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Domestic Quotation
Quotation No. 3296589
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CITY OF DELANO
STAFF REPORT January 18, 2022
Agenda Item: 10
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Roman Dowling, Public Works Director/City Engineer
SUBJECT: Resolution establishing a “No Parking Zone At Any Time” on both sides of Norwalk St. from its intersection at 14th Avenue north to its intersection with Cecil Avenue.
Recommendation
Resolution establishing a “No Parking Zone At Any Time” on both sides of Norwalk St. from its intersection at 14th Avenue north to its intersection with Cecil Avenue.
Discussion
There are pedestrian safety issues in this area related to the student pickup and drop off at Cecil Avenue Middle School that will be partially mitigated by the installation of a twoway left turn lane along the length of Norwalk St. from Cecil Ave. to 14th Ave. The installation of No Parking signs is needed to carry this out given the narrow street.
Other measures currently being investigated include modification of signal/crosswalk timing at the Norwalk/Cecil signal, location of speed limit signs on Cecil Ave., additional crosswalk across 14th Ave. at Norwalk St., and internal circulation of parent pick-up and drop-off alternatives in the school parking lot to preclude queuing on 14th and Norwalk.
Budget Impact
The Current street budget includes enough funds and resources to install “No Parking At Any Time” signs at this location.
Attachments
Quote
RESOLUTION NO. 2022 –
RESOLUTION OF THE CITY COUNCIL OF CITY OF DELANO ESTABLISHING A NO PARKING AT ANY TIME ZONE ON NORWALK ST., FROM 14TH TO CECIL AVE., PER CITY CODE SECTION 10.16.200.
WHEREAS, Norwalk St., from 14th Avenue to Cecil Avenue is often congested during student pickup and drop-off times, causing pedestrian safety issues, and WHEREAS, a two-way left turn lane would partially mitigate congestion, and WHEREAS, The City Engineer has determined that for health and safety reasons that a No Parking At Any Time Zone should be established for both sides of Norwalk St., from its intersection with 14th Avenue north to its intersection with Cecil Avenue, and WHEREAS, City Municipal Code section 10.16.200 provides that the City Council may establish Parking Zones by Ordinance or Resolution, and
WHEREAS, the State of California Vehicle Code Section 22507 provides that a local government may place parking restrictions by Ordinance or Resolution.
NOW THEREFORE, BE IT RESOLVED,
1. A No Parking Zone At Any Time shall be established for both sides of Norwalk St., from its intersection with 14th Avenue north to its intersection with Cecil Avenue.
2. The City Manager shall have installed Traffic Signs designating this location as “No Parking At Any Time” enforceable 60 days from the adoption date of this resolution.
PASSED AND ADOPTED by the City Council of the City of Delano at a regular meeting held on the 18th day of January, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN: ____________________
Bryan Osorio, Mayor
Attest
_______________________
Ricardo G. Chavez, City Clerk
CITY OF DELANO
STAFF REPORT
January
January 18, 2022
Agenda Item: 11
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Roman Dowling, PE, Public Works Director/City Engineer SUBJECT: Approval of Professional Services Agreement with Edgar & Associates for assistance with SB 919 and SB 1383 Compliance
RECOMMENDATION
Approval of Professional Services Agreement with Edgar & Associates for assistance with SB 919 and SB 1383 Compliance
DISCUSSION
Edgar & Associates prepared the SB 1383 Action Plan for the City of Delano in 2021, there are three additional items needed for full compliance with the new law:
1. SB 619 – Notice of Intent to Comply which allows the City to phase in SB 1383 during 2022 without being subject to administrative penalties which must be submitted by March 1, 2022.
2. CalRecycle Local Government Grant where the City may receive up to $80,000 for SB 1383 programs which will be issued in January 2022 for February 2022 submittal.
3. Initial Jurisdiction Compliance Report due on April 1, 2022, on the status of SB 1383 implementation
FISCAL IMPACT
The amount of $14,000.00 is not in the current Solid Waste Fund budget; it is recommended that line item 71-5524-540 (professional services) be increased by said amount to cover this expense; the CalRecycle grant for $80,000 being applied for through this effort will offset the cost.
S:\CITY HALL\Engineering\NEW ENGINEERING\General\Council\2022 Staff Reports\01-18-2022\Award SB 1383 Compliance_Evan Edgar\SR_SB 619- SB1383 Compliance.docx Attachments:
Contract
Proposal as Exhibit A
1 Agreement for Professional Services
By means of this agreement between the City of Delano, a municipal corporation (“City”) 1015 Eleventh Avenue, Delano, CA 93215 and Edgar & Associates (“Consultant”) made this 18th day of January , 2022.
Recitals
WHEREAS, Consultant represents that Consultant is experienced and well qualified in the field of waste management; and
WHEREAS, the City desires to contract with Consultant, to have Consultant perform professional services for a project known and described as “SB 619/ SB 1383 Compliance” in the City of Delano in Kern County (Project) hereinafter called the “Project.” NOW THEREFORE, incorporating the foregoing Recitals herein, and for good and valuable consideration, the adequacy of which is acknowledged, the City and Consultant mutually agree as follows:
Agreement
1. Scope of Work: Consultant agrees to provide and perform certain professional services for the City in connection with the Project as set forth in Exhibit A attached hereto and incorporated by this reference. Consultant shall complete the professional services required hereunder in accordance with the prevailing engineering standard of care by exercising the skill and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of California.
2. Time and Order of Work: The format of the work approach and work plan shall be as set forth in Exhibit A. Consultant shall complete all work and service assigned in a timely and professional workman like manner.
3. Compensation: The cost for services including approved reimbursable expenses, for shall be as set forth in Exhibit A. Such costs shall be consistent with Consultants then current fee schedule, a copy of which is attached as Exhibit A and incorporated herein by reference as if fully set forth at length. Consultant shall only be reimbursed for expenses related to the services provided as specified and set forth in Exhibit A. Any additional services provided by Consultant, including, but not limited to, services provided as a result of a change in instructions from the City, changes in law, rule or regulation, attendance at any public hearings, or otherwise beyond the scope of the Project shall be performed only after the execution by City and Consultant of a written Professional Services Authorization (PSA) specifically authorizing such Additional Services.
