Agenda packet — Corona City Council, September 4, 2024 (part 2 of 4)

City of Corona
Project Amount: $100,000
Project Completion Date:11/30/2027
Project Number: 00000013
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 8
hereto as Exhibit D, including any amendments thereto;
(ii) the Subaward Data attached hereto as Exhibit E,
including any amendments thereto, which provides a
summary of the Federal Subrecipient agreement data that is required by 2 CFR Part 200 – Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards; (iii) the Approved Services attached hereto as Exhibit A; (iv) the Approved Budget attached hereto as Exhibit B, including any amendments thereto; and (v) the applicable additional terms and conditions in Exhibit C (each of (i)-(v) above is hereby incorporated by reference into this Agreement). In addition, Subrecipient shall
cooperate fully with GreenLatinos in its efforts to comply with the requirements of the Notice of Prime Award,
including any amendments thereto.
c. Compliance with Applicable Laws. Subrecipient shall
perform all activities funded by this Agreement in
accordance with all applicable federal, state and local laws, including without limitation laws which regulate the use of funds allocated Cooperative Forestry Assistance Act, P.L. 95- 313 as amended, 16 USC section 2105 and Public Law 117-169, Subtitle D, Section 23003(a). The term “federal, state and local laws” as used in this Agreement shall mean all
applicable statutes, rules, regulations, executive orders, directives or other laws, including all laws as presently in effect and as may be amended or otherwise altered during the Agreement Term, as well as all such laws which may be enacted or otherwise become effective during the
Agreement Term.
d. Collaborative Arrangements. Where permitted by terms of the award and federal law, Subrecipient may enter into
collaborative arrangements with other organizations to
jointly carry out activities with Forest Service funds
available under this award. Subrecipient must obtain
approval in writing from GreenLatinos before entering into any collaborative arrangements using Forest Service funds.

Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 125 of 484 ends

City of Corona
Project Amount: $100,000
Project Completion Date:11/30/2027
Project Number: 00000013
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 9
GreenLatinos will not approve any subaward arrangements between Subrecipient and other organizations.

Collaborative arrangements are to be restricted to
contractual agreements as set forth by the procurement
standards in 2 CFR Part 200 Subpart D.
e. Disclosures. Subrecipient must promptly disclose to
GreenLatinos all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the federal award.
f. Risk and Receipt of Funding. Subrecipient represents and warrants that, at all times during the Term, it does NOT have active exclusions in the System for Award
Management (sam.gov). Subrecipient’s risk profile must be evaluated in accordance with 2 CFR § 200.332(b) and
deemed favorable, and Subrecipient’s award will be
reported at fsrs.gov in compliance with 2 CFR §170, prior to Subrecipient’s receipt of funds. If the Subrecipient has any active exclusion, it will not be eligible for receipt of funding. g. SAM.GOV Requirement: Subrecipient shall maintain
current organizational information and the original Unique Entity Identifier (UEI) provided for this agreement in the System for Award Management (SAM) until receipt of final payment. This requires annual review and updates, when
needed, of organizational information after the initial registration. More frequent review and updates may be
required for changes in organizational information or
agreement term(s). Any change to the original UEI
provided in this agreement will result in termination of this agreement and de-obligation of any remaining funds. For purposes of this agreement, System for Award
Management (SAM) means the Federal repository into
which an entity must provide information required for the conduct of business as a Cooperative. Additional
information about registration procedures may be found at the SAM Internet site at www.sam.gov.

Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 126 of 484 ends

City of Corona
Project Amount: $100,000
Project Completion Date:11/30/2027
Project Number: 00000013
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 10
h. Debarment and Suspension. Subrecipient shall
immediately inform GreenLatinos if they or any of their principals are presently excluded, debarred, or suspended from entering into covered transactions with the federal government according to the terms of 2 CFR Part 180.

Additionally, should Subrecipient or any of their principals receive a transmittal letter or other official federal notice of debarment or suspension, then they shall notify
GreenLatinos without undue delay. This applies whether
the exclusion, debarment, or suspension is voluntary or involuntary. Subrecipient must complete the form AD1048, Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, Lower Tier Covered Transactions, attached hereto as Exhibit H.
i. Restrictions on Lobbying. If the Subaward amount exceeds $100,000, Subrecipient shall file the certification required by 49 CFR Part 20, “New Restrictions on Lobbying.” The
subrecipient shall certify that it will not and has not used Federally 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 USC section 1352. Subrecipient shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-federal funds with respect to that Federal contract, grant or award covered by 31 USC section 1352. Such
disclosures shall be forwarded to GreenLatinos.

Subrecipient shall ensure that any
subcontractors/subconsultants under this Agreement shall certify the same. GreenLatinos is responsible for keeping the certification of Subrecipient, who is in turn responsible for keeping the certification forms of
subcontractors/subconsultants (provided, however, that
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 127 of 484 ends

City of Corona
Project Amount: $100,000
Project Completion Date:11/30/2027
Project Number: 00000013
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 11
nothing in this section shall be construed to permit
Subrecipient to retain or hire
subcontractors/subconsultants without the written
permission of GreenLatinos).
j. Notification. Subrecipient shall notify GreenLatinos within 5 business days of all developments that have a
significant impact on the activities supported under
this award, including but not limited to financial
developments. Also, notification must be given in
case of problems, delays or adverse conditions that
materially impair the ability to meet the objectives of the award. This notification must include a statement
of the action taken or contemplated, and any
assistance needed to resolve the situation.
k. No Funding of Research and Development. This award is not for research and development and the cost of
independent research and development, including their
proportionate share of indirect costs, are unallowable. l. Members of Congress. Pursuant to 41 USC section 22, no member of, or delegate to, Congress shall be admitted to any share or part of this award, or benefits that may arise therefrom, either directly or indirectly.

5. FINANCIAL MANAGEMENT AND ADMINISTRATION.
a. Office of Management and Budget (OMB) Guidance.

Subrecipient is subject to OMB guidance in subparts A
through F of 2 CFR Part 200, as adopted and supplemented by the USDA in 2 CFR Part 400 and must follow regulations found in 2 CFR 200.331 through 2 CFR 200.333. Electronic copies of the CFRs can be found at: ecfr.gov.
b. Use of Award Funds. Award funds and any interest earned on them shall not be used:
i. To carry out propaganda, or otherwise to attempt to
influence legislation (within the meaning of
section 501(c)(3) of the Internal Revenue Code of 1986, Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 128 of 484 ends

City of Corona
Project Amount: $100,000
Project Completion Date:11/30/2027
Project Number: 00000013
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 12
as amended (the “Code”)) or as prohibited by OMB
Circular A-122, section 25 regarding lobbying;
ii. To participate or intervene in any political campaign on behalf of (or in opposition to) any candidate for
public office (within the meaning of section 501(c)(3)
of the Code);
iii. To make any awards to individuals or organizations (unless pre-approved in writing by GreenLatinos).
iv. No part of the Award funds shall be paid to any
GreenLatinos official, and Awardee acknowledges
that no gifts or services were or will be rendered to
GreenLatinos or any GreenLatinos official in exchange
for this Award.
c. Allowable Expenditures. All expenditures made with funds provided under this subaward must be exclusively for
allowable program expenditures incurred during the
period of this subaward.
d. Purchase of Equipment. Subrecipient may not use the
funds received under this Agreement for any purchase of equipment.
e. Single Audit. In accordance with 2 CFR 200 Uniform
Administrative Requirements, Cost Principles and Audit
Requirements, found in section 200.501(a), audit
requirements for federal awards, non-federal entities that expend $750,000 or more in federal awards from all
funding sources during their fiscal year, must agree to have a Single Audit conducted in accordance with
section 200.514 Scope of Audit. Further, section 200.512 requires that the final report for such an audit be
completed within nine months of the entity’s fiscal year end. As a condition of this award, the subrecipient will be required to annually certify if their organization has been subject to the Single Audit requirement according to the above citations. If required, the subrecipient will complete any required Single Audit no later than nine months after the end of the entity’s fiscal year, and will send the Single Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 129 of 484 ends

City of Corona
Project Amount: $100,000
Project Completion Date:11/30/2027
Project Number: 00000013
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 13
Audit report to GreenLatinos within 10 business days of its completion.
f. Election of De Minimis Rate. For the administration of this subaward, GreenLatinos has elected to use the de minimis indirect cost rate of 10% of modified total direct costs (MTDC) as allowed under 2 CFR § 200.414(f). [Each
Subrecipient will be allowed to use their own federally approved indirect rate, cost allocation plan, or the 10% de minimis rate. OR Subrecipient approved indirect rate is [XX]% of direct costs. OR Subrecipient has chosen to waive recovery of indirect costs related to this Project.]
The City of Corona hereby elects to waive recovery of
indirect costs for this project. _______ (Please Initial)

6. REPORTING.
a. Financial Status Reporting.
i. Subrecipient is subject to the OMB guidance in
subparts A through F of 2 CFR Part 200, as
adopted and supplemented by the USDA in
2 CFR Part 400 and must follow the regulations
found in 2 CFR 200.331 through 2 CFR 200.333.
ii. All subawards $30,000 or more must be
reported at fsrs.gov in compliance with
2 CFR 170. See Attachment for full text.
iii. All financial and programmatic records and
supporting documents pertinent to this award
must be kept for a period of three years from
the date of submission of the final financial
statement report including expenditures from
this award, per federal regulations. These
records may be subject to an audit by the
federal donor agency, GreenLatinos and/or their
representatives. All records are to be
maintained for the additional duration
necessary to complete an audit and/or resolve
all questions concerning expenditures, unless
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 130 of 484 ends

City of Corona
Project Amount: $100,000
Project Completion Date:11/30/2027
Project Number: 00000013
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 14
approval has been provided from GreenLatinos
to dispose of records.
iv. If any litigation, claim or audit is started before the expiration of the three-year period, the
records shall be retained until litigation, claims
or audit findings involving the records has been
resolved.
v. Subrecipient is expected to take reasonable
care that systems are in place to ensure funds
expended under this award are used for the
purposes described in the subaward and can be
properly accounted for.
b. Program Performance Reports. The subrecipient shall
perform all actions identified and funded in
application/modification narratives within the
performance period identified in award and submit
Programmatic Reporting as set forth in the Award
Agreement.

7. INSURANCE.
a. Insurance. Subrecipient shall maintain all the following insurance coverage during the period of this subaward:
i. General Liability and Property Damage. With respect
to all operations performed under this Agreement,
Subrecipient shall carry general liability insurance
having all major divisions of coverage including, but
not limited to: Premises - Operations, Products and
Completed Operations, Personal Injury Liability,
Contractual Liability. The policy shall be on an
occurrence form and limits shall not be less than:
$1,000,000 Each Occurrence, $2,000,000 General
Aggregate, $1,000,000 Products/Completed
Operations Aggregate, and $1,000,000 Personal and
Advertising Injury.
ii. Automotive Liability. The Party shall carry automotive liability insurance covering all motor vehicles,
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 131 of 484 ends

City of Corona
Project Amount: $100,000
Project Completion Date:11/30/2027
Project Number: 00000013
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 15
including hired and non-owned coverage, used in
connection with the Agreement. Limits of coverage
shall not be less than $500,000 combined single limit.

If performance of this Agreement involves
construction, or the transport of persons or
hazardous materials, limits of coverage shall not be
less than $1,000,000 combined single limit. If the
Party does not own or operate motor vehicles, they
must apply for an Automotive Liability Waiver
through GreenLatinos. Should the Party obtain or
begin operating a vehicle they must obtain liability
insurance meeting the requirements above.
iii. Workers Compensation. With respect to all
operations performed, the Party shall carry workers’
compensation insurance in accordance with the laws
of the state in which the Subrecipient is performing
work under this subaward. Subrecipient must
provide written Proof of Insurance to GreenLatinos
within 30 days of the effective date of this Agreement
and annually as requested. If Subrecipient is selfinsured, the Subrecipient must provide written documentation verifying self-insured status. Proper
documentation will override stated insurance
requirements.

8. INDEMNIFICATION. Subrecipient shall defend and hold
GreenLatinos, its employees, officers, directors, agents and representatives harmless from any and all costs, losses, damages, liabilities, expenses, demands, and judgments, including court costs and attorney’s fees, which they may suffer arising from any act or omission or neglect of Subrecipient, its employees, officers, directors, agents or representatives, or anyone else for whose acts Subrecipient may be responsible, in the performance of
Subrecipient’s obligations under this Agreement. This provision shall survive the expiration or termination of this Agreement for any or no reason.

Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 132 of 484 ends

9. COMMUNICATIONS AND USE OF INTELLECTUAL PROPERTY.
a. Use of GreenLatinos and Forest Service Insignias. Grantor must submit and receive approval in writing from an
individual authorized by the GreenLatinos and Forest
Service to consent on their behalf on all requests to use the Forest Service and GreenLatinos insignias on any published media, such as a webpage, printed publication, or
audiovisual production.
b. GreenLatinos and Forest Service Acknowledged in
Publications, Audiovisuals, and Electronic Media.

Subrecipient shall acknowledge GreenLatinos and Forest
Service support in any publications, audiovisuals, and
electronic media developed as a result of this award,
following direction in USDA Supplemental 2 CFR 415.2.

Public announcements of the Award may be made by the
Subrecipient, GreenLatinos, and the Forest Service. Any related press release, media alert, website posting, or other publication about the Program or the Award made by
Subrecipient must acknowledge the Forest Service and
GreenLatinos support. All public announcements must be
submitted to GreenLatinos for approval at least two weeks prior to publication.
c. Use of Subrecipient Insignia. Subrecipient hereby
authorizes GreenLatinos to include its insignia in
mutually agreed-upon advertising copy, solely in
connection with this Agreement, subject to prior
review and approval of such use by Subrecipient
which shall not be unreasonably withheld.
d. Copyright and Ownership. No reports, maps, or other
documents produced in whole or in part under this
Agreement shall be the subject of an application for
copyright by or on behalf of Subrecipient. Ownership
of all designs, reports, drawings, studies, estimates,
models, computations, and other related items
(“Work Product”) prepared under this Agreement
shall vest in GreenLatinos upon payment to the
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 133 of 484 ends

City of Corona
Project Amount: $100,000
Project Completion Date:11/30/2027
Project Number: 00000013
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 17
Subrecipient for all Services and Deliverables
rendered herein through the date of the expiration or
termination of this Agreement. Subrecipient hereby
assigns to GreenLatinos all right, title and interest in any Work Product.

10. TERMINATION.
a. By GreenLatinos. This subaward may be terminated, in whole or in part pursuant to 2 CFR 200.340. GreenLatinos may, by giving written notice to Subrecipient, terminate this Agreement without penalty in whole or in part for
cause, which shall include, without limitation: (i) failure for any reason of Subrecipient to fulfill timely and properly any of its obligations under this Agreement, including failure to comply with any provision of this Agreement;
(ii) Subrecipient’s default, breach or any intervening
casualty which poses an immediate threat to life, health or safety; (iii) Subrecipient’s breach of its representations, warranties and certifications contained in this Agreement; (iv) the suspension or debarment or determination that
Subrecipient or any of its principals are ineligible to participate in federal assistance awards or contracts;
(v) Subrecipient’s failure to maintain the insurance
coverage in the form and/or amounts required by
GreenLatinos pursuant to this Agreement; (vi) the
submission by Subrecipient to the Forest Service or
GreenLatinos of reports that are incorrect or incomplete in any material respect; (vii) ineffective or improper use by Subrecipient of funds received under this Agreement;
(viii) suspension, termination, in whole or in part of, or absence or reduction of appropriations for, grants or
reimbursements to GreenLatinos; (ix) the necessity for
termination and/or amendment of this Agreement so as to make any terms of this Agreement consistent with federal, state or local laws; (x) fraudulent activities on the part of Subrecipient; and (xi) the filing of bankruptcy, receivership Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 134 of 484 ends

GreenLatinos may also terminate this Agreement in whole or in part without cause upon 30 days’ written notice to Subrecipient.
b. By Subrecipient. If Subrecipient is unable or unwilling to comply with any additional conditions or requirements
which may arise as a result of changes in or additions to any federal, state or local laws after the commencement of the Agreement Term, including without limitation those
applied by the Forest Service in their grants and
reimbursements to GreenLatinos, and which thereby
become applicable to Subrecipient during the Agreement
Term, Subrecipient shall terminate this Agreement by
giving written notice to GreenLatinos. The effective date of such notice of termination shall be no earlier than 30 days from the date of the notice.
c. Liability for Default. Whether or not this Agreement is terminated, Subrecipient shall be liable to GreenLatinos for damages sustained by GreenLatinos by virtue of any breach of this Agreement by Subrecipient and GreenLatinos shall be liable to Subrecipient for any direct damages sustained by Subrecipient by virtue of any breach of this Agreement by GreenLatinos. This shall include, without limitation, liability of Subrecipient for the disallowance by the Forest Service of the reimbursement of charges submitted by
GreenLatinos for services provided by Subrecipient under this Agreement where the disallowance is in any way
attributable to Subrecipient, including the provision or maintenance by Subrecipient of inadequate or erroneous
records or billing documentation of services provided. If any such reimbursement of charges is disallowed as a
result of an audit by the Forest Service of Subrecipient or GreenLatinos, the amount disallowed must be paid by
Subrecipient to GreenLatinos from funds other than those provided by GreenLatinos under this Agreement. Under no Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 135 of 484 ends

11. GENERAL PROVISIONS.
a. Governing Law. This Agreement shall be governed by the laws of the District of Columbia without giving effect to the conflicts of laws provisions thereof.
b. Integration. This Agreement supersedes all oral
agreements, negotiations and representations between the parties pertaining to the subject matter of this Agreement. c. Severability. In the event that any portion of this Agreement is held to be unenforceable, such portions shall not limit or otherwise modify or affect any other portion of this
Agreement.
d. Waiver of Breach. The waiver by either party of any breach of any provision of this Agreement shall not be deemed a waiver of any subsequent breach by the other party of the same or of different provisions.
e. Binding Effect; Assignment. Except as otherwise provided in this Agreement, every covenant, term, and provision of this Agreement shall be binding upon and inure to the
benefit of the parties and their respective and permitted successors, transferees and assigns. Subrecipient shall not assign, subcontract or transfer any of its rights,
responsibilities or obligations under this Agreement
without GreenLatinos’s prior written consent, which
GreenLatinos may withhold in its sole discretion. Any
attempted assignment, subcontract, or transfer of this
Agreement in violation of this Section shall be void. Should Subrecipient assign, subcontract or transfer any of its rights, responsibilities or obligations hereunder with such consent from GreenLatinos, Subrecipient and the party to which it proposes to assign or subcontract its
responsibilities or services hereunder must enter into a written agreement that is consistent with this Agreement Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 136 of 484 ends

City of Corona
Project Amount: $100,000
Project Completion Date:11/30/2027
Project Number: 00000013
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 20
and the various requirements specified hereunder and that is approved by GreenLatinos prior to its execution.
f. Notices. Notices given by GreenLatinos or Subrecipient will be sufficient only if in writing and mailed or transmitted electronically by e-mail or through the reporting system directly, to the points of contact and addresses specified in Exhibit A: Scope of Services. Notices will be effective when delivered, or on the effective date of the notice, whichever is later.
g. Modifications. Subrecipient may request scope of work or budget modifications in alignment with their original scope of work, any changes will be made by mutual consent and requested according to Notices above. Modifications must be approved prior to the date when these modifications will be implemented. GreenLatinos reserves the right to deny modifications, which compromise the original scope of
work or were not approved prior to commencement.

GreenLatinos also reserves the right to deny payment for modifications that were not previously approved.
h. Subawardee. Subrecipient will act as a subawardee in the performance of the Services under this Agreement.

Accordingly, Subrecipient shall be responsible for the terms described in 2 CFR 200.
i. Disputes. In the event of any issue of controversy
under this Agreement, the Parties may pursue
Alternate Dispute Resolution (ADR) procedures to
voluntarily resolve those issues provided that
GreenLatinos shall have the right to, and be
permitted to, seek and obtain injunctive relief from a
court of competent jurisdiction. If GreenLatinos and
Subrecipient agree to arbitrate any controversy or
claim arising out of this Agreement; any such
arbitration shall be fully and finally resolved in
binding arbitration in a proceeding brought in
accordance with the Commercial Arbitration Rules
of the American Arbitration Association before a
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 137 of 484 ends

City of Corona
Project Amount: $100,000
Project Completion Date:11/30/2027
Project Number: 00000013
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 21
single arbitrator. The arbitration proceedings shall
be confidential. The arbitrator shall not have the
authority to modify or change any of the terms of
this Agreement. The arbitrator’s award shall be final
and binding upon GreenLatinos and Subrecipient,
and judgment upon the award may be entered in
any court of competent jurisdiction in any state of
the United States or country or application may be
made to such court for a judicial acceptance of the
award and an enforcement as the law of such
jurisdiction may require or allow. The arbitrator may
require the losing party thereto, as determined by
the arbitrator, to bear the costs and fees incurred in
any such arbitration.

Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 138 of 484 ends

City of Corona
Project Amount: $100,000
Project Completion Date:11/30/2027
Project Number: 00000013
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 22
This Subaward Agreement shall become effective upon the signatures of authorized representatives of both Parties. An electronic copy shall be deemed an original signature.

Signature Date
Mark Magaña, Executive Director
GreenLatinos
Signature Date
Moses Cortez, Facilities, Parks and Trails
Manager
City of Corona
Signature Date
Donna Finch, Community Services Director
City of Corona
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8 8/22/2024 | 9:20 AM PDT
8/26/2024 | 8:41 AM PDT
8/26/2024 | 1:11 PM PDT

Page 139 of 484 ends

APPENDIX
Exhibit A: Scope of Services
Exhibit B: Program Budget
Exhibit C: Additional Terms and Conditions
Exhibit D: Notice of Prime Award
Exhibit E: Subaward Data
Exhibit F: Whistleblower Notice
Exhibit G: 2 CFR Part 170
Exhibit H: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 140 of 484 ends

City of Corona
Project Amount: $100,000
Project Completion Date: 11/30/2027
GreenLatinos USDA IRA Urban & Community Forestry Program Attachment A: Scope of Work for City of Corona
Rooted in Corona - Urban and Community Forestry Grant
I. Project Participants & Primary Points of Contact
a. Community Lead: City of Corona
b. Mailing Address: 400 S. Vicentia Ave Suite 225 Corona, CA. 92882 c. Project Director (City/Organization Point of Contact): Donna Finch, Community Services Director, (951) 279-3780, [email protected] d. Program Manager/Assistant: Moses Cortez, Facilities, Parks, and Trails Manager, (951) 739-4957, [email protected]
e. Finance Point of Contact: Sarah Arce, Management Analyst I, (951) 79-3681, [email protected]
f. Cross Departmental Participants:
g. External Partners:

II. Project Background
a. Project Title: Rooted in Corona - Urban and Community Forestry Grant. b. Project Description: This project will consist of tree plantings of 15-gallon sized trees that align with our approved street tree list as well as the City of Corona’s Urban Forest Management Plan. The project would be bid out and awarded for contractual tree planting and maintenance services for an estimated 1,000 to 1,500 trees in mainly CEJST-identified disadvantaged communities in Corona. This project will be widely promoted throughout Corona and will encourage participation and feedback from communities that have been historically underserved. This project would also align and contribute to one of the goals of the City’s Urban Forest Management Plan to plant 15,000 trees over a 5-year period as a part of the City’s reforestation efforts. Please see attached detailed project narrative. c. Total Funding: $100,000
d. Period of Performance: [ ] – 11/30/2027
e. Priority Census Tracts (Disadvantaged Communities) Served: Please refer to the attached table of priority Census tracts and block groups.

III. Project Scope: Deliverables, Timeline, Reporting and Payment Schedule GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected]
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8 8/26/2024 | 1:11 PM PDT

Page 141 of 484 ends

City of Corona
Project Amount: $100,000
Project Completion Date: 11/30/2027
Project reports, due dates, and reimbursements are scheduled below.

GreenLatinos will make quarterly reimbursements over the course of this project, in accordance with satisfactory progress reports.

