Store Front Sales per 10,000 population or portion thereof. Payment per subsection c-3, above shall apply.
8. Section 8.29.05.295 is added to read as follows:
Section 8.29.05.295 – Operation and Contribution to Community Benefit - Type 10 and 12 Store Front Sales be subject to preliminary approval by the City Manager:
(a) Limitation of Store Front Sales: No more than one Store Front Sales per 10,000 population or portion thereof will be permitted.
(b) Operation and Contribution to Community Benefit Application Required: Prior to the submittal of a Commercial Cannabis Application for a Store Front Sales, a Proposal for Operation and Contribution to Community shall be submitted to the City Manager. The City Manager may create application that outline minimum expectations of the proposed operator.
(c) Review Time of Application: Upon receipt of an application Proposal for Operation and Contribution to Community, the City Manager shall review within 60 days and may prepare an acceptance letter or prepare a counter proposal. (d) Competing Proposals and Applications: Should the City Manager receive more than one Proposal for Operation and Contribution to Community, the City Manager shall have the
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Attachment: 2 - Ordinance Amending Title 8 Store Front Sales Commercial Cannabis_032823 (Public Hearing - First Reading Ordinance
Ordinance Amending Title 8 to Permit A Limited Number of Type 10 & Type 12 Store Front Sales of Commercial Cannabis.
sole authority to select the most beneficial contribution to the City and operational effectiveness among the applications submitted.
(e) Required Acceptance Letter Prior to the Submittal of a Commercial Cannabis Application: The applicant must receive an acceptance letter from the City Manager of the Proposal for Operation and Contribution to Community Benefit, prior to the submittal of a Store Front Sales - Commercial Cannabis Permit Application. (f) Square Footage Required: The square footage of premises of each permitted commercial cannabis business shall be a minimum of 2,000 square feet in area. A coexisting, Commercial Cannabis business, subtenant, may be located, with the City Manager or designee’s approval or conditional approval, in a building area of less than 2,000 square feet where the Commercial Cannabis business is in conjunction with another approved Commercial Cannabis activity permitted in a building larger than 2,000 square feet. (g) No accessory structures in support of the Commercial Cannabis business will be permitted.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance, in that the invalid provision shall be deemed severed from the ordinance and the balance shall remain in effect. The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional.
SECTION 6: This Ordinance shall take effect thirty (30) calendar days after its adoption.
Within fifteen (15) calendar days after its adoption, the Ordinance, or a summary of the Ordinance, shall be published once in a newspaper of general circulation. //////
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Attachment: 2 - Ordinance Amending Title 8 Store Front Sales Commercial Cannabis_032823 (Public Hearing - First Reading Ordinance
Ordinance Amending Title 8 to Permit A Limited Number of Type 10 & Type 12 Store Front Sales of Commercial Cannabis.
I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council of the City of Arvin after waiving reading, except by Title, at a regular meeting thereof held on the 28th day of March 2023, and adopted the Ordinance after the second reading at a regular meeting held on the 11th day of April 2023, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
CECILIA VELA, City Clerk
CITY OF ARVIN
By:
OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM
By:
NAHTAN HODGES, City Attorney
Hodges Law Group
I, _________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.
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Attachment: 2 - Ordinance Amending Title 8 Store Front Sales Commercial Cannabis_032823 (Public Hearing - First Reading Ordinance
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of
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Attachment: Ordinance No. 2022-479 Adopted March 22, 2022 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Sales of ORDINANCE NO. 2022-479 ADOPTED MARCH 22, 2022
Section 8.29.05.01 - Purpose and Intent.
(a) It is the purpose and intent of this Chapter to adopt local prohibitions and regulations applicable to commercial cannabis activity as may be permitted by the Medicinal and AdultUse Cannabis Regulation and Safety Act and other applicable State law, as amended, pertaining to regulation of commercial cannabis and the use of land, in order to protect the City's neighborhoods, residents, and businesses from negative impacts. It is a further purpose and intent of this Chapter to regulate the cultivation, manufacturing and testing of cannabis and cannabis products in a manner which is responsible and which protects the health, safety, and welfare of the residents of the City, and to enforce rules and regulations consistent with applicable state law including, but not limited to, the Medicinal and Adult-Use Cannabis Regulation and Safety Act, the Adult Use of Marijuana Act, the Compassionate Use Act of 1996, and the Medical Marijuana Program Act. In furtherance of these objectives, this Chapter imposes an annual regulatory permit requirement, a conditional use permit requirement, employee work permit requirements, and operating requirements applicable to persons who seek to own, operate, or engage in commercial cannabis businesses within the City as authorized under this Chapter or the Arvin Municipal Code. Nothing in this Chapter is intended to authorize any activity which is in violation of state or federal law. The provisions of this Chapter are in addition to the business license requirements applicable to business conducted in the City, and to all other applicable requirements of the Arvin Municipal Code. (b) Pursuant to Section 7 of Article XI of the California Constitution, the City is authorized to adopt ordinances that establish standards, requirements, and regulations for local licenses and permits for commercial cannabis activity. Any standards, requirements, and regulations regarding commercial cannabis activity, including health and safety, testing, laboratory operations and safety, security, and worker protections established by the State, or any of its agencies, departments, or divisions, shall be the minimum standards applicable in the City, and the provisions of this ordinance shall apply in addition thereto.
Section 8.29.05.02 - Definitions.
When used in this Chapter, the following terms shall have the meanings ascribed to them in this Section. Any reference to California statutes includes any regulations promulgated thereunder and is deemed to include any successor or amended version of the referenced statute or regulatory provision.
(a) "Building Official" means the Building Official for the City or his/her designee. (b) "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. (c) (c) "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis" also does not include the weight of any other ingredient combined
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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store with cannabis to prepare topical or oral administrations, food, drink, or other product. For the purpose of this Chapter, "Cannabis" does not mean industrial hemp as that term is defined by Section 11018.5 of the California Health and Safety Code.
(c) "Cannabis concentrate" means manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this Chapter. A cannabis concentrate is not considered food, as defined by Section 109935 of the Health & Safety Code, or a drug, as defined by Section 109925 of the Health & Safety Code. (d) "Cannabis products" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
(e) "Chief of Police" means the Chief of Police for the Arvin Police Department or his/her designee.
(f) "City Manager" means the City Manager for the City or his/her designee. (g) "Commercial cannabis activity" or "commercial cannabis business" includes cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale (including retail and wholesale) of cannabis or cannabis products conducted or engaged in by any person, except cultivation and possession of cannabis for personal use as governed by Arvin Municipal Code Chapter 8.29, Section 8.29.05 and/or as preempted by State law.
(h) "Commercial cannabis permit" means a permit issued by the City pursuant to this Chapter to a commercial cannabis business.
(i) "Cultivation" means any activity involving the propagation, planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. (j) "Cultivation site" means a facility where cannabis is propagated, planted, grown, harvested, dried, cured, graded, or trimmed, or where all or any combination of those activities occur.
(k) "Day care center" means, as the term is understood in Business & Professions Code Section 26001(o), as may be amended, any child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school age childcare centers.
(l) “Delivery" means the commercial transfer of cannabis or cannabis products to a customer at the customer's home or other location remote from the premises of the commercial cannabis business making the delivery and includes the use by a retailer of any technology platform. "Delivery" does not mean or include storefront sales.
(m) "Distribution" means the procurement, sale and transport of cannabis and cannabis products between licensees.
(n) "Distributor" means a licensee engaged in distribution. (o) "Edible cannabis product" means a cannabis product that is intended to be used, in whole or in part, for human consumption. An edible cannabis product is not considered food as defined by Section 109935 of the California Health and Safety
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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store Code or a drug as defined by Section 109925 of the California Health and Safety Code.
(p) Employee – See (ee) Responsible Person.
(q) "Fire Chief" means the Fire Chief for the City as designated by the Kern County Fire Department, or his or her designee.
(r) "HIPAA" means the Health Insurance Portability and Accountability Act of 1996. (s) "Labeling" means any label or other written, printed, or graphic matter upon a cannabis product, upon its container or wrapper, or that accompanies any cannabis product.
(t) "License" or "State License" means a license issued by the State of California, or one of its departments or divisions, pursuant to Division 10 of the California Business & Professions Code. "Licensee" means a person holding a State License.
(u) "Live plants" means living cannabis flowers and plants, including seeds, sprouts, immature plants (including unrooted clones), and vegetative stage plants. (v) "Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.
(w) "Manufacturer" means a licensee that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container; "Manufacturer" includes the activity of manufacturing.
(x) "Manufacturer 1" means a licensee that manufactures cannabis products using nonvolatile solvents, or no solvents.
(y) "Manufacturer 2" means a licensee that manufactures cannabis products using volatile solvents.
(z) "Nursery" means a licensee that produces only cannabis clones, immature cannabis plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis.
(aa) "Owner" means any person who has an ownership interest in a commercial cannabis business.
(bb) "Package" means any container or receptacle used for holding cannabis or cannabis products.
(cc) "Person" means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, nonprofit organization, or any other group or combination acting as a unit and includes the plural as well as the singular.
(dd) "Premises" means the designated structure or structures and the surrounding land that is owned, leased or otherwise held under the control of a commercial cannabis permit applicant or permittee where commercial cannabis activity will be or is conducted. This definition does not alter the meaning of the term "Premises" as utilized by the State of California for commercial cannabis licensing.
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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store (ee) "Responsible person" means any person who is responsible for, or who will oversee or participate in, the direction, control, management, or supervision of a commercial cannabis business.
(ff) "Retailer" means a person who engages in the retail sale of cannabis or cannabis products to customers.
(gg) "Sell," "sale" and "to sell" include any transaction whereby, for any consideration, title to cannabis or cannabis products is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting and receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom the cannabis or cannabis product was purchased.
(hh) "School" means, as the term is understood in Business & Professions Code Section 26054(b), as may be amended, a place of instruction in kindergarten or any grades 1 through 12.
(ii) "State" means the State of California and all of its departments, divisions and agencies, including but not limited to the Bureau of Cannabis Control, the Department of Public Health, and the Department of Food and Agriculture. (jj) "Stacking" means cultivating cannabis plants on platforms or tables and stacking them in multiple layers on top of each other.
(kk) "Storefront sales" means the retail sale of cannabis or cannabis products directly to customers from a storefront, dispensary, or other permanent building or structure, or in any manner that does not constitute delivery. "Storefront sales" does not include delivery.
(ll) "Testing Laboratory" means a laboratory, facility or entity that offers or performs tests of cannabis or cannabis products and that is both: (1) accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity; and (2) a State licensee. (mm) "Topical cannabis" means a cannabis product intended for external application.
A topical cannabis product is not considered a drug as defined by Section 109925 of the California Health and Safety Code.
(nn)“Volatile solvent" means a solvent that is or produces a flammable gas or vapor that, when present in the air in sufficient quantities, will create explosive or ignitable mixtures.
(oo) "Youth center" means, as the term is understood in Business & Professions Code Section 26001(av), as may be amended, any public or private facility that is primarily used to host recreational or social activities for minors, including but not limited to private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.
Section 8.29.05.03 - Applicability to Personal Cannabis Activity.
This Chapter applies only to commercial cannabis activities. Except as otherwise provided by this Chapter, cultivation of cannabis for personal use is governed by Section 8.29.05.03 of the Arvin Municipal Code, as may be amended from time to time, and consumption of cannabis is governed by Section 8.29.05.06 of the Arvin Municipal Code, as may be
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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store amended from time to time. To the extent any provision of Chapter 8.29 of the Arvin Municipal Code conflicts with this Chapter, this Chapter shall govern.
Section 8.29.05.04 - Permitted Types of Commercial Cannabis Businesses (a) Commercial cannabis operations within the City, which comprise the activities of indoor cultivation, mixed-light cultivation, nursery cultivation, retailer (delivery only), manufacturer, testing laboratory, distributor, and microbusiness (other than storefront sales) are allowed subject to issuance and maintenance of the permits and entitlements set forth in Section 8.29.05.06(a), continuing compliance with this Chapter and all other applicable City and State laws and regulations, and issuance and maintenance of a valid and current State license of a classification listed below, as provided for in Business & Professions Code Section 26050 and applicable State regulations:
1. Type lA = Cultivation; Specialty Indoor; Small.
2. Type 1B = Cultivation; Specialty Mixed-Light; Small.
3. Type 2A = Cultivation; Indoor; Small.
4. Type 2B = Cultivation; Mixed-Light; Small.
5. Type 3A = Cultivation; Indoor; Medium.
6. Type 3B = Cultivation; Mixed-Light; Medium.
7. Type 4 = Cultivation; Nursery.
8. Upon authorization by the State of California, Type 5A = Cultivation; Indoor; Large.
9. Upon authorization by the State of California, Type 5B = Cultivation; MixedLight; Large.
10. Type 6 = Manufacturer 1.
11. Type 7 = Manufacturer 2.
12. Type N = Manufacturer (i.e. no extractions, pursuant to 17 CCR § 40118, as may be amended).
13. Type P = Manufacturer (i.e. packaging and labeling only, pursuant to 17 CCR § 40118, as may be amended).
14. Type 8 = Testing Laboratory.
15. As authorized by California Code of Regulations, Type 9 = Non-Storefront Retailer (i.e. retail sales by delivery only, pursuant to 16 CCR § 5414, as may be amended).
16. Type 10 = Retailer (subject to Section 8.29.050, i.e. delivery only). See below for exception.
17. Type 11 = Distributor.
18. Type 12 = Microbusiness (subject to Sections 8.29.05.04(c) and 8.29.050). See below for exception.
19. Type 13 = Distributor (i.e. transport only, pursuant to 16 CCR § 5315, as may be amended).
20. Cultivation License Types for Indoor or Mixed-Light pursuant to 3 CCR § 8201, as may be amended).
21. Commercial Cannabis types that may be established by the State of California and is determined by the City Manager to be in substantial compliance with this Chapter.
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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store
22. Types 10 – 12 Retailer – Store Front Sales: "Storefront sales" means the retail sale of cannabis or cannabis products directly to customers from a storefront, dispensary, or other permanent building or structure, or in any manner that does not constitute delivery.