4. Payment Procedure:
2 (A) Consultant shall be paid for work and services rendered after receipt of an itemized invoice for the work to be submitted monthly, completed and approved by the City.
Invoices shall be detailed and supported with documentation. (B) Payments shall be made by the City within thirty (30) days after receipt and approval of the Consultant’s itemized invoice by the City unless the work or services being billed for are unacceptable to the City.
5. City’s Responsibilities:
(A) The City shall designate a representative authorized to act on its behalf with respect to orderly execution of this Agreement. The City, or its representatives, shall promptly render decisions pertaining to the progress of the work to avoid unreasonable delay in the progress of the work services to be provided herein by the Consultant.
(B) The City shall furnish the Consultant available studies, reports and other data pertinent to the Consultant’s services; obtain or authorize the Consultant to obtain or provide additional reports and data as required; furnish to the Consultant services of others required for the performance of the Consultant's services hereunder, and the Consultant shall be entitled to use and rely upon all such information and services provided by the City or others in performing the Consultant's services under this Agreement.
(C) The City shall arrange for access to and make all provisions for the Consultant to enter upon public and private property as required for the Consultant to perform services hereunder.
6. Insurance:
(A) Consultant shall procure and maintain for the duration of this Agreement, the following types and limits of insurance prior to the commencement of work by the consultant.
1) Worker’s Compensation Insurance with statutory limits as required by Statutory Law.
2) Commercial General Liability with a combined single limit for bodily injury and property damage of not less than one million dollars ($1,000,000.00) per occurrence to protect the Consultant against claims for bodily injury or death and damage of property of others. This shall cover the use of all equipment, hoist and vehicles on the site(s) not covered by automobile liability under subsection (3) below. If the Consultant has a “claims made” policy, then the following additional requirements apply: The policy must provide a “retroactive date” which must be on or before the execution date of the Agreement; and the extended reporting period may be less than five (5) years following the completion date of this Agreement.
3 3) Automobile Liability Insurance on owned and non-owned motor vehicles used on the site(s) or in connection therewith for a combined single limit for bodily injury and property damage of not less than one million dollars ($1,000,000.00) per occurrence.
4) Professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant’s Services under this Agreement by Consultant or its employees.
The amount of this insurance shall not be less than two million dollars ($2,000,000.00) on a combined and single-limit per claim basis. (B) All policies shall contain the following endorsement: An endorsement providing Delano within thirty (30) days written notice of cancellation or reduction of coverage in any policy, policy language or terms.
(C) All liability insurance policies required of the Consultant hereunder except professional liability, shall be primary insurance and shall name City, its officers, employees and agents as additional insured.
7. Termination of Agreement:
(A) The City may, by thirty (30) days advance written notice to consultant, terminate this Agreement, in whole or in part, at any time. Upon receipt of such notice of termination by the City, the Consultant shall discontinue all services (unless the notice directs otherwise) and deliver to the City all data, reports, estimates and such other information, materials and work product as may have been accumulated by the Consultant in performing the work and services as set forth in this Agreement. (B) If termination is for the convenience of the City, or otherwise without cause, the Consultant shall be entitled to compensation for all work performed to date of notice of termination or upon termination. Compensation for work shall be in accordance with work completed as set forth in Exhibit A, but shall not be for an amount exceeding that indicated in any approved Task Orders, PSA or other written agreement between the parties.
(C) If termination is due to the failure of the Consultant to fulfill the obligations under this Agreement, the City may request that Consultant deliver to it, in the manner and to the extent directed by the City, any work described above, and compensation for work so delivered and accepted by the City shall be the actual payments authorized by the City.
8. Indemnity:
(A) Indemnity for Professional Liability: When the law establishes a professional standard of care for Consultant’s Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City and any and all 4 of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent the Consultant (and its Sub consultants), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Consultant (and its Sub consultants) and the City in the performance of professional services under this agreement.
(B) Indemnity for Other Than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or City for which Consultant is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Consultant.
9. Assignment: Except for sub-consultants, as provided in Section 10(O), Consultant shall not assign or transfer any interest in this Agreement except claims for monies due or becoming due from the City under this Agreement may be assigned to a bank, trust company or other financial institution of Consultant’s choosing.
10. Miscellaneous:
(A) In connection with the performance of work under this Agreement, Consultant agrees not to discriminate against any employee or applicant because of race, sex, color, religion, handicap, age, or national origin.
(B) No member, officer or employee of the City, or member of the City Council no other public official of such locality of localities who exercise any functions or responsibilities, with respect to this Agreement, shall, during his/her tenure, and for the year thereafter, have any interest, direct, or indirect, in this Agreement or its proceeds.
(C) The Consultant has not employed any person to solicit or secure this Agreement upon any agreement for commission, percentage, brokerage, or contingent fee. (D) In the unlikely event of a dispute arising under this Agreement, Consultant shall notify the City promptly in writing of its contentions and submit its claims within five (5) business days from the date of such claim. If the dispute arises before the performance of the related work, the written notice shall be submitted prior to commencing such work. In any event, the Consultant shall proceed with the work hereunder in compliance with the instructions of the City, but such compliance shall 5 not constitute waiver of the Consultant’s rights to make a claim, provided Consultant has notified the City in writing as set forth above. (E) All documents, data, reports and test reports (the “Documents”) that are a part of the work and services by Consultant under the terms of this Agreement, shall be the property of the City; provided, however, that Consultant does not transfer or waive its intellectual property rights it may have in the Documents or to use the Documents in relation to projects beyond the scope of the applicable Project, without the written approval of Consultant. Should the City or any successor in interest modify the Documents or Consultant’s work product without the prior consent of Consultant, Consultant shall be relieved from all resulting liability and the City shall indemnify, protect, hold harmless and defend Consultant from any such claim that results with respect to the unauthorized use. The Consultant's instruments of service hereunder are the printed hard copy reports, drawings and specifications issued for the Project, whereas electronic media, including CADD files, are tools for their preparation. As a convenience to the City, the Consultant shall furnish to the City both printed hard copies and electronic media. In the event of a conflict in their content, the printed hard copies shall take precedence over the electronic media. Because data stored in electronic media form can be altered, inadvertently, it is agreed that the City shall hold the Consultant harmless from liability arising out of changes or modifications to the Consultant's data in electronic media form in the City's possession or released to others by the City. (F) This Agreement, the Project as set forth in Exhibit A, and PSA, if applicable, constitute the entire agreement between the parties and supersede any and all agreements, either oral or written, between the parties hereto with respect to the rendering of services by Consultant for the City and contains all covenants and agreements between the parties with respect to rendering of such services. Any modification of this Agreement will be effective only if it is in writing signed by the party to be charged.