Schedule of Quarterly Financial Reimbursement Reports
Quarterly financial reimbursement reports will be due as follows:

Performance Period Due Date to
GreenLatinos
Q1: 1/1 – 3/31 4/10
Q2: 4/1 – 6/30 7/10
Q3: 7/1 – 9/30 10/10
Q4: 10/1 – 12/31 1/10
Schedule of Semi-Annual Program Reports
Semi-Annual program reports will be due as follows:

Performance Period Due Date to
GreenLatinos
Semi-Annual Report 1: 5/1 – 10/31 11/10
Semi-Annual Report 2: 11/1 – 4/30 5/10
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected]
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 142 of 484 ends

City of Corona
Project Amount: $100,000
Project Completion Date: 11/30/2027
This Scope of Work shall become effective upon the signatures of authorized representatives of both Parties. A facsimile transmission or electronic copy shall be deemed an original signature.

Signature Date
Mark Magaña, Executive Director
GreenLatinos
Signature Date
Moses Cortez, Facilities, Parks and
Trails Manager
City of Corona
Signature Date
Donna Finch, Community Services Director
City of Corona
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected]
IV. Signatures
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8 8/22/2024 | 9:20 AM PDT
8/26/2024 | 1:11 PM PDT

Page 143 of 484 ends

City of Corona
Project Amount: $100,000
Project Completion Date: 11/30/2027

APPENDIX
Please download the budget and budget narrative that you completed, or, entered directly into Salesforce, and attach these documents, along with a detailed project narrative, to this signed Scope of Work. Please sign and submit all these documents to GreenLatinos as a full package.

A complete Scope of Work package must include the following:

1. Completed and signed Scope of Work (this document)

2. Detailed Project Narrative

3. Budget (Excel form or downloaded from Salesforce)

4. Budget Narrative (Microsoft Word document or
downloaded from Salesforce)
The final, approved Scope of Work package will then be attached to the Grant Agreement and submitted to you for signature.

GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected]
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 144 of 484 ends

City of Corona
Project Amount: $100,000
Project Completion Date: 11/30/2027
Rooted in Corona - Project Narrative

1.General Information

1.1 Introduction
Corona is a vibrant, culturally diverse community located in the heart of Southern California at the junction of the 91 and 15 freeways with a population of over 160,000 residents. The City limits encompass 39.2 square miles. A city whose heritage spans more than a century, Corona has emerged as an ethnically diverse community, where a significant percentage of the population is made up of young, well-educated families. The Corona community boasts many amenities that provide a first-rate quality of life for residents. The City has more than 394 acres of parks, with sports fields, basketball courts, playgrounds, tennis courts, two skateparks and an outdoor pool.

1.2 Background Information
In Spring 2023, the City of Corona City Council approved the Urban Forest Management Plan as a prioritization of the programs the City found most critical in its urban forest after years and years of deferred maintenance. The Urban Forest Management Plan, like that of the Ten-Year Urban and Community Forestry Action Plan (2015-2026) priorities, establishes guidelines and procedures needed to provide for the care and protection of Corona’s trees to promote the health, safety, welfare, and quality of life for all the City of Corona’s residents, business owners, and visitors. With the help of this grant program, the City of Corona seeks to invest in a Tree Planting Campaign in and around its known blighted areas within the city limits. These areas are located within the City’s downtown areas, specifically in the areas underserved surrounding the Sixth Street Corridor, east of Grand Avenue or the Community Development Block Grant Program (CDBG) areas.

The City identified these areas as being the most burdened and marginalized by pollution and other factors, including environmental and socio-economic factors. The City annually removes 677.22 tons of carbon, valued at $115,496 per year. These areas are above the 90
th percentile of PM2.5 level of inhalable
particles according to the Climate and Economic Justice Screening Tool.

Planting planes, elms, nettle, and oak trees along these corridors in the next five years can help to reduce carbon and other pollutants in the air. The City expects these trees will thrive and provide good contrast and canopy along the downtown area within the “circle” and provide plantings in areas that have GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected]
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 145 of 484 ends

City of Corona
Project Amount: $100,000
Project Completion Date: 11/30/2027
been deferred in the past. These funds will be used to plant exclusively in CEJST and EJScreen-identified disadvantaged communities.

1.3 Objective
The City of Corona seeks to plant between 1,000 to 1,500 trees in public spaces and provide irrigation and maintenance services for establishing public space trees using this grant award. The City will supplement this funding by providing at its own expense, project-related marketing, public relations, and tree planting events whereby the City will disseminate informational tool kits to educate residents on tree species, site selection, tree care and the value of planting trees. Through this contract, the City seeks to expand its relationship with the disadvantaged communities that it hopes to serve.

2. Scope of Work
This project will consist of planting 1,000 to 1,500 15-gallon sized trees that align with our approved street tree list as well as the City’s Urban Forest Management Plan. The selection of tree species and planting sites will be carried out in conjunction with an ISA-certified arborist provided through contracted services. Please see the attached approved tree species list for the City of Corona that will be used for this project. The City is committed to prioritizing the planting of native species where possible, and will avoid planting any known state-listed invasive species.

The project would be bid out and awarded for contractual tree planting and maintenance services. The benefit of using contractual services is that the contractor will provide all the needed labor, tools, equipment, as well as the tree purchase and installation, and a warranty period for the tree. The project would also align and contribute to one of the goals of the Urban Forest Management Plan to plant 15,000 trees over a 5-year period as a part of the City’s reforestation efforts.

The City of Corona will coordinate its communications plan with the City’s public affairs office. The City will develop a press release and develop promotional materials at its own expense, to facilitate awareness and knowledge of the program, especially in disadvantaged communities within Corona. The City has already utilized creative and innovative storytelling on various social media outlets, to relay the City’s plan to plant 15,000 trees over a 5-year period through many of its volunteer tree planting events. As such, the City will utilize all its social media outlets along with its website, to provide updates and posts about the progress of the tree planting project and the locations of where the next trees will be planted. Furthermore, the City will GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected]
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 146 of 484 ends

City of Corona
Project Amount: $100,000
Project Completion Date: 11/30/2027
have signage made to acknowledge the source of funding at each project location. This City will host several tree planting events so that residents can participate in the process. The City, at its own expense, will also host mulch giveaways and provide educational tool kits to include information cards about the trees being planted, how to take care of them and a slow release water bag for residents to use in the maintenance of newly planted trees.

The City of Corona has been actively engaged in neighborhood cleanups and tree plantings, as well as providing educational sessions to communities about the importance of trees, and their impact on heat mitigation and carbon sequestration. These community educational sessions have been provided by the City, and will continue to be provided during this project, to disadvantaged communities in parks, open spaces, and along street boulevards in various neighborhoods. In addition, during the City’s Arbor Day event, the City does a mulch giveaway, using mulch that has been repurposed from the City’s own tree clippings, and also does sapling giveaways and educational events with children, and will continue with these activities during this project.

The City of Corona is honored to have received an award from the California League of Cities recognizing the importance the City has placed on its community tree plantings, including strategic tree plantings on polluted highways and vacant sites, its tree care kits for residents, and proactive outreach and engagement with communities. The City has been in the process of planting 3,000 trees per year for 5 years and just began Year 3 of this commitment.

This project will enable the City of Corona to continue its commitment to enhancing the welfare of disadvantaged communities by planting trees in various locations, including the City’s rights of way in front of private properties, and ensuring the provision of 1:1 educational awareness sessions with property owners. This will be carried out by sharing the City’s approved street tree list and Urban Forest Management Plan with property owners, and providing guidance on the grid prune cycle process and tree health care using its tree care kits, educational “Ask an Arborist” YouTube videos and other materials available online and in print. Please see the enclosed urban forestry collateral materials developed by the City for dissemination in Corona’s communities, including disadvantaged neighborhoods. The City will also collect feedback from its residents during its various tree planting events and through surveys disseminated to communities and online via the City’s website.

GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected]
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 147 of 484 ends

Revised: 12/15/14 Page 1 of 2
City of Corona
Maintenance Services Department
Approved Street Tree List
Common Name Botanical Name
Ash Fraxinus velutina
Australian Willow Geijera parviflora
Bottle Tree Brachychiton populneus
Brisbane Box Tristania conferta
California Fan Palm Washington filifera
California Live Oak Quercus agrifolia
Camphor Tree Cinnamomum camphora
Chinese Fring Tree Chionanthusretuses
Chinese Hackberry Celtis sinensis
Chinese Glame Tree koelreuteria bipinnata
Chinese Pistachio Pistacia chinensis
Chitalpa Chitalpa tashkentensis
Cork Oak Quercus suber
Eastern Redbud Cercis canadensis
Evergreen Pear Pyrus kawakamii
Fern Pine Podacarpus gracilior
Firewheel Tree Stenocarpus sinuatus
Flame Tree Brachychiton acerifolius
Ginkgo Ginkgo biloba
Gold Medallion Tree Cassis leptophylla
Golden Trumpet Tree Tabebuia chrysotricha
Holly Oak Quercus ilex
Jacaranda Jacarnada mimosifolia
Lemon Bottle Brush Callistemon ctirinus
London Plan Tree Platanus acerifolia
Mexican Fan Palm Washingtonia robusta
New Zealand Christmas Tree Metrosideros tomentosus
Ornamental Pear Pyrus calleryana
Pink Trumpet Tree Tabebuia avellanedae
Raywood Ash Fraxinus oxycarpa 'Raywood'
Scarlet Oak Quercus coccinea
Sour Gum Nyssa sylvatica
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 148 of 484 ends

Revised: 12/15/14 Page 2 of 2
Southern Live Oak Quercus virginiana
Southern Magnolia Magnolia grandiflora
Sweet Shade Hymenospormum flavum
Thornless Honey Locust Gleditsia triacanthos inermis
Tulip Tree Liriodendrom tulipfera
Valley Oak Quercus lobata
White Iron bar Eucalyptus leucoxylon
Zelkova Zelkova serrata 'Village'
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 149 of 484 ends

Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 150 of 484 ends

Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 151 of 484 ends

coron

VOLUNTEERS
-
· ,:
-
......_ cityof
Urban Forest
Management Plan CORONA LOVES ITS
The Urban Forest Management Plan was approved by the Corona City Council on May 19. 2021. This plan establishes guidelines and procedures for the care and protection of trees to promote the health, safety, and quality of life for all Corona residents, business owners, and visitors. The plan includes the requirements for tree inspections, tree inventory, routine tree maintenance as well as educational and community outreach guidelines. It serves as the guiding document for correlated landscaping and vegetation programs. A major goal within the plan is to plant 15,000 trees over a 5-year period! • The City of Corona's volunteers
have contributed 2,080 in-kind
hours to its Urban Forest since the
creation of the Corona Beautiful
Community Clean-Up (CBCC)
volunteer program.
• $62,296 valued in volunteer service
to Corona's Urban Forest at
$29.95/hr per the Bureau of Labor
• True community effort - engaging
people from all walks of life - there
is something for everyone at the Si. r� •• •.:.
- : I -. •·'
CBCC clean-ups!
• Volunteering in our Urban Forest is
extremely popular - many cleanups reach over 100 registered • -
).,_.,.. ' - '"\.,- /
-•t: _, '
. .YI - - l.---·i
·' CITRUS'·' =.,
participants!
• Volunteers are taking ownership of
open spaces within our Urban
. 'PARK'''
?-
.•' s - Forest and planting trees,
removing debris, painting, laying
mulch, and removing graffiti!

URBAN FOREST MANAGEMENT PLAN - BY THE NUMBERS
15,000 trees
to be planted
in five years!
$3.5 million
annual urban forest
budget
$157,843,050 estimated
value of Corona's tree
inventory
76,348 total urban
forest tree sites in
Corona
677.22 tons of carbon
removed annually, valued
at $115,496 per years!
61,672 street trees,
stumps, and vacant sites
in Corona

VICTORIA
l
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 152 of 484 ends

cityof
corona
Corona Beautiful
Community Cleanups
Summer 2024
Planting & Cleanup - Oak Street - Saturday, June 22nd
Planting & Cleanup - Fairview Park - Saturday, August 17th Fall 2024
Community Cleanup - Santana Park - Thursday, September 12th, 4-6pm Community Cleanup - Sixth Street- Saturday, October 19th Planting & Cleanup - Foothill Parkway - Saturday, November 16th All events are 9:00 am - 11:00 am &
for all ages unless otherwise noted.

Sign up for our next event!
CoronaCA.gov /Registration
Questions? Contact us!
951-736-2241
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 153 of 484 ends

Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 154 of 484 ends

Free Community
Cleanup Kits
Want to make a difference in your
neighborhood?
Request a free cleanup kit from the City of
Corona! Just let us know where you will be
working, and how much trash you collect.

Request yours now!
bit.ly/volunteerforcorona
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 155 of 484 ends

From the EJScreen Supplemental Indexes
Corona, CA Census Tracts Served with IRA UCF Funding
Census Block ID Identified as
DAC in
CEJST?
Identified as
DAC in EPA
IRA tool?
Identified In EJ Screen (only described if not identified in CEJST)
06065041906 YES
060650419061 YES
060650419062 YES
060650419063 YES
060650419064 YES
06065041703 YES
060650417031 YES
060650417032 YES
060650417033 YES
06065041704 YES
060650417041 YES
060650417042 YES
06065041600 YES
060650416011 YES
060650416012 YES
060650416021 YES
060650416022 YES
06065041813 YES
060650418131 YES
060650418132 YES
060650418133 YES
06065041410 YES
060650414101 YES Only the portion within Corona City boundaries 06065041500 YES
060650415001 YES
060650415002 YES
06065040808 YES
060650408081 YES
060650408082 YES
060650408083 YES
060650408084 YES
06065040809 YES
060650408091 YES
060650408092 YES
06065041702 NO NO YES
060650417021 NO NO YES 85% Limited English Speaking Households 82% Under Age 5
76% Less Than High School Education
88% Ozone
86% Particulate Matter 2.5
82% Traffic Proximity
82% Wastewater Discharge
81% Nitrogen Dioxide
81% Hazardous Waste Proximity
79% Diesel Particulate Matter
78% Lead Paint
90% Flood Risk
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 156 of 484 ends

!" !#
$%
&

'("(
)*
+

!
),'
)-,./0120304,%(567-&'

58
%(509:
;<=>?@@ABCDDEAFGHI@JC?G
KLMNOPOQLRNMNQLSNPTRMULNUSLULVSPLVWMNXRNVLNRNM RUSYLNMPKPRPLPNQLSNPTZWMPLUNRMWOOTNSNPTLRN[NM\

]^_`ab]cde`fadghi^_acd_^_^_gjakc`_^f^ciklimnolapgilqp^pcjg_l^iqgie`^rgihfgq`n s^cfq`btnsnu`iacavcf`gcwxd`flqgiu^ddcil_hscfy`hzxus{|}~|}||nlr``p`q_giqhkg_g q^d`arf^d_`u`i_`far^fla`ga`u^i_f^jn

¡¢¡£¤£¥¦¤¢¡§¨£¤¡© ª
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 157 of 484 ends

!"#$%#&#'()* (+(#,-
./012.34.5678950:4;8<<7434.567.=4>49
5654
41:4.5074
6502.67
41:4.5074
?@ABC?D?EFGHIJ?E?K?LI?CKGLMIAGB NOO
PO
QO
RO
SO
TO
UO
VO
WO
NO
O
XY
Z[

XZ XX XY
X[
\[
[
]^]^
[
^\
[
ZX ZY
^Y Z_
^`
Z`
][
aZ
XX
Z[
[
Z]
[
bcdefghicej
kceejdWlT
mnopjqfedorjp
sfotfuj
vqmwx
sfjyji
bcdefghicej
kceejd
zotfg
{jijcyjy
zo|fd
zdc}}fg
bdotf~fe
jcu
bcfpe
hjd}hpu
bdotf~fe
{kb cgfife
bdotf~fe
cncduohy

cyej
bdotf~fe
pujdrdohpu
eodcrj
zcpy

cyejcejd
sfygcdrj
sdfpfpr

cejd
qopo~ifcpgj
5654
41:4.5074
6502.67
41:4.5074
EK??BIMKABC?D?EFGHIJ?E?K?LI?CKGLMIAGB NOO
PO
QO
RO
SO
TO
UO
VO
WO
NO
O
X]
^\
X] X`
Xa
aX
_a
]a
]` ]_
[
XY
[
Z[ Z\
^`
^X
a_
^a
_\
a^
]Z
^\
[
^]
[
bcdefghicej
kceejdWlT
mnopjqfedorjp
sfotfuj
vqmwx
sfjyji
bcdefghicej
kceejd
zotfg
{jijcyjy
zo|fd
zdc}}fg
bdotf~fe
jcu
bcfpe
hjd}hpu
bdotf~fe
{kb cgfife
bdotf~fe
cncduohy

cyej
bdotf~fe
pujdrdohpu
eodcrj
zcpy

cyejcejd
sfygcdrj
sdfpfpr

cejd
qopo~ifcpgj
RWPWUTUVbkgdjjpo~~hpfe{jode
eeyjygdjjpljclro~cjdjygdjjpmlcyt WU
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 158 of 484 ends

(

'

(

*++

"
"
+
+

,

,

"
-./01230124.56.17/.8939.:;1.<
-./012/10:=8.:>=?@ABCADAE=69FGH>781..FI.1690FAJK LMNOPQQRLRSTPURVQRWXYXRZNUOTUQOURUVTO[RZTOXWUP\]XWX ^_`a_`bcdebfghijklmnnopqrrsotuvwnxqmu
yuuxze__n{zlmnno|nx}|~q_r}xxnm_n{zlmnnoki|}zx f_b
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 159 of 484 ends

!"#$%&&'!'()%*'+&',-.-'/#*$)*&$*'*+)$0'/)$-,*%12-,- 3334&5-46*(7&81$%&&'
9:;<:;=>?@=ABCDEFGHIIJKLMMNJOPQRISLHP
TPPSU@::IVUGHIIJWISXWYLZ:MXSSIH:IVUGHIIJ[F\DWXUS] =:=
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 160 of 484 ends

City of Corona
Project Amount: $100,000
Project Completion Date:11/30/2027
Project Number:00000013 [Type here] [Type here] [Type here]

EXHIBIT B

PROGRAM BUDGET
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 28
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 161 of 484 ends

Unique Entity Identifier:

Urban & Community Forestry Program Budget Summary
Example. GL #192394 Organization Name:

Urban & Community Forestry Program
Operations: Urban & Community Forestry Program Budget Summary USDA Grant Period of Performance: 2024 - 2027
Example. City of Trees, CA
On this summary worksheet, please fill in ONLY your unique entity identifier, and your organization name, then, proceed to worksheets A. through F. 2 CFR 200: Link Here Please also reference GreenLatinos' USDA Urban & Community Forestry Grant Budget Guidance.

Year 1 (2024-2025) Year 2 (2025-2026) Year 3 (2026-2027) Subtotal Category Federal Federal Federal Federal
A. Personnel $0 $0 $0 $0
B. Fringe $0 $0 $0 $0
C. Travel $0 $0 $0 $0
E. Supplies $0 $0 $0 $0
F. Contractual $50,000 $50,000 $0 $100,000
H. Other Direct Costs $0 $0 $0 $0
Total Direct Charges $50,000 $50,000 $0 $100,000
Total Indirect Charges
Total Project Costs $50,000 $50,000 $0 $100,000
JCVFXGCJ8BK8 City of Corona
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 162 of 484 ends

Position Role Name Salary
Year 1
Effort Total Salary
Year 2
Effort Total Salary
Year 3
Effort Total Subtotal
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0 All
Years: Federal Request Year 1 Total: $0 Year 2 Total: $0 Year 3 Total: $0 Cost of Living Adjustment
Justification
A. Personnel
Please use this worksheet to articulate staff effort and related costs, to be charged to GreenLatinos' USDA Urban & Community Forestry grant award to your municipality or organization. Only include salaried staff and their respective efforts; contract positions are to be detailed in worksheet E. Contractual, and organizational expenses on employee benefits are to be detailed in worksheet B. Fringe. Please also include a percentage used to calculate annual cost of living adjustments for salaried staff. If the cost of living adjustment included is higher than the U.S. long term average of 3.28%, please include a justification below. ONLY fill light green cells, the rest will autopopulate.

Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 163 of 484 ends

B. Fringe
Please use this worksheet to articulate your municipality or organization's fringe rate. Only include percentages of salary for designated benefits. You are welcome to add or delete benefit categories as needed (e.g. FICA/Medicare, State Unemployment, Retirement Contirbution, Health Insurance,Worker's Compensation, etc.), but do make sure the total rate is representative of the sum of all categories when complete. ONLY fill light green cells, the rest will autopopulate.

Position Name Year 1 Year 2 Year 3 Subtotal
Federal Request $0 $0 $0 $0
Fringe Category Rate
FICA/Medicare
State unemployment
Retirement contribution
Health insurance
Workers compensation
Total 0.00%
$0.00 $0.00 $0.00 $0.00
$0.00 $0.00 $0.00 $0.00
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 164 of 484 ends

C. Travel
Please use this worksheet to articulate your municipality or organization's intended project-related travel. Examples of project travel include site visits, community engagement events, etc. Examples of basis for estimating costs are past trips, travel quotes, etc. Only travel that is directly associated with this award should be included.

Beginning on Jan. 1, 2024, the standard mileage reimbursement rate for privately owned vehicles driven for business use will be 67 cents per mile. Please see IRS and GSA guidance (right) for more information. ONLY fill light green cells, the rest will autopopulate.

IRS Guidance:

Link Here
GSA Guidance:

Link Here
Item Justification & Basis Year 1 Year 2 Year 3 Subtotal $0.00
$0.00
$0.00
Federal Request $0.00 $0.00 $0.00 $0.00
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 165 of 484 ends

D. Supplies
For the purposes of this award, supplies are generally defined as items with an acquisition cost less than $5,000 and a useful life expectancy of less than one year. Supplies are generally consumed during the project's period of performance. Unit cost of supplies should be less than $5,000. If supply items and costs are ambiguous, contact your GreenLatinos or USDA representative for more detail, or review guidance in 2 CFR 200. ONLY fill light green cells, the rest will autopopulate.

Item Justification & Basis Year 1 Year 2 Year 3 Subtotal $0.00
$0.00
$0.00
Federal Request $0.00 $0.00 $0.00 $0.00
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 166 of 484 ends

E. Contractual
Please use this worksheet to articulate your municipality or organization's intended project-related contracts, what they are intended to do, and the basis for detailed costs. Examples of basis for estimating costs are past contract expenditures, contractor quotes, etc. Please list all contractors supplying commercial supplies or services used to support your project. For each Contractor with total project costs of $250,000, a quote must be provided. Lobbying, advertising, fundraising, and investment management fees are not allowable contract expenditures. ONLY fill light green cells, the rest will autopopulate.

Item Justification Year 1 Year 2 Year 3 Subtotal
Contractor to provide tree planting and See attached quote from WCA for details maintenance services each year of
performance period for approximately 1,000
on the unit costs for tree planting and
maintenance.
$50,000.00 $50,000.00 $0.00 $100,000.00
to 1,500 trees
$0.00
$0.00
$0.00
Federal Request $50,000.00 $50,000.00 $0.00 $100,000.00 The City of Corona will conduct an informal price analysis of local vendors who can provide tree planting and maintenance services for this project. This estimate is based on prior costs doing similar work for the City, using an existing quote provided by West Coast Arborists (WCA) - please see the attached. WCA manages the City of Corona's entire tree inventory, and currently provides tree planting and maintenance services. This quote outlines the costs estimated for site preparation, planting, pruning, watering (with and without irrigation modification at a planting site) and general tree maintenance, depending on the total number, size and type of tree species planted and the location of the planting site, for the duration of this project. The benefit of using contractual services is that the contractor will provide an ISA-certified arborist to assist with tree and site selection, purchasing and planting the tree, all the needed labor, tools, equipment for planting and maintenance, as well as a warranty period for the tree.

Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 167 of 484 ends

F. Other Direct Costs
Please use this worksheet to articulate any other direct costs anticipated to be incurred by your municipality or organization's intended project, and their basis. Other direct costs are expenses that are directly related to a project but do not fit into the other major cost categories. Examples may include use of office space and meeting or conference facilities; participant support costs and participation stipends; insurance and indemnification, subawards, etc. ONLY fill light green cells, the rest will autopopulate.