(b) Any commercial cannabis activity not expressly authorized by this Chapter is prohibited. (c) The number of commercial cannabis permits authorizing the operation of a microbusiness requiring a Type-12 State License that may be active or valid in the City at any given time shall not exceed thirty-five (35) permits, or a lower number as may be established by the City Council.
(d) The number of Store Front Sales: One Store Front Sales per 10,000 population or portion thereof. NOTE: Based upon this ration the City population would permit two (2) possible three (3) Store Front Sales. The City of Arvin's 2020 Population is 19,552 – The most recent population determination shall determine the number of Store Front Sales to be permitted. Issuance of a Commercial Cannabis Permit for Store Front Sales shall be selected based upon completion of the preliminary review “Proposal for Operation and Contribution to Community” application. Approval and selection of a proposed Store Front operator by the City Manager is required prior to the submittal of a Commercial Cannabis Permit application.
Section 8.29.050.05 - Prohibited Types of Commercial Cannabis Businesses (a) Commercial cannabis businesses within the City which involve the activities of outdoor cultivation and storefront sales are prohibited in the City. This prohibition includes, but is not limited to, commercial cannabis activities licensed by the State license classifications listed below, as provided for in Business & Professions Section 26050 and applicable State regulations:
1. Type 1= Cultivation; Specialty Outdoor; Small.
2. Type 1C = Cultivation; Specialty Cottage; Small.
3. Type 2 = Cultivation; Outdoor; Small.
4. Type 3= Cultivation; Outdoor; Medium.
5. Type 5 = Cultivation; Outdoor; Large.
6. Type 10 and 12 (Storefront sales prohibited.)
(b) Except as otherwise expressly provided in this Chapter, the prohibition of subsection (a) includes any similar commercial cannabis activities authorized under new or revised State licenses, or any other State authorization, for any type, category, or classification of commercial cannabis activities which involve the above-referenced or similar activities or operations.
(c) Notwithstanding any provision of this Chapter or the Arvin Municipal Code, storefront sales are prohibited in the City. No commercial cannabis permit issued to any person, including but not limited to a person holding a Type 10 "Retailer" or Type 12 "Microbusiness" State license, shall include any authorization to engage in storefront sales.
This prohibition applies to both adult-use and medicinal cannabis and cannabis products.
As such, no medicinal cannabis cooperative, collective, dispensary, operator, establishment, or provider, within the meaning of Health & Safety Code Section 11362.768, shall be permitted to engage in storefront sales. The term "storefront sales" shall include making available, tendering, offering, bartering, gifting, releasing, delivering,
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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store providing or exchanging any cannabis or cannabis products. However, this subsection does not prohibit the issuance of commercial cannabis permits authorizing non-storefront sales, by delivery only, of cannabis or cannabis products in the City. (d) Consistent with Business & Professions Code Section 26080, nothing in this Chapter shall be interpreted to prohibit the use of the public roads of the City by a State licensee in the course of making cannabis deliveries to and from areas outside of the City.
Section 8.29.05.06 - Required Licenses and Permits.
(a) It shall be unlawful to own, establish, operate, use, or allow the establishment or activity of a commercial cannabis business, or to participate in a commercial cannabis business as an employee, contractor, agent, volunteer, or in any manner or capacity, other than as provided in this Chapter and pursuant to the following:
1. A valid and current commercial cannabis permit(s) issued by the City pursuant to this Chapter, and
2. The equivalent State license(s) for such commercial cannabis business issued pursuant Division 10 of the Business & Professions Code, as may be amended, and
3. Employee Badge pursuant to Section 8.29.05.09; and
4. A valid City business license.
(b) The City Manager is hereby authorized to issue commercial cannabis permits on behalf of the City. The City Manager, or designee, in his or her sole discretion, may issue a commercial cannabis permit only upon confirming that the applicant to whom the permit is to be issued has satisfied all of the requirements of this Chapter and the other applicable provisions of the Arvin Municipal Code, as may be amended from time to time, any regulations promulgated pursuant to this Chapter, and any law or regulation enacted by the State of California or any department of the State governing commercial cannabis activities.
(c) Commercial cannabis permits shall be governed by the following requirements and limitations:
1. Commercial cannabis permits may only permit the types of cannabis activity expressly authorized by this Chapter.
2. No commercial cannabis permit shall authorize public access to any commercial cannabis business. Only persons involved in the bona fide business activities of a commercial cannabis business shall be authorized to access the premises of a commercial cannabis business. Store Front Sales shall allow public access as permitted pursuant to section 8.29.05.06.
3. Commercial cannabis businesses shall not employ or grant access to any individual who is under twenty-one (21) years of age.
4. Each commercial cannabis permit issued pursuant to this Chapter shall expire twelve (12) months after the date of its issuance and must thereupon be renewed.
Continued operation of a commercial cannabis business after expiration of a commercial cannabis permit shall be unlawful and a violation of this Chapter.
5. Prior to issuance of any commercial cannabis permit, each proposed commercial cannabis business shall be subject to the mandatory inspections provided by Section
8.29.05.15 and shall obtain all required permits or approvals which are otherwise required for the premises by applicable law, including, but not limited to, building
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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store permits, California Fire Code approvals, and planning-level permit(s) required by Title 17 Zoning of the Arvin Municipal Code. City Manager may issue a Conditional Commercial Cannabis Permit where the business is actively implementing conditions, obtaining clearances and licenses from local agencies and the state of California. Temporary Certificate of Occupancy may be issued by the Building Official where such occupancy is near completion of required improvements and where the Building Official and Fire Agency finds that no health and safety factors exists.
6. Consistent with Business and Professions Code Section 26053, a commercial cannabis business conducting multiple commercial cannabis activities shall obtain a commercial cannabis permit authorizing each type and location of commercial cannabis activity prior to engaging in that activity. A commercial cannabis business licensed by the State to conduct multiple commercial cannabis activities shall not receive a commercial cannabis permit authorizing any commercial cannabis activity within the City that is not expressly authorized by this Chapter. An applicant may be issued a commercial cannabis permit authorizing multiple different types of commercial cannabis activities as defined by applicable State license classifications, consistent with the requirements of Business and Professions Code Section 26053 and/or a Type 12 "Microbusiness" State license.
7. Revocation, termination, denial, non-issuance or suspension of a State license shall immediately and automatically terminate the commercial cannabis permit, and all commercial cannabis activity shall immediately cease. Upon reinstatement or receipt of a new State license, the commercial cannabis activity may file for a new permit from the City. While a new application for a commercial cannabis permit is pending, the applicant shall not engage in any commercial cannabis activity.
Violations of this Section shall be grounds for denial of an application for a commercial cannabis permit and for the enforcement, penalties and cost recovery prescribed within Section 8.29.05.170 and any other applicable provisions of the Arvin Municipal Code.
8. The issuance of a commercial cannabis permit shall constitute a revocable privilege and shall not create or establish any vested rights for the development or use of any property.
(d) Renewals of commercial cannabis permits shall be governed by the following requirements and limitations:
1. Applications for renewal of commercial cannabis permits shall be filed with the City Manager at least sixty (60) calendar days prior to the expiration date of the permit and shall be subject to all requirements applicable to an application for initial issuance of a commercial cannabis permit.
2. An application for renewal of a commercial cannabis permit shall be denied if any of the following exists:
i. The application is filed less than sixty (60) calendar days before expiration of the commercial cannabis permit. Notwithstanding the foregoing, the City Manager, in his discretion, may accept an application filed between thirty (30) and sixty (60) days before expiration based upon a showing of good cause by the applicant for the late filing.
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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store ii. The commercial cannabis permit, or any of the other entitlements required for the commercial cannabis to operate in compliance with this Chapter, is suspended or revoked at the time the application for renewal is submitted or is suspended or revoked while the application for renewal is pending. iii. The commercial cannabis business or activity has not been in regular and continuous operation during the four (4) months prior to the submission of the application for renewal.
iv. The commercial cannabis business is in noncompliance with any provision of this Chapter, any regulation promulgated pursuant hereto, any other provision of the Arvin Municipal Code applicable to the commercial cannabis business, or any condition of approval of the commercial cannabis permit or any other entitlement issued by the City to the commercial cannabis business.
v. The applicant for renewal of the commercial cannabis permit has failed to obtain or renew any required State license or is in violation of any applicable provision of State law or any applicable State regulation. vi. The applicant for renewal has failed to pay in full all fees, administrative fines, penalties and/or charges imposed by the City relating to the commercial cannabis business, unless assessment of the fees, administrative fines, penalties and/or charges are being appealed.
3. If a renewal application is denied, the applicant may file an appeal. The appeal must be in writing, must identify the grounds for reversing the denial, and must be submitted to the City Clerk within ten (10) days from the date of the denial. The appeal shall be conducted pursuant to Section 8.29.05.190(j). In the alternative, the applicant may file a wholly new application for a commercial cannabis permit pursuant to this Chapter. Upon expiration of the commercial cannabis permit and regardless of a pending appeal or new application for a commercial cannabis permit, all of the applicant's commercial cannabis activity shall immediately cease.
Violations of this Section shall subject the violator to denial of the appeal or new application for a commercial cannabis permit and/or the enforcement, penalties and cost recovery mechanisms prescribed within this Chapter and/or the Arvin Municipal Code.
4. Any unpaid fees, administrative fines, penalties and/or costs imposed by the City relating to the commercial cannabis business shall be added to the fee for renewal of the commercial cannabis permit, unless assessment of the fees, administrative fines, penalties and/or costs are being appealed.
5. A commercial cannabis permit shall not be renewed until the City receives payment in full of the fee for the commercial cannabis permit renewal application. Said fee shall be governed by and subject to the provisions of Section 8.29.05.190(b), unless otherwise provided by resolution of the City Council.
(e) Failure of a commercial cannabis business to obtain and maintain a valid City business license, and to remain in compliance with all applicable provisions and requirements of that license, shall constitute grounds for denial of an application for renewal of a commercial cannabis permit, suspension or revocation of a current commercial cannabis permit.
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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store Section 8.29.05.07 - Existing Commercial Cannabis Businesses.
Commercial cannabis businesses in existence in the City as of the date of adoption of this Chapter may continue to operate under the approved and issued Commercial Cannabis Permit and associated entitlements, Conditional Use Permit, Site Development Plan, Development Agreement, or may, upon its annual renewal, utilize this Chapter for permitting and compliance with the requirements of this Chapter. An unpermitted commercial cannabis business that can demonstrate to the City Manager's satisfaction that it is diligently applying to obtain the required permits and licenses, and that it is in good standing and otherwise in compliance with all applicable local and state laws and regulations, may, at the discretion of the City Manager, be temporarily permitted to continue its operations while its applications for the required permits and licenses are pending.
Section 8.29.05.08 - Security Measures.
(a) A permitted commercial cannabis business, regardless of building type utilized, shall implement sufficient security measures to both deter and prevent unauthorized entrance into areas containing cannabis or cannabis products and theft of cannabis or cannabis products at the premises. These security measures shall include, but shall not be limited to, all of the following, in addition to any other security measures deemed necessary by the City Manager or required pursuant to any regulations as may be promulgated by the City Manager in furtherance of the purposes of this Chapter:
1. Preventing persons from remaining on the premises of the commercial cannabis business if they are not engaging in bona fide business activity of the commercial cannabis business.
2. Establishing limited access areas accessible only to authorized commercial cannabis business personnel.
3. Ensuring that live growing plants which are being cultivated are kept in a secured cultivation site, and that all cannabis and cannabis products are stored in a secured and locked room, safe, or vault at all times. All cannabis and cannabis products, including live plants which are being cultivated, shall be kept in a manner as to prevent diversion, theft, and loss.
4. Installing twenty-four (24) hour security surveillance cameras with night vision capability and of at least 1080p HD-quality to monitor all entrances and exits to and from the premises and to monitor all interior spaces, excluding all restroom and changing room facilities, within the commercial cannabis business. The security surveillance system shall be compatible with software and hardware utilized by the Arvin Police Department and as approved by the Chief of Police or designee. The security surveillance system shall be capable of providing the Arvin Police Department with remote real-time/live access to the video footage during emergency situations, including but not limited to armed robbery, active shooter, hostage, and exposure to hazardous or volatile substances. Video recordings shall be maintained for a minimum of forty-five (45) days. Upon request by the Chief of Police, video recordings will be provided to the Arvin Police Department within twenty-four (24) hours. If the commercial cannabis business refuses to provide the Chief of Police access to the real-time/live video feed or the requested video recordings, the City Attorney shall be authorized to seek reimbursement of all costs, including but not limited to court costs, attorney's fees, filing fees, administrative
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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store time and fees and employee time, incurred by the City while seeking a warrant and/or judicial intervention granting the requested access. The requirements of this Section shall be in addition to any other applicable provision of the Arvin Municipal Code.
5. Sensors shall be installed to detect entry and exit from all secure areas.
6. Panic buttons shall be installed in all commercial cannabis businesses.
7. A professionally installed, maintained, and monitored alarm system shall be maintained in operable condition at all times.
8. Any bars installed on the windows or the doors of the commercial cannabis business shall be installed only on the interior of the building and shall be installed in compliance with all applicable requirements of the Arvin Municipal Code, California Building Code and California Fire Code.
9. Each commercial cannabis business shall have the capability to remain secure and operational during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.
10. All security personnel to be hired or used by each commercial cannabis business shall be licensed by and in good standing with the State Bureau of Security and Investigative Services and shall obtain an Employee Badges pursuant to Section
8.29.05.09. At least one such security guard shall be on the premises of each commercial cannabis business during all operating hours. The City Manager may increase the number of security guards required to be on the premises of any commercial cannabis business as a condition of approval of any commercial cannabis permit application, if he or she deems such additional security guards necessary to adequately protect the premises based on the size or other characteristics of the commercial cannabis business or its premises. (11) Fencing shall be installed along the perimeter of the project site. Fencing location, design, and materials shall be approved by the City Manager or designee. Fencing shall be a minimum of 10’-0” with angled or electrified top. Materials shall be limited to wrought iron fencing, masonry, a combination of the two, or alternatives subject to approval by the City Manager or their designee. All fencing shall have angled wrought iron topping or must be electrified. Electronic entry gates for automobiles and pedestrian shall be designed as noted above and the City Manager or designee shall have final approval. Fencing must be in place to the satisfaction of the City Manager or their designee as well as the Building Department prior to being eligible for a certificate of occupancy or a temporary certificate of occupancy.