(G) If any provision in this Agreement is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. (H) If any actions at law or in equity, including any actions for declaratory relief is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorney’s fees, which may be set by the Court in the same action, or in a separate action, brought for that purpose, in addition to any other relief to which that party may be entitled. Any lawsuit pertaining to any to pertaining to any matter arising under, or growing out of this Agreement shall be instituted in Kern County, California.
(I) This Agreement will be governed by and construed in accordance with the laws of the State of California.
6 (J) Upon at least forty-eight (48) hours advance written notice, records, books, documents and papers of the Consultant shall be made available to the City or any of its duly authorized representatives at Consultants regular place of business and during regular business hours, to examine, audit or otherwise review such records pertaining to the services provided under this Agreement. (K) Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to perform the work and services it is required to perform under this Agreement.
(L) Each and every provision of the law or clause required by law to be inserted herein in this Agreement shall be deemed to be inserted herein and the Agreement shall be read and enforced as though it were included herein and if, through mistake, or otherwise, any such provision is not inserted or is not correctly inserted, then upon application of either party, this Agreement shall be physically amended to make sure insertion or correction.
(M) This Agreement calls for the performance of the services of Consultant as an independent contractor, and Consultant will not be considered an employee of the City for any purpose, and is not entitled to any of its benefits provided by the City to its employees. This Agreement shall not be construed as forming a partnership or any other association with Consultant other than that of an independent Contractor. Consultant shall have no authority beyond that given in this Agreement to act on behalf of the City as an agent, nor to bind the City to any contracts or obligations.
(N) Each individual executing this Agreement represents that they are duly authorized to execute and deliver this Agreement on behalf of the organization or corporation named herein and this Agreement is binding upon said corporation or organization in accordance with its terms.
(O) Consultant is authorized to use sub-consultants for the completion of the work, at Consultant’s own cost and expense as Consultant deems necessary to fulfill its duties, obligations and responsibilities under this Agreement. Consultant’s subconsultants shall comply fully with the terms of this Agreement, including, but not limited to, the insurance requirements, as applicable to the portion of the work or services performed by them.
(P) All notices, requests, demands, consents, instructions or other communications hereunder shall be in writing (which shall include e-mail or telefax) and shall be deemed to have been given or made on (A) the day of confirmed dispatch if sent by e-mail or telefax and if such day is a business day (otherwise on the first business day thereafter), (B) the day of delivery thereof to the telegraph office if sent by telegraph and if such day is a business day (otherwise on the first business day thereafter), (C) three (3) business days after deposit in the U.S. mail, if sent by certified mail, postage prepaid, return receipt requested, or (D) on the next business 7 day if sent by overnight personal delivery, in each case addressed to the party to which such notice is requested or permitted to be given or made hereunder, at the address and/or numbers set forth underneath such party's signature line to this Agreement, or to such other address of which such party shall have notified in writing the party giving such notice. As used herein, the term "business days" shall mean the hours of 9:00 a.m. through 4:00 p.m. of each Monday through Friday during the term of this Agreement, excepting Saturdays, Sundays and legal holidays observed by the State of California.
(Q) Time is of the essence under this Agreement.
(R) The Consultant shall not be responsible for warranties, other than those specifically stated elsewhere herein, guarantees, fitness for a particular purpose, breach of fiduciary duty, loss of anticipated profits or for economic, incidental or consequential damages to the City or any third party arising out of breach of contract, termination, or for any other reason whatsoever. Additionally, Consultant shall not be responsible for acts and decisions of third parties, including governmental agencies, other than Consultant’s sub consultants, that impact project completion and/or success.
(S) The services to be performed by the Consultant are intended solely for the benefit of the City. No person or entity not a signatory to this Agreement shall be entitled to rely on the Consultant's performance of its services hereunder, and no right to assert a claim against the Consultant by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of the Consultant's services hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first above written.
CITY OF DELANO Evan WR Edgar, Principal
Maribel Reyna, City Manager
________________________
ATTEST APPROVED AS TO FORM
Ricardo Chavez, City Clerk Rachel H. Richman
City Attorney
Attachments: Exhibit A, Scope of Services Proposal
1 | Page
January 3, 2022
Mr. Roman Dowling, PE
Public Works Director/City Engineer
1015 Eleventh Avenue
P.O. Box 3010
Delano, CA 93216-3010
RE: SB 619/SB 1383 Compliance Proposal
Dear Mr. Dowling,
The City hired Edgar & Associates to prepare the SB 1383 Action Plan under Purchase Order No. 410100097 in the amount of $34,500, That work is being finished up with some program design and is at the budget amount. The SB 1383 Action Plan will be finished by the end of January 2022 within the budget amount.
There are three follow-up Scope of Works where Edgar & Associates is requesting a new Purchase Order in the amount of $14,000 for the following items.
1. SB 619 – Notice of Intent to Comply which allows the City to phase in SB 1383 during 2022 without being subject to administrative penalties which must be submitted by March 1, 2022.
2. CalRecycle Local Government Grant where the City may receive up to $80,000 for SB 1383 programs which will be issued in January 2022 for February 2022 submittal.
3. Initial Jurisdiction Compliance Report due on April 1, 2022, on the status of SB 1383 implementation
Scope of Work No. 1 - SB 619 – Notice of Intent to Comply Jurisdictions that are struggling to implement the regulations due to the COVID-19 pandemic, and are facing continuing violations and administrative civil penalties, and may submit to CalRecycle a Notification of Intent to Comply (notification) by March 1, 2022. By filing, the city would not be subject to penalties. The notification should include the following documents to be prepared by Edgar & Associates:
• An application form
2 | Page
• A resolution adopted by the jurisdiction’s governing body – Planning for a Feb. 7, 2022, City Council agenda date
Notification Content
A jurisdiction shall, at minimum, include the following in its notification:
1. A detailed description of the continuing violations.
2. A detailed explanation of the reasons, supported by documentation, why the jurisdiction is unable to comply.
3. A description of the impacts of the COVID-19 pandemic on compliance.
4. A description of the proposed actions the jurisdiction will take to remedy the violations within the timelines established in 14 CCR section 18996.2 with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner.