Item Justification Year 1 Year 2 Year 3 Subtotal
$0.00
$0.00
$0.00
Federal Request $0.00 $0.00 $0.00 $0.00
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 168 of 484 ends

Description Unit Price
Grid Prune Each $59.00
Grid Aesthetic Prune Each $69.00
Grid Park/Slope Prune - aerial Each $94.00
Grid Park/Slope Prune - climb Each $239.00
Svc Rqst Clearance Prune Each $94.00
Svc Rqst Aesthetic Prune Each $239.00
Svc Rqst Park/Slope Prune - aerial Each $239.00
Svc Rqst Park/Slope Prune - climb Each $359.00
Palm Prune Each $69.00
Palm Skin/Shape Each $154.00
Tree & Stump Removal Inch $40.00
Tree Only Removal Inch $30.00
Stump Only Removal Inch $17.00
Plant 15 Gallon Tree Each $170.00
Plant 15 Gallon w/RB Each $190.00
Plant 24" Box Tree Each $360.00
Plant 24" Box Tree w/RB Each $380.00
Root Pruning Linear Foot $17.00
GPS Inventory Update Each $3.00
Arborist Services Man Hour $134.00
Crew Rental - per man Man Hour $88.00
Emergency Response (3mn@$324/hr) Man Hour $108.00
Prune Backup - Crew Each $0.00
Tree & Stump Removal Backup - Crew Each $0.00
Tree Only Removal Backup - Crew Each $0.00
Stump Only Removal Backup - Crew Each $0.00
Plant Backup - Crew Each $0.00
Root Prune Backup - Crew Each $0.00
Root Grind Backup - Crew Each $0.00
Stake Backup - Crew Each $0.00
Watering Backup - Crew Each $0.00
Erner Prune Backup Each $0.00
Erner Tree & Stump Removal Backup Each $0.00
..ff1 Horne Inventories L1sl IVlanagernent Call M,rncJ Jemenl Proposal:, Invoices Reportin J Options Ernail Help
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 169 of 484 ends

Erner Tree Only Removal Backup Each $0.00
Erner Stump Backup - Crew Each $0.00
Trunk Injection Backup - Crew Each $0.00
Barrier Trunk Spray Backup - Crew Each $0.00
Systemic Trunk Spray Backup - Crew Each $0.00
Pruning Wound Spray Backup - Crew Each $0.00
Canopy Spray Backup - Crew Each $0.00
Weed Spray Backup - Crew Each $0.00
Soil Drench Backup - Crew Each $0.00
Soil Injection Backup - Crew Each $0.00
Granular Broadcast Backup - Crew Each $0.00
No Charge Roll Off Services Each $0.00
No Charge Watering Each $0.00
No Charge Specialty Eqpt Operator Each $0.00
© 2001-2024 West Coast Arborists Inc. All Rights Reserved.

Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 170 of 484 ends

EXHIBIT C

ADDITIONAL TERMS AND CONDITIONS

1. NONDISCRIMINATION STATEMENT – PRINTED, ELECTRONIC, OR AUDIOVISUAL MATERIAL. Subrecipient shall include the following statement, in full, in any printed, audiovisual material, or electronic media for public distribution developed or printed with any federal funding:

In accordance with federal law and U.S. Department of
Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, disability, and reprisal or retaliation for prior civil rights activity. (Not all prohibited bases apply to all programs.) Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication for program
information (e.g., Braille, large print, audiotape, and American Sign Language) should contact the responsible state or local Agency that administers the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. To file a program discrimination complaint, a complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form, which can be obtained online at
https://www.ocio.usda.gov/document/ad-3027, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by: (1) Mail: U.S. Department of
Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, D.C. 20250-9410; (2) Fax:
(833) 256-1665 or (202) 690-7442; or (3) Email:
[email protected]. If the material is too small to permit Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 171 of 484 ends

City of Corona
Project Amount: $100,000
Project Completion Date:11/30/2027
Project Number:00000013
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 30
the full Non-Discrimination Statement to be included, the material will, at a minimum, include the alternative statement:
“This institution is an equal opportunity provider.”

2. TRAFFICKING IN PERSONS.
a. Provisions applicable to a Recipient that is a private entity:
i. Subrecipient and its employees, may not:
1) Engage in severe forms of trafficking in
persons during the period of time that the
award is in effect;
2) Procure a commercial sex act during the
period of time that the award is in effect; or
3) Use forced labor in the performance of the
award or subawards under the award.
ii. This award may be unilaterally terminated,
without penalty, if a Subrecipient that is a private
entity:
1) Is determined to have violated a prohibition in
paragraph a.1 of this award term; or
2) Has an employee who is determined by the
agency official authorized to terminate the
award to have violated a prohibition in
paragraph a.1 of this award term through
conduct that is either:
(a) Associated with performance under this award;
or
(b) Imputed to you or the Subrecipient
using the standards and due process
for imputing the conduct of an
individual to an organization that are
provided in 2 CFR part 180, “OMB
Guidelines to Agencies on
Government wide Debarment and
Suspension (Nonprocurement).”
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 172 of 484 ends

City of Corona
Project Amount: $100,000
Project Completion Date:11/30/2027
Project Number:00000013
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 31
b. Provision applicable to a Recipient other than a private entity: This award may be unilaterally terminated,
without penalty, if a Subrecipient that is a private entity:
i. Is determined to have violated an applicable
prohibition in paragraph a.1 of this award term; or
ii. Has an employee who is determined by the agency
official authorized to terminate the award to have
violated an applicable prohibition in paragraph a.1 of
this award term through conduct that is either:
1) Associated with performance under this award; or
2) Imputed to the subrecipient using the
standards and due process for imputing
the conduct of an individual to an
organization that are provided 2 CFR part
180, “OMB Guidelines to Agencies on
Government wide Debarment and
Suspension (Nonprocurement).”
c. Provisions applicable to any Subrecipient:
i. You must inform GreenLatinos and the Forest Service
immediately of any information you receive from any
source alleging a violation of a prohibition in paragraph a.1 of this award term.
ii. The right to terminate unilaterally that is described in paragraph a.2 or b of this section:
1) Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 USC
§ 7104(g)), and
2) Is in addition to all other remedies for noncompliance available under this award.
d. Definitions. For purposes of this award term:
i. “Employee” means either:
1) An individual employed by Subrecipient who
is engaged in the performance of the project
or program under this award, or
2) Another person engaged in the performance of the
project or program under this award and not
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 173 of 484 ends

City of Corona
Project Amount: $100,000
Project Completion Date:11/30/2027
Project Number:00000013
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 32
compensated by you including, but not limited to, a
volunteer or individual whose services are
contributed by a third party as an in-kind
contribution toward cost sharing or matching
requirements.
ii. “Forced labor” means labor obtained by any of the
following methods: the recruitment, harboring,
transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or
coercion for the purpose of subjection to involuntary
servitude, peonage, debt bondage, or slavery.
iii. ”Private entity”
1) Means any entity other than a state, local
government, Indian tribe, or foreign public
entity, as those terms are defined in 2
CFR 175.25.
2) Includes:
(a) A nonprofit organization, including
any nonprofit institution of higher
education, hospital, or tribal
organization other than one included
in the definition of Indian tribe at
2 CFR 175.25(b).
(b) A for-profit organization.
iv. “Severe forms of trafficking in persons,” “commercial sex act,” and “coercion” have the meanings given at section 103 of the TVPA, as amended (22 USC § 7102).

3. PROHIBITION AGAINST USING FUNDS WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS.
a. Subrecipient may not require its employees, contractors, or Subrecipients seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting them from lawfully reporting that waste, fraud, or abuse to a
designated investigative or law enforcement representative Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 174 of 484 ends

City of Corona
Project Amount: $100,000
Project Completion Date:11/30/2027
Project Number:00000013
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 33
of a federal department or agency authorized to receive such information.
b. Subrecipient must notify its employees, contractors, or subrecipients that the prohibitions and restrictions of any internal confidentiality agreements inconsistent with
paragraph 1 of this award provision are no longer in effect. c. The prohibition in paragraph 1 of this award provision does not contravene requirements applicable to any other form issued by a federal department or agency governing the
nondisclosure of classified information.
d. If GreenLatinos or the Government determines that the Subrecipient is not in compliance with this award provision, it;
i. Will prohibit the Subrecipient’s use of funds under this award in accordance with sections 743, 744 of Division E of the Consolidated Appropriations Act, 2016, (Pub. L. 114-113) or any successor provision of law; and
ii. May pursue other remedies available for the Subrecipient’s material failure to comply with award terms and conditions.

4. ELIGIBLE WORKERS. Subrecipient shall ensure that all employees complete the I-9 form to certify that they are eligible for lawful employment under the Immigration and Nationality Act (8 USC § 1324(a)). Subrecipient shall comply with regulations regarding certification and retention of the completed forms. These requirements also apply to any contract or supplemental instruments awarded under this award.

5. FREEDOM OF INFORMATION ACT. Public access to award or agreement records must not be limited, except when such records must be kept confidential and would have been exempted from disclosure pursuant to Freedom of Information regulations (5 USC § 552). Requests for research data are subject to 2 CFR 315(e). Public access to culturally sensitive data and information of Federallyrecognized Tribes may also be explicitly limited by P.L. 110-234, Title VIII Subtitle B § 8106 (2009 Farm Bill).

Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 175 of 484 ends

6. PATRIOT ACT. Subrecipient agrees to comply with all applicable requirements of the USA Patriot Act and Executive Order 13224, and all subsequently enacted legislation, executive orders, or regulations, designed to prevent any Award funds from being used in support of terrorism or a terrorist organization.

7. PROMOTING FREE SPEECH AND RELIGIOUS FREEDOM. As a recipient of USDA financial assistance, grantees (including Subrecipient) will comply with the following:
a. Do not discriminate against applicants for sub-grants on the basis of their religious character.
b. Code of Federal Regulations (CFR) part 16.3(a), Rights of Religious Organizations.
c. Statutory and national policy requirements, including those prohibiting discrimination and those described in Executive Order 13798 promoting free speech and religious freedom, 2 CFR 200.300.

8. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO
SURVEILLANCE SERVICES OR EQUIPMENT. Cooperators (including Subrecipient) are responsible for compliance with the prohibition on certain telecommunications and video surveillance services or equipment identified in 2 CFR 200.216. See Public Law 115-232, Section 889 for additional information. In accordance with 2 CFR 200.216, grantees (including Subrecipient) are prohibited from obligating or expending loan or grant funds for covered telecommunications equipment or services to:
a. Procure or obtain, extend or renew a contract to procure or obtain;
b. Enter into a contract (or extend or renew a contract) to procure; or
c. Obtain the equipment, services or systems.

9. DRUG FREE WORKPLACE
A. Subawardee agree(s) that it will publish a drug-free workplace statement and provide a copy to each employee Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 176 of 484 ends

City of Corona
Project Amount: $100,000
Project Completion Date:11/30/2027
Project Number:00000013
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 35
who will be engaged in the performance of any
project/program that receives federal funding. The
statement must:
a. Tell the employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a
controlled substance is prohibited in its workplace;
b. Specify the actions subawardee will take against
employees for violating that prohibition; and
c. Let each employee know that, as a condition of
employment under any award, the employee:
i. Shall abide by the terms of the statement, and
ii. Shall notify subawardee in writing if they are
convicted for a violation of a criminal drug
statute occurring in the workplace, and shall do
so no more than 5 calendar days after the
conviction.

B. Subawardee agree(s) that it will establish an ongoing drugfree awareness program to inform employees about a. The dangers of drug abuse in the workplace;
b. The established policy of maintaining a drug-free
workplace;
c. Any available drug counseling, rehabilitation and
employee assistance programs; and
d. The penalties that you may impose upon them for
drug abuse violations occurring in the workplace.

C. Without the GreenLatinos Case Manager’s expressed
written approval, the policy statement and program must be in place as soon as possible, no later than the 30 days after the effective date of this instrument, or the completion date of this subaward, whichever occurs first.

D. Subawardee agrees to immediately notify the GreenLatinos Case Manager if an employee is convicted of a drug
violation in the workplace. The notification must be in writing, identify the employee’s position title, the award number of each award on which the employee worked. The
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 177 of 484 ends

City of Corona
Project Amount: $100,000
Project Completion Date:11/30/2027
Project Number:00000013
Email: [email protected] 36
notification must be sent to the Case Manager within 10 calendar days after subawardee learns of the conviction.

E. Within 30 calendar days of learning about an employee’s conviction, GreenLatinos must either
a. Take appropriate personnel action against the
employee, up to and including termination, consistent
with the requirements of the Rehabilitation Act of
1973 (29 USC 794), as amended, or
b. Require the employee to participate satisfactorily in a drug abuse assistance or rehabilitation program
approved for these purposes by a Federal, State or
local health, law enforcement, or other appropriate
agency.

10. TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order (EO) 13513, “Federal Leadership on Reducing Text Messaging While Driving,” any and all text messaging by Federal employees is banned: a) while driving a Government owned vehicle (GOV) or driving a privately owned vehicle (POV) while on official Government business; or b) using any electronic equipment supplied by the Government when driving any vehicle at any time. All Cooperators, their Employees, Volunteers, and Contractors are encouraged to adopt and enforce policies that ban text messaging when driving company owned, leased or rented vehicles, POVs or GOVs when driving while on official Government business or when performing any work for or on behalf of the Government.

GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 178 of 484 ends

EXHIBIT D

NOTICE OF PRIME AWARD
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 179 of 484 ends

Page 180 of 484 ends

Page 181 of 484 ends

Page 182 of 484 ends

Page 183 of 484 ends

Page 184 of 484 ends

Page 185 of 484 ends

Page 186 of 484 ends

Page 187 of 484 ends

Page 188 of 484 ends

Page 189 of 484 ends

Page 190 of 484 ends

Page 191 of 484 ends

Page 192 of 484 ends

Page 193 of 484 ends

Page 194 of 484 ends

Page 195 of 484 ends

Page 196 of 484 ends

Page 197 of 484 ends

EXHIBIT E

SUBAWARD DATA
(i) Subrecipient Name City of Corona
(ii) Subrecipient Unique Entity Identifier: JCVFXGCJ8BK8 (iii) Federal Award Identification Number (FAIN): 24-CA-11132544-013 (iv) Federal Award Date of Award to the Recipient by
the Federal Agency:
9/14/2023
(v) Subaward Period of Performance Start Date: [ ]
(vi) Subaward Period of Performance End Date: 11/30/2027 (vii Amount of Federal Funds Obligated by this Action
by the Pass-Through Entity to the Subrecipient:
$100,000
(vii Total Amount of Federal Funds Obligated to the
Subrecipient by the Pass-Through Entity Including
the Current Obligation:
$100,000
(ix) Total Amount of the Federal Award Committed to
the Subrecipient by the Pass-Through Entity:
$100,000
(x) Federal Award Project Description: Rooted in Corona - The City of Corona seeks to plant between 1,000 to 1,500
trees in public spaces and provide
irrigation and maintenance services for
establishing public space trees. The
City will supplement this funding by
providing project-related marketing,
public relations, and tree planting
events, and will disseminate
informational tool kits to educate
residents on tree species, site selection,
tree care and the value of planting
trees. Through this contract, the City
seeks to expand its relationship with
the disadvantaged communities that it
hopes to serve.

Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8 8/26/2024 | 1:11 PM PDT

Page 198 of 484 ends

EXHIBIT F

WHISTLEBLOWER NOTICE
Whistleblowers perform an important service to USDA and the public when they come forward with what they reasonably believe to be evidence of wrongdoing. They should never be subject to reprisal for doing so. Federal law protects federal employees as well as personal services contractors and employees of federal contractors, subcontractors, grantees, and subgrantees against reprisal for whistleblowing. USDA bears the responsibility to ensure that nothing in a non-disclosure agreement which a contractor, subcontractor, grantee, or subgrantee requires their employees to sign should be interpreted as limiting their ability to provide information to the Office of Inspector General (OIG).
41 USC section 4712 requires the head of each executive agency to ensure that its contractors inform their workers in writing of the rights and remedies under the statute. Accordingly, it is illegal for a personal services contractor or an employee of a federal contractor, subcontractor, grantee, or subgrantee to be discharged, demoted, or otherwise discriminated against for making a protected whistleblower disclosure. In this context, these categories of individuals are whistleblowers who disclose information that the individual reasonably believes is evidence of one of the following:
○ 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.

To be protected under 41 USC section 4712, the disclosure must be made to one of the following:
○ A Member of Congress, or a representative of a committee of Congress;
○ The OIG;
○ The Government Accountability Office (GAO);
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 199 of 484 ends

City of Corona
Project Amount: $100,000
Project Completion Date:11/30/2027
Project Number:00000013
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 58
○ A Federal employee responsible for contract or grant oversight or management at USDA;
○ An otherwise authorized official at USDA or other law enforcement agency;
○ A court or grand jury; or
○ A management official or other employee of the contractor, subcontractor, or grantee who has the responsibility to investigate, discover, or address misconduct.

Under 41 USC section4712, personal services contractors as well as employees of contractors, subcontractors, grantees, or subgrantees may file a complaint with OIG, who will investigate the matter unless they determine that the complaint is frivolous, fails to allege a violation of the prohibition against whistleblower reprisal, or has been addressed in another proceeding.

OIG’s investigation is then presented to the head of executive agency who evaluates the facts of the investigation and can order the contractor, subcontractor, grantee, or subgrantee to take remedial action, such as reinstatement or back pay.

Federal Acquisition Regulation (FAR) Subpart 3.903, Whistleblower Protections for Contractor Employees, Policy, prohibits government contractors from retaliating against a contract worker for making a protected disclosure related to the contract. FAR Subpart 3.909-1 prohibits the Government from using funds for a contract with an entity that requires its employees or subcontractors to sign internal confidentiality statements prohibiting or restricting disclosures of fraud, waste, or abuse to designated persons. This prohibition does not contravene agreements pertaining to classified information. The regulation also requires contracting officers to insert FAR clause 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights, in all solicitations and contracts that exceed the Simplified Acquisition Threshold as defined in FAR Subpart 3.908. This clause requires notification to contractor employees that they are subject to the whistleblower rights and remedies referenced in 41 USC section 4712.

Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 200 of 484 ends

City of Corona
Project Amount: $100,000
Project Completion Date:11/30/2027
Project Number:00000013
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 59
In order to make a complaint alleging any of the violations mentioned above, one should complete the OIG Hotline form located at:
https://www.usda.gov/oig/hotline. For additional information, they may also visit the WPC’s webpage at: https://www.usda.gov/
oig/wpc or they may directly contact the WPC at [email protected].

Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 201 of 484 ends

EXHIBIT G
2 CFR PART 170

1. Reporting Subawards and Executive Compensation.
a. Reporting of First-Tier Subawards.
i. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that equals or exceeds $30,000 in federal funds for a subaward to a non-federal entity or Federal agency (see definitions in paragraph e. of this award term).
ii. Where and When to Report.
1) The non-federal entity or federal agency must
report each obligating action described in
paragraph a.1. of this award term to
http://www.fsrs.gov.
2) For subaward information, report no later than the
end of the month following the month in which
the obligation was made. (For example, if the
obligation was made on November 7, 2010, the
obligation must be reported by no later than
December 31, 2010.)
iii. What to Report. You must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov specify.
b. Reporting Total Compensation of Recipient Executives for Non-Federal Entities.
i. Applicability and What to Report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if
1) The total federal funding authorized to date under
this federal award equals or exceeds $30,000 as
defined in 2 CFR 170.320;
2) in the preceding fiscal year, you received
(a) 80% or more of your annual gross revenues from
Federal procurement contracts (and
subcontracts) and Federal financial assistance
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 202 of 484 ends

City of Corona
Project Amount: $100,000 Project
Completion Date:11/30/2027 Project
Number:00000013
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 61
subject to the Transparency Act, as defined at 2
CFR 170.320 (and subawards), and
(b) $25,000,000 or more in annual gross revenues
from federal procurement contracts (and
subcontracts) and federal financial assistance
subject to the Transparency Act, as defined at
2 CFR 170.320 (and subawards); and,
3) The public does not have access to information
about the compensation of the executives through
periodic reports filed under section 13(a) or 15(d) of
the Securities Exchange Act of 1934 (15 USC
§ 78m(a), 78o(d)) or section 6104 of the Internal
Revenue Code of 1986. (To determine if the public
has access to the compensation information, see
the U.S. Security and Exchange Commission total
compensation filings at
http://www.sec.gov/answers/
execomp.htm.)
ii. Where and When to Report. You must report executive total compensation described in paragraph b.1. of this award term:
1) As part of your registration profile at
https://www.sam.gov.
2) By the end of the month following the month in
which this award is made, and annually thereafter.
c. Reporting of Total Compensation of Subrecipient Executives. i. Applicability and What to Report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier non-federal entity Subrecipient under this award, you shall report the names and total compensation of each of the
Subrecipient’s five most highly compensated executives for the Subrecipient’s preceding completed fiscal year, if
1) in the Subrecipient’s preceding fiscal year, the
Subrecipient received
(a) 80% or more of its annual gross revenues from
federal procurement contracts (and
subcontracts) and federal financial assistance
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 203 of 484 ends

City of Corona
Project Amount: $100,000 Project
Completion Date:11/30/2027 Project
Number:00000013
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 62
subject to the Transparency Act, as defined at 2
CFR 170.320 (and subawards) and,
(b) $25,000,000 or more in annual gross revenues
from federal procurement contracts (and
subcontracts), and federal financial assistance
subject to the Transparency Act (and
subawards); and
2) The public does not have access to information
about the compensation of the executives through
periodic reports filed under section 13(a) or 15(d) of
the Securities Exchange Act of 1934 (15 USC
§ 78m(a), 78o(d)) or section 6104 of the Internal
Revenue Code of 1986. (To determine if the public
has access to the compensation information, see
the U.S. Security and Exchange Commission total
compensation filings at
http://www.sec.gov/answers/
execomp.htm.)
ii. Where and When to Report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term:
1) To the recipient.
2) By the end of the month following the month
during which you make the subaward. For
example, if a subaward is obligated on any date
during the month of October of a given year (i.e.,
between October 1 and 31), you must report any
required compensation information of the
Subrecipient by November 30 of that year.
d. Exemptions. If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report:
i. Subawards, and
ii. The total compensation of the five most highly compensated executives of any subrecipient.
e. Definitions. For purposes of this award term:

Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 204 of 484 ends

City of Corona
Project Amount: $100,000 Project
Completion Date:11/30/2027 Project
Number:00000013
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 63
i. “Federal Agency” means a Federal agency as defined at 5 USC section 551(1) and further clarified by 5 USC section 552(f). ii. “Non-Federal Entity” means all of the following, as defined in 2 CFR part 25:
1) A governmental organization, which is a state, local government, or Indian tribe;
2) A foreign public entity;
3) A domestic or foreign nonprofit organization; and,
4) A domestic or foreign for-profit organization
iii. “Executive” means officers, managing partners, or any other employees in management positions.
iv. “Subaward”:
1) This term means a legal instrument to provide
support for the performance of any portion of the
substantive project or program for which you
received this award and that you as the recipient
award to an eligible subrecipient.
2) The term does not include your procurement of
property and services needed to carry out the
project or program (for further explanation, see 2
CFR 200.331).
3) A subaward may be provided through any legal
agreement, including an agreement that you or a
subrecipient considers a contract.
v. “Subrecipient” means a non-federal entity or federal agency that:
1) Receives a subaward from you (the recipient)
under this award; and
2) Is accountable to you for the use of the federal
funds provided by the subaward.
vi. Total compensation means the cash and noncash dollar value earned by the executive during the recipient’s or subrecipient’s preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)).

Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 205 of 484 ends

EXHIBIT H

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY

AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANSACTIONS OMB No. 0505-0027 Expiration
Date: 09/30/2025
Certification Regarding
Debarment, Suspension,
Ineligibility and Voluntary
Exclusion Lower Tier Covered
Transactions
The following statement is made in accordance with the Privacy Act of 1974 (5 USC § 552a, as amended). This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, and 2 CFR sections 180.300, 180.335, Participants’ responsibilities. The regulations were amended and published on August 31, 2005, in 70 Fed. Reg. 51865-51880. Copies of the regulations may be obtained by contacting the Department of Agriculture agency offering the proposed covered transaction.

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number.

The valid OMB control number for this information collection is 0505- 0027. The time required to complete this information collection is estimated to average 15 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The provisions of appropriate criminal or civil fraud, privacy, and other statutes may be applicable to the information provided.

Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 206 of 484 ends

City of Corona
Project Amount: $100,000 Project
Completion Date:11/30/2027 Project
Number:00000013
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 65
(Read instructions on page two before completing certification.) A. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency;
B. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

ORGANIZATION NAME
City of Corona

PR/AWARD NUMBER OR

PROJECT NAME
JCVFXGCJ8BK8

NAME(S) AND TITLE(S) OF AUTHORIZED REPRESENTATIVE(S)
Moses Cortez, Facilities, Parks and Trails Manager and Donna Finch, Community Services Director, City of Corona

SIGNATURES DATE
In accordance with federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs).

Remedies and complaint filing deadlines vary by program or incident.

Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8 8/22/2024 | 9:20 AM PDT
8/26/2024 | 8:41 AM PDT

Page 207 of 484 ends

City of Corona
Project Amount: $100,000 Project
Completion Date:11/30/2027 Project
Number:00000013
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 66
Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S.

Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: [email protected].

USDA is an equal opportunity provider, employer, and lender.

Instructions for Certification
(1) By signing and submitting this form, the prospective lower tier participant is providing the certification set out on page 1 in accordance with these instructions.
(2) The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal
government, the department or agency with which this
transaction originated may pursue available remedies,
including suspension or debarment.
(3) The prospective lower tier participant must provide immediate written notice to the person(s) to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (4) The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” “participant,” Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 208 of 484 ends

City of Corona
Project Amount: $100,000 Project
Completion Date:11/30/2027 Project
Number:00000013
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 67
“person,” “primary covered transaction,” “principal,” “proposal,” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549, at 2 CFR Parts 180 and 417. You may contact the Department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
(5) The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into, it may not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department or agency with which this transaction originated.
(6) The prospective lower tier participant further agrees by submitting this form that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. (7) A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the General Services Administration’s System for Award Management Exclusions database.
(8) Nothing contained in the foregoing shall be construed to require establishment of a system of records to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 209 of 484 ends

City of Corona
Project Amount: $100,000 Project
Completion Date:11/30/2027 Project
Number:00000013
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 68
which is normally possessed by a prudent person in the
ordinary course of business dealings.
(9) Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

Form AD-1048 (REV 12/22)
Docusign Envelope ID: A87DC6F1-5200-4329-9794-0F00B35E49F8

Page 210 of 484 ends

Certificate Of Completion
Envelope Id: A87DC6F15200432997940F00B35E49F8 Status: Completed Subject: Complete with Docusign: Corona GreenLatinos USDA IRA UCF Grant Package Source Envelope:

Document Pages: 93 Signatures: 9 Envelope Originator:

Certificate Pages: 5 Initials: 2 Molly
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
72632 Coyote Rd.

Pendleton, OR 97801
[email protected]
IP Address: 73.229.196.232
Record Tracking
Status: Original
8/20/2024 3:18:21 PM
Holder: Molly
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Cayuse Shared Services Location: DocuSign Signer Events Signature Timestamp
Moses Cortez
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 64.29.226.10
Sent: 8/20/2024 3:21:27 PM
Viewed: 8/22/2024 9:20:37 AM
Signed: 8/22/2024 9:20:54 AM
Electronic Record and Signature Disclosure:

Accepted: 8/22/2024 9:20:37 AM
ID: e80b40d4-4169-45ce-ae26-7b700e2f5dc8
Donna Finch
[email protected]
Community Services Director
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 64.29.226.10
Sent: 8/22/2024 9:20:57 AM
Viewed: 8/26/2024 8:41:28 AM
Signed: 8/26/2024 8:41:43 AM
Electronic Record and Signature Disclosure:

Accepted: 8/26/2024 8:41:27 AM
ID: 6344ee1b-3fb9-4ec7-b7fa-6063b1ee3bcd
Mark Magana
[email protected]
Founding President & CEO
Security Level: Email, Account Authentication
(None) Signature Adoption: Pre-selected Style
Using IP Address: 172.93.132.147
Signed using mobile
Sent: 8/26/2024 8:41:46 AM
Viewed: 8/26/2024 1:11:16 PM
Signed: 8/26/2024 1:11:24 PM
Electronic Record and Signature Disclosure:

Accepted: 8/26/2024 1:11:16 PM
ID: 4d8bc057-0524-443d-be9e-091e30730d3a
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp

Page 211 of 484 ends

Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Kasey Yturralde
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 8/26/2024 1:11:27 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Mariana Del Valle Prieto Cervantes
[email protected]
Chief of Staff
Security Level: Email, Account Authentication
(None)
Sent: 8/26/2024 1:11:28 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Rachna Vas
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 8/26/2024 1:11:29 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Joe Toolan
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 8/26/2024 1:11:30 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 8/20/2024 3:21:27 PM
Certified Delivered Security Checked 8/26/2024 1:11:16 PM Signing Complete Security Checked 8/26/2024 1:11:24 PM
Completed Security Checked 8/26/2024 1:11:30 PM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure

Page 212 of 484 ends

ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Cayuse Shared Services (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below.

Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Electronic Record and Signature Disclosure created on: 1/19/2023 2:07:39 PM Parties agreed to: Moses Cortez, Donna Finch, Mark Magana

Page 213 of 484 ends

Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us.

How to contact Cayuse Shared Services:

You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows:

To contact us by email send messages to: [email protected] To advise Cayuse Shared Services of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at [email protected] and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address.

If you created a DocuSign account, you may update it with your new email address through your account preferences.

To request paper copies from Cayuse Shared Services
To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to [email protected] and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any.

To withdraw your consent with Cayuse Shared Services
To inform us that you no longer wish to receive future notices and disclosures in electronic format you may:

Page 214 of 484 ends

i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to [email protected] and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process..

Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: https://support.docusign.com/guides/signer-guidesigning-system-requirements.

Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please confirm that you have read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for your future reference and access; or (ii) that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign system.

By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm that:
 You can access and read this Electronic Record and Signature Disclosure; and  You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and
 Until or unless you notify Cayuse Shared Services as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Cayuse Shared Services during the course of your relationship with Cayuse Shared Services.

Page 215 of 484 ends

DATE: 09/04/2024
TO: Honorable Mayor and City Council Members
FROM: Police Department
2024-12

REQUEST FOR CITY COUNCIL ACTION
SUBJECT:

SEVENTH AMENDMENT TO THE AVIATION PROGRAM AGREEMENT BETWEEN

THE CITY OF RIVERSIDE AND THE CITY OF CORONA
EXECUTIVE SUMMARY:

This staff report asks the City Council to approve the Seventh Amendment to the Aviation Program agreement between the City of Riverside and the City of Corona. The use of aviation in law enforcement tactics has been present for several decades and allows for a unique approach to assist law enforcement ground units with different types of incidents; for example, combatting crime, conducting area checks, searching for lost people, and providing a more comprehensive view of an ongoing event for officer safety. Helicopters enable law enforcement to be on scene and overhead in an incident quicker than ground units. The ability to incorporate aviation into law enforcement assists with police operations, law enforcement patrols, and police and community safety.

RECOMMENDED ACTION:
a. Authorize the City Manager, or his designee, to execute the Seventh Amendment to the Aviation Program agreement between the City of Riverside and the City of Corona, formerly known as the Helicopter Program.
b. Authorize the Chief of Police, pursuant to his delegated authority to maintain and manage the Seventh Amended Aviation Program agreement as noted in section

8.3 of this agreement.

Page 216 of 484 ends

c. Authorize the City of Corona to issue a claim form payment of funds in the amount of $120,000 to the City of Riverside.

BACKGROUND & HISTORY:

Studies have shown a positive correlation between helicopter use in police operations, including patrols, officers, and community safety. The City of Corona originally purchased a helicopter in 2002, but due to budget reductions, the City sold the helicopter in 2009.

The City of Corona Police Department had no contracted air support until July 2014, when the City entered into a Helicopter Program agreement with the City of Riverside.

That agreement provided 559 hours of air support to the City of Corona, utilizing Riverside Police Department aircraft for a total amount of $399,292. As part of the initial agreement, the City of Corona also funded and supplied one Police Officer to serve as a Tactical Flight Officer with the air unit. Both parties amended and maintained this agreement until it was revised in July 2018. In the revised July 2018 amendment, “Aviation” replaced the word “Helicopter”; and the hours were reduced only to provide an as-needed emergency response for a total of $100,000 annually. The City of Corona still provided the Tactical Flight Officer. This agreement remained in effect until April 2020. At that time, the City of Corona Police Department amicably terminated the agreement with the City of Riverside due to staffing shortages. The assigned Corona Police Department Tactical Flight Officer returned to Patrol.

In June 2020, the Corona Police Department did not renew or extend our contract for flight hours with the Riverside Police Department. This decision was based on mutual personnel shortages, flight hour restrictions that the Riverside Police Department was facing, and other mutual budget priorities.

In July 2021, the City Council approved the Fourth Amendment to the Aviation Program agreement with the City of Riverside, and this agreement was entered into and signed with the City of Riverside in September 2021. The agreement provided 120 annual flight hours for a total of $120,000 for Fiscal Year 2022.

In July 2022, the City Council approved the Fifth Amendment to the Aviation Program agreement with the City of Riverside, and this agreement was entered into and signed with the City of Riverside in October 2022. This agreement provided as-needed emergency response based on annual flight hours of 120 hours for a total of $120,000 for Fiscal Year 2023.

In July 2023, the City Council approved the Sixth Amendment to the Aviation Program agreement with the City of Riverside, and this agreement was entered into and signed with the City of Riverside in September 2023. Riverside Police recently purchased two new helicopters, which significantly increased the annual operating cost for the Aviation Program. To retain the previously approved budget allotment for the Aviation Program, staff negotiated to maintain the operational cost commitment but at a reduced flight time.

Consequently, the cost per flight hour has risen to $1,713, and the proactive air patrols

Page 217 of 484 ends

were limited to approximately 70 hours per year. The reduction of flight hours provided by the Aviation Program has been supplemented with Corona’s expanded Unmanned Aerial System (UAS) program, thus reducing the reliance on helicopter deployments while maintaining the priority of officer and community safety.

ANALYSIS:

The Riverside Police Department has provided air support assistance to the Corona Police Department for the past year on as-needed emergency response. This response is based on availability for day and nighttime operations. The Corona Police Department sees the benefit in renewing our contractual flight time with the Riverside Police Department to maintain prompt response times and our community’s and officers’ safety as outlined in Goal 4 of the City of Corona’s Strategic Plan. The Aviation Program acts as a force multiplier by providing visual overwatch before officers arrive on the scene during critical incidents.

The Seventh Amended Aviation Program agreement would allow for 70 annual flight hours at the approximate cost of $1,713 per hour for as-needed emergency response, for a total of $120,000. The agreement provides As-Needed Flight Patrol. The City of Riverside will track flight hours and provide a total of flight hours to the City of Corona every quarter. To maintain fiscal accountability, approval for the request of the helicopter will continue to be provided at a Sergeant or Watch Commander level to ensure the critical need of the request. Finally, this agreement does not require the staffing of a City of Corona Tactical Flight Officer, allowing that Police Officer to remain in Patrol.

At any time during the terms of this agreement, either party has the right to terminate the agreement with or without cause, upon thirty (30) days' written notice to the other party.

This agreement is for one year, from July 1, 2024, through June 30, 2025. The City Attorney has reviewed and approved as to form the proposed Seventh Amendment to the Aviation agreement.

FINANCIAL IMPACT:

This one-year Aviation Program agreement compensation is $120,000. This amount will be paid by the City of Corona in two equal installments annually. Per the agreement, the first payment was due July 15, 2024, and the second is due January 15, 2025. However, the first payment will not be issued until the City Council and the City of Riverside have approved the agreement.

There is sufficient funding within the Fiscal Year 2025 Police Department’s operating budget for this agreement. Funding for future fiscal years will be assessed and requested through the annual budget process as needed.

ENVIRONMENTAL ANALYSIS:

Page 218 of 484 ends

it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action of the Aviation Program flying for 70 hours annually is minimal and there is no possibility this will have a significant effect on the environment. Therefore, no environmental analysis is required.

PREPARED BY: AMANDA ANDRADE, MANAGEMENT ANALYST II
REVIEWED BY: ROBERT NEWMAN, CHIEF OF POLICE
ATTACHMENTS:

1. Exhibit 1 – Seventh Amended Aviation Program Agreement between the City of Riverside and the City of Corona

Page 219 of 484 ends

CA#15-0723.7 RG/ta 08/24 1

SEVENTH AMENDED

AVIATION PROGRAM AGREEMENT

BETWEEN THE CITY OF RIVERSIDE

AND THE CITY OF CORONA
This Seventh Amended Aviation Program Agreement (hereinafter "Agreement") is made and entered into as of the day of ______, 2024 by and between the City of Riverside, a municipal corporation (hereinafter "Riverside") and the City of Corona, a municipal corporation (hereinafter "Corona"), collectively referred herein as "Parties".

RECITALS
WHEREAS, Riverside owns and operates aircraft for policing functions; and WHEREAS, Corona desires assistance from Riverside for air support services; and WHEREAS, Riverside and Corona first entered into that Helicopter Program Agreement dated June 25, 2014 ("Original Agreement'') and subsequently entered into an amended version of the Helicopter Program Agreement dated June 26, 2015 ("First Amended Agreement"); and WHEREAS, Riverside and Corona entered into a second amended version of the Helicopter Program Agreement dated June 26, 2017 ("Second Amended Agreement"); and WHEREAS, Riverside and Corona entered into a third amended version of the Helicopter Program Agreement in order to provide as-needed emergency response only for $100,000 per year and to replace "Helicopter" with "Aviation" in the name of the Aviation Program Agreement, dated July 11, 2018 (“Third Amended Agreement”); and
WHEREAS, Riverside and Corona entered a fourth amended version of the Aviation Program Agreement in order to provide as-needed emergency response only for $120,000 per year, dated September 7, 2021 (“Fourth Amended Agreement”); and
WHEREAS, Riverside and Corona entered a fifth amended version of the Aviation Program Agreement in order to provide as-needed emergency response, dated October 7, 2022 (“Fifth Amended Agreement”); and
WHEREAS, Riverside and Corona entered a sixth amended version of the Aviation Program Agreement in order to provide as-needed emergency response only for $120,000 per year, dated September 21, 2023 (“Sixth Amended Agreement”); and
WHEREAS, Riverside and Corona now desire to enter into a seventh amended version of the Aviation Program Agreement in order to update the cost of services in “Exhibit A”, and with everything else in the prior agreement to remain the same.

NOW, THEREFORE, Riverside and Corona agree to develop an "Aviation Program" as follows:

Page 220 of 484 ends

CA#15-0723.7 RG/ta 08/24 2

1. Obligations of Riverside: Riverside agrees to make available the aircraft to Corona for as-needed emergency police response functions, as further provided for herein. In addition, Riverside shall provide full-time salaried police officers (hereinafter "Riverside Pilots") to pilot the aircraft. Riverside shall be responsible for payment of all of the Riverside Pilots' wages and benefits as employees of the City of Riverside, and shall comply with all requirements pertaining to employer's liability, worker's compensation, unemployment insurance, and social security.

Riverside shall be responsible for all maintenance or repairs to the aircraft. The only exception to this would be if the repairs required were caused by negligence on behalf of the Corona's agents or employees and covered under the indemnification provisions of Section 3 below.

2. Obligations of Corona: For the Term of this Agreement, Corona shall pay to Riverside One Hundred Twenty Thousand Dollars ($120,000.00) ("Riverside Compensation"). The Riverside Compensation shall be due and payable in two (2) equal installments each year on July 15, 2024, and January 15, 2025.

3. Reciprocal Indemnification and Hold Harmless Provisions: Riverside agrees to indemnify and hold harmless Corona, its elected and appointed officers, employees and agents from and against any damage or injury to persons, including death, and /or property due to the negligence or willful acts by Riverside, their elected and appointed officers, employees and agents in performing its duties and obligations, pursuant to this Agreement.

Corona agrees to indemnify and hold harmless Riverside, its elected and appointed officers, employees and agents from and against any damage or injury to persons, including death, and/or property due to the negligence or willful acts by Corona, their elected and appointed officers, employees and agents in performing its duties and obligations, pursuant to this Agreement.

4. Program Mission: The mission of the Aviation Program established by this Agreement shall be to provide police air support services for the Corona Police Department. Such services shall include, but are not limited to, response to emergency calls for surveillance relating to in-progress felonies, crimes against persons and property, vehicle pursuits and similar activities.

The Aviation Program will be based upon a scheduled seven (7) day availability per week basis, for day and night operations.

The City of Corona will be added into the City of Riverside's area of operation and will be patrolled as-needed during scheduled flights ("As-Needed Flight Patrol"). As used herein, "AsNeeded Flight Patrol" shall mean requests made by Corona, either through its command staff or dispatch, that Riverside determines in its sole and reasonable discretion can be accommodated.

5. Compensation: Riverside cannot guarantee an annual base number of flight hours in the City of Corona. Any specific, dedicated hours of flight time requested by Corona outside of the As-Needed Flight Patrol will be billed at the "Hourly Flight Rate" for that year provided for in Exhibit "A" attached hereto and incorporated herein by reference. Flight time will be billed in full hour increments, so any flight time of less than one hour will be rounded up to one hour. Riverside will track flight hours within the City of Corona in the same manner in which it tracks flight hours for

Page 221 of 484 ends

CA#15-0723.7 RG/ta 08/24 3
other cost reimbursement purposes and shall provide a total of the flight hours to Corona on a quarterly basis. Riverside will fulfill the amount of flight time indicated in Exhibit “A,” plus or minus seven (7) percent of the hours indicated, without any breach of contract.

On such occasions where there is a request or need for air support in the jurisdiction of both Parties simultaneously, the mission of the Aviation Program is to provide air support to the Party with the highest priority (nature) of call. Said determination as to which Party shall receive air support shall lie within the sole discretion of the Pilot in Command.

6. Term: The term of this Agreement shall be for a period of one (1) year from July 1, 2024, through June 30, 2025, unless earlier terminated as provided for herein ("Term").

7. Termination; Reimbursement: At any time during the Term of this Agreement, either Party hereto shall have the right to terminate this Agreement, with or without cause, upon thirty (30) days written notice to the other Party. The effective date of such termination shall be the thirty-first (31st) day following the date of the notice of termination. If the Agreement is terminated before the natural expiration of the Term, Corona shall be entitled to a reimbursement of a pro-rated amount of the Riverside Compensation. The pro-rated amount shall be equivalent to the number of months remaining prior to natural expiration of the Term divided by twelve (12), multiplied by the Riverside Compensation.

8. General Provisions:

8.1 Entire Agreement; Amendments. This Agreement sets forth the entire understanding of the Parties and supersedes all prior agreements covering the same subject matter, including the Original Agreement, the First Amended Agreement, the Second Amended Agreement, Third Amended Agreement, Fourth Amended Agreement, and Fifth Amended Agreement. This Agreement may be amended only by a written instrument duly approved by both Parties and executed by their authorized representatives.

8.2 Successors and Assigns. This Agreement shall be binding upon the successors and assigns of the Parties.

8.3 Representatives. Corona and Riverside hereby designate their respective Police Chiefs, or their designees, to act as their representatives for the performance of this Agreement.

Each representative shall have the power to act on behalf of their respective Party in order to implement the purposes under this Agreement.

8.4 Attorney Fees. If either Party commences an action against the other Party arising out of or in connection with this Agreement, the prevailing Party in such action shall be entitled to have and recover from the non-prevailing Party (or the Party found to have breached this Agreement) reasonable attorneys' fees and costs.

8.5 Authority to Approve and Implement. The Parties have all requisite power and authority to execute, deliver, and perform the Agreement. The Parties warrant that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

Page 222 of 484 ends

CA#15-0723.7 RG/ta 08/24 4

8.6 Third Party Rights. Corona and Riverside agree that the provisions of this Agreement are not intended to create or clarify any rights in third parties not a party to this Agreement.

In addition, no third party shall have any right of action hereunder. This Agreement shall not be enforceable by any parties other than Corona and Riverside.

8.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Any action to interpret or enforce this Agreement shall be maintained in Riverside County.

8.8 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

8.9 Privileges and Immunities. All privileges and immunities of Corona and Riverside provided by state or federal law shall remain in full force and effect.

8.10 Notices. Any notice required by this Agreement, or correspondence concerning this Agreement, shall be deemed to have been properly delivered, served, or given for all purposes when personally delivered to the Party to whom it is directed to, or in lieu of such personal service, when mailed, postage prepaid, to the representatives of the Parties shown below:

CITY OF CORONA
Attn: Police Chief
Corona Police Department
730 Corporation Yard Way
Corona, CA 92880

CITY OF RIVERSIDE
Attn: Police Chief
Riverside Police Department
4102 Orange Street
Riverside, CA 9250 I
Any Party may change its address for purposes of this paragraph by giving written notice of such change in the manner prescribed by this paragraph. [SIGNATURES ON NEXT PAGE]

Page 223 of 484 ends

5 CA#15-0723.7 RG/ta 08/24

SIGNATURE PAGE FOR

SEVENTH AMENDED

AVIATION PROGRAM AGREEMENT

BETWEEN THE CITY OF RIVERSIDE

AND THE CITY OF CORONA

CITY OF RIVERSIDE CITY OF CORONA
By: _______________________ By: _______________________ City Manager Jacob Ellis
City Manager

ATTEST: ATTEST:

By: _______________________ By: _______________________ Donesia Gause Sylvia Edwards
City Clerk City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:

By: _______________________ By: _______________________ Rahman Gerren Dean Derleth
Senior Deputy City Attorney City Attorney

Page 224 of 484 ends

6 CA#15-0723.7 RG/ta 08/24
EXHIBIT “A” – COST OF SERVICES
July 1, 2024 - June 30, 2025
Riverside Compensation: $120,000.00
Annual Base Flight Hours: 70 Hours
Hourly Flight Rate: $1,713
Average # Flight hours/month: 5.8

Page 225 of 484 ends

DATE: 09/04/2024
TO: Honorable Mayor and City Council Members
FROM: Legal and Risk Management Department
2024-13

REQUEST FOR CITY COUNCIL ACTION
SUBJECT:

RESOLUTION NO. 2024-092 RE COMMERCIAL CANNABIS REGULATIONS TO

RETROACTIVELY EXTEND THE STOREFRONT RETAIL MERIT-BASED FINAL RANKING

LIST AND TO MAINTAIN THE FORMULA FOR THE MAXIMUM NUMBER OF STOREFRONT RETAIL PERMITS AT 1 PER 15,000 RESIDENTS
EXECUTIVE SUMMARY:

This staff report asks the City Council to consider adopting attached Resolution No. 2024- 092 to: (1) retroactively extend the storefront retail merit-based final ranking list; and (2) maintain the formula for the maximum number of commercial cannabis permits available for storefront retailers and storefront retail microbusinesses at 1 per 15,000 residents.

Notably, based upon the fact that the Department of Finance’s estimated population for the City of Corona has dropped from 168,248 in 2020 to 156,615 in 2024, the maximum number has been reduced to 11 permits.

RECOMMENDED ACTION:

That the City Council adopt attached Resolution No. 2024-092 to: (1) retroactively extend the storefront retail merit-based final ranking list until terminated by the City Council; and (2) maintain the formula for the maximum number of commercial cannabis permits

Page 226 of 484 ends

available for storefront retailers and storefront retail microbusinesses at 1 per 15,000 residents.

BACKGROUND & HISTORY:

A. State Law
In 2016, voters approved Proposition 64, titled the Adult Use of Marijuana Act (the "AUMA") and enacted a state statutory scheme legalizing, controlling, and regulating the cultivation, processing, manufacturing, distribution, testing, and sale of nonmedical ("adult- use" or “recreational”) cannabis, including cannabis, products, for use by adults twenty-one (21) years of age and older. In 2017, the Medical and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) was signed into law, which provides a comprehensive regulatory framework for licensing, control, and taxation of medical and adult-use cannabis-related businesses in California.

B. City Rules and Regulations
In 2020, the City Council first adopted Ordinance 3321 to amend Chapter 5.36 of the Corona Municipal Code (“CMC”) to permit and regulate commercial cannabis businesses in the City. The City Council has also established certain Rules and Regulations for Commercial Cannabis Businesses by its adoption of various resolutions since 2020 (“Cannabis Rules & Regs”).