(11a) Fencing of site and/or facility shall not be required for Store Front Sales, however, the City Manager may require additional security measures to be implemented as provided in Chapter 8.29.05.
(12) Any portion of the fencing that is electrified shall comply with all State, Federal and Local laws, including, but not limited to, California Civil Code section 835 and any amendments thereto.
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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store (13) Developer must submit a detailed fencing plan to the City Engineer or their designee for approval. Plans may be included within a larger Civil Design Plan required for overall site development approval. At a minimum, the plans must show the layout of all proposed exterior fences with locations of gates for pedestrians and vehicles.
Plans must also include typical sections, typical elevations, and details regarding hardware, materials, color, textures, and any additional information requested by the City Engineer upon review of a fencing plan. The use of existing fences must also be shown on the plans, detailed appropriately, and shall be subject to approval on a caseby-case basis by the City Engineer. City Engineer review shall be independent of any necessary review by the Building Department which the Developer must submit plans to for a separate permit following City Engineer approval. (14) The use of razor wire, barbed wire, or similar materials is strictly prohibited. In cases of masonry walls, all public facing sides must be covered in an approved anti-graffiti material or must have climbing vines attached to the walls which must be maintained over time to the satisfaction of the City Manager. In cases of wrought iron fences, the Developer may install an opaque cover to prevent the public from seeing into the site. In these cases, such a cover must also have an approved anti-graffiti coating. Any graffiti must be immediately removed by the Developer within 72 hours when notified by the City Manager or their designee regardless of when the graffiti first appeared. Similarly, any damage to the perimeter fencing must be immediately repaired within 72 hours when notified by the City Manager or their designee regardless of when the damage first appeared. (15) Approved colors and textures for public facing portions of fences are as follows unless otherwise approved by the City Manager or their designee:
Masonry: terra cotta; split faced
Wrought iron and opaque coverings: black or green; opaque covering to be metallic or durable plastic capable of withstanding substantial winds and must be UV and rust resistant.
(b) Each commercial cannabis business shall provide the City Manager with the identity and contact information for a liaison who shall be reasonably available to meet and discuss compliance with the requirements of the Arvin Municipal Code, state law and/or any other laws and regulations applicable to the commercial cannabis business. (c) As part of the application and permitting process, each commercial cannabis business shall provide the City Manager with a detailed transportation plan describing the procedures for safely and securely transporting cannabis, cannabis products and/or currency. (d) A commercial cannabis business shall notify the Chief of Police within twenty-four (24) hours after discovering any of the following:
1. Significant discrepancies identified in inventory. The level of significance may be determined by regulations promulgated by the City Manager.
2. Diversion, theft, loss or any criminal activity involving the commercial cannabis business, an employee or any agent of the commercial cannabis business.
3. The loss or unauthorized alteration of records referring or related to cannabis, cannabis products, employees or agents of the commercial cannabis business.
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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store
4. Any other breach of security.
Section 8.29.05.09 - Employee Badge Requirement.
Every employee or independent contractor working at or for a commercial cannabis business or involved in security, delivery or distribution, or other services for a commercial cannabis business shall obtain an employee badge pursuant to Title 4 Cal. Code Regulations Section 15043 or as may be amended. (§15043. Licensee Employee Badge Requirement. All agents, officers, or other persons acting for or employed by a licensee conducting retail sales or participating in a temporary cannabis event shall display a laminated or plastic-coated identification badge always issued by the licensee while engaging in commercial cannabis activity. The identification badge shall, at a minimum, include the licensee’s “doing business as” name and license number, the employee’s first name, an employee number exclusively assigned to that employee for identification purposes, and a color photograph of the employee that clearly shows the full front of the employee’s face and that is at least 1 inch in width and 1.5 inches in height.).
Persons who are listed as commercial cannabis permit holders or owners thereof, who are subject to criminal history records checks pursuant to Section 8.29.05.240(k), shall be required to obtain an Employee Badge if such person also serves as an employee or contractor for the permit holder's commercial cannabis business.
Section 8.29.05.100 - Right to Occupy and to Use Property.
As a condition precedent to the City's issuance of a commercial cannabis permit pursuant to this Chapter, any person intending to open and to operate a commercial cannabis business shall provide sufficient evidence of the legal right to occupy and to use the proposed location. In the event the proposed location is leased from another person, the applicant for a permit under this Chapter shall provide a signed and notarized statement from the owner of the property to demonstrate the property owner has acknowledged and has consented to the operation of a commercial cannabis business on the property.
Section 8.29.05.110 - Location of Commercial Cannabis Business - Proximity to Sensitive Uses.
(a) Commercial cannabis activity shall be authorized within the following zoning districts of the City: M-1, M-2, M-3, A-1 and A-2 zoning districts and in addition, Store Front Sales may be authorized within the Bear Mountain Central Business District as established by Chapter 17. 68. Commercial cannabis activity is prohibited in all other zoning districts of the City.
(b) Notwithstanding subsection (a) of this Section, no commercial cannabis business shall be located within six hundred feet (600') from any school, day care center, youth center, public park, or public library (“Sensitive Uses”). Location distance separating Sensitive Uses, as described above, shall be measured from the exterior of the structure(s). Applicant shall prepare locational map verifying locational distance and shall certify that the structure locations meet the six hundred feet separation.
(c) No commercial cannabis business may operate within any residential zoning district or area of the City.
(d) A commercial cannabis business generally may not operate adjacent to, across a street or alley from, or within two hundred feet (200') of, any residential zoning district or area of
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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store the City. Location distance and/or separating commercial cannabis business, as described above, shall be measured from the exterior of the structure(s). Applicant shall prepare locational map verifying locational distance and shall certify that the structure locations meet the two hundred feet separation. However, if a proposed building or an existing building or facility in a City zoning district enumerated in subsection (a) is located adjacent to or across a street or alley from a residential zoning district or area of the City, a commercial cannabis business may be permitted to operate in such location if, in the opinion of City Manager, the operation of a commercial cannabis business in such location would not tend to cause a public nuisance, nor a situation which may result in repeated police department responses or a negative impact on the adjacent residential units or dwellings. Any subsequent expansion of a commercial cannabis business permitted to operate in such a location, which expansion requires a new or amended commercial cannabis permit, shall also be subject to a determination by the City Manager that the expansion would not tend to cause a public nuisance or a situation which may result in repeated police department responses or a negative impact on the adjacent residential units or dwellings.
(e) Commercial cannabis businesses shall be required to comply with all zoning, land use, and development regulations applicable to the underlying zoning district in which they are permitted to establish and operate as set forth in Title 17 of the Arvin Municipal Code. (f) Any commercial cannabis business which has been determined by the City Manager to be an existing commercial cannabis business on the effective date of this Chapter shall be exempt from compliance with the limitations prescribed in this Section, unless such location is otherwise determined to constitute a public nuisance or otherwise a disturbance to the adjacent or neighboring uses as determined by the provisions of this Chapter.
Section 8.29.05.120 - Alcohol and Tobacco Restrictions. (a) In accordance with Business & Professions Code Section 26054, as may be amended, no commercial cannabis business shall cause or allow the sale (whether retail or wholesale) of alcoholic beverages or tobacco products on its premises. (b) No commercial cannabis business shall cause or allow alcoholic beverages to be dispensed or consumed on its premises.
(c) No commercial cannabis business shall operate in a location that requires persons to pass through a business that sells alcohol or tobacco to access the premises of the commercial cannabis business, or that requires persons to pass through the premises of the commercial cannabis business to access a business that sells tobacco or alcohol. (d) No commercial cannabis business shall operate in a location that is adjacent to a business that sells alcoholic beverages at retail. Applicant shall certify that the commercial cannabis business/structure(s) is not adjacent to a business that sells alcoholic beverages at retail.
Section 8.29.05.130 - Concurrent Regulation with State.
It is the stated intent of this Chapter to regulate commercial cannabis activity in the City concurrently and consistently with State law. Except where an express provision of this Ordinance applies to create an obligation that is more stringent than the minimum standards established by State law, this Chapter shall be construed in accordance with that intent.
Section 8.29.05.140 - Compliance with Laws.
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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store (a) It shall be the responsibility of the commercial cannabis permit holder, including its owners and operators, to ensure that the permitted commercial cannabis business is, at all times, operating in compliance with all applicable state and local laws and regulations, as amended, and any conditions of approval of a State license or City-issued commercial cannabis permit or other entitlement.
(b) Nothing in this Chapter shall be construed as an authorization of any action or conduct in violation of state law or local law with respect to the operation of a commercial cannabis business.
(c) Nothing in this Chapter shall be construed as an authorization by the City, its elected or appointed officials, employees, agents, representatives and/or consultants, collectively or individually, of any conduct in violation of federal law.
Section 8.29.05.150 - Inspections and Enforcement.
(a) No commercial cannabis business shall commence operation, and no commercial cannabis permit application or conditional use permit application shall be approved for any commercial cannabis business, unless and until:
1. The City Manager, or designee, and Police Chief, or designee, have inspected the premises of the commercial cannabis business and reviewed all written procedures, standards and protocols developed by such business pursuant to this Chapter, and have confirmed in writing that the business is in compliance with all applicable requirements of this Chapter and other applicable provisions of the Arvin Municipal Code, any applicable local regulations, and any applicable state laws, administration or enforcement of which is within their jurisdiction; and
2. The Fire Chief and Building Official have inspected the premises of the commercial cannabis business and reviewed all written procedures, standards and protocols developed by such business pursuant to this Chapter and have confirmed in writing that the premises are in compliance with the California Building Standards Code and the State Fire Marshal regulations, as adopted by the City, and all other applicable building and fire safety-related requirements, administration or enforcement of which is within their jurisdiction.
(b) In addition to the initial permit inspections pursuant to subsection (a) and after permitted commercial cannabis business activities have commenced, the City Manager, the Building Official, the Police Chief, and the Fire Chief are authorized to conduct reasonable unannounced and suspicionless inspections of the interior and exterior premises of any commercial cannabis businesses at any time during regular business hours (generally eight (8:00) a.m. and seven (7:00) p.m., Monday through Sunday), for the purpose of ensuring compliance with this Chapter and applicable state law as specified in subsection (a). (c) Each commercial cannabis business shall be subject to two mandatory inspections conducted pursuant to subsection (b) per calendar year. Notwithstanding the foregoing, further inspections may be conducted at any time in response to complaints received by the City relating to violations on the premises of a commercial cannabis business. (d) During all inspections conducted pursuant to this Section, the inspecting officials are authorized to photograph and otherwise document the conditions on the premises, and to take such other measures as are reasonably necessary to ascertain whether the business is in compliance with this Chapter, subject to adherence to all HIPAA rights and all other applicable privacy rights unrelated to the purpose and intent of the inspection. Samples of
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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store cannabis and cannabis products may be temporarily taken from the commercial cannabis business and retained for the minimum time and to the minimum extent necessary to ascertain compliance with this Chapter, provided that any such samples shall be logged, recorded, and maintained in accordance with the Arvin Police Department standards for evidence.
(e) For all inspections required by this Section (not including complaint-based inspections), inspection fees sufficient to cover the costs of such inspections shall be paid by each commercial cannabis business as part of such business' commercial cannabis permit application fees or annual permit fees.
(f) Failure or refusal of a commercial cannabis business, or any owner, manager, employee or agent thereof, to grant access to the premises of the commercial cannabis business to facilitate any inspection pursuant to this Section shall constitute a violation of this Chapter, and shall constitute grounds for the City to obtain an inspection warrant to inspect the commercial cannabis business in accordance with State law. (g) All inspections shall be subject to adherence to applicable HIPAA rights and other applicable privacy rights unrelated to the purpose and intent of the inspections. (h) The requirements and remedies set forth in this Section shall be in addition to all other applicable provisions of the Arvin Municipal Code.
Section 8.29.05.160 - Fees and Charges.
(a) No person may commence or continue any commercial cannabis activity in the City without timely paying in full all fees, costs, penalties and charges required in connection with the establishment or operation of a commercial cannabis activity. Fees and charges associated with the establishment or operation of a commercial cannabis activity shall be set by resolution or ordinance of the City Council.
(b) All commercial cannabis businesses operating pursuant to this Chapter shall pay any and all applicable sales, use, business or other taxes, and all license, registration, or other fees required pursuant to federal, state, and local law.
(c) Commercial Cannabis Tax Revenues and Rates are established for Commercial Cannabis businesses in accordance with Title III Revenue and Finance, Chapter 3.19.
1. Pursuant to Section 8.29.05.290(a), the City has limited the total square footage of Commercial Cannabis to 1,350,000 square feet,
2. Pursuant to Section 8.29.05.04(c), the City has limited the Type 12 Microbusiness to a total of 35 business within the current City limits.
3. Due to the limitation of square footage for commercial cannabis business, the applicant of and any assignee shall pay, upon approval of each Commercial Cannabis permit, a minimum sum of $25,000.00 per quarter, regardless of operational status. The payment shall be paid within 10 days of the approval/conditional approval of a Commercial Cannabis permit. i. Should the Commercial Cannabis business be operational, the minimum quarterly payment shall be credited toward that business’s following quarter’s tax liability.
ii. Should the Permit Holder fail to begin operations within two years of the first permit’s issuance, payment of the quarterly $25,000.00 minimum required payment shall not be refunded. The quarterly payment is required due to the limited square footage for Commercial Cannabis and is
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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store established as a deterrent against non-operational permit holders. The nonoperation of permitted Commercial Cannabis establishments is determined to be detrimental to the health and welfare of the City.
4. Pursuant to Section 8.29.05.04(d), the City has limited the Type 10 and 12 Store Front Sales based upon the ratio of 1 Store Front Sales per 10,000 population or portion thereof. Payment per subsection c-3, above shall apply.
Section 8.29.05.170 - Violations and Enforcement.