Resolution
The governing body of a jurisdictions shall adopt a resolution affirming the contents and timeline of its Notification of Intent to Comply in order to avoid administrative civil penalties.
Approval Process
CalRecycle will review each request within 45 business days of receiving a notification of intent to comply to ensure that it is complete and accurate. If the notification is not complete or accurate, CalRecycle will contact the person submitting the notification for clarification.
CalRecycle will respond in writing to a jurisdiction within 45 business days of receiving a notification of intent to comply with one of the following responses:
1. Approval
2. Disapproval
a. If CalRecycle disapproves the notification, CalRecycle will include the reasons for disapproval.
3. Request for additional information
4. Timeline for a decision on approval or disapproval.
When CalRecycle approves a jurisdiction’s notification, the jurisdiction may be eligible for both of the following:
1. Administrative civil penalty relief for the 2022 calendar year pursuant to 14 CCR 42652.5(d).
2. A corrective action plan pursuant to 14 CCR section 18996.2. a. CalRecycle may address through a corrective action plan any violations disclosed in a jurisdiction’s notification that will take more than 180 days to correct. In this situation, the proposed actions and schedule in the jurisdiction’s approved notification will be in effect until a corrective action plan is issued.
CalRecycle may establish any maximum compliance deadline in a corrective action plan that it determines to be necessary and appropriate under the circumstances for the correction of a 3 | Page
violation of the regulations. CalRecycle may address through a corrective action plan any violations disclosed in a jurisdiction’s notification that may take more than 180 days to correct.
Waiving Administrative Civil Penalties
CalRecycle may waive administrative civil penalties for the violations if the jurisdiction implements the actions proposed in the notification to remedy the violations.
For violations that commence during the 2022 calendar year and continue into the 2023 calendar year, administrative civil penalties may begin accruing as of January 1, 2023.
Those administrative civil penalties accruing on and after January 1, 2023, shall be waived upon complete compliance with the terms of a corrective action plan. Note: If a jurisdiction fails to adhere to the proposed actions and schedule described in the approved notification, then CalRecycle may revoke its approval and impose administrative civil penalties for violations occurring during the 2022 calendar year retroactive to the date of violation.
Scope of Work No. 2 - CalRecycle Local Government Grant Staff will post a Notice of Funds Available on CalRecycle’s website that includes the funding in January 2022 with eligibility requirements, deadlines, and other important information.
January 2022: Application Release
February 2022: Application Due Date
April 2022: Grants Awarded
This can be packaged up on Feb. 7, 2022, to adopt a Resolution when you go to the City Council for SB 619, and adopt the Enforcement Ordinance, as that must be adopted by April 1, 2022, to be eligible for all of the potential funding of about $80,000.
Guidelines and Requirements
• Indirect cost cap of 10 percent
• Detailed project summary required (specifics on activities) • No cap on personnel
• Resolutions required from City
• Two-year term
• Progress reports (every six months) and a final report • Payments will be advanced
• Applicants must identify the status of adopting an enforceable ordinance(s), or similarly enforceable mechanism (e.g., first reading at council/board meeting, second reading, adoption). o Applicants who certify they will adopt and submit an ordinance to CalRecycle by April 1, 2022, will be eligible to receive funding in the first round (Spring 2022). In addition, the first round of awardees may be eligible to receive additional remaining funds from entities who did not apply.
• For applicants who adopt and submit an ordinance after April 1, 2022, awards will be delayed to the second round (next fiscal year). The term will be two years. 4 | Page
Scope of Work No. 3 - Initial Jurisdiction Compliance Report Edgar will assist in compiling information to assist in preparing the Initial Jurisdiction Compliance Report where each jurisdiction shall report to CalRecycle on its implementation and compliance by April 1, 2022, with a copy of ordinances or other enforceable mechanisms adopted pursuant to this chapter and the following information:
(1) The type of organic waste collection service(s) provided by the jurisdiction to its generators.
(2) The total number of generators that receive each type of organic waste collection service provided by the jurisdiction.
(3) If the jurisdiction is implementing an organic waste collection service that requires transport of the contents of containers to a high diversion organic waste processing facility, the jurisdiction shall identify the Recycling and Disposal Reporting System number of each facility that receives organic waste from the jurisdiction. (4) If the jurisdiction allows placement of compostable plastics in containers the jurisdiction shall identify each facility that has notified the jurisdiction that it accepts and recovers that material.
(5) If the jurisdiction allows organic waste to be collected in plastic bags and placed in containers the jurisdiction shall identify each facility that has notified the jurisdiction that it can accept and remove plastic bags when it recovers source separated organic waste.
Budget Estimate
Edgar & Associates proposes to work on a time and materials basis using the Standard Rate Schedule on the next page, for a not to exceed budget of $14,000. We look forward to working with you on these efforts.
Please call at me at (916) 444-5345 should you have any questions.
Very truly yours,
Evan WR Edgar
Principal
5 | Page
EA’s STANDARD RATE STRUCTURE is provided below.
Edgar & Associates, Inc. Standard Rate Structure
PROFESSIONAL SERVICES HOURLY RATE
Principal $265.00/hour
Project Manager $195.00/hour
Sustainability Manager $175.00/hour
Resource Economist $155.00/hour
Graphic Design Specialist $130.00/hour
Resource Management Specialist $110.00/hour
Research Assistant/Planning Associate $95.00/hour
S:\CITY HALL\Engineering\NEW ENGINEERING\General\Council\2022 Staff Reports\01-18-2022\READY Approve Large Open POs for Water\SR_Approve Open Purchase Orders for Water_1.6.22_R.docx
CITY OF DELANO
STAFF REPORT
January
January 18, 2022
Agenda Item: 12
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Roman Dowling, P.E., Public Works Director/City Engineer SUBJECT: Approval of Large Open Purchase Orders for the Water Division for January through June of 2022.
RECOMMENDATION
Approval of Large Open Purchase Orders for the Water Division for January through June of 2022.