Through its adoption of CMC 5.36 and the Cannabis Rules & Regs, City Council has established a strong and effective regulatory system with regard to cannabis businesses that, among other things as noted in those documents, seeks to: (1) protect the public health, safety and environmental resources; (2) provide a consistent regulatory pathway for the cannabis industry, consistent with state regulations; (3) foster a healthy, diverse and economically viable cannabis industry that contributes to the local economy; and (4) ensure that environmental, public health, safety and nuisance factors related to the cannabis industry are adequately addressed.

C. Storefront Businesses

1. Impacts and Community Benefits
We are all aware that both community benefits and potential adverse impacts may result from the operation of commercial cannabis businesses in the City. Thus, the Cannabis Rules & Regs have been specifically designed to help ensure that all such adverse impacts are adequately mitigated and offset by the potential community benefits those businesses can provide to the City and its residents. Moreover, since storefront retailers and storefront retail microbusinesses are particularly prone to result in potential adverse impacts to the community, such businesses have been asked to specifically commit to providing particular community benefits of their choosing to help ensure that their impacts are adequately mitigated and offset.

Page 227 of 484 ends

2. Merit-Based Selection Process
Because the City was aware that the interest in obtaining storefront retailer and storefront retail microbusiness permits would significantly exceed the maximum number of such permits allowed by the City (originally 12), the City Council established a merit-based selection process. Pursuant to this process, each application was scored and the 47 applicants were listed on a “final ranking” form in order of most points to least points (#1 had 653 points and #47 had 483 points). Those applications with higher scores were provided an opportunity to obtain their permits first, starting with #1 and proceeding one at a time until all allowed permits were issued or until the “final ranking” expired.

3. Expiration of Merit-Based Final Ranking & Current Next Steps The “final ranking” of applicants pursuant the merit-based process was posted on or about March 17, 2022. Pursuant to Section IV(B)(4) of the adopted Cannabis Rules & Regs, the merit-based “final ranking” of the storefront retailers and storefront retail microbusinesses expired twenty-four (24) months from the date it was posted on the City’s website. Accordingly, the “final ranking” expired on or about March 17, 2024 (“Final Ranking Expiration Date”).

Following the Final Ranking Expiration Date, the Cannabis Rules & Regs provide as follows:
“If, prior to expiration of the final ranking, the maximum number of commercial cannabis permits that are available for issuance to retailers and storefront retail microbusinesses within the City pursuant to CMC §

5.36.060 have not yet been approved and issued pursuant to Section VI, the City Manager shall designate a new application period pursuant to Section III(A) and a new application submittal and review process shall commence subject to the provisions set forth herein.” (Emphasis added.)

4. Maximum Number of Permits & Permits Issued Prior to Expiration CMC 5.36.060(A)(1)(a) set the maximum number of permits for storefront retailers and storefront retail microbusinesses as follows:
“The maximum shall be calculated using a formula of one storefront retailer and/or storefront retail microbusiness per 15,000 city residents, as determined by the California Department of Finance and set forth in the E1 report, rounded-up to the next whole number, or as established by City Council resolution pursuant to § 5.36.060(E) ("Storefront Maximum Number"). As of the date of adoption of the ordinance establishing this section in 2020, the storefront maximum number is 12.” (Emphasis added)

Page 228 of 484 ends

The maximum number was set at 12 because the City’s estimated population, as published by the Department of Finance for the year 2020, was 168,248 (168,248 ÷ 15,000 = 11.21; rounded up to 12).

Prior to the Final Ranking Expiration Date, the City had issued eight (8) commercial cannabis permits for storefront retailers and/or storefront retail microbusiness.

D. August 21, 2024 City Council Direction
Following a staff presentation, community questions and input, and Council discussion at its August 21, 2024 meeting, the City Council directed staff to bring back a revised resolution to take the following actions:
(1) Final Ranking List. Retroactively extend the storefront retail merit-based final ranking list until the City Council decides that it should be terminated and therefore provides at least one-hundred and eighty (180) calendar days’ notice of its termination date; and
(2) Maximum Permits. Maintain the formula for the maximum number of commercial cannabis permits available for storefront retailers and storefront retail microbusinesses at 1 per 15,000 residents.

ANALYSIS:

A. Reso 2024-092 – Retroactive Extension of Storefront Retail Final Ranking List Since the maximum permitted number of commercial cannabis permits had not yet been issued before the Final Ranking Expiration Date, a new application period was to be set and a new merit-based selection process was to begin for storefront retailers and storefront retail microbusinesses. However, the City Council believes that not enough time has passed to diminish the value of the original merit-based selection process, particularly given the money, time and resources that applicants and the City invested into the process. Accordingly, the City Council has directed staff to prepare a resolution to retroactively extend the Final Ranking Expiration Date, so that the existing list can remain in place until the City Council determines that it should be terminated. The City can then continue to monitor the market and the value of the original merit-based selection process.

Accordingly, attached Resolution No. 2024-092 will revise Section IV(B)(5)(d) of the Cannabis Rules & Regs to read as follows:
“Expiration of Ranking. The final ranking shall not expire unless and until the City Council, in its sole and absolute discretion, determines that it should expire. If the City Council determines that the final ranking will expire on a date certain, the City shall, at least one hundred and eighty (180) calendar days prior to the determined expiration date, take the following actions: (i)

Page 229 of 484 ends

post on its website written notice of the expiration date; and (2) deliver written notice of the expiration date to all applicants on the final ranking, either personally or by first class mail sent to each applicant’s address as listed on their application.”
B. Reso 2024-092 – Maintain Current Formula for the Maximum the Number of Storefront Retail Permits
As discussed above, CMC 5.36.060(A)(1)(a) states that the maximum number of available storefront retail permits is calculated using a formula of 1 per 15,000 city residents, as determined by the California Department of Finance and set forth in the E1 report, rounded-up to the next whole number. In 2020, that calculation resulted in a maximum number of 12 permits.

Since only eight (8) commercial cannabis permits have been issued for storefront retailers and storefront retail microbusinesses, the maximum number of permits has not been reached. While CMC Sections 5.36.060 (D) & (E) give the City Council the authority to decrease the maximum number of storefront retail permits, at the August 21, 2024 meeting the City Council directed staff to maintain the formula for the maximum number to be calculated (i.e. 1 per 15,000 residents).

1. Department of Finance Population Estimate Has Decreased What was not known at the August 21, 2024 City Council meeting is that the Department of Finance’s population estimate for the City has decreased somewhat significantly since 2020:

DEPT OF FINANCE POPULATION ESTIMATE
2020 = 168,248
2021 = 169,454
2022 = 156,778
2023 = 157,005
2024 = 156,615
Accordingly, using the 2024 population estimate, the maximum number of permits is now 11 (156,615 ÷ 15,000 = 10.44; rounded up to 11).

Adoption of the attached Resolution No. 2024-092 will take the following action (see Exhibit “A” to Reso 2024-092):

Maintain the Formula for the Maximum Number
Provided for in CMC 5.36.060(A) (Currently 11)
FINANCIAL IMPACT:

Page 230 of 484 ends

It is unknown if any of the actions discussed herein will have any direct financial impact on the City. For instance, while reducing the number of storefront retail cannabis businesses could be seen as reducing possible sales tax collections, it is also possible that a larger number of businesses only spreads out the same amount of sales tax collections.

ENVIRONMENTAL ANALYSIS:

This action is exempt pursuant to Section 15061(b)(3) of the Guidelines for the California Environmental Quality Act (CEQA), which states that a project is exempt from CEQA if the activity is covered by the common sense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. This action asks that the City Council provide direction on whether to make changes to the commercial cannabis program will not have a significant effect on the environment.

Therefore, no environmental analysis is required.

PREPARED BY: Dean Derleth, City Attorney/LRM Director
REVIEWED BY: Dean Derleth, City Attorney/LRM Director
ATTACHMENTS:

1. Exhibit 1 – Resolution No. 2024-092 (Redline)

2. Exhibit 2 – Resolution No. 2024-092 (Clean)

Page 231 of 484 ends

DEAND\05000.20009\10298958.3
RESOLUTION NO. 2024-092

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CORONA, CALIFORNIA, TAKING THE FOLLOWING
ACTIONS: (1) CONSIDERING WHETHER TO

DECREASEMAINTAINING THE CURRENT FORMULA

FOR THE MAXIMUM NUMBER OF COMMERCIAL

CANNABIS PERMITS AVAILABLE FOR STOREFRONT

RETAILERS AND/OR STOREFRONT RETAIL
MICROBUSINESS; (2) APPROVING RULES AND

REGULATIONS FOR PERMITTING COMMERICAL

CANNABIS BUSINESSES TO RETROACTIVELY EXTEND

THE EXPIRATION OF THE MERIT-BASED FINAL
RANKING LIST; AND (3) REPEALING RESOLUTION NO.
2021-022.

WHEREAS, Article XI, § 7 of the California Constitution authorizes cities to make and enforce within their jurisdictional limits ordinances and regulations not in conflict with general laws to protect and promote the public health, safety, and welfare of its citizens; and WHEREAS, on November 8, 2016, California voters approved Proposition 64, titled the Adult Use of Marijuana Act (the "AUMA") and enacted a state statutory scheme legalizing, controlling, and regulating the cultivation, processing, manufacturing, distribution, testing, and sale of nonmedical ("adult- use" or “recreational”) cannabis, including cannabis, products, for use by adults twenty- one ( 21) years of age and older; and WHEREAS, on June 27, 2017, the Medical and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”) was signed into law, which provides a comprehensive regulatory framework for licensing, control, and taxation of medical and adult-use cannabis-related businesses in California; and
WHEREAS, the City Council of the City of Corona (“City Council”) desires to establish a strong and effective regulatory system with regard to cannabis businesses that protects the public health, safety and environmental resources, provides a consistent regulatory pathway for the cannabis industry consistent with state regulations, fosters a healthy, diverse and economically viable cannabis industry that contributes to the local economy, and ensures that environmental, public health, safety and nuisance factors related to the cannabis industry are adequately addressed; and
WHEREAS, the City Council further desires to implement reasonable regulations that are intended to address the secondary negative impacts to the City and its resources, including, nuisance impacts and criminal impacts that may result from the operation of commercial cannabis businesses in the City and to ensure that the effects such impacts may have on the health, safety REDLINE (09-04-24)

Page 232 of 484 ends

2 DEAND\05000.20009\10298958.3
and welfare of businesses and residents within the City, especially residents of particularly vulnerable populations, including children and senior citizens, are mitigated to the greatest extent possible; and
WHEREAS, the City Council is aware that both community benefits and potential adverse impacts may result from the operation of commercial cannabis businesses in the City, and therefore desires to: (1) help ensure that all such adverse impacts are adequately mitigated and offset by the potential community benefits those businesses can provide to the City and its residents and; to help provide sufficient code enforcement and law enforcement resources to address such adverse impacts and to ensure compliance with all applicable laws and regulations; and WHEREAS, the City Council is also aware that storefront retailers and storefront retail microbusinesses are particularly prone to result in potential adverse impacts to the community, and thus such businesses will be asked to specifically commit to providing particular community benefits of their choosing to help ensure that their impacts are adequately mitigated and offset; and
WHEREAS, in furtherance of these goals, the City Council adopted Chapters 5.36 (Commercial Cannabis) and 9.19 (Cannabis Businesses and Activities) of the Corona Municipal Code (“CMC”) to establish development standards and permitting requirements to allow certain types of commercial cannabis businesses (storefront retail, non-storefront retail, manufacturing, distribution, testing laboratories, and microbusinesses) within the City’s industrial zones (M-1, M2, M-3 and M-4 zones); and WHEREAS, pursuant to CMC §5.36.040(A)(1), the City Council is required to adopt, by resolution, rules and regulations for permitting commercial cannabis businesses; and WHEREAS, on October 7, 2020, the City Council adopted Resolution No. 2020- 126 establishing rules and regulations to govern the permitting of commercial cannabis businesses; and
WHEREAS, on March 17, 2021, the City Council adopted Resolution No. 2021- 015 amending the rules and regulations for the permitting of commercial cannabis businesses and repealing Resolution No. 2020-126; and
WHEREAS, on April 1, 2021, the City Council adopted Resolution No. 2021-022 to amend the rules and regulations adopted pursuant to Resolution No. 2021-015 to clarify the process for scoring and ranking applications for storefront retailers and storefront retail microbusinesses during the merit-based evaluation process; and WHEREAS, pursuant to Section IV(B)(4) of the adopted rules and regulations, the merit-based “final ranking” of the storefront retailers and storefront retail microbusinesses expired twenty-four (24) months from the date it was posted on the City’s website (i.e. March 17, 2022), thus the final ranking expired on or about March 17, 2024 (“Final Ranking Expiration Date”); and REDLINE (09-04-24)

Page 233 of 484 ends

3 DEAND\05000.20009\10298958.3
WHEREAS, prior to the Final Ranking Expiration Date, the City had issued eight (8) commercial cannabis permits for storefront retailers and/or storefront retail microbusiness; and WHEREAS, since the maximum permitted number of commercial cannabis permits had not yet been issued before the expiration of the final rankingFinal Ranking Expiration Date, a new application period was to be set and a new merit-based selection process was to begin for storefront retailers and storefront retail microbusinesses; and WHEREAS, the City Council now desires to amend the rules and regulations adopted pursuant to Resolution No. 2021-022 to retroactively extend the Final Ranking Expiration Date eliminate the merit-based evaluation process for storefront retailers and storefront retail microbusinesses; and
WHEREAS, Subsection (A) (Maximum Number) of CMC 5.36.060 (City Permit - Maximum Number and Types) set the formula for the maximum number of permits for storefront retailers and/or storefront retail microbusinesses at one (1) per 15,000 city residents, as determined by the California Department of Finance and set forth in their E-1 report, rounded-up to the next whole number; and
WHEREAS, accordingly, the maximum number of commercial cannabis permits for storefront retailers and/or storefront retail microbusiness is currentlywas originally set at twelve (12), based upon the Department of Finance’s 2020 population estimate for Corona of 168,248; and
WHEREAS, Subsections (D) (Increase or Decrease of Maximum Number) and (E) (Resolution Required) of CMC 5.36.060 (City Permit - Maximum Number and Types) provide that the City Council may at any time, by Resolution, consider whether to decrease the maximum number of commercial cannabis permits available for issuance within the city for any or all types of commercial cannabis activities; and
WHEREAS, the City Council now desires to after considering whether to decrease the maximum number of commercial cannabis permits available for storefront retailers and/or storefront retail microbusiness, the City Council now desires to maintain the formula for the maximum number of permits at one (1) per 15,000 city residents; and WHEREAS, since the Department of Finance’s 2024 population estimate for Corona is 156,615, the maximum number of commercial cannabis permits available for storefront retailers and/or storefront retail microbusiness is now eleven (11); and WHEREAS, the City Council also desires to make a few non-substantive clarification revisions to the rules and regulations, as well as eliminate the provisions relating to the “Operating Fee” since it no longer exists; t and
REDLINE (09-04-24)

Page 234 of 484 ends

4 DEAND\05000.20009\10298958.3
WHEREAS, the City Council intends for this Resolution to supersede and replace Resolution No. 2021-022; and
WHEREAS, in connection with the adoption of Ordinance No. 3321, the City Council approved a Negative Declaration (“Neg Dec”), which was prepared pursuant to California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”), the State CEQA Guidelines and the City of Corona Local CEQA Guidelines and which included an analysis of the environmental impacts of the rules and regulations set forth in this Resolution. The Negative Declaration indicated that all potential environmental impacts from the adoption of such rules and regulations were less than significant.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CORONA, CALIFORNIA, AS FOLLOWS:

SECTION 1. CEQA Findings. As the decision-making body for this Resolution, the City Council has reviewed and considered the information contained in the Neg Dec, the initial study and the administrative record for this Resolution, including all written and oral evidence provided to the City Council. Based upon the facts and information contained in the Neg Dec, the initial study and the administrative record, including all written and oral evidence presented to the City Council, the City Council finds that the approval of this Resolution is consistent with and in furtherance of the Neg Dec because this Resolution implements the requirements of Chapter 5.36 and makes minor amendments to the application and permitting process. The City Council further finds, on the basis of substantial evidence in the light of the whole record, that the approval of this Resolution would not have a significant effect on the environment and none of the conditions described in State CEQA Guidelines Section 15162 exist. Therefore, the prior analysis is adequate and no further environmental review is required.

SECTION 2. Maximum Number of Storefront Retail Permits. The Storefront Retailer and/or Storefront Retail Microbusiness Maximum Number of Permits (CMC 5.36.060), attached hereto as Exhibit “A” and incorporated herein by reference, is hereby adopted.

SECTION 3. Adoption of Rules and Regulations. The Rules and Regulations for Permitting Commercial Cannabis Business (CMC Chapter 5.36), attached hereto as Exhibit “B” and incorporated herein by reference, is hereby adopted.

SECTION 4. Repeal of Resolution No. 2021-021. Resolution No. 2021-021 is hereby repealed and of no further force or effect.

SECTION 5. Custodian of Records. The documents and materials that constitute the record of proceedings on which the findings set forth in this Ordinance have been based are located at City of Corona City Hall, 400 S. Vicentia Avenue, Corona, California 92882. The custodian for these records is Joanne Coletta, Community Development Director.

REDLINE (09-04-24)

Page 235 of 484 ends

5 DEAND\05000.20009\10298958.3
SECTION 6. Effective Date. The Mayor shall sign this Resolution and the City Clerk shall attest thereto, and this Resolution shall take effect immediately.

PASSED, APPROVED AND ADOPTED this 4th21st day of SeptemberAugust 2024.
___________________________________
Mayor of the City of Corona, California
ATTEST:
____________________________________
City Clerk of the City of Corona, California

REDLINE (09-04-24)

Page 236 of 484 ends

6 DEAND\05000.20009\10298958.3

CERTIFICATION
I, Sylvia Edwards, Clerk of the City of Corona, California, do hereby certify that the foregoing Resolution was regularly passed and adopted by the City Council of the City of Corona, California, at a regular meeting thereof held on the 4th21st day of SeptemberAugust 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAINED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 4th 21st day of SeptemberAugust 2024.

_______________________________________
City Clerk of the City of Corona, California
(SEAL)

REDLINE (09-04-24)

Page 237 of 484 ends

7 DEAND\05000.20009\10298958.3
EXHIBIT “A”
TO
RESOLUTION NO. 2024-092

STOREFRONT RETAILER AND/OR STOREFRONT RETAIL MICROBUSINESS

MAXIMUM NUMBER OF PERMITS
(CMC 5.36.060)

1. Current Maximum Number of Permits. Pursuant to Subsection (A) (Maximum Number) of CMC 5.36.060 (City Permit - Maximum Number and Types), the maximum number of permits for storefront retailers and/or storefront retail microbusinesses is set by the formula of one (1) per 15,000 city residents, rounded-up to the next whole number (currently originally 12).

2. City Council Authority to Decrease. Subsections (D) (Increase or Decrease of Maximum Number) and (E) (Resolution Required) of CMC 5.36.060 (City Permit - Maximum Number and Types) provide that the City Council may at any time, by Resolution, consider whether to decrease the maximum number of commercial cannabis permits available for storefront retailers and/or storefront retail microbusiness.

3. City Council Determination as of August 21September 4, 2024. As of August 21September 4, 2024, the City Council hereby determines to take the following action with respect to the maximum number of commercial cannabis permits available for storefront retailers and/or storefront retail microbusiness:

Maintain the Formula for the Maximum Number
Provided for in CMC 5.36.060(A)
OR
Set the Maximum Number at [INSERT NUMBER]

4. Current Maximum is 11. The maximum number of commercial cannabipermits available for storefront retailers and/or storefront retail microbusiness is now eleven (11), since the Department of Finance’s 2024 population estimate for Corona is 156,615.

REDLINE (09-04-24)

Page 238 of 484 ends

8 DEAND\05000.20009\10298958.3
EXHIBIT “B”
TO
RESOLUTION NO. 2024-092

RULES AND REGULATIONS
FOR

PERMITTING COMMERCIAL CANNABIS BUSINESSES
(CMC § 5.36)

TABLE OF CONTENTS
(MAJOR SECTIONS)
I. PURPOSE.

II. AUTHORITY AND SCOPE; DEFINITIONS.

III. COMMERCIAL CANNABIS PERMIT APPLICATION
FOR ALL COMMERCIAL CANNABIS BUSINESSES.

A. Application Period.

B. Application Packet.

C. Application Fees.

D. Number of Applications.

E. Application Requirements.

IV. PHASE I OF APPLICATION REVIEW – PRELIMINARY APPROVAL.

A. Review Standard & Period.

B. Preliminary Approval – Storefront Retailers and Storefront Retail Microbusinesses.

C. Preliminary Approval – Non-Storefront Retailers, Manufacturers, Distributors, Testing Laboratories and Microbusinesses Other than Storefront Retail Microbusinesses..

V. PHASE II OF APPLICATION REVIEW – PROVISIONAL APPROVAL.

A. Provisional Approval – Storefront Retailers and Storefront Retail Microbusinesses.

B. Provisional Approval – Non-Storefront Retailers, Manufacturers, Distributors, Testing Laboratories and Microbusinesses Other than Storefront Retail Microbusinesses.

C. Commercial Cannabis Operational Agreement.

VI. PHASE III OF APPLICATION REVIEW – FINAL APPROVAL.

A. Conditions of Final Approval – All Permits.

B. Steps Following Forfeiture – Storefront Retailers and Storefront Retail Microbusinesses.

ATTACHMENT “A” Storefront Retail Merit-Based Evaluation Criteria.

REDLINE (09-04-24)

Page 239 of 484 ends

9 DEAND\05000.20009\10298958.3
I. PURPOSE.

The purpose of these Rules and Regulations is to establish the procedures and requirements for the submittal of applications for, and the issuance of, commercial cannabis permits authorized by Chapter 5.36 of the Corona Municipal Code (“CMC”).

II. AUTHORITY AND SCOPE; DEFINITIONS.

These Rules and Regulations are authorized to be adopted pursuant to CMC § 5.36.040, and are intended to clarify and facilitate implementation of CMC Chapter 5.36. These Rules and Regulations shall apply to all applications for commercial cannabis permits submitted for commercial cannabis activities pursuant to CMC Chapter 5.36. To the extent of any conflict between these Rules and Regulations and CMC Chapter 5.36, the terms of CMC Chapter 5.36 shall govern. Unless the context otherwise clearly indicates, the terms used herein shall have the same meaning as defined in CMC § 5.36.020. For clarification, the use of the term “application” in these Rules and Regulations shall not be construed in a technical sense to mean the paper application required pursuant to Section III(E) of these Rules and Regulations, but rather is intended to include any and all documentation, information, or submittals provided by an applicant for a commercial cannabis permit, including, without limitation, statements or presentations made during the interview, if applicable.

III. COMMERCIAL CANNABIS PERMIT APPLICATION
FOR ALL COMMERCIAL CANNABIS BUSINESSES.

A. Application Period.

1. Storefront Retailers and Storefront Retail Microbusinesses. The City Manager will designate the application period for the submittal of applications for commercial cannabis permits for retailers and storefront retail microbusinesses. Notice of the application period dates shall be posted on the City’s website no less than fourteen (14) calendar days prior to the start of the application period. The application period will run for thirty (30) consecutive calendar days. The City Manager, in his/her sole discretion, may extend the length of the application period on terms he/she specifies. Notice and terms for any such extension will be posted on the City website.

Applications for commercial cannabis permits for storefront retailers and storefront retail microbusinesses will only be accepted during the application period established by the City Manager. Late applications will be disqualified from consideration.

2. Non-Storefront Retailers, Manufacturers, Distributors, Testing Laboratories and Microbusinesses Other than Storefront Retail Microbusinesses. Applications for commercial cannabis permits for non-storefront retailers, manufacturing, distribution, testing laboratories and microbusiness other than storefront retail microbusinesses may be submitted at any time or upon which time, so long as the City provideshas not provided written notice on the City’s website that it will no longer be accepting applications.

REDLINE (09-04-24)

Page 240 of 484 ends

10 DEAND\05000.20009\10298958.3
B. Application Packet.

As further described in Sections III(C) and III(E) below, the following are the submittal items that an applicant seeking to obtain a commercial cannabis permit to operate a commercial cannabis business within the City is required to submit. In order for an application packet to be deemed complete, all items listed below must be submitted to the City Manager. Application packets shall be no greater than 75 pages of text (single-sided) and 25 pages of images for a total of 100 pages.