(a) It is unlawful for any person to violate any provision of this Chapter. (b) Each and every violation of this Chapter constitutes a misdemeanor punishable in accordance with Chapter 1.08.010 of the Arvin Municipal Code. (c) Each and every violation of this Chapter constitutes a public nuisance which may be abated by the City pursuant to the Arvin Municipal Code.
(d) Violations of this Chapter may be redressed by any and all applicable civil remedies available to the City, including but not limited to civil actions for injunctive relief. (e) Violations of this Chapter are subject to all applicable administrative remedies under the Arvin Municipal Code, including but not limited to issuance of administrative citations.
Notwithstanding the foregoing, the administrative citation penalty for all violations of this Chapter, within a rolling twelve (12) month period, shall be as follows: one thousand dollars and no cents ($1,000.00) per violation.
(f) Any person that violates any provision of this Chapter shall be guilty of a separate offense for each and every day during any portion of which the violation exists. and shall be penalized pursuant to this Chapter and the applicable provisions of the Arvin Municipal Code.
(g) The remedies set forth in this Section are cumulative of each other and of any other legal remedies available at law.
(h) The City Manager may suspend or revoke a commercial cannabis permit when the permit holder or anyone acting on its behalf has committed any of the following acts or maintained any of the following conditions:
1. Any action or condition which would constitute grounds for denial of a commercial cannabis permit.
2. Any violation of this Chapter, the Arvin Municipal Code, any applicable state law governing the commercial cannabis business or activity, or any applicable condition of approval of the commercial cannabis permit or any other entitlement pertaining to the operation of the commercial cannabis business. (i) Prior to suspending or revoking a commercial cannabis permit, the City Manager shall conduct a hearing. Written notice of the hearing shall be provided to the permit holder at least five (5) calendar days prior to the hearing. The notice shall contain the basis for suspending or revoking the commercial cannabis permit. Notice may be provided by either personal service, U.S. mail and/or posting or depositing the notice at the commercial cannabis business. After the hearing, the City Manager shall provide notice of the decision whether to suspend or revoke the commercial cannabis permit in the same manner applicable to the notice of hearing. The decision of the City Manager shall be final, subject to judicial review pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6 within ninety (90) calendar days of the date of the decision. The commercial cannabis permit holder has no right to an administrative appeal of the decision.
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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store (j) The City Manager may immediately suspend a commercial cannabis permit without notice or hearing, subject to a subsequent hearing prior to reinstatement or revocation pursuant to subsection (i), under the following circumstances:
1. The commercial cannabis permit holder is convicted of a public offense in any court for the violation of any law which would be grounds for denial of a commercial cannabis permit.
2. The City Manager, Chief of Police, Fire Chief or any other authorized public safety or building official determines that immediate suspension is necessary to protect the public health, safety and welfare of the community. The City Manager shall provide notice of the grounds for immediate suspension of the commercial cannabis permit, and the suspension shall only be for as long as reasonably necessary to address the grounds which led to the suspension.
Section 8.29.05.180 - Limitations on City's Liability.
To the fullest extent permitted by law, the City shall not assume any liability whatsoever with respect to having issued a commercial cannabis permit or otherwise approving the operation of any commercial cannabis business pursuant to this Chapter. As a condition of approval of any commercial cannabis permit issued pursuant to this Chapter, the person to which a commercial cannabis permit is issued shall be required to meet all of the following conditions:
(a) Execute an agreement indemnifying, defending (at its sole cost and expense), and holding the City and its officers, employees, representatives, and agents harmless from any and all claims, losses, damages, injuries or liabilities associated with permitting or approving the operation of a commercial cannabis activity or the operation thereof or associated with the commercial cannabis business or its members' violation of any federal, state or local laws. (b) Maintain insurance at coverages, limits, and with conditions thereon determined necessary by the City Manager, in consultation with the City Attorney. Commercial General Liability insurance shall be maintained at all times with coverage limits that meet or exceed one million dollars ($1,000,000.00) per occurrence and in the aggregate. In the alternative to maintaining Commercial General Liability insurance, a commercial cannabis permit holder may post a bond, in a form subject to approval by the City Attorney, with the City in the minimum amount of one million dollars ($1,000,000.00). The City Manager may, in his or her sole discretion, increase the minimum bond amount required by a commercial cannabis permit holder.
(c) Reimburse the City for any and all costs and expenses, including attorneys' fees and costs and court costs, that the City may be required to pay as a result of any legal challenge related to the City's approval of a commercial cannabis permit pursuant to this Chapter or the City's approval of the operation of a commercial cannabis activity. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the obligations imposed under this Section.
The City may revoke a commercial cannabis permit for failure to maintain the required insurance or bond. The City may provide a commercial cannabis permit holder with written notice of its intent to revoke the commercial cannabis permit and for failure to maintain the required insurance or bond. Within seven (7) calendar days from the date upon the notice of intent to terminate, a commercial cannabis permit holder shall tender to the City proof that it has obtained the required insurance or posted the required bond. If a commercial cannabis permit holder fails to timely provide proof of the required insurance or bond to the City, the commercial cannabis permit shall
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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store be revoked, and the commercial cannabis permit holder shall immediately cease all commercial cannabis business activities. Failure to immediately cease all commercial cannabis business activities shall subject the commercial cannabis permit holder to the penalties, enforcement and cost recovery provisions established within the Arvin Municipal Code and any other legal remedies available to the City.
Section 8.29.05.190 - Commercial Cannabis Permit Application Procedures and Requirements.
(a) In addition to the authority granted pursuant to the express provisions of this Section and Chapter, to the extent consistent with this Chapter and other applicable law, the City Council may by resolution adopt such fees, and the City Manager may adopt such forms and procedures, as are necessary to implement this Chapter with respect to the review, processing, evaluation, selection, investigation, approval, denial, renewal, suspension, and revocation of commercial cannabis permits and related appeals. (b) The owner of a proposed commercial cannabis operation shall file an application with the City Manager upon a form provided by the City and shall pay an application filing fee as established by resolution of the City Council, as may be amended from time to time. The fee may be established as a trust deposit for actual costs. The fee, or the initial trust deposit, shall be in an amount the City Manager estimates will cover the costs of reviewing and processing the application. If a trust deposit-based fee is established, it shall be used and drawn upon as a retainer to cover the actual costs incurred by the City. If the initial amount of the trust deposit is not sufficient, the applicant shall provide additional amounts as necessary within thirty (30) days of a request from the City. If the applicant fails to do so, application review and processing shall cease and shall not continue until such additional amounts are paid.
(c) Each commercial cannabis permit application shall contain, at minimum, the following:
1. The printed full name, signature, date of birth, social security number, a color photocopy of the California Driver's license or equivalent form of identification approved by the City Manager, and current address and telephone number of all owners of and responsible persons for the commercial cannabis business that is the subject of the application.
2. Signed consent of each owner and responsible person, who is identified pursuant to subsection (c)(1) and who is not required to obtain an employee badge pursuant to Section 8.29.05.090, to a fingerprint-based state and federal criminal history records check conducted by the City or an agency authorized or requested to do so by the City, including but not limited to fingerprint analysis conducted utilizing the California Department of Justice Live Scan system or any other system deemed necessary or appropriate in the discretion of the City Manager.
3. The address of the commercial cannabis business to which correspondence from the City is to be sent, if other than the permitted premises.
4. The names and addresses of all businesses operated by, and the employment of, the applicant and its owners for the five (5) years immediately preceding the date of the application.
5. Any litigation in which the applicant(s) has been involved within the five (5) years immediately preceding the date of the application and a statement of whether any business currently operated by the applicant(s) or operated by the applicant(s)
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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store within the five (5) years immediately preceding the date of the application has been investigated or the permit or license authorizing the operation of such business has been revoked or suspended within the five (5) years immediately preceding the date of the application.
6. The address of any commercial cannabis business currently being operated by the applicant or any of its owners, or which has been previously operated by any of them.
7. The existing and/or anticipated supply sources and product supply chain for all cannabis and cannabis products entering and leaving the commercial cannabis business, including the site(s) where cultivation occurs, where the cannabis or cannabis products are processed or manufactured, where any required testing of cannabis or cannabis products occurs, and distribution information. Packaging and labelling information and criteria, demonstrating compliance with Section
8.29.05.240(w), shall also be included.
8. Odor control devices and techniques demonstrating compliance with Section
8.29.05.240(i), sufficient to prevent odors from cannabis from being detectable off of the premises.
9. Procedures for safety and adequately identifying, storing, managing, and disposing of all litter, waste, hazardous materials, contaminants, or adulterated, deteriorated or excess cannabis or cannabis products or byproducts of the commercial cannabis business, and demonstrating compliance with Section 8.29.05.240(t).
10. Information reflecting adequate capitalization of the commercial cannabis business.
11. Procedures for inventory control to prevent diversion of cannabis and cannabis product, employee screening, storage of cannabis and cannabis product, personnel policies, and record-keeping procedures.
12. A detail of the operating procedures to be utilized at the facility, including a description of how chemicals and fertilizers will be stored, handled, used and disposed of, manufacturing methods, the transportation process, inventory procedures, and quality control procedures.
13. A site plan and floor plan of the premises of the commercial cannabis business denoting the property lines and the layout of all structures and areas of the commercial cannabis business including storage, cultivation, manufacturing, testing, distributing, reception or waiting areas, and all ancillary support spaces, and the relationship of the facility to adjacent properties and land uses, indicating compliance with the California Building Standards Code and Title 17 of the Arvin Municipal Code.
14. A plan for the proposed signage at the site, including size, height, colors and design of all signage, demonstrating compliance with Section 8.29.05.240(g). A City sign permit issued pursuant to applicable provisions of the Arvin Municipal Code shall be required.
15. A security plan satisfactorily addressing all required security measures identified in Section 8.29.05.080 and lighting as required by Section 8.29.05.240(x).
16. Standard operating procedures detailing how operations will comply with state and local regulations, how safety and quality of products will be ensured, recordkeeping procedures for financing, testing, and adverse event recording, and product recall procedures.
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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store
17. Proposed days and hours of operation.
18. Recycling and waste disposal procedures reflecting, to the extent practicable, efficiency and conservation of materials and resources used in the commercial cannabis business.
19. Youth access restriction procedures demonstrating compliance with Section
8.29.05.240(h).
20. A transportation plan providing procedures for safely and securely transporting all cannabis, cannabis products and currency to and from the premises.
21. A detailed description of energy and water usage plan enumerating best practices and leading industry practices in efficient utilization of both resources.
22. Evidence of compliance with all applicable insurance-related requirements of this Chapter and State law, including but not limited to Section 8.29.05.180.
Endorsements reflecting the City's status as an additional insured on all required policies shall also be included.
23. A copy of the valid and current City business license held by the applicant.
24. A copy of the valid and current seller's permit issued by the California Department of Tax and Fee Administration (formerly the Board of Equalization) to the applicant, or confirmation from said agency that a seller's permit is not required. If a seller's permit is required but the applicant has not yet received it, an attestation that the applicant is currently applying for a seller's permit shall suffice, provided that a copy of the permit shall be provided to the City immediately upon being obtained by the applicant, and the applicant shall not commence activities for which a seller's permit is required until it is obtained.
25. Identification of any and all other licenses and permits currently or formerly held by the applicant, and any other applications pending review for the applicant, relating to commercial cannabis activities, from any licensing or permitting authority, and specific identification of any licenses or permits denied to, suspended for, or revoked from the applicant.
26. Signed acknowledgment of the requirements of this Chapter, including biannual inspections as established within Section 8.29.05.150.
27. Signed authorization for the City Manager to seek verification of the information contained in the application.
28. A signed statement by the applicant that he or she certifies under penalty of perjury that all the information contained in the application is true and correct.
29. Any other information deemed necessary by the City Manager. (d) A commercial cannabis permit application may be denied based upon any of the following grounds:
1. The applicant has been issued a state or local permit or license to conduct commercial cannabis activities (in California or another state) and the permit or license has been suspended or revoked, or the applicant has otherwise been sanctioned or subjected to administrative disciplinary action relating to the permit or license by any licensing or permitting authority, or the applicant has been involved in a cannabis business that was ordered closed by a civil injunction or other court order based on a violation of law.
2. The applicant, or any owner or responsible person of the commercial cannabis business that is the subject of the application, has been convicted of a serious or
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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store violent offense as listed within California Penal Code Sections 667.5 and 1192.7(c), or the applicant has been convicted of any other offense listed within Business and Professions Code Section 26057.
3. The applicant, or any owner or responsible person of the commercial cannabis business that is the subject of the application, has been convicted of a misdemeanor involving theft, dishonesty, fraud, narcotics sales or narcotic trafficking within the five (5) years preceding the date of the application.
4. The applicant, or any owner or responsible person of the commercial cannabis business that is the subject of the application, has been convicted of a felony involving the illegal use, possession, transportation, distribution or similar activities related to controlled substances, as defined within the Federal Controlled Substance Act, unless the applicant received a Certificate of Rehabilitation as defined in that Act, within the ten (10) years preceding the date of the application.
5. The applicant, or any owner or responsible person of the commercial cannabis business that is the subject of the application, has engaged in misconduct related to the ownership, qualifications, functions or duties of their position with the commercial cannabis business.
6. The applicant, or any owner or responsible person of the commercial cannabis business that is the subject of the application, has engaged in unlawful, fraudulent, unfair, or deceptive business practices as defined by the Arvin Municipal Code and/or state or federal law.
7. The applicant, or any owner or responsible person of the commercial cannabis business that is the subject of the application, is under the age of twenty-one (21).
8. The applicant has violated or failed to comply with any of the requirements of this Chapter or other applicable state or local laws or regulations, or any condition of any entitlement issued to the commercial cannabis business, as determined by the City Manager.
A conviction within the meaning of this Chapter means a plea or verdict of guilty or a conviction following a plea of nolo contendere.
This Section shall not constitute an exhaustive list of grounds for denial of a commercial cannabis application. The City Manager may promulgate regulations identifying additional grounds for denial.