DISCUSSION
The Water Division continuously procures materials and equipment to maintain the City’s potable water system, including water treatment and disinfection chemicals, water meter replacements, water line replacements, and water well repair parts. In order to best serve the rate payer’s needs in a practical and efficient manner, the City periodically approves open purchase orders for these purchases. The following is a list of requested open purchase orders from four vendors:
Vendor Description Fund Object Dept. Amount Total PO
Brenntag
Pacific
Water treatment and
disinfection chemicals
73 5712 720 $90,000 $90,000
Badger
Meter
Water meter replacements 08 80AY ARP $200,000 $200,000
Ferguson Water service and meter
replacement
08 80AY ARP $220,000 $375,000
Waterline replacement 08 91AK ARP $75,000
Waterline repairs 73 5710 720 $75,000
Water well repair parts 73 5520 720 $5,000
Univar Water treatment
chemicals
73 5717 720 $75,000 $75,000
As required by Municipal Code Section 3.08.020, purchase orders over $35,000.00 need city council approval.
FISCAL IMPACT:
There are sufficient funds in the accounts listed to cover the expenses requested in the listed open purchase orders, it is requested that these be issued.
S:\CITY HALL\Engineering\NEW ENGINEERING\General\Council\2022 Staff Reports\01-18-2022\READY Approve Ferguson fittings purchase for meter project\SR_Approve Purchase of fittings for water meters_1.6.22.docx
CITY OF DELANO
STAFF REPORT
January
January 18, 2022
Agenda Item: 13
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Roman Dowling, P.E., Public Works Director/City Engineer SUBJECT: Approval of purchase order from Ferguson for fittings needed to install 1,000 water meters totaling $355,694.91.
RECOMMENDATION
Approval of purchase order from Ferguson for fittings needed to install 1,000 water meters totaling $355,694.91.
DISCUSSION
The state required all cities to be fully metered by 2020, but due to a lack of funding, the City of Delano is still in the process of installing meters. The city is about 85% metered at this time, lacking about 1,000 residential water meters. This purchase will enable staff to bid out a contract for the installation (labor only) of 1,000 meters.
Staff obtained two quotes for these fittings: Core & Main for $377,935.39, and Ferguson for $355,694.91. Staff recommends the lowest quote from Ferguson be approved for purchase, since it meets all of the requirements and is the lowest price.
As required by Municipal Code Section 3.08.020, purchase orders over $35,000.00 need city council approval.
FISCAL IMPACT:
Account 90AY (Water Meters) in Fund 08-ARP has sufficient funds to cover the purchase order requested. The planned $502,063.50 purchase of 1,000 water meters qualifies as a water infrastructure expenditure under ARPA guidelines. A total of about $7 million of the city’s ARPA funds have been allocated for water infrastructure.
Attach: Quote from Core & Main
Quote from Ferguson
CITY OF DELANO
725 S. LEXINGTON
DELANO, CA 93216
Contact: ALLEN LUTZ
Job
MISC BRASS
Bid Date: 11/08/2021
Bid #: 2064135
Sales Representative
Shannon Ulrich
(M) 661-316-8594
(T) 661-393-2288
(F) 661-393-0439
[email protected]
Core & Main
4920 Lisa Marie Ct
Bakersfield, CA 93313
(T) 661-834-1162
11/08/2021 - 9:49 AM Actual taxes may vary Page 1 of 2
Bid Proposal for MISC BRASS
CUS
TOMER
CONTA
C
T NOTE
S
Seq# Qty Description Units Price Ext Price
DUE TO CURRENT SUPPLY CHAIN DISRUPTIONS, MATERIALS
ARE SUBJECT TO PRICING AT TIME OF SHIPMENT. MATERIAL
AVAILABILITY AND TIMELINESS OF SHIPMENTS CANNOT BE
GUARANTEED. THIS TERM SUPERSEDES ALL OTHER
CONTRACTUAL PROVISIONS.
10 1000 H14265N 1 AMV FIPXMN W/LW &CHK ANGLE MTR VLV NO LEAD EA 40.75 40,750.00 20 1000 74761-33 1 90 BEND PEPXPEP NO LEAD 5131-209 EA 68.50 68,500.00 30 1000 H10890N 1 METER CPLG 2-5/8L NL NO LEAD EA 12.85 12,850.00 40 500 H15426N 1 ADPT MIPXITIPS MIPXIPS INSTA-TITE NO LEAD EA 28.00 14,000.00 50 500 H15456N 1 CPLG FIPXITIPS FIP X INSTA-TITE IPS NO LEAD EA 23.65 11,825.00 60 12 WEEKS LEAD TIME
70 200 525-010500-003 3/4 COMP CPLG GALV 1.05 OD EA 16.25 3,250.00 80 200 525-013200-003 1 COMP CPLG GALV 1.32 OD EA 18.25 3,650.00 90 5-7 DAYS TO SHIP
100 500 1 BRASS 90 NO LEAD USA EA 16.25 8,125.00
110 0 STOCK- 4-8 WEEKS
120 2000 1 BRASS ST 90 NO LEAD USA EA 22.50 45,000.00
130 SOME AVAIL- B/O 4-8 WEEKS
140 1000 1 SCH40 FE AD HXFIPT 435-010 EA 0.45 450.00
150 500 1 PVC SCH40 90 FIPTXH 407-010 EA 0.73 365.00
160 1000 1X3/4 PVC S40 BUS SPXH 437-131 EA 0.52 520.00
170 400 1 PVC SCH40 90 HXH 406-010 EA 0.55 220.00