1. Application Form. Section III(E)(1) below.

2. Premises Information. Section III(E)(2) below.

3. Business Plan. Section III(E)(3) below.

4. Operations Plan. Section III(E)(4) below.

5. Security Plan. Section III(E)(5) below.

6. Site/Floor Plan. Section III(E)(6) below.

7. Merit-Based Information (If Applicable). Section III(E)(7) below.

8. Live Scan/Background Checks. Section III(E)(8) below.

9. Additional Information. Section III(E)(9) below.

10. Application Fees. See Section III(C) below.

C. Application Fees.

All City fees related to an application for a commercial cannabis permit shall be as established by resolution of the City Council.

D. Number of Applications.

There is no limit to the number of applications an applicant may submit for a commercial cannabis permit. However, except as otherwise provided in CMC § 5.36.060, no more than one (1) commercial cannabis permit will be issued to any person who is the owner of or has a financial interest in a retail commercial cannabis business or storefront retail microbusiness commercial cannabis business within the City.

REDLINE (09-04-24)

Page 241 of 484 ends

11 DEAND\05000.20009\10298958.3
E. Application Requirements.

1. Application Form. The City Manager shall provide an application form for commercial cannabis permits. The application shall be completed and signed by the owner(s) of the commercial cannabis business. The completed application must include at least the following:
a. Applicant Information. The applicant’s name, address, telephone number and e-mail address. For applicants who are individuals, the applicant shall provide both the first and last name of the individual. For applicants that are business entities, the applicant shall provide the legal name of the business entity and, if applicable, the business trade name (i.e., DBA) of the applicant.
b. Owner, Officer and Manager Information. The name, address, telephone number, e-mail address and age of all owners, officers and managers and the percentage of ownership interest or other financial interest, if any, held by each owner, officer or manager. The applicant shall include documentation validating the identity and age of all owners, officers and managers. If the ownership is a publicly traded company then the applicant shall provide the names of any person who is an executive board member and any person who holds an ownership interest or other financial interest of at least ten percent (10%).

c. Contact Information. Contact information for the applicant’s designated primary contact person including the name, title, address, phone number, and email address of the individual.
d. Business Entity Status. If any applicant or owner is a business entity or any other form of entity, the entity’s legal status, formation documents (articles of incorporation, operating agreements, partnership agreements, and fictitious business name statements), and proof of registration with, or a certificate of good standing from, the California Secretary of State, as applicable.
e. Cannabis Activity. The type of commercial cannabis permit the applicant is applying for and whether the proposed commercial cannabis business will involve medicinal cannabis requiring a M-License and/or adult use requiring an A-License. f. Cannabis Activity Experience. A description of any and all commercial cannabis activity that the applicant and all owners, officers, and managers of the commercial cannabis business have engaged in as an owner, manager, lender, employee, or agent over the previous five (5) years, including, but not limited to, the location of such activity and a copy of any permits, licenses, or other written forms of permission for such activity by a local or state government entity. The applicant shall include a list of the license types and the license numbers issued from the State of California and all other out-of-state or local licensing authorities that the applicant holds, including the date the license was issued and the licensing authority that issued the license, permit or other authorization.

REDLINE (09-04-24)

Page 242 of 484 ends

12 DEAND\05000.20009\10298958.3
g Cannabis Activity Denials, Suspensions or Revocations. Whether the applicant or any owner, officer, or manager of the commercial cannabis business has, within the previous five (5) years, been denied the right to conduct any commercial cannabis activity in any jurisdiction and/or whether such person’s authorization to conduct any commercial cannabis activity in any jurisdiction has been suspended or revoked. The applicant shall provide the type of license or permit applied for, the name of the licensing/permitting authority that denied, suspended or revoked the application, the date of denial, suspension, or revocation, the length of suspension, if applicable, and the basis of the denial, suspension, or revocation. h. Criminal Convictions. Whether the applicant or any owner, officer, or manager of the commercial cannabis business has been convicted of any of the following charges:
(i) Any felony offense within the previous 10 years.
(ii) A crime involving the use of money to engage in criminal activity within the previous 10 years.
(iii) Unlawful possession or use of a firearm within the previous 10 years.
(iv) Drug-related misdemeanor (other than cannabis) within the previous 3 years.
i. State Law Compliance. As much as possible, a detailed description of how the applicant will meet the requirements of the state cannabis laws, including, but not limited to, track-and-trace, inventory, returns, destruction of products, waste management, environmental sustainability, records retention, and operational requirements. j. Insurance Compliance. Evidence that applicant has or will be able to obtain and maintain the following amounts and types of insurance, as required by CMC § 5.36.170:
(i) Commercial General Liability with a limit of $1,000,000 per occurrence/aggregate. Such insurance policy shall name the City and its directors, officials, officers, employees, agents, and volunteers as additional insureds by endorsement with respect to the operation of the commercial cannabis business and compliance with Chapter 5.36, the state cannabis laws or any other applicable law.
(ii) Commercial/Business Automobile Liability with coverage for “any auto” and a limit of $1,000,000 per accident for bodily and property damage. (iii) Workers’ Compensation with limits as required by the Labor Code of the State of California.

REDLINE (09-04-24)

Page 243 of 484 ends

13 DEAND\05000.20009\10298958.3
k. Labor Peace Agreement. An applicant shall attest that it has entered into a labor peace agreement and will abide by the terms of the agreement. For applicants who have not yet entered into a labor peace agreement, the applicant shall provide a notarized statement indicating the applicant will enter into and abide by the terms of a labor peace agreement as soon as reasonably practicable after issuance of a commercial cannabis permit. Once the applicant has entered into the labor peace agreement, the applicant shall provide the City Manager with a copy of the page of the labor peace agreement that contains the signatures of the union representative and the applicant. l. Required State Financial Information. To the extent the City Manager deems such information necessary and requests such information as part of the application process, the applicant shall provide all financial information required by the State of California on the State’s application form.
m. Defense and Indemnification. The applicant shall agree, to the fullest extent permitted by law, to defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of, pertaining to, or incident to the process used by the City in making its decision to issue a commercial cannabis permit or approve the operation of the commercial cannabis business, the operation of the commercial cannabis business or the prosecution of the applicant, permittee, or any permittee representative for violation of federal law or the state cannabis laws, including without limitation the payment of all settlement amounts, expert witness fees and attorney’s fees and other related costs and expenses, as required by CMC § 5.36.220.

2. Premises Information. An application for a commercial cannabis business may be submitted without having secured the legal right to occupy the premises identified in the application (e.g., lease agreement with the premises owner or fee title to the premises); however, the applicant will be required to provide evidence that the applicant has the legal right to occupy and use the premises to operate a commercial cannabis business prior to issuance of a commercial cannabis permit. At a minimum, the applicant shall provide the following information concerning the proposed premises at the time of submittal of an application for a commercial cannabis permit:

a. Address(es). The physical address of the premises where the commercial cannabis activity is proposed to be conducted. Applicants for storefront retailer commercial cannabis permits or storefront retail microbusiness commercial cannabis permits may identify multiple potential premises locations in their application, and are encouraged to identify several potential premises since one or more of the premises identified in the application may no longer be available for occupancy by the applicant depending upon the applicant’s ranking at the conclusion of the merit-based evaluation process. If a storefront retailer or storefront retail microbusiness applicant identifies more than one potential premises, the information required by subsections (b) through (d) below shall be provided for each potential premises.

REDLINE (09-04-24)

Page 244 of 484 ends

14 DEAND\05000.20009\10298958.3
b. Zoning Compliance. Evidence that the premises are located in a zoning district where commercial cannabis businesses are permitted pursuant to Title 17 of the CMC and that the premises satisfy the separation requirements set forth in CMC § 5.36.070. c. Property Owner Information. The name, address, telephone number and email address of the record owner of the premises where the commercial cannabis activity is proposed to be conducted if different than the applicant. If the applicant is the record owner of the premises where the commercial cannabis activity is proposed to be conducted, the applicant shall provide a copy of the title or deed to the premises.
d. Property Owner Affidavit. If the applicant is not the record owner of the premises where the commercial cannabis activity is proposed to be conducted, an affidavit from the record owner of the premises acknowledging that the premises are available for operation by the applicant of the type of commercial cannabis activity described in the applicant’s application.

3. Business Plan. The applicant shall submit a business plan that contains, at a minimum, the following information:
a. Scope of Work. A defined scope of work which describes the planning, construction and implementation efforts needed to conduct all aspects of the proposed commercial cannabis activity at the identified premises.
b. Revenue and Expenses. Estimated revenues and expenses for the first three (3) years of operation.
c. Operation Ability. A demonstrated ability to commence operations within one (1) year of final City approval. The City Manager may grant an extension if the applicant or operator can demonstrate that they were unable to open due to circumstances beyond their control. d. Financial Plan/Budget. A budget for construction, operation, maintenance, compensation for employees, equipment costs, utility costs, and other operational costs. The budget should demonstrate sufficient capital in place to pay startup costs and at least 3 months of operating costs, as well as a description of the sources and uses of funds. e. Funding/Proof of Capitalization. Proof of capitalization, in the form of documentation of cash or other liquid assets on hand, letters of credit or other equivalent assets. f. Supply Agreements. Proof of ability to obtain products necessary to conduct the proposed commercial cannabis activity at the identified premises.

4. Operations Plan. The applicant shall submit an operations plan that contains, at a minimum, the following information:

REDLINE (09-04-24)

Page 245 of 484 ends

15 DEAND\05000.20009\10298958.3
a. Schedule for Opening. A schedule for beginning operations, including planning and completion of any proposed construction and improvements. b. Staffing, Training & Education. A description of staffing levels, employee training, and consumer education.
c. Standard Operating Procedures. A description of standard operating procedures for daily operations, including, but not limited to, mechanisms for ensuring compliance with state and local laws.
d. Air Quality/Odor Control. A description of the ventilation and air purification (odor) control system proposed to be used at the premises.

5. Security Plan. The applicant shall submit a security plan that contains, at a minimum, the following information:
a. Employees. A description of employee roles and responsibilities, including, but not limited to, safety education and theft reduction. b. Security Guards. A description of security guard coverage, duties, protocols and daily procedures and operations.
c. Security Procedures. A detailed description of the proposed security measures for the premises, including, but not limited to, ingress and egress access, perimeter security, product access protocols, product security (at all hours, including during deliveries) and internal security measures.
d. Cash Management. A description of cash handling processes and procedures.
e. Video Camera Surveillance. A description of the video surveillance system proposed for the premises, including camera placement, quality and practices for the maintenance of video surveillance equipment, live feed capability and storage of video footage. f. Alarm System. A description of the alarm system proposed for the premises.

6. Site/Floor Plan. The applicant shall submit a complete and detailed diagram of the proposed premises. The diagram must be to scale. If the proposed premises consist of only a portion of a parcel of property or structure, the diagram must be labeled indicating on which part of the property/structure the proposed premises will be located and how the remaining property/structure is used. If a storefront retailer or storefront retail microbusiness applicant identifies more than one potential premises, the applicant shall provide a separate diagram for each premises identified in the application. The diagram shall include the following:

REDLINE (09-04-24)

Page 246 of 484 ends

16 DEAND\05000.20009\10298958.3
a. Details. All boundaries, dimensions, entrances and exits, interior partitions, walls, rooms, windows, and doorways.
b. Activity Locations. Identification of the principal activity to be conducted in each area of the premises.
c. Limited Access Area. Identification of all limited-access areas.

7. Merit-Based Information (Storefront Retailers & Storefront Retail Microbusinesses). As further explained in Section IV(B)(4) below, applications that are granted application clearance pursuant to Section IV(B)(2) below will advance to the competitive, meritbased evaluation process set forth in Section IV(B)(4). As part of the competitive, merit-based evaluation process, the City reserves the right to review and score applications for storefront retail microbusinesses as a whole and in their entirety, and thus shall not be limited to reviewing only the storefront retailer component of such applications.

8. Live Scan/Background Checks. Applicants shall submit proof that they have submitted a Request for Live Scan Service form (or similar authorized form), have had fingerprints rolled, and have paid all required fees for live scan/background checks for all owners, officers, managers and any proposed employees of the commercial cannabis business. Applicants shall not begin the live scan/background check process earlier than thirty (30) calendar days prior to and no later than fourteen (14) calendar days following submittal of their application form for a commercial cannabis permit; provided, however, that the application shall not be considered complete and subject to review for application clearance until all live scan/background check results have also been received by the City Manager.

9. Additional Information. As provided for in CMC § 5.36.040 and § 5.36.080, applicants shall follow any other rules, regulations, standards, policies and other requirements determined by the City Manager to be necessary to carry out the purposes of this chapter or any rules and regulations adopted by the City Council.

IV. PHASE I OF APPLICATION REVIEW – PRELIMINARY APPROVAL.

A. Review Standard & Period.

1. Standard for Review. Upon receipt of an application packet for a commercial cannabis permit, the City Manager shall review the application packet and conduct an investigation to ascertain whether such application should be granted application clearance, as provided for herein, in accordance with CMC § 5.36, these rules and regulations, and any rules, regulations, standards, policies and other requirements adopted by the City Manager.

2. Review Period. The City Manager shall grant application clearance or reject the application within twenty (20) business days of the City’s receipt of the results of the live REDLINE (09-04-24)

Page 247 of 484 ends

17 DEAND\05000.20009\10298958.3
scan/background check for all owners, officers, managers and proposed employees of the commercial cannabis business. The twenty (20) business day period may be extended by the City Manager for up to ten (10) additional business days, if necessary, to complete the review and investigation.

B. Preliminary Approval – Storefront Retailers and Storefront Retail Microbusinesses.

1. Conditions of Preliminary Approval. The City Manager shall preliminarily approve an application for a storefront retailer commercial cannabis permit or a storefront retail microbusiness commercial cannabis permit if both of the following conditions are satisfactorily met: (1) the applicant obtains application clearance pursuant to Section IV(B)(2) below; and (2) the application undergoes the merit-based evaluation process and is reviewed, evaluated and ranked pursuant to Section IV(B)(4) below.

2. Application Clearance. An application shall advance to the merit-based evaluation process set forth in Section IV(B)(4) below only if it is granted application clearance. The application clearance is a pass/fail process and all applications that are granted application clearance will advance to the merit-based evaluation process set forth in Section IV(B)(4) below.

The City Manager shall grant application clearance, unless he or she makes any of the following findings:
a. Unpaid Fees. The applicant has not paid all fees required pursuant to CMC Chapter 5.36 or other applicable laws, rules or regulations. b. Application Disqualification. The application is incomplete, submitted late, or is otherwise not responsive to the requirements of CMC Chapter 5.36 or these Rules and Regulations; provided that if the application is incomplete or non-responsive due to a minor omission or error, the applicant shall be permitted up to five (5) days after notification to cure such minor omission or error.
c. False or Misleading Statement; Material Fact Omission. The application contains a false or misleading statement or omission of a material fact. d. Age Disqualification. The applicant or any owner, officer or manager is not at least twenty-one (21) years old.
e. Unpaid Administrative Fines or Penalties. The applicant or any owner, officer or manager has unpaid and overdue administrative fines or penalties imposed for violations of the CMC.
f. Unpaid Civil Judgment. The applicant or any owner, officer or manager has an unpaid civil judgment imposed for violation(s) of the CMC.

REDLINE (09-04-24)

Page 248 of 484 ends

18 DEAND\05000.20009\10298958.3
g. Live Scan/Background Checks. The City has not received the live scan/background check results for all owners, officers, managers and any proposed employees of the commercial cannabis business.
h. Criminal Convictions. The applicant or any owner, officer or manager has been convicted of any of the following charges:
(i) Any felony offense within the past ten (10) years;
(ii) A crime involving use of money to engage in criminal activity within the past ten (10) years;
(iii) Unlawful possession or use of a firearm within the past ten (10) years; or
(iv) Drug-related misdemeanor (other than cannabis) within the past three (3) years.
i. Drug Probation or Parole. The applicant or any owner, officer or manager is on probation or parole for the sale of drugs (other than cannabis). j. Cannabis Activity Denials or Revocations. The applicant or any owner, officer, or manager of the commercial cannabis business has, within the previous five (5) years, been denied the right to conduct any commercial cannabis activity in any jurisdiction for any reason substantially similar to the reasons described in CMC § 5.36.130(A) and/or such person’s authorization to conduct any commercial cannabis activity in any jurisdiction has been revoked for any reason or suspended for a period of thirty (30) days or more for any reason substantially similar to the reasons described in CMC § 5.36.130(A). Notwithstanding the foregoing, this subsection (j) does not apply to an applicant or any owner, officer, or manager of the commercial cannabis business who was not issued a permit to conduct a commercial cannabis activity solely as a result of not being selected during a lottery or competitive process. k. Zoning Non-Compliance. The premises are located in a zoning district where commercial cannabis businesses are not permitted, pursuant to Title 17 of the CMC, or that do not satisfy the separation requirements set forth in CMC § 5.36.070. If the applicant for a storefront retailer and/or a storefront retail microbusiness identifies more than one potential premises in the application, any potential premises that are not located in a zoning district where commercial cannabis businesses are permitted pursuant to Title 17 of the CMC, or that do not satisfy the separation requirements set forth in CMC § 5.36.070 will not be considered or reviewed as part of the merit-based evaluation process set forth in Section IV(B)(4) below. l. Non-Compliance with Any Law or Other Legal Requirement. The premises or the operation of the applicant’s commercial cannabis business, as described in its application, would fail to comply with any provision of the CMC, these rules and regulations, any rules, REDLINE (09-04-24)

Page 249 of 484 ends

19 DEAND\05000.20009\10298958.3
regulations, standards, policies and other requirements adopted by the City Manager, or any state law or regulation.

3. Notice of Decision. The City Manager shall serve the applicant, either personally or by first class mail sent to the applicant’s address as listed on the application, with dated written notice of the decision to grant or deny application clearance. The notice shall state the reasons for the decision, the effective date of the decision, the right of the applicant to appeal the decision pursuant to CMC Chapter 1.09, and that the decision will be final if an appeal is not filed within the time permitted.

4. Merit-Based Evaluation Process – Storefront Retailers and Storefront Retail Microbusinesses. Applications for storefront retailers and storefront retail microbusinesses that are granted application clearance pursuant to Section IV(B)(2) above will advance to the competitive, merit-based evaluation process set forth in this Section. Each applicant will be scored and ranked by an independent consultant selected by the City Manager based on the Storefront Retail MeritBased Evaluation Criteria attached hereto as Attachment “A” and incorporated herein by reference.

The independent consultant shall have the applicants scored and ranked by a minimum of three (3) individuals with demonstrated experience in local government cannabis regulatory or policy implementation, fiscal analysis, and/or auditing; provided that such individuals shall be free of any conflicts of interest, as determined pursuant to the laws, rules and regulations of the Political Reform Act and shall not be a City official, officer, director or employee. The independent consultant selected by the City Manager shall conduct interviews with all applicants that are granted application clearance pursuant to Section IV(B)(2) above. Each applicant will be required to submit to the independent consultant, prior to the interview, a PowerPoint presentation that demonstrates the applicant’s responsiveness to some or all of the Storefront Retail Merit-Based Selection Criteria, as instructed by the independent consultant. Prior to the interview, the independent consultant will provide written instructions regarding the form and substance for the PowerPoint. Additionally, each applicant will be expected to orally present the PowerPoint and to answer questions during the interview intended to elicit information regarding the applicant and their ability to satisfy or exceed one or more of the Storefront Retail Merit-Based Selection Criteria. While the application documents submitted by an applicant may be used by the independent consultant as a resource document to assist in the interview process, the independent consultant’s scoring/ranking of each applicant will be based solely on the interview and the PowerPoint presentation. The independent consultant will endeavor to complete the interviews and scoring/ranking of the applicants within forty-five (45) calendar days of the date on which the last application which will advance to the merit-based evaluation has received application clearance. The 45-calendar day period may be extended by the City Manager for a reasonable period of time as determined to be necessary in order to complete the scoring/ranking process. 5g. Ranking of Applicants.
a.(i) Written Ranking. Upon completion of the interview process, the independent consultant selected by the City Manager shall produce a written ranking of the applicants from highest to lowest, based upon the combined total points allocated to each REDLINE (09-04-24)

Page 250 of 484 ends

20 DEAND\05000.20009\10298958.3
application using the Storefront Retail Merit-Based Evaluation Criteria. The ranking shall be prepared in a written form which has been approved by the City Manager. The written ranking shall include the points allocated to each applicant by each individual scorer selected by the independent consultant and shall be signed or initialed by the independent consultant, acknowledging that the points are accurate and the ranking represents the final decision. b.(ii) Notice of Ranking. The written ranking shall be posted on the City’s website and served on each applicant, either personally or by electronic mail addressed to the email address listed on the application. c.(iii) No Appeal. The final ranking shall be final and shall not be subject to appeal.
d.(iv) Expiration of Ranking. The final ranking shall not expire unless and until the City Council, in its sole and absolute discretion, determines that it should expire. If the City Council determines that the final ranking will expire on a date certain, the City shall, at least one hundred and eighty (180) calendar days prior to the determined expiration date, take the following actions: (i) post on its website written notice of the expiration date; and (2) deliver written notice of the expiration date to all applicants on the final ranking, either personally or by first class mail sent to each applicant’s address as listed on their application. twelve (12) months from the date it is posted on the City’s website; provided that the City Manager, in his/her sole discretion, may extend the expiration date for an additional twelve (12) month period. Upon expiration of the final ranking, any applicant who has not obtained final approval of their application pursuant to Section VI shall be deemed to have forfeited the commercial cannabis permit application and any right to a commercial cannabis permit. If, prior to expiration of the final ranking, the maximum number of commercial cannabis permits that are available for issuance to retailers and storefront retail microbusinesses within the City pursuant to CMC § 5.36.060 have not yet been approved and issued pursuant to Section VI, the City Manager shall designate a new application period pursuant to Section III(A) and a new application submittal and review process shall commence subject to the provisions set forth herein.

65. Preliminary Approval. An application for a storefront retailer commercial cannabis permit or a storefront retail microbusiness commercial cannabis permit shall receive preliminary approval once it is placed on the written ranking form.

76. Advancement to Phase II – Provisional Approval. An application which receives preliminary approval pursuant to this Section IV(B) shall advance to Phase II of Application Review (Provisional Approval) set forth in Section V.

C. Preliminary Approval – Non-Storefront Retailers, Manufacturers, Distributors, Testing Laboratories and Microbusinesses Other than Storefront Retail Microbusinesses.

REDLINE (09-04-24)

Page 251 of 484 ends

21 DEAND\05000.20009\10298958.3

1. Condition of Preliminary Approval. The City Manager shall preliminarily approve an application for a commercial cannabis permit which involves a non-storefront retailer, manufacturing, distribution, testing laboratory or microbusiness other than a storefront retail microbusiness if the applicant obtains application clearance pursuant to Section IV(C)(2) below.

2. Application Clearance. The City Manager shall grant application clearance, unless he or she makes any of the following findings:
a. Unpaid Fees. The applicant has not paid all fees required pursuant to CMC Chapter 5.36 or other applicable laws, rules or regulations. b. Application Disqualification. The application is incomplete, submitted late, or is otherwise not responsive to the requirements of CMC Chapter 5.36 or these Rules and Regulations.
c. False or Misleading Statement; Material Fact Omission. The application contains a false or misleading statement or omission of a material fact. d. Age Disqualification. The applicant or any owner, officer or manager is not at least twenty-one (21) years old.
e. Unpaid Administrative Fines or Penalties. The applicant or any owner, officer or manager has unpaid and overdue administrative fines or penalties imposed for violations of the CMC.
f. Unpaid Civil Judgment. The applicant or any owner, officer or manager has an unpaid civil judgment imposed for violation(s) of the CMC. g. Live Scan/Background Checks. The City has not received the live scan/background check results for all owners, officers, managers and any proposed employees of the commercial cannabis business.
h. Criminal Convictions. The applicant or any owner, officer or manager has been convicted of any of the following charges:
(i) Any felony offense within the past ten (10) years;
(ii) A crime involving use of money to engage in criminal activity within the past ten (10) years;
(iii) Unlawful possession or use of a firearm within the past ten (10) years; or
REDLINE (09-04-24)

Page 252 of 484 ends

22 DEAND\05000.20009\10298958.3
(iv) Drug-related misdemeanor (other than cannabis) within the past three (3) years.
i. Drug Probation or Parole. The applicant or any owner, officer or manager is on probation or parole for the sale of drugs (other than cannabis). j. Cannabis Activity Denials or Revocations. The applicant or any owner, officer, or manager of the commercial cannabis business has, within the previous five (5) years, been denied the right to conduct any commercial cannabis activity in any jurisdiction for any reason substantially similar to the reasons described in CMC § 5.36.130(A) and/or whether such person’s authorization to conduct any commercial cannabis activity in any jurisdiction has been revoked for any reason or suspended for a period of thirty (30) days or more for any reason substantially similar to the reasons described in CMC § 5.36.130(A). Notwithstanding the foregoing, this subsection (j) does not apply to an applicant or any owner, officer, or manager of the commercial cannabis business who was not issued a permit to conduct a commercial cannabis activity solely as a result of not being selected during a lottery or competitive process. k. Zoning Non-Compliance. The premises are located in a zoning district where commercial cannabis businesses are not permitted, pursuant to Title 17 of the CMC, or that do not satisfy the separation requirements set forth in CMC § 5.36.070. l. Non-Compliance with Any Law or Other Legal Requirement. The premises or the operation of the applicant’s commercial cannabis business, as described in its application, would fail to comply with any provision of the CMC, these rules and regulations, any rules, regulations, standards, policies and other requirements adopted by the City Manager, or any state law or regulation.