(e) The City Manager shall review each application to determine whether it contains all of the required information. If the application does not contain all of the required information, it shall be returned to the applicant for completion. The City Manager shall endeavor to conclude his or her review within ninety (90) days of the filing of the application. If additional time is necessary, the City Manager will advise the applicant of an estimated review time.
(f) In reviewing an application for a commercial cannabis permit, the City Manager may request whatever additional information is deemed necessary to determine whether the application meets the requirements of this Chapter or other applicable local laws or regulations.
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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store (g) The City Manager shall have the authority to either approve or deny the application for a commercial cannabis permit. The City Manager shall approve the application if and only if it meets all applicable requirements of this Chapter. Notwithstanding any other provision of this Chapter, the City Manager, when approving a commercial cannabis permit, may place any additional limitations and conditions on the operation of a commercial cannabis business as he or she deems necessary, consistent with the with this Chapter and any regulations promulgated pursuant hereto.
(h) Payment of an annual commercial cannabis permit fee, in an amount set by resolution of the City Council sufficient to cover the City's annual costs of administering the mandatory regulatory functions of this Ordinance in regard to the permitted commercial cannabis business, including but not limited to inspections, audits and investigations, shall be required before issuance or renewal of any commercial cannabis permit pursuant to this Chapter. The fee may be established as a trust deposit for actual costs. The fee, or initial trust deposit, shall be in an amount the City Manager estimates will cover the City's annual costs as described in this paragraph. If a trust deposit-based fee is established, the trust deposit shall be used and drawn upon as a retainer to cover the actual costs incurred by the City. If the initial amount is not sufficient, the applicant shall provide additional amounts as necessary upon request from the City. Failure to pay such additional amounts within thirty (30) days of a request by the City shall constitute a violation of this Ordinance and grounds for denial, non-renewal or revocation of the subject commercial cannabis permit. (i) When an application is denied, the City Manager shall provide a statement of decision giving the reasons for the denial and the findings upon which the decision is based. Notice of the denial may be provided by either personal service or U.S. mail. Notice is presumed to be served upon the applicant once deposit into the U.S. mail. Any person denied a commercial cannabis permit shall have the right to appeal such denial in accordance with this Section.
(j) Any appeal of a denial of an application shall be filed and conducted as prescribed in this subsection.
1. Within ten (10) calendar days from the date of the denial of an application, the aggrieved party may appeal such action by filing with the City Clerk a written appeal setting forth the grounds for reversing the denial. The time requirement for filing an appeal shall be deemed jurisdictional and may not be waived. Appeals not timely filed or not setting forth the basis for the appeal are defective and shall be dismissed.
2. Upon receipt of such written appeal, the City Clerk shall set the matter for a hearing before the City Manager. The hearing shall be conducted pursuant to the following procedures:
i. All hearings shall be recorded. Any party may, at their sole expense, have the hearing transcribed by a certified shorthand reporter. ii. Hearings need not be conducted according to the technical rules of evidence.
iii. Any relevant evidence shall be admitted, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.
5.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store iv. Oral evidence shall be taken only on oath or affirmation. The City Manager shall have the power to administer oaths.
v. Irrelevant and unduly repetitious evidence shall be excluded. vi. Each party shall have the right to: call and examine witnesses on any matter relevant to the issues of the hearing; introduce documentary and physical evidence; cross-examine opposing witnesses on any matter relevant to the issues of the hearing, subject to the control of the City Manager, including the imposition of reasonable alternatives to cross-examination; impeach any witness regardless of which party first called the witness to testify; rebut the evidence; and be represented by anyone who is lawfully permitted to do so. vii. The City Manager may take official notice, either during the hearing or after submission of the matter for decision, of any fact which may be judicially noticed by the courts of this state or of official records, regulations, rules, and decisions of state and local agencies, boards and departments and of City ordinances. In addition, the City Manager may take official notice of matters in its own files and of prior proceedings under this chapter involving the same issues. If applicable, the City Manager may also take official notice of any generally accepted technical or scientific matter within their expertise. The parties present at the hearing shall be informed of the matters to be noticed, and those matters should be noted in the record, referred to therein, or appended thereto. Any such party shall be given a reasonable opportunity on request to refute the officially noticed matters by evidence or by written or oral presentation of authority, and
viii. The City Manager may provide for reasonable continuances of the hearing, on his/her own initiative or at the request of a party, as necessary to properly conduct the appeal.
The hearing shall be set for hearing in a reasonable time after the date of filing the appeal with the City Clerk, but in no event later than ninety (90) days from the date of such filing. At least ten (10) days prior to the date of the hearing on the appeal, the City shall notify the appellant of the time and the place of the hearing. Notice may be provided by either personal service or U.S. mail. Notice is presumed to be served upon deposit into the U.S. mail.
3. At the conclusion of the hearing, the City Manager shall deliberate and reach a decision within fifteen (15) calendar days. The decision and the reason(s) for the decision shall be reduced to writing. The City Manager may affirm, reverse, or modify the denial issued pursuant to this Code as the facts and law warrant, subject to the following limitations:
i. The City Manager shall not have authority to waive any requirements of the Arvin Municipal Code or other applicable law.
ii. Nothing in these procedures shall be deemed to authorize the City Manager to deviate from unambiguous provisions of the governing code or statute, or well-established interpretations of the same, based upon expert opinions or other reliable evidence.
A copy of the decision shall be sent by mail or otherwise to the appellant. Where known, a copy may also be provided by email.
5.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store
4. The decision of the City Manager shall be subject to a further administrative appeal to the Planning Commission, which shall be conducted in accordance with the procedures and requirements applicable to the appeal to the City Manager pursuant to this subsection. The decision of the Planning Commission shall be subject to further administrative appeal to the City Council, which shall be conducted in accordance with the procedures and requirements applicable to the appeal to the City Manager pursuant to this subsection.
5. The decision of the City Council on the appeal shall constitute a final administrative decision. The appellant may thereafter file a petition for writ of mandate in superior court pursuant to Code of Civil Procedure Section 1094.5 and 1094.6 within ninety (90) calendar days of the date of the decision.
Section 8.029.05.200 Development Agreement.
A qualified applicant, pursuant to subsection (b) of this Section, may apply to enter into a development agreement with the City pertaining to a commercial cannabis operation. The provisions of this Section shall apply to such applications. (a) Content and Procedures.
(1) Development agreements entered into pursuant to this Chapter shall set forth the terms and conditions under which the commercial cannabis business will operate that are in addition to the requirements of this Chapter, including, but not limited to, public outreach and education, community benefit, community service, payment of fees and other charges as mutually agreed, and such other terms and conditions that will protect and promote the public health, safety, and welfare of the City.
(2) The procedures for commercial cannabis development agreements shall comply with this Chapter, Chapter 16.40 of the Arvin Municipal Code, and Article 2.5 of Chapter 4 of Division 1 of Title 7 of the California Government Code. To the extent there is a conflict between this Chapter and Chapter 16.40 of the Arvin Municipal Code with respect to a development agreement for a commercial cannabis business, this Chapter shall govern.
(b) Qualified Applicant. Development agreements are for substantial development projects, often requiring an investment in infrastructure and/or improvements, payment of development impact fees, and contribution of non-restricted funds that benefit the community. Such agreements are special contracts to be negotiated with property owners or those with an interest in the land. A qualified applicant is a person who meets all of the following criteria, with satisfaction of each criterion to
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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store be determined in the sole discretion of the City Manager:
(1) The applicant has a pending or approved application for a commercial cannabis permit on file with the City pertaining to the real property that will be subject to the development agreement;
(2) The applicant holds a legal or equitable interest in the real property that will be the site of the commercial cannabis business. If the applicant does not own the property, the applicant must have a legal right to purchase or develop the property and/or notarized written consent from the owner of the property to operate a commercial cannabis business on the property and to enter into a development agreement with the City pertaining to the property. (c) Filing Requirements.
(1) Only a qualified applicant may file an application to enter into a development agreement. An applicant shall provide, to the satisfaction of the City Manager, written proof of meeting the criteria in subsection (b) above, as well as proof of the authority of any agent or representative to act for the applicant.
(2) The City Manager shall prescribe the form for each application, notice and documents provided for or required under this Section for the preparation and implementation of development agreements. The applicant shall complete and submit such an application form to the City Manager, along with a deposit for the estimated direct and indirect costs of processing the development agreement. Each applicant pursuant to this Section shall be required to pay a development agreement application fee, in an amount established by resolution of the City Council, sufficient to cover the City’s costs of review and processing of the development agreement application pursuant to this Section. The fee may be established as a trust deposit for actual costs. The fee, or the initial trust deposit, shall be in an amount the City Manager estimates will cover the costs of reviewing and processing the application. If a trust deposit-based fee is established, the trust deposit shall be used and drawn upon as a retainer to cover the actual costs incurred by the City. If the initial trust deposit is not sufficient, the applicant shall provide additional amounts as necessary within thirty (30) days upon of a request from the City. If the applicant fails to do so, the application review and processing shall cease and shall not continue until such additional amounts are paid.
(3) The City Manager shall require an applicant to submit such information and supporting data as the City Manager considers necessary to process the application, including but not limited to a community benefit assessment to evaluate the benefits the development agreement will provide to the community.
(d) Processing Requirements.
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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store (1) The City Manager shall endorse on the application the date it is received.
An application or related document shall not be complete until an estimated deposit for the cost of processing has been paid to the City. The City Manager shall review the application and determine any additional requirements necessary to complete processing of the application. If within thirty (30) days of receiving the application the City Manager finds that all required information has not been submitted or the application is otherwise incomplete or inaccurate, the processing of the application and the running of any limits shall be suspended upon written notice to the applicant and a new thirty (30) day period shall commence once the required material is received by the City Manager.
(2) If the City Manager finds that the application is complete, it shall be accepted for filing and the applicant so notified. After receiving the required information and determining that the application is complete, the City Manager shall prepare a staff report and recommendation to the Planning Commission and City Council stating whether or not the agreement as proposed or in an amended form would be consistent with policies of the City, this Chapter and any applicable general or specific plan. The City Attorney shall review the proposed development agreement as to legal form.
(3) Notice of a hearing regarding the development agreement shall be given by the City Manager and shall comply with the requirements of Section 65867 of the California Government Code, as may be amended, as well as in the manner set forth in this Code.
(4) The Planning Commission shall review the proposed development agreement and provide a recommendation to the City Council to approve, approve with modifications or deny the proposed development agreement.
If the Planning Commission fails to take action within sixty (60) days of opening the hearing on the matter, such failure shall be deemed to have made a recommendation of denial to the City Council unless the applicant has requested an extension of time, either in writing or on the record, which has been approved by the Planning Commission prior to the running of the sixtieth day.
(5) The proposed development agreement shall be set for hearing and consideration before the City Council within sixty (60) days of the recommendation of the Planning Commission, unless the applicant agrees in writing to an extension of time with the City Manager prior to the matter being heard by the City Council.
(6) Within ten (10) calendar days after the City enters into any development agreement pursuant to this Section, the City Clerk shall have the agreement recorded with the County Recorder. If the parties to the agreement or their successors in interest amend or cancel the agreement as provided in Section 65868 of the California Government Code, or if the City terminates or
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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store modifies the agreement as provided in Section 65865.1 of the California Government Code for failure of the applicant to comply in good faith with the terms or conditions of the agreement, the City Clerk shall have notice of such action recorded with the County Recorder.
(e) Findings and Development Agreement Conditions. After the City Council completes the public hearing, the City Council may not approve the development agreement unless it finds that the provisions of the agreement:
(1) Are consistent with the goals, objectives, and policies of the general plan and any applicable specific plan;
(2) Are compatible with the uses authorized in and the regulations prescribed by this Chapter, zoning district in which the activity is located, and area in which the real property is located;
(3) Will not be detrimental to the health, safety, environmental quality, and general welfare of the community;
(4) Will provide for or result in contributions, services or facilities that benefit the community, which may include, but are not limited to, public facilities, improvements, and services, parks, recreation and open space improvements, public art, youth sports programs, other public youth benefit programs, substance abuse awareness and recovery programs, and other public service programs.
(5) Will not adversely affect the orderly development of property or the preservation of property values;
(6) Provides for payment by the applicant of all costs associated with preparing and entering into the agreement; and
(7) Provides for a reasonable penalty for any violation of the development agreement.
(f) Effectiveness of a development agreement pursuant to this Section shall be contingent upon issuance of a commercial cannabis permit and all other entitlements necessary to operate a commercial cannabis business on the subject property.
(g) Modifications and Extensions.
(1) The provisions of Section 65868 of the California Government Code shall apply for all modifications, with the exception of Minor Modifications, extensions or other amendments of the terms of a development agreement subject to this Chapter.
(2) Either party may propose an amendment or termination of an approved development agreement subject to the following:
5.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store (i) The procedure for amending or terminating the development agreement is the same as the procedure for entering into an agreement in the first instance.
(ii) The development agreement may be amended or cancelled only by the mutual consent of the parties, as provided in Section 65868 of the California Government Code.
(3) Nothing herein shall limit the City’s ability to terminate or modify the agreement consistent with Section 65865.1 or 65865.3 of the California Government Code, or as may be amended.
(4) Minor modifications to a Development Agreement may be authorized by the City Manager, upon consultation with the City Attorney. (5) The Development Agreement may necessitate further planning and development of the Project and may demonstrate that refinements and changes are appropriate with respect to the details and performance in implementing the Project under a Development Agreement. The Development Agreement may permit a certain degree of flexibility with respect to the details of the development of the Project and with respect to those items covered in general terms under a Development Agreement. A Minor Changes (as hereinafter defined) when found to be necessary or appropriate, a written request shall be submitted to the City Manager, unless otherwise required by federal, state or local ordinance and/or regulation, effectuate such changes or adjustments through administrative amendments executed by the City Manager or designee. Upon approval of a Minor Modification, it shall be attached as addenda and become a part of the Development Agreement. Minor Modifications shall be recorded with the Development Agreement.