180 400 3/4 PVC SCH40 90 HXH 406-007 EA 0.30 120.00
190 400 1 PVC S40 CPLG HXH 429-010 EA 0.43 172.00
200 400 3/4 PVC SCH40 CPLG HXH 429-007 EA 0.25 100.00
210 3-5 DAYS TO SHIP
220 850 ARMORCAST A6000485 20K BOX TRAFFIC RTD BOX FOR 3/4" & 1" EA 70.50 59,925.00 230 1000 A60000484T-H10 AMR LID EA 71.75 71,750.00
240 90-110 DAYS LEAD TIME
250 12600 1X100' IPS PE 250PSI BLK SIDR7 TUBE COIL PE4710 FT 0.60 7,560.00 Sub Total 349,132.00
Tax 28,803.39
Total 377,935.39
UNLESS OTHERWISE SPECIFIED HEREIN, PRICES QUOTED ARE VALID IF ACCEPTED BY CUSTOMER AND PRODUCTS ARE RELEASED BY CUSTOMER FOR MANUFACTURE WITHIN THIRTY (30) CALENDAR DAYS FROM THE DATE OF THIS QUOTATION. CORE & MAIN LP
RESERVES THE RIGHT TO INCREASE PRICES TO ADDRESS FACTORS, INCLUDING BUT NOT LIMITED TO, GOVERNMENT REGULATIONS, TARIFFS, TRANSPORTATION, FUEL AND RAW MATERIAL COSTS. DELIVERY WILL COMMENCE BASED UPON MANUFACTURER LEAD TIMES. ANY MATERIAL DELIVERIES DELAYED BEYOND MANUFACTURER LEAD TIMES MAY BE SUBJECT TO PRICE INCREASES AND/OR APPLICABLE STORAGE FEES. THIS BID PROPOSAL IS CONTINGENT UPON BUYER’S ACCEPTANCE OF SELLER’S TERMS AND CONDITIONS OF SALE, AS MODIFIED FROM TIME TO TIME, WHICH CAN BE FOUND AT:
https://coreandmain.com/TandC/
11/08/2021 - 9:49 AM Actual taxes may vary Page 2 of 2
CITY OF DELANO
Bid Date: 11/08/2021
Core & Main 2064135
Core & Main
4920 Lisa Marie Ct
Bakersfield, CA 93313
Phone: 661-834-1162
Bid Proposal for MISC BRASS
From: [email protected]
To: Allen Lutz
Subject: FW: METER SERVICES
Date: Monday, November 8, 2021 11:12:30 AM
Let me know if you have any questions
Thank you
From: Jeff Hodson - 2777 NOCAL_WATERWORKS <[email protected]> Sent: Monday, November 8, 2021 11:10 AM
To: Jeff Hodson <[email protected]>
Subject: METER SERVICES
Price Quotation # B439672
FERGUSON WW BAKERSFIELD #2777
2900 FAIRHAVEN DRIVE
BAKERSFIELD, CA 93308-6125
Phone : 661-396-3230
Fax : 661-397-7429
Bid No.......:
Bid Date...:
Quoted By:
Customer.:
Cust PO#..:
B439672
11/04/21
RJH
CITY OF DELANO
PO BOX 3010
DELANO, CA 93216-3010
Cust Phone:
Terms.........:
Ship To.......:
Job Name.:
661-721-3303
NET 10TH PROX
CITY OF DELANO
PO BOX 3010
DELANO, CA 93216-3010
METER SERVICE
Item Description Quantity Net Price UM Total
MH14265NG LF 1 FIP X MTR ANG MTR ST 1000 41.156 EA 41156.00 M7476133G LF 1 PE X PE 90 BEND 1000 55.250 EA 55250.00
MH10890NG258 LF 1X2-5/8 MTR COUP 1000 12.969 EA 12969.00 MH15426NG LF 1 MIP X IPS INSTATITE COUP 500 28.260 EA 14130.00 MH15456NG LF 1 FIP X IPS INSTATITE COUP 500 23.875 EA 11937.50 S52500010500003 3/4 Z/PLT COMP COUP 200 16.023 EA 3204.60 S52500013200003 1 Z/PLT COMP COUP 200 18.091 EA 3618.20 BRLF9G LF 1 BRS 90 ELL 500 14.733 EA 7366.50
BRLFS9G LF 1 BRS ST 90 ELL 2000 19.326 EA 38652.00
P40SFAG 1 PVC S40 SXF ADPT 1000 0.586 EA 586.00
P40SF9G 1 PVC S40 SXF 90 ELL 500 0.971 EA 485.50
P40SBGF 1X3/4 PVC S40 SPXSLIP BUSH 1000 0.714 EA 714.00 P40S9G 1 PVC S40 SXS 90 ELL 400 0.714 EA 285.60
P40S9F 3/4 PVC S40 SXS 90 ELL 400 0.386 EA 154.40
P40SCG 1 PVC S40 SXS COUP 400 0.557 EA 222.80
P40SCF 3/4 PVC S40 SXS COUP 400 0.300 EA 120.00
AA6000485 12X20X12 RPM MTR BX 20K 850 68.120 EA 57902.00 AA6000484T10 12X20 RPM CVR W/ PROBE HOLE WTR *X 1000 69.450 EA 69450.00 AX21250300 1X300 250 PSI SIDR 7 NSF 12600 0.824 FT 10382.40 Subtotal: $328586.50
Inbound Freight: $0.00
Tax: $27108.41
Order Total: $355694.91
Item Code Description Notice
M7476133G LF 1 PE X PE 90 BEND ⚠ WARNING: This product can expose you to chemicals including lead, which is known to the State of California to cause cancer and birth defects or other reproductive harm. For mor information go to:
www.P65Warnings.ca.gov.
BRLF9G LF 1 BRS 90 ELL ⚠ WARNING: Cancer and Reproductive Harm WWW.p65warnings.ca.gov
BRLFS9G LF 1 BRS ST 90 ELL ⚠ WARNING: Cancer and Reproductive Harm WWW.p65warnings.ca.gov
P40SFAG 1 PVC S40 SXF ADPT ⚠ WARNING: Cancer and Reproductive Harm - www.P65warnings.ca.gov
P40SF9G 1 PVC S40 SXF 90 ELL ⚠ WARNING: Cancer and Reproductive Harm - www.P65warnings.ca.gov
P40SBGF 1X3/4 PVC S40 SPXSLIP BUSH ⚠ WARNING: Cancer and Reproductive Harm - www.P65warnings.ca.gov
P40S9G 1 PVC S40 SXS 90 ELL ⚠ WARNING: Cancer and Reproductive Harm - www.P65warnings.ca.gov
P40S9F 3/4 PVC S40 SXS 90 ELL ⚠ WARNING: Cancer and Reproductive Harm - www.P65warnings.ca.gov
P40SCG 1 PVC S40 SXS COUP ⚠ WARNING: Cancer and Reproductive Harm - www.P65warnings.ca.gov
P40SCF 3/4 PVC S40 SXS COUP ⚠ WARNING: Cancer and Reproductive Harm - www.P65warnings.ca.gov
Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE.