3. Preliminary Approval. An application for a commercial cannabis permit which involves a non-storefront retailer, manufacturing, distribution, testing laboratory or a storefront retail microbusiness shall receive preliminary approval once it has been granted application clearance.

4. Notice of Decision. The City Manager shall serve the applicant, either personally or by first class mail sent to the applicant’s address as listed on the application, with dated written notice of the decision to grant or deny application clearance. The notice shall state the reasons for the decision, the effective date of the decision, the right of the applicant to appeal the decision pursuant to CMC Chapter 1.09, and that the decision will be final if an appeal is not filed within the time permitted.

5. Advancement to Phase II – Provisional Approval. An application which receives preliminary approval pursuant to this Section IV(C) shall advance to Phase II of Application Review (Provisional Approval) set forth in Section V.

REDLINE (09-04-24)

Page 253 of 484 ends

23 DEAND\05000.20009\10298958.3
V. PHASE II OF APPLICATION REVIEW – PROVISIONAL APPROVAL.

A. Provisional Approval – Storefront Retailers and Storefront Retail Microbusinesses.

1. Conditions of Provisional Approval. The City Manager shall provisionally approve an application for a storefront retailer commercial cannabis permit or a storefront retail microbusiness commercial cannabis permit if each of the following conditions are satisfactorily met: (1) pursuant to Section V(A)(2) below, the applicant successfully identifies a preferred premises location that has not been identified by a higher ranked applicant; (2) pursuant to Section V(A)(3) below, the applicant provides satisfactory proof of premises control for that site; and (3) pursuant to Section V(C) below, the applicant satisfactorily executes and delivers to the City Manager an operational agreement with the City.

2. Preferred Premises Location.
a. Submittal of Requested Preferred Premises Locations. Pursuant to CMC §

5.36.060, a maximum of twelve (12) commercial cannabis permits are currently available for issuance to retailers and storefront retail microbusinesses within the City. Within five (5) business days of the date of the notice of the final ranking pursuant to Sections IV(B)(4)(g) above, each applicant, in ranked order, shall be required to identify the applicant’s preferred premises location on a form provided by the City Manager. The five (5) business day period may be extended by the City Manager for a reasonable period of time, if the City Manager determines that the applicant needs additional time to identify the applicant’s preferred premises location. If any applicant fails to submit the applicant’s preferred premises location by the end of this five (5) business day period or such extended period of time permitted by the City Manager pursuant to this section, the applicant shall be deemed to have forfeited the commercial cannabis permit application and any right to a commercial cannabis permit.
b. Location Must Have Been Included on Application. No applicant shall be allowed to submit a preferred premises location for consideration unless the premises were included on the application. If an applicant submits a preferred premises location for consideration that is not on the application, the location will not be reviewed and the applicant shall be deemed to have forfeited the commercial cannabis permit application and any right to a commercial cannabis permit.
c. Review of Preferred Premises Location. Beginning with the applicant that is ranked number one (1), the City Manager shall review that applicant’s preferred premises location and confirm that the premises have not been identified and selected as a preferred premises location by a higher ranked applicant.
(i) Failure to Meet Preferred Premises Location Requirements; Resubmittals. If the preferred premises location submitted by that applicant has already been identified and selected as a preferred premises location by a higher ranked applicant, the City Manager shall provide written notice to the applicant, either personally or by electronic mail REDLINE (09-04-24)

Page 254 of 484 ends

24 DEAND\05000.20009\10298958.3
addressed to the e-mail address listed on the application. Within five (5) business days of the date of the City Manager’s notice, the applicant shall be required to submit another preferred premises location for review by the City Manager and a determination whether that location has already been identified and selected as a preferred premises location by a higher ranked applicant. The five (5) business day period may be extended by the City Manager for up to five (5) additional business days, if the City Manager determines that the applicant needs additional time to identify the applicant’s preferred premises location. As stated in Section V(A)(2)(b) above, any preferred premises location submitted must have been identified on the applicant’s application. The above submittal and review process may continue until the applicant submits a premises location that has not been identified and selected as a preferred premises location by a higher ranked applicant. If any applicant fails to resubmit the applicant’s preferred premises location by the end of this five (5) business day period or such extended period of time permitted by the City Manager pursuant to this Section, the applicant shall be deemed to have forfeited the commercial cannabis permit application and any right to a commercial cannabis permit. (ii) Satisfaction of Preferred Premises Location Requirements; Notice of Preferred Premises Location. Once it has been confirmed that an applicant’s preferred premises location has not been identified and selected as a preferred premises location by a higher ranked applicant, that applicant’s approved premises location shall be posted on the City’s website and the City Manager shall provide written notice to the applicant, either personally or by electronic mail addressed to the e-mail address listed on the application. (iii) Continuation in Ranked Order. Once it has been confirmed that an applicant’s preferred premises location has not been identified and selected as a preferred premises location by a higher ranked applicant or the applicant forfeits its commercial cannabis permit application by failing to submit a preferred premises location, or by failing to submit a preferred premises location that has not already been identified and selected as a preferred premises location by a higher ranked applicant, the City Manager will review the preferred premises location submitted by the next ranked applicant in accordance with the same review process set forth above. (iv) Submittal of Preferred Premises Location Not Identified on Application. If the City Manager determines that all of the preferred premises locations identified on an applicant’s application have already been identified and selected as a preferred premises location by a higher ranked applicant, the applicant may identify a preferred premises location that was not identified on the applicant’s application provided that the applicant demonstrates that such preferred premises location is located in a zoning district where commercial cannabis businesses are permitted pursuant to Title 17 of the CMC and that such preferred premises location satisfies the separation requirements set forth in CMC § 5.36.070. However, that applicant will forfeit its ranking and will be re-ranked as the last ranked applicant, and the City Manager will thereafter review such preferred premises location in accordance with the same review process set forth above. By way of example, CMC § 5.36.060 currently authorizes a maximum of 12 commercial cannabis permits for retailers and storefront retail microbusinesses.

In the event that an applicant who is ranked between 1 and 12 is deemed to have forfeited the REDLINE (09-04-24)

Page 255 of 484 ends

25 DEAND\05000.20009\10298958.3
applicant’s ranking pursuant to this Section, that applicant will be re-ranked to be number 13 on the final ranking list.

3. Proof of Premises Control. Within three (3) business days of the date of the City Manager’s notice to an applicant that the applicant’s preferred premises location has been approved, the applicant shall submit to the City Manager documentary evidence, such as a lease agreement or deed, demonstrating to the satisfaction of the City Manager that the applicant has the legal right to occupy and use such premises to operate the commercial cannabis business described in the applicant’s application. The three (3) business day period may be extended by the City Manager for up to three (3) additional business days, if the City Manager determines that the applicant needs additional time to identify the applicant’s preferred premises location. If an applicant is unable to secure the legal right to occupy and use such premises to operate the commercial cannabis business described in the applicant’s application within this three (3) day period or such extended period of time permitted by the City Manager pursuant to this Section, the applicant may submit another preferred premises location for review by the City Manager pursuant to Section V(A)(2)(c) above, provided that the applicant’s alternative premises location will be reviewed in the order received by the City Manager and not necessarily in the order that the applicant is ranked. If any applicant fails to submit either documentary evidence demonstrating that the applicant has the legal right to occupy and use such premises to operate the commercial cannabis business described in the applicant’s application by the end of this three (3) business day period, the applicant shall be deemed to have forfeited the commercial cannabis permit application and any right to a commercial cannabis permit.

4. Provisional Approval. An application for a storefront retailer or storefront retail microbusiness shall receive provisional approval once it has submitted satisfactory evidence of premises control pursuant to Section V(A)(3) above and the applicant has executed, in a manner deemed acceptable by the City Manager and City Attorney in their sole and absolute discretion, a commercial cannabis operational agreement with the City pursuant to Section V(C) below. The provisional approval shall be conditioned upon the applicant’s compliance, within the required time periods, with all provisions of CMC Chapter 5.36, these Rules and Regulations (including, but not limited to, Section VI below), the state cannabis laws and any other applicable state and local laws, rules and regulations.

5. Notice of Decision. The City Manager shall serve the applicant, either personally or by first class mail sent to the applicant’s address as listed on the application, with dated written notice of the decision to grant or deny provisional approval. The notice shall state the reasons for the decision, the effective date of the decision, the right of the applicant to appeal the decision pursuant to CMC Chapter 1.09, and that the decision will be final if an appeal is not filed within the time permitted.

6. Advancement to Phase III – Final Approval. An application which receives provisional approval pursuant to this Section V(A) shall advance to Phase III of Application Review (Final Approval) set forth in Section VI.

REDLINE (09-04-24)

Page 256 of 484 ends

26 DEAND\05000.20009\10298958.3
B. Provisional Approval – Non-Storefront Retailers, Manufacturers, Distributors, Testing Laboratories and Microbusinesses Other than Storefront Retail Microbusinesses.

1. Conditions of Provisional Approval. The City Manager shall provisionally approve an application for a commercial cannabis permit which involves a non-storefront retailer, manufacturing, distribution, testing laboratory or microbusiness other than a storefront retail microbusiness if each of the following conditions are satisfactorily met: (1) pursuant to Section V(B)(2) below, the applicant provides satisfactory proof of premises control for that site; and (2) pursuant to Section V(C) below, the applicant satisfactorily executes and delivers to the City Manager an operational agreement with the City.

2. Proof of Premises Control. Within three (3) business days of the date of the City Manager’s notice to an applicant that their application has been preliminarily approved as provided for in Section IV(C)(4) above, the applicant shall submit to the City Manager documentary evidence, such as a lease agreement or deed, demonstrating to the satisfaction of the City Manager that the applicant has the legal right to occupy and use such premises to operate the commercial cannabis business described in the applicant’s application. The three (3) business day period may be extended by the City Manager for up to three (3) additional business days, if the City Manager determines that the applicant needs additional time to identify the applicant’s preferred premises location. If any applicant fails to submit documentary evidence demonstrating that the applicant has the legal right to occupy and use such premises to operate the commercial cannabis business described in the application by the end of this three (3) business day period or such extended period of time permitted by the City Manager pursuant to this Section, the applicant shall be deemed to have forfeited the commercial cannabis permit application and any right to a commercial cannabis permit.

3. Provisional Approval. An application for a commercial cannabis permit which involves a non-storefront retailer, manufacturing, distribution, testing laboratory or microbusiness other than a storefront retail microbusiness shall receive provisional approval once it has submitted satisfactory evidence of premises control pursuant to Section V(B)(2) above and the applicant has executed, in a manner deemed acceptable by the City Manager and City Attorney in their sole and absolute discretion, a commercial cannabis operational agreement with the City pursuant to Section V(C) below.

4. Notice of Decision. The City Manager shall serve the applicant, either personally or by first class mail sent to the applicant’s address listed on the application, with dated written notice of the decision to grant or deny provisional approval. The notice shall state the reasons for the decision, the effective date of the decision, the right of the applicant to appeal the decision pursuant to CMC Chapter 1.09, and that the decision will be final if an appeal is not filed within the time permitted.

REDLINE (09-04-24)

Page 257 of 484 ends

27 DEAND\05000.20009\10298958.3

5. Advancement to Phase III – Final Approval. An application which receives provisional approval pursuant to this Section (V)(B) shall advance to Phase III of Application Review (Final Approval) set forth in Section VI.

C. Commercial Cannabis Operational Agreement.

1. Requirement. Within fourteen (14) calendar days of the date of the City Manager’s notice to an applicant that their application has been preliminarily approved as provided for in Section IV(C)(4) above, the applicant shall execute, in a manner deemed acceptable by the City Manager and City Attorney in their sole and absolute discretion, a commercial cannabis operational agreement with the City. The fourteen (14) business day period may be extended by the City Manager for up to fourteen (14) additional business days, if the City Manager determines that the applicant needs additional time to identify the applicant’s preferred premises location.

Since the commercial cannabis operational agreement will confer substantial private benefit on a permittee and the permittee representatives, it will also provide for consideration to the public to balance the private benefits.

2. Form and Content. In addition to the requirements of Section V(C)(4) below, the commercial cannabis operational agreement shall be in a form and include any other provisions approved by the City Manager and City Attorney in their sole and absolute discretion.

3. Failure to Execute Agreement. If any applicant has not satisfactorily executed a commercial cannabis operational agreement with the City by the end of this fourteen (14) calendar day period or such extended period of time permitted by the City Manager pursuant to this Section, the applicant shall be deemed to have forfeited the commercial cannabis permit application and any right to a commercial cannabis permit.

4. Minimum Provisions of Agreement. The commercial cannabis operational agreement, at a minimum, shall include provisions substantially consistent with the following requirements:
a. Insurance. A requirement to obtain and maintain insurance in the amounts and types acceptable to the City Attorney and to name the City, its directors, officials, officers, employees, agents and volunteers as additional insureds by endorsement. b. Indemnification. A requirement to defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of, pertaining to, or incident to the City’s issuance of the commercial cannabis permit, the process used by the City in making its decision to issue a commercial cannabis permit or approve the operation of the commercial cannabis business, the operation of the commercial cannabis business or the prosecution of the applicant, permittee, or any permittee representative for violation of federal law or the state cannabis laws, including REDLINE (09-04-24)

Page 258 of 484 ends

28 DEAND\05000.20009\10298958.3
without limitation the payment of all settlement amounts, expert witness fees and attorney’s fees and other related costs and expenses.
c. Operating Fee. One of the purposes of the commercial cannabis operational agreement is to collect fees for the operation of the commercial cannabis business and to provide fees for mitigation options to be used by City to compensate for impacts to City services, residents and/or businesses. The commercial cannabis operational agreement shall therefore include a requirement to pay a monthly operating fee to the City that is based upon the type of commercial cannabis activity permitted on the premises and the gross receipts generated or otherwise received by that activity. As used herein, “gross receipts” shall have the same definition provided for in CMC § 5.02.020. The operating fee for each type of commercial cannabis activity shall be consistent with Council direction and within the following ranges, taking into account any additional consideration to the public provided for in the commercial cannabis operational agreement:

Storefront Retailer: A rate of up to 9% of the gross receipts generated or otherwise received.

Non-storefront Retailer: A rate of up to 9% of the gross receipts generated or otherwise received.

Manufacturing: A rate of up to 7% of the gross receipts generated or otherwise received.

Distribution: A rate of up to 7% of the gross receipts generated or otherwise received.

Testing Laboratory: A rate of up to 3% of the gross receipts generated or otherwise received.

Microbusiness: A rate of up to 9% of the gross receipts generated or otherwise received for the retail portion of the business, plus a rate of 7% of the gross receipts generated or otherwise received for the manufacturing and distribution portions of the business. d. Audits. A provision that permits the City to inspect and conduct an audit of the books and records of the commercial cannabis business upon request. If such audit discloses an underpayment of the operating fee in excess of five percent (5%) of the amounts which should have been paid, the permittee of such commercial cannabis business shall promptly tender to the City the amount of such underpayment together with interest at the rate of ten percent (10%) computed from the date of underpayment, and shall further reimburse the City for the entirety of its audit costs, including, without limitation, the auditor’s costs and expenses, internal costs and expenses, and legal and other third party expenses. If such audit discloses an underpayment of the operating fee of five percent (5%) or less than the amounts which should have been paid, the permittee of such commercial cannabis business shall promptly tender to the City the amount of REDLINE (09-04-24)

Page 259 of 484 ends

29 DEAND\05000.20009\10298958.3
such underpayment together with a penalty at the rate of ten percent (10%) computed from the date of underpayment. However, the costs of such audit shall be borne by the City. ec. Cannabis Tax. The commercial cannabis operational agreement shall include a requirement to pay the commercial cannabis business tax required by CMC Chapter 3.38. d. Community Benefit. For storefront retailers and storefront retail microbusinesses, a commitment to implement any community benefit actions or measures described in the applicant’s application packet.
fe. Local Hiring Practices. For storefront retailers and storefront retail microbusinesses, a commitment to promote local hiring or implement incentives for local residents to work with the commercial cannabis business, if such practices are described in the applicant’s application packet.
gf. Local Sourcing Practices. For storefront retailers and storefront retail microbusinesses, a commitment to secure supplies and equipment from local sources, if such practices are described in the applicant’s application packet.

VI. PHASE III OF APPLICATION REVIEW – FINAL APPROVAL.

A. Conditions of Final Approval – All Permits.

The City Manager shall grant final permit approval to an application for a commercial cannabis permit if each of the following conditions are satisfactorily met:

1. State License. Within twelve (12) months of the date of the City’s provisional approval of a commercial cannabis permit pursuant to Section (V), the applicant shall obtain all State licenses required by the state cannabis laws to authorize the applicant to operate the commercial cannabis business permitted by the commercial cannabis permit. The twelve (12) month period may be extended by the City Manager for up to one hundred eighty (180) additional calendar days, if necessary, for the applicant to obtain all required State licenses provided that the applicant has proceeded with due diligence to obtain such licenses. If the applicant has not obtained all required State licenses by the end of this twelve (12) month period, as may be extended, the applicant shall be deemed to have forfeited the commercial cannabis permit application and any right to a commercial cannabis permit.

2. City Business License. Within five (5) business days of the date that the applicant obtains all required State licenses, the applicant shall obtain a City business license to conduct the commercial cannabis business permitted by the commercial cannabis permit and pay the license tax, as required by CMC Chapter 5.02. The five (5) business day period may be extended by the City Manager for up to five (5) additional business days, if the City Manager determines that the applicant needs additional time to identify the applicant’s preferred premises location. If the applicant has not obtained a City business by the end of this five (5) business day period or such REDLINE (09-04-24)

Page 260 of 484 ends

30 DEAND\05000.20009\10298958.3
extended time period permitted by the City Manager pursuant to this Section, the applicant shall be deemed to have forfeited the commercial cannabis permit application and any right to a commercial cannabis permit.

3. Building, Fire and Occupancy Permits. Within one hundred eighty (180) calendar days of the date the applicant obtains all required State licenses, the applicant shall take all necessary actions to open its commercial cannabis business, including, but not limited to, completing all construction and tenant improvements and obtaining all building, fire and occupancy permits that will permit the applicant to open the commercial cannabis business to the public. The one hundred eighty (180) calendar day period may be extended by the City Manager for up to sixty (60) additional calendar days, if necessary, for the applicant to obtain the required building, fire and occupancy permits provided that the applicant has proceeded with due diligence to obtain such permits. If the commercial cannabis business is not fully permitted and operating by the end of this one hundred eighty (180) calendar day period, as may be extended, the applicant shall be deemed to have forfeited the commercial cannabis permit application and any right to a commercial cannabis permit.

B. Steps Following Forfeiture – Storefront Retailers and Storefront Retail Microbusinesses.

In the event that an applicant for a storefront retailer commercial cannabis permit or storefront retail microbusiness commercial cannabis permit is deemed to have forfeited the applicant’s commercial cannabis permit application and any right to a commercial cannabis permit pursuant to Section V or this Section VI, the next ranked applicant will not be moved up to the ranking of the forfeited applicant. Instead, the City Manager shall provide written notice, either personally or by electronic mail addressed to the e-mail address listed on the application, to the next ranked applicant on the final ranking list form established pursuant to Section V(B)(4)(f) above that is outside the maximum number of commercial cannabis permits that are available for issuance to retailers and storefront retail microbusinesses within the City pursuant to CMC §

5.36.060. By way of example, CMC § 5.36.060 currently authorizes a maximum of 12 commercial cannabis permits for retailers and storefront retail microbusinesses. In the event that an applicant who is ranked between 1 and 12 is deemed to have forfeited the applicant’s commercial cannabis permit application and any right to a commercial cannabis permit pursuant to this Section VI, the City Manager will provide notice to the applicant that is ranked number 13 on the final ranking list. Upon receipt of such notice, that applicant shall be subject to the requirements and forfeiture consequences of these Rules and Regulations and shall be required to submit all forms and documents and take all actions required by Sections IV, V and VI within the time periods established therein.

REDLINE (09-04-24)

Page 261 of 484 ends

31 DEAND\05000.20009\10298958.3
ATTACHMENT “A”

STOREFRONT RETAIL MERIT-BASED EVALUATION CRITERIA
[SEE ATTACHED 3 PAGES]

REDLINE (09-04-24)

Page 262 of 484 ends

32 DEAND\05000.20009\10298958.3

STOREFRONT RETAIL MERIT-BASED EVALUATION CRITERIA
All applicants for a City of Corona regulatory permit for a storefront retail cannabis business will be evaluated using the merit criteria outlined below to ensure that the most qualified and experienced businesses are authorized to operate within the City. The evaluation process will be conducted by Hinderliter, de Llamas and Associates.

QUALIFICATIONS OF OWNERS/OPERATORS POTENTIAL
POINTS
CANNABIS BUSINESS EXPERIENCE – Proposal demonstrates Owner’s experience in owning, managing and operating a legally permitted or licensed retail cannabis business in the United States.
50 CANNABIS INDUSTRY KNOWLEDGE – Proposal demonstrates Owner’s overall knowledge of the cannabis industry (as demonstrated throughout the application), including identification of how industry best practices and state regulations have been incorporated in existing/prior legal businesses outside the City of Corona. 40 COMPLIANCE RECORD – Proposal demonstrates record of operating a compliant commercial cannabis or other business, with more points awarded for operating a cannabis business. A compliant business operation does not have a documented history of local or state level violations relating, but not limited to: business code, public safety, environmental impacts, employment, and financial payments.
40 OTHER BUSINESS OWNERSHIP EXPERIENCE – Proposal demonstrates Owner’s experience and successful management of a permitted or licensed non-cannabis retail business within the City of Corona.
10 LOCAL OWNERSHIP – Proposal demonstrates that a current resident or business owner within the City owns at least fifty-one percent (51%) of the cannabis business. 10 SUBTOTAL 150

BUSINESS PLAN / FINANCIAL INVESTMENT POTENTIAL
POINTS
FINANCIAL PLAN – Proposal includes a financial plan/budget that demonstrates sufficient financial capacity to capitalize, start up, and sustain business operations, with more points awarded for including a valid pro forma financial statement for at least 3 years of operation.
40 FUNDING / PROOF OF CAPITALIZATION – Proposal demonstrates or identifies access to operational capital and/or on-going line of credit once business is operational. 40 OPERATION ABILITY – Proposal demonstrates Owner’s ability to commence business operations quickly upon City approval and to sustain operations in a highly regulated industry. 30
INVESTMENT IN UNDERUTILIZED SITE – Proposal demonstrates Owner’s commitment to major improvements, façade rehabilitation, building expansion, site improvements or other investments in an underutilized/underdeveloped site that is zoned for commercial use.
20 SUPPLY AGREEMENTS – Proposal demonstrates that Owner has documented agreements with cannabis distributors to supply products to Owner’s business. 20 SUBTOTAL 150
REDLINE (09-04-24)

Page 263 of 484 ends

33 DEAND\05000.20009\10298958.3

OPERATIONS PLAN POTENTIAL
POINTS
AIR QUALITY/ODOR CONTROL – Quality of ventilation and air purification system, including demonstrated effectiveness (proposal may include examples of where a similar system has worked effectively).
25 CUSTOMER EDUCATION PLAN – Quality and detail of plan for educating customers regarding cannabis products, include the potency and effects of products. 20 RESPONSIBLE USE MESSAGING – Proposal includes a coherent strategy to keep adult-use cannabis products out of the hands of consumers under the age of 21 and business plans to use “responsible use” language on packaging and messaging. 20 RECORDS SOFTWARE – Standard operating procedures include electronic tracking and storage of required records of sales, delivery manifests, and inventory (over and above that required by the state’s “track and trace” requirements). 20 DAILY INSPECTION – Proposal includes a plan for daily inspection to ensure maintenance of the interior and exterior of the facility (i.e., free of trash, graffiti, etc.). 15 EMPLOYEE TRAINING PLAN – Overall quality of proposed employee training, including training on differences in products, potency of products, customer service, and laws governing personal use.
10 GREEN PRACTICES – Proposal includes “green” business practices relating to energy and climate, water conservation, and materials/waste storage and disposal. 10 MARKETING PLAN – Overall quality and detail of marketing strategy. 5 STANDARD OPERATING PROCEDURES – Overall quality and detail of proposed operating procedures for all aspects of the proposed business, including the extent to which the applicant incorporates industry best practices into the operating procedures. 5 SUBTOTAL 130

REDLINE (09-04-24)

Page 264 of 484 ends

34 DEAND\05000.20009\10298958.3

SECURITY PLAN POTENTIAL
POINTS
SECURITY GUARDS – Quality of proposed security guard plan for the business, including number of guards, hours, protocols, and day-to-day procedures/operations (over and above that required by the state).
25 VIDEO CAMERA SURVEILLANCE – Proposal includes video camera surveillance.