(6) The term “Minor Changes” collectively means:
(a) minor deviations to the Project Approvals that are permitted under the Existing City Requirements and are reasonably approved by the City Manager;
(b) a reduction in the parking ratio requirements for the Project under consistent with the Arvin Municipal Code, provided that (i) the reduction does not exceed ten percent (10%) of the Code requirement, and (ii) the reduction is approved by the City Manager, which approval shall not be unreasonably withheld or denied; or
(c) such other changes, modifications or adjustments to the Project Approvals, which the City Manager determines are consistent with the overall intent of the Project Approvals and which do not materially alter the overall nature, scope, or design of the Project, and which are consistent with the requirements of Chapter 8.29.05 of the Arvin
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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store Municipal Code and any commercial cannabis activity regulations or policies established by the City Manager.
(7) Assumption Agreement(s) - No Modification. An Assumption Agreement shall be subject to the terms of an approved Development Agreement. An Assumption Agreement shall not limit, restrict, modify, alter, amend or otherwise change in any manner the rights and obligations of an Assignor or Assignee under the DA, and in the event of any conflict between the terms and provisions of an Assumption Agreement and the terms and provisions of the DA, the terms and provisions of the DA shall control.
(8) In effecting any Minor Changes, the City shall cooperate with the Developer, provided that the permitted uses are not modified from those in the Project Approvals and any changes are in accordance with the Existing City Requirements. Minor Changes shall not be deemed to be an amendment to a Development Agreement under California Government Code section 65868 but are ministerial clarifications and adjustments, and unless otherwise required by law, no such administrative amendments shall require prior notice or hearing by the City Council. Any amendment or change requiring a environmental impact report, or a supplement thereto, pursuant to CEQA shall not be considered a Minor Change, but shall be considered substantive amendment which shall be reviewed and approved by the City Council as determined by the applicable provisions of the Arvin Municipal Code relating to the hearing and approval procedures for the specific Project Approval.
Section 8.29.05.220 - Records and Reporting.
(a) Commercial cannabis operations shall maintain on the permitted premises the following records either in paper or electronic form:
1. The full name, address, and telephone numbers of the owner and lessee of the property.
2. The name, date of birth, address, and telephone number of each employee and independent contractor of the commercial cannabis operation; the date each was hired or retained; and the nature of each person's participation in the commercial cannabis business.
3. Copies of all required state licenses.
4. An inventory record documenting the dates and amounts of cannabis and cannabis products received at the site, the daily amounts of cannabis and cannabis products on the site, and the daily amounts of cannabis and cannabis products leaving the site for any reason, including but not limited to cannabis that is sold, delivered, or distributed.
5. A written accounting of all expenditures, costs, revenues and profits of the commercial cannabis operation, including but not limited to cash and in-kind transactions.
6. A copy of all insurance policies related to the operation of the commercial cannabis operation.
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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store
7. A copy of the commercial cannabis operation's most recent year's financial statement and tax return.
8. Proof of a valid and current permit issued by the City in accordance with this chapter, and the equivalent State of California license to operate the commercial cannabis business. Every commercial cannabis business shall display at all times during business hours the City permit issued pursuant to the provisions of this Chapter, and the equivalent State license, in a conspicuous place so that it may be readily seen by all persons entering the location of the commercial cannabis operation.
(b) Subject to HIPAA rights and regulations unrelated to the purpose and intent of the inspection, each commercial cannabis business shall allow City officials, upon request, to inspect all books, accounts, records, information and data required to be maintained by the cannabis business pursuant to this Chapter or otherwise relevant to its permitted activities for the purpose of facilitating any inspection, audit or investigation deemed necessary by the City. Such records shall be produced within twenty-four (24) hours after receipt of the City's request.
(c) By December 1 of each year, each commercial cannabis business shall file with the City Manager a complete audited report detailing its financial operations for the previous fiscal year, including its gross revenues, net profits, and total expenditures, which report shall be certified by an independent certified public accountant in accordance with generally accepted auditing and accounting principles. The report shall also include a discussion, analysis, and verification of each of the records required to be maintained pursuant to this Chapter. The information contained in the report shall be made available to the City in standard electronic format which shall be compatible with Microsoft Office programs and software and which can easily be imported into either Excel, Access or any other contemporary software designated by the City Manager, and shall be subject to audit by the City.
(d) All records required by this Chapter shall be maintained by commercial cannabis businesses for a period of not less than seven (7) years, and commercial cannabis businesses shall maintain accurate records of all commercial cannabis activities. All such records shall be made available for immediate inspection by the City upon request consistent with California Business and Professions Code Section 26160.
Section 8.29.230 - Prohibition on Transfer of Commercial Cannabis Permits. (a) No commercial cannabis business shall operate under a commercial cannabis permit issued pursuant to this Chapter at any place or location other than that identified in the commercial cannabis permit.
(b) Any permit issued pursuant to this Chapter shall be null and void upon sale or transfer of ownership of the commercial cannabis business.
(c) Any attempt to transfer or any transfer of a commercial cannabis permit issued pursuant to this Chapter shall be void and the commercial cannabis permit shall be deemed immediately revoked and no longer of any force or effect. (d) Notwithstanding (a) or (b) above, the City Manager may conditionally approve a Commercial Cannabis Business permit transfer subject to the proposed transferee submittal of all required application materials (new Commercial Cannabis Permit), pays all applicable fees and charges, and independently meets the requirements of this Chapter.
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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store Prior to approval or conditional approval of a transfer, the existing Commercial Cannabis permit must have met all the applicable requirements.
Section 8.29.05.240 - General Operating Requirements for Commercial Cannabis Businesses.
In addition to those operating requirements specifically set forth elsewhere in this Chapter and except as may otherwise be expressly set forth in this Chapter, the following operating requirements shall apply to all commercial cannabis businesses operating in the City:
(a) Hours of Operation. Normal business hours for commercial cannabis businesses are eight (8:00) a.m. and seven (7:00) p.m., Monday through Sunday. Subject to the night-time operating restrictions applicable to deliveries set forth in Section 8.29.05.280, commercial cannabis businesses may operate outside normal business hours, provided that any business activity conducted outside of normal business hours shall be sensitive to surrounding land uses and occupants and shall not result in excessive light, noise or other impacts that could cause a nuisance to members of the surrounding community. (b) Restriction on Consumption. Cannabis shall not be consumed on the premises of any commercial cannabis businesses, except that medicinal cannabis may be consumed within a clinic, health care facility, residential care facility, or residential hospice licensed pursuant to applicable provisions of the California Health & Safety Code, as stated in Section 8.29.05.06 of the Arvin Municipal Code.
(c) No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the public right-of-way or other public area or any adjacent property. No outdoor storage of cannabis or cannabis products is permitted at any time. (d) Reporting and Tracking of Product and of Gross Sales. Each commercial cannabis business shall have in place a point-of-sale tracking system to track and to report on all aspects of the commercial cannabis business including, but not limited to, such matters as tracking of cannabis and cannabis products, inventory data, and gross sales (by weight and by sale price) and shall ensure that such information is compatible with the City's recordkeeping systems. The system must have the capability to produce historical transactional data for review by the City. All information provided to the City pursuant to this subsection shall be confidential and shall not be disclosed, except as may otherwise be required under law. (e) All cannabis and cannabis products sold, cultivated, manufactured, delivered, distributed or tested shall be cultivated, manufactured, delivered, distributed or tested by State licensees that maintain operations in full conformance with the state and local laws and regulations.
(f) Emergency Contact. Each commercial cannabis business shall provide the City Manager with the name and telephone number (office and mobile) of an on-site employee or owner to whom emergency notice can be provided on a 24-hour per day, 7-day per week basis. (g) Signage and Notices.
1. In addition to the requirements otherwise set forth in this Section, business identification signage for a commercial cannabis business shall conform to the signage requirements of the Arvin Municipal Code, including, but not limited to, issuance of a City of Arvin sign permit.
2. Business identification signage shall be limited to that needed for identification only and shall not contain any logos or information that identifies, advertises, or lists the services or the products offered. No commercial cannabis business shall
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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store advertise by having a person holding a sign and advertising the business to passersby, whether such person is on the premises of the commercial cannabis business or elsewhere including, but not limited to, the public right-of-way.
3. No signs placed on the premises of a commercial cannabis business shall obstruct any entrance or exit to the building or any window.
4. Each entrance to a commercial cannabis business shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises or in the areas adjacent to the commercial cannabis business is prohibited.
5. Signage shall not be directly illuminated, internally or externally. No banners, flags or other prohibited signs may be used at any time.
(h) Minors. Persons under the age of twenty-one (21) years shall not be allowed on the premises of a commercial cannabis business. It is unlawful and a violation of this Chapter for any person to employ any person at a commercial cannabis business who is not at least twenty-one (21) years of age. The entrance to the commercial cannabis business shall be clearly and legibly posted with a notice that no person under the age of twenty-one (21) years of age is permitted to enter upon the premises of the commercial cannabis business. (i) Odor Control. Odor control devices and techniques shall be incorporated in all commercial cannabis businesses to ensure that odors from cannabis are not detectable off-site.
Commercial cannabis businesses shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the commercial cannabis business that is distinctive to its operation is not detected off the premises, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the public, or within any other unit located inside the same building as the commercial cannabis business. As such, commercial cannabis businesses must install and maintain the following equipment or any other equipment which the City Manager determines has the same or better effectiveness:
1. An exhaust air filtration system with odor control that prevents internal odors from being emitted externally;
2. An air system that creates negative air pressure between the commercial cannabis business's interior and exterior so that the odors generated inside the commercial cannabis business are not detectable on the outside of the commercial cannabis business.
(j) Display of Commercial Cannabis Permit, State License and City Business License. The original copy of the commercial cannabis permit issued by the City pursuant to this Chapter, the required State license, and the business license issued by the City pursuant to the Arvin Municipal Code shall be posted inside the commercial cannabis business in a location readily visible to the public.
(k) Criminal History Records Check.
1. Every owner of each commercial cannabis business must submit to annual fingerprint-based state and federal criminal history records checks, conducted by the City or another agency authorized or requested to do so by the City, as an application requirement in connection with each application for issuance or renewal of a commercial cannabis permit for the commercial cannabis business.
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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store
2. The criminal history records check may be conducted utilizing the California Department of Justice Live Scan system or any other system deemed necessary or appropriate in the discretion of the City Manager. The City Manager is authorized to request subsequent notification service, if Live Scan is used, or an equivalent service, if another system is used, sufficient to obtain ongoing notifications of criminal offenses committed by owners of commercial cannabis businesses. In the event the City Manager does so, and such subsequent notification or equivalent service reveals a conviction or other conduct, such a conviction or other conduct shall constitute grounds for immediate suspension or revocation of the subject commercial cannabis permit.
3. Owners and responsible persons shall be disqualified from involvement with a commercial cannabis business where the results of a criminal history records check would constitute grounds for denial.
4. A fee for the City's costs of conducting the criminal history records check, as established by resolution of the City Council, shall be paid at the time the application for a commercial cannabis permit is submitted. The fee may be established as a trust deposit for actual costs. The fee, or the initial trust deposit, shall be in an amount the City Manager estimates will cover the costs of conducting the criminal history records check, including City review and processing services and any third-party fees. If a trust deposit-based fee is established, it shall be used and drawn upon as a retainer to cover the actual costs of such investigation. If the initial trust deposit is not sufficient, the applicant shall provide additional amounts as necessary within thirty (30) days of a request from the City. If the applicant fails to do so, the investigation shall cease and shall not continue until such additional amounts are paid.
5. In the alternative to subsection (k)(4) above, the commercial cannabis business or the subject owner, may provide the City Manager with a completed criminal history records check performed by a third party vendor, as deemed necessary or appropriate in the discretion of the City Manager. If this alternative is used, the fee established pursuant to subsection (k)(4) above shall not apply, except as may be necessary for the City to confirm the validity and the results of the records check used.
(l) Upon completion of the investigation or in the event the applicant withdraws its application, any unused amount of any trust deposit made pursuant to this Chapter will be refunded to the applicant within thirty (30) days of request by the applicant. (m)Loitering. The owner and/or operator of a commercial cannabis business shall prohibit loitering on the premises of the commercial cannabis business. (n) Permits and other Approvals. Prior to the establishment or operation of any commercial cannabis business, the person intending to establish a commercial cannabis business must first obtain all applicable planning, zoning, building, and other applicable permits from the relevant governmental agency which may be applicable to the zoning district in which such commercial cannabis business intends to establish and to operate. (o) Greenhouses. Greenhouses may be utilized only for commercial cannabis cultivation businesses, including nurseries. Greenhouses used for cannabis cultivation shall be fullyenclosed permanent structures with solid walls that are clad in an opaque material with climate control, such as heating and ventilation capabilities and supplemental artificial
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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store lighting, and that use a combination of natural and supplemental artificial lighting. The cultivation activities conducted within a greenhouse shall not be visible from any public right-of-way or adjacent private property. All greenhouses shall comply with the requirements of this Chapter and the Arvin Municipal Code, including the adopted requirements of the California Building Code, the California Fire Code and any other code adopted or incorporated by reference within the Arvin Municipal Code, as amended.
Greenhouse must have a minimum of 2,000 square feet.
(p) No commercial cannabis business may store food grade alcohol or any other volatile chemical, solvent or substance in an amount which exceeds the maximum authorized amount determined by the Fire Chief. Subject to the foregoing, use of food grade alcohol solely for the purposes of cleaning machinery and dissolving wax, unless otherwise prohibited by the State, is allowed.
(q) Commercial cannabis businesses shall comply with all pesticide use requirements of local, state and federal law.
(r) All weighing devices used by commercial cannabis businesses shall be maintained in compliance with local, state or federal law and applicable regulations regarding device registration with the Agricultural Commissioner.
(s) Commercial cannabis businesses shall comply with all applicable provisions of the California Building Standards Code, as adopted or incorporated into the Arvin Municipal Code.