QUOTES FOR PRODUCTS SHIPPED FOR RESALE ARE NOT FIRM UNLESS NOTED OTHERWISE.
CONTACT YOUR SALES REPRESENTATIVE IMMEDIATELY FOR ASSISTANCE WITH DBE/MBE/WBE/SMALL BUSINESS REQUIREMENTS.
Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon Local, State and Federal laws governing type of products that can be sold or put into commerce. This Quote is offered contingent upon the Buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, or on the web at https://www.ferguson.com/content/website-info/terms-of-sale. Govt Buyers: All items quoted are open market unless noted otherwise.
LEAD LAW WARNING: It is illegal to install products that are not "lead free" in accordance with US Federal or other applicable law in potable water systems anticipated for human consumption. Products with *NP in the description are NOT lead free and can only be installed in non-potable applications. Buyer is solely responsible for product selection.
WATER FLOW RATE NOTICE: Lavatory Faucets with flow rates over 0.5 GPM are not allowed for 'public use' in California.
HOW ARE WE DOING? WE WANT YOUR FEEDBACK!
Enter the following link to complete a survey about your bids:
https://survey.medallia.com/?bidsorder&fc=2777&on=423938 da
CITY OF DELANO
STAFF REPORT
January 18, 2022
Agenda Item: 14
TO: Honorable Mayor and Members of the City Council
FROM: Maribel Reyna, City Manager
By: Roman Dowling, PE, Public Works Director/City Engineer SUBJECT: Award of contract for the 2022 10th Ave, Princeton, Thomas, Sewer & Water Replacement Project to JM Pipeline in the amount of $583,945.00 and authorize the City Manager to sign the construction contract.
Recommendation:
Award the contract for the 2022 10th Ave, Princeton, Thomas, Sewer & Water Replacement Project to JM Pipeline in the amount of $583,945.00 and authorize the City Manager to sign the construction contract.
Discussion:
The Water Distribution team responded to complaints of water main issues at the 1000 blocks of the Princeton Street and Thomas Street, where they discovered numerous leaks on the aged watermain. During the repairs the crews noted that the sewer main was also in poor condition in this area, also needing to be replaced.
The project involves the removal and replacement of the sewer and water mains on 10th Avenue from Princeton to Thomas Streets, and on Princeton and Thomas Streets from 10th to 11th Avenues. The project also includes the replacement of the sewer and water laterals, new water meters with boxes, and an asphalt concrete paving overlay which includes edge grinding, raising to grade valve boxes and manhole frames and covers, traffic striping, and other miscellaneous improvements.
The bids were opened on December 21, 2021, and the City received three (3) bids.
Contractor Bid Amount
JM Pipeline $583,945.00
Brough Construction $661,165.00
American Pipeline Services $675,600.00
Staff has checked the bids and verified that the low bid is complete and fulfills the contract requirements.
Fiscal Impact:
A contingency of $60,055.00 is requested (approximately 10%), bringing the total possible project cost to $644,000.00. Funds for this project were budgeted in the ARP Fund 08 (account 91AK) and Sewer Fund (account 91AY) within the current budget, as shown in the table below. This approval authorizes the City Manager to execute change orders within the above budgeted contingency amount as needed.
PROJECT COSTS ARP -08
(91AK)
SEWER FUND
(91AY) Total Funding
Construction
Contract $583,945.00
Contingency $60,055.00
Total Project
Cost $644,000.00 $322,000.00 $322,000.00 $644,000.00
Attachments:
Bid Tabulations
CITY OF DELANO JM Pipeline Construction Brough Construciton American Pipeline Services 1015 Eleventh Avenue 506 Mountaincrest Road
Delano, CA 93215 8200 Stockdale Highway Ste M10 #366 634 Printz Road PO Box 1931 (661) 721-3380 Bakersfieldd, CA 93311 Arroyo Grande, CA 93420 Duarte, CA 91010 PROJECT: Test Well No. 41 661.868.9982 805.489.7779 877.358.8412 Bid Date: 11/28/2017, 2:00 pm Lic. No.1030978 Lic. No.851220. Lic. No.987779 ITEM EST. UNIT TOTAL TOTAL UNIT TOTAL
NO UNIT ITEM QUANTITY PRICE PRICE PRICE PRICE PRICE PRICE 1 L.S. Mobilization, Demobilization, Bonds and Permits @ Dollar Lump Sum. 1 $ 21,000.00 $ 21,000.00 $ 9,000.00 $ 9,000.00 $ 20,000.00 $ 20,000.00 2 L.F.
Furnish and Install 8-inch SDR35 Sewer main line, includes removal, trench, backfill, paving and overlay complete and in place @ Dollars Per Linear Foot.
1,305
$ 151.00 $ 197,055.00 $ 153.00 $ 199,665.00 $ 250.00 $ 326,250.00 3 EA. Furnish and Install Sewer Manholes complete and in place @ Dollars Each 4 $ 9,500.00 $ 38,000.00 $ 17,000.00 $ 68,000.00 $ 10,000.00 $ 40,000.00 4 EA. Furnish and Install Sewer Clean Out complete and in place @ Dollars Each 1 $ 950.00 $ 950.00 $ 5,500.00 $ 5,500.00 $ 3,500.00 $ 3,500.00 5 EA. Furnish and Install 4-inch Sewer Lateral Service Assembly complete and in place @ Dollars Each. 36 $ 2,300.00 $ 82,800.00 $ 2,200.00 $ 79,200.00 $ 1,375.00 $ 49,500.00 6 L.F.
Furnish and Install 8-inch PVC Water line, includes removal, trench, backfill paving and overlay complete and in place @ Dollars Per Linear Foot.