Consideration to be given to the overall quality of Owner’s plan to use cameras, including number of cameras, locations, resolution, how long footage is saved, and whether live feed is proposed for law enforcement (over and above that required by the state). 25 PRODUCT ACCESS PROTOCOLS – Proposal includes a separate check-in area where identification is checked to ensure that only qualified persons gain access to where cannabis products are displayed.
25 CASH MANAGEMENT PLAN – Quality and detail of cash management plan, including cash counting/reconciliation procedures, cash storage, cash transport, depositing into a banking institution, and employee training.
15 PRODUCT DELIVERIES – Quality of plan for securing product deliveries to the business (i.e., from delivery vehicle to building). 15
EMPLOYEE SAFETY EDUCATION – Quality of employee safety education plan, including training regarding product handling, burglary/robbery protocols, and other potential hazards of the cannabis business.
10 EMPLOYEE THEFT REDUCTION MEASURES – Quality and extensiveness of employee theft reduction measures, including audits and check in/out. 10 SECURITY PROCEDURES – Overall quality and detail of proposed security plan and measures contained therein. 5
SUBTOTAL 130

COMMUNITY BENEFIT POTENTIAL
POINTS
COMMUNITY BENEFIT – Proposal includes some form of community benefit (sponsor of community events, public improvements, donations to youth programs, etc.). 40 LOCAL HIRING PRACTICES – Proposal includes plan to promote local hiring or provides incentives for local residents to work with the business. 20 LOCAL SOURCING PRACTICES – Proposal includes plan to secure supplies and equipment from local sources. 20
EMPLOYEE RELATIONS – Owner proposes to provide employee health benefits for all employees.
20 LOCAL EXPERIENCE – Owner in the proposed business have resided in the City of Corona and/or the County of Riverside for at least 5 years. 20 SUBTOTAL 120
TOTAL POTENTIAL POINTS 680
REDLINE (09-04-24)

Page 265 of 484 ends

DEAND\05000.20009\10298958.4
RESOLUTION NO. 2024-092

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CORONA, CALIFORNIA, TAKING THE FOLLOWING
ACTIONS: (1) MAINTAINING THE CURRENT FORMULA

FOR THE MAXIMUM NUMBER OF COMMERCIAL

CANNABIS PERMITS AVAILABLE FOR STOREFRONT

RETAILERS AND/OR STOREFRONT RETAIL
MICROBUSINESS; (2) APPROVING RULES AND

REGULATIONS FOR PERMITTING COMMERICAL

CANNABIS BUSINESSES TO RETROACTIVELY EXTEND

THE EXPIRATION OF THE MERIT-BASED FINAL
RANKING LIST; AND (3) REPEALING RESOLUTION NO.
2021-022.

Page 266 of 484 ends

2 DEAND\05000.20009\10298958.4
vulnerable populations, including children and senior citizens, are mitigated to the greatest extent possible; and
WHEREAS, the City Council is aware that both community benefits and potential adverse impacts may result from the operation of commercial cannabis businesses in the City, and therefore desires to: (1) help ensure that all such adverse impacts are adequately mitigated and offset by the potential community benefits those businesses can provide to the City and its residents and; to help provide sufficient code enforcement and law enforcement resources to address such adverse impacts and to ensure compliance with all applicable laws and regulations; and WHEREAS, the City Council is also aware that storefront retailers and storefront retail microbusinesses are particularly prone to result in potential adverse impacts to the community, and thus such businesses will be asked to specifically commit to providing particular community benefits of their choosing to help ensure that their impacts are adequately mitigated and offset; and
WHEREAS, in furtherance of these goals, the City Council adopted Chapters 5.36 (Commercial Cannabis) and 9.19 (Cannabis Businesses and Activities) of the Corona Municipal Code (“CMC”) to establish development standards and permitting requirements to allow certain types of commercial cannabis businesses (storefront retail, non-storefront retail, manufacturing, distribution, testing laboratories, and microbusinesses) within the City’s industrial zones (M-1, M2, M-3 and M-4 zones); and

WHEREAS, pursuant to CMC §5.36.040(A)(1), the City Council is required to adopt, by resolution, rules and regulations for permitting commercial cannabis businesses; and WHEREAS, on October 7, 2020, the City Council adopted Resolution No. 2020- 126 establishing rules and regulations to govern the permitting of commercial cannabis businesses; and
WHEREAS, on March 17, 2021, the City Council adopted Resolution No. 2021- 015 amending the rules and regulations for the permitting of commercial cannabis businesses and repealing Resolution No. 2020-126; and
WHEREAS, on April 1, 2021, the City Council adopted Resolution No. 2021-022 to amend the rules and regulations adopted pursuant to Resolution No. 2021-015 to clarify the process for scoring and ranking applications for storefront retailers and storefront retail microbusinesses during the merit-based evaluation process; and WHEREAS, pursuant to Section IV(B)(4) of the adopted rules and regulations, the merit-based “final ranking” of the storefront retailers and storefront retail microbusinesses expired twenty-four (24) months from the date it was posted on the City’s website (i.e. March 17, 2022), thus the final ranking expired on or about March 17, 2024 (“Final Ranking Expiration Date”); and

Page 267 of 484 ends

3 DEAND\05000.20009\10298958.4
WHEREAS, prior to the Final Ranking Expiration Date, the City had issued eight (8) commercial cannabis permits for storefront retailers and/or storefront retail microbusiness; and WHEREAS, since the maximum permitted number of commercial cannabis permits had not yet been issued before the Final Ranking Expiration Date, a new application period was to be set and a new merit-based selection process was to begin for storefront retailers and storefront retail microbusinesses; and
WHEREAS, the City Council now desires to amend the rules and regulations adopted pursuant to Resolution No. 2021-022 to retroactively extend the Final Ranking Expiration Date for storefront retailers and storefront retail microbusinesses; and WHEREAS, Subsection (A) (Maximum Number) of CMC 5.36.060 (City Permit - Maximum Number and Types) set the formula for the maximum number of permits for storefront retailers and/or storefront retail microbusinesses at one (1) per 15,000 city residents, as determined by the California Department of Finance and set forth in their E-1 report, rounded-up to the next whole number; and
WHEREAS, accordingly, the maximum number of commercial cannabis permits for storefront retailers and/or storefront retail microbusiness was originally set at twelve (12), based upon the Department of Finance’s 2020 population estimate for Corona of 168,248; and WHEREAS, Subsections (D) (Increase or Decrease of Maximum Number) and (E) (Resolution Required) of CMC 5.36.060 (City Permit - Maximum Number and Types) provide that the City Council may at any time, by Resolution, consider whether to decrease the maximum number of commercial cannabis permits available for issuance within the city for any or all types of commercial cannabis activities; and
WHEREAS, after considering whether to decrease the maximum number of commercial cannabis permits available for storefront retailers and/or storefront retail microbusiness, the City Council now desires to maintain the formula for the maximum number of permits at one (1) per 15,000 city residents; and
WHEREAS, since the Department of Finance’s 2024 population estimate for Corona is 156,615, the maximum number of commercial cannabis permits available for storefront retailers and/or storefront retail microbusiness is now eleven (11); and WHEREAS, the City Council also desires to make a few non-substantive clarification revisions to the rules and regulations, as well as eliminate the provisions relating to the “Operating Fee” since it no longer exists; t and
WHEREAS, the City Council intends for this Resolution to supersede and replace Resolution No. 2021-022; and

Page 268 of 484 ends

4 DEAND\05000.20009\10298958.4
WHEREAS, in connection with the adoption of Ordinance No. 3321, the City Council approved a Negative Declaration (“Neg Dec”), which was prepared pursuant to California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”), the State CEQA Guidelines and the City of Corona Local CEQA Guidelines and which included an analysis of the environmental impacts of the rules and regulations set forth in this Resolution. The Negative Declaration indicated that all potential environmental impacts from the adoption of such rules and regulations were less than significant.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF CORONA, CALIFORNIA, AS FOLLOWS:

SECTION 4. Repeal of Resolution No. 2021-021. Resolution No. 2021-021 is hereby repealed and of no further force or effect.

SECTION 6. Effective Date. The Mayor shall sign this Resolution and the City Clerk shall attest thereto, and this Resolution shall take effect immediately.

Page 269 of 484 ends

5 DEAND\05000.20009\10298958.4
PASSED, APPROVED AND ADOPTED this 4th day of September 2024. ___________________________________
Mayor of the City of Corona, California
ATTEST:
____________________________________
City Clerk of the City of Corona, California

Page 270 of 484 ends

6 DEAND\05000.20009\10298958.4

AYES:

NOES:

ABSENT:

ABSTAINED:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Corona, California, this 4th day of September 2024.

_______________________________________
City Clerk of the City of Corona, California
(SEAL)

Page 271 of 484 ends

7 DEAND\05000.20009\10298958.4
EXHIBIT “A”
TO
RESOLUTION NO. 2024-092

STOREFRONT RETAILER AND/OR STOREFRONT RETAIL MICROBUSINESS

MAXIMUM NUMBER OF PERMITS
(CMC 5.36.060)

3. City Council Determination as of September 4, 2024. As of September 4, 2024, the City Council hereby determines to take the following action with respect to the maximum number of commercial cannabis permits available for storefront retailers and/or storefront retail microbusiness:

Maintain the Formula for the Maximum Number
Provided for in CMC 5.36.060(A)
OR
Set the Maximum Number at [INSERT NUMBER]

4. Current Maximum is 11. The maximum number of commercial cannabis permits available for storefront retailers and/or storefront retail microbusiness is now eleven (11), since the Department of Finance’s 2024 population estimate for Corona is 156,615.

Page 272 of 484 ends

8 DEAND\05000.20009\10298958.4
EXHIBIT “B”
TO
RESOLUTION NO. 2024-092

RULES AND REGULATIONS
FOR

PERMITTING COMMERCIAL CANNABIS BUSINESSES
(CMC § 5.36)

TABLE OF CONTENTS
(MAJOR SECTIONS)
I. PURPOSE.

II. AUTHORITY AND SCOPE; DEFINITIONS.

III. COMMERCIAL CANNABIS PERMIT APPLICATION
FOR ALL COMMERCIAL CANNABIS BUSINESSES.

A. Application Period.

B. Application Packet.

C. Application Fees.

D. Number of Applications.

E. Application Requirements.

IV. PHASE I OF APPLICATION REVIEW – PRELIMINARY APPROVAL.

A. Review Standard & Period.

B. Preliminary Approval – Storefront Retailers and Storefront Retail Microbusinesses.

C. Preliminary Approval – Non-Storefront Retailers, Manufacturers, Distributors, Testing Laboratories and Microbusinesses Other than Storefront Retail Microbusinesses..

V. PHASE II OF APPLICATION REVIEW – PROVISIONAL APPROVAL.

A. Provisional Approval – Storefront Retailers and Storefront Retail Microbusinesses.

B. Provisional Approval – Non-Storefront Retailers, Manufacturers, Distributors, Testing Laboratories and Microbusinesses Other than Storefront Retail Microbusinesses.

C. Commercial Cannabis Operational Agreement.

VI. PHASE III OF APPLICATION REVIEW – FINAL APPROVAL.

A. Conditions of Final Approval – All Permits.

B. Steps Following Forfeiture – Storefront Retailers and Storefront Retail Microbusinesses.

ATTACHMENT “A” Storefront Retail Merit-Based Evaluation Criteria.

Page 273 of 484 ends

9 DEAND\05000.20009\10298958.4
I. PURPOSE.

II. AUTHORITY AND SCOPE; DEFINITIONS.

III. COMMERCIAL CANNABIS PERMIT APPLICATION
FOR ALL COMMERCIAL CANNABIS BUSINESSES.

A. Application Period.

2. Non-Storefront Retailers, Manufacturers, Distributors, Testing Laboratories and Microbusinesses Other than Storefront Retail Microbusinesses. Applications for commercial cannabis permits for non-storefront retailers, manufacturing, distribution, testing laboratories and microbusiness other than storefront retail microbusinesses may be submitted at any time, so long as the City has not provided written notice on the City’s website that it will no longer be accepting applications.

Page 274 of 484 ends

10 DEAND\05000.20009\10298958.4
B. Application Packet.

1. Application Form. Section III(E)(1) below.

2. Premises Information. Section III(E)(2) below.

3. Business Plan. Section III(E)(3) below.

4. Operations Plan. Section III(E)(4) below.

5. Security Plan. Section III(E)(5) below.

6. Site/Floor Plan. Section III(E)(6) below.

7. Merit-Based Information (If Applicable). Section III(E)(7) below.

8. Live Scan/Background Checks. Section III(E)(8) below.

9. Additional Information. Section III(E)(9) below.

10. Application Fees. See Section III(C) below.

C. Application Fees.

All City fees related to an application for a commercial cannabis permit shall be as established by resolution of the City Council.

D. Number of Applications.

Page 275 of 484 ends

11 DEAND\05000.20009\10298958.4
E. Application Requirements.

Page 276 of 484 ends

12 DEAND\05000.20009\10298958.4
g Cannabis Activity Denials, Suspensions or Revocations. Whether the applicant or any owner, officer, or manager of the commercial cannabis business has, within the previous five (5) years, been denied the right to conduct any commercial cannabis activity in any jurisdiction and/or whether such person’s authorization to conduct any commercial cannabis activity in any jurisdiction has been suspended or revoked. The applicant shall provide the type of license or permit applied for, the name of the licensing/permitting authority that denied, suspended or revoked the application, the date of denial, suspension, or revocation, the length of suspension, if applicable, and the basis of the denial, suspension, or revocation. h. Criminal Convictions. Whether the applicant or any owner, officer, or manager of the commercial cannabis business has been convicted of any of the following charges:
(i) Any felony offense within the previous 10 years.
(ii) A crime involving the use of money to engage in criminal activity within the previous 10 years.
(iii) Unlawful possession or use of a firearm within the previous 10 years.
(iv) Drug-related misdemeanor (other than cannabis) within the previous 3 years.
i. State Law Compliance. As much as possible, a detailed description of how the applicant will meet the requirements of the state cannabis laws, including, but not limited to, track-and-trace, inventory, returns, destruction of products, waste management, environmental sustainability, records retention, and operational requirements. j. Insurance Compliance. Evidence that applicant has or will be able to obtain and maintain the following amounts and types of insurance, as required by CMC § 5.36.170:
(i) Commercial General Liability with a limit of $1,000,000 per occurrence/aggregate. Such insurance policy shall name the City and its directors, officials, officers, employees, agents, and volunteers as additional insureds by endorsement with respect to the operation of the commercial cannabis business and compliance with Chapter 5.36, the state cannabis laws or any other applicable law.
(ii) Commercial/Business Automobile Liability with coverage for “any auto” and a limit of $1,000,000 per accident for bodily and property damage. (iii) Workers’ Compensation with limits as required by the Labor Code of the State of California.

Page 277 of 484 ends

13 DEAND\05000.20009\10298958.4
k. Labor Peace Agreement. An applicant shall attest that it has entered into a labor peace agreement and will abide by the terms of the agreement. For applicants who have not yet entered into a labor peace agreement, the applicant shall provide a notarized statement indicating the applicant will enter into and abide by the terms of a labor peace agreement as soon as reasonably practicable after issuance of a commercial cannabis permit. Once the applicant has entered into the labor peace agreement, the applicant shall provide the City Manager with a copy of the page of the labor peace agreement that contains the signatures of the union representative and the applicant. l. Required State Financial Information. To the extent the City Manager deems such information necessary and requests such information as part of the application process, the applicant shall provide all financial information required by the State of California on the State’s application form.
m. Defense and Indemnification. The applicant shall agree, to the fullest extent permitted by law, to defend (with counsel of City’s choosing), indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, to the extent arising out of, pertaining to, or incident to the process used by the City in making its decision to issue a commercial cannabis permit or approve the operation of the commercial cannabis business, the operation of the commercial cannabis business or the prosecution of the applicant, permittee, or any permittee representative for violation of federal law or the state cannabis laws, including without limitation the payment of all settlement amounts, expert witness fees and attorney’s fees and other related costs and expenses, as required by CMC § 5.36.220.

Page 278 of 484 ends

14 DEAND\05000.20009\10298958.4
b. Zoning Compliance. Evidence that the premises are located in a zoning district where commercial cannabis businesses are permitted pursuant to Title 17 of the CMC and that the premises satisfy the separation requirements set forth in CMC § 5.36.070. c. Property Owner Information. The name, address, telephone number and email address of the record owner of the premises where the commercial cannabis activity is proposed to be conducted if different than the applicant. If the applicant is the record owner of the premises where the commercial cannabis activity is proposed to be conducted, the applicant shall provide a copy of the title or deed to the premises.
d. Property Owner Affidavit. If the applicant is not the record owner of the premises where the commercial cannabis activity is proposed to be conducted, an affidavit from the record owner of the premises acknowledging that the premises are available for operation by the applicant of the type of commercial cannabis activity described in the applicant’s application.

4. Operations Plan. The applicant shall submit an operations plan that contains, at a minimum, the following information:

Page 279 of 484 ends

15 DEAND\05000.20009\10298958.4
a. Schedule for Opening. A schedule for beginning operations, including planning and completion of any proposed construction and improvements. b. Staffing, Training & Education. A description of staffing levels, employee training, and consumer education.
c. Standard Operating Procedures. A description of standard operating procedures for daily operations, including, but not limited to, mechanisms for ensuring compliance with state and local laws.
d. Air Quality/Odor Control. A description of the ventilation and air purification (odor) control system proposed to be used at the premises.

Page 280 of 484 ends

16 DEAND\05000.20009\10298958.4
a. Details. All boundaries, dimensions, entrances and exits, interior partitions, walls, rooms, windows, and doorways.
b. Activity Locations. Identification of the principal activity to be conducted in each area of the premises.
c. Limited Access Area. Identification of all limited-access areas.

IV. PHASE I OF APPLICATION REVIEW – PRELIMINARY APPROVAL.

A. Review Standard & Period.

2. Review Period. The City Manager shall grant application clearance or reject the application within twenty (20) business days of the City’s receipt of the results of the live

Page 281 of 484 ends

17 DEAND\05000.20009\10298958.4
scan/background check for all owners, officers, managers and proposed employees of the commercial cannabis business. The twenty (20) business day period may be extended by the City Manager for up to ten (10) additional business days, if necessary, to complete the review and investigation.

B. Preliminary Approval – Storefront Retailers and Storefront Retail Microbusinesses.

Page 282 of 484 ends

18 DEAND\05000.20009\10298958.4
g. Live Scan/Background Checks. The City has not received the live scan/background check results for all owners, officers, managers and any proposed employees of the commercial cannabis business.
h. Criminal Convictions. The applicant or any owner, officer or manager has been convicted of any of the following charges:
(i) Any felony offense within the past ten (10) years;
(ii) A crime involving use of money to engage in criminal activity within the past ten (10) years;
(iii) Unlawful possession or use of a firearm within the past ten (10) years; or
(iv) Drug-related misdemeanor (other than cannabis) within the past three (3) years.
i. Drug Probation or Parole. The applicant or any owner, officer or manager is on probation or parole for the sale of drugs (other than cannabis). j. Cannabis Activity Denials or Revocations. The applicant or any owner, officer, or manager of the commercial cannabis business has, within the previous five (5) years, been denied the right to conduct any commercial cannabis activity in any jurisdiction for any reason substantially similar to the reasons described in CMC § 5.36.130(A) and/or such person’s authorization to conduct any commercial cannabis activity in any jurisdiction has been revoked for any reason or suspended for a period of thirty (30) days or more for any reason substantially similar to the reasons described in CMC § 5.36.130(A). Notwithstanding the foregoing, this subsection (j) does not apply to an applicant or any owner, officer, or manager of the commercial cannabis business who was not issued a permit to conduct a commercial cannabis activity solely as a result of not being selected during a lottery or competitive process. k. Zoning Non-Compliance. The premises are located in a zoning district where commercial cannabis businesses are not permitted, pursuant to Title 17 of the CMC, or that do not satisfy the separation requirements set forth in CMC § 5.36.070. If the applicant for a storefront retailer and/or a storefront retail microbusiness identifies more than one potential premises in the application, any potential premises that are not located in a zoning district where commercial cannabis businesses are permitted pursuant to Title 17 of the CMC, or that do not satisfy the separation requirements set forth in CMC § 5.36.070 will not be considered or reviewed as part of the merit-based evaluation process set forth in Section IV(B)(4) below. l. Non-Compliance with Any Law or Other Legal Requirement. The premises or the operation of the applicant’s commercial cannabis business, as described in its application, would fail to comply with any provision of the CMC, these rules and regulations, any rules,

Page 283 of 484 ends

19 DEAND\05000.20009\10298958.4
regulations, standards, policies and other requirements adopted by the City Manager, or any state law or regulation.

5. Ranking of Applicants.
a. Written Ranking. Upon completion of the interview process, the independent consultant selected by the City Manager shall produce a written ranking of the applicants from highest to lowest, based upon the combined total points allocated to each

Page 284 of 484 ends

20 DEAND\05000.20009\10298958.4
application using the Storefront Retail Merit-Based Evaluation Criteria. The ranking shall be prepared in a written form which has been approved by the City Manager. The written ranking shall include the points allocated to each applicant by each individual scorer selected by the independent consultant and shall be signed or initialed by the independent consultant, acknowledging that the points are accurate and the ranking represents the final decision. b. Notice of Ranking. The written ranking shall be posted on the City’s website and served on each applicant, either personally or by electronic mail addressed to the email address listed on the application. c. No Appeal. The final ranking shall be final and shall not be subject to appeal.
d. Expiration of Ranking. The final ranking shall not expire unless and until the City Council, in its sole and absolute discretion, determines that it should expire. If the City Council determines that the final ranking will expire on a date certain, the City shall, at least one hundred and eighty (180) calendar days prior to the determined expiration date, take the following actions: (i) post on its website written notice of the expiration date; and (2) deliver written notice of the expiration date to all applicants on the final ranking, either personally or by first class mail sent to each applicant’s address as listed on their application.

6. Preliminary Approval. An application for a storefront retailer commercial cannabis permit or a storefront retail microbusiness commercial cannabis permit shall receive preliminary approval once it is placed on the written ranking form.

7. Advancement to Phase II – Provisional Approval. An application which receives preliminary approval pursuant to this Section IV(B) shall advance to Phase II of Application Review (Provisional Approval) set forth in Section V.

C. Preliminary Approval – Non-Storefront Retailers, Manufacturers, Distributors, Testing Laboratories and Microbusinesses Other than Storefront Retail Microbusinesses.

Page 285 of 484 ends

Corona City CouncilSeptember 4, 2024

Corona City Council
September 4, 2024