(t) Commercial cannabis businesses shall comply with all local, state and federal laws and regulations and best practices applicable to storage and disposal of chemicals, solid waste, contaminants, hazardous materials, adulterated, deteriorated or excess cannabis and cannabis products, and all byproducts of the commercial cannabis business. (u) In no case shall any commercial cannabis business utilize any volatile solvents or other flammable, explosive or toxic substances to process or manufacture cannabis products in the City, except as expressly authorized pursuant to both a Type 7 State license and a Cityissued commercial cannabis permit. (v) All food products, food storage facilities, food-related utensils, equipment and materials shall be approved, used, managed and handled in accordance to the provisions of the California Retail Food Code, California Health and Safety Code Sections 113700 through 114437. All food products shall be protected from contamination at all times, and all food handlers must be clean, in good health and free from communicable diseases. (w)All cannabis and cannabis products, prior to leaving any licensed premises for transfer to any retailer, shall be properly labeled and placed in resealable, tamper-evident, childresistant packaging, shall include a unique identifier for the purposes of identifying and tracking cannabis and cannabis products, and shall otherwise comply with applicable State laws, including Business and Professions Code Section 26120, and applicable State regulations, all as may be amended from time to time.
(x) The premises of all commercial cannabis businesses shall have sufficient lighting such that all areas subject to monitoring by the security surveillance camera system shall be visible to all cameras of the system at all times.
Section 8.29.05.250 - Operating Requirements for Cultivation Businesses and Nurseries. (a) Outdoor commercial cultivation and outdoor nursery activity is prohibited.
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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store (b) If a commercial cannabis business includes nursery activities, only one nursery may be located on the premises of the commercial cannabis business, and the nursery activity must be permitted pursuant to this Chapter and State law.
(c) Cannabis cultivation and nursery activity shall be conducted in accordance with state and local laws related to land conversion, grading, electricity, water usage, water quality, woodland and riparian habitat protection, agricultural discharges, and similar matters. (d) Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage or inadvertent damage from pests, rodents or other wildlife. (e) In no case shall any hazardous, flammable or explosive substances be used to process or manufacture cannabis products on site, except as otherwise stated in this Chapter pertaining to food grade alcohol.
(f) The cultivation of cannabis and any nursery activity shall at all times be operated in such a way as to ensure the health, safety, and welfare of the public, the employees working at the commercial cannabis business, visitors to the area, neighboring properties, and the end users of the cannabis being cultivated, to protect the environment from harm to streams, fish, and wildlife; to ensure the security of the cannabis being cultivated; and to safeguard against the diversion of cannabis.
(g) Stacking shall be allowed in a given structure only to the point that measuring the total canopy of each level of stacking is cumulatively no greater than the maximum canopy size allowed under State laws or regulations applicable to the State cultivation license held by the commercial cannabis business
(h) All applicants for a commercial cannabis permit for cultivation or nursery activity shall submit the following, which shall be subject to approval by the City Manager prior to issuance of a commercial cannabis permit to the applicant, in addition to the information otherwise required for a commercial cannabis permit application:
1. An operations plan that meets or exceeds minimum legal standards for water usage, conservation and use; drainage, runoff, and erosion control; watershed and habitat protection; and proper storage of fertilizers, pesticides, and other regulated products to be used on the parcel, proper disposal of waste materials, and a description of the nursery or cultivation activities and schedule of activities during each month of growing and harvesting, or explanation of growth cycles and anticipated harvesting schedules for all-season harvesting.
2. A description of a legal water source, irrigation plan, and projected water use.
3. Identification of the source of electrical power and plan for compliance with applicable Building Codes and related codes.
4. Plan for addressing odor and other public nuisances which may result from the nursery or cultivation site.
Section 8.29.05.260 Cannabis Manufacturing Business Operating Requirements. (a) Manufacturer 1 (Type 6) permittees shall utilize only manufacturing processes that are either solventless or that employ only nonflammable, nontoxic solvents that are generally recognized as safe pursuant to the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.).
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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store (b) Manufacturer 2 (Type 7) permittees shall utilize only manufacturing processes that use solvents exclusively within a closed-loop system that meets all of the following requirements:
1. The system uses only solvents that are generally recognized as safe pursuant to the federal Food, Drug, and Cosmetic Act (21 U.S.C. Sec. 301 et seq.).
2. The system is designed to recapture and contain solvents during the manufacturing process, and otherwise prevent the off-gassing of solvents into the ambient atmosphere to mitigate the risks of ignition and explosion during the manufacturing process.
3. A licensed engineer certifies that the system is commercially manufactured, safe for its intended use, and built to codes of recognized and generally accepted good engineering practices, including, but not limited to, the American Society of Mechanical Engineers (ASME), the American National Standards Institute (ANSI), Underwriters Laboratories (UL), the American Society for Testing and Materials (ASTM), or OSHA Nationally Recognized Testing Laboratories (NRTLs).
4. The system has a certification document that contains the signature and stamp of a professional engineer and the serial number of the extraction unit being certified. (c) No compressed gases used in the manufacturing process shall be stored on the premises of any manufacturer in excess of the amount authorized by the Fire Chief (d) No manufacturer may engage in the retail sale, by delivery or otherwise, of any manufactured cannabis products, including edible cannabis products, on a retail basis in the City.
(e) All cannabis products shall be properly packaged and labeled in accordance with Business & Professions Code Section 26120 and applicable State regulations before leaving the commercial cannabis manufacturing business. All edible cannabis products must be in an opaque (non-see-through) package.
(f) Manufacturers shall comply with all applicable federal, State and local laws and regulations relating to manufacturing safety procedures.
Section 8.29.05.270 - Cannabis Testing Laboratory Operating Requirements. (a) Commercial cannabis testing laboratories (e.g. businesses requiring a Type 8 State license) shall comply with all applicable federal, state and local laws, regulations and/or guidelines governing testing procedures and safety measures.
(b) Testing laboratories are prohibited from obtaining permits to engage in any commercial cannabis activity, except testing. A commercial cannabis business which holds a commercial cannabis permit for testing shall not be issued or hold any other commercial cannabis permit.
(c) Testing laboratories shall not employ any individual who is also employed by any other State licensee that does not hold a Type 8 State license. (d) Testing laboratories must be accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity, and must provide proof of said accreditation, to the satisfaction of the City Manager, as a prerequisite to obtaining a commercial cannabis permit authorizing testing of cannabis or cannabis products.
Section 8.29.05.280 - Cannabis Retail/Delivery Businesses Operating Requirements
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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store (a) Retail sales of cannabis and cannabis products in the City shall be conducted by delivery only.
(b) All commercial cannabis businesses conducting deliveries shall have permitted premises in the City from which all deliveries to addresses in the City or outside of the City shall be conducted. Commercial cannabis businesses that do not have physical premises located in the City, and/or that propose to deliver into the City from premises outside the City, shall not be eligible for issuance of a commercial cannabis permit, and are prohibited from conducting deliveries in the City.
(c) The premises of all commercial cannabis businesses that are permitted to conduct deliveries shall be closed to the general public at all times and shall be accessible only to employees and persons with a bona fide business or regulatory purpose for accessing the premises.
(d) In accordance with Business & Professions Code Section 26070.1, cannabis or cannabis products purchased by a customer shall not leave the permitted premises of a retailer unless they are placed in an opaque package. Lake i
(e) Retailers shall not accept, possess, or sell cannabis or cannabis products that are not packaged and labeled as they will be sold at final sale and in accordance with Business & Professions Code Section 26120, as may be amended. Retailers shall not package or label cannabis or cannabis products.
(f) No employee or other person acting on behalf of a commercial cannabis operation permitted to conduct deliveries may possess or deliver more than $3,000 worth of cannabis or cannabis products at any given time.
(g) No delivery shall be made to any person other than the person who requested the delivery, except when the person requesting the delivery is a qualified patient and the person receiving the delivery is his or her primary caregiver, or vice versa. (h) Any person who is present on the permitted premises of a commercial cannabis business permitted to conduct deliveries who is not an employee, officer, agent, or representative of the retailer must sign in and wear a "visitor" identification badge at all times while on the premises.
(i) Proof of the required State license and commercial cannabis permit, and a copy of all requests/orders for deliveries being conducted, shall be carried at all times in all vehicles being used to make deliveries, and shall be immediately available upon request from law enforcement officers.
(j) Deliveries shall not be conducted between the hours of 11:00 p.m. and 7:00 a.m.
Section 8.29.05.290 - Total Area Devoted to Commercial Cannabis Businesses (a) No more than one million, three hundred fifty thousand (1,350,000) square feet of area shall be permitted for use by commercial cannabis businesses in the City. Notwithstanding the foregoing, land annexed into the City after the date of enactment of this Chapter shall not be subject to, nor shall be counted toward, this restriction. (b) The square footage of premises of each permitted commercial cannabis business shall be a minimum of 2,000 square feet in area. A coexisting, Commercial Cannabis business, subtenant, may be located, with the City Manager or designee’s approval or conditional approval, in a building area of less than 2,000 square feet where the Commercial Cannabis business is in conjunction with another approved Commercial Cannabis activity permitted in a building larger than 2,000 square feet.
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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store (c) Accessory Structures in Support of Commercial Cannabis Businesses may, at the City Manager’s or designee approval or conditional approval, be authorized. The ratio of 1:1 square footage (Accessory Structure vs Commercial Cannabis Business) shall not exceed 25,000 square feet. (Example: Commercial Cannabis Business with 25,000 square feet may be authorized to have up to 25,000 square feet of Accessory Structures). All Accessory Structures shall be affixed to concrete foundations and must conform to the California Building Code (CBC), California Electrical Code (CEC) and American Mechanical Code (AMC). Accessory structures shall meet the requirements of Section 8.029.05.080 Security Measures and must have exterior lights around all four sides or appropriate detached lighting as approved by the City. Accessory structure(s) may be less than the minimum square footage as established in 8.029.05.290 (b). Accessory Structures shall be screened from public view – design of screening shall be at the discretion of the City Manager or designee. Accessory Structures square footage shall be included as established by Section 8.029.05.290 Total Area Devoted to Commercial Cannabis Businesses.
Section 8.29.05.295 – Type 10 and 12 Store Front Sales be subject to preliminary approval by the City Manager:
(a) Limitation of Store Front Sales: No more than one Store Front Sales per 10,000 population or portion thereof will be permitted.
(b) Operation and Contribution to Community Application Required: Prior to the submittal of a Commercial Cannabis Application for a Store Front Sales, a Proposal for Operation and Contribution to Community shall be submitted to the City Manager. The City Manager may create application that outline minimum expectations of the proposed operator.
(c) Review Time of Application: Upon receipt of an application Proposal for Operation and Contribution to Community, the City Manager shall review within 60 days and may prepare an acceptance letter or prepare a counter proposal. (d) Competing Proposals and Applications: Should the City Manager receive more than one Proposal for Operation and Contribution to Community, the City Manager shall have the sole authority to select the most beneficial contribution to the City and operational effectiveness among the applications submitted. (e) Required Acceptance Letter Prior to the Submittal of a Commercial Cannabis Application: The applicant must receive an acceptance letter from the City Manager of the Proposal for Operation and Contribution to Community, prior to the submittal of a Store Front Sales - Commercial Cannabis Permit Application. (f) Square Footage Required: The square footage of premises of each permitted commercial cannabis business shall be a minimum of 2,000 square feet in area. A coexisting, Commercial Cannabis business, subtenant, may be located, with the City Manager or designee’s approval or conditional approval, in a building area of less than 2,000 square feet where the Commercial Cannabis business is in conjunction with another approved Commercial Cannabis activity permitted in a building larger than 2,000 square feet.
(g) No accessory structures in support of the Commercial Cannabis business will be permitted.
Section 8.29.05.300 - Periodic Review by the City Council.
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Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store Upon request of the City Manager, the City Attorney and the Chief of Police shall report to the City Council with findings on the operation of any commercial cannabis business permitted pursuant to this Chapter and a recommendation as to whether the business should be permitted to continue operating for the remaining period of its commercial cannabis permit (in addition to whatever other recommendations may be made) and whether the City should renew the permit upon application for renewal. Any termination or revocation of a permit based on such findings shall be in accordance with the provisions of this Chapter.
Section 8.29.05.310 - Promulgation of Regulations and Standards.
The City Manager, in his or her discretion, is authorized to promulgate reasonable regulations as he or she deems necessary to implement procedures or requirements in furtherance of the purposes of this Chapter. Regulations promulgated by the City Manager shall have the same force and effect of law and shall become effective upon the date of approval and execution of such regulations by the City Manager.
Section 8.29.05.320 - Community Relations.
(a) Each commercial cannabis business shall provide the City Manager with the name, telephone number, and email address of a community relations contact to whom notice of problems associated with the commercial cannabis business can be provided. (b) The owner, manager, and community relations representative of a commercial cannabis permit holder operating in the City shall, upon request of the City Manager, meet to discuss costs, benefits, and other community issues resulting from implementation or application of this Chapter.
Section 8.29.05.330 - Unpaid Fees Deemed Debt to City.
The amount of any unpaid fee, cost or charge imposed pursuant to this Chapter shall be deemed a civil debt to the City that is recoverable in any court of competent jurisdiction.
Section 8.29.05.340 - Permit Holder Responsible for Violations.
Commercial cannabis permit holders shall be responsible for all violations of State or local laws or regulations, whether or not committed by the permit holder or any employee or agent of the permit holder, which occur in or on the premises of the commercial cannabis business, whether or not said violations occur within the permit holder's presence.
Section 8.29.05.350 – Effect on Other Ordinances
Except as designated in this chapter, the provisions of this chapter shall control for regulation of commercial cannabis businesses as defined herein if other provisions of the code conflict therewith. This chapter shall not, however, relieve any person of his or her duty to comply with such laws if additional obligations, duties, or prohibitions are imposed thereby.
Section 8.29.05.360 – Unlawful Businesses Prohibited
In no event shall any business license be granted for any use or activity that is illegal or unlawful under federal, state or city laws or regulations. No business license issued hereunder shall be construed as authorizing the conduct of or continuance of any illegal or unlawful business, or the furnishing, sale or provisioning of any service, good or product that is illegal under this code, the laws of the State of California, or the laws of the United States of America. Notwithstanding the
5.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store foregoing, a business license may be granted for businesses permitted under this chapter, provided the applicant has complied with all provisions of this code and state law.