890 $ 168.00 $ 149,520.00 $ 175.00 $ 155,750.00 $ 175.00 $ 155,750.00 7 EA. Furnish, Install and Raise to 8-inch Gate Valves complete and in place @ Dollars Each 4 $ 2,780.00 $ 11,120.00 $ 3,200.00 $ 12,800.00 $ 450.00 $ 1,800.00 8 EA. Furnish and Install to Grade 8-inch Gate 90 bend complete and in place @ Dollars Each 1 $ 3,500.00 $ 3,500.00 $ 600.00 $ 600.00 $ 4,500.00 $ 4,500.00 9 EA. Furnish and Install 1-inch Water Service Lateral Assembly complete and in place @ Dollars Each. 36
$ 1,750.00 $ 63,000.00 $ 2,100.00 $ 75,600.00 $ 1,675.00 $ 60,300.00 10 EA. Furnish and Install 8-inch Tie into existing water mains including all materials @ Dollars Each. 4 $ 4,750.00 $ 19,000.00 $ 10,500.00 $ 42,000.00 $ 3,500.00 $ 14,000.00 $ 585,945.00 $ 648,115.00 $ 675,600.00
SUBCONTRACTORS Kern Asphalt Kern Asphalt Kern Asphalt
City of Delano Engineering Dept. Page 1 of 1
CITY OF DELANO
STAFF REPORT
January 18, 2022
Agenda Item: 15
To:
From:
Subject:
Honorable Mayor and Members of the City Council
Maribel Reyna, City Manager
By: Rachel Richman, City Attorney &
Christopher Mynk, Interim Community Development Director Discussion regarding Ordinance to allow Cannabis uses in Delano (Mayor Osorio) (This matter will not be discussed due to staff gathering more information at the request of City Council) Recommendation
Direction from Council regarding potential ordinance changes to allow for various cannabis related businesses within Delano.
Background
Staff received a request by Mayor Osorio to research and develop an ordinance to allow for cannabis related businesses within Delano. Currently, the Delano ordinance prohibits all cannabis business (Ordinance 2017-1296). This ordinance was passed on December 18, 2017, by a vote of 5-0. In order to allow for new cannabis related businesses, the current ordinance would need to be rescinded and replaced with a new ordinance.
Originally referred to as the Medical Marijuana Regulation and Safety Act but renamed through subsequent amendments, the Medical Cannabis Regulation and Safety Act (MCRSA) consists of three separate bills that were enacted together in September 2015 (AB 266, AB 243, and SB 643). The bills created a comprehensive state licensing system for the commercial cultivation, manufacture, retail sale, transport, distribution, delivery, and testing of medical cannabis. All licenses must be approved by local governments. AB 266 established a new Bureau of Medical Cannabis Regulation under the Department of Consumer Affairs. The Bureau is tasked with establishing a comprehensive internet system to track licensees and report the movement of commercial cannabis and cannabis products.
SB 643 and AB 243 establish the following responsibilities: the California Department of Food and Agriculture is responsible for regulating cultivation; the California Department of Public Health is responsible for developing standards for manufacture, testing, and production and labeling of edibles; the California Department of Pesticide Regulation is responsible for developing pesticide standards; and, the California Department of Fish and Wildlife (CDFW) and State Water Resources Control Board (SWRCB) are responsible for protecting water quality.
On November 8, 2016, California voters approved Proposition 64, the California Marijuana Legalization Initiative, or the Adult Use of Marijuana Act (AUMA). Proposition 64 legalized the personal use and cultivation of marijuana in California as of November 9, 2016. However, the sale and subsequent taxation of recreational marijuana did not go into effect until January 1, 2018. The intent of the Act was to establish a comprehensive system to legalize, control, and regulate the cultivation, procession, manufacture, distribution, testing, and sale of non-medical marijuana products, for use by adults 21 years and older, and to tax the commercial growth and retail sale of marijuana for recreational use. Senate Bill 94, adopted in June 2017, reconciles conflicts in regulations between MCRSA and AUMA.
Discussion
Staff is seeking direction from Council on various items, listed below:
1. Types of Cannabis Related Businesses. There are many types of businesses related to cannabis. Staff would like direction from Council on the types of uses that would be allowed through an ordinance update.
a. Cultivation – These uses allow for the indoor/outdoor growing of cannabis.
Typically, cities opt for the indoor cultivation, ass opposed to outdoor grows. The indoor grows are most commonly found in industrial zoned land and within a fully enclosed building. Odor control systems are standard and regulate off-site smells associated with the growing of cannabis. Cannabis cultivation can be water intensive.
b. Manufacturing – these uses are typical in industrial zoned land and consist of drying and chopping the cannabis flower buds. High quality buds are typically sold as-is without further processing. The remaining parts can be processed into a variety of cannabis products through infusion and extraction.
c. Distribution – These uses consist of transporting cannabis products from cultivation/manufacturing facilities to retail locations. These are typically subordinate or incidental to those uses and operated by the same companies. d. Laboratory Testing – Testing facilities are used to ensure products are consistent and properly grown to industry standards. Labs are not required to be located within the same city as other cannabis activities. Testing can occur at other existing facilities.
e. Retail Sales – Retail locations are most commonly found in industrial zones and consist of a shop where cannabis products are sold to consumers.
2. Setbacks from Sensitive Uses. Current State Law requires a minimum of 600-foot radius from a school (K-12) a day-care, or youth center. A larger radius can be required through a city specific ordinance.
3. Zone Districts. As noted above, cannabis related businesses are typically found in industrial zones. Retail sales could be allowed in commercial zones but are not typically allowed.
4. Required Permits. Within the Zoning Ordinance, uses are either defined as “byright” or “conditionally allowed”. “By-right” uses do not require approval from the Planning Commission or the City Council, prior to operation. “Conditional uses” require the approval of a Conditional Use Permit (CUP), prior to operation. Does the Council wish to require conditional use permits, and if so, does the Council wish to have them reviewed by the Council or the Planning Commission? Other types of local regulations include: public safety license, business license, or development agreements.
5. Number of businesses. How any of each type of cannabis business does the Council wish to see? The Council may include a cap on the total number of permits allowed, or they may allow the market to dictate the number of businesses. A cap can create some issues if the amount of interest exceeds the number of allowed businesses. This issue can be handled through a lottery or as a “first come” system.
6. Cannabis Tax. A cannabis tax is possible; however, it would need to be approved through a local initiative at a regularly scheduled election.
Based on feedback from Council and specific direction, staff can complete a draft ordinance for review at a future Council meeting.
Budget Impact
No anticipated impact for discussion of this item.