5.A.4
Attachment: Att 1- Inserted Text Store Front Sales Into Ordinance_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store
CITY OF ARVIN
NOTICE OF PUBLIC HEARING FOR CONSIDERATION OF AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARVIN
AMENDING CHAPTER 8.29 MARIJUANA OF TITLE 8 HEALTH AND
SAFETY BY AMENDING SECTION 8.29.05 COMMERCIAL
CANNABIS ACTIVITY PERMITTING A LIMITED NUMBER OF
TYPE 10 OR TYPE 12 STORE FRONT SALES OF COMMERCIAL
CANNABIS
Notice is hereby given that the City Council of the City of Arvin, California, will conduct a public hearing, at which time you may be present and be heard, to consider a proposed ordinance amending Chapter 8.29, Section 8.29.05 Commercial Cannabis Activity of the Arvin Municipal Code (AMC) to adopt new and amended permitting standards and regulations applicable to commercial cannabis activities in the City by permitting a limited number of Store Front Sales of Commercial Cannabis.
City Council of the City of Arvin Public Hearing Information Date: March 14, 2023
Time: 6:00 PM
Place: City of Arvin Council Chambers 200 Campus Drive, Arvin, CA 93203 Applicant: City of Arvin
Location: The ordinance applies only to agricultural and industrial zones within the City limits.
Project Description: An amendment to chapter 8.29 Marijuana, Chapter 8.29.05 Commercial Cannabis Activity of the Arvin Municipal Code is to permit a limited number of Type 10 or Type 12 Store Front Sales of Commercial Cannabis. The number of permitted Store Front Sales is proposed to be limited to a ratio of one store front sales per 10,000 population or portion thereof.
The proposed amendments will allow two and up to three Store Front Sales to be established within the City of Arvin based upon the current population of 19,522. The location of the Store Front Sales is limited per the existing ordinance and restricts the locations to the Industrial, M-1, M-2, and M-3, Zones, the Agricultural, A-1- A-2, Zones and may be permitted within the Bear Mountain Commercial Business District as established by Chapter 17.68.
The purpose of the public hearing will be to give citizens an opportunity to make their comments known. If you are unable to attend the public hearing, you may direct written comments to City of Arvin, City Clerk’s Office, PO Box 548, Arvin, CA 93203 or emailed to [email protected]. In the subject line, please provide “PUBLIC COMMENT ITEM #” (insert the item number relevant to your comment). All public comments will be provided to the City Council and may be read into the record or compiled as part of the record.
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Attachment: Att 2 - Public Hearing Notice Amending Title 8_CC Mtg of 032823 (Public Hearing - First Reading Ordinance Amending Title 8 Additional information on the proposed ordinance, including copies in hard copy or electronic format, may be obtained from the City Clerk’s office at Arvin City Hall, 200 Campus Drive, Arvin, California, 93203, or the City’s web site at www.arvin.org. All persons interested in this topic who would like to provide feedback or ask questions are invited to attend.
Written comments on this matter may be submitted to the City Clerk’s office until 4:00 p.m. on the date of this hearing. If you challenge the approval or denial of these matters in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk, at or prior to the public hearing. Address any communications or comments regarding the project to Cecilia Vela, City Clerk, 200 Campus Drive, Arvin, CA 93203, (661) 854-3134, [email protected].
Note: If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described in this notice, or in written correspondence delivered to the City at, or prior to, the Public Hearing (Govt. Code Sec. 65009).
/s/
Cecilia Vela, City Clerk
City of Arvin, California
Published: Bakersfield Californian, March 03, 2023
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Attachment: Att 2 - Public Hearing Notice Amending Title 8_CC Mtg of 032823 (Public Hearing - First Reading Ordinance Amending Title 8
NOTICE OF EXEMPTION
Filing of Notice of Exemption in Compliance with
Section 15062 of the California Environmental
Quality Act – Amending Ord 479 – Permitting Store
Front Sales of Commercial Cannabis in Industrial,
Agricultural, and Bear Mountain Boulevard Central
Business District.
NOTE: Place in project file until approved – then
file with Kern County Clerk
AFFIDAVIT OF FILING AND POSTING
Court Records Supervisor Office of the County Clerk
I declare that I received and posted this notice on the filing date as required by California Public Resources Code Section 21152(c). Said Notice will remain posted for 30 days for the filling date.
TO: COUNTY CLERK
County of Kern,
1115 Truxtun Ave. 1st Floor,
Bakersfield, CA 93301
FROM: City of Arvin
City Clerk, P.O. Box 548
200 Campus Drive, Arvin, CA 93203
661-854-3134 Office, 661-854-0817 Fax
Project title: Code amendments to Title 8, Chapter 8.29, Section 8.29.05 Commercial Cannabis Activity of the Arvin Municipal Code To Permit a Limited Number of Type 10 or Type 12 Store Front Sales of Commercial Cannabis in Industrial, Agricultural, and Bear Mountain Boulevard Central Business District.
Project location: Arvin Municipal Code , Arvin, CA 93203 Assessor Parcel Number(s): N/A Description of nature, purpose, and beneficiaries of project: The code amendments are intended to permit a limited number of store front sales of commercial cannabis within the City of Arvin. The number of store front sales will be limited to 1 store per 10,000 population or portion thereof. Store Front Sales may be permitted in Industrial, Agricultural, and Bear Mountain Boulevard Central Business District.
Purpose and Beneficiaries of Project: This action will support the goal of the City Council in the regulation of commercial cannabis sales and to increase revenue that contribute to benefits to the community.
Name of public agency approving project: City of Arvin, CA – City Council Name and person or agency
carrying out the project City of Arvin
Exempt status: General Rule Exemption (Sections 15061(b (1) and (b)(3) Reasons why project is exempt: Pursuant to Title 14 of the California Code of Regulations, Sections 15061 (b) (1) and (b)(3), that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a project which has the potential for causing a significant effect on the environment. The City Council therefore directs that the Notice of Exemption be filed with Kern County Clerk in accordance with the City of Arvin’s Guideline for the implementation of CEQA. The project is also not located next to any scenic highway or resources, nor is located on a hazardous waste site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. Finally, there are no structures on the site that could qualify as historical resources. No structures are proposed to be demolished, nor would the project have a significant adverse impact on a historic resource. For all the foregoing, including evidence in the administrative record, the Planning Commission of the City of Arvin adopts a Class 3 Categorical Exemption under CEQA Guidelines section 15303 (New Construction or Conversion of Small Structures).
Contact person: Chris Soriano, City Panner, Planning Division, 141 Plumtree Drive, Arvin, CA 93203
Signature/Title/ Date:
________________________ /___________
Record available to General Public: This is to certify that the environmental document and record of project approval is available to the General Public at City of Arvin, City Clerk’s Office, 200 Campus Drive, Arvin, California, 93203. This Notice of Exemption and its supporting documents may be reviewed/obtained during normal working hours at the above address. The filing of a Notice of Exemption and the posting on the list of notices start a 35 day statute of limitations period on legal challenges to the agency's decision that the project is exempt from CEQA. If a Notice of Exemption is not filed, a 180-day statute of limitations will apply. Refer to Section 15061(d) for filing instructions.
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Attachment: Att 3 - Notice of Exemption - Store front Sales_032823 (Public Hearing - First Reading Ordinance Amending Title 8 Store Front Proposal for Operation and Contribution to Community Benefit Section 8.29.05.295 – Type 10 and 12 Store Front Sales be subject to preliminary approval by the City Manager:
(a) Limitation of Store Front Sales: No more than one Store Front Sales per 10,000 population or portion thereof will be permitted.
(b) Operation and Contribution to Community Benefit Application Required: Prior to the submittal of a Commercial Cannabis Application for a Store Front Sales, a Proposal for Operation and Contribution to Community shall be submitted to the City Manager. The City Manager may create application that outline minimum expectations of the proposed operator.
(c) Review Time of Application: Upon receipt of an application Proposal for Operation and Contribution to Community, the City Manager shall review within 60 days and may prepare an acceptance letter or prepare a counter proposal. (d) Competing Proposals and Applications: Should the City Manager receive more than one Proposal for Operation and Contribution to Community, the City Manager shall have the sole authority to select the most beneficial contribution to the City and operational effectiveness among the applications submitted.
(e) Required Acceptance Letter Prior to the Submittal of a Commercial Cannabis Application: The applicant must receive an acceptance letter from the City Manager of the Proposal for Operation and Contribution to Community Benefit, prior to the submittal of a Store Front Sales - Commercial Cannabis Permit Application. (f) Square Footage Required: The square footage of premises of each permitted commercial cannabis business shall be a minimum of 2,000 square feet in area. A coexisting, Commercial Cannabis business, subtenant, may be located, with the City Manager or designee’s approval or conditional approval, in a building area of less than 2,000 square feet where the Commercial Cannabis business is in conjunction with another approved Commercial Cannabis activity permitted in a building larger than 2,000 square feet.
No accessory structures in support of the Commercial Cannabis business will be permitted.
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Attachment: Att 4 - Attachment Proposal for Operation and Contribution to Community Benefit Section 8.29.05.295 (Public Hearing - First
CITY OF ARVIN
Staff Report
Meeting Date: March 28, 2023
TO: Arvin City Council
FROM: Cecilia Vela, City Clerk
Jeff Jones, City Manager / Finance Director
SUBJECT: Consideration and Approval of A Resolution of the City Council of the City of Arvin to Select A Nominee for Appointment by the San Joaquin Valley Special City Selection Committee to the District Governing Board or Vote to Reject All Applicants.
BACKGROUND:
Health and Safety Code Section 40600.5 created a Special City Selection Committee for the appointment of city members of the San Joaquin Valley Air Pollution Control District Governing Board. There is currently a vacancy on the San Joaquin Valley Air Pollution Control District Governing Board that must be filled by a Councilmember from a “small” city, having a population of less than 100,000, within Kern County. Pursuant to the Health and Safety Code Section 40600.5, appointments to the District Governing Board will be made by the San Joaquin Valley Special City Selection Committee.
The Special City Selection Committee has adopted procedures and a rotation schedule for making their appointments, and based upon the adopted rotation schedule a city council member representing a city with a population of less than 100,000 from Kern County shall be appointed to the District Governing Board. Mayor Cory Morse from the City of Maricopa and Gilberto Reyna from the City of Wasco have been nominated for this position.
The Executive Director of the San Joaquin Valley Air Pollution District, Samir Sheikh has provided a letter addressed to the Arvin City Clerk informing her that the Arvin City Council must hold a vote to either nominate one of the applicants listed above to the Committee for appointment to the District Governing Board, or reject all applicants. The vote must take place as an item on our City Council’s publicly noticed agenda, and be discussed during a regularly scheduled City Council meeting.
Staff requests that the City Council review the application material from the eligible nominees to select a nominee to then be appointed by the San Joaquin Valley Special City Selection Committee at their future meeting.
City Council may also vote to reject all applicants.
STAFF RECOMMENDATION:
Approval of the Resolution and that the Council select a Nominee for Appointment by the San Joaquin Valley Special City Selection Committee to the District Governing Board or Vote to Reject all Applicants.
FINANCIAL IMPACT:
None
ATTACHMENTS:
Letter dated March 8, 2023 from the SJVAPCD
Resolution
6.A.1
Attachment: Staff Report to Select Nominee for Appointment to SJVAPCD Governing Board_032823 (Selection of Nominee for SJVAPCD
GOVERNING BOARD
Vito Chiesa, Chair
Supervisor, Stanislaus County
Deborah Lewis, Vice Chair
Councilmember, City of Los Banos
Drew M. Bessinger
Councilmember, City of Clovis
David Couch
Supervisor, Kern County
Robert Macaulay
Supervisor, Madera County
Buddy Mendes
Supervisor, Fresno County
Tania Pacheco-Werner, PhD.
Appointed by Governor
Lloyd Pareira
Supervisor, Merced County
Alvaro Preciado
Mayor, City of Avenal
Robert Rickman
Supervisor, San Joaquin County
Rusty Robinson
Supervisor, Kings County
Alexander C. Sherriffs, M.D.
Appointed by Governor
Amy Shuklian
Supervisor, Tulare County
Vacant
Large City
Vacant
Small City
Samir Sheikh
Executive Director
Air Pollution Control Officer
Northern Region Office
4800 Enterprise Way
Modesto, CA 95356-8718
(209) 557-6400 • FAX (209) 557-6475
Central Region Office
1990 East Gettysburg Avenue
Fresno, CA 93726-0244
(559) 230-6000 • FAX (559) 230-6061
Southern Region Office
34946 Flyover Court
Bakersfield, CA 93308-9725
(661) 392-5500 • FAX (661) 392-5585
www.valleyair.org
March 8, 2023
Cecilia Vela, City Clerk
P.O. Box 548
Arvin, CA 93203
RE: APPOINTMENT TO THE GOVERNING BOARD OF THE SAN
JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT –
KERN CITY SEAT
Dear Cecilia Vela:
There is currently a vacancy on the San Joaquin Valley Air Pollution Control District (District) Governing Board that must be filled by a Councilmember from a “small” city, having a population of less than 100,000, within Kern County.
Pursuant to the Health and Safety Code Section 40600.5, appointments to the District Governing Board will be made by the San Joaquin Valley Special City Selection Committee (Committee). According to the procedures adopted by the Committee, the next step in the appointment process is for all cities within Kern County to select a candidate from the applicants for the vacant position, as follows:
Mayor Cory Morse, City of Maricopa
Councilmember Gilberto Reyna, city of Wasco
Your City Council must hold a vote to either nominate one of the applicants listed above to the Committee for appointment to the District Governing Board, or reject all applicants. The vote must take place as an item on your City Council’s publicly noticed agenda, and be discussed during your regularly scheduled City Council meeting. Attached is a sample resolution for your consideration. Also attached is a copy of the proposed candidates’ applications.
In order for your city’s vote to be counted towards nomination to the Committee, you must return a copy of your City Council Resolution on this matter to the District by March 23, 2023, to the following email address:
Samir Sheikh
Executive Director/APCO
[email protected]
6.A.2
Attachment: Letter re Appointment to SJVAPCD Governing Board - Kern City Seat_032823 (Selection of Nominee for SJVAPCD Governing 2 APPOINTMENT TO THE GOVERNING BOARD OF THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT – KERN CITY SEAT
March 8, 